CITY OF COCOA BEACH, FLORIDA CITY COMMISSION MEETING MINUTES April 16, 2009

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1 A. MEETING CALLED TO ORDER Mayor Beeler called the meeting to order at 7:00 PM. Invocation: Offered by Reverend Dr. Fred Fourie, Cocoa Beach Community Church Pledge of Allegiance Roll Call Commission Members Present: Commissioner Ken Griffin Commissioner Skip Williams Commissioner Don John Vice-Mayor Kevin Pruett Mayor Leon Skip Beeler Administrative Members Present: Charles Billias, City Manager Skip Fowler, City Attorney Loredana Kalaghchy, City Clerk A.J. Hutson, Assistant City Manager Britta Moore, Assistant to the City Manager Steve Miller, Building Official Tony Caravella, Development Services Director Bryant Holmes, Police Chief Pete Malzone, Police Support Administrator Joe Tucker, Golf Course Manager Charles Holland, Assistant Finance Director Eileen Clark, Assistant Finance Director Steve Patterson, Police Major B. APPROVAL OF THE AGENDA: Items F3 and G2 were removed from the Consent Agenda to allow for discussion. The Commission unanimously approved the order fo business, as amended. C. CEREMONIAL ACTIVITIES: 1. Police Officer of the Year Award presented to Guy Burnett, Field Training Officer Police Officer of the Year 2008 Police Chief Bryan Holmes, along with Mayor Beeler, presented a plaque to Officer Guy Burnett. D. SPECIAL PRESENTATIONS AND COMMITTEE REPORTS - Speakers are cordially requested to keep special presentations to a maximum of 15 minutes. 1. Overview of contract and service provisions for the City s solid waste collection, George Geletko, Waste Management Government Affairs Director

2 Mr. George Geletko reported on the services offered by Waste Management to the City. He noted that recycling was valued by the firm and that a group of employees had been assigned to manage it. He reported on the number of customers served, and the number of employees the firm employed. He noted that the firm generated power to run some its landfills. Some of its landfills were certified as natural. He reported on some of the programs applied by the firm, including running a hybrid collection equipment using methane gas. He reported that the firm was locally managed, the majority of the employees lived in the area, and had a tenure from over 30 years, with an average of 14 years. He noted that the firm provided for great benefit packages and paid good wages. He stated that the firm had been servicing the City since 1995, which had been previously serviced by Western Waste. He reported on efforts undertaken to clean the City following hurricanes. Following their experience with a national contractor who was hired to help clean the area, their experience showed that it was more beneficial to contract with local contractors for assistance with storm clean up. His firm invests $300,000 yearly to ensure partnerships. He referred to their service rates being lower than other competition. He addresses optional service for the City to consider and that was to use carts for garbage collection. He noted that there were two sizes to the carts. Recyclable material would also be managed with the use of carts. He displayed photos of areas, which used the typical collection process and ones which used the cart process. He explained that the carts were easy to roll. He described the truck that would service the carts and noted that the truck s arm, which picks up the cart, could reach out to four feet. Mr. Geletko referred to Senate Bill 1544 which was currently being considered which would require a 75% reduction in waste. He explained that the Department of Environmental Protection was looking for ways to fund the program and was considering initiating a tax on garbage. He reported on the expanded recyling program that was not available to residents. He also reported on the City of Lake Mary s recycling pilot program where the collection had gone to once a week. Mayor Beeler was of the opinion that with recycling carts, people would participate more in the program. At inquiry by Commissioner Griffin, Mr. Geletko noted that garbage pickup would continue to have a twicea-week schedule. Commissioner Williams addressed debris pickup following the hurricanes, noting that a good job was done with the collection following hurricane Fay this past year. Mr. Geletko noted that his firm picked up the cost of the collection. He also noted that the hospital s property, which was used to store the debris while it was being removed, was restored to its original condition, after all debris had been removed. At inquiry from Vice- Mayor Pruett when carts would be