City Council Regular Meeting June 24, 2008

Transcription

1 City Council Regular Meeting June 24, 2008 The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, June 24, Mayor Ron Swank called the meeting to order at 6:55 p.m. Present were Mayor Ron Swank, Vice-Mayor Paul Secor, and Members Conrad Eigenmann, Walt Johnson and Jim Tulley. Also present were City Manager Mark Ryan, City Attorney Dwight Severs and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Mayor Swank asked for a moment of silence and then led those present in the Pledge of Allegiance to the Flag. He followed by reading the public speaking procedures for the meeting. Minutes Member Tulley moved to approve the minutes of the regular meetings on April 22, 2008, May 13, 2008 and the special meeting on June 12, 2008, as submitted. Member Johnson seconded the motion and it carried unanimously. Special Recognitions and Presentations: Legislative Session 2008 and A. Max Brewer Causeway Bridge Representative Ralph Poppell - Ralph Poppell, Florida House of Representatives, District 29, began his presentation by speaking on past, present and future revenues. Representative Poppell spoke briefly on insurance costs and advised that his Legislative Assistant, Lisa Nicholas, would be available to take calls or s from the public and to answer any questions in regards to insurance. Representative Poppell expressed his thoughts on Amendment One and Amendment Five and spoke briefly on other issues occurring statewide that he was involved with. Representative Poppell next spoke regarding the accelerated funding for the new A. Max Brewer Causeway Bridge. He commented on the benefits, responses and priorities in relationship to the bridge s construction. Before concluding his presentation, Representative Poppell also spoke on budget trimming, revenue losses, Everglade Restoration Project, and vegetable based fuel. 1

2 In closing, Representative Poppell commented on the launch pad and on the many persons involved with the A. Max Brewer Causeway Bridge from past years and who worked closely with the Florida Department of Transportation toward achieving an improved bridge. Legislative Session 2008 and Underage Drinking Initiatives Representative Tony Sasso - Tony Sasso, Florida House of Representatives, District 32, began his presentation by thanking Representative Ralph Poppell for his work with Agriculture and commented on the importance of it. Representative Sasso next spoke on the community, activism, his involvement with bill slots, review of companion bills, etc. One of the bills he was involved with came from the City of Titusville, which was related to underage drinking. Representative Sasso then spoke regarding the City of Titusville s underage drinking initiatives and a related underage drinking bill that has yet to be passed. He further advised regarding details and actions by himself and others that took place in the efforts of getting the Underage Drinking Bill pushed forward. Additionally, he described the way in which the bill would work, and explained that the bill would increase the penalty for a second or subsequent reoccurrence of serving or selling alcohol to minors. It would mirror the same penalties endorsed regarding tobacco sales. Representative Sasso then thanked the Council for allowing him to work on the Underage Drinking Bill. He advised regarding another bill that he did get passed (regarding Clean Oceans) and described several committees he has involvement with and described their purposes. Further, he commented regarding area job preservation and efforts by others to keep jobs in the community. City Attorney Severs thanked Representative Sasso regarding his efforts with the Underage Drinking Bill and noted that he himself was working on this subject. He also commented on the sales of alcohol, profits from the sales, and the repetitiveness of the reoccurring problem. City Attorney Severs personally thanked Representative Sasso given the importance of the issue and expressed his thoughts regarding the current laws and punishment. Mayor Swank advised Representative Sasso regarding an issue that was coming later in the agenda that may interest him. Mayor Swank asked Council their desire in hearing Special Recognitions & Presentations Proclamation for Andrew Jackson Middle School at this time. 2

