CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

April 4, 2006
7:00 PM

AGENDA

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

Council Members Present:

Mayor Pro Tem Bob Hoog

Council Member Jim Morgan
Council Member Leo Nicholas

Council Member Buzz Petsos

Mayor Rocky Randels

Others Present:

City Manager Bennett Boucher

City Attorney Anthony Garganese

City Clerk Susan Stills

City Treasurer Andrea Bowers

Building Official Todd Morley

Public Works Director Ed Gardulski

PRESENTATION:

Mayor Randels presented a Key to the City to Ms. Kathy Reakes of the Hometown News for outstanding coverage of City issues in its first year of circulation.

BOARD INTERVIEWS:

Darrell Peterson, Business & Cultural Dev. Board

Mr. Darrell Peterson affirmed for the City Attorney that the information on his application was true and correct. He stated that he was seeking to participate in the community and he saw an advertisement for Board volunteers on the bulletin board. He resides at Solana Shores. Mr. Peterson is a long time resident with a degree in Business and the Board seemed to suit his interest. Council members thanked Mr. Peterson for his interest. Mr. Peterson related that he was acquainted with another member on the Board. He also disclosed that he played on a bowling league with Mr. Morgan and served in the Firing Room at NASA with Mr. Nicholas. Mayor Randels explained that the respective Board scheduled the initial interview and then provided recommendation to the City Council. A resolution to appoint him to the Board would be placed on the next City Council Agenda.

Gene Vlahovic, Business & Cultural Development Board

Mr. Vlahovic disclosed that he owned two photography studios in Cape Canaveral. Attorney Garganese informed that under the City Code only 25 percent of the Business and Cultural Development Board were allowed to be non-residents and two Board members already live outside City limits. Mr. Vlahovic asked if his business addresses would serve as residency. Mr. Vlahovic stated that his voting address is in Merritt Island. Mayor Pro Tem Hoog asked if he would have any problem with an appointment to the Recreation Board until an opening presents itself on the Business and Cultural Development Board. He replied that he would not.

Mr. Vlahovic related some of his travels and said the Board attracted his interest. His vision is to contribute to the progressive minds of the Board and City government with ideas that are feasible and realistic considering the resources the area offers. His ideas are related toward the future development in the City and the Port as a major eastern attraction. In summary, Mr. Vlahovic related to the new Ron Jon Cape Caribe project that can become a catalyst such as Disney to build tourism for arts, crafts, restaurants, hotel and more. He hoped to help the Board explore such possibilities. Mayor Randels informed that the Board aspired to work on a survey to identify future business development in the City. Mr. Petsos informed that the Recreation Board was filled. Mayor Randels concluded that staff would find a Board vacancy for Mr. Vlahovic. Council thanked him for his interest.

Edward Ciecirski, Code Enforcement Board

Mr. Ciecirski affirmed for the City Attorney that all of the information on his application was true and correct. He affirmed that he would not have an issue adjudicating code violation issues that might concern a neighbor. He stated that he would address each case in a professional manner and use the City code. Council thanked him for his interest.

CONSENT AGENDA:

1. City Council Regular Meeting Minutes of March 21, 2006.

2. Proclamation for Small Business Week.

Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion.

No request was made to remove any of the items for discussion.

A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.

CONSIDERATIONS:

3. Motion to Approve: Award RFP No. 06-01, Continuing Concrete Construction Services to Mudrak Engineering and Construction Company.

Jeff Ratliff, Stormwater Administrator, distributed a handout for Council’s review. He informed that Gibbs and Register, Inc. was ranked first. However, after staff submitted a sample project for a cost estimate, Gibbs and Register’s costs were found too expensive and therefore staff rejected their proposal. Staff then submitted the same sample project to Mudrak Engineering and found the costs acceptable. Mr. Ratliff informed that J & S Curb was charging around $21 per linear foot and Mudrak’s costs were between $18 and $20 per linear foot. Mayor Randels concluded that City staff planned to group small concrete projects together for cost efficiency.

