City Council Regular Meeting May 13, 2008

Transcription

1 City Council Regular Meeting May 13, 2008 The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on May 13, Mayor Ron Swank called the meeting to order at 6:30 p.m. Present were 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. Administrative Secretary Rose Baker completed the minutes. Pastor Jim Govatos of the IRC Methodist Church gave the invocation. Mayor Swank led the audience in the Pledge of Allegiance to the Flag. He then read the public speaking procedures for the meeting. Minutes Member Johnson moved to approve the minutes of the regular meeting on April 8, 2008 and special meetings on April 24, 2008 and April 29, 2008 (Executive Session), as submitted. Member Tulley seconded the motion and it carried unanimously. Special Recognitions & Presentations: Letters of Appreciation City Manager Ryan read the names of the following employees that received letters of appreciation: City Clerk s Office Rose Baker Jolynn Donhoff Kathy Mosley City Manager s Office Kathy Daniels Adrian Kilgore Jim Thomas Administrative Secretary Assistant City Clerk Recording Secretary Executive Assistant Audio-Visual Producer Community Advocate

2 Engineering Kris Harvey Mandy Lamothe Woody Rice Engineering Assistant Development Supervisor Building & Engineering Services Director Fire and Emergency Services Alex Barna Firefighter/EMT Daryle Blankenship Battalion Commander Jeff Harris Driver/Operator/Paramedic David Higginbotham Driver/Operator/Paramedic Jeremy House FF/Paramedic Bridget Kozielski FF/Lieutenant/EMT Randy Moore Driver/Operator/Paramedic Frank Neeld Fire Lieutenant/EMT Lucas Senger Firefighter/EMT Police Department William Amos Jan Cary Dale Giesel Mark Hubbell Todd Hutchinson Scott Larsson Michael Lindo Erlina Lively Al Ring David Rodriguez Larry Skidmore Dana Teartt Detective Reserve Officer Reserve Officer Police Officer Lieutenant Detective Police Officer Police Records Clerk Officer Officer Reserve Officer Reserve Officer Boards and Commissions: Student Advisory Council Annual Report Chairman Travis Clinger with other members of the Student Advisory Council thanked Council and presented their annual report. They reported on various activities throughout the year. Vice-Mayor Secor advised that State Farm Insurance granted funds to students involved in producing videos in regards to safe driving. Member Eigenmann moved to authorize the Student Advisory Council to work over the summer on the video addressing the problems of underage drinking and to use City resources, as necessary. Member Tulley seconded the motion and it carried unanimously.

3 Vice-Mayor Secor moved to authorize staff to prepare a letter to Astronaut High School and Titusville High School recommending extra credit to students that participate in the Mock City Council. Member Eigenmann seconded the motion and it carried unanimously. Member Eigenmann moved to accept the Student Advisory Council Annual Report, as presented. Member Johnson seconded the motion and it carried unanimously. Mayor Swank presented Chairman Travis Clinger with a plaque for serving four years on the Student Advisory Council. He also introduced Kathy Mosley as the new City liaison for the Student Advisory Council. North Brevard Library District Board Semi-Annual Report A written report was submitted. Member Johnson moved to approve the North Brevard Library District Board Semi-Annual Report, as written. Member Tulley seconded the motion and it carried unanimously. Board of Adjustments and Appeals Mayor Swank advised that due to Daniel Treder s resignation as an alternate member from the Board of Adjustments and Appeals, there was an opening on the board. Andrew Steele and Thomas Taylor submitted their applications for consideration to serve on the board. Council concurred that both applicants were extremely qualified. The roll call was: Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson Andrew Steele Thomas Taylor Andrew Steele Andrew Steele Thomas Taylor Andrew Steele was appointed as an alternate member to the Boards of Adjustments and Appeals with an unexpired term to expire on July 31, Titusville Environmental Commission Mayor Swank reported that Alex Chamberlain of the Titusville Environmental Commission requested a leave of absence for the period of May 2008 to October 2008.

