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HomeMy WebLinkAboutMinutes 01-19-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY January 19, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to order at 7:19 P.M. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Others Present Acting City Manager Acting City Clerk City Attorney Public Works Director Assistant Public Works Director Recreation Director Building official Planning & Development Director Sheriffs Dept. Lt. PRESENTATIONS: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Angela Apperson Mia Goforth Anthony Garganese Walter Bandish Jeff Ratliff Robert Lefever Todd Morley Barry Brown Mike Demorat Brevard County Sheriff's Department — Recognition of Deputy of the Month Mayor Randels apologized for the late start of the meeting. Recreation Director Robert Lefever suggested the Sheriff's Department make their presentation before him. Brevard County Sheriffs Department Lieutenant Mike Demorat recognized the Canaveral Precincts December Deputy of the Month as Deputy Manley. He presented the Deputy with a plaque and shared some of the details of an incident that happened on December 7 th in the unincorporated area of Avon -by- the -Sea. While on patrol, Deputy Manly was able to conduct a safe traffic stop and arrest three (3) males who had City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 2 of 8 threatened a resident on Hayes Avenue with a shotgun and burglarized the home. Council thanked Deputy Manly for his efforts. Lt. Demorat also announced the State of Florida's new Juvenile Civil Citation Program; an alternative to arrest for juveniles who commit certain misdemeanor offenses. 14th Annual Reindeer Run/Walk Presentation to the United Way Robert Lefever, Recreation Director, stated they had a total of 32 sponsors for the event, the most people they have ever had to participate and thanked those that volunteered. There were 423 runners this year, compared to just over 350 runners last year. He recognized the major sponsors, those who donated over a $1000 in cash or services, to accept their awards: The Running zone -- Don & Daniece Pearcy Waste Pro of Florida, Inc. - Ted Ggelsby Clear Channel Outdoor - Chris Ashley B rig hthouse - Jim Platman Brown, Garganese, Weiss and D'Agresta - Anthony Garganese Light Rock 99.3 - Mike Lowe and Mindy Levy Mr. Lefever also presented an award of thanks to Race director Fran Norman and he presented a proceeds check in the amount of $7,166.39 to Ms. Bethanne' Hall, Communications Director, of the United Way. Council thanked Ms. Hall and Mr. Lefever for their efforts. Community Visioning Report — Community Visioning Committee represented by Chair, John Porter John Porter, Community Visioning Committee Chair, and Phil Lauden, Executive Director, East Central Florida Regional Planning Council (ECFRPC), took the podium and had those Community Visioning Committee members who were present stand up and be recognized. Mr. Porter stated the purpose tonight is to present Council with the report and look to Council for leadership and recommendations on a way forward. He relayed the Visioning Committee is willing to continue to serve and execute the plan if Council so wishes. Angela Apperson, Acting City Manager, reminded Council they previously gave direction to have this presentation this evening with questions and then schedule a workshop with the City Council, the Community Visioning Committee and representatives of the Volunteer Advisory Boards. After which, Council would meet with Staff and at that point, she believed Council would then assign tasks. Mr. Laurien shared the merits of the Community Visioning Report through a presentation and pointed out the need to thank Mr. Marcus Bastian who spent 60 unpaid hours creating the artist renderings. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 3 of 8 A motion was made by Mr. Hoog and seconded by Ms. Walsh to accept the Final Visioning Report. Discussion took place regarding the advisory role Mr. Laurien played in the implementation of the Visioning for the City of Tavares and how the city of Cape Canaveral might implement its Visioning plan with City staff and consultants; creating Cape Canaveral's own "port-of -call" and supporting a cultural environment; fixing the zoning plans and codes before development; a Regional Economic Model (REMI) model run offered for free by Mr. Laurien. The City Council thanked Mr. Porter, the Community Visioning committee and Mr. Laurien for a great job. 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. Council came to consensus on scheduling a joint workshop with the Community Visioning Committee and Advisory Board Representatives for Tuesday, February 23, 2010 at 5 :30 p.m. Mr. Porter expressed thanks to the City Council for passing the motion unanimously. Economic Development Report — Kim Agee John Anderson, resident, briefly explained his involvement in coordinating the Economic Development Plan and noted Kim Agee, Agee consulting, previously had been with the Space Coast Economic Development Commission as the Managing Director for sixteen years before starting her own consulting agency. Ms. Agee introduced herself, thanked Ms. Apperson, Ms. Bowers, Dianne Marcum of the Business and Cultural Development Board (B &CDB), Mr. Anderson and Ms. Magee; and shared the merits of the report and her insights on a sampling of actions contained within the report. After the presentation'. Ms. Agee announced she would deliver the forty page written plan to the city Council and the B &CDB no later than February 3rd and suggested a