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HomeMy WebLinkAboutMinutes 01-05-2010 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY January 5, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:18 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: City Attorney Anthony Garganese Recreation Director Robert Lefever Public Works Director Walter Bandish Building Official Todd Morley Sheriff's Department Commander Alan Moros Sheriff's Department Sergeant Joanna Seigel City Clerk Angela Apperson Mayor Randels noted the new location for the meeting. PRESENTATIONS: 2009 Beautification Holiday Award Winners Beautification Board Chair Bradley "BJ" Varuska announced the winners and presented them with the awards. • Single Family — Earl, Crystal and Hunter Hoffman, 7805 Poinsettia Avenue. • Multi - Family — Jefferson Arms Condominiums, Donald L. Ryan Jr., President. • Commercial — United Space Alliance, represented by Erik McClellan. Friday Night Fest Recreation Director Robert Lefever described and detailed the activities of the proposed Friday Fest, his work to find sponsors for each event, the City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 2 of 6 individuals he has been working with to plan the event, and presented Laird Gann and Dave Viner to answer any Council questions. Discussion ensued and included the history of Melbourne's Friday Fests, the areas that would be used for the event, the types of vendors, how the event would visually appear, a request for Council to bless this project, lighting requirements, parking concerns, power for the vendors, suggestions that the event could be a "good will" and a "win /win" for the City, the success of Movie in the Park, how to organize and manage such an event, acquiring partners and sponsors resulting in minimal costs for the City, band costs, Waste Pro's sponsoring and responsibilities, staff requirements, volunteers, involvement of the Sheriff's Office, no staff overtime, how the idea for the event came about, the reasons for the proposed location rather than other locations, how the event could grow over time, and how the marketing presence of this event could be of value to local businesses. Council reached consensus to support and move forward with this proposed event. REPORTS: City Manager: Bennett Boucher was ill and could not attend the meeting. Building Official: Todd Morley stated that the City Manager authorized revisions and conceptual changes to Chapter 10 of the Outdoor Entertainment City Code to allow for upcoming events, and will have proposed revisions and changes ready to be presented by the end of January. Recreation Department: Director Lefever noted the upcoming January 22nd "Jazz Under the Stars" Concert in the Park, encouraging attendance. Sheriff's Department: Commander Moros offered the possible use of inmate labor for cleanup of any street party the City may hold. Sergeant Seigel spoke of the work done with the Angel Trees, the children that were helped, meals that were provided to families, bikes and helmets that were given to children for Christmas, and a "thank you" card that will be posted in the library from all the families. Commander Moros then noted the assistance of the Fire Department with this project, the Police Athletic League money being deposited in preparation for renovations and new equipment, and an update on remodeling the Annex. Business & Cultural Development: Board Report Board Chair Joanne Muncey discussed two new businesses in the City, a gym and a "Curves" fitness center. Board Member Dianne Marcum and Shellie Williams of the Brevard Cultural Alliance (BCA) presented information on the "Art of Sand" event that could be brought to Cape Canaveral and the exposure it could provide for the City. Ms. Williams discussed the international scope of the competition, the visibility of the event, eight acres adjacent to the Radisson at the Port being the location chosen, the two -week timeline, the need for the City Code and Ordinances to be modified to allow for a multiple -day event and fencing for security reasons, a request for Council to "bless" the planning of this event, how sponsorship and signage can be handled, promotional ideas including "sand City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 3 of 6 dollars" that could be used at restaurants and Space Coast Area Transit, the sand coming from Winter Haven, the durability, quantity, and transportation of the sand, plans for the sand to be bought by a development company for house foundation purposes after the event, the green - friendly nature of the event, a request for the City to sponsor the event by covering the $14,000 cost for security, and any profits from the event being used by the BCA to invest in cultural education in the county. Discussion ensued and included an enabling Ordinance being required, Maggie Megee discussing the success of a similar event in Virginia Beach and how this event could help the City, and the scope of assistance the Sheriff's Office has offered to provide. Council reached consensus to move forward with the proposed event. AUDIENCE TO BE HEARD: Alan Beal, Spaceport Amoco, 8000 Astronaut Blvd, discussed his idea of having a "Welcome to the City of Cape Canaveral" sign at the intersection on his property, the sign being two - sided, one side being the Welcome sign, the other side being a space to advertise his business, with the sign to be flipped to the "Welcome" side outside of business hours, and a request for permission to use the City Seal. Discussion ensued and included the legal usage of a City Seal, a Council- approved Resolution being required to allow use of the City Seal, the "Welcome" side being upside -down when flipped, and ways to visibly block the "Welcome" side when it is flipped. A motion was made by Mr. Petsos and seconded by Ms. Roberts to draw up a Resolution for future consideration to authorize use of the City Seal. Discussion continued and included that the Council can take no official action in the "Audience to be heard" section of a meeting and the motion as it stands not being an official 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. Gregory Tangalos, 804 W. Central Blvd, discussed Banana River Park, including his approval of the kayak access, the normally good shape of the soccer field, the unfortunate occasions when the field is torn up from individuals driving through it, and urging for more patrols and possibly installing a fence to protect the field. Recreation Director Lefever stated that work is already progressing to address this issue and that construction of a fence is being planned. CONSENT AGENDA: 1. Approve City Council Regular Meeting Minutes of December 15, 2009 2. Approval of the 2009 Contract Negotiations with the International Union of Operating Engineers Local 673 (AFL -CIO) 3. Approve the sun - setting of the Business & Cultural Development Board's Fact - Finding Committee City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 4 of 6 Discussion regarding consent agenda item number one ensued and included how the minutes are summarized, how much detail to include, and the storage limitations for audio recordings of meetings. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to approve the Consent Agenda as written, with the changes to the December 15, 2009 minutes that were accepted by the City Clerk. 