CITY OF COCOA BEACH, FLORIDA CITY COMMISSION MEETING MINUTES August 21, 2008

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1 A. MEETING CALLED TO ORDER - Invocation: Offered by Reverend Ken Babington, First Baptist Church of Cocoa Beach Due to the absence of Reverend Babington, Our Saviour s Church Father Sean Heslin offered the invocation. - Pledge of Allegiance - Roll Call Commission Members Present: Commissioner Don John Commissioner Kevin Pruett Commissioner Skip Williams Vice-Mayor Kenneth Griffin Mayor Leon "Skip" Beeler Administrative Members Present: Charles Billias, City Manager Loredana Kalaghchy, City Clerk A.J. Hutson, Assistant City Manager Jeff Thiel, Information Technology Director Tony Caravella, Development Services Director Robert Torres, Public Works Director B. APPROVAL OF THE AGENDA: The Commission, due to recent impacts from Tropical Storm Fay, removed items C1, D1, J1, J2 and M from the agenda. The sequence of items, as reflected on the amended agenda, was unanimously approved. C. CEREMONIAL ACTIVITIES 1. Removed off the Agenda - Proclamation declaring as "Surfside Player's 50th Anniversary Season" Presented to John Lineberger, Surfside Players Board Surfside Proclamation Item C1 - was not considered. D. SPECIAL PRESENTATIONS AND COMMITTEE REPORTS - Speakers are cordially requested to keep special presentations to a maximum of 15 minutes. 1. Removed off the Agenda - Briefing regarding the improvements to the Fire Department s Insurance Service Organization (ISO) rating from a class "4" to a class "2" highlighting the changes made to improve our rating. Scott Shear, Fire Chief Item D1 - was not considered.

2 E. CITY COMMISSION REPORTS AND ANNOUCEMENTS Mayor Beeler - thanked the City Staff for their dealings with Storm Fay. He noted that the City fared well, comparing to other cities. Commissioner Williams - concurred with comments made by Mayor Beeler - noted that he was happy to see the turnout at the Cocoa Beach High School fundraiser - stated that he received comments on the proposed change to the pool hours, including the suggestion of adjusting the pool s hours to accommodate working people. Vice-Mayor Griffin - reported on the storm that occurred in 1993, known as the storm of the century, and the efforts that were undertaken to request the Corps of Engineers to open the locks to allow for water flow. At that time, there was agreement that there needed to be another water outlet from the river to the ocean. He noted that Storm Fay was also being considered the storm of the century. In his opinion, such storms will continue to reoccur. Water flows needed studied. Commissioner Pruett - thanked the volunteers who assisted in the fundraiser for the High School - Cocoa Beach Casino Night. F. CONSENT AGENDA 1. Approval of August 7, 2008 City Commission meeting minutes August 7, 2008 Minutes The Consent Agenda was unanimously approved. G. SITE PLAN CONSENT AGENDA: 1. Approve Case No , Belle Plage site plan, with conditions identified in the memorandum and Planning Board Report dated August 11, 2008 Belle Plage Site Plan 2. Approve Case No , site development plan and City capital project for Fischer Park restroom facility, with conditions identified in the memorandum and Planning Board Report dated August 11, 2008 Fisher Park Site Plan 3. Approve and authorize final design on public improvement project for a Golf Course Maintenance Building - Case No , with conditions identified in the memorandum and Planning Board Report dated August 12, 2008 Golf Couse Maintenance Building Plan Page 2 of 8

