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HomeMy WebLinkAboutMinutes 11-18-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 18, 2008 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present C W City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Planning & Development Director Barry Brown AUDIENCE TO BE HEARD: • Mr. Richard Worley of Banyan Way in Ocean Woods, addressed the storm sewers on Banyan Way, Oleander Way and Palm Way in the Ocean Woods community. Mr. Worley stated how representatives from Ocean Woods had previously asked the City Council for assistance with this issue. Mr. Worley stated that the Ocean Woods residents pay a $3.00 Stormwater Fee and they were seeking assistance from the City to make needed repairs. Mr. Worley requested for the City Council to address this issue on an upcoming Agenda. Mayor Randels affirmed that the President of the Ocean Woods Homeowners' Association had addressed this matter at previous City Council Meetings. Mayor Randels informed that Ocean Woods was a private development and therefore responsible for its own infrastructure. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 2 of 11 Mr. Worley distributed information depicting a City easement from the residence to the street. Mr. Boucher requested that Council seek a written letter from the Ocean Woods Homeowners' Association regarding Mr. Worley's request. Mr. Boucher related that the Association President had declined to perform a study to identify the needed repairs. Ms. Roberts asked if other storm related issues could be addressed prior to hearing from the Ocean Woods representatives on this issue. Mr. Petsos requested that the City Manager seek Public Assistance Grant Funding from FEMA for the Ocean Woods residents. Ms. Roberts pointed out that Special Assessments to repair infrastructure were a part of the Homeowner Association fees. Mr. Boucher informed that he provided the FEMA representative with a contact person on the Ocean Woods Homeowner's Association staff. Mr. Worley stated that Tropical Storm Fay did not cause the pipe failure. He stated that the failing system was due to rust. Mr. Worley informed that he was representing the Homeowner's Association since Mr. Stevens was unavailable in the evening hours. • Mr. Ray Osborne presented a signed copy of his book, Images of America Cape Canaveral to the Council and requested that the City keep it as part of its archives. The book was given to the City Clerk. REPORTS: City Manager • Mr. Boucher informed that the North Atlantic Intersection project was scheduled to begin on December 1 Brevard County project management would post the directional signage. Ms. Roberts mentioned previous discussions on the possibility of closing one lane at a time during the project. The City Manager stated how this was not feasible at critical junctures in the project. He affirmed for Ms. Roberts that there would be a communication strategy to inform impacted residents within one week prior to any road closings. Mr. Petsos requested a copy of the project schedule from Staff. • Mr. Boucher reported on the six percent sewer rate increase. He explained that property owners would be formally notified in December and the billing would be reflected in the February 2009 bill. • Mr. Boucher also reported on the five percent garbage rate increase. Mr. Boucher replied that a notice would appear in resident's upcoming utility billing. Mayor Pro Tern Hoog asked if there were anticipated negotiations prior to the rate increase. Mr. Boucher stated that the Waste Management Agreement expires as of September 30, 2009; however, discussion could occur prior to the rate increase. The City Manager would seek to discuss the rate increase with Waste Management. • Mr. Boucher informed that the City of Cocoa passed a Resolution for municipal representation on the Cocoa Utility Advisory Board. Mr. Boucher informed of an upcoming Utility Advisory Board meeting on November 19"' to discuss the City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 3 of 11 proposed charges for the backflow devices. Mr. Boucher informed that the vacant resident unit policy of not billing changed to billing for unoccupied units and this would subsequently impact condominiums with vacant units. Mr. Petsos emphasized the importance of addressing City of Cocoa's proposed backflow device charge as this would duplicate the charge imposed by the City. Mr. Boucher announced that the Beach Rake Cleaning training would occur on Wednesday morning, November 19 at 10:00 A.M. Council was encouraged to attend. Mr. Boucher informed how Mayor Randels thanked Mr. Artie Strickler of Stinger Fiberglass who donated $4,500 toward the model shuttle. Ms. Roberts added that the Beautification Board suggested placing an honorary plaque in front of the model shuttle to commemorate the Space program and also to thank those who worked on the model shuttle. STAFF Public Works Director • No report. Recreation Director No report. City Treasurer No report. Building Official No report. City Clerk No report. City Attorney • Attorney Garganese reported that Judge Moxley denied Coastal Fuels request for an Emergency Injunction and Writ of Mandamus. This case involved a Stop Work Order issued by the Building Official because Coastal had not obtained a building permit prior to commencing the work on Asphalt tank, No. 