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HomeMy WebLinkAboutIT Services approved via Minutes 03-02-2010CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY March 2, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts AW Council Member Betty Walsh Others Present: Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Treasurer Andrea Bowers City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Sheriff's Department Commander Alan Moros REPORTS: Community Development Department • Building Official Todd Morley updated the Council on the Code Enforcement issue involving signs in the right -of -way at the corner of Astronaut Boulevard and Commerce Street. Brevard County Sheriff's Office, Canaveral Precinct, City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 2 of 9 Commander Alan Moros confirmed the Sheriffs Department was there as they were requested to be. Discussion ensued and included how the issue took all day be resolved; how those involved were trying to stave off a negative reaction with the media; how traffic backed up into the post office and safety issues; the anticipation of similar incidents in the future; the decision to consult with the City Attorney; and the plan to include this type of incident in the Community Development Department Standard Operating Procedures or Code Enforcement. Public Works Department • Public Works Director Walter Bandish reported on the Ridgewood Avenue Improvement Project and parking tickets issued to those parked in the right of way. Discussion ensued and included the possibility of legalizing parking in other areas, people visiting residents located in the construction zone, how those that have garages need to be using them for parking. Council reached consensus for those individuals impacted to make other parking arrangements. • Mr. Bandish reported the Sand By -Pass Project has begun. • Mr. Bandish confirmed the survey on the north portion of Ridgewood Avenue will be on the agenda for the next City Council Meeting. Recreation Department • Parks and Recreation Director Robert Lefever reported the Friday Fest event is filled to capacity with all vendor spots taken; ads have been running in all newspapers and on the radio for last two weeks. Mr. Lefever expressed thanks to Mr. Morley, Cape Canaveral Volunteer Fire Chief Dave Sargeant and Commander Moros for their assistance. • Mr. Lefever announced Saturday, March 6, 2010 is Opening Day for Little League and confirmed the fields will be ready to go. Colin Baenziger and Associates • Mr. Baenziger gave a quick report on his company's progress with the city manager search. He stated the search closed Friday, February 26, 2010 with 108 applicants and the next step for him is to get the list down from 20 to12 applicants. Discussion ensued and included the process going forward and the possibility of having Mr. Baenziger's company draft the contract between the incoming city manager and the City. Council reached consensus for Colin Baenziger and Associates to facilitate the contract for the new city manager. Mr. Baenziger added he will e-mail a contract for Council review and advised these are typically open -ended contracts. Business and Cultural Development Board • Chairperson Joanne Muncey reminded the next scheduled meeting for the Board is Wednesday, March 10, 2010 from 4:00 — 6:00 p.m. and a recommendation to host " Wednedday - Friendsday" will be on the agenda from the Cocoa Beach Area Chamber of Commerce. The Board will also be looking for a status update City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 3 of 9 of the CRA Communit Redevelopment Agency) and there will be a debriefing on how the recent art shows, Annual Student and the Central Brevard Art Show, went. • Ms. Muncey reported the 4 th Annual Images in Art Show at Manatee Park, scheduled March 27 — 28, 2010 is being chaired by a professional group and the Board agreed with their decision to designate the event an "Arts and Crafts" show rather than a fine arts show. • Ms. Muncey requested information regarding benefactor aid the City is required to provide for the upcoming Art of Sand Festival so she can present that to the Board next week. Discussion ensued and included the Council's previous request for the Business and Cultural Development Board to find alternative financial avenues to provide benefactor aid and the Board's understanding of that. AUDIENCE TO BE HEARD: • Ms. Annie Tannenbaum, a resident of Solana Lakes, expressed concerned about the maintenance of the lake which Cape Caribe uses. Mayor Randels responded this is one of the agenda items to be discussed tonight. CONSENT AGENDA: law 1. Approve City Council Regular Meeting Minutes of January 19, 2010 and February 2, 2010. 2. Approve and Issue a Proclamation designating National Public Works Week to be celebrated May 16 -22, 2010. 