4 Member Tulley moved to approve a leave of absence for Alex Chamberlain of the Titusville Environmental Commission for the period of May 2008 to October Petitions and Requests from the Public Present: Joan Wheeler, Titusville, expressed concern regarding the North Brevard Parks and Recreations projects. Fred Meyling, not a resident of Titusville but uses the Titusville Marina, commented on the proposed changes in regards to the American Disabilities Act. Member Eigenmann moved to extend Mr. Meyling s time for three minutes. Vice-Mayor Secor seconded the motion and it carried unanimously. Mr. Meyling continued making comments and requested approval of the proposed renovations. John Zeitlin, Titusville, expressed concern regarding the design features of the Marina Dock renovations and how it would not meet the American Disabilities Act. He also made several negative comments regarding City employees as it related to this issue. Member Tulley moved to extend Mr. Zeitlin s time for three minutes. Vice-Mayor Secor seconded the motion. City Attorney Severs expressed concern that the issue involved employees who report to the City Manager and according to the City Charter, the issue should be appropriately addressed to the City Manager. He noted Council was not responsible to govern and regulate City employees. Member Tulley withdrew his motion to extend additional time to Mr. Zeitlin based on the advice of the City Attorney. Vice-Mayor Secor moved to extend Mr. Zeitlin s time for two minutes based on his issues being related to an agenda item. The motion failed due to a lack of a second.

5 Consent Agenda: Mayor Swank noted there were citizens signed up to speak on Consent Agenda Items C, I and J. Member Tulley moved to approve Consent Agenda Items A, B and D through H in accordance with recommendations and to move Consent Agenda Items C, I, and J to new business. Member Eigenmann seconded the motion. Member Tulley read the following items: A. MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION Approve Resolution No which authorizes the Mayor to execute a Maintenance Agreement with the Florida Department of Transportation (FDOT) for the maintenance of sidewalk/bicycle path on the west side of State Road 405 Section between mile and by the City. B. ROYAL PALMS SENIOR APARTMENTS - WATER & SEWER EASEMENTS Accept the Water and Sewer Easements from Royal Palms Senior Apartments LP, associated with the new construction of Royal Palms Senior Apartments. D. MEDICARE ADVANTAGE PLAN FOR MEDICARE ELIGIBLE RETIREES Approve the renewal of the City's Medicare Advantage Plan for Medicare eligible retirees provided by Aetna effective June 1, 2008 at a 10% rate increase. This rate is lower than our Group Medical Insurance rate with Cigna and Cigna's Medicare Advantage Plan proposal while offering equivalent or better benefits. E LODAL ECO-35SR RECYCLE TRUCK Approve the purchase of one (1) 2008 Lodal ECO-35SR recycling truck for the Recycling Division of Solid Waste in the amount of $154,873 to Container Systems & Equipment Co., Inc. of Daytona Beach, FL. F. FORFEITURE FUNDS Authorize use of funds and budget amendments for specialized/academy training at a cost not to exceed $6,000 and the donation of $99,619, which is 15% of the total funds received in the prior fiscal year ($664,129.86), as required by Florida Contraband Forfeiture Act, to the Titusville Police Athletic League (PAL). G. IN-CAR VIDEO EQUIPMENT

6 Approve the purchase of a Power Edge 2900 III Server from Dell in the amount of $10,675.49, and in-car video digital system server accessories and warranties from ICOP Digital, Inc., Lenexa, Kansas at a price of $12, for a total cost of $23, (Account Z08019). H. CHANGE DENSITY OF SINGLE FAMILY ZONING DISTRICTS Approve advisability for staff to move forward with adjusting the densities for the Single Family Zoning Districts. The roll call was: Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson Member Tulley The motion carried unanimously. Council recessed at 8:45 and reconvened at 9:00. Ordinances Second Reading, Public Hearings & Related Action: Ordinance No State Housing Initiative Partnership (SHIP) Local Housing Assistance Program Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REPEALING ORDINANCE AND AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 10 OF THE CODE BY ADDING ARTICLE IV ENTITLED STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM BY ADDING SECTIONS THROUGH 10-75; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR THE INTENT AND ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING PARTNERSHIP; PROVIDING FOR THE ADMINISTRATION AND IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION AND DUTIES OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF AN AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Interim Neighborhood Services Director Terri Franklin outlined Ordinance No and commented on the changes made from the ordinance adopted in 1993.