4. After Coastal submitted a building permit application, the City later determined that the Coastal property was a non - conforming use and the intended work was prohibited under the non - conforming use provisions of the City of Cape Canaveral Code of Ordinances. In sum, the Judge made several important findings: - The Court found that although petroleum storage tanks were previously allowed in the City by Special Exception under the City's Zoning Code, Ordinance No. 01- 2007, enacted February 20, 2007, deleted such uses as Special Exceptions and made Coastal's facility a Non - conforming use; City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 4 of 11 - The Court further found that, based on the testimony provided at the hearing, the work on Tank 4 was nothing other than reasonable routine repair and maintenance authorized to be performed on a structure devoted to a non- conforming use by Section 110 -198 of the City Code. - Further, Coastal's legal argument that Florida Statutes 526.143 and 526.144 preempted the City's authority under the building and zoning code was rejected by the Court. Coastal Fuels' deadline for filing a Motion for Rehearing would be Monday, November 24 and Council could hold an Attorney - Client Session to discuss any further legal strategy. Ms. Roberts agreed that the Council should meet for an Attomey- Client session. Mr. Nicholas reminded that he would not be on the Council after this evening and Mayor Randels would need to ask Ms. Walsh when she would be available. Attorney Garganese stated that he would seek a Court Reporter. He informed that a 24 -hour Notice was not required for an Attomey - Client session. Mr. Petsos informed that he would not be available unless it was scheduled around 5:00 P.M. Council Members agreed to meet for an Attorney - Client Session on Friday, November 21 at 2:00 P.M., related to Coastal Fuels versus the City of Cape Canaveral. CITY COUNCIL Council Member Shannon Roberts • Ms. Roberts thanked Mr. Nicholas for his leadership and guidance during his tenure. Ms. Roberts requested an item to make a decision related to the State of the City Report for the December 2" meeting. She requested a written handout to summarize the City's accomplishments and an oral presentation from either the Mayor or the City Manager at the City Council Meeting on January 20, 2009. • Ms. Roberts requested a 2009 City Master Calendar to include City Council activities related to the Sign Code; upcoming Workshops; a sidewalk Master Plan; and a Community Center. Ms. Roberts also requested to include in the Master Calendar upcoming Staff and Board activities. Ms. Roberts requested to place this on the December 2" City Council Meeting Agenda. • Ms. Roberts requested to discuss the following subjects: - Development and Use of Customer Service Standards (to help improve customer service) - Development and Use of Metrics (to help develop workload data and improvement trends) - Use of Project Management Tools and Software (to help develop schedules, associated costs and completion timelines for major City projects) City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 5 of 11 - Use of Process Mapping (to help baseline and illustrate processes, determine timelines, identify key players, including our customers, improve communications with customers and develop process improvement goals) Mayor Randels suggested that Ms. Roberts give these items to the City Manager to prepare them for the next City Council Meeting. Ms. Roberts asked if there were a status report from Mr. Phil Laurien. Mr. Boucher replied that discussion of the terms for Mr. Laurien's assistance was in progress. Council Member Leo Nicholas • Mr. Nicholas related that Library Board Members had expressed concern regarding the amount of storage space needed in the Library Meeting Room. Mr. Boucher responded that he had discussed the Members' concems earlier that day during the Library Board Meeting. Once completed, he would present a report on that meeting. Council Member Buzz Petsos • Mr. Petsos addressed inoperable street lights. He informed how Florida Power and Light took 15-20 working days to repair lights and there were approximately 12 lights out in the City according to his count. Mr. Petsos requested a rebate from the lights that remain out for an extended period. Mr. Nicholas informed that this type of rebate was given to the City of Rockledge. • Mr. Petsos thanked the Recreation Director for the successful Brevard County Sheriff's Office PAL Event held on Saturday, November 15th. • Mr. Petsos encouraged the continuance of the Sign Code meetings in order to come to a conclusion. Mr. Petsos acknowledged that Council had received sign related information from Mr. David Shirtzinger and he encouraged them to read what was provided. • Mr. Petsos asked if anyone had information related to a park dedication on behalf of Mr. Rodney Ketcham at Canaveral Port Authority. Mr. Petsos requested that Staff obtain this information. The City Manager took note. Mayor Pro Tom Bob Hoog • Mayor Pro Tern Hoog thanked Mr. Petsos for his efforts on the street lights. Mr. Boucher replied that lighting in the Manatee Park area would be installed by the first week of December. Mayor Pro Tern Hoog agreed with Mr. Petsos on the lighting charge rebate concept. Mayor Pro Tern Hoog suggested that the Citizens Observer Patrol assist in identifying street lights that were out. • Mayor Pro Tern Hoog referred to the North Atlantic Avenue area project and the potential difficulty for emergency service access. Mayor Pro Tern Hoog recommended not closing both ends of the road. • Mayor Pro Tern Hoog thanked Mr. Nicholas for his work with the Council and he welcomed Betty Walsh as the new Council Member. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 6 of 11 Mayor Rocky Randels • Mayor Randels informed that Mr. Don Williams recommended convening the City's Peacock Committee to determine the number of peacocks and if it were time for thinning of the population. Mr. Boucher explained that the Peacock Committee had decided that it was a Homeowner Associations' responsibility to humanely trap and relocate the peacocks. Ms. Roberts brought out how South Florida was using a birth control method to control the peacock population. OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 21, 2008. 2. City Council Special Meeting Minutes, Certifying Election Results of the General Election, of November 6, 2008. 3. Resolution No. 2008 -34; Appointing a Regular Member to the Recreation Board, Stephanie Robinson. 4. Resolution No. 2008 -35; Appointing an Alternate Member to the Business & Cultural Development Board, Paul Pritchard. 5. Outdoor Entertainment Permit for Veterans of Foreign Wars Post 10131, Pearl Harbor Day Commemorative Service BBQ Picnic. 6. Proclamation: Family Month Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. Mr. Lefever clarified that Ms. Robinson would be a Regular Member not an Alternate Member of the Recreation Board. A motion was made by Mayor Pro Tern Hoog and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 7 of 11 CONSIDERATION: 7. Motion to Approve: Health Insurance Renewal with Health First, Inc. Ms. Roberts related some employee concerns about the absence of City sponsored dependent insurance coverage. She suggested negotiating for a type of discounted dependent coverage rate with Mr. Bill Ellis of the Health First Corporate Office. Ms. Roberts also addressed combining with other Brevard County cities through the Space Coast League of Cities to obtain discounted health care coverage for dependents. Mayor Pro Tern Hoog stated that he would bring this issue up at a Space Coast League of Cities meeting. Ms. Roberts asked if a modification were needed to the Motion for the City Manager to negotiate a rate with the Health First Representative. No amendment was needed since any discussion of the dependent coverage rate would not affect this year's Plan renewal. The City Manager took note to speak with the Health First Representative at the Open Enrollment Session on November 19"' related to obtaining a discounted rate for employee dependent coverage. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Health Insurance Renewal with Health First, Inc. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Approve: Replace (4) Stormwater Inlets Within the Harbor Heights Subdivision. Mr. Ratliff stated that he was seeking funds to install (4) four Inlets due to failing infrastructure related toTropical Storm Fay. Mr. Nicholas addressed a collapsed curb at the entrance of Harbor Heights. Mr. Ratliff clarified that the curbs he described were small inlets located throughout Harbor Heights. Mayor Pro Tem Hoog stated that Stottler, Stagg and Associates recommended to add inlets. Mr. Ratliff explained that his plan was to increase the size of the existing inlets. Mr. Lamar Russell, of Harbor Heights, stated that the approach in discussion was not to fix the overall system at this time but to address a specific problem. Mr. Russell explained how he had cleaned obstructed inlets every hour during the Storm event in order to keep the water flowing. Mr. Bandish added that Streets Department staff also cleaned the inlets. Mayor Pro Tern Hoog emphasized that his question addressed the difference in what Stottler, Stagg recommended and what Mr. Ratliff planned to do. Mr. Bandish stated how the plan would triple the inlets' capacity. Ms. Roberts stated that flooding needed to be addressed related to the City as a whole since other areas were also impacted with flooding problems. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 8 of 11 A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Replacement of (4) Stormwater Inlets Within the Harbor Heights Subdivision in the Amount of $22, 281 to Atlantic Development. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTION: 9. Motion to Adopt: Resolution No. 2008 -32; Supporting the Inclusion, as an Option, the Widening of SR528 in the 2035 Strategic Intermodal System Highway Plan. Attorney Garganese read Resolution No. 2008 -32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF THE BREVARD METROPOLITAN PLANNING ORGANIZATIONS' RESOLUTION NO. 09-03 RECOMMENDING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ADD STATE ROAD [SR] 528 IN THE 2035 STRATEGIC INTERMOCAL SYSTEM PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained how the previous discussion of this Resolution resulted in an CW Amendment to the language related to the proposed road widening. Mayor Randels stated that the Council's intent through this Resolution would include State Road 528 in the Space Coast Metropolitan Planning Organization's 2035 Strategic Intermodal System Highway Plan. Mr. Petsos commended the City Manager for his attempt to draft an amendment; however, he suggested the following language in the Whereas clause, "to consider "all" other multi -modal transportation options " prior " to the widening of State Road 528." Mr. Petsos requested that the Resolution title also reflect the same language. Mr. Nicholas emphasized the need for a traffic study related to the proposed road widening due to the anticipated level of increased traffic. Mayor Randels also noted for the City Manager to amend the Whereas clause to address that State Road 528 enters State Road AIIA at Port Canaveral and therefore impacts the City of Cape Canaveral. Ms. Roberts pointed out that cargo trucks were also anticipated on the roadway which would further impact the City. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Table Resolution No. 2008 -32 Until the Next Regularly Scheduled City Council Meeting. The Motion to Table carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 9 of 11 PRESENTATION: LEO NICHOLAS Mayor Randels recognized Mr. Nicholas for his contribution to various City projects. Mr. Nicholas expressed his satisfaction in working to preserve the City's Library and develop its public parks. Mr. Nicholas stated that he would continue to participate on City Boards and contribute to City activities. Mr. Nicholas commended the City Boards for their work. In conclusion Mr. Nicholas personally thanked each City Council Member and welcomed Ms. Walsh to the Council. OATH OF OFFICE: Robert Hoog, Mayor Pro Tem Attorney Garganese administered the Oath of Office to incumbent Mayor Pro Tem Robert "Bob" Hoog. Betty Walsh, City Council Member Attorney Garganese administered the Oath of Office to Ms. Betty Walsh. NEW BUSINESS RESOLUTION: 10. Motion to Adopt: Resolution No. 2008 -36: Electing a Mayor Pro Tem. Attorney Garganese read Resolution No. 2008 -36 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the Resolution to Elect a Mayor Pro Tem required a Nomination and a majority vote. Mayor Randels nominated Bob Hoog to serve for another year as the Mayor Pro Tem. Mayor Randels explained how Mayor Pro Tem Hoog actively participated on the Florida League of Cities' Legislative Committee. Ms. Roberts commended Buzz Petsos for his work on the Council and stated that he also actively served on Florida League of Cities committees. Ms. Roberts nominated Mr. Petsos as the Mayor Pro Tem. Ms. Roberts asked to hear from each of the nominees as to what they would do as Mayor Pro Tem, if elected by the Council Mayor Pro Tem Hoog stated that he would participate in any area that was beneficial to the City and he would serve the City to the City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 10 of 11 best of his ability in any capacity. He expressed appreciation for the nomination. Mr. Petsos stated that he served as Mayor Pro Tern in the past and served as a Committee Member on both the Florida League of Cities and the Space Coast League of Cities. Mr. Petsos stated that he planned to advocate local job related issues. Attorney Garganese stated that a Roll Call vote was required on the nominations; however, if the Motion carried on the first nominee, there was then no Vote on the second nominee. A motion was made by Mayor Randels and seconded by Mr. Petsos to Nominate, Bob Hoog as Mayor Pro Tem. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Resolution No. 2008 -36; Inserting the Name, Bob Hoon as Mayor Pro Tem. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION: 11. Motion to Approve: Assignment of the Ridgewood Avenue Streetscape Project, Final Design, Bid and Construction Services from GreenBlades of sw Central Florida to Brad Smith & Associates. Mr. Ratliff explained that Greenblades was unable to fulfill their commitment to the contract. Mayor Randels clarified that the City's check was returned and therefore would be paid to Brad Smith & Associates. Ms. Walsh questioned that since the Ridgewood Avenue Beautification Project contract was being transferred from Greenblades to Brad Smith & Associates that perhaps the contract amount should be reduced. In response to Ms. Walsh's question, Mr. Ratliff explained that Greenblades had little in upfront costs on the project. A large majority of the work (design drawings) was already being performed by Brad Smith & Associates. Greenblades assumed that the project was a design/build and that they would become the prime contractor for the actual work on the Ridgewood Avenue project. Mr. Ratliff explained to Greenblades that the project was not, however, a design/build and that the project would go out to bid. They too would need to submit a bid for the project and would not be selected unless they submitted an acceptable bid. Mr. Ratliff explained further that the administrative costs (invoicing and other administrative duties) that Greenblades built into the contract would transfer to Brad Smith & Associates; therefore, the total contract amount would not change. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Assignment of the Ridgewood Avenue Streetscape Project, Final Design, Bid and City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2008 Page 11 of 11 Construction Services from GreenBlades of Central Florida to Brad Smith & Associates. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:17 P.M. Susan ills, CM „ TY,CLERK Rocky Randels, MAYOR