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HomeMy WebLinkAboutMinutes 05-04-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY May 4, 2010 7:00 PM MINUTES 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 Council Member Shannon Roberts Council Member Betty Walsh Council Members Absent: Mayor Rocky Randels 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 Parks & Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Sheriff's Department Commander Alan Moros City Engineer John Pekar PRESENTATIONS: Cape Canaveral Appreciation of Retired Employees — Larry McCormack and Melton Taylor City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 2 of 8 Public Works Director Walter Bandish honored two retired employees from the Public Works Department, Larry McCormack and Melton Taylor. With Mr. Taylor being in attendance, Mr. Bandish related the story of his history knowing Taylor. Mayor Pro Tem Buzz Petsos then presented Mr. Taylor with a plaque honoring his 18 1/2 years of service in the Cape Canaveral Public Works Department. The Council then expressed its gratitude to Mr. Taylor, and Mr. Taylor then gave a short speech thanking the City. REPORTS: City Historian Mr. Ray Osborne reported on the progress of the Historic Marker Program project. Mr. Osborne discussed the possibilities of holding a "Jeannie Day ", an event to celebrate the anniversary of Barbara Eden visiting Cape Canaveral. Mr. Osborne stated that such an event could be used to raise funds for an Historic Preservation Fund, and also to promote the City of Cape Canaveral itself. Discussion ensued & included how the City of Cocoa Beach would react to Cape Canaveral holding a "Jeannie Day ", suggestions made for Mr. Osborne to approach Cocoa Beach with the possibility of both cities co- sponsoring such an event and splitting proceeds; and possibly building a bridge between the two cities for future projects and sharing the Historic Marker Program project. The Council reached consensus to hear a future report from Mr. Osborne on Cocoa Beach's reaction to such an offer. Planning & Development Director Mr. Barry Brown discussed regional planning, including the types of planning that are required by Florida Statute. Mr. Brown stated that the current growth demand in the City of Cape Canaveral could be met. Mr. Brown also relayed Regional Council Planning, and how it would be looking at local government plans, but that there are no mandates for local governments to comply. Mr. Brown then discussed how the state legislature is dealing with regional planning, in what ways it has failed, and what it has yet to resolve. Acting City Manager Angela Apperson and Mr. Brown reported that they will be staying current on the Federal Government's grant program for regional planning, and any related legislation, and will update the Council in future meetings. Public Works Director Mr. Walter Bandish updated the Council with respect to Aquifer Storage Recovery and status of the contract negotiations with Cocoa Beach in regards to using reclamated water for possibly the next 18 years. Mr. Bandish also updated the status of the solar - panel sign on the south end. Discussion ensued & included the reliability of solar - powered lights and lighted signs, using examples from neighboring cities; budgetary concerns, styles, and locations of signs were also verbalized. The decisions on these matters have been left to the Council. Recreation Director City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 3 of 8 Mr. Robert Lefever reported on the Friday Fest, weight -loss and nutrition seminar, Cocoa Beach High School intersquad scrimmage, Parents Night Out, Movie in the Park, and Summer Camp. Ms. Roberts requested a report on the Art of Sand event, along with Lessons Learned and recommendations for the next year. CONSENT AGENDA: 1. Approve Regular City Council Meeting Minutes of 03 -02 -2010 2. Approve Revised Letters requesting support for the Kennedy Space Center 2011 Budget 3. Approve Proclamation Recognizing May 2 — May 8, 2010 as Municipal Clerks Week. Ms. Apperson requested to remove item number two. Ms. Apperson explained that there are two options for item number two which require more discussion. A motion was made by Mr. Hoog and seconded by Ms. Roberts to approve Consent Agenda Item Numbers one and three. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. Ms. Apperson gave two options for dealing with item number two, and the Council reached consensus to go with the second option. A motion was made by Ms. Roberts and seconded by Ms. Walsh to approve revised Consent Agenda Item Number two. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Walsh, For; and Ms. Roberts, For. CONSIDERATION /DISCUSSION: 4. Selection of the New City Manager. Ms. Apperson left the room as she was a candidate for the position. With Mayor Randels not present, the Council reached consensus that this decision was too important to be voted on with a missing Council Member. A motion was made by Mr. Hoog and seconded by Ms. Roberts to table this issue until the next Regular Council Meeting. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. 5. Consider appointments to myregion.org East Central Regional Board of Advisors. C W Ms. Apperson suggested appointing the new City Manager, whoever that will be, the Planning & Development Director, and three members of the Business & Cultural City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 4 of 8 Development Board that volunteered: Shawn Painter, Lori Peppers, and Paul Pritchard. On which of the three B &CDB volunteers would be the primary and alternate members, Ms. Apperson suggested a rolling membership, and will report back on the issue at the next Meeting. The Council reached a consensus to accept Ms. Apperson's suggestion. Ms. Roberts discussed the geographical region in which Cape Canaveral had been placed, and also suggested keeping tabs on how Melbourne is dealing with this project. 