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HomeMy WebLinkAboutMinutes 06-01-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY June 1, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:01 P.M. ROLL CALL: Council Members Present: Mayor Rocky Randels Council Member Bob Hoog Council Member Shannon Roberts Council Member 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 Parks & Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Assistant Fire Chief John Cunningham Sheriffs Department Commander Alan Moros Sheriff's Department Lieutenant Mike DeMorat PRESENTATIONS: Brevard County Sheriffs Office — Recognition of Deputy of the Month Commander Alan Moros honored two Deputies, Raul Guerra and Jason Holmes, for their work in preventing a young man from harming himself through quick investigation City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 2 of 7 of the situation and quick action in finding him. Commander Moros read an excerpt of a letter from the young man's parents, thanking the Sheriff's Office and the Deputies involved. Interview of Prospective Board of Adjustment Alternate Member City Attorney Anthony Garganese conducted a public interview of Arvo Eilau. The Council proceeded to ask Mr. Eilau additional questions to get an idea of his background and interest in volunteering for a City Board, then formally welcomed him to the City and thanked him for his volunteering. REPORTS: City Manager Ms. Apperson reported the compilation of staff's evaluations of priorities. She requested setting a date for a Workshop meeting to discuss the priorities in planning and establishing a budget for the immediate year and planning for the years ahead. Council reached consensus to hold a Workshop meeting to discuss the priorities on June 15th at 5:30PM. Ms. Apperson then articulated the City of Cocoa's projected water rate hikes, 9% in July and 8% next January, and asked what the Council would like her to report on their behalf when she attends Cocoa's Public Hearing on June 8th. Discussion ensued and included the impact on the City of Cape Canaveral's budget, the size of and reasons for the proposed rate increases, the impact on condominium owners, and budgetary problems with changing rates mid -year. Council reached consensus to have Ms. Apperson speak on their behalf at the upcoming City of Cocoa Public Hearing on June 8th to expand on her first point at the Hearing by adding the specific impact the rate increase will have on condominium complexes, and to ask the City of Cocoa if they can get Federal or State funding to help with their costs. Sheriffs Department Commander Moros mentioned the possibility of entering into an interlocal agreement with the unincorporated area known as Avon -by- the -Sea to provide law enforcement services from the Cape Canaveral Precinct. Discussion ensued and included manpower concerns, call loads, Cape Canaveral Precinct Deputies already responding to top priority calls rather than Merritt Island Precinct Deputies, trying the interlocal agreement for a year, and losing Port funding for the Cape Canaveral Precinct in the near - future. Council reached consensus for the Sheriffs Office to continue the planning stages of an interlocal agreement. Commander Moros then briefly mentioned the Police Athletic League Flea Market at the next Friday Fest. Lieutenant Mike DeMorat reported on beach vending and how the mean -high water line, or "wet sand" area of the beach, falls under jurisdiction /ownership of the State of Florida, which has no mechanism for enforcing laws relating to vendors on the wet sand. Discussion ensued City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 3 of 7 and included exceptions to the mean -high water line jurisdictional issues and other ways to enforce the vendor laws. City Attorney Garganase was requested to investigate the matter further, along with continuing to speak with Submerged Lands Program personnel in regards to this situation. Community Development Building Official Todd Morley reported on 8740 Croton Court, updating that the owner's attorney was successful in getting Chase to pay for the repairs in addition to punitive damages. However, there has been no permit filed at this time. City Historian Ray Osborne reported that the owners of 120 Oak Lane, who may want to sell their property, have indicated that they would be willing to donate the historic 1920's Chandler log cabin, located on the property, to the City. Discussion ensued and included the cost of moving the cabin and the possible locations where it could be placed. Council reached consensus to place this discussion as an agenda item for a future meeting after more information has been gathered on preliminary figures and more history of the structure. Mr. Osborne also mentioned a possible City register of historic properties and an update on the Jeannie Day in June, including Cocoa Beach having no proprietary rights on the event, withdrawing any notion that the event will be an official City Council event, and that Mr. Osborne, himself, will take over the event. Public Works Public Works Director Walter Bandish reported on Washington Avenue and its related repair needs. Ms. Apperson stated that two other roads in question, Church Lane and Columbia Drive, were found to be substantially sufficient in condition, a statement which Mr. Bandish confirmed. Discussion in regards to Washington Avenue ensued and included the conditions of the road, any possible recourse to fix the road, and amending