A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Award for Request for Proposal No. 06-01, Continuing Concrete Construction Services to Mudrak Engineering and Construction Company. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.

4. Motion to Approve: Purchase of a Fiberglass Manatee for Our Sister City of Vila Do Bispo, Portugal.

Mayor Randels explained how the project initiated. He asked if the Sister City, Vila Do Bispo desired to receive the gift? Mr. Nicholas related that many gifts were exchanged during the Portugal visit to Cape Canaveral and subsequently a street in Vila Do Bispo was named for the City. Mayor Randels informed that the 5-foot Manatee was reasonably priced at $2,100. Mayor Pro Tem Hoog questioned using referendum Ad Valorem Beautification Funds for a purchase that is not for the beautification of this City. Attorney Garganese advised that the Council find unrestricted funds to make the purchase. Mr. Petsos expressed concern with using taxpayer funds in addition to staff’s trip to Portugal for a good will gift. He expressed to see taxpayer funds used for the City. Mr. Morgan noted that the Portugal delegation gave the City an economic boost during their visit.

Mr. Nicholas explained that Sister City relations are established for good will and exchange of culture and he related that a national interest appears in building global relationships. Mayor Pro Tem Hoog said that the funds should come from fundraising efforts. He agreed with Mr. Petsos. Mr. Petsos suggested more communication and interaction between the two cities’ schools for cultural exchange. Mayor Randels replied that he would contact Cape View Elementary School to establish that dialogue. Mr. Petsos suggested seeking assistance from local businesses. Mr. Morgan pledged $500 to the fund and Mr. Nicholas pledged $100. Mayor Randels concluded that the City Treasurer could start an Escrow Account for the funds. Ms. Bowers informed that checks could be made out to the City of Cape Canaveral for the contributions.

No motion was made on this item.

5. Motion to Approve: Proposal to Conduct a Business Survey in an Amount Not to Exceed $15,000 by University of Central Florida.

Mayor Randels read the Business and Cultural Development Board’s By-Laws that outlines their purpose to bring in new and needed businesses into the City. Mr. Craig Smith, Board Chairperson, outlined the Board’s intent with the Survey. The Survey is a five-minute interview in which college students would pose questions from the Board to gain information toward residents’ needs. He affirmed for Mr. Nicholas that the students would disclose the Survey’s purpose. Mr. Smith informed that the Board would publish the Survey’s intent via the Hometown News and part of the survey was a web page linked from the City’s web site. Mayor Pro Tem Hoog questioned the $2,500 cost of the web page portion. Mr. Boucher reported that the web page portion included data analysis. Mr. Nicholas expressed favor that the survey would reach permanent City residents. He stated that the Survey was a proactive stance on the Board’s part to identify needs.

A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Proposal for the University of Central Florida to Conduct a Business Survey in an Amount Not to Exceed $15,000. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.

RESOLUTIONS:

6. Motion to Adopt: Resolution No. 2006-11; Supporting the Florida Department of Elder Affairs’ Communities for a Lifetime.

Mayor Randels read Resolution No. 2006-11 by title.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS’ COMMUNITIES FOR A LIFETIME; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION.

Mayor Randels related that the Program was formerly called Elder Ready Communities. Mayor Randels introduced Ms. Tammy Harris from the Elder Affairs Commission. Ms. Harris informed that ten Brevard County cities are acknowledged as Communities for a Lifetime. She commended Mayor Randels for his help to promote the Commissions efforts. Ms. Harris stated that by 2011 seniors will equal children in number and this resolution would establish future planning. Ms. Harris informed that Brevard County set a precedent for other communities for best recruiting practices. Mr. Ron Morgan, from the Brevard Commission on Aging, stated that the initiative for Communities for a Lifetime [CFAL] is sponsored by the Governor through the Florida Department of Governmental Affairs and is an intergenerational program. Mr. Morgan referred back to the City’s proposed Survey and said that such a Survey was a component of the Communities for a Lifetime program. He stated that this plan would use existing resources along with State and County technical assistance. The CFAL plan would make crucial civic improvements to housing, health care, transportation, accessibility, business partnerships, community education, use of natural resources and opportunities for citizen volunteer participation. Mr. Morgan thanked the Council for the resolution and for being the first to support Communities for a Lifetime. Mayor Pro Tem Hoog asked if funding was strictly from the State of Florida. Ms. Harris replied that the Department of Elder Affairs budget encompasses the travel throughout the state. However, she is employed with the Brevard County Housing and Human Services.

