ROCKLEDGE CITY COUNCIL REGULAR MEETING MINUTES

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1 ROCKLEDGE CITY COUNCIL REGULAR MEETING MINUTES Wednesday, July 16, :00 p.m. 1. CALL TO ORDER / ROLL CALL The Rockledge City Council met in regular session on July 16, 2014, at 6:0 0 p.m. in the Council Chamber at Rockledge City Hall, 1600 Huntington Lane, Rockledge, Florida. PRESENT: Thomas J. Price Mayor Dr. Joe Lee Smith Councilmember, Seat #1 (arrived 6:17 p.m.) Richard K. Blake Councilmember, Seat #2 T. Patrick O Neill Councilmember, Seat #3 E. Georgia Phillips Councilmember, Seat #5 Ted J. Hartselle Councilmember, Seat #6 Joseph E. Miniclier City Attorney James P. McKnight City Manager Betsi Beatty Moist City Clerk Sherry Cazessus Deputy City Clerk ABSENT: Frank T. Forester Councilmember, Seat #4 (Vacation) STAFF PRESENT: David A. Henderson Assistant City Manager Dennis Clements Building Official Don R. Griffin Planning Director Stephen H. Wilson Community Advocate Norris Park Fire Logistics Chief Joseph P. LaSata Chief of Police C. Kenneth Poole Public Works Director Alan M. LaDuke Wastewater Treatment & Water Reclamation Director With a quorum present, the meeting was called to order by Chairman Thomas J. Price. 2. INVOCATION The invocation was given by Councilman Hartselle. 3. SALUTE TO THE FLAG A salute was given to the flag and the pledge of allegiance was repeated in unison. 4. APPROVAL OF MINUTES Regular Meeting on June 4, 2014 Councilman Blake moved to approve the minutes of the regular meeting on June 4, 2014; seconded by Councilwoman Phillips. The motion carried unanimously (5). 5. PRESENTATIONS Mayor Price

2 ROCKLEDGE CITY COUNCIL Page 2 of Special Heroism Recognition Mayor Price recognized Andrew Joseph McWain, age 14, and presented him with the Hometown Hero Award in recognition of his successful rescue of a three-year -old little girl who had fallen into a retention pond on June 25 th. The incident was reported to City Staff by responder Cpl. Andrew Palmer of the Rockledge Police Department, who describes Andrew McWain s actions as a true act of heroism. 2. Annual City Golf Tournament Proceeds to Children s Hunger Project City Manager McKnight introduced Corey Harris, who was accompanied by fellow City employees Steve Wilson, Lisa Nicholas, Norris Park and Connie Davis, and some of the committee members who were instrumental in organizing the 16th Annual City Employee Golf Tournament. Mayor Price and committee presented a check in the amount of $ 19,500. to the Children s Hunger Project, the chosen charity for this year s Connie Cup Award. Accepting the donation on behalf of the charity were Bob Barnes and members of the Board of Directors. Councilman Smith arrived at 6:17 p.m. 6. FINANCIAL / BUDGET REPORT Months of May & June 2014 Councilman Blake moved to be in receipt of the Financial/Budget Report for the months of May and June 2014; seconded by Councilwoman Phillips. The motion passed by unanimous vote (6). 7. PUBLIC HEARINGS / ORDINANCES / RESOLUTIONS A. Public Hearing: Special Assessments for Lift Station Replacement, Westwood Subdivision It was noted that the owners of the 37 lots in the Westwood Subdivision are to participate equally in the total assessment of $74,000, or $2,000 per lot assessment. The total cost of the project is anticipated to be approximately $120,000. The City will absorb the costs in excess of the total assessment amount of $74,000. Advertising and public notification requirements having been met, Chairman Price declared the matter open to the public for discussion. There being no public comment, Chairman Price declared the public hearing to be closed. Following the public hearing, Councilwoman Phillips moved to approve the total special assessment of $74, for this project; seconded by Councilman O Neill. The motion passed unanimously (6). 1. Approval of Final Assessment Roll The City Council sat as an equalizing board to receive public comment in connection with the special assessments for Westwood Subdivision. There being no public comment, Councilwoman Phillips made a motion to approve the final assessment roll for the Westwood Subdivision; seconded by Councilman Hartselle. The motion passed by unanimous vote (6).