3 Member Eigenmann moved to approve hearing Special Recognitions & Presentations - Proclamation for Andrew Jackson Middle School at this time. Member Tulley seconded the motion and it carried unanimously. Mayor Swank commented on the newly implemented baccalaureate program at Andrew Jackson Middle School and then presented Principal Jim Hickey with an Official Proclamation by the City of Titusville that outlined the school s International Centre status by the Cambridge International Examinations, etc. Mayor Swank thanked Principal Jim Hickey for his work with the students and gave him an opportunity to speak. Principal Hickey thanked the Council Members for recognizing Andrew Jackson Middle School. He commented on the opportunity made available to all area students. He also commented on future opportunities and long term success for those students enrolled in the baccalaureate program. Employee of the Month June 2008 City Manager Ryan recognized Security Guard, Mike Schierholtz of the Titusville Municipal Marina as Employee of the Month for June He read from the nomination, which highlighted Mr. Schierholtz s accomplishments and presented the recipient with a plaque and gift. Letters of Appreciation City Manager Ryan read the names of the following employees that received letters of appreciation: City Attorney Office Dwight Severs City Attorney City Clerk s Office Brenda Evans Records Manager Charlene Lehmann Records Manager Wanda Wells City Clerk Planning & Growth Courtney Harris Planning & Growth Manager Finance Department William Rotella Fiscal Analyst Engineering Department Joe Land Building Inspector 3

4 Fire and Emergency Services John DeVoss Chaplain Police Department Leamon Jackson Police Officer Christine Massey Logistics Clerk Stuart Otto Commander Cesar Torres Community Service Officer Adam Treinen Police Officer Ashley Tuggle Dispatcher Public Works Public Works Department Water Works Rufus Edmonson Equipment Operator Rodney Ladd Supervisor Louis Loyd Service Worker Boards and Commissions - Affordable Housing Advisory Committee Mayor Swank outlined the request for Council to appoint members to the City s Affordable Housing Committee (AHAC) by Resolution No , as recommended by the Neighborhood Services Department. Mayor Swank further advised that establishment of this committee was required by the State. Member Eigenmann advised that an additional application was received prior to the meeting from Dixie Toddy and it was not included in the current Resolution. Member Eigenmann commented on the number of positions open and whether the new application met any of the qualification requirements. City Manager Ryan advised that the new applicant, Dixie Toddy, was qualified to serve as the Essential Services Personnel representative. He recommended that Council add this applicant to the Resolution. Mayor Swank advised that one additional opening remained. City Manager Ryan commented on the nature of the remaining opening and advised of where the last appointee could possibly be obtained from. City Manager Ryan also advised that it was possible to come back later with an amended resolution that would add an additional committee member. Member Johnson moved to approve Resolution No appointing the following members with the designated criteria: (1) Residential home building Mike Cunningham; (2) Banking or mortgage industry Bill Trabue; (3) Representative of those areas of labor in home building 4

5 Sid Chehayeb; (4) Advocate for low-income persons Beverly Fayson; (5) For profit provider of affordable housing John Beasley; (6) not for profit provider of affordable housing Joe Robinson; (7) Real estate professional Melissa Criss; (8) Serves on local planning agency Fred Banks; (9) Resides within the city limits M. Diane Ruth; (10) Represents employers within the jurisdiction Open; and (11) Represents essential services personnel Dixie Toddy. Member Eigenmann seconded the motion. The roll call was: Member Tulley Vice-Mayor-Secor Mayor Swank Member Eigenmann Member Johnson The motion carried unanimously. Titusville Environmental Commission The request was for Council to accept the Titusville Environmental Commission (TEC) Semi-Annual Report, as presented. Chairman Dean Pettit of the Titusville Environmental Commission read from the semi-annual report and made references to an attached worksheet titled Environmentally Sensitive Lands Selection Criteria. Mayor Swank thanked Mr. Pettit and the TEC for their work. Mayor Swank commented on the helpfulness that the attached worksheets provided. Mr. Pettit added that the purpose of the worksheets were to eliminate any guesswork and provide factual information. Vice-Mayor Secor inquired in regards to the weight and scoring system referenced in the worksheets and the comparison to the criteria listed. Vice-Mayor Secor also expressed concern that the point system appeared uncapped and asked Mr. Pettit if the point system could give undue weight to a property. Mr. Pettit responded to Vice-Mayor Secor by stating that the point system could be reevaluated and that the worksheets presented at the meeting was a test sheet. Vice-Mayor Secor s second question referenced the pending implementation of the worksheets scoring system. He addressed the possibility of gathering a conclusive inventory of all properties verses piecing them together. Mr. Pettit responded with a speculative idea that included targeting those properties now. He commented on the transferring of development rights for various, unidentified properties. Vice-Mayor Secor expressed his desire for more feedback from the TEC prior to the implementation of the scoring system. Mr. Pettit asserted that TEC s objectives included inventory and planning. Member Johnson moved to approve and accept the Titusville Environmental Commission (TEC) Semi-Annual Report, as presented. Member Eigenmann seconded the motion and it carried unanimously. 5