available, Mr. Geletko explained that December was not a good month to start the new collection system. Instituting the new system was best when there was low garbage volume. At inquiry by Commissioner Williams on where carts would be stored on properties, Mr. Geletko noted that people get creative. Mr. Geletko concluded his presentation by noting that the City of Kissimmee had the system in place for the past fourteen years and neighborhoods got creative on how they stored their carts. Commissioner Griffin addressed the monthly rate, and inquired if the City would be bidding out the garbage contract. Mr. Geletko noted that this was left to the City s choice. He noted that he was hoping to move on with the proposed cart program. He addressed the request for proposal process, noting that he did not know of incidences where the price was not increased. E. CITY COMMISSION REPORTS AND ANNOUNCEMENTS: Commissioner Griffin reported that: - he attended the Space Coast League of Cities meeting, where discussion was held in reference to supporting a resolution, to send to the legislature, in support of school funding. The Commission approved Commissioner Griffin serving on the League s Intergovernmental Committee. Vice-Mayor Pruett - announced the May 9th Elks Club golf tournament. He encouraged participation and Page 2 of 11

3 sponsorship. F. CONSENT AGENDA: The Consent Agenda was unanimously approved. 1. Approve the March 19, 2009 Commission meeting minutes March 19, 2009 Minutes 2. Resolution No A Resolution of the City of Cocoa Beach, Florida, supporting proposed State Legislation that supports a comprehensive strategy to curb underage drinking Community Representatives: Tyler Winik & Tony Sasso Community Recommendation: Approve Resolution Resolution Memo 3. Board Appointments - Appoint Joseph Kurak as an alternate member of the Board of Adjustment, for a term to expire on January 31, Reappoint Ray Pfleuger as a member of the Fire Pension Board, for a term to expire on April 1, Reappoint Ted Whiting as a member of the Police Pension Board, for a term to expire on April 1, 2011 Application for Mr. Joseph Kurak 4. Approve the adoption of the Identity Theft Detection and Prevention Program, as required by Federal regulations contained within the Fair and Accurate Credit Transaction Act of The Program would provide for policies and procedures for the detecting, preventing and mitigating of identify theft; there is no anticipated financial impact to the City Staff Representative: Eileen A. Clark, CGFO, Assistant Finance Director Staff Memo - Cocoa Beach Identity Theft Protection and Prevention Program Cocoa Beach Identity Theft Protection and Prevention Program Draft version Red Flag Rules Explained 5. Approve the purchase of a marine patrol boat, in the amount of $37,561, to be expended from the Confiscated Property Fund Staff Representative: Bryan D. Holmes, Chief of Police Staff Memo - Marine Patrol Boat 6. Resolution A Resolution of the City of Cocoa Beach authorizing the Cocoa Beach Police Department to apply for a grant available through the American Recovery and Reinvestment Act of 2009 to expand the department's automated citation program Staff Representative: Bryan D. Holmes, Chief of Police Resolution Page 3 of 11

4 Resolution Memo 7. Resolution No A Resolution of the City of Cocoa Beach, Florida, urging the Florida State Legislature to adequately fund Brevard Public Schools (Added to the agenda on ) Commission Representative: Mayor Leon Skip Beeler Commission Recommendation: Approve Resolution No G. SITE PLAN CONSENT AGENDA: Item G2 was removed from the Site Plan Consent Agenda for discussion. 1. Resolution No A Resolution of the City Commission of the City of Cocoa Beach, Florida, regarding Cocoa Beach Villas, at 1395 South Atlantic Avenue, validating the existence of transient lodging uses, including all customary accessory buildings, in existence on May 4, 2000, for the purpose of deeming the use as having status as special exception use pursuant to land development code section 3-08e(6); designating the property more particularly described herein as having such special exception status; and providing an effective date Staff representative: Anthony Caravella, AICP, Director of Development Services Staff recommendation: Approve Resolution Resolution Memo Resolution No was unanimously approved by consensus. 