3 ROCKLEDGE CITY COUNCIL Page 3 of Resolution Approving Special Assessments Councilman O Neill offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLEDGE, FLORIDA, ADJUSTING, EQUALIZING, APPROVING AND CONFIRMING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN THE WESTWOOD SUBDIVISION IN THE CITY OF ROCKLEDGE, FLORIDA and moved to waive the reading and adopt the resolution; seconded by Councilwoman Phillips. The motion passed by unanimous vote. Voting for the motion: Mayor Price and Councilmembers Smith, Blake, O Neill, Phillips and Hartselle (6). B. Ordinance: Second Reading & Public Hearing, Ordinance No Amending Rockledge Code of Ordinances to allow Permissive Use of Alcoholic Beverages on City Property Councilman Blake offered Ordinance No entitled AN ORDINANCE OF THE CITY OF ROCKLEDGE, BREVARD COUNTY, FLORIDA, AMENDING SECTIONS 4-3 AND 4-4 OF CHAPTER 4 OF THE ROCKLEDGE CODE OF ORDINANCES TO ALLOW THE PERMISSIVE USE OF ALCOHOLIC BEVERAGES ON CITY PROPERTY AT SPECIAL EVENTS AS MAY BE APPROVED BY THE ROCKLEDGE CITY COUNCIL; DECLARING THAT INVALIDITY OF ANY PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF AND FOR OTHER PURPOSES, and moved for the second reading of the ordinance by title only and opened for public hearing; seconded by Councilman O Neill. The motion carried by unanimous vote (6). City Attorney Miniclier read aloud the title of the ordinance for the second reading. Chairman Price declared the matter open to the public for discussion. There being no public comment, Chairman Price declared the public hearing to be closed. Councilman Blake moved for the adoption of the ordinance; seconded by Councilwoman Phillips. Voting for the motion: Mayor Price and Councilmembers Smith, Blake, O Neill, Phillips and Hartselle. The motion carried by unanimous vote (6). C. Ordinance: Second Reading & Public Hearing, Ordinance No Amending Rockledge Code of Ordinances by Deleting Provisions Related to the Aquifer Storage and Recovery Facility Councilwoman Phillips offered Ordinance No entitled AN ORDINANCE OF THE CITY OF ROCKLEDGE, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 17, ARTICLE V, SECTIONS THROUGH OF THE ROCKLEDGE CODE OF ORDINANCES TO DELETE THE PROVISIONS RELATED TO THE AQUIFER STORAGE AND RECOVERY FACILITY DUE TO CHANGE IN CIRCUMSTANCES; DECLARING THAT INVALIDITY OF ANY PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF AND FOR OTHER PURPOSES, and moved for the second reading of the ordinance by title only and opened for public hearing; seconded by Councilman Blake. The motion carried by

4 ROCKLEDGE CITY COUNCIL Page 4 of 11 unanimous vote (6). City Attorney Miniclier read aloud the title of the ordinance for the second reading. Chairman Price declared the matter open to the public for discussion. Thanking the Councilmembers for their thoughtful consideration in taking steps to protect the aquifer and the Indian River Lagoon were the following individuals: Mary Sphar, 819 Heron Road, Cocoa, representing the Turtle Coast Sierra Club Maureen Rupe, 7185 Bright Avenue, Cocoa, representing Partnership for a Sustainable Future There being no further public comment, Chairman Price declared the public hearing to be closed. Councilman Blake moved for the adoption of the ordinance; seconded by Councilman Hartselle. Voting for the motion: Mayor Price and Councilmembers Smith, Blake, Forester, Phillips and Hartselle. The motion carried by unanimous vote (6). D. Resolution: Establishing Disclosure Procedures for Ex-Parte Communication Councilwoman Phillips offered a Resolution entitled RESOLUTION OF THE CITY OF ROCKLEDGE, BREVARD COUNTY, FLORIDA, ESTABLISHING DISCLOSURE PROCEDURES FOR EX-PARTE COMMUNICATION BY ALL PUBLIC BODIES WHILE ACTING IN A QUASI-JUDICIAL FASHION and moved to read the resolution in its entirety; seconded by Councilman Blake. The motion passed by unanimous vote (6). City Attorney Miniclier read aloud the entire resolution. Councilman Blake moved for adoption of the resolution; seconded by Councilwoman Phillips. Voting for the motion: Mayor Price and Councilmembers Smith, Blake, O Neill, Phillips, and Hartselle. The motion carried by unanimous vote (6). 8. REPORTS FROM BOARDS AND COMMITTEES A. Fire Employees Retirement Board, Minutes of Meeting on May 22, 2014 Councilwoman Phillips moved to be in receipt of the minutes of the following meetings: Fire Employees Retirement Board on May 22, 2014 General Employees Retirement Board on May 22, 2014 Police Employees Retirement Board on May 22, 2014 Business Development Committee on May 27 and June 24, 2014 Community Redevelopment Agency Board of Commissioners on May 28 and June 25, 2014 Planning Commission on June 3 and July 8, 2014 Council Finance & Budget Committee on June 11, June 25 and July 2, 2014 Code Enforcement Board on June 12, 2014 T.R.E.E. Board on June 12, 2014