workshop on the report. Discussion ensued and included a suggestion to fold the next B &CDB meeting into a workshop with the City Council on report. Council reached consensus to schedule a city council Joint Workshop with the B &CDB to discuss the Economic Development Plan on February 10th at 4 p.m. More discussion ensued regarding additional detail and data requested by Council; homesteaders and part- time residents; specific ideas to be discussed at the workshop such as plan funding, whether Ms. Agee's contract ends with the presentation of the report and placing the report on the agenda for the Regular City Council Meeting of February 16th. The Council thanked Ms. Agee for her work and presentation. REPORTS: Acting City Manager • Ms. Apperson noted copies of logged mail distributed to Council referring to a Summons issued to the City and informed the entire complaint is available for review and the City Attorney will process in the normal manner. • Ms. Apperson responded to Council the State of the City Report will be presented at the next City Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 4 of 8 Community Development Department • Mr. Morley, Building Official, gave detailed information of a report he completed dealing with the code enforcement aspects of the Visioning Report and noted it is available for review. • Mr. Morley also informed he completed a code evaluation for the egress requirements for meetings in the- City of Cape Canaveral Library building; he met with the Fire chief, the Deputy Fire Chief and the City's Chief Inspector. They determined there is a high occupancy load for the building, in the 140 range, and the thumb bolt on the front doors of the library must remain unlocked. He further strong recommendation against leaving the doors to open automatically during informed Council of Library Director Isabel Escapa's security concerns and her meetings. Council reached consensus to have Mr. Morley request the use of front doors during public meetings and to report back to the council with the Library Director's answer. • Mr. Morley announced the Outdoor Entertainment Permit Ordinance revisions will be out by the end of this week to staff and Council; he requested getting back to him as soon as possible to coincide with the precise timeline of the upcoming Art of Sand Event. • Mr. Morley announced Dennis Clements, Chief Inspector /Plans Examiner, has accepted a position with the City of Rockledge as a Building Official. Public Works Department • Walter Bandish, Public Works Director, informed the Force Main depression at Washington Avenue and Columbia Avenue will be repaired within the next couple of days. • Mr. Bandish distributed copies of a capacity analysis of the City's sewer as requested by Council. City Historian • Ray Osborne, City Historian, requested Council direction on his plan to have historical community markers designed, made and installed, after speaking to the property owners at the Artesia Post Office and at the old log cabin once owned by Wyatt Chandler; he provided a sheet with samples for Council to choose from different styles of markers. council reached consensus for the city Historian to bring this request before the Beautification Board for recommendation back to the city Council. Recreation Department • Robert Lefever, Recreation Director, announced there will be a Friday Fest press release and networking /social gathering Friday, January 29th from 5 p.m. — 7 p.m. in the Recreation Complex. • Mr. Lefever reported he is in the process of obtaining quotes for the fence project at Banana River Park. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 5 of 8 • Mayor Pro Tem Petsos pointed out, regarding the Economic Development Plan, both the City Historian and the Recreation Department are already utilizing social media sites on the internet. Ms. Apperson relayed the City Attorney will be working on policy procedures regarding such sites because there are record retention law issues. City Attorney • Attorney Garganese reported he was given a copy of a Summons and Complaint against the City and Brevard County and he will forward to the City's insurance carrier; it is a claim for damages for a slip and fall accident. • Attorney Garganese further explained the issues surrounding the City's use of social networking /media sites in regard to sunshine laws and would bring the issue back to Council at a later date. Business and Cultural Development Board • Joanne Muncey, Chairperson, announced the cape Canaveral 8th Annual Professional Art Show in association with the Brevard Art Association at the Library, January 29th and 30th; and the children's 11th Annual Art Fair at the Library on February 6th. • Ms. Muncey noted the memo from the Board recommending the CRA (Community Redevelopment Agency) and recognized Board Member Dianne Marcum, Planning and Development Director Barry Brown and staff for their research. • Ms. Muncey noted the need for flexibility, safety and health of residents and tourists regarding the Brevard Cultural Alliance event: The International Sand Sculpture Festival, which will be bringing international interest and visitors to the City of cape Canaveral. AUDIENCE To BE HEARD: • Ms. Dianne Marcum, resident and Business and Cultural Development Board Member, noted the tremendous opportunities and challenges presented on tonight's agenda with regard to the community Visioning Project, the Economic Development Plan and the CRA and pointed out how each of them will put a drain on staff, financial and volunteer resources and suggested the City integrate and align all of these into one project thus avoiding duplication of funds and efforts. Discussion ensued and included having one person in charge of this project with a number of teams, work streams, project planning software, alternate City revenues other than property taxes, the city's image and direction on signage. • Mr. Leo Nicholas, resident, reported the VFW gave out 97 Christmas baskets to those residents in need in the city and held a Christmas party with approximately 110 children in attendance in December. • Ms. Joyce Hamilton, resident, announced the poinsettias pulled up from the City will be on a trailer at Public Works for those who want them. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 6 of 8 CONSENT AGENDA: 1. Approve the City Council Special Meeting Minutes of August 26, 2009. 2. Approve an Outdoor Entertainment Permit for Jazz Under the Stars and waive all fees for same. There being no discussion, a motion was made by Ms. Roberts and seconded by Ms. Walsh to approve consent Agenda Items 1 and 2. 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. OLD BUSINESS: 3. Provide direction related to the Ridgewood Avenue Improvements Project — Additional Issues. Jeff Ratliff, Assistant Public Works Director and John Pekar, City Engineer, proceeded to address the Council about the following attachments: 1) Project memo; 2) Documents: Extension of project northward to Ocean Woods; 3) Documents: Solar lighting information; and 4) Documents: Lincoln Avenue property. Mr. Pekar referred to the letter addressed to the City Council from Stottler Stagg and Associates (SSA) dated January 14 in regard to a City preconstruction meeting with the contractor, Brewer Paving and Development, Inc. Mr. Pekar stated there were three (3) points that he missed and needed confirmation from the Council on. Discussion ensued and included the pros and cons and contractor recommendations related to a Colored Pedway, Asphalt Pedway segments being extended across residential concrete driveways and Brick Pavers for crosswalks (5 intersections), the contractor discount recommended by SSA back to the City and the change order required to make these changes. council reached consensus to follow the recommendations of the contactors, SSA and Brewer Paving and Development, to not use color in the pedway asphalt, to not extend the asphalt pedway across the residential driveways and to use a conformed edge in the asphalt, as requested by council. More discussion took place regarding the third item in the letter regarding Brick Pavers for crosswalks and the pros and cons of using them versus concrete stamping. A motion was made by Mr. Hoog and seconded by Mayor Pro Tern Petsos to extend the meeting to 10:30 p.m. 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. council came to consensus. More discussion ensued and included whether to research the issue further regarding the subcontractor's timeframe to install the brick pavers, the quality of work and keeping a lane of traffic open during construction. Mr. Pekar stated he would try to provide council with the timeframe in writing and obtain a M.O.T. (maintenance of traffic) plan. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2010 Page 7 of 8 Mr. Ratliff continued on to the next issue and discussion included pros and cons of the extension of the project northward to Ocean Woods and Ocean Oaks, moving the road out of the right -of -way and new sidewalk installation. council consensus was reached to further research this item and bring it back to council at the next city council Meeting of February 2nd. Mr. Ratliff shared the pros and cons of Solar Powered lighting. Discussion ensued and included the use of solar lights reduces more than $150,000 from the contractor's bid; the construction materials, using LEDs (light emitting diodes) versus fluorescent bulbs, the size of the poles and solar panels, range of luminescence, maintenance, future savings in costs, the possibility of obtaining $126,000 in additional lights through a grant, grant application due date of February 12th. A motion was made by Ms. Walsh and seconded by Mayor Pro Tem Petsos to extend the meeting an additional 10 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor ProTem Petsos For; Mayor Randels For; Arts, Roberts For and Ms. Walsh For. Council consensus was reached to use solar lighting, commence with the grant application for additional solar lighting and to have examples brought back to Council at the next city council Meeting of February 2nd to table the Lincoln Avenue Property issue for a later date; and to skip to Agenda Item #8. ORDINANCE: second Public Hearing: 8. Motion to Adopt: Ordinance No. 01 -2010, Amending Section 22 -39, Proceedings of the Board, to change the community Appearance Board Meeting Days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. Attorney Garganese read the title of the ordinance. A motion was made by Ms. Walsh and seconded by Ms. Roberts to Adopt Ordinance No. 01 -2010, at second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor ProTem Petsos For; Mayor Randels For; Ms. Roberts For and Ms. Walsh For. Ms. Roberts requested to schedule an informational briefing by Tony Sasso and Amy Tidd on the Hands Across the Sand Initiative on Oil Drilling off the coast of Florida at the February 2nd city council Meeting. council consensus was to grant Ms. Roberts request. There being no further business, the Meeting adjourned at 10:30 P.M. City of Cape Canaveral, Florida City Council Regular Meeting January 19, 2910 Page 8 of 8 Mia Goforth, Acting City Jerk Rocky Randels, MAYOR