2. Approve the commercial site plan and tree removal permit for the Cocoa Beach Pier Facilities Improvements, at 401 Meade Avenue, with conditions identified in the briefing memorandum and Planning Board report dated April 8, Staff Representative: Anthony Caravella, AICP, Director of Development Services Commercial Site Plan - Cocoa Beach Pier MOTION BY JOHN/GRIFFIN I MOVE TO APPROVE THE SITE PLAN AND TREE REMOVAL PERMIT FOR THE COCOA BEACH PIER FACILITIES, AT 401 MEADE AVENUE WITH CONDITIONS IDENTIFIED. Commissioner John inquired if there was a time schedule for the Pier to complete the modifications, and what was the process/penalty if completion was late. Mr. Caravella explained that there was no penalty. He noted that the original reason for the phasing plan had to do with the case going before the Code Enforcement Board and a fine running on the property for the construction of the parking lot without a site plan and permits. He explained that the phasing plan was first provided to the Planning Board as a recommendation for a means to stay the fine; the Planning Board did not agree to that. Commissioner John noted that come next year, the Pier might be forced to pay the fine, regardless of their efforts. The Pier can ignore the plan and pay the fine. Commissioner John was of the opinion that the City should not continue the fine, while the Pier is working on the plan. The City Attorney noted that the Code Enforcement could adjust the fine, but once the fine was established, the City Commission could compromise the debt for a lesser amount. Mr. Caravella explained that what was suggested to the Planning Board when they reviewed the plan, was a condition that identified that the approval of the plan would be considered a temporary affidavit of Page 4 of 11

5 compliance that would be forwarded to the Code Enforcement Board for their review and acceptance. Mr. Caravella noted that if the applicant did not meet the time frame, then the fine would be retroactive. Commissioner John noted that making the fine retroactive, would make the project move faster. MOTION BY JOHN/BEELER I MOVE TO AMEND THE MOTION TO ADD A CONDITION THAT THE APPROVAL OF THIS SITE PLAN AND PHASING PLAN IS CONSIDERED TO BE AN ADEQUATE ACTION TO ACHIEVE COMPLIANCE OF CODE ENFORCEMENT BOARD CASE AND THE APPLICANT MAY CONTINUE USE OF THE UNIMPROVED PARKING AND NON- CONFORMING STRUCTURES UNTIL SUCH TIME AS IMPROVEMENTS IDENTIFIED IN TIMELINE ARE MADE. FAILURE TO COMPLY WITH THE PHASING PLAN TIMELINE,WOULD RESULT IN THE CODE ENFORCEMENT FINE TO BEGIN ACCRUING RETROACTIVELY. Mayor Beeler inquired if the applicant needed to appeal the fine separately from the site plan process. The City Attorney explained that once the applicant achieved compliance, they have two avenues to appeal, one to go before the Code Enforcement or they could appeal before the Commission to negotiate the fine. The Commission could not change the fine set by the Code Enforcement Board. Commissioner John explained the implications of the amended motion. Commissioner Williams noted that the amended motion sounded fair to him. He noted that he wished that the Code Enforcement Board be informed of this action. Mr. Caravella explained that this direction would be stated in the temporary affidavit of compliance. Mr. Caravella noted that he would keep track of the compliance requirements. H. ITEMS REMOVED FROM THE CONSENT AGENDA: Item G2 was removed from the consent agenda. It remains in the minutes as reflected on the original agenda. I. UNFINISHED BUSINESS: 1. Award the bid for the Golf Course Greens Re-grassing project, as requested by the City Commission on February 19th, Authorize staff to negotiate a contract, not to exceed $220,000 Staff Representative: Britta Moore, Assistant to the City Manager Golf Course Re-grassing Award MOTION BY WILLIAMS/GRIFFIN I MOVE TO AWARD THE BID. Ms. Britta Moore reported that Staff was presenting the final results and recommendation on awarding the project. She listed the three firms (RK General Contracting, Titan Services, and Country Club Services,) which submitted bids, and which met the original criteria and dollar limit set for the project. The Staff evaluated the firms experience with dealing with the grass that was to be installed, took site visits to make a final determination. She noted that Country Club Services was found to be the superior bidder. She stated that staff was requesting an additional $2,320 to be transferred from the general fund contingency for a total project cost of $220,000. At inquiry from Commissioner John, Ms. Moore noted that the maintenance equipment for this project had been purchased, rather than leased as originally proposed. MOTION BY JOHN/BEELER Page 5 of 11