6 Mayor Swank advised that staff from the Solid Waste Department was present at the meeting and wished to provide information to the public on the new automated refuse program that became effective on June 23, Vice-Mayor Secor moved to approve allowing the presentation to occur before Petitions and Requests from the Public Present. Member Eigenmann seconded the motion and it carried unanimously. Public Works Deputy Director Kevin Cook gave a brief presentation that highlighted the Solid Waste Automated Collections Program including implementation dates, recognized benefits, and customer support. Petitions and Requests from the Public Present (Open Forum) Bart Morrison spoke regarding the recent proposed Fire Fee and thanked Council for dismissing it on June 12, Additionally, Mr. Morrison expressed his thoughts regarding economic issues and expressed his feelings that government should tighten their belts in tough economic times. He further expressed his views in regards to the Community Redevelopment Agency (CRA) borrowing money. Consent Agenda - Mayor Swank advised that a citizen wished to speak on Consent Agenda Item O Ordinance Advisability for a limited exemption for dogs at food service establishments. Council gave consensus to allow the citizen to speak at this time. Bart Morrison stated that he was in favor of the pending ordinance, but expressed concern with the liability. Member Tulley moved to approve Consent Agenda Items A, B, C, D, E, F, G, H, I, J, K, L, M, N, O and P in accordance with recommendations. Member Eigenmann seconded the motion. Member Tulley read the Consent Agenda Items: A. Approve a new Florida Department of Environmental Protection (FDEP) agreement for the Marina Basin Retrofit Project and corresponding budget amendment. The new agreement increases the grant amount from the FDEP from $298,800 to $548,000. B. Approve the amendment to the Joint Use and Maintenance Agreement for Royal Palms Senior Apartments. 6

7 C. Accept the Easement for Ingress/Egress, Public Utility and Drainage from Damar Homes, associated with the new construction of Royal Villas Subdivision. D. Accept the Fire Water Line, Sewer Line and Water Line Easements from Richard M. Levine, associated with the new construction of Space Coast Cancer Center. E. Approve agreement between the City of Titusville and Palmetto Ridge Estates, L.P., which allows $90,000 from SHIP funds for payment of city water and sewer tap-on fees incurred on this multi-family affordable housing project. F. Approve the capital lease financing of one (1) 2008 Hydraulic Excavator in the amount of $249,494 for the Stormwater Utility and approve related Resolution No authorizing execution of an addendum to the master lease agreement between the City and SunTrust Leasing and authorize the Mayor and City Officials to execute any and all documents in connection with said agreement for the lease-purchase acquisition of the stormwater excavator in the amount of $249,494. Purchase of the Hydraulic Excavator was approved by Council at the January 8, 2008 meeting under Consent Item 8.A. from Great Southern Construction Equipment. G. Approve Resolution No of the City of Titusville, Florida declaring that at a definite time and place a public hearing will be held to consider the vacating, abandoning, and discontinuing certain public streets located between 120 and Lots 104 and 121 in Section 17, Township 22 South, Range 35 East, as shown on the Titusville Fruit and Farms Land Co. Subdivision and the North 25 feet of Satterfield Road lying East of the Southerly projection of the West line of said Lot 120 and West of the Northerly projection of the Western most East boundary of Tract E, Hidden Oaks of Titusville. H. Accept the Water Line Easement from the North Brevard Hospital District, associated with the new construction of the Parrish Hospital Cath Lab, additionally including Parrish Medical Center. I. Accept the Water Line Easement from Stinger Fiberglass, LLC, associated with the new construction of Stinger Fiberglass. J. Accept the Sewer Line Easement from Driveways, Inc., associated with the Bobbi Lane Development Area. K. Accept the Sewer Line Easement from Classic Game Source, Inc., associated with the Bobbi Lane Development Area. L. Approve submission of application, authorize use of 2008 Justice Assistance Grant funds in the amount of $11,671 and approve budget amendment upon award. M. Approve advisability to move forward with changes to the Urban Mixed Use District zoning regulations and analyze whether changing the land use and zoning within a 7

