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HomeMy WebLinkAboutMinutes 12-07-2010 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY December 7, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:02 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present City Manager City Attorney Public Works Director Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Assistant Public Works Director Building Official Planning and Development Director Brevard County Sheriff Lieutenant Cape Canaveral Volunteer Fire Dept. Chief Cape Canaveral Volunteer Fire Dept. Assistant Chief City Clerk David L. Greene Anthony Garganese Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alex Herrera Dave Sargeant John Cunningham Angela Apperson Sergeant Siegle presented the City with a Certificate of Appreciation for the City's donation to Camp Chance, a program run by the Sheriff's Office which serves under - privileged youth. INTERVIEW City Council Interview of Library Board Applicant Marilyn Nicholas Attorney Garganese interviewed the applicant and confirmed the information in Ms. Nicholas application was true and correct. Mayor Randels expressed his knowledge of Mrs. Nicholas' prior service to the City. Mrs. Nicholas explained her reasons for wanting to serve on the Board. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2010 Page 2 of 6 REPORTS: City Attorney Garganese indicated he will pursue the direction given during the Attorney Client Session. AUDIENCE TO BE HEARD There were no audience comments. CONSENT AGENDA: Mayor Randels read the titles of the five items and inquired if any items are to be removed from the Consent Agenda for discussion. Ms. Walsh requested removal of item three and Mr. Petsos requested removal of item two. 1. Approve Minutes for Regular City Council Meetings of 11 -04 -2010 and 11 -16- 2010. 2. Change Order #4: Approve the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of Brick Pavers 3. Approve the 2011 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule 4. Approve Resolution No. 2010 -35, Appointing a Second Alternate Member to the Library Board 5. Joint purchase of replacement Fire Apparatus with the Canaveral Port Authority A motion was made by Mayor Pro Tern Hoog, seconded by Ms. Walsh, to approve Consent Agenda Item Nos.1, 4, and 5. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Item No. 2 - Discussion ensued and included; shutting down the entire street; the use of STS v Brick and the cost for maintenance of both items; and the safety concerns for the use of brick. Mark Fox, from STS Paveway, explained the actions taken by FDOT, the use of STS v. Brick and other types of stamped asphalt. He explained the history of the STS product; the safety of the product; how the product holds up under pressure washing and the warranty. Discussion returned to the use of pavers v. brick and whether the intersections will be raised, to which Mr. Ratliff responded in the negative. A motion was made by Mr. Morgan, seconded by Mayor Pro Tem Hoog, to approve the use of the STS Paveway System in lieu of Brick Pavers. The motion carried 4 -1 with voting as follows: Mayor Pro Tem Hoog, for; Mr. Morgan, for; Mr. Petsos, against; Mayor Randels, for; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2010 Page 3 of 6 Item No. 3 — Ms. Walsh noted the need for a correction to the week of September 18 for the Second Budget Hearing, stating it should be the 18 through the 24th and asked when the budget would be supplied to the Council. Mr. Greene responded the information would be available by the end of May or early June 2011. A motion was made by Ms. Walsh, seconded by Mr. Morgan, to approve the schedule as corrected. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCES: First Public Hearing: 6. Ordinance No. 14 -2010, amending Chapter 54, Parks and Recreation, of the Code of Ordinances: authorizing the City Council to award franchises for Commercial Vending Activities on the City's beaches by competitive bid pursuant to certain requirements and restrictions; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date Attorney Garganese read the title of the Ordinance into the record. He stated all the corrections /amendments requested by the Council have been made. Discussion ensued and included: an objection to allowing a chain restaurant to be a vendor, as this would add to the commercialization of the beach; that the franchise /bidding documents still need to be worked out; that if this is done with care it could be a good thing for the residents of the City; whether each franchisee would be limited to one cart; where the trash will go when the cart is gone and that the vendors /franchisees would be required to assist with trash collection. The Public Hearing was opened and included objection to the noise /music that the vendor's make, as it can be annoying to the residents in the adjoining condos and that the ordinance already restricts this type of activity. The Public Hearing was closed. A motion was made by Mr. Morgan, seconded by Mayor Pro Tem Hoog, for approval of Ordinance No. 14 -2010. The motion carried 4 -1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, Against; Mayor Randels, For; and Ms. Walsh, For. 7. Ordinance 18 -2010, amending Chapter 66, Article III, Excavations, of the Code of Ordinances related to open cutting of roads or streets, permitting, fees and inspections; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date Attorney Garganese read the title of the Ordinance into the record. He reviewed the proposed changes. Discussion ensued and included: the use of a directional drilling machine and whether a permit was needed for this type of work also; whether this applies to private roads; that a fee Resolution would be presented