6. Consider Letter Regarding Parking at McDevitt Properties, LLC. Ms. Apperson explained the location of the McDevitt Properties parking area and had Mr. McDevitt introduce himself. Mr. McDevitt described the problems with attendees of the City's Friday Fest using his parking lot, causing higher wear and tear than his parking lot is designed for. Mr. McDevitt offered to give the City use of his parking area for the Friday Fest for a rental fee. Discussion ensued and included blocking -off Taylor Avenue at the intersection with A1A, thereby preventing Friday Fest attendees from accessing Mr. McDevitt's parking lot. Sheriffs Department Commander Alan Moros stated that he would need to assess the possibilities of blocking access to the parking lot from the street, and can then make a recommendation to the Acting City Manager. The Council reached a consensus to have staff make a quick assessment, and then address this issue later in the evening. Staff returned with the assessment. Commander Moros stated that blocking off the street should have no issues. Discussion ensued about Mr. McDevitt's right to charge for parking in his lot, under City ordinance. The Council reached a consensus to temporarily block off access to Mr. McDevitt's lot during the next Friday Fest and have the Community Development Department staff investigate what legal rights Mr. McDevitt has, in regards to charging for people to park in his lot after business hours. 7. Consider Implementation of a Fleet Management Program for City Vehicles. Mr. Bandish reported the issues related to maintaining the fleet of City vehicles. Ms. Apperson stressed the need for consistency in maintaining the fleet of City vehicles, in regards to location of repairs and their cost. Mr. Bandish articulated the possible necessity of acquiring a full -time mechanic on staff for most mechanical work in the future. Discussion then went to hiring a specific repair shop to handle the duties of maintaining the fleet of City vehicles, including the bids received from three local repair shops. A motion was made by Ms. Walsh, seconded by Mr. Petsos, to use Economy Muffler as recommended by staff. Discussion ensued about the cost of labor, breakdowns in the quotes and flat rates, giving preference to businesses within the City, and having trustworthy relationships with both Dave's Beach Auto and Economy Muffler. An audience member commented on staying with a Cape Canaveral business. The motion was defeated 0-4 with voting as follows: Mr. Hoog, Against; Mayor Pro Tem Petsos, Against; Mayor Randels, Absent; Ms. Roberts, Against; Idw sw and Ms. Walsh, Against. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to enter into an agreement with Dave's Beach Auto. Discussion ensued in City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 5 of 8 regards to this agreement being on a temporary basis to et an idea of what the costs will be on a regular basis. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. 8. Consider Ridgewood Avenue Improvements Project Northward Extension and requests approval for: 1) Change Order #2 to Brewer Paving and Development, Inc; and 2) Additional funds to Stottler Stagg and Associates, Inc for additional drawings. Jeff Ratliff and Ms. Apperson discussed a pedway the City wants to build on the Northward Extension, but such pedway requires an easement agreed to by the Ocean Woods Home Owners' Association (HOA). The most recent official response from the Ocean Woods HOA was that the City would not be allowed the easement. However, Donald Dunn, Vice - President of the Ocean Woods HOA, presented a letter in favor of the easement. Discussion then moved on to the difficulty of building an 8 -foot pedway, as there are large oak trees in the way that the residents would rather not lose. Mr. Ratliff presented two options of (1) narrowing the pedway near the trees from 8 -feet to 4 -feet, or (2) moving the roadway to make room. Discussion ensued about the two options, along with the bid from the contractor, the eastside sidewalk's condition, and costs from Brewer in regards to the pedway. The Council reached a consensus to hold off on this issue until the HOA meets and the contractors come back with the additional costs of the pedway. A crack in the newly -built sidewalk at Ridgewood was discussed. City Engineer John Pekar stated that testing on the sidewalk and its results will be presented to the Council at a later date. 9. Provide direction related to the location of next year's Space Coast League of Cities Monthly Meeting Hosted by the City of Cape Canaveral. Ms. Apperson requested direction as to whether next year's Space Coast League of Cities ( SCLOC) dinner should go back to the Radisson or to hold it at Manatee Park again. Discussion ensued regarding the possibility of a backup plan using a larger tent with tables if there is a rain -out, getting awnings in the cooking area, borrowing canopies from the Recreation Department, and the subject of parking. The Council reached a consensus to continue hosting the SCLOC annual dinner by the City at Manatee Park. 10. Discussion and provide direction related to: 1) Funding for Stottler Stagg and Associates to Prepare the Stormwater permits applications (and associated work) for Manatee Sanctuary Park and Banana River Park; and 2) Proposed Alternative Stormwater Improvement Project to the St. Johns River Water Management Department in Lieu of Payment of Fine. City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 6 of 8 Mr. Ratliff addressed the Stormwater permit issues that have arisen since the building of Manatee and Banana River Park. Discussion ensued as to why a master plan for either park was never done, as to if a Stormwater master plan done at the same time as filing for Stormwater permits would be the cheapest option for the City, or if that would lead to additional costs associated with St. Johns River Water Management (SJRWM) requiring more work on drainage and swales. Mr. Ratliff described the "Lessons Learned" from this situation, as the City now requests face -to -face meetings with SJRWM and also in writing after the fact. Discussion ensued on what ways