8 specific target area from Urban Mixed Use to Industrial land use and zoning is appropriate. N. Approve selection of Standard Insurance Company as the City's Life Insurance provider at an annual savings of over $34,000 over current rates. The coverage offered by Standard contains certain improvements to that of our current carrier, Reliastar Life. O. Approve advisability to proceed with an ordinance authorizing a permit process that would provide a limited exemption, within designated outdoor dining areas, to the prohibition of dogs on the premises of a food service establishment. P. Approve a contract extension in an amount not to exceed $41,920 to Ecotech Consultants, Inc. of Vero Beach, FL, authorize Mayor to execute Amendment 1 to the contract. The contract extension is for one year with the option to administratively renew annually for three additional years. The roll call was: Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson Member Tulley The motion carried unanimously. Ordinances Second Reading, Public Hearings and Related Action: Ordinance No Residential Treatment Facility City Attorney Severs read the proposed ordinance as follows: ORDINANCE NO AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTIONS TO PROVIDE A DEFINITION OF RESIDENTIAL TREATMENT FACILITY AND AMENDING THE DEFINITION OF ADULT CONGREGATE LIVING FACILITY; AND BY AMENDING SECTIONS , OF THE LAND DEVELOPMENT REGULATIONS BY PROVIDING CRITERIA FOR A RESIDENTIAL TREATMENT FACILITY AS A CONDITIONAL USE WITHIN THE MULTIFAMILY, HIGH DENSITY RESIDENTIAL (R-3) ZONING AND HOSPITAL MEDICAL (HM) ZONING DISTRICT the first and second time by title only. This was the first reading and first public hearing tabled from the May 27, 2008 City Council meeting. The second and final public hearing was scheduled for July 8,

9 City Manager Ryan highlighted a change to the proposed ordinance and advised that a supplemental page was distributed that highlighted the change. The change was on page 4 deleting the last sentence of the proposed Section (e)(13) which states A home/facility that was located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area and shall not be allowed. Member Tulley clarified the designated number of beds per acre against similar facilities referenced in staff s report. Member Tulley also clarified the size of the outdoor recreation area. City Attorney Severs advised on case law, ordinance objectives, and restrictions. He also advised that prior to the next public hearing, staff would address concerns as it related to determining the number of acres, number of beds, and what type of land use and zoning would be allowed for each. Mayor Swank clarified the setback limits. Mayor Swank opened the public hearing. No persons were present that wished to speak and Mayor Swank closed the public hearing. The second and final public hearing was scheduled for July 8, Ordinance No Parking Citations City Attorney Severs read the proposed ordinance as follows: ORDINANCE NO AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES BY AMENDING SECTION "PENALTIES" BY ADDING A NEW SUBSECTION ENTITLED "SURCHARGE ON PARKING FINES" the second time by title only. City Manager Ryan highlighted the report. The request was to approve Ordinance No , as recommended. Council discussed the clarity of the proposed ordinance, financing of school crossing guard positions, and the definition of core service. Mayor Swank opened the public hearing. No persons were present that wished to speak and Mayor Swank closed the public hearing. Vice-Mayor Secor moved to approve Ordinance No , as recommended. Member Johnson seconded the motion. The roll call was: Mayor Swank 9