3. Approve Resolution No. 2010 -03; Appointing a Second Alternate Member to a First Alternate Member to the Recreation Board (D. Raymond). 4. Approve Outdoor Entertainment Permit for the City's Spring Festival & Vendor Expo March 13, 2010 and waive fees. 5. Approve Outdoor Entertainment Permit for the City's Movie in the Park March 19, 2010 and waive fees. 6. Approve Outdoor Entertainment Permit and Waive Fees for the Manatee Sanctuary Arts Festival March 27 and 28, 2010; T -N -T Events, Inc., Applicant. 7. Approve Outdoor Entertainment Permit, Special Alcohol Exemption Permit, Waiving of any and all Permit Fees and Rental of Tent for the City Hosted Space Coast League of Cities Monthly Dinner Meeting at Manatee Sanctuary Park, Monday, April 12, 2010. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 4 of 9 City Attorney Anthony Garganese requested removal of Item No. 6 from the Consent Agenda for discussion. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda Item numbers 1, 2, 3, 4, 5 and 7. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Attorney Garganese stated Item No. 6 of the Consent Agenda needed clarification before Council approval and pointed out the appearance of a conflict between the application for Special Outdoor Entertainment Permit and the special events agreement included in the Agenda Packet for the applicant. Discussion ensued and included the need for more explanation; verification from the Acting City Manager Angela Apperson there are no fire or police fees for this event as this is a City event; clean -up after the event; how the City's sign code has changed since last year's event and off - premise signs; the need to readdress the way this particular special event happens and the new special events ordinance. Mr. Morley and Ms. Apperson requested Council direction on how to handle off - premise signs related to all City sponsored events. Council came to consensus to fully support the use of off - premise signs for all City sponsored events. More discussion ensued and included how Council could decide the City should be reimbursed for staff time for the City's portion of the event; the original intent of this event to help seed cultural events in the City; approving the event for now. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve Consent Agenda Item No. 6. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION: 8. Review and Approve IT Services. Ms. Apperson introduced Mr. Sam Thorpe, Microsoft Certified Professional and Mr. Larry Hall, Nebutel, Inc., and supplied a brief explanation of the item request. Discussion ensued and included the expenditures of the past. Mr. Thorpe identified a few key points: the server at City Hall is old, to full capacity and almost out of space; the need for automatic backup for each user; how the City needs its own mail server, it is currently set up like a home computer; problems with configuration of the server and no capacity to run applications; security, performance and reliability issues and expiration of the City's anti -virus software; multiple points of access to the Internet that the City is paying for separately and Bright House's role in the configuration of the City's internet access. A motion was made by Mayor Randels and seconded by Ms. Roberts to approve Item No. 8. Ms. Apperson requested Council to specifically address the possible motions included in the summary of the cover sheet for this item. A motion was made by Mayor Randels and seconded by Ms. Roberts to clarify the original motion to include approval of Item No. 8 as written as well as declaring Mr. Thorpe and Nebutel, Inc. the sole source providers of these services to the City. Discussion ensued and included funding and the City's past IT issues; updating, City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Adw Page 5 of 9 assessing backups, maintenance and repair money eeded once the system is installed; using Impact Fee money to possibly pay for Nebutel's services; Mr. Hall's personal guarantee to the City for the microwave system; updating the current line of site for the microwave system in the event of development near Carver's Cove; Nebutel's relationships with the City of Kissimmee, Brevard County Clerk of Court, NASA and subcontractors, City of Indian Harbour Beach and the City of Palm Bay; preparation of departmental budgets considering future assessments and needs; Mr. Hall stated Nebutel is located in a storm - proof, secure facility in Melbourne for back -up storage. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 9. Review and Approve the Hiring of two (2) Seasonal Summer Camp Counselors for eleven (11) weeks, not to exceed a total of thirty (30) hours each week. Mr. Lefever explained the Recreation Department's need for two seasonal summer camp counselors this year. Discussion ensued and included the possibility of approaching students from Cocoa Beach Junior /Senior High School to work during the summer; the risks of kids working with kids being a potential liability to the City; Council desire to see the weekly fee stay at $25.00; the popularity and success of this program each year; the lack of space for more children to attend and the need for a full day camp. A motion was made by Ms. Roberts and seconded by Mr. Petsos to approve Item No. 9 at a $25 /week level. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCES: Second Public Hearings: 10. Cape Caribe Development Items: (a.) Motion to Adopt: Ordinance No. 02 -2008, Adopting a Small Scale Future Land Use Map Amendment for Incorporation into the Comprehensive Plan; at second reading; (b.) Motion to Adopt: Ordinance No. 03 -2008, Changing the Zoning Map Designation of Certain Real Property; at second reading; (c.) Motion to Approve the Cape Caribe Development Agreement; and (d.) Motion to Approve the Cape Caribe Development Site Plan. Attorney Garganese proposed a consolidated hearing process for this item; he distributed a hand -out detailing the process to Council and reviewed it, for the record, with them. Council came to consensus to follow the proposed hearing process as requested. Attorney Garganese read the titles of both Ordinance No. 02 -2008 and 03 -2008 and stated both items are legislative and quasi - judicial in nature. For the record, he confirmed with the applicants their acceptance of the process. After staff and applicant presentations, Council discussion ensued and included permanent bleed down outfall; City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 6 of 9 permitting steps taken with the DEP (Department of Environmental Protection); Port Canaveral and emergency drawdown; time delay conversion and how new process wet detention system with an outfall is completely different system and needs to be reviewed; the concern of the angle for the speakers in the rezoned area, hours of operation and raising of the parking area to two levels next to Solana Shores area and the tennis court; the schedule of work to be done; DEP approval of the site plan and review by state and federal agencies; turtle lighting; maintenance of the lakes, maintenance responsibilities and private agreements; progress inspection and permit expiration. During the Public Hearing and Reply portions of the procedure, discussion ensued and included the dissemination of the final copy of the permit to the three communities; citizen concerns about another 100 year rain event and the agreement between Cape Caribe, Solana Lakes and Solana Shores; citizen concerns about overflow into the ocean; the original agreement with Towne Homes. After Council deliberations, Council expressed thanks to the community and all parties involved. A motion made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve the Development Agreement and Site Plan as presented. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Ms. Walsh and seconded by Mayor Pro Tern Petsos to approve Ordinance No. 02 -2008. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Mr. Hoog and seconded by Ms. Walsh to approve Ordinance No. 03 -2008. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion made by Mayor Pro Tem Petsos and seconded by Ms. Robert to extend the meeting an additional 30 minutes. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 11. Motion to Adopt: Ordinance No. 02 -2010, Creating Chapter 91, Landscape Irrigation, of the City Code to Provide for Local Implementation of St. Johns River Water Management District Water Conservation Rule for Landscape Irrigation; Providing Definitions; Landscape Irrigation Schedules; Providing Exceptions to the Landscape Irrigation Schedules; Providing Variances from the Specific Day of the Week Limitations; Providing for Applicability and Enforcement; Providing for Penalties; Providing for the Repeal of Prior Inconsistent Ordinances and City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 7 of 9 Resolutions, Incorporation into the Code, Severability, and an Effective Date; at second reading. Attorney Garganese read the title of the ordinance. Attorney Garganese brought an item to Council's attention on page 4 of 6, subparagraph 9 of Section 91 -4 and recommended striking the language regarding private irrigation wells inconsistent with State Law. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Ordinance No. 02 -2010 with language stricken from page 4, subparagraph 9 section 91 -4. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 12. Outdoor Entertainment Code Items: (a.) Motion to Adopt: Ordinance No. 04 -2010, Repealing the Existing Provisions of Article III, Chapter 10 of the City Code Related to Outdoor Entertainment; Adopting a New Article III of Chapter 10 Regulating the Permitting of Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at second reading. (b.) Motion to Approve: Resolution No. 2010 -05, Amending the Existing Fee Schedule for Chapter 10, Amusements and Entertainments, Related to Outdoor Entertainment Permits; Providing for Incorporation into "Appendix B" to the Cape Canaveral Code of Ordinances; Providing for Repeal of Prior Inconsistent Resolutions, Severability, and an Effective Date. Attorney Garganese read the title of the ordinance. Discussion ensued and included fee waiver changes and deposits; loss of revenues for expenses the City will incur; the Art of Sand event, the Brevard Cultural Alliance (BCA) and T -N -T Events, Inc.; exemptions for non - profit organizations and modifying the language of the Municipal Purpose Section of the ordinance; addressing a technical code waiver, the request for a 6 foot high fence for the Art of Sand and public safety. Mayor Randels read proposed changes to be added to Section 10 -73, Fees and Deposits, paragraph (b) "if it can be demonstrated that the event serves a municipal purpose not to be limited to economic development, local charitable events or city sponsored events ". A motion was made by Mayor Randels and seconded by Mr. Petsos to add language to Ordinance No. 04 -2010, Section 10 -73, Fees and Deposits, paragraph (b). The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Discussion ensued and included reimbursing the City for expenses and partial fee charges; amending the code with more stringent language regarding public safety. Attorney Garganese proposed additional language "the building official, fire chief and precinct commander shall be permitted to require standards more stringent than provided for in the city code in order to protect life and public safety related to the event" and requested Council grant leeway on its placement in the ordinance. A motion was made by Ms. Roberts and seconded by Mayor Randels to amend Ordinance No. 04 -2010 to include the City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 8 of 9 public safety revision proposed by the City Attorney and place it where the City Attorney deems appropriate in the ordinance. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Ms. Roberts and seconded by Mr. Hoog to extend the meeting an additional 15 minutes. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to adopt Ordinance No. 04 -2010 as amended, at second reading. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Attorney Garganese read the title of Resolution No. 2010 -05. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Resolution No. 2010 -05 as written. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 13. Approve Outdoor Entertainment Permit for the International Art of Sand Event, waiver of fees; alcohol permit and fence height waiver for same. Mr. Morley clarified the fence height exemption may be taken off the list of items for Council approval since the adoption of the Ordinance No. 04 -2010. Sheriff's Commander Moros and Fire Chief Sargeant presented their fees for public safety services to Council. Discussion ensued and included the schedule for these services and various options involving the use of additional officers and firemen on the weekends, off -duty personnel, sub - contracts, using outside deputies, total costs for the five weekends, using staff people for this event; the need to see a return cost back to the City. Ms. Shellie Williams, Executive Director of the BCA, explained her organization's role and responsibilities for the International Art of Sand. More discussion ensued and included expenses for security services and the spending of tax payer dollars, reimbursing the City with some of the costs, planning forward for the event and the economic impact the event will have in the future. Commander Moros stated his department fees would drop significantly due to the fact alcohol is only being served on the weekends. Fire Chief Sargeant also offered potential lower fees depending on the crowd sizes. A motion was made by Ms. Roberts and seconded by Mayor Randels to approve Item No. 13, including: 1. Alcohol service, 2. Waiver of fees, including the $500 application fee; reduced expenditures to be determined for public safety City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2010 Page 9 of 9 services provided by the Sheriffs Department and the Fire Department; the basis for all of which is economic development purposes. Discussion ensued and included the Council's direction to the Business and Cultural Development Board to seek sponsors to help fund City expenditures and the use of tax payer funds for the event. The motion carried 4 -1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. There being no further business, the Meeting adjourned at 11:01 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk SEAL of Cape Canaveral, Florida