6 I MOVE TO TRANSFER AN ADDITIONAL $2,320 FROM GENERAL FUND CONTINGENCY FOR THE PROJECT. At inquiry from Commissioner John on responsibility, Ms. Moore noted that it was the City staff s responsibility to ensure that the greens were presentable. At inquiry from Commissioner John on training to maintain the course, the City Manager explained that training would be provided. He noted that the Staff had also received good information when visiting other golf courses. He pointed out that weather would also assist with the re-grassing project. At inquiry from Vice-Mayor Pruett, Ms. Moore noted that the project was expected to take 90 days and it would take six weeks for the grass to grow. At inquiry from Vice-Mayor Pruett, Ms. Moore noted that the golf course superintendent was responsible for the new greens. Mayor Beeler inquired about the greens at Patrick Air Force and the problems they had faced. The City Manager stated that the Staff had received good feedback about the Air Force s greens. J. NEW BUSINESS: 1. Appoint an alternate member to the Space Coast Transportation Planning Organization (formerly known as the MPO); Commissioner Skip Williams currently serves as the regular member Space Coast Transportation Planning Organization Alternate Seat MOTION BY WILLIAMS/BEELER I MOVE TO APPOINT CAPE CANAVERAL MAYOR ROCKY RANDELS TO SERVE AS AN ALTERNATE MEMBER TO THE SPACE COAST TRANSPORTATION PLANNING ORGANIZATION. Commissioner Williams noted that this formal appointment would provide for documentation of the confirmation. 2. Resolution A Resolution of the City of Cocoa Beach approving a Wastewater Facility Plan (2008) relating to the Florida Department of Environmental Protection State Revolving Fund Loan Program; providing for the implementation of various wastewater system improvement projects, including collection, treatment, and reclaimed water distribution systems, and setting forth an effective date Representatives: Darby Blanchard, Water Reclamation Director & Brad Blais, P.E. Quentin L. Hampton and Associates Recommendation: Approve Resolution Resolution Memo MOTION BY GRIFFIN/WILLIAMS I MOVE TO ADOPT RESOLUTION NO The City Attorney read the Resolution by title only. Mr. Brad Blais explained that the document being approved by the City Commission was the same document discussed by the Commission at a work session in 2008, and involved the approval for a wastewater system facility plan. He noted that approval of this plan was Page 6 of 11

7 a prerequisite to getting State revolving funds and stimulus funding. Once the plan was approved, then the City can apply for funding. He explained that the plan included a value for six projects, totalling 15 millions dollars. Mayor Beeler inquired about the process of working with Patrick Air Force that could allow the City to discharge water, and if this would diminish the projects that the City needed to get done. Mr. Blais explained that his firm was in the process of conducting a feasibility study. He noted that in the best case scenario, it could minimize the expenses, however 75% of the projects were needed to upgrade the plant. He explained that the projects could be lessened, if alternative methods for water storage were found. The City Manager noted that Patrick Air Force was willing to work with the City. He noted that the Air Force was pursuing the permitting of an ASR well. It was also pointed out that the Port was also working on an ASR well permit. He stated that the City would have an opportunity to work with the Air Force Base. Commissioner Williams pointed out that all project included in the Plan would need to be brought back before the Commission for approval, prior to implementation. Commissioner John inquired what water was to be placed in the ASR well at the Port. The City Manager noted that it would water from the Port and from Cocoa Beach. Mr. Blais noted that the ASR well was permitted for water recovery. Commissioner John pointed out that recovery of water was a secondary use. The primary use was to get rid of the water. The City Manager noted the need for recovery of water. He explained that once the sewer plan modifications are made, there would be less water coming into the plant, thus impacting reuse water use. 3. Ordinance No First Reading, An Ordinance of the City of Cocoa Beach, Florida; amending Chapter 26 - Traffic, of the City Code, by adding Article III, "Intersection Safety'', providing for recorded image monitoring and enforcement of red light infractions, for related procedures and provisions; providing for severability, inclusion in the code and an effective date Staff Representative: Bryan D. Holmes, Chief of Police Ordinance 1494 Ordinance 1494 Memo The City Attorney read Ordinance No by title only. MOTION BY GRIFFIN/JOHN I MOVE TO APPROVE ORDINANCE NO Police