the agreements with Brewer Paving and the Ridgewood contractors. Council reached consensus to have Ms. Apperson explore the cost of fixing Washington Avenue along with quotes for the other two roads and using Brewer Paving as part of the Ridgewood project and to schedule further discussion of this issue for later. Parks & Recreation Parks & Recreation Director Robert Lefever reported on the racquetball court lighting project reaching completion at $2000 under budget, construction on the awning of the Youth Center being completed, gratitude to Commander Moros in lining up an excellent contractor for the awning project, and the upcoming Friday Fest. City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 4 of 7 City Attorney Attorney Anthony Garganese reported on the ongoing inspection situation at Royal Mansions, a letter regarding updated sewer easements at Harbor Heights, and an update about the concrete in the Stormwater pipes that was discussed at the last meeting. Mr. Garganese went on to discuss the hard work staff had done in gathering information on the concrete in the pipes, an eyewitness specifically identifying which contractor's trucks were washing concrete into the pipes, a plan to send a letter of demand to the contractor advising them of the repair work the City is going forward with, asking for the contractor's insurance information, and to put them on notice to preserve any and all evidence related to the situation. Council reached consensus to support the letter of demand. AUDIENCE TO BE HEARD: Leo Nicholas, resident, expressed concerns on City of Cocoa Water raising its rates by 17% over a six -month period and how much the residents of Avon -by- the -Sea would be paying if they received police services from the Cape Canaveral Sheriff's Precinct. Ms. Apperson clarified a few points in regards to Cocoa Water and stated that information would need to be gathered on how much the residents in Avon pay for police services. The Council thanked Mr. Nicholas for fixing the portrait of a former Cape Canaveral Mayor. An audience member requested more information on the Cocoa Water budget and Ms. Apperson responded with ways she could provide them the relevant information. David Schirtzinger, of 314 Surf Drive, inquired about cars parking in City rights -of -way on Ridgewood Avenue. He mentioned talking about the issue with Ms. Apperson and Commander Moros and taking photos of the areas in question. Discussion ensued and included the lack of a relevant City ordinance for parking on grass strips and interest in creating an ordinance. Commander Moros stated that there are applicable ordinances and statutes against blocking or parking on the pedways and sidewalks and that vehicles are continuing to be cited for those infractions. Council reached consensus to have City Attorney Garganese draft a City -wide ordinance on parking in City rights -of -way. CONSENT AGENDA: 1. Approve Resolution No. 2010 -08; Appointing Second Alternate Member to the Board of Adjustment, Arvo Eilau 2. Approve Proclamation Recognizing June 6, 2010 through June 12, 2010 as Management Week as requested by the National Management Association City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 5 of 7 A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda items 1 and 2, and to read aloud the Proclamation in item 2. The motion carried 4 -0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Mayor Randels read aloud the National Management Association Management Week Proclamation; Ray G. Polniak of the United Space Alliance spoke of the Associations. CONSIDERATION /DISCUSSION: 3. Approve Contract and Salary for David L. Greene as City Manager of the City of Cape Canaveral as Presented by Colin Baenziger and Associates. Colin Baenziger of Colin Baezinger and Associates introduced himself, discussed David L. Greene having been chosen by the Council at the last meeting, and Mr. Greene being in the room at this meeting for this phase of the discussion. Discussion ensued and included how to come to an agreement on provisions of the contract, how to proceed, City Attorney Garganese distributing comments by Mayor Pro Tem Petsos as he was too ill to attend this meeting, and salary and other benefits considerations. Mr. Greene discussed what he felt would be an appropriate salary for his position and years of relevant experience, understanding the effects of the current economy, stating his absolute minimum acceptable salary, difficulty in finding a suitable residence within the City at the time, his preferences in regards to a retirement account, and that he would withdraw himself from consideration for the position of City Manager if the Council cannot agree to his requested base salary amount. Council Discussion ensued and included the Council reiterating their individual opinions on salary, Mr. Greene discussing the challenges the job will present him that he is prepared for, and the "return on investment" in hiring Mr. Greene over other candidates. A motion was made by Ms. Roberts and seconded by Mayor Randels for Mr. Greene's salary to be $99,500, with $350 /month car allowance, and a performance review in six months. The motion carried 3 -1 with the voting as follows: Mr. Hoog, Against; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion ensued and included Mr. Greene's plans on where to live, how and when he intends to begin working for the City, contract issues such as severance and vesting, and considerations for Mr. Greene's moving costs. Council reached consensus to get 3 bids on the moving costs, to be capped at no more than $5000. 