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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, City of Cape Canaveral, Florida 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 City of Cape Canaveral, Florida 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. City of Cape Canaveral, Florida 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