A motion was made by Mr. Morgan and seconded by Mr. Petsos to Adopt Resolution No. 2006-11. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.

7. Motion to Adopt: Resolution No. 2006-12; Establishing an Audit Committee.

Mayor Randels read Resolution No. 2006-12 by title.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING AN AUDITOR SELECTION COMMITTEE PURSUANT TO SECTION 218.391(2), FLORIDA STATUTES; PROVIDING FOR THE AUDITOR SELECTION COMMITTEE’S SCOPE OF DUTIES; PROVIDING FOR AUDITOR SELECTION PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.

Andrea Bowers, City Treasurer, explained that the current Auditor’s contract expired; however, it was extended to complete the City financial business. State compliance requires an Auditing Committee and Public Meetings to select an Auditing Firm. Ms. Bowers informed that the Audit Committee would review the Request for Proposal and establish the rules for proposal review. She replied to Mr. Nicholas that this proposal process may occur every five years based on the firm’s performance. Ms. Bowers replied that there was no requirement to perform the process with the same auditor every year; however, if the City sought a different Auditing firm then a committee would reconvene. She informed the Council would make the final decision in the Auditing selection. Attorney Garganese stated that the Florida Statutes does not set the criteria for the Auditor’s contract terms and the contract should state the terms for renewal. He stated further that on fewer than three proposals, the Committee shall make a recommendation of such firms that it deems the most highly qualified.

A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2006-12. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.

8. Motion to Adopt: Resolution No. 2006-13; Establishing a Deferred Compensation Plan.

Mayor Randels read Resolution No. 2006-13 by title.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLAN; PROVIDING FOR EXECUTION OF TRUST JOINDER AGREEMENT; PROVIDING FOR ADOPTION OF DEFERRED COMPENSATION PLAN; PROVIDING FOR ACKNOWLEDGEMENT OF MASTER TRUSTEES; PROVIDING FOR EXECUTION OF AN ADOPTION AGREEMENT; PROVIDING FOR ABIDING BY TERMS AND ACCEPTANCE OF SERVICES; PROVIDING FOR TERMINATION OF PARTICIPATION; PROVIDING FOR ACKNOWLEDGEMENT REGARDING ASSETS; PROVIDING FOR APPROVAL BY MASTER TRUSTEES; PROVIDING FOR FULL FORCE AND EFFECTIVENESS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

Mayor Randels explained this resolution as an opportunity for City employees to contribute to the City Pension Plan. Ms. Bowers explained that the Plan amendment creates a 457 Deferred Compensation vehicle for the employee’s portion of the Pension Plan contribution. She noted that a three percent match was discussed during the Union negotiations. Mr. Boucher stated that Plan participation is voluntary. Ms. Bowers concluded that the CitiStreet Pension plan is accessible through their web site.

A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Resolution No. 2006-13. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.

DISCUSSION:

9. Ballot Question Amending the City Charter, Article III, Section 1, Elected Officers, Qualifications and Terms.

Mayor Pro Tem Hoog explained that the question was posed to him after the last election due to Mr. Nicholas serving on the Council after a previous Ethics violation. He requested language for the City Charter to address this circumstance. Attorney Garganese stated that under Florida Ethics laws, the City Council has the authority to create more stringent self-governing ethics laws; however forfeiture of office is statutory. He said that in the 8^th Edition of the National League of Cities Model Charter when compared to the City’s existing Charter on the qualifications for removal from office, the model Charter is more specific on grounds for removal. The City’s Legal Counsel is preparing a White Paper on the subject of qualifications for office and how the Council would judge removal from office based on those qualifications. Attorney Garganese restated that the Council could currently apply more stringent self-governing ethics laws under Florida Statute; however, Florida law does not address the Council proposing a forfeiture of office by ordinance. Also, the citizens can impose forfeiture of office laws by Charter. Attorney Garganese stated that the Council currently has the authority to impose more stringent laws. However, forfeiture of office is statutory or could be imposed by Charter.

