HomeMy WebLinkAboutMinutes 03-16-2010 RegularCITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue
TUESDAY
March 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
Mayor
Council Member
Council Member
Bob Hoog
Rocky Randels
Shannon Roberts
Betty Walsh
Council Members Absent:
Mayor Pro Tem Buzz Petsos
Others Present
Acting City Manager
Angela Apperson
Acting City Clerk
Mia Goforth
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
Sheriffs Department Lieutenant
Mike DeMorat
PRESENTATIONS:
Certificate of Appreciation — Richard and Melanie Evans
Recreation Director Robert Lefever presented Rick and Melanie Evans with a plaque
from the City for their generous donation to the Parks and Recreation Department. The
City Council expressed thanks to Mr. and Mrs. Evans.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 16, 2010
Page 2 of 7
Brevard County Sheriffs Department — Recognition of Deputies of the Month
Lieutenant Mike DeMorat introduced the Brevard County Sheriff's Office February
Deputies of the Month, Agent John Jennings and Corporal Michael Mazzone, and
recognized their team effort. The City Council expressed thanks to the deputies.
BOARD INTERVIEW:
Recreation Board — Chris Hale
City Attorney Anthony Garganese addressed Recreation Board applicant Chris Hale
who confirmed the information in his application was true and correct. Mr. Hale
explained the reason for his interest in serving on the Board. The Council welcomed Mr.
Hale back to the board and expressed their thanks to him for volunteering again.
REPORTS:
Mayor Randels prefaced the Reports portion of the agenda by stating Mayor Pro Tem
Petsos requested, in a handout distributed prior, his desire for Council to consider his
thoughts on all agenda items.
Recreation Department
• Mr. Lefever reported the Friday Fest Street Party on March 5, 2010 brought close
to 499 people in attendance and a little over $1200 in revenue; approximately
400 people attended the Spring Festival and Vendor Expo on Saturday, March
13, 2010 and he expressed thanks to the Recreation Department Staff, Building
Official Todd Morley, Waste Pro and the Sheriffs Department for the teamwork.
He announced the Movie in the Park for Friday, March 19, 2010 at Manatee
Sanctuary Park.
Public Works Department
• Public Works Director Walter Bandish updated Council on the paving at
Washington Avenue, Church Lane and Columbia Drive and installation of the
emergency back -up generator is almost finished on Central Avenue.
• Mr. Bandish confirmed the sidewalk between the City and Port Canaveral, near
the overpass, will likely be finished in two weeks. Mayor Randels commented
the Port is funding the project 100 %.
• Public Works Assistant Director Jeff Ratliff reported Space Coast Area Transit
(SCAT) is still reviewing the bids for contracting installation of the City bus
shelters.
City Historian
• Ray Osborne announced the History Channel recently listed Cape Canaveral as
one of the top most visited historic sites; regarding the Historical Marker project,
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City Council Regular Meeting
March 16, 2010
Page 3 of 7
Mr. Osborne reported his attendance at the Beautification Board meeting and
upcoming meetings with the Community Appearance Board and the Business
and Cultural Development Board the log cabin on Oak Lane and the Artesia post
office. Discussion ensued and included additional uses for the properties, bicycle
paths to connect the historical locations, the Moon Hut historic marker, ancient
Indian peoples who lived in the area, 1513 Celebration coming up in south
Brevard County and the Federal Tourism Bill.
Business and Cultural Development Board
• Chairperson Joanne Muncey reminded Council of the March 27 and 28, 2010,
4th Annual Images in Art event at Manatee Sanctuary Park.
• Board Member Dianne Marcum reported, as directed by the City Council, the
Board's recommendations regarding funding of the City's expenditures for the
International Art of Sand event. Ms. Marcum informed the City Council the
Brevard Cultural Alliance (BCA) will be surveying all of the guests that visited the
event and they will compile post event analysis to share with the City. She
explained the Board feels the City should think of the event as an investment and
recommended the following: 1) the City Council should agree to provide the
funds; 2) have the City Manager provide one staff person to provide 24 hour
logistical support for the Art of Sand and the Images in Art Festival as well; 3)
use City signs; 4) have the Mayor issue a press release and proclamation of
welcome and best wishes; host a low cost, informal event at Manatee Park on
Friday, March 26, 2010. Discussion ensued and included public health and safety
issues such as signage, traffic and parking. Council consensus was reached
to revisit signage if deemed necessary, for the Mayor to issue a press
release and for the Mayor to issue a proclamation.