7 Interim Neighborhood Services Director Terrie Franklin reported that in accordance with Rule , the City must appoint an eleven-member Affordable Housing Advisory Committee (AHAC) by June 30, The purpose of the AHAC would be to perform an initial review of the City s policies and procedures, ordinances, land development regulations, and adopted local government Comprehensive Plan and recommend actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. Member Eigenmann asked staff to clarify the specific requirements for each AHAC member. Mayor Swank read the criteria for the AHAC members. Member Eigenmann asked whether implementing the committee would be an additional burden and cost for staff. Ms. Franklin stated that they would need a board secretary to take minutes, prepare agendas with clerical assistance, and would use current staff for that support. Interim Neighborhood Services Director Terrie Franklin clarified the member requirements and highlighted that they had extended the committee application deadline to May 30, She stated that three applications were submitted and that an option would be to reduce the committee to only nine members versus eleven if more applications are not received prior to the deadline. Mayor Swank opened the public hearing. As no one wished to speak, the public hearing was closed. Member Tulley moved to approve Ordinance No , as presented. Member Eigenmann seconded the motion and the roll call was: Mayor Swank Member Eigenmann Member Johnson Member Tulley Vice-Mayor Secor The motion carried unanimously. Comprehensive Plan Amendment No Authorize Transmittal to the Department of Community Affairs City Manager Ryan outlined the amendment noting the phase of the amendment process. The only action required on this item was to authorize staff to transmit the proposed amendment for review by State, regional and local government agencies for consistency with their respective plans and policies. Mayor Swank opened the public hearing.

8 Bill Row representing BRAPH Architect and Engineers was there to answer questions and felt both proposed projects would be of benefit to the community. As no one else wished to speak, the public hearing was closed. Member Johnson moved to transmit Comprehensive Plan Amendment No to the Department of Community Affairs, as recommended. Member Tulley seconded the motion and the roll call was: Member Eigenmann Member Johnson Member Tulley Vice-Mayor Secor Mayor Swank The motion carried unanimously. Ordinance No Fire Protection Assessment City Attorney Severs read AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF TITUSVILLE CHAPTER 19 BY ADDING A NEW ARTICLE VI, TITLED FIRE PROTECTION ASSESSMENT ADDING SECTIONS THROUGH ; RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF TITUSVILLE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE PROTECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS INCLUDING A DEFINITION FOR THE TERM "FIRE PROTECTION ASSESSMENT"; ESTABLISHING A PROCEDURE FOR IMPOSING FIRE PROTECTION ASSESSMENTS; PROVIDING THAT FIRE PROTECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE PROTECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS AND , FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS; PROVIDING AUTHORIZATION FOR EXEMPTIONS AND HARDSHIP ASSISTANCE; PROVIDING A PROCEDURE FOR THE COLLECTION OF FIRE PROTECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR INCLUSION INTO CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

