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HomeMy WebLinkAboutMinutes 04-20-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY April 20, 2010 7:00 PM MINUTES 11 CALL TO ORDER The Chair called the Meeting to Order at 7:03 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Treasurer Andrea Bowers City Attorney Anthony Garganese Assistant Public Works Director Jeff Ratliff Parks & Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Sheriffs Department Commander Alan Moros PRESENTATIONS: Brevard County Sherifrs Office — Recognition of Deputy of the Month and Sergeant Joanna Seigel Canaveral Precinct Commander Alan Moros recognized five (5) Deputies of the Month. He read the incident report detailing how Sergeant Kelly Simpkins, Corporal Mike Mazzone and Deputies Robert Aoun, Jason Holmes, and Kelly McCarty handled a trailer park fire located at 8817 North Atlantic Avenue; Commander Moros also presented a Certificate of Appreciation from the City of Cape Canaveral to Sergeant Joanna Seigel for her service to the City. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2010 Page 2 of 7 REPORTS: Community Development Department Building Official Todd Morley reported the owner of Izzy's Bistro approached the City to make payments on Sewer Impact Fees. He explained this would require a resolution of the Council and he will bring the proposal forward at a future City Council Meeting. Mr. Morley updated the Council on the property located at 8740 Croton Court, stating the attorney representing the property owner is in the process of preparing to file an emergency injunction against Chase Mortgage to fix the roof. Mr. Morley informed the Council how the new Outdoor Entertainment Ordinance is working out very well. However, groups who represent events such as the American Legion Cancer Walk and the Walk for Bibles do not feel as if they qualify under this ordinance. Mr. Morley recommended exemption for future events such as these. Council reached consensus to view such events, by policy, as exempt from the Outdoor Entertainment Ordinance permit fees. Planning and Development Director Barry Brown reported the East Central Florida Regional Planning Council ( ECFRPC), the group that led the City Visioning last year, released a draft of the 2060 Strategic Regional Policy Plan. The hope is this plan will guide land use developments in the sixty -eight (68) local governments in the six (6) county region. Mr. Brown informed that the ECFRPC will be holding workshops Adw throughout the region to present the plan. The workshop for Brevard County is scheduled for Tuesday, April 27, 2010 at 3 p.m. Mayor Randels stated he would try to get copies of the Executive Summary from this workshop for Staff. Acting City Manager Acting City Manager Angela Apperson updated the Council on the status of the City computer upgrade and stated the project is on time but approaching the point where the City could run over budget; City Hall and the Community Development Department are up and running with minor technical issues; everything is going well and staff is pleased. Discussion ensued and included how much the Tower installation portion is over budget, the need for more robust wind loads and the possible use of impact fees. Business and Cultural Development Board Chairperson Joanne Muncey thanked Council for their redirection at the strategic planning workshop and stated the B &CDB is willing to work with Council on possible re- alignments of the Advisory Boards; Ms. Muncey reported the B &CDB recognized Board Recording Secretary Kim McIntire at their last meeting. City Historian Mr. Ray Osborne reported he met with the Advisory Boards to proceed in the direction of building the historical markers and the next step is to price them out and find funding. Discussion ensued regarding Historical Preservation and the City's Strategic Planning going forward; researching federal, state and local grants, sponsorship and keeping costs low; presenting the City as a museum with bike trails and native species of plants. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2010 Page 3 of 7 Mr. Osborne shared the Oak Lane Log Cabin history and the property owners P ' ossible interest in donating the cabin to the City under certain circumstances. Consensus was reached to support the possible acquisition of the Log Cabin located on Oak Lane and to provide the City Historian with Staff support for research if needed. CONSENT AGENDA: 1. Approve Alcohol Exemption Permit for family reception on May 15, 2010 from 1:00 p.m. — 6:00 p.m. at Manatee Sanctuary Park. 2. Approve Alcohol Exemption Permit for the City of Cape Canaveral Friday Fest Street Party on May 7, 2010, waiving any and all fees. 3. Approve Award Bid for Racquetball Court Lighting Project to Florida Co -Op in the amount of $8,144.50. 4. Approve Letters requesting support for the Kennedy Space Center 2011 Budget. 5. Approve Fee Waiver for Outdoor Entertainment Event for American Legion Cancer Walk on June 6, 2010. Ms. Roberts requested withdrawal of item number four. Ms. Apperson explained the need to re -work the draft letter and confirmed it would be ready for the Mayor to take to Washington, DC in May. A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda Item Numbers one, two, three and five. 