miscommunication and confusion may have existed between the City and SJRWM in the past, how the City is now "over the barrel" and is absolutely required to come into compliance now, and also how building the parks piece -by -piece and SJRWM never seeing the parks as a whole in the past could be some of the factors in the permit violation not coming up until now. The Alternative Plan to avoid the fine would have to amount to the City spending $6700 or more in local water management around the City. City Engineer John Pekar stated that the City will have to do topography of both parks, showing rainfall, infiltration, and possible minor grading; the topography work will be useful for any and all future related projects and development. Hydrologic modeling will also have to be done. The Council expressed concern about SJRWM, after the fact, requiring more additional work to be done by the City. Discussion also detailed learning lessons from this situation and to change the way parks are planned over time. A motion was made by Ms. Roberts, seconded by Ms. Walsh, to approve the Alternative Plan in lieu of the fine, to be paid for 100% out of the Stormwater Fund. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. 11. Discussion of Adoption of the International Property Maintenance Code. Mr. Morley read a survey from other cities as to why they haven't adopted the 2009 International Property Maintenance Code (IPMC), detailing the responses from other jurisdictions. The responses varied from a couple cities adopting an unaltered IPMC and a number adopting some parts of the IPMC without adopting the whole Code. Mr. Morley then detailed the modified versions of the IPMC that two other cities have adopted. Mr. Morley expressed favor in adopting the 2009 IPMC, as Cape Canaveral still uses the 1998 version. Discussion ensued regarding how West Melbourne had not adopted the IPMC in any aspect, and how they elected to create their own original code, and how Melbourne Beach is also creating their own code based on the 2006 IPMC. Cocoa Beach will be adopting the 2009 IPMC. Mr. Morley stated that if Cape Canaveral had the 2006 IPMC rather than the 1998 IPMC, he would not be proposing this item for consideration. Mr. Morley also stated that the City Attorney could possibly craft a more elegantly- modified version of the 2009 IPMC than other cities have done. City Attorney Anthony Garganese explained how he has done similar things to this before, and why cities make amendments and strike provisions to the IPMC. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to have the City Attorney draft a version of the 2009 IPMC for the City of Cape Canaveral, and to draft an ordinance revising City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 7 of 8 Section 82.221 with the appropriate staff- recommended modifications to eliminate conflicts. Discussion ensued regarding the reasons it has been difficult to consider adopting new codes in the past. The motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; Ms. Roberts, For; and Ms. Walsh, For. REPORTS: 12. Council. Ms. Walsh questioned the status of the Volunteer Program. Ms. Apperson responded that the issue has still been set aside while other issues that have risen to the surface are being tackled. Ms. Apperson explained that the program needs to be more intensive and clear in its benchmarking before being presented to the Council. Discussion also included the status of an illegal mobile beach vendor, with Mr. Petsos stating that the vendor was spotted again and reported to Commander Moros. The status of a mammoth grouper that washed up on shore was also brought up in discussion. Ms. Roberts discussed issues related to oil from the Gulf possibly "coming our way ", including preparations that are taking place, with the Brevard Emergency Operations Center taking the lead. The "State of the Port" meeting was then mentioned. Ms. Roberts stated that she will go back to the Port with Council approval. Ms. Roberts also discussed complementing Team Orlando with Team Space, to see if something may come out of that. Ms. Roberts then opened up discussion about the large amount of "Resort Rentals" advertising prevalent throughout the City, including effective ways to enforce advertising code, and getting the City involved to help with this problem. Mr. Morley asked if the information and advertisements could be emailed to him to look into the problem. Other advertising issues include off - premises and temporary signs that are popping up everywhere, and whether they could be regulated and enforced more. Mr. Petsos inquired as to the status on Mr. Brown's work on Evaluation and Appraisal (EAR) -based amendments. Ms. Apperson reported that Mr. Brown had been working together with Alice Filteau on the issue, but she had to withdraw her assistance for personal reasons. Ms. Apperson will get the newest update from Mr. Brown to the Council as quickly as possible. According to City Attorney Garganese, this delay has missed the extended period and could cause the City to fall out of compliance in regards to shared - revenue with the State, and that the City should get this completed expeditiously. If home rule legislation passes, the City is in big trouble, and that the County Commissioners might not want to approve the Community Redevelopment Agency. Ms. Walsh mentioned the accreditation of the Building Department. Mr. Morley stated that without direction from a new City Manager, and without an adequate number of staff, they will not be able to hit the marks to attain the accreditation. Ms. Walsh inquired about the City of Cape Canaveral, Florida City Council Regular Meeting May 04, 2010 Page 8 of 8 Art of Sand. Ms. Apperson stated that she would get the relevant information from Cocoa Beach and report back to the Council. Ms. Roberts requested information be provided to Council regarding the Mayor's trip to Washington D.C. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:55 P.M. Rocky Randels , MAYOR Mia Goforth, Acting City Clerk SEAL of Cape Canaveral, Florida