5 ROCKLEDGE CITY COUNCIL Page 5 of 11 Board of Adjustment on June 17, 2014 and to consider independently any recommendations contained therein; seconded by Councilman O Neill. The motion passed unanimously (6). B. General Employees Retirement Board, Minutes of Meeting on May 22, 2014 See item 8 A C. Police Employees Retirement Board, Minutes of Meeting on May 22, 2014 See item 8 A D. Business Development Committee, Minutes of Meeting on May 27, 2014 See item 8 A E. Community Redevelopment Agency Board of Commissioners, Minutes of Meeting on May 28, 2014 See item 8 A F. Planning Commission, Minutes of Meeting on June 3, 2014 See item 8 A 1. Recommendation: Preliminary Subdivision Plat, PSP Huntington Estates approval of the preliminary subdivision plat The preliminary plat of Huntington Estates was examined by those on the dais. Councilman Blake moved to accept the recommendation and approve the preliminary subdivision plat of Huntington Estates; seconded by Councilman O Neill. The motion passed without objection (6). 2. Recommendation: Revision to Outside Display Area Regulations to change the square footage of outside display from one percent (1%) to fifteen percent (15%) of the total square footage of the existing structure, and accept the minor changes proposed by Staff. Planning Director Griffin reported that the Planning Commission had received a complaint regarding the amount of outside storage display at Lowes. The proposed increase is consistent with other municipalities. Councilman Blake moved to accept the recommendation and authorize Staff preparation of the required ordinance; seconded by Councilwoman Phillips. The motion passed unanimously (6). G. Council Finance & Budget Committee, Minutes of Meeting on June 11, 2014 See item 8 A H. Code Enforcement Board, Minutes of Meeting on June 12, 2014 See item 8 A I. The Rockledge Environmental Enhancement (T.R.E.E. Board), Minutes of Meeting on June 12, 2014 See item 8 A J. Board of Adjustment, Minutes of Meeting on June 17, 2014 See item 8 A K. Business Development Committee, Minutes of Meeting on June 24, 2014 See item 8 A

6 ROCKLEDGE CITY COUNCIL Page 6 of 11 L. Council Finance & Budget Committee, Minutes of Meeting on June 25, 2014 See item 8 A M. Community Redevelopment Agency Board of Commissioners, Minutes of Meeting on June 25, 2014 See item 8 A N. Council Finance & Budget Committee, Minutes of Meeting on July 2, 2014 See item 8 A 1. Recommendation: Tax Rate that the tentative millage rate for Fiscal Year 2014 be established at $ mills. City Manager McKnight reported that the General Fund Budget was developed using the same millage rate as currently in effect. Councilwoman Phillips moved to approve the recommendation; seconded by Councilman Smith. The motion passed unanimously (6). a) Resolution: Establishing Tentative Millage Rate for Taxable Year 2014 Councilman O Neill offered a Resolution entitled RESOLUTION OF THE ROCKLEDGE CITY COUNCIL ADVISING THE BREVARD COUNTY PROPERTY APPRAISER OF THE ROLLED BACK MILLAGE RATE OF THE CITY OF ROCKLEDGE FOR THE TAXABLE YEAR 2014, THE PROPOSED MILLAGE RATE OF SAID CITY FOR THE TAXABLE YEAR 2014, AND THE TIME AND PLACE OF THE FIRST PUBLIC HEARING ON THE PROPOSED FISCAL YEAR BUDGET FOR SAID CITY and moved to read the resolution in its entirety; seconded by Councilwoman Phillips. The motion passed by unanimous vote (6). City Attorney Miniclier read aloud the entire resolution. Councilwoman Phillips moved for adoption of the resolution; seconded by Councilman O Neill. Voting for the motion: Mayor Price and Councilmembers Smith, Blake, O Neill, Phillips, and Hartselle. The motion carried by unanimous vote (6). 2. Recommendation: Increase in User Fees, Wastewater Treatment an increase in the consumption charge for sewer rate of 5% in each consumption classification, as well as a $1.00 increase in the base charge. City Manager McKnight reported that the proposed increase is needed to provide funding for a number of replacement and renewal projects. It was noted that the City s rate remains the lowest in Brevard County. Councilman Blake moved to accept the recommendation and authorize Staff preparation of the required ordinance; seconded by Councilman Hartselle. The motion passed without objection (6). 3. Recommendation: Increase in Rate, Stormwater Utility