9 Kristy Karrie, Attorney with Nabors, Giblin & Nickerson outlined the Fire Assessment Program and anticipated Ad Valorem with Fire Assessment applied. City Attorney Severs recommended that Council consider addressing Ordinance No Fire Protection Assessment and Resolution No Initial Assessment Resolution for Fire Protection Assessment Program at the same time. Council concurred. Member Tulley moved to address Resolution No Initial Assessment Resolution for Fire Protection Assessment Program currently under new business with Ordinance No Fire Protection Assessment. Member Eigenmann seconded the motion and it carried unanimously. Administration Division Chief Scott Gaenicke gave a power point presentation on the Fire Assessment Program and highlighted the Proposed Fire Assessment; Proposed Rollback Millage and the Anticipated Increases on the following: (1) Single Family Homesteaded Residential; (2) Multi-Family Residential Apartments; (3) Commercial Buildings; (4) Industrial/ Warehouse Buildings; and (5) Institutional Buildings. Council and staff discussed the capacity unit square footage; examples provided and the millage rates, funding source to provide services to citizens and Emergency Management Services, etc. Mayor Swank opened the public hearing. Joan Wheeler, Titusville, expressed concern regarding the proposed fire protection assessment. She also expressed concern regarding the fee paid to the consulting firm. David Toosha, Titusville, expressed concern regarding the proposed fire protection assessment. He also expressed concern regarding fire fighters salary, retirement, and using city vehicles for personal use. City Manager Ryan informed that the consulting firm fees were $75,000 and the funding source was provided from the sale of the downtown fire station on Broad Street. Fire Chief Chuck Bogle outlined the structure of the Fire Department and how it currently operated. John Zeitlin, Titusville, expressed concern regarding the approach the city was taking regarding the proposed fire protection assessment. James Leibel, Titusville, expressed concern regarding the proposed fire protection assessment. It was now 10:30 p.m. Member Eigenmann moved to extend the meeting until 11:30 p.m. Member Johnson seconded the motion and it carried unanimously. As no one else wished to speak, the public hearing was closed.

10 City Attorney Severs advised that the consultants (GSG) were well recognized by the State of Florida and by experts in the field. He felt the city was getting appropriate consulting and legal advice on this issue. Council continued discussing the fire protection assessment, the economy of Titusville, and the Fire Department as a core value for providing safety to the citizens. Member Tulley moved to approve Ordinance No as recommended and Resolution No to add verbiage to read based on 75% funding rate at a 5-year average. Member Eigenmann seconded the motion and the roll call was: Member Johnson Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann The motion carried unanimously. New Business: Council verified whether the mid-year budget review could be postponed until the next regular City Council meeting. City Manager Ryan confirmed it could be postponed. Member Eigenmann moved to table the FY 2008 Mid-Year Budget Review to the next regular City Council meeting scheduled for May 27, Vice-Mayor Secor seconded the motion and it carried unanimously. The following items were moved from the consent agenda to new business: Consent Agenda Item C - MARINA DOCK IMPROVEMENTS - CHANGE ORDER # 2 Approve Change Order # 2 to John Toft Construction, Inc. of New Smyrna Beach, FL to provide additional funds in the amount of $398, to reconstruct 150 feet on Dock "B" as approved by FEMA as an increase in the current project scope and to replace an additional 24 mooring piles, and to extend the contract time an additional 30 calendar days. John Zeitlin, Titusville, expressed concern regarding a meeting with an employee in regards to the Marina Dock. He felt the city was not in compliance with the American Disabilities Act in regards to the Marina Docks. He stated that he received an from Statewide Disability Coordinator Chip Wilson.

11 Member Johnson moved to extend Mr. Zeitlins time for two minutes. Member Eigenmann seconded the motion and it carried 4 to 1 with Mayor Swank opposed. Mr. Zeitlin expressed concern regarding access to his boat and made a suggestion to install wheelchair lifts and floating docks. Council and staff discussed the American Disabilities Act, access to the boats, and floating docks. Public Works Director Jim Herron reported that staff tried to make contact with Chip Wilson, Statewide Disability Coordinator, but received no response. He advised that the city was not responsible to provide access from the docks to the boat. He commented on the improvements currently being installed and that they were recognized as standard dock systems for the intercostals waterways. Council and staff further discussed the from Chip Wilson and the marina dock improvements. City Attorney Severs read from Assistant City Attorney Broome s memorandum which stated he contacted the Department of Justice ADA Technical Assistance, U.S. Access Board and was advised that there were no regulations currently addressing the access on and off the vessel to the dock. Member Johnson moved to approve the Marina Dock Improvements Change Order #2, as recommended. Member Tulley seconded the motion and it carried unanimously. Consent Agenda Item I - POLICE DEPARTMENT ROOF WIND RETROFIT - VENDOR AWARD Approve budget amendment and award of contract to MGM Contracting Inc., Cocoa, Florida in the amount of $175,450 (FEMA Hazard Mitigation Grant-Project Number R in the amount of $123,505 and City's Match of $51,945 funded with Public Referendum funds account number GC0703), and authorize Mayor to execute contract. Joan Wheeler, Titusville, asked for clarification as to what type of roof would be constructed and whether it would last for many years. City Manager Ryan clarified that the city was able to upgrade the communications operations center within the past year with a cost of $300,000 utilizing the referendum money.