Chief Holmes stated that he was present to request the adoption of enabling legislation. He pointed out that this was not a new subject to the Commission, and this subject had been talked about since 2006, now before the Commission was an Ordinance. He explained that the whole reason for the Ordinance was to provide for intersection safety. The Chief pointed that for pedestrians, there was a need to make intersections as safe as possible. He noted that in the past twelve months, the City issued 143 red light citations. He noted that it takes more time for officers to issue manual citations, than to view video of red light citations. He stated that currently, with a red light citation, the State of Florida receives $219 and the driver receives 3 points on his license. Cocoa Beach receives $11. He noted that if the citation is challenged in court, this is an additional cost to the City. He explained that the Ordinance before the Commission was modelled to the City of Adventura s ordinance. He reported that the City was in the process of negotiating with a vendor who would assist with the red light violations. He pointed out that the proposed Ordinance set the fine to $150 for the first offence, and $300 and $500 for additional offenses. He noted that the Page 7 of 11

8 contract being considered was a contingency contract that would provide for a turn key operation. The firm would provide for training. He explained that an officer would need to sit and view each one of the videotaped red light violations. The Special Magistrate, if a fine is challenged, would also be able to view the recording of the violation. He explained that when the citation is sent to the violator, it is accompanied by two photographs. The violator would also be able to view the recording on the Internet. He pointed out that a few people challenge such fines. He explained that the City and the vendor had not yet selected the locations where the cameras would be installed, it could be anywhere on SRA1A. He noted that the FDOT was reluctant to erect equipment on their right of ways or equipment. The technology that would be applied was high resolution cameras, set up on poles with extended ranges, located on private or City property. He noted that the City of Adventura was pleased with the vendor that the City was currently negotiating with. Vice-Mayor Pruett inquired on the existing cameras found on the light poles. Chief Holmes explained that the FDOT uses them to look at traffic; this allows them to also change the timing of lights. He noted that the cameras that would be installed with this program, would be used for photo enforcement. He noted that the video of those cameras would run full time. He explained that the vendor of the system would provide the equipment and maintain it. The City was in the process of negotiating terms of payment. The City Attorney reported on the payment terms being negotiated. It was noted that no part of the fine would be sent to the State. At inquiry by Vice-Mayor Pruett on what would preclude using the cameras for speeding violations, Chief Holmes explained that these were separate systems and the City was not currently pursuing video taping speeding vehicles. Vice-Mayor Pruett expressed concern that the reviewing of the videos would take more time than issuing the red light citations by the police Department. Chief Holmes explained that the videos are short. He was of the opinion that camera enforcement for red lights was more time efficient. Commissioner John was of the opinion that something needed to be done for intersection safety. He noted that the City was not adopting the program as a revenue source. He suggested using the cameras at SR520. In his opinion, a secondary benefit to installing the cameras was that it would make it much easier to decide who was at fault, if an accident occurred. Commissioner Williams inquired if in towns that have these cameras installed, if they had experienced a reduction in red light infractions. Chief Holmes noted that the City of Melbourne had noticed a reduction. Chief Holmes explained that the mind set in drivers will occur with time, where drivers will believe that every light in the City has cameras. In his opinion, drivers will then slow down. At inquiry from Commissioner Williams, Chief Holmes noted that the contract had a provision where the vendor would be allowed to pull out of the City. Commissioner Williams noted concern on how captured images could be used. He suggested the need to determine what legally was allowed. The City Attorney noted that he would review and incorporate a provision in the contract. Mayor