3 4. Resolution No A Resolution of the City Commission of the City of Cocoa Beach, Florida, approving a common master signage plan for property known as the Dinosaur Store commercial retail facility, located at 250 West Cocoa Beach Causeway, setting conditions related to that plan; providing for incorporation of findings and recitals; and providing an effective date Resolution No Resolution No Memo Upon reading of the Site Plan Consent Agenda, the Commission unanimously approved it. H. ITEMS REMOVED FROM THE CONSENT AGENDA: There were no items removed from the Consent Agenda. I. UNFINISHED BUSINESS 1. Ordinance No Introduction and First Reading - An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the official zoning map of the City of Cocoa Beach Florida by changing the zoning map designation on a acre +/- parcel of land located at 5301 North Atlantic Avenue and known as the Church of Our Saviors, and described as a portion of lots 1, 2, 3, of the Banana River Estates subdivision, and lots 1 through 8, block 29 of the Cocoa Ocean Beach subdivision, from RS-1, single-family residential district to RM-1, multifamily residential zoning district; directing the zoning change be entered on the official zoning map; providing for incorporation of recitals; providing for severability; providing for the repeal of ordinances and resolutions inconsistent herewith; and providing for an effective date Ordinance No Ordinance No Memo I MOVE TO ADOPT ORDINANCE NO ON FIRST PUBLIC HEARING AND SET FOR SECOND PUBLIC HEARING ON SEPTEMBER 4, VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 2. Ordinance No Second Reading and Adoption - An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Charter of the City of Cocoa Beach, by amending Article II, "city commission" Section 2.03., "elections, how decided", by removing the option to hold special elections within ninety (90) days, and by amending Section 2.06, "filling of vacancies", by removing the option to hold special elections within ninety (90) days; providing for a Referendum on the question of approval of the proposed revisions; providing for filing the revised Charter with the Florida Department of State; providing for coordination with the Supervisor of Elections of Brevard County, Florida; providing for conflicts, severability and an effective date Ordinance NO I MOVE TO ADOPT ORDINANCE NO Page 3 of 8

4 Commissioner Williams noted that a Special Election would allow for five elected Commissioners to be in place, when a crucial vote was needed. Mayor Beeler noted that he also would oppose this Ordinance. VOICE VOTE ON THE MOTION CARRIED 3:2; COMMISSIONER SKIP WILLIAMS, AND MAYOR LEON "SKIP" BEELER VOTED NAY. 3. Ordinance No Second Reading and Adoption - An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Charter of the City of Cocoa Beach, by amending Article III, "city manager", by amending Section 3.02., "acting city manager", by allowing the City Commission to appoint a qualified person as acting city manager if the position remains vacant for more than thirty (30) days, providing for a Referendum on the question of approval of the proposed revision; providing for filing the revised Charter with the Florida Department of State; providing for coordination with the Supervisor of Elections of Brevard County, Florida; providing for conflicts, severability and an effective date Ordinance No I MOVE TO ADOPT ORDINANCE NO VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 4. Ordinance No Second Reading and Adoption - An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Charter of the City of Cocoa Beach, by amending existing Article I, "governance", Section 1.06, "departments of the city", to remove references to specific examples of departments and to allow the City Commission to establish, subdivide, consolidate, rename or abolish departments by a majority vote; providing for a Referendum on the question of approval of the proposed revisions; providing for filing the revised charter with the Florida Department of State; providing for coordination with the Supervisor of Elections of Brevard County, Florida; providing for conflicts, severability and an effective date Ordinance No I MOVE TO ADOPT ORDINANCE NO VOICE VOTE ON THE MOTION CARRIED 4:1; COMMISSIONER SKIP WILLIAMS VOTED NAY. 5. Ordinance No Second Reading and Adoption - An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Charter of the City of Cocoa Beach, by amending Article VII, "initiative and referendum" Section 7.01, "general authority", by removing the special election option for Referendums, and requiring ninety (90) day notice to the Supervisor of Elections prior to placing a Referendum on an election ballot; amending Section 7.05, "action on petitions" by removing the special election option for referendum petitions, by requiring ninety (90) day notice to the Supervisor of Elections prior to placing an item on an election ballot, and by removing the one hundred twenty (120) day limit by which the matter must be submitted to voters; amending existing Article IX, "general provisions" Section 9.01, "Charter amendments", 9.01(b), "initiation by petition", by removing the option of special elections, by adding a reference to Section 7.05, and by removing the one hundred Page 4 of 8

