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HomeMy WebLinkAboutMinutes 08-17-2010 RegularCITY COUNCIL REGULAR MEETING LIBRARY MEETING ROOM 201 POLK AVENUE, CAPE CANAVERAL, FLORIDA TUESDAY August 17, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:01 p.m. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts (arrived at 7:11 p.m.) Betty Walsh Others Present City Manager City Attorney Assistant Public Works Director Parks and Recreation Director Building Official Planning and Development Director Brevard County Sheriff Lieutenant Assistant Fire Chief City Treasurer City Clerk David L. Greene Anthony Garganese Jeff Ratliff Robert Lefever Todd Morley Barry Brown Alex Herrera John Cunningham Andrea Bowers Angela Apperson PROCLAMATION: Mayor Randels read the proclamation declaring November 2010 as "Be a Hero Month" and November 18, 2010 as "Be a Hero Day' and encouraged individuals to give Blood. PRESENTATION: Port Canaveral Commissioner Malcolm "Mac" McLouth: Mr. McLouth provided an update on activities at the Port and answered questions of Council Members. He noted the following activities: • The recent work to widen and landscape George King Blvd • The relocation of the security area to a new building once construction is completed • The new parking garage and renovations to the Disney Terminal City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 2 of 5 • Renovations to terminal six, which will allow for more ships to dock and allow "Port of Call" visitors • The plans for improvements to the Cove area, which will include a Welcome Center and other amenities such as additional eating establishments, clothing, souvenir and jewelry stores to serve the community and port of call visitors • The expansion of the transportation /shipping activities • The loss of prior gaming ships and the proposal from a new company to start activities in November 2010. This will not include dock side gambling. Brevard County Sheriffs Office — Deputy of the Month for July 2010: Lt. Herrera explained the reasons Corporal. Dominick Prisco and Deputy Kent Guttebo were selected as July Deputy of the Month. He presented them with plaques of recognition. BOARD INTERVIEW: Recreation Board, Second Alternate Applicant — Steven Jarvis: Mr. Jarvis was sworn in by Attorney Garganese. Mr. Jarvis explained his reasons for choosing to serve on the Recreation Board and shared his desire to see completion of the "Bike Path" throughout the City and installation of a volley ball court at one of the City Parks. REPORTS: Mayor Randels noted the selection of the firm Brown, Garganese, Weiss and D'Agresta, PA as "Super Lawyers ". CITY ATTORNEY: Attorney Garganese reported on the court hearing related to the Banana River LP property at 6395 N. Atlantic Avenue. He indicated the Judge provided additional time to see if the matter can be resolved between the City, the Lender and the property owner. Another hearing was set for September 8, 2010. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT Board Member Lori Peppers reported on the Local Focus Program. She indicated Board Chair Joanne Muncey visited every Cape Canaveral storefront business that attended the initial meeting. She also indicated the next event is tentatively scheduled for October 13, 2010. It is scheduled to begin at 5 p.m. The topic is Business Marketing and the use of Social Media. Ms. Peppers indicated the Professional Art Show is scheduled for January 28 & 29, 2011 and the Student Art Show is scheduled for February 5, 2011. Mayor Randels recapped the purpose of the Local Focus Program. AUDIENCE TO BE HEARD: • Mr. John Porter reviewed a handout regarding activities of the Building Department; the Building Official; former Council Members and the complications of the Code Enforcement case against 6395 N. Atlantic Avenue. City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 3 of 5 CONSENT AGENDA 1. Approve Minutes for Regular City Council Meetings of May 4, 2010 and August 2, 2010 2. Approve Resolution No. 2010 -13, appointing a Second Alternate to the Recreation Board, Steven Jarvis 3. Approve Resolution No. 2010 -14, supporting Keeping a Retired Space Shuttle Orbiter in Brevard County 4. Approve Resolution No. 2010 -15, supporting a Plan to locate an International Science Center in Brevard County. 5. Approve the selection of James Moore & Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. 6. Approve the Third Quarter Budget Transfers, ended June 30, 2010 7. Approve an Alcohol Exemption Permit and waive any and all fees for the Friday Fest Family Street Party on 9/3/10, 10/1/10 and 11/5/10. Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. A motion was made by Mr. Hoog and seconded by Mr. Petsos, to approve the Consent Agenda. 