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. ORDINANCE: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 05 -2010, Amending Chapter 110, Zoning, of the Code of Ordinances; Providing a Definition of "Child Care Facility"; Providing that Child Care Facilities May Be Permitted By Special Exception in the R -2 Medium Density Residential District Subject to Certain Conditions; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at second reading. The City Attorney read the title of Ordinance No. 05 -2010. Discussion ensued and included the plan, as explained by the Palms East Apartments property owner, to place a child care facility in a space that is storage now; plan going forward to donate the space to the operator; nominal overhead and ability to offer daycare at half the going rate; child care before and after school and some Saturdays; overseeing the plan; and fire codes. A motion was made by Mayor Pro Tern Petsos and seconded by Ms. Roberts to approve Ordinance No. 05 -2010, at second reading. The motion carried City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2010 Page 4 of 7 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION /DISCUSSION: 7. Selection of the New City Manager. Mayor Randels gave a brief summary of the process that led up to the selection of a new city manager and stated the consulting firm of Colin Baenziger and Associates is present tonight. After the Council's decision, contract approval is anticipated by May 4, 2010. A motion was made by Council Member Hoog and seconded for discussion by Mayor Randels, to put Angela Apperson in as the City Manager. Discussion ensued and included the accomplishments made by Acting City Manager Apperson in the last five months; possibly having Ms. Apperson serve as a Deputy City Manager and be mentored by the individual Council selects as the new city manager; the City's readiness for new techniques and practices; the need for a city manager with economic development and detailed financial backgrounds; the need to interview Ms. Apperson in the same manner as the other candidates. Ms. Apperson thanked Council for their confidence in her abilities. She explained how she came to desire the position of City Manager, her experience and accomplishments SW in the past for the City of Flagler Beach, and how she would conduct the job if she were to become City Manager for the City of Cape Canaveral. City Attorney Garganese advised Council to have the appropriate documentation; Council has discretion to hire from within at any time and it is appropriate tell other candidates, professionally, that Council has decided to hire from within. More discussion ensued and included the need for completion of criminal and civil background checks, updating of resume and additional references needed from Ms. Apperson and gathered by Colin Baenziger; input from community members present regarding pros and cons of adding Ms. Apperson as another candidate. Council reached consensus to withdraw the motion on the table, postpone selection of the New City Manager, include Acting City Manager Apperson as a candidate for City Manager, requiring the same background check requirements and interviewing process, and schedule a Special City Council Meeting on April 24, 2010 at 10 a.m. as a formal public interview of Ms. Apperson: 8. Motion to Accept the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year 2008/09. Audit Manager Yvonne Clayborne and Audit Director Jill Reyes of the Certified Public Accountants firm McGladry & Pullen presented the 2009 Certified Annual Financial Report (CAFR). Discussion ensued and included the advice of the firm to the Council to form an Investment Advisory Committee and the Charter Review Committee's recommendation to form a Financial Oversight Committee; post employment benefits; prior year recommendations that need approval; Action Tracking System. A motion City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2010 Page 5 of 7 was made by Ms. Roberts and seconded by Ms. Walsh to accept the 2009 Certified Annual Financial Report as presented. 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. 9. Motion to Approve Parking Meter Implementation at the City's Beach End Streets. City Treasurer Andrea Bowers gave a brief overview and presentation outlining Parking Meters as a potential revenue stream for the City and what that would entail. Discussion ensued and included issuance and cost of a decal for citizens of the City; the majority of beachgoers being from out of town; administrative time in the finance department; the Sheriffs Office has offered their services; the choice of credit card meters; collections for costs; a coin counter must be maintained in a secure location; the hope that coinage would be reduced due to the credit card option; a large number of tickets go to car rental companies and are never paid. Council reached consensus for Staff to further investigate Parking Meters. 10. Motion to Approve Awning Purchase for Youth Center. Parks and Recreation Director Robert LeFever explained this item was generated through funds allocated by Sheriff Parker for the Canaveral Youth Center. He further explained they tried to expand upon the idea by creating more usable space and cover the entire deck. Mr. LeFever confirmed the Directors of the Police Athletic League (PAL) are aware of the option being presented to have them fund half of the total cost of $3,837.91. Commander Moros confirmed the structure would have to be hurricane compliant. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve the purchase of an awning for the Canaveral Youth Center in the amount of $1,918.95, Option 2, and waiving of permit fees. 