at second reading; and whether the City would hire directional drilling contractors for projects beyond our capabilities rather than cutting the roadway. The Public Hearing was opened and included whether the provisions apply to the City of Cocoa when installing or fixing their water line. The Public Hearing was closed. Staff was requested to review the franchise agreement for the City of Cocoa and provide clarification prior to second reading. A motion was made by Mr. Petsos, seconded by Ms. Walsh, for approval. The motion carried 5 -0 with voting as follows: Mayor City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2010 Page 4 of 6 Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 8. Ordinance No. 19 -2010, amending Chapter 94, of the Cape Canaveral Code of Ordinances to allow for Historical Markers: providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability: and an effective date Attorney Garganese read the title of the Ordinance into the record. He reviewed the proposed amendments. A motion was made by Mr. Petsos, seconded by Mayor Pro Tem Hoog, to approve Ordinance No. 19 -2010. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. RESOLUTION: Add on Item: Mayor Randels noted the request for an add on item A motion was made by Mayor Randels, seconded by Ms. Walsh, to add the item to the agenda. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Resolution No. 2010 -36, supporting and endorsing State Economic Development Project, Project Rocket, as a Qualified Targeted Business: committing local financial support to the Qualified Targeted Industry Tax Refund Program pursuant to Florida Statute 288.106: providing an effective date Planning and Development Director Brown explained the proposal; the actions of Brevard County to allocate local funding and the need for the Resolution which enables the City to take advantage of the opportunity to participate. Mr. Greene added direct/indirect and induced jobs total 95 jobs altogether and significant at this point. Mr. Greg Weiner from the EDC was present and participated in the discussion which ensued and included what would be the return on the investment; the original request was for the City to pay the entire 20% and Mr. Greene's request for the County to participate also; the City being closest to the Air Force Station would receive the direct benefit from the workers' incidental spending; whether this was creating new jobs or just shifting employees from another program; if the EDC could track the type of impacts this project would have on the City; that the EDC will work with the employer to receive information as to where the workers live; whether the Ad Valorem Tax incentives the City has would be appropriate; the past relationship with the EDC; the need to think regionally about projects instead of locally, as any project that comes to this region benefits everyone; that this expenditure helps to show the City of Cape Canaveral is business friendly; and if even one employee moves to the City and fills a vacant home the city has received a return on it's investment. A motion was made by Mr. Petsos, seconded by Mr. Morgan, to approve Resolution 2010 -36. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2010 Page 5 of 6 9. Resolution No. 2010 -33; certifying the results of the General Election of November 2, 2010; repealing prior inconsistent resolution; providing for an effective date Mayor Randels explained the need for a second resolution to adopt the Official Results, as one provisional ballot was received. A motion was made by Mr. Morgan, seconded by Ms. Walsh, to approve Resolution 2010 -33. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. DISCUSSION: 10. Appointment of Voting Delegate /Director and an Alternate to the Space Coast League of Cities Ms. Walsh noted the tradition for the prior year's alternate to serve as the Voting Delegate for the next year. She indicated she will be serving as the Treasurer and will have a vote. She encouraged a different member of the Council to serve as the Delegate, so the City would have two votes. Mayor Pro Tem Hoog indicated he is willing to continue to serve as the Delegate. A motion was made by Mr. Petsos, seconded by Mr. Morgan, to have Mayor Pro Tem Hoog continue as the voting member and have Mayor Randels as the Alternate Member. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 11. Discussion of restoring local control of smoke -free air laws in the State of Florida: Mayor Randels explained his reasons for requesting this item and urged for the support of the Resolution. A motion was made by Ms. Walsh, seconded by Mayor Pro Tem Hoog, for support of the Resolution. Mr. Morgan asked for clarification of the law regarding businesses that serve food and alcohol and allow smoking. Mayor Randels explained the owner of such a business cannot establish "no smoking" because the State of Florida has preempted the right to do so. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For REPORTS: 12. Council Mr. Morgan requested an update on the storm drain /parking situation at Canaveral Beach Boulevard. Mr. Greene indicated the work has been authorized to be performed. Mr. Petsos congratulated Ms. Walsh on her appointment as the Treasurer for the Space Coast League of Cities. He noted the additional funding for the Ridgewood Project and urged for the use of the funding for the additional solar lighting. Mr. Greene indicated the full complement of the lights has been purchased with the initial budget plus this year's adopted budget and clarified the additional new funds have to be used for the paving portion of the project; he confirmed monies will be freed up for additional projects. City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2010 Page 