7 ROCKLEDGE CITY COUNCIL Page 7 of 11 an increase of 50 per month in the Stormwater Utility Rate, bringing the rate up to $4.25 per ERU per month. City Manager McKnight reported that the proposed increase would provide funding for projects beneficial to the Indian River Lagoon and St. John s River, repair to infrastructure and the replacement of equipment. Councilman Blake moved to accept the recommendation and authorize Staff preparation of the required ordinance; seconded by Councilwoman Phillips. The motion passed without objection (6). 4. Recommendation: Property Purchase (6.3 Acres South of Breezeswept Subdivision) that the City Manager be authorized to negotiate terms and conditions for the purchase of this property. City Manager McKnight provided an overview of the property, which was appraised at $190,000. The purchase of the property would allow for a small portion to be utilized for a lift station, which would be needed in order to connect Breezeswept to the sewer system. City Manager McKnight requested authorization to order a topographical survey of the property. Councilman O Neill moved to accept the recommendation and to authorize a topographical survey of the property ; seconded by Councilwoman Phillips. The motion passed without objection (6). O. Planning Commission, Minutes of Meeting on July 8, 2014 See item 8 A 1. Recommendation: Site Plan, Health First Expansion approval of the conceptual site plan, providing all staff comments are addressed T he conceptual site plan for the Health First expansion was examined by those on the dais. Planning Director Griffin provided background information regarding additional parking spaces; drainage issues and plans to keep the mature trees that are on the property. Councilman Blake moved to accept the recommendation; seconded by Councilman Hartselle. The motion passed without objection (6). 2. Recommendation: Donation Collection Bins approval of the donation collection bin regulations with clarification of property owner Planning Director Griffin reported that the recommendation is similar to one implemented by the Miami-Dade area. Councilman Blake moved to accept the recommendation and authorize Staff preparation of the required ordinance; seconded by Councilman O Neill. The motion passed without objection (6). P. Appointments & Reappointments

8 ROCKLEDGE CITY COUNCIL Page 8 of Business Development Committee, New Member Appointments Councilwoman Phillips moved to appoint applicants Johnny Boone and Amy Tidd to a two-year term on the Business Development Committee. The motion was seconded by Councilman O Neill and passed without objection (6). 2. Planning Commission, New Member Appointment Two applications (Johnny Boone and Lisa Speed) are on file for one existing vacancy. Councilman Smith moved to appoint Lisa Speed by acclamation; seconded by Councilman Hartselle. The motion passed unanimously (6). 9. UNFINISHED BUSINESS A. Approval: Award of Bid to Atlantic Development of Cocoa, Inc. for Westwood Subdivision Sewer Relocation (Wastewater Treatment Dept.) City Manager McKnight reported that three bids were received for the project, with Atlantic Development the low bid in the amount of $119, Councilman O Neill moved to award the bid to Atlantic Development and authorize the project to proceed; seconded by Councilman Blake. The motion carried with a unanimous vote (6). B. Report: Relocation of Satellite Library from City Hall to Georgia Phillips Reading Room Councilwoman Phillips provided an overview of the July 7 th meeting between herself, staff and Amy Tidd. It was determined that the satellite library remain at the City Hall location due to the consistent hours of operation. Councilwoman Phillips announced that effective August 5 th, the Georgia Phillips Reading Room s hours would change to 11:00 a.m. to 5:00 p.m. on Tuesday through Thursday and 10:00 a.m. to 1:00 p.m. on Saturday. 10. CONSENT BUSINESS Councilwoman Phillips moved for approval of these consent business items: A. Approval: Use of Forfeiture Funds (Police Dept.) B. Approval: Reassignment of Reclaimed Water Supply Contract to Joseph Beyel (The Rockledge Club, LLC) C. Approval: Traffic Signal Maintenance and Compensation Agreement (FDOT) D. Approval: Agreement, School Resource Officers for the 2014/2015 School Year (School Board of Brevard County) E. Approval: Travel Authorization to FAST Fly-in, Washington, D.C., September 9-10, 2014 (Councilman O Neill) F. Approval: Annual Contract Extension for Engineering Services (Jones Edmunds) G. Approval: Annual Purchase of Solid Waste and Recycling Wheeled Containers (Sanitation Division, Public Works Dept.) H. Approval: Agreement, General Legal Representation, City Labor/Employment Matters

