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HomeMy WebLinkAboutMinutes 02-16-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY February 16, 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 Council Member Shannon Roberts Betty Walsh Assistant Public Works Director Jeff Ratliff Others Present Acting City Manager Angela Apperson Acting City Clerk Mia Goforth Assistant City Attorney Kate Latorre 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 Dept. Lt. Mike Demorat PRESENTATIONS: Brevard County Sheriffs Department — Recognition of Deputy of the Month Brevard County Sheriff Lieutenant Mike Demorat announced Corporal Mike Mazzone as the Deputy of the Month and due to a prior engagement would not be able to attend this City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 2 of 9 meeting. He informed Council of an incident that happened the night of January 13, 2010 which involved rendering aid to a stabbing victim. The Council expressed gratitude for Corporal Mazzone's efforts. Lt. Demorat extended an offer from the Canaveral Precinct Commander Moros to aid in closing the Library Meeting Room at the end of City meetings as a solution to the safety concerns of the City; a deputy at time certain or a phone call to the Canaveral Precinct as things are winding up. Council came to consensus to call the Sheriff's Department dispatch /non- emergency line when a City meeting ends. The Council expressed thanks Lt. Demorat. REPORTS: Acting City Manager • Ms. Apperson announced the Space Coast Little League's invitation to attend the Opening Ceremonies on Saturday, March 6, 2010 at 10:00 a.m. at the Cape Canaveral Baseball Fields. • Ms. Apperson mentioned the pending Cape Caribe project and requested Council consensus to proceed with the second hearing for adoption of the Comprehensive Plan amendment, the second reading of the Zoning amendment, the site plan and the development agreement for the project at the City Council meeting on March 2, 2010; having one public hearing on the development agreement and public advertisement in the paper as well as personal notice to the Solana Lakes, Solana Shores and Shorewood property owners. Discussion ensued and included the number of workshops previously held regarding this issue, concerns about community involvement in the project, timelines regarding the Comprehensive Plan requirements and EAR- Based (Evaluation and Appraisal Report) Amendments that were supposed to be completed by March 4, 2010. The Planning and Development Director Barry Brown declared to Council his efforts to keep the former City Manager apprised of the status of these items. Council came to consensus, with objection by Council Member Roberts, that the notice to the public is adequate and hearings will take place on March 2, 2010. Colin Beanziger and Associates • Mr. Beanziger updated the Council regarding the progress of his company's recruitment search for a new City Manager stating he is going through resumes very quickly and they are on schedule. Discussion ensued and included the recruitment process, the contract schedule and the city manager salary comparison study in similar communities. Mr. Beanziger confirmed he would provide data requested by Council regarding police and fire departments in other communities. City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 3 of 9 Public Works • Assistant Public Works Director Jeff Ratliff announced there may be additional Stimulus Funds available, coming through the TPO (Transportation and Planning Office) but projects must be shovel -ready and can only be used for Federal Aid highway roads. Unfortunately, the City has no projects that qualify. • Mr. Ratliff announced the beach re- nourishment project has been delayed until March 23 and will take at least thirty days to complete. • Mr. Ratliff informed the Ridgewood Improvement Project has begun; trees have been relocated to Manatee Sanctuary Park. Discussion ensued and included project items that need to be addressed at the March 2, 2010 City Council Meeting including the Ocean Woods Survey and brick pavers. • Mr. Ratliff responded to Council inquiry regarding bus shelters and informed they are out for bid by SCAT (Space Coast Area Transit) and he is waiting for schedule information. • Mr. Ratliff and Walter Bandish, Public Works Director, confirmed the turnover of N. Atlantic Avenue, W. Central Boulevard and Ridgewood Avenues to the City from Brevard County. Mr. Ratliff responded they will contact Port Canaveral about repaving the extension of N. Atlantic Avenue to George King Boulevard. • Mr. Petsos expressed thanks to the Public Works Department for their participation in the Sea Oats Planting Project; they had 128 volunteers and planted close to 8,000 plants. • Mr. Bandish announced the left -turn signal should be installed at Central Boulevard and State Road Al by early March. Community Development Department • Mr. Brown requested the Council and Visioning Committee members bring their Visioning Reports to the CDD to receive replacement pages. Recreation Department Robert Lefever, Recreation Director, informed all fence posts were installed today at Banana River Park and the project should be finished late tomorrow afternoon. Mr. Lefever reported they have fifty percent of the items donated to Youth Center by the Brevard County Sheriff's Department. Mr. Lefever responded the street festival's alcohol permit was approved and has been marketed with interviews and advertising in Florida Today, the Press Tribune and Hometown News newspapers. Fire Department • Chief Dave Sargeant responded his department has not been notified yet of an award for a grant for construction of a new fire house but have received a grant for a fire boat on which they will go out for bid in the next couple of weeks. • Ms. Apperson stated she would track down a prior list of projects the City proposed for Stimulus Funding as requested by Council. City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 4 of 9 Business and Cultural Development Board • Council Member Betty Walsh submitted a "Hello Neighbor" publication that connects local businesses and communities to the Board for consideration. CONSENT AGENDA: Approve Special Outdoor Entertainment Permit for the "Walk for the Bibles ", sponsored by the Space Coast Seafarers Ministry and approve waiver of fees and clean -up bond for same. 2. Approve and issue a Proclamation designating March 2010 as "Irish American Heritage Month" at the request of the Ancient Order of Hibernians in America, Brevard County Office, Division 2. 