Mayor Pro Tem Hoog expressed that a regulation for removal within the Charter gives Council the power to remove a member and might cause political power play; therefore the electorate should make that determination. Attorney Garganese described the varying levels of ethics violations. Mayor Pro Tem Hoog replied that late filing of Financial Disclosure was not a reason for removal. Attorney Garganese stated the two issues as: 1) how to set the threshold of qualifications for office by Charter, and 2) once in office, under what grounds could a Council remove a person from office. He replied to Mr. Petsos that a Charter Committee studied the various forms of city government and used model provisions and commentaries as to the public policy and legal reasons supporting the Model Charter provisions. Mayor Randels asked the City Clerk to ascertain with Supervisor of Elections the timeframe to get a referendum on the next City ballot.

REPORTS:

1. City Manager

· Mr. Boucher announced the Cocoa Beach Community Center workshop the following evening. He outlined the Agenda and stated that Mayor Randels would serve as a panel member. Mayor Randels informed that he would attend and fact gather but would not make any commitment.

· Mr. Boucher reported that the City received a counteroffer on the Stottler, Stagg building for $1.8 million. Mr. Morgan suggested offering $1.5 million and a lease option. Mr. Nicholas asked by how much the City could exceed the appraisal. Attorney Garganese stated that a vote of four Council members was needed to exceed the appraisal costs. Mayor Randels affirmed that the neighborhood was notified of the intent to use the building for public safety.

· Mr. Boucher reported that the Fire Chief attended a Public Safety refurbishing seminar. Chief Dave Sargeant reported that the City would need $190-$220 per square foot for remodeling to meet new standards.

· Mr. Boucher informed that Waste Management planned to deliver the Cart System containers in mid-April. Kim McIntire, Executive Assistant to the City Manager, was tracking questions on the program.

· Mr. Boucher reported that the Public Works Director has been working on Florida Power and Light issues. Mr. Petsos asked about the turtle protection devices on the lights seeking a start date. He requested to have the devices move up in priority. Mr. Gardulski replied that the contract states not to begin work before May 1^st. Mr. Petsos requested a schedule.

· Mr. Boucher announced a status meeting with the County and the consultant on May 10^th for the North Atlantic turn lane.

2. Staff

Public Works Director

· Mr. Gardulski reported that Greenblades is proceeding with the Ridgewood Avenue project.

· Mr. Gardulski informed of an engineering delay on the State Road A1A sidewalk project at the Radisson subject to the elevation and draining.

· Mr. Gardulski informed that the Request for Proposal No. 06-02 for the Lift Station was delayed to April 27^th due to construction design issues between cut or directional booring.

· Mr. Gardulski reported that he is working with the Florida Department of Transportation on the left turn lane at State Road A1A and Central Blvd. Mr. Morgan commented on numerous complaints to get a turn lane. Mr. Boucher replied that the studies are based on existing conditions not future impact.

· Mr. Gardulski reported that he would also seek a right turn lane on North Atlantic Avenue.

Stormwater Coordinator

· No report.

Building Official

· Mr. Morley reported that the Residence Inn received its Certificate of Occupancy for 150 hotel rooms and is fully functional.

City Treasurer

· No report.

City Clerk

· No report.

City Attorney

· No report.

AUDIENCE TO BE HEARD:

· A resident of Solana Shores expressed concern with the garbage residue left from the Waste Management trucks at the condominiums. He stated that this poses a health hazard.

· Mr. Dave Barker, of Canaveral Breakers Annex, expressed thanks to Dr. Pindziak for the prompt tree trimming at the adjacent lot. He said although Dr. Pindziak is working on the lot, the debris still lies on the ground and would become a fire hazard. The Building Official stated that the yard maintenance is a Code Enforcement issue and he should contact Duree Alexander if assistance is needed.