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: 8. Motion to Adopt: Ordinance No. 09 -2010, Providing for a referendum election and ballot language for the November 2, 2010 General Election or an Election scheduled thereafter; providing for referendum questions proposing the adoption of a new, updated City Charter and proposing Mayor and Council Member Term Limits; providing for a notice of City of Cape Canaveral Charter Referendum questions; providing for coordination with the Supervisor of Elections; providing for severability, and an effective date, at Second Reading Attorney Garganese read the title of the Ordinance into the record and noted amendments that were made between first and second reading. The Mayor noted the advertisement was in the paper on August 6, 2010. A motion was made by Mr. Petsos, seconded by Ms. Roberts, for approval on second reading. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing: City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 4 of 5 9. Motion to Adopt: Ordinance No. 10 -2010, Annexing One (1) Parcel of Real Property Containing .67 Acres, More or Less, Generally Located at 315 Grant Avenue in Unincorporated Brevard County, Florida, and Legally Described Herein, into the Municipal Boundaries of Cape Canaveral; Providing for the Amendment of Cape Canaveral Charter; Providing for the Filing of the Revised Cape Canaveral Charter with the Department of State, Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions, Severability, and an Effective Date, at First Reading: Attorney Garganese read the title of the Ordinance into the record and stated this is a voluntary petition for annexation by the property owner. Planning and Development Director Brown reviewed the request for annexation and the Planning and Zoning Board's recommendation for the property to be given the zoning category of R2. Mr. Brown noted the annexation will be complete after the second reading of the Ordinance. He indicated after the EAR based Comprehensive Plan Amendments are completed, the Comprehensive Plan will need to be amended, as well as the adoption of an ordinance which establishes the Zoning Classification for the property. Discussion ensued and included whether Cape Canaveral will provide services such as reclaimed water and sewer service; whether Orange Avenue, which is currently owned by the County, could be turned over to the City of Cape Canaveral; the notices that were sent to the surrounding property owners; density and items that are non - conforming to the City's Land Development Regulations. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to approve Ordinance 10 -2010 on first reading. The public hearing was opened. Mr. Leo Nicholas indicated although the Planning and Zoning Board Members ruled on the proposed zoning for the property, he felt the members were not in favor of the annexation and urged for the Council not to annex this property. The public hearing was closed. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 10. Beach Vending: Mayor Randels referred to the events of July 20, 2010, which led to this agenda item. Attorney Garganese reviewed an updated legal opinion on Commercial Solicitation on the Beach. Mr. Dave Patty asked about a Business Tax Receipt that was issued to Island Watercraft Rentals Inc., who also vends items on the beach. Mr. Morley explained the license covers activities at 1000 Shorewood Drive and to his knowledge all transactions take place within the facility and not on the beach. Mr. Patty continued his objections, noted he has a state permit to sell prepackaged products on the wet sand of the beach. He requested a City license for vending products on the beach, to which Attorney Garganese restated his legal opinion. Mr. Mike Anderson read from the existing Charter; sections of the Florida Constitution and Florida Statute Section 253 and urged for the granting of a vending license to Mr. Patty. Mr. Joshua Porter, represented himself as the Attorney for Mr. Patty, as well as a citizen of Cape Canaveral, spoke of his belief that the prohibition of beach vending is a violation of the 1st and 14th amendments of the United States Constitution. He requested the City Council explore whether the ordinance violates the Constitution. Mr. Patty asked what he is to do now. Attorney Garganese restated his updated legal opinion and indicated the issue is the sale of goods on the beach. A City of Cape Canaveral, Florida City Council Regular Meeting August 17, 2010 Page 5 of 5 discussion among the Council Members ensued. A consensus was reached to have staff and the City Attorney further study the issue, provide a recommendation on how to allow beach or mobile vending within the City limits in some limited fashion and report back at a future meeting. REPORTS: 11. COUNCIL: Council Member Roberts indicated she continues to try to schedule Rosalind Harvey, Canaveral Port Authority Senior Director of Communications and Community Affairs, for a presentation to the Council. Mayor Pro Tem Petsos noted a letter of support for Avera Motors he signed in the Mayor's absence. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:20 P.M. Angela M. Apperson, CMC, City Clerk Rocky Randels, MAYOR Cape Canaveral, Florida