4. Approve Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch — Renewal of Contract (with Black's Spray Service) for an Additional Year of Service. Assistant Public Works Director Jeff Ratliff stated that City staff is very happy with Black's Spray Service, the low bidder, in regards to the work they have done in the past year. A motion was made by Ms. Roberts and seconded by Ms. Walsh to renew Black's Spray Service's contract for the next year at the same price as the previous year's contract. The motion carried 4 -0 with the voting as follows: Mr. City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 6 of 7 Hoog, For; Mayor Pro Tem Petsos Absent; Mayor Randels For; Ms. Roberts For; and Ms. Walsh, For. 5. Discussion of Outdoor Entertainment Permit Fees. Building Official Todd Morley reported that the Outdoor Entertainment Permit Fee is still $500 per day per event, and that John Porter's weekly weekend Farmers Market has been billed with each weekend being considered a separate event, ending up with the bill standing at $5000. Council discussion ensued and included a proposal of the Council forgiving or waiving fees to no more than $500 owed, whether forgiving or waiving of fees is legally in the Council's ability, possible restructuring of the permit fees for the future, the content of Joyce Hamilton's letter to the Council, the limitations of the City's current Business Tax License categories, and proposing an ordinance be created to resolve these issues. A motion was made by Ms. Roberts and seconded by Mr. Hoog to forgive the Outdoor Entertainment Permit Fees owed by John Porter's Farmers Market to no more than $500. City Attorney Garganese discussed the current ordinance, the Council's ability to waive permit fees, the fairness of waiving fees, and the type of event. Mr. Porter stated that he would be willing to pay what the City's "out of pocket" costs were for dealing with the Farmers Market beyond the $500, that $5000 is too much, and that he would be in favor of a change in code. Discussion ensued and included needing to revise codes in the future to allow for Farmers Markets. The motion carried 4 -0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion ensued regarding another aspect of Ms. Hamilton's letter in regards to creating a "tiered" set of application fees for smaller events. Council reached consensus for this item to be brought back at a later date for consideration. 6. Discussion and necessary action related to Annual and Sick Leave. Ms. Apperson requested that no action be taken and for this item to be placed on the next agenda as the resolutions pertaining to this matter had not been solidified yet. Council reached consensus to table this item until the next Council meeting. 7. Discussion and necessary action related to the Charter Review Meeting Schedule. Ms. Apperson reported that she had discovered the previously approved work schedule for the Charter Review to be flawed and provided a revised, accelerated schedule to Council for consideration. Discussion ensued and included the updated schedule's meetings, ad placements, readings, and deadline requirements of the Supervisor of Elections. Council reached consensus to accept and use the proposed revised work schedule and move the schedule forward. 8. Consideration and necessary action for Specimen Tree Removal at 126 Sabal Drive. City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 7 of 7 Mr. Morley reported on a property owner requesting permission to cut down a specimen tree on their property which is encroaching on an add -on structure of theirs. Discussion ensued and included the size of the tree requiring Council's approval rather than just administrative approval from the Community Development Department, the tree being of notable significance and older than the add -on structure in question, and the lack of evidence that the add -on structure was ever officially approved. A motion was made by Ms. Roberts and seconded by Mayor Randels to deny the application to remove the specimen tree. The motion carried 4 -0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was made by Ms. Roberts and seconded by Ms. Walsh to extend the Council meeting an additional 10 minutes. The motion carried 4 -0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 9. Discussion of 2010 Transportation Priorities. Ms. Apperson discussed the Space Coast Transportation Planning Organization (TPO) projects in the City, explaining that they're the same projects that the City had been working on over the past 7 years. Ms. Apperson stated that the TPO projects had already been submitted, apologized for not coming to Council with them prior to submittal, but felt certain that the timely submittal of the TPO projects was important in meeting deadlines. Discussion ensued and included how the TPO handles different projects, which kinds of funding are used, possibly needing to purchase private land for the projects, swapping land for projects, having "workable" intersection lights, and changes to the TPO priorities in the past. A motion was made by Ms. Roberts and seconded by Mayor Randels to officially approve the TPO projects as submitted. The motion carried 4 -0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ADJOURNMENT: There being no futther Business, the Meeting adjourned at 10:09 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk SEAL of Cape Canaveral, Florida