5 twenty (120) day limit by which the matter must be submitted to voters; providing for a Referendum on the question of approval of the proposed revision; providing for filing the revised Charter with the Florida Department of State; providing for coordination with the Supervisor of Elections of Brevard County, Florida; providing for conflicts, severability and an effective date Ordinance No I MOVE TO ADOPT ORDINANCE NO Commissioner Williams noted that he would not support placing this item on the ballot. He noted that residents should have the right to petition the City and, in his opinion, the cost of a special election was not excessive. He noted that the City Attorney had previously stated that the City could place moratoriums on codes that would be affected by proposed referendums. Commissioner Pruett was of the opinion that the City Attorney had offered to incorporate moratorium language in the ballot question. He stated that, since the language had not been amended, he was in favor of placing this item on the ballot. Mayor Beeler noted that he was opposed to placing this question on the ballot, for the same reasons noted by Commissioner Williams. Ms. Janice Scott noted that she was hoping that the Commission would not place this item on the ballot. She pointed out that the City, in its history, did not have many petition-generated referendums. The petitions were submitted in state of emergency, and when the Commission did not wish to place the issue on the ballot. She noted that the City should not tie their hands with this ballot issue, it did not know what the future could bring. She urged the Commission not to place the item on the ballot. She pointed out that the U.S. Constitution stated that no obstacles should be placed in front of citizen-initiated petitions. Ms. Angela Richardson concurred with comments made by Ms. Scott. Mr. Bill Myers was of the opinion that this issue would take away something from the residents. He noted that the voters had already voiced their vote on this issue. He pointed out that initiative petitions do not occur often. In his opinion, the cost of the special election was not excessive, as compared to other City expenses. Commissioner John pointed out that the Commission was not making amendments to the Charter. Placing the question on the ballot would allow the voters to decide, if they wished to adopt this Charter amendment. VOICE VOTE ON THE MOTION CARRIED 3:2; COMMISSIONER SKIP WILLIAMS, AND MAYOR LEON "SKIP" BEELER VOTED NAY. 6. Ordinance No Second Reading and Adoption - An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Charter of the City of Cocoa Beach, by making certain technical, corrective and conforming changes which are non-substantive in nature, by renumbering the articles and sections, by renaming certain sections, and by clarifying existing policies; amending the preamble, Article I "governance", Article II "city commission", Article III "city manager", Article IV "administrative and legal staff:", Article VI "planning and zoning", Article VIII "nominations and elections", Article VII, "initiative and Referendum", Article VIII "recall", Article IX "general provisions", and Article X "transition schedule", providing for a Referendum on the question of approval of the proposed revisions; providing for filing the revised Charter with the Florida Department of State; providing for coordination with the Page 5 of 8

6 Supervisor of Elections of Brevard County, Florida; providing for conflicts, severability and an effective date Ordinance No MOTION BY JOHN/ I MOVE TO ADOPT ORDINANCE NO VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. J. NEW BUSINESS: 1. Removed off the Agenda - Approve banner and support system, celebrating the Space Coast Art Festival, to be installed over SRA1A Commission Representative: Commissioner Pruett Commission Recommendation: Request approval to direct the City Manager to begin obtaining poles and constructing bases to support pole system with a completion date on or before 31 October 2008 Banner Request Item J1 was not considered. 2. Removed off the Agenda - Discuss plans to organize (and re-start) the annual 4th of July Cocoa Beach fireworks show Commission Representative: Commissioner Pruett Commission Recommendation: Request to move with the general plans for a 4th of July fireworks show, which include a level of funding and/or sponsorship from the City Fireworks Request Item J2 was not considered. K. STAFF REPORTS AND ANNOUCEMENTS The City Manager reported on: - the effects of storm Fay. He noted that there were issues with stormwater, some of the drains were having problems maintaining the flows. He noted that the only serious flooding problems the City incurred was on Fairways Drive and the Golf Course. He noted that in the City, some houses and a church got flooded. He noted that the City also incurred issues at the sewer plant; the plant is a six million gallons plant and there were fourteen million gallons coming into it. He reported that the City was fortunate; prior to the storm, the City had one plant down to fix a clarifier. The Staff worked overtime to get it working, prior to the storm. He reported that the City also incurred issues with the collection system. He reported that on August 21, the Staff also assisted with a pontoon boat that was taking on water; the City s crew helped get the boat stabilized. He reported that, overall, the City did well comparing to other Cities in the County. At inquiry from Mayor Beeler, the City Manager noted that the Staff would be looking at a solution to the Fairways Drive flooding. He pointed out that permits would need to be obtained. He reported on the five foot erosion that had occurred at the golf course. Coquina rock had been added to stabilize the shore. He expressed satisfaction with the City Staff dealings with the storm. He reported on the City s generators issue; generators had been affected due to water intrusions; he noted that modifications would be made to the protect them. He reported that the new metal roof at the Country Club held well and that there were Page 6 of 8

