Loading...
HomeMy WebLinkAboutMinutes 09-07-2010 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 7, 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 Betty Walsh Others Present City Manager City Attorney Parks and Recreation Director Assistant Public Works Director Building Official Planning and Development Director Brevard County Sheriff Cmdr. Assistant Fire Chief City Clerk David L. Greene Anthony Garganese Robert Lefever Jeff Ratliff Todd Morley Barry Brown Alan Moros John Cunningham Angela Apperson PROCLAMATION: Approve a Proclamation designating September 13, 2010 as Commodore John Barry Day: Mayor Randels read the proclamation into the record and explained there will be a ceremony at Jetty Park on September 11, 2010. REPORTS: City Attorney Garganese: • Provided an update on the Royal Mansions Litigation. • Indicated the finalized Beach Vendor Ordinance was sent to City Staff today and he anticipated having the first reading at the next Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 2 of 6 Indicated there is a hearing before the bankruptcy judge tomorrow relating to the Code Enforcement issues at 6395 N. Atlantic Avenue. Council Member Roberts asked if an administrative process would be presented with the Beach Vending Ordinance. City Manager Greene indicated the Ordinance outlines the process and requires a competitive bid process and award of a limited number of franchise agreements. AUDIENCE TO BE HEARD: Mayor Randels read from Section 2 -66 of the Code of Ordinances and noted the rules of conduct for individuals who are speaking to the Council. He apologized to Building Official Morley for allowing someone to make disparaging remarks about him at a prior Council Meeting. Ms. Joyce Hamilton commended the City, the Recreation Department, Sheriff's Office and Fire Department for all the work they do to make the Friday Fest such a success. Mr. Leo Nicholas reminded everyone of the 9 -11 Memorial Ceremony that will be held at the VFW on Saturday beginning at 9:00 a.m. CONSENT AGENDA Mayor Randels noted an additional item to be added to the Consent Agenda and inquired if any items are to be removed from the Consent Agenda for discussion. Mr. Leo Nicholas requested Item Number 6 be removed from the Consent Agenda. 1. Approve Minutes for Regular City Council Meeting of May 18, 2010 and August 17, 2010 2. Approve Resolution No. 2010 -16, reappointing a Regular Board Member to the Planninq and Zoning Board: Mr. R. Lamar Russell 3. Approve a waiver of any and all fees for the Annual Fall Festival & Chili Cook Off on 10/9/10 and the Annual Monster Mash Halloween Party on 10/29/10. 4. Approve Resolution No. 2010 -17, waiving vesting requirements for City Manager David Greene in the Florida Municipal Pension Trust Fund Defined Contribution and Deferred Compensation Programs, Plan Number 62305: and providing an effective date. 5. Approve Annual Extension of the Street Sweeping Services Contract in the Amount of $8,304.24 to USA Services of Florida, Inc. City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 3 of 6 6. Approve the use of Unbudgeted Funds for Construction of Stormwater Improvements at two Presidential Street locations (364 Polk Avenue and Fillmore Avenue, East of Ridgewood Avenue) in the amount of $19,612.00 to Atlantic Development of Cocoa, Inc. 7. Approve an Alcohol Exemption Permit for Sherry Guidera for a private wedding at Manatee Sanctuary Park on December 4, 2010 8. Authorize the Mayor to send a letter to Fair Districts Florida indicating the City's Support for Amendments 5 and 6 Add On Item: Approve a fee waiver for an Outdoor Entertainment Permit and a street closure for the 9 -11 Ceremony hosted by the Veterans of Foreign Wars Post 10131 A motion was made by Ms. Roberts and seconded by Mr. Petsos, that we approve items one, two, three, four, five, seven, eight and 9 (add on item). 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. Item # 6 : Assistant Public Works Director Jeff Ratliff explained the need for these improvements. Discussion ensued and included whether or not engineering studies are needed prior to proceeding with this work; whether changing the size of the inlet will solve these problems; and whether the size of the pipe needs to be increased at the Fillmore Avenue site. A motion was made by Ms. Roberts and seconded by Ms. Walsh, I recommend that we approve consent agenda item six and see how that first phase works and if there is a problem, I'm sure staff will come back to us and recommend corrective action at that time. Council Member Petsos indicated he supports this action. 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: 9. Motion to Approve: 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 Second Reading Attorney Garganese read the title of the Ordinance into the record. Mayor Randels noted the item was advertised on 8/18/10 and 8/25/10. He also indicated the Ordinance passed first reading on 8/17/10. A motion was made by Mr. Petsos and seconded by Mr. Hoog, for approval of Ordinance 10 -2010. The public hearing was opened. No comments were received and the public hearing was closed. Council Member Hoog City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 4 of 6 asked for clarification on who will be responsible for street repairs. Mr. Greene indicated currently Brevard County is still responsible; however this is something that will need to be researched if further annexations are proposed. 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. Funding for the Cape Canaveral Library for Fiscal Year 2010/11: Mayor Randels expressed his concerns over the cuts at the Cape Canaveral Library. Mr. Greene indicated there are moneys in the proposed 2010/11 budget for the purchase of books. He also indicated he met with County Library Director Schweinsberg. Discussion ensued and included whether the City should study taking over the library services; how much money do the citizens of Cape Canaveral contribute to the County Library system; whether the Council wanted to add additional funding for a full -time Library director, part-time Librarian 1 and additional dollars for media or books to be purchased; what is the recommendation of the Library Staff, Library Board and Friends of the Library; and whether the City could break away from the County System and have the County pay the City to use our facility. A Consensus was reached to obtain the amount of county taxes collected from our City residents for funding of the County Library System; receive input from the County Library Director; the Cape Canaveral Library Director; the Cape Canaveral Library Board and the Friends of the Library before allocating any additional funding. 