12 Member Tulley moved to extend the meeting to midnight. Vice-Mayor Secor seconded the motion and it carried unanimously. City Manager Ryan continued explaining that after the upgrade expenditure, there was $105,000 remaining and the new roof would utilize $51,000 of that referendum money. Special Projects Coordinator Richard Stillwagon advised that the funds were received from a Hazard Mitigation Grant Program and was funded by a percentage of expenditures for a given event. One example would be hurricanes. Member Tulley moved to approve the Police Department Roof Wind Retrofit Vendor Award, as recommended. Vice-Mayor Secor seconded the motion and it carried unanimously. Consent Agenda Item J - CROSS CONNECTION CONTROL PROGRAM ORDINANCE ADVISABILITY Approve advisability to proceed with an ordinance amending Chapter 21 of the Code of Ordinances by adding Section to incorporate the requirements of the City's Cross- Connection Control Program. Joan Wheeler, Titusville, asked council to clarify the Cross Connection Control Program. Mayor Swank explained that it was a requirement by the State of Florida to provide documentation for the Cross Connection Control program. Water Resources Assistant Director Sean Stauffer clarified that the program protects the city s water supply from contaminants entering from the customer s supply. Member Eigenmann moved to approve the Cross Connection Control Program ordinance advisability as recommended. Member Johnson seconded the motion and it carried unanimously. Petitions and Requests from Public Present none Mayor and Council Reports: Mayor Swank submitted his written report. Member Tulley advised he and Member Eigenmann attended the MPO meeting and participated in a debate regarding the City advocating to the State for a commuter rail system.

13 Member Tulley reported that he would be attending the Naval ROTC graduation ceremony at 6:00 p.m. on Friday, May 16, Member Eigenmann advised he attended the MPO meeting. He also advised that the organization s name was unanimously changed from the Metropolitan Planning Organization to the Spacecoast Transportation Planning Organization. Mayor Swank reported on council s attendance at the Student Awards Ceremony that was held at the Titusville High School Performing Arts Center. Vice-Mayor Secor commented on educating newly appointed board members. Mayor Swank advised that the City Attorney and Assistant City Attorney met with new board members and explained their responsibilities and standards they would need to follow as board members. City Attorney Severs welcomed Council to meet with the legal office to discuss alternative ways to educate new board members. City Manager s Report: City Manager Ryan submitted his written report and addressed the following action items: Request for Special Meetings City Manager Ryan requested approval to schedule a special meeting regarding the adoption of Ordinance No implementing a Fire Assessment Program. Council concurred and authorized a special meeting to be held Thursday, June 12, 2008 at 6:30 p.m. to hold a public hearing on the fire assessment rate structure. He also requested approval to schedule a special meeting on June 19, 2008 at 5:30 p.m. to hold a public hearing on the proposed updated redevelopment plan for the Community Redevelopment Agency. Council concurred and authorized a special meeting. Florida East Coast Passenger Rail City Manager Ryan recommended preparing and adopting a resolution supporting the inclusion of a passenger rail service along with Florida East Coast Railway. Council concurred and authorized the preparation of a resolution. Request to Support the Award of the United States Air Force Tanker Contract City Manager Ryan reported that the City of Melbourne requested Council s support for the United States Air Force s decision as it related to the award of the jet tanker contract to Northrop Grunman Corporation and EADS North America.

14 Member Johnson requested tabling the discussion of preparing a resolution to support the award of the contract. Vice-Mayor Secor seconded the motion and it carried unanimously. The meeting adjourned at midnight. Ronald G. Swank, Mayor ATTEST: Wanda F. Wells, City Clerk