9 ROCKLEDGE CITY COUNCIL Page 9 of 11 The motion was seconded by Councilman Blake and passed without objection (6). 11. NEW BUSINESS A. Action Item: Purchase Alert System for Fire Station #3 (Fire Dept.) City Manager McKnight presented the proposal for Fire Station #3 to be outfitted with a new alerting system required by Brevard County. Fire Station #1 will be funded by Brevard County and Fire Station #2 will be deferred until Fiscal Year Councilman Smith moved for approval of the requested purchase; seconded by Councilman Blake. The motion passed unanimously (6). B. Action Item: Reset the Pace 5K Run Event, March 21, 2015 (Wuesthoff Health Systems) City Manager McKnight presented the request from Wuesthoff Health Systems to reestablish the 5K race, which had once been an annual event. This would be the fourth annual race allowed along Rockledge Drive for 2015, the maximum committed to by City Council. Councilman Blake moved to approve the Reset the Pace 5K Run Event, subject to compliance with Special Event regulations, and to authorize temporary blockage of race route roads. The motion was seconded by Councilman Smith and passed unanimously (6). C. Action Item: Community Health, Wellness & Back-to-School Fair, Saturday, August 2, 2014 (Wuesthoff Health Systems) City Manager McKnight provided an overview of the event, which would be held in the City Hall parking lot and would be a similar set up to the Wednesday-Friendsday event. Councilman Blake moved to approve the requested event, including the use of the City Hall parking lot; seconded by Councilwoman Phillips. The motion carried with a unanimous vote (6). D. Action Item: Use of Anderson Stormwater Park for Cross Country Invitational (Rockledge High School) City Manager McKnight reported that this has become a very successful event, which continues to be well attended. Rockledge High School has committed to a contribution to cover the expenses incurred by the City to host the event. Councilman Blake moved to approve the use of Robert A. Anderson Stormwater Park for the RHS Cross Country Invitational on September 27, 2014; seconded by Councilman Smith. The motion passed without objection (6). E. Action Item: Task Order, Breeze Swept Septic to Sewer Conversion Project (Jones Edmunds)

10 ROCKLEDGE CITY COUNCIL Page 10 of 11 City Manager McKnight presented the task order from Jones Edmunds in the amount of $68,300. It was noted that the funding for the project would be covered by grants from DEP and SJWRMD. Councilwoman Phillips moved to approve the Task Order submitted and authorize the project to proceed; seconded by Councilman Hartselle. The motion passed unanimously (6). 12. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS Brenda Pompey, 1047 Pompano Drive, stated she would like to lodge a complaint against the Rockledge Police Department. Accompanying her was her daughter, Ronesha Pompey, of the same address. Following the Pompey s overview of their complaint, Mayor Price requested they speak to Chief of Police LaSata before they left the building to set up an appointment to discuss the matter. Mayor Price directed City Manager McKnight to provide a report on this matter at the next meeting. Thomas Hewitt II, 1009 South Fiske Boulevard, Building B, Suite 101, addressed the Council as a representative of WHRN-The Hood Radio Network and Solid Truth Productions. City Manager McKnight questioned Mr. Hewitt as to the residential address provided, which is not zoned for residential use and therefore illegal. City Manager McKnight directed Mr. Hewitt to speak with Chief LaSata regarding his concerns. 13. REPORTS A. City Manager Reports Community Advocate Wilson has recently formed a fundraising team for St. Baldrick s Foundation, which supports pediatric cancer research. A kickoff dinner is being planned for September 12 th at the Old Municipal Building and Mr. Wilson has requested the City waive the rental usage fee. Councilman Smith moved to waive the facility usage fee for the St. Balrick s event to be held at the Old Municipal Building on September 12, 2014; the motion was duly seconded and passed unanimously. (6) Previously discussed was funding for the Youth Football Lighting Project at the McKnight Family Sports Complex, in reviewing the contract it is in the City s best interest to pay for the project outright. The total amount due is $138, to Musco Sports Lighting. Motion by Councilman Blake to approve full funding of the Youth Football Lighting Project; motion seconded by Councilman Smith. The motion passed unanimously (6). B. City Attorney Litigation Report Councilman Blake moved to be in receipt of the City Attorney Litigation Report dated July 1, 2014; seconded by Councilwoman Phillips. The motion passed unanimously (6). C. Reports from the Dais

11 ROCKLEDGE CITY COUNCIL Page 11 of ADJOURN Councilman O Neill commended staff for the great job at the July 3 rd and July 4 th events. There being no further business to come before the Council, Chairman Price declared the meeting to be adjourned at 7:50 p.m. Council Chairman ATTEST: City Clerk

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