Beeler pointed out that other cities have webcams of traffic, videos were accessible to the public. The City Attorney noted that the expectation of privacy is what courts usually protect. The cameras were installed in streets open to the public. Mayor Beeler noted the importance of signage notifying drivers of the camera enforcement. It was noted that the vehicle owner, rather than the person who is driving, is who gets the fine. No points are assigned against a license, if a ticket is issued. Mayor Beeler pointed out that he was aware of new legislation that would regulate red light infractions by photo enforcement. The City Attorney noted that there was legislation pending, and was of the opinion that this would be adopted. The legislation would set the fine limits, while also requiring that part of the fine be sent to the State. The legislation may also include grandfather clauses where programs already in place would not be affected. Commissioner Griffin noted that he was in favor of this program, since it was an answer to the problem. In his opinion, cameras could be installed on Minutemen Causeway, on Banana Page 8 of 11

9 River Drive, and on SR 520. At inquiry on where the cameras would be installed, Chief Holmes noted that they could be installed on private or City property. At inquiry by Commission John about bidding out this service, the City Attorney explained that the City looked at two different companies. The company the City was dealing with now, was the better of the two. He explained that the agreement between the City and the service provider was close to acceptable. He noted that the City would be sole sourcing the service, since it was the best deal. The City Attorney noted that he would look into the City s sole sourcing requirements and offer the Commission his recommendations. Commissioner John also noted concern about the firm taking the photos and using the photos as they wished. The City Attorney noted that he would provide for a clause in the contract. Vice-Mayor Pruett noted that he was taking issue with this program. He noted that there was a culture of lack of inidividual responsibility. He noted concern that the ticket would be issued to the person who owned the car, versus the person driving it. He addressed car rentals. Chief Holmes noted that an affidavit would be provided for non responsibility where the driver of the car could be listed. The driver could then be issued a ticket. He noted that rental agencies enforce traffic tickets. At inquiry from Vice-Mayor Pruett, the City Attorney explained that there was a 30-day trial period before tickets are issued. He noted that contract such as for this service typically had a starting term of three years to allow for the amortization of equipment. VOICE VOTE ON THE MOTION CARRIED 4:1; VICE-MAYOR KEVIN PRUETT VOTED NAY. 4. Ordinance No First Reading, An Ordinance of the City of Cocoa Beach, Florida, amending the Code of Ordinances, Chapter 15, "Offenses" - By adopting a new section 15-24, "Public urination/defecation prohibited; exceptions," prohibiting public urination or defecation; providing for definitions, exceptions and penalties; - Providing for interpretation, severability, conflicts, and an effective date Staff Representative: A.J. Hutson, Assistant City Manager Ordinance 1493 Ordinance 1493 Memo The City Attorney read Ordinance No by title only. MOTION BY WILLIAMS/JOHN I MOVE TO APPROVE ORDINANCE NO Assistant City Manager Hutson explained that this was an issue occurring in the downtown area. He noted that the Staff was surprised to find that there was no state law which prohibits these behaviours. In researching he found a few local ordinances; this Ordinance was modelled after the City of Bradenton. He explained that the Ordinance provided for making the behaviour unlawful. He reported on the fine. He explained that children under 11 years old, and people with disabilities were exempt from the law. He pointed out that use of alcohol was not considered an impairment for the purpose of the Ordinance. Vice-Mayor Pruett inquired who determined the fine. In his opinion, it seemed a bit light. He inquired on how fines that are not paid would be handled. Mr. Hutson explained that they would be collected using collection agencies. As to Vice-Mayor Pruett s inquiry on homeless being fined, Mr. Hutson noted that the violators were not homeless individuals; the homeless generally use restrooms found at beach parks. Mayor Beeler narrated an incident he and his family witnessed. He noted that he could not Page 9 of 11