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. 11. Motion to Review and Approve Final Transit Shelters/Transit Benches/Trash Containers Design. Assistant Public Works Director Jeff Ratliff reported he and Mayor Randels met with the Florida Department of Transportation (FDOT) and will be meeting with Space Coast Area Transit (SCAT) to finalize the project details. He informed Council that SCAT has the funds for all city locations approved by Council last year. Discussion ensued and included aluminum roofing will be used for the shelters; bench design to keep people from sleeping on them; six locations for shelters; and the choice to go with smaller trash cans with no city seal. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve the Final Transit Shelter/Transit Benches/Trash Containers Design. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2010 C W Page 6 of 7 Mayor Pro Tem Petsos, For; Mayor Randels For; Ms. Roberts For and Ms. Walsh For. 12. Motion to Approve: (a) Termination of Contract Between the City of Cape Canaveral (City) and Professional Diversified Services, Inc. (PDSI) for Mowing and Maintenance; (b) A New Contract between the City of Cape Canaveral and Nick's Professional Lawn Maintenance; and (c) A New Public Bid for the City's mowing contract to take effect July 1, 2010. Mr. Ratliff explained the serious problems the City is having with this contractor and there is not enough staff or time to oversee that they carry out their work. Ms. Apperson affirmed the contractor had been put on notice and clarified last year's bid package will be used. Mr. Ratliff confirmed the new bid package is ready to go. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve Termination of Contract Between the City of Cape Canaveral (City) and Professional Diversified Services, Inc. (PDSI) for Mowing and Maintenance; a New Contract between the City of Cape Canaveral and Nick's Professional Lawn Maintenance; and a New Public Bid for the City's mowing contract to take effect July 1, 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. 13. Review and Approve Change in Solid Waste Pick Up Schedule — Waste Pro USA, Contractor. Mr. Ted Oglesby and Mr. Platt Loftis explained the reasoning behind Waste Pro USA's request for the schedule change in solid waste pick up for the City. Discussion ensued and included pros and cons of the change; alternate schedules; yard waste and recycling issues. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to extend the meeting until 10:30 p.m. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. More discussion continued regarding Notice to residents about the new schedule, manpower limitations; no change for commercial properties or condominiums. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Walsh to approve the change in Solid Waste Pick Up Schedule for Waste Pro USA. 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. 14. Motion to Approve: (a) Demolition of structure located at 6395 N. Atlantic Avenue (a.k.a. old Azteca Restaurant). (b) Demolition of structure located at 290 Cape Shores Circle. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2010 Page 7 of 7 Building Official Todd Morley explained this item comes to the Council as a Code Enforcement Board recommendation from their meeting in January 2010 and updated everyone on what has happened since then regarding foreclosure proceedings initiated on the property. City Attorney Garganese informed the Council this property is now subject to bankruptcy proceedings and action could not be taken in his opinion. Discussion ensued and included the pros and cons of accumulation of fines for the $250 /day retroactive lien and the demolition of the structure on the property; the property owner has obtained demolition permits. Property owner, John Porter, explained what has happened to the property and his plans for the future. A motion was made by Mayor Randels and seconded by Mr. Hoog to extend the meeting an extra 15 minutes. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. More discussion continued regarding the history of the situation regarding this property. Attorney Garganese advised the item is moot unless the Council takes action in bankruptcy court to demolish the property pursuant to the order. He stated Council may want to let Mr. Porter see if he can proceed to accomplish the same action in court and if an unreasonable amount of time goes by and the Council could consider intervening at that point, seeking to enforce the Code Enforcement Board Order. He further explained that as long as Mr. Porter is in bankruptcy court and there is an automatic stay, the City cannot proceed against the property, noting there are Federal penalties for intentionally violating automatic stays. He further emphasized he will not advise Council to intentionally violate the stay. Attorney Garganese clarified the purpose of an automatic stay as acting as a shield against creditors and government agencies seeking to enforce orders in Chapter 11 bankruptcy proceedings. Mr. Morley stated he would inform the Code Enforcement Board of tonight's meeting and will keep the City Council informed of any changes as he hears them. Council reached consensus to remove the item from tonight's agenda. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:41 P.M. Rocky Randels, MAYOR Mia Goforth Acting Clerk SEAL of Cape Canaveral, Florida