10 Member Eigenmann Member Johnson Member Tulley Vice Mayor Secor The motion carried unanimously. Ordinance Redevelopment Plan Supplemental Report 2008 City Attorney Severs read the proposed ordinance as follows: ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO DATED AUGUST 1, 1984, WHICH APPROVED AND ADOPTED THE COMMUNITY REDEVELOPMENT PLAN FOR THE COMMUNITY REDEVELOPMENT AGENCY CREATED ON OCTOBER 12, 1982, BY AMENDING SAID PREVIOUSLY ADOPTED PLAN; AMENDING ORDINANCE DATED OCTOBER 22, 1996, AND ORDINANCE NO DATED MARCH 23, 2004, WHICH UPDATED THE REDEVELOPMENT PLAN; PROVIDING FOR RATIFICATION OF PREVIOUS ACTIONS OF THE COMMUNITY REDEVELOPMENT AGENCY AND ADOPTING CERTAIN AMENDMENTS THERETO TO THE COMMUNITY REDEVELOPMENT PLAN the second time by title only. City Manager Ryan highlighted the report. The request was to approve the Redevelopment Plan Supplemental Report 2008 and approve related Ordinance No , as recommended. Mayor Swank opened the public hearing. No persons were present that wished to speak and Mayor Swank closed the public hearing. Member Johnson moved to approve the Redevelopment Supplemental Plan 2008 and related Ordinance No , as recommended. Member Tulley seconded the motion. The roll call was: Member Eigenmann Member Johnson Member Tulley Vice-Mayor Secor Mayor Swank The motion carried unanimously. Mayor Swank read the quasi-judicial rules of procedure. 10

11 Park Avenue and Dixie Highway Small Area Study City Manager Ryan highlighted the report. The request was to approve changes to the #2C recommendation of the Park Avenue and Dixie Avenue Small Area Study, as recommended. Senior Planner Art Interiano advised that a supplemental handout was distributed that referenced the changes. He also advised that 7.84 acres at Draa Field was acquired. Mayor Swank opened the public hearing. No persons were present that wished to speak and Mayor Swank closed the public hearing. Member Tulley moved to approve changes to the #2C recommendation of the Park Avenue and Dixie Avenue Small Area Study, as recommended. Member Johnson seconded the motion. The motion carried unanimously. Amendment To Ordinance No City Attorney Severs read the proposed ordinance as follows: ORDINANCE NO. 2A-2008 OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING THE FUTURE LAND USE MAP AND BY AMENDING ORDINANCE NO BY CHANGING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED EAST OF THE INTERSECTION OF DRAA ROAD AND DIXIE AVENUE, WEST OF PARK AVENUE FROM ITS PRESENT RESIDENTIAL HIGH DENSITY TO COMMERCIAL LOW INTENSITY LAND USE DESIGNATION the second time by title only. City Manager Ryan highlighted the report. The request was to approve an amendment to Ordinance No by adopting Ordinance No. 2A-2008, which changes the previously approved land use of Downtown Mixed Use to Commercial Low Intensity for a property located west of Park Avenue, south of Draa Road, and east of Dixie Avenue. Mayor Swank opened the public hearing. No persons were present that wished to speak and Mayor Swank closed the public hearing. Member Johnson moved to approve Ordinance No. 2A-2008, as recommended. Member Tulley seconded the motion for discussion confirming that the change was to Commercial Low Intensity and not Downtown Mixed Use. 11