10 believe that there was no law to enforce the behaviour of urinating in public. In his opinion this was not an acceptable behaviour. He noted that he would support increasing the fine. Commissioner Williams noted that the Ordinance did not address the collection of a fine. Mr. Hutson confirmed that an unpaid fine would be sent to collection. Vice-Mayor Pruett noted that the area in the downtown was where the problem occurred. He noted that if there was a rule, there needed to be a strategy to enforce it. He suggested increasing the fine. MOTION BY PRUETT/BEELER I MOVE TO AMEND THE VIOLATION FINE TO $250 FOR FIRST OFFENCE AND $500 FOR SECOND OFFENCE. Mayor Beeler pointed out that a fine would be a tool to enforce the code. Commissioner Griffin was of the opinion that the fine imposed with the original ordinance was proper. VOICE VOTE ON THE MOTION FAILED 2:3; Commissioner Ken Griffin, Commissioner Skip Williams, and Commissioner Don John VOTED NAY; Vice-Mayor Kevin Pruett, and Mayor Leon Skip Beeler VOTED AYE. K. STAFF REPORTS AND ANNOUNCEMENTS: The City Manager reported on the following: - one hundred oak trees had been donated and planting was recommended on the Maritime Hammock Park, next to Dennis Restaurant, upon the removal of some of the Australian pines. Mr. Ray Dickinson explained that the Land Management Committee was recommending that the trees be planted on the east corner of the property. The Committee had voted to recommend to the Commission that this was a good trade off to the removal of the pines. He explained that the ultimate goal was to have native trees on the site. It was noted that citizens in the area were not aware of the proposal, and that notices would be sent out. Vice- Mayor Pruett confirmed the need to notify residents and suggested that this item be placed on the May 5th agenda. At inquiry from Commissioner John, it was noted that the trees were in 7 gallon containers and 5-7 feet in height. Commissioner Griffin noted that he was opposed to taking down the Australian pines. Commissioner Williams pointed out that no other plants grows under Australian pines. At his inquiry, Mr. Dickinson noted that the pines root balls would be removed. The Commission consented to the planting of the trees without placement of this approval on the May 5th agenda. The City Manager reported on the following: - the County and the City of Cape Canaveral have informed the city that there were no funds to contribute to the purchasing of directional signs. He noted that the City of Cocoa Beach could not afford to singly purchase the signs. - the County has informed the City that they did not have funds to contribute towards the purchase of medications for the City s Fire Department emergency services. He noted that there was also discussion, at the County level, that they might eliminate lifeguard services. The City Manager asked the County to continue to supply the medication and bill emergency service patients; the County has refused. Mayor Beeler suggested the need to add the cost for medications to the City s budget, noting that this was a public safety issue. He asked that the City look into the ability to bill patients. - Commissioner John noted that if the City was to rebid the Ocean Beach Boulevard project, because of stimulus funding requirements, that the City obtain as many bids as possible. - confirmed that the contractor selected to do the golf course re-grassing project was not the lowest bidder. Page 10 of 11

11 L. PUBLIC COMMENTS Mr. Bill Myers noted that he witnessed drivers not stopping for red lights. He noted that he was in favor of the cart system proposed by Waste Management. He requested addition time to address the Commission. He inquired about the project of dredging the Kent Drive/Brightwater Drive canal, asking questions such as the cost, the liability, cost savings of dredging in house versus contracting out the project and the ability of the City s equipment to handle the dredging. He inquired on what the advantages were to the City in performing the dredging of this canal. Mayor Beeler asked that this item be brought back as an agenda item. Mr. Tim Dolan, Vice-President of Waste Pro, noted that his firm was interested in doing business with the City. He reported on the services provided and equipment his firm owned. He asked that the City put out for bid the garbage service. M. CITY ATTORNEY REPORTS AND ANNOUNCEMENTS: No reports were provided. N. ADJOURNMENT The meeting was adjourned at 9:40 PM. The minutes to this meeting will be approved by the Commission on April 30, Loredana Kalaghchy, City Clerk Leon "Skip" Beeler, Commissioner - Mayor Page 11 of 11

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