AUDIENCE TO BE HEARD:
Ray Osborne, 209 Holman Road, inquired about the Council's opinion regarding a hotel
bedroom tax for city tourist revenue. Attorney Garganese clarified such a tax is under
county jurisdiction.
Joyce Hamilton, 110 Jefferson Street, inquired if the Council decided yes or no on the
event previously discussed for Friday, March 26, 2010. Ms. Apperson replied that she
did not record that as a consensus from the Council to move forward on that item. She
also stated Council would need to agree to allocation of funding. Discussion ensued
and included the budgeting of this item based on an allocation, estimating how much
the event would cost based on the number of guests to be invited, that being around
200 people; serving only light refreshments and snacks Mr. Lefever offered his services
to lead the planning of the event. A motion was made by Mr. Hoog and seconded by
Mr. Randels to approve taking up to $500.00 out of the City Reserves and host a
low cost, informal sunset event for the Art of Sand artists. The motion carried 4 -0
with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 16, 2010
Page 4 of 7
Ms. Walsh suggested the City of Cocoa Beach help to fund the security expenditures for
the Art of Sand event since the City of Cape Canaveral helped fund the fireworks for
their July 4 th celebrations last year. Council reached consensus for the Mayor to
approach the City of Cocoa Beach and ask their Commission for funding.
John Porter, 315 Holman Road, inquired about the status of the Visioning Committee.
Ms. Apperson confirmed the committee has not been formally sun -set and the
committee can expect some tasks coming their way after April.
John Johanson, 607 Manatee Bay Drive, expressed his opinion about comments made
at the last City Council meeting regarding the Art of Sand event, the BCA and the
Valiant Air Command, recommending the Council support making amends to the BCA.
CONSENT AGENDA:
Approve Resolution No. 2010 -04; Appointing a Second Alternate Member to the
Recreation Board (C. Hale).
2. Approve Special Alcohol Exemption Permit for American Legion Post #348
Annual Picnic; Manatee Sanctuary Park March 20, 2010.
3. Approve 2010 Ocean Lifeguard Agreement for $18,721.00.
4. Approve Fee Waiver and Special Alcohol Exemption Permit for Friday Fest, April
2, 2010.
A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve the
four Consent Agenda Items. The motion carried 4 -0 with voting as follows: Mr.
Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For
and Ms. Walsh, For.
CONSIDERATION:
5. Review and Approve Proposed Project Schedule regarding Preparation and
Events for City Manager Finalist Interviews.
Mayor Randels read Mayor Pro Tem Buzz Petsos' comment that he "supports the
scheduled city manager dates as presented ". Discussion ensued and included possible
meeting dates and times regarding the proposed project schedule and the Strategic
Planning Workshop Meetings (formerly Goals and Objectives Workshop). Council
reached consensus to approve the suggested schedule for city manager hiring
events, to cancel the 4:30 p.m. meeting for strategic planning on April 6th, 2010, to
schedule a 5:30 p.m. meeting for April 13, 2010 for strategic planning and to hand
out staffs proposal for the strategic plan at the April 6, 2010 City Council
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City Council Regular Meeting
March 16, 2010
Page 5 of 7
Meeting. Discussion ensued and included the schedule for the day of Saturday, April
17, 2010 and appropriate times for soliciting community feedback. A motion was
made by Mr. Hoog and seconded by Mayor Randels to approve April 6, 2010
through April 20, 2010 for city manager as scheduled. The motion carried 4 -0 with
voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
6. Review and Approve Change in Solid Waste Pick Up Schedule — Waste Pro
USA, Contractor.
Platt Loftis and Ted Ogelsby, representatives of Waste Pro, USA, addressed the
Council and explained the reason for the Company's request to make changes in the
solid waste schedule. Discussion ensued and included inefficiencies in the way the
current schedule has been run and the proposal to spread out pick -ups evenly Monday
through Friday; Waste Management's previous process; rear loaders and side -arm
loaders; flyers to be handed out door -to -door; creating two small zones to even out
these routes; condominium services to remain the same; wear and tear on the City
streets; safety issues with large numbers of people on the streets on Saturdays; e-
waste pick up would remain the same; clarification on residential versus commercial
pick up; the benefits of having recycling picked up two days a week. Council reached
consensus to bring back this item at the April 20, 2010 City Council Meeting
7. Ridgewood Avenue Improvements Project:
(a) Northward extension of Project toward Ocean Woods.
(b) Change Order # 1.