12 The roll call was: Member Johnson Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann The motion carried unanimously. Ordinances First Reading City Attorney Severs read the following ordinances by title only. ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO AND ORDINANCE NO BY AMENDING THE CONDITIONS OF ANNEXATION AND REZONING IMPOSED ON CERTAIN PROPERTY LOCATED SOUTH OF STATE ROAD 405 AND WEST OF STATE ROAD 407; AND PROVIDING FOR AN EFFECTIVE DATE and ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING THE VARIOUS ELEMENTS OF SAID PLAN AND MAPS BY CHANGING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED AT 1111 NORWOOD AVENUE FROM ITS PRESENT DOWNTOWN MIXED USE TO INDUSTRIAL LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE and ORDINANCE NO AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING PROPERTY LOCATED AT 1111 NORWOOD AVENUE FROM ITS PRESENT LIGHT INDUSTRIAL (M1) ZONING TO INDUSTRIAL (M2) ZONING; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearings were scheduled for July 8, Old Business None New Business Housing Rehabilitation Policy and Procedure Revisions City Manager Ryan highlighted the report. The request was to approve revisions to the current Housing Rehabilitation Program Policy and Procedure Guidelines established by the Neighborhood Services Department, as 12

13 recommended. City Manager Ryan also highlighted the proposed changes. Additionally, Neighborhood Services Department Director, Terrie Franklin, was present to answer questions. Mayor Swank requested clarification on code rules, code violations, minimum standard housing, construction, rehabilitation, debris removal, eligibility requirements, assistance, home replacement, emergency situations, housing code, housing quality standards, liens, data management and homeowner s insurance. Member Tulley requested clarification on subcontractor bidding, annual bidding processes, and subcontractor procurement responsibility. Member Eigenmann moved to approve revisions to the current Housing Rehabilitation Program Policy and Procedure Guidelines established by the Neighborhood Services Department, as recommended, but that included modifications addressed during the meeting. The modifications that were approved included the following: (1) Page 425; clarify number 4 under objectives that benefit individual homeowners. It should read Provide minimum standard housing for those in need and (2) Page 428, under policy for households who have received assistance under this program previously, clarify number 1 to not allow more than one assistance lien at any one time. Member Johnson seconded the motion and it carried unanimously. Petitions and Requests from the Public Present (Open Forum) None Mayor and Council Reports - Mayor Swank submitted his written report. Mayor Swank highlighted two recent High School Graduation Ceremonies that took place at Astronaut High School and Titusville High School. Mayor Swank also highlighted the Flag Day Ceremony held on June 14, Member Tulley highlighted that he recently participated in a Naval Junior R.O.T.C. Graduation. Member Tulley stated that he recently attended a meeting regarding a loop trail (from the St. Johns River) whose north end began in Palatka, Florida and whose south end ended in Titusville. He remarked that the loop trail was one of very few loop trails and was one of the largest in the country. He also advised that an inaugural ride would occur on the loop trail November 15-22, 2008, and that persons on the ride would stop in Titusville for two nights. Member Tulley advised that the event would bode real possibilities for notoriety and local business opportunity. Member Tulley, requesting Council s consent to do so, asked City Manager Ryan to look into this event for the purpose of hosting some type of celebration. 13

14 Mayor Swank referenced Representative Sasso s Underage Drinking presentation from earlier in the meeting. Discussion ensued. Motion Member Eigenmann moved to authorize staff to prepare a resolution supporting the Underage Drinking Bill and forward to the Florida League of Cities. Mayor Swank seconded the motion and it carried unanimously. City Manager s Report City Manager Ryan submitted his written report. The first item was to establish the Fiscal Year 2008/2009 Annual Budget Public Hearings. Council established the Fiscal Year 2008/2009 Annual Budget Public Hearings on September 11, 2008 at 5:30 p.m. and September 25, 2008 at 5:30 p.m. City Manager Ryan advised that during the May 13, 2008 City Council meeting discussions were made regarding a Request by the City of Melbourne to adopt a resolution supporting the award for the United States Air Force Tanker Contract to Northrop Grumman and EADS North America. He advised that following earlier written reports, something changed in that the Governmental Accounting office had sided with a competitor, Boeing Company, indicating a need to revisit the award of the project. City Manager Ryan advised that Council would need to make a decision on their support of the resolution. Council did not take action on the support of the award for the United States Air Force Tanker Contract, as requested by the City of Melbourne. City Manager Ryan outlined from his report the potential for conflict arising from the Primary Election on August 26, 2008 and the regular City Council meeting scheduled for the same day. He recommended that the regular City Council meeting be rescheduled for Thursday, August 28, Council consented to moving the regular City Council meeting scheduled for Tuesday, August 26, 2008 to Thursday, August 28, 2008 in order to allow the primary election to be held in the council chamber. 14