7 no leaks. He noted that damage costs will be submitted to FEMA for reimbursement. Mayor Beeler concurred that the City fared well, comparing to other cities. Vice-Mayor Griffin pointed out that the area, next to the Post Office, was kept flood free. The City Manager noted that the stormwater crew worked during the storm. He pointed out that Brevard Avenue, used to flood, and due to modifications made by the City, it no longer flooded. He explained that during the storm, stormwater was coming through the manholes into the sanitary sewer system at 12,000 gallons per minute. Commissioner Williams inquired if there were documented water intrusions into homes at Fairways Drive. The City Manager noted that offered his phone number to the residents, and he did not receive calls on water intrusions. He pointed out that the Holiday Inn offered a discounted rate for residents who had flooded homes. The City Manager asked the residents, who had water intrusions in their homes, to report it to the City, this would allow for full reporting to FEMA. Commissioner Williams asked the City to advertise the FEMA support contact information. The City Manager reported that the City s golf course would be closed for a week. He reported that during the storm, stormdrains were getting clogged up with debris. He noted that the FDOT was aware of the S.R520 flooding. He stated that the City also got in touch with the Corps of Engineers, to ask them to look at opening the locks. He concluded by noting that each storm was a learning experience, and with each storm more planning is done. L. PUBLIC COMMENTS Ms. Janice Scott noted that, due to the storm, her dock was under water. She stated that the opening of the locks might help. She suggested that information be distributed, asking residents to not place yard waste over the stormdrains. She referred to Ordinance 1482, stating that initiative petitions were the one way for citizens to petition their government. She referred to reserved power, noting that the residents, when they elect their government, they do not give it the full power. The residents reserve some of the power to petition government. She asked the Commission to reconsider their vote on Ordinance No and not place it on the ballot. Mr. Bill Myers offered two recommendations for the hurricane season: adopt an ordinance to prohibit trees close to electrical wires. He noted that Florida Power and Light should also be required to keep the trees away from wires. He also suggested that the City purchase warning horns. The horns could notify residents for things such as tornadoes, bad weather and spills. The City Manager noted that the City contacted the County s Emergency Operation Center (EOC) and asked that the Corps of Engineers consider opening the locks. Commissioner Williams pointed out that a few years prior, a similar request had been made, and the Corps did open the locks. Commissioner Pruett suggested contacting firms, which apply reverse 911 and other notifications systems. The City Manager noted that horns cost $30,000 each. He noted that the EOC was working on a County-wide reverse 911 system. He suggested that after the hurricane season, Mr. Bob Lay with the Brevard County s EOC, could be invited to speak to the Commission. Mayor Beeler reported that Florida Governor Crist had called him during the storm to express his concerns, and offered his assistance. M. CITY ATTORNEY REPORTS AND ANNOUCEMENTS: This item was removed from the agenda. N. ADJOURNMENT Page 7 of 8

8 The meeting was adjourned at 7:45 PM. These minutes will be approved at the September 4, 2008, meeting. Loredana Kalaghchy, City Clerk Leon "Skip" Beeler, Commissioner Mayor Page 8 of 8