· Mr. Ron Morgan invited the Council and citizens to the Project Fight Back Forum for crimes against seniors sponsored by the State Attorney’s Office and the Brevard County Sheriff on July 5^th at 1:30 P.M. at the Veterans Memorial Center on Sykes Creek Parkway behind the Merritt Square Mall.

3. City Council

Mr. Nicholas

· Mr. Nicholas questioned Ms. Kathy Reakes’ source for her article that said that the Governor relieved him from office due to an Ethics Complaint. Ms. Reakes replied that she had the paperwork at her office. He requested her contact information.

· Mr. Nicholas referred to past clean-up efforts from Waste Management for spillage. The City Manager would contact the firm.

Mr. Petsos

· Mr. Petsos asked about the City’s return of tax funding from Brevard County. He questioned that the City Manager send a letter as to what software the County needs to better track their accounting.

· Mr. Petsos questioned the lighting at the SR A1A intersection and North Atlantic Avenue.

· Mr. Petsos commended Law Enforcement on their proactive work.

· Mr. Petsos reported on the Governor’s plan for 9^th Grade Students to choose a major in High School. He asked the State Legislation to take this measure under advisement.

Mr. Morgan

· Mr. Morgan disclosed that he had spoken with the City Manager and City Attorney and he was considering his resignation due to forthcoming litigation against the City. He expressed that two City Boards erred on their decision on a previous project that constrained him to build commercial construction in Harbor Heights. Attorney Garganese stated that Mr. Morgan was not required to resign; however, precautions would be taken to preserve Attorney/ Client privilege during any litigation strategy decisions. Due to Mr. Morgan’s adverse position on this one issue, he would not be privy to the strategy or the voting for that issue. Mr. Morgan stated that an injustice was created for the neighborhood with the commercial construction. He clarified that he was approached on selling the property. Mr. Morgan concluded that he would ponder his decision and asked the Council to consider seeking someone to replace him.

Mayor Pro Tem Hoog

· Mayor Pro Tem Hoog reported that the Clean Ocean Act, supported by Mr. Petsos, has progressed to the Senate. The Bill was stalled in the Legislature due to its constitutionality. Mr. Petsos related that the Bill was tabled and would return to the Senate in the following week.

· Mayor Pro Tem Hoog reported that a person from the Oaks Condominium requested street lighting on North Atlantic Avenue and International Drive.

· Mayor Pro Tem Hoog reported that he and Mr. Petsos met with the Department of Community Affairs in support of the City’s position on the Ron Jon Cape Caribe Resort project’s impact to the city.

Mayor Randels

· Mayor Randels reported on the success of the Turtle Lighting Seminar and a subsequent grant for $8,900.

· Mayor Randels announced Pat Looney, as the General Manager and Terry DeMartino as the Operations Manager of the Residence Inc.

· Mayor Randels reported on the new General Management at Royal Mansions.

· Mayor Randels announced that he and the City Manager attended the Gang Resistance Education And Training graduation at Cape View Elementary School.

· Mayor Randels reported on the baffle box grant article at International Drive in the St. Johns River Water Management newsletter.

· Mayor Randels reported that he and the Executive Assistant to the City Manager followed the Waste Management trucks to see the new Cart System operations.

· Mayor Randels reported on Governor Bush’s ABATE Motorcycle Program called Check Twice, Save a Life motorcycles are everywhere.

· Mayor Randels remarked on Sign ordinance discussion prior to the General Election.

· Mayor Randels reported that the Florida League of Cites sponsors an educational workshop for municipal Mayors.

· Mayor Randels reported that he, Mayor Pro Tem Hoog, Mr. Petsos and the City Clerk went to Legislative Days in Tallahassee in support of Legislative activity.

ADJOURNMENT:

There being no further business the Chair adjourned the meeting at 10:00 P.M.

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Rocky Randels, MAYOR

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Susan Stills, CITY CLERK