15 City Manager Ryan outlined an addendum to the City Manager s Report regarding pavilion replacement at Sand Point Park. He advised that a 1992 Interlocal Agreement requires the County to obtain City approval for all work over $5,000. City Manager Ryan advised that the pavilion replacement was in line with the Sand Point Park Master Plan. He informed Council that the replacement cost was estimated at $93,000 and stated the primary focus was approval for any expenditure over $5,000. Discussions occurred regarding the improvements at the park including park orientation, playground equipment, parking, pavilion placement, master plan, conceptual plan design, construction completion, amphitheater, maps, and existing features. Mayor Swank expressed his concern regarding the tear down or relocation of structures in order to meet master plan objectives and referenced the ampitheater. City Manager Ryan advised that the amphitheater should not be significantly affected. City Manager Ryan would verify this information. Member Tulley expressed that he would like to see better maps in order to clarify exactly where the pavilions would be located in relation to the master plan. Motion Member Eigenmann moved to approve the expenditure in excess of $5,000 to replace pavilions at Sand Point Park as long as it does not alter the existing master plan. If the pavilions were to interfere with the existing master plan, further approval from Council would be necessary. Member Tulley seconded the motion and it carried unanimously. City Manager Ryan highlighted the Red, White and Boom over North Brevard, which was a firework display that would take place on July 4, He advised that donations were being accepted and advised on how someone could make a donation. City Attorney Severs advised regarding a recent decision that was made by an administrative law judge in regards to Burson vs. City of Titusville. He recommended that Council review the order given by the judge with emphasis on paragraphs 58 and 59, as it related to Conservation Land Use and designating wetlands as Conservation Land Use. He also recommended Council review paragraphs 40 and 41 of the judge s order as it related to Open Space and Recreation (OR) zoning and that addressed whether the zoning was permanent. The judge indicated the zoning was permanent. City Attorney Severs also requested Council review paragraphs 21 and 22 of the order as it related to Conservation Land Use. He provided additional information as to the next steps. Member Eigenmann requested the cost to date in defending the above mentioned hearings. City Manager Ryan advised that he would provide that information the next day. 15

16 City Attorney Severs advised on a case involving the City of Cocoa Beach and election campaigns, and persons appearing before council wearing campaign paraphernalia. He advised that in 2002, the City of Cocoa Beach established a Campaign Free Zone whose purpose was to limit political influence on employees and limit political influence while conducting public meetings. Council directed City Attorney Severs to prepare similar language for a Campaign Free Zone. City Attorney Severs asserted that no person or candidate would be prohibited in speaking on an agenda item and expressing their view. He also stated that the language for a Campaign Free Zone language could be incorporated into the council chamber guidelines. Member Eigenmann requested additional time to speak prior to concluding the meeting. Motion Member Johnson moved to approve allowing Member Eigenmann two minutes to speak. Vice- Mayor Secor seconded the motion and it carried unanimously. Member Eigenmann expressed his concern regarding the Community Redevelopment Capital Improvement Plan that was addressed during the Community Redevelopment Agency (CRA) meeting. He commented on cost impacts of five years and cited that what remained was a $3.5 million dollar deficit that included a $229,000 monthly expense. He advised that utilities were not addressed in the CRA Capital Improvement Plan and added that funding did not support the plan following collection of revenue. Member Johnson advised that the CRA Capital Improvement plan was a proposal. With there being no further business, the meeting adjourned at 10:35 p.m. ATTEST: Ronald G. Swank, Mayor Wanda F. Wells, City Clerk 16