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. ORDINANCES: Second Public Hearings: 4. Motion to Adopt: Ordinance No. 12 -2009, Amendinq Chapter 102, Vegetation, of the City Code related to land clearing; amending definitions and penalties; providing for additional exceptions from permitting; repealing regulations applicable to small scale residential developments; providing specimen tree removal criteria; amending minimum tree requirements; amending certain tree replacement requirements; making conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date: The City Attorney read the title of the Ordinance into the record. Building Official Morley discussed comments he had received from residents and Code Enforcement regarding the proposed Ordinance and recommended changing page nine to read "any hardwood remediation ". Discussion ensued and included accidental tree removals, the scope of what this Ordinance would be changing, not addressing all concerns, work needing to continue to address additional issues, changing the year on the signature page to "2010 ", the number staying the same despite the passage of time into the new year, the role of the City Arborist, grammar modifications, how tree removal permits are processed, sizes and types of trees used for mitigation, and trees too close to a structure in some cases being exempted from being mitigated. A motion was made by Mr. Hoog, seconded by Ms. Walsh, to approve Ordinance 12- 2009 at second reading, changing the wording on page nine from "of the required remediation" to "any hardwood remediation ", changing the date on the signature page to 2010, fixing a typo in section 102 -45(b) with the word "one ", and amending the table and sections 102- 45(a) &(b) to reflect that palm trees shall have at least "six feet" of clear trunk. 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. 5. Motion to Adopt: Ordinance No. 14 -2009, Amending Section 74 -57 to impose a surcharge on all parking fines incurred in the City for the sole purpose of funding School Crossing Guard Programs; Establishing; the "Cape Canaveral School Crossing Guard Fund;" providing that proceeds may be reserved for start-up and ongoing administrative costs; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date The City Attorney read the title of the Ordinance into the record. A motion was made by Mr. Petsos, seconded by Ms. Walsh, to approve Ordinance 14 -2009 at second reading. Discussion ensued and included the printing of the tickets, funding of administrative costs related to the tickets, the history and quantity of revenue as it relates to these types of fines, and enforcement City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 5 of 6 of parking on private - property. 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: First Public Hearing: 6. Motion to Approve: Ordinance No. 01 -2010, Amending Section 22 -39, Proceedings of the Board, to change the Community Appearance Board Meeting Days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date: The City Attorney read the title of the Ordinance into the record and Mayor Randels noted the reasoning. A motion was made by Mr. Petsos and seconded by Mr. Hoog to approve Ordinance 01 -2010 at first reading. 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. DISCUSSION: 7. City Manager Evaluation Action Items Discussion ensued and included Mr. Boucher being absent due to illness, the possibility of holding a Workshop to discuss this item with Mr. Boucher present, and the already delayed status of the evaluation. Mayor Randels read a prepared statement advocating the termination of the City Manager's contract. A motion was made by Mr. Randels, seconded by Mr. Hoog, for the City to terminate its employment agreement with City Manager Bennett Boucher, effective immediately, providing severance pay of four months and other benefits as stipulated in his employment agreement. Discussion continued and included reasons for supporting the termination, the possibility of letting Mr. Boucher reapply for the position of City Manager as a show of respect to move forward positively, and a need for new ideas in the City Manager position. A motion was made by Ms. Roberts and seconded by Ms. Walsh to extend the meeting 15 minutes. 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. Discussion continued and included the stipulations of the employment agreement, the content and process of the City Manager evaluation, making this decision in Mr. Boucher's absence, and the plan after termination being to appoint an Acting City Manager while the City goes out for bids for a new City Manager. The motion for termination carried 3 -2 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, For. A motion was made by Mr. Randels, seconded by Mr. Hoog, for City Clerk Angela Apperson to be immediately appointed as the Acting City Manager, to serve in that position until a new City Manager is appointed. Discussion continued and included the process of acquiring a new City Manager, the City Attorney advocating retaining a professional firm to conduct a nationwide job search, the prior process that City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 6 of 6 was utilized to find a new City Clerk, and the possibility of finding a retired City Manager to act as an interim City Manager for a short period of time. A motion was made by Mr. Petsos and seconded by Ms. Roberts to extend the meeting 15 minutes. 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. Discussion continued and included that if Ms. Apperson is appointed as the Acting City Manager, she would then have to immediately turn around and appoint the Deputy City Clerk as the interim /Acting City Clerk, the Council asking Ms. Apperson if she would accept the position as Acting City Manager, and staff size and experience concerns. Council reached consensus to hold a Special Meeting on January 12, 2010 at 5:30pm to plan the process of acquiring a new City Manager. The motion for appointment 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. Mayor Randels indicated that he would handle the notification of Mr. Boucher. 8. Appointment to Charter Review Committee by Council Member Hoog: Mr. Hoog nominated Ron Friedman from the Planning & Zoning Board to replace the late Tom Garboski. Discussion ensued regarding a Resolution to appoint Mr. Friedman. The City Attorney read suggested Resolution language into the record, appointing Mr. Friedman to the Charter Review Committee, effective immediately. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to appoint Ron Friedman to the Charter Review Committee, adopting the Resolution as stated by the City Attorney. 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. Reschedule Space Coast League of Cities Meeting for April 2010 Discussion ensued and included possible dates and times that are available, past discussion of holding the meeting at Manatee Park on April 12, 2010, preparations for an event at Manatee Park, predicted attendance of 92 -96 people, seating capacity of restaurants that could host the event, and room reservations at the Radisson. Council reached consensus for staff to investigate the issue, including exit/entrance concerns. ADJOURNMFENT: There being no further business, the Meeting adjourned at 10:31 P.M. Rocky Randels,MAYOR Angela M. Apperson, CMC, City Clerk SEAL of Cape Canaveral, Florida