Public Works Assistant Director Jeff Ratliff specified the four proposed options for
Council to consider regarding the extension of the Ridgewood Avenue project northward
to the Ocean Woods subdivision. Discussion ensued and included obtaining an
easement, risk management, pros and cons of tree removal on the West side. A
motion was made by Mr. Hoog and seconded by Ms. Roberts to approve Option 3
(replace the existing sidewalk and pavement, put back what is already there and
obtain an easement to construct a pedway along the west side of the roadway).
The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem
Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
Mr. Ratliff continued on with the request for approval of Change Order No 1. Discussion
involved the Ridgewood Budget Summary as revised and handed out previously; the
formal process to amend the contracts; the grant being limited to $250,000 and only
covering 36 lights, the City will have to pay for the other 24 not included in this change
order; monitoring costs closely, loss of 2 days of work from rain but still within budget. A
motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Change
Order No. 1. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor
Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh,
For.
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City Council Regular Meeting
March 16, 2010
Page 6 of 7
8. Review and Approve Citizen's Request to Repair Deteriorated Trusses and Roof
at Neighboring Quad -plex Unit, Address 8740 Croton Court, Ocean Woods
subdivision.
Building Official Todd Morley explained the nature of the request for the City to fund the
repairs of this one unit. Ms. Sharon Harrell, the adjoining neighbor /homeowner, shared
detailed information about the steps she and her husband have taken with the City, the
homeowners' association, her insurance company and Chase Home Finance, LLC (the
mortgage holder of the vacant unit) to try and resolve the problem and the results of her
actions. Discussion ensued and included how the condition of the roof has now led to
the formation of black mold; steps taken to put a lien against the property by the Code
Enforcement Board; researching how to obtain neighborhood stabilization funds, other
possible steps the City can take and the legal procedural hurdles involved if the City
were to try to abate the problem. A motion was made by Mr. Hoog and seconded by
Ms. Walsh to extend the meeting to 10:30 p.m. The motion carried 4 -0 with voting
as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For;
Ms. Roberts, For and Ms. Walsh, For. City Attorney Anthony Garganese advised
Council the letter dated March 11, 2010 to the mortgage holder by Mr. and Mrs.
Harrell's attorney needs to take its course and there is no need for the City to send any
other notice to that mortgage holder. Council reached consensus for staff to
research neighborhood stabilization funds and schedule an update on the April 6,
2010 City Council meeting for any further action.
9. Review and Approve Removal of a Specimen Tree at 402 Jackson Avenue.
Mr. Morley explained the request and recommended removal of the tree. A motion
was made by Mayor Randels and seconded by Mr. Hoog to approve removal of
the tree. Discussion took place regarding the Gumbo Limbo tree and how the City will
not be responsible for its removal. The motion carried 4 -0 with voting as follows: Mr.
Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For
and Ms. Walsh, For.
10. Review and Approve Process to Establish a Community Redevelopment Agency
as requested by the Business and Cultural Development Board.
The process to establish a Community Redevelopment Agency, a CRA, was presented
by Planning and Development Director Barry Brown and he requested Council give staff
direction to go to the Brevard County Commission for approval to move forward with the
creation of a CRA. Discussion ensued and included the tasks and the timeline
presented on a flow chart to accomplish the creation of a CRA, how 75 days would be a
realistic amount of time to prepare to present to the County, the variables and other
parties involved after that task is done. A motion was made by Ms. Roberts and
seconded by Ms. Walsh to move forward with the creation of a CRA. Discussion
ensued and included increases in property values and ad valorem taxes the City
City of Cape Canaveral, Florida
City Council Regular Meeting
March 16, 2010
Page 7 of 7
imposes for library, beautification, police and fire protection; assessments and how the
funds flow into the CRA and reimbursements to the City. A motion was made by Ms.
Walsh and seconded by Ms. Roberts to extend the meeting an additional 5
minutes. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro
Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
The motion to move forward with the creation of a CRA carried 4 -0 with voting as
follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
ORDINANCE: Second Public Hearing:
9:00 p.m. — 9:30 p.m.
11. Motion to Adopt: 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, at second reading.
Attorney Garganese read the title of the ordinance. A motion was made by Ms.
Roberts and seconded by Mr. Hoog to adopt Ordinance No. 03 -2010 at second
reading. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro
Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
There being no further business, the Meeting adjourned at 10:33 P.M.
Mia Goforth, Acting City Clerk
Rocky Randels, MAYOR
SEAL of Cape Canaveral, Florida