11. Request from Charles Pindziak to remove John Porter as a member of the Vision Committee Council Member Roberts expressed her desire for staff to deal with this administratively and internally within the City Manager's Office. Motion by Mr. Randels, seconded by Mr. Hoog, that we discuss this item. The motion carried 4- 1, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, Against and Ms. Walsh, For. Comments were received from Mr. Bob Baugher, Tony Sasso, and Phill Laurien, in support of Mr. Porter remaining on the Vision Committee and the great work he has done to pull individuals together to work for improvements along the A1A corridor from the Port south to Patrick Air Force Base. Mr. Pindziak expressed his feelings on the issues that surround Mr. Porter's service on the Committee and why he feels Mr. Porter should be removed from the Vision Committee. Discussion ensued and included whether there were two separate issues, one being Mr. Porter's service on the Committee and the issues surrounding the property owned by Banana River LP at 6395 N. Atlantic Avenue, which Mr. Porter is part owner in the Company; whether the property owner can act as his own contractor, the need for workers compensation /general liability insurance of all individuals working on the property; the property owners continued efforts to resolve the Code Enforcement Issues; and the lack of progress on the building's repairs. Mr. Schirtzinger expressed his feelings that these are two separate issues and encouraged Council to allow Mr. Porter to remain on the Vision Committee as he was selected as the Chair from among the members of the Vision Committee. During the discussion, City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 5 of 6 Mr. Hoog requested a consensus of the rest of the Council to have the City Attorney investigate his questions about the owner doing work on the property as well as the need for worker's compensation and general liability insurance for all workers. No clear indication of a consensus was recorded by the City Clerk. Council Members Petsos, Roberts and Walsh expressed their desire for Mr. Porter to remain on the Committee and Council Members Hoog and Randels urged for removal from the Committee. 12. Recommendation from the Planning and Zoning Board that the City Council direct staff to prepare an ordinance amending the City Code to add "assisted living facility" as an allowable use Planning and Development Director Brown explained the request and the recommendation of the Planning and Zoning Board to add Assisted Living Facility as an allowable use within the City. Discussion included concerns over the evacuation planning for this type of facility; the State Mandate and approval process for an evacuation plan and the requirement for Brevard County Emergency Management to also approve the evacuation plan. A motion was made by Ms. Roberts, and seconded by Ms. Walsh, to have staff prepare an Ordinance amending the Code to add Assisted Living Facility in the City. City Manager Greene explained the work to prepare the Ordinance was proposed to be done by Mr. Ringdahl's consultant and would also include information that will assist in the development of Form Based Codes, the Mixed Use Overlay District, as well as a number of other items. He wanted to ensure the Council understood if Mr. Ringdahl's project received approval after the Ordinance was created, he was requesting a credit toward fees in an amount equaling $18,450.00, which is 50% of the cost of the planning work. Mr. Greene indicated this would make a giant leap forward in addressing many of the items from the Visioning effort. He encouraged Council's support of this assistance, as it will help to move these items forward in a timely manner. Mr. John Johanson objected to having the developer write the ordinance and felt City funds should not be used on private development. Mr. Leo Nicholas did not support the proposal; as he felt the developer was then expecting approval of his project. Mr. Greene clarified the Developer is well aware the project still has to go through the approval process and there are no guarantees. Council Member Petsos wanted to clarify that this Council is not against an Assisted Living Facility. 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. REPORTS: 13. Council Council Member Hoog: • Requested an update on acquisition of easements for the Harbor Heights Stormwater Project. Attorney Garganese indicated four or five of the six required easements have been obtained. • Noted the sidewalk on N. Atlantic Avenue looks very nice. City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 6 of 6 Mayor Pro Tem Petsos • Asked about the health benefits renewal and wanted to ensure the City would obtain a quote from the Florida League of Cities. City Clerk Apperson responded in the affirmative. Discussion ensued and included price should not be the only factor considered; the desire of Council to reduce costs and require a contribution from employees towards their health insurance premiums. • Indicated the Mayor and he attended the Florida League of Cities annual conference. He noted all of the seminars are on the web. He indicated he attended a very informative session on Mixed Use Zoning. Council Member Roberts: • Thanked Mr. Greene for a great meeting with Stan Payne at the Port Authority. She indicated Rosalind Harvey will attend the October 19, 2010 meeting to provide more information on the Port's activities. • Noted work that is being done to enhance the number of Neighborhood Watch Committees. She indicated BCSO Sargeant Scott Pikus is working with City employee Mia Goforth to try to identify other areas for additional Committees. • Noted the use of the Victims Advocate program in other Cities and encouraged the City to consider establishing a similar program. • Requested an update on where we are with the Visioning Items. Mayor Randels: • Noted there would not be a HUD Sustainable Communities Grant. He asked Mr. Baugher, a Citizen's Advisory Committee Member, for any new information. Mr. Baugher indicated the TPO has allocated $850,000.00 to update the A1A Corridor Study. He indicated that would create a shovel ready program. • Noted the work done since 1993 to complete the sidewalks and complimented the N. Atlantic Avenue sidewalk improvements. Noted the budget meeting will be September 13, 2010 at 5:30 p.m. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:18 P.M. Rocky Randels , MAYOR Angela M. Apperson, CMC, City Clerk SEAL of Cape Canaveral, Florida