3. Accept the Economic Development Action Plan. A motion was made by Ms. Walsh and seconded by Ms. Roberts to approve all Consent Agenda items. Discussion ensued and included whether acceptance of the Economic Development Action Plan obligates the City to spend and increase personnel, steps Council would need to take to move the suggestions in the Plan forward and the City Council workshop meeting on March 2, 2010. 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: 4. Review of City Organization Memberships. Discussion ensued and included Council concern on the return of investment for the memberships; the need for feedback from those representing the City in these organizations; and the possibility of reconsidering the City's EDC (Economic Development Commission) membership. Council came to consensus to review the City memberships again during the City's annual budget review. Council expressed thanks to Ms. Apperson and staff for putting together the informative and comprehensive list for review. 5. Consider requesting a status report from the Charter Review Committee. Discussion ensued and included the Committee's process of review and their first complete review of the Draft Charter on February 11, 2010; review of the Fire Department portion of the Charter will take place at the next Committee meeting on City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 5 of 9 March 11, 2011; certain portions were left open for discussion such as Terms of Office, Districting and Term Limits because the Committee had difficulty reaching consensus on those items; Charter Review should be an item on the City Council Agenda in June 2010. ORDINANCES: First Public Hearings: 6. Motion to Approve: 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 Resolutions, Incorporation into the Code, Severability, and an Effective Date. City Attorney Kate Latorre read the title of the ordinance. Discussion ensued and included proposed language changes by the St. Johns River Water Management District. Mayor Randels read the proposed changes: 1) Page 1 of 6, fourth whereas, third line down: replace "rain sensor device" with "additional'; and 2) Page 4 of 6, Section 91 -5: replace the entire section to read: Sec. 91 -5. Required irrigation system technology. Any person who purchases and installs an automatic landscape irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Ordinance No. 02 -2010 with the proposed amendments, at first reading. Discussion ensued and included Section 91 -7. Enforcement and penalties: Mayor Pro Tern Petsos requested all three references to "shall" be replaced with "may ". A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to amend Section 91 -7, replacing all references to the word "shall" to "may ". 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. The vote on the main motion followed. 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. 7. Motion to Approve: Ordinance No. 03 -2010, Amending Chapter 98, Subdivisions, of the Cape Canaveral Code of Ordinances related to Plats; Amending and Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Ordinances and Resolutions; Incorporation into the Code; Severability; and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 6 of 9 Attorney Latorre read the title of the ordinance. Mr. Brown explained the purpose and process of this ordinance and expressed thanks to Council Member Roberts for the suggestion of creating flow charts. Discussion ensued and included flow charts, the old requirements and statutory review required by the County, the new ordinance clarifies the procedure and helps expedite the splitting of two lots making it user friendly, using this ordinance as a template for the future. Mr. Brown gave credit to the Planning and Zoning Board. Mr. Earl McMillin, of 397 Holman Road, proposed a small change to the ordinance wording on page 10. Attorney Latorre stated her intent to take this under advisement. She stated she would try to clarify the language and provide a revision at the second reading. A motion was made by Ms. Roberts and seconded by Mr. Petsos to accept Ordinance No. 03 -2010 as drafted with the understanding the City Attorney will review the proposed amendments, at first 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. 8. Motion to Approve: 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. Attorney Latorre read the title of the ordinance. Building Official Todd Morley explained the process and purpose for the ordinance and stressed how timing is critical for this ordinance. Attorney Latorre further explained the permitting process and pointed out the Council will still remain involved regarding alcohol and street closures. She also stated the fee schedule can be implemented by resolution. A motion was made by Ms. Roberts and seconded by Ms. Walsh to approve Ordinance No. 04 -2010 at first reading and to create a resolution to revise the fee schedule (appendix B of the City Code). Discussion ensued and included the effect of the ordinance regarding signage for events and the sign code, banners for the upcoming Art of Sand event, directional signage, parking, vendors, farmer's markets, zoning changes. Council reached consensus to make the following amendments to the ordinance: 1. Clarification of the definition of "outdoor entertainment event" to reflect events that take place on private property are subject to permitting requirements; 2. Revision to section 10 -63 to clarify that all events require insurance coverage; 3. Revision to section 10 -70 to provide that applicants provide staff with list of all vendors as soon as possible prior to the event; and 4. And have the Fire Chief and the Building Official come back to Council with a recommendation regarding the issue related to permitting reoccurring events. Council reached consensus to bring the issue of farmer's markets back to Council for discussion at a future City Council meeting. 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. City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 7 of 9 DISCUSSION: 9. Stormwater System TV Monitor /Cleaning — Feasibility Analysis. Public Works Assistant Director Jeff Ratliff explained this item involves cleaning of the City's entire stormwater system, the probable scenario memo and the budgeted amount for the project being $100,000. Discussion ensued and included the pros and cons of using City workers as opposed to an outside contractor. Council reached consensus to approve the piggybacking of the Reedy Creek Improvement District contract with Vac and Jet Services, LLC in an amount not to exceed $100,000 for TV /Cleaning and Repair of the Stormwater System beginning with the corrugated pipes, baffle boxes and the west end of the City. Ms. Apperson clarified that any change from the contractor or any major construction outside of the budgeted amount would have to come back to Council for approval. 10. Request for Information Similar to "Open. palm bayflorida.org" to be placed on the City's web site. Ms. Roberts stated members of the community brought this item to her attention and explained it would allow transparency of the City's budget. She informed, based on research conducted by the City Treasurer Andrea Bowers, there are concerns about the co, financial implications of approving this item. Discussion ensued and included the research done by a citizen being accurate, but in addition to the $6,000 price for the program itself, there was an additional amount of $300,000 to make the web module interactive such as the sample website allows; the information requested is currently available and additional budget reports can be placed on the City website; inquiry as to Staff's ability to track City website traffic and the City's limitations in collecting data as compared to the City of Palm Bay. Council reached consensus for Staff to place the monthly financial report and the CAFR on the City website and for Staff to come back with a future agenda item with additional reports, ideas and website tracking information. 11. History Video Post Production Options. Ms. Apperson explained her decision to place this item on the agenda due to the need for guidance from Council. After brief discussion regarding a possible premier event, distribution of the DVD to each of the 30 people who participated in the making of the History Video and the cost of the overall project, Council came to consensus to produce copies of the DVD in house, give them out for free and give a copy to the Cape Canaveral Library for people to sign out. REPORTS: 9:45 p.m. — 10:00 p.m. 12. Council. City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 8 of 9 Council Member Walsh • Ms. Walsh inquired about the status of starting a volunteer program. Ms. Apperson responded she spoke with some in the community about the issue, has begun to collect a list of resources and will be addressing insurance issues with the City insurance carriers regarding volunteer liability costs. • Ms. Walsh requested projected financial reports to gain a better idea of revenue stream expenses coming in and going out and to reflect changes the City has gone through recently. Ms. Apperson responded Ms. Bowers will prepare a new, detailed report for Council to be ready on the 2nd of March. Council Member Roberts • Ms. Roberts brought up the incident at State Road A1A and Commerce Street at the Cape Canaveral Post Office regarding the violation of the right -of -way sign code provision and inquired about the City's policy when violators do not comply once a warning is issued. Mr. Morley explained what had occurred between demonstrators, the Code Enforcement Officer Duree Alexander and the Sheriff's Department earlier that day. Discussion ensued and included the City Attorney's opinion this was not a freedom of speech issue but in fact a right -of -way violation, inquiry as to the Sheriff's Department's role in this type of incident and their view of it being a code enforcement issue, the City's authority to remove the signs, the need to address the issue properly in the future, safety issues regarding this incident and the need for Staff to work more closely with the Sheriff's Department on this type of issue. The Building Official confirmed he would meet with the Sheriffs Department Commander on this issue and report back to Council. • Ms. Roberts recommended posting a "Do Not Turn on Red" sign at the intersection of N. Atlantic Avenue and Central Boulevard. • Ms. Roberts inquired about the status of the human resources manual. Ms. Apperson confirmed the item would be brought back to Council on either the 16th of March or the first meeting in April. • Ms. Roberts inquired about action tracking. Ms. Apperson reminded that Staff has been placing Trac EZ reports in the City Council Agenda Packets under Reports and adding to it as items come in. • Ms. Roberts mentioned other items: buy local, Microsoft Business Software, a sign on George King Boulevard that lists Cape Canaveral as well as the City of Cocoa Beach. Mayor Pro Tem Petsos • Mr. Petsos requested Council consensus to install a street light on the northeast corner of Rosalind Street and Washington Avenue for the children going to school. Mr. Bandish stated he would investigate costs and return with information to Council. • Mr. Petsos inquired about the sewer rate study and requested Council consensus to include an impact fee analysis. Council reached consensus to City of Cape Canaveral, Florida City Council Regular Meeting February 16, 2010 Page 9 of 9 support the request. Ms. Apperson stated staff will provide an update for Council and Council had no objection in contracting another entity to provide the report if need be. There being,no further bpsiness, the Meeting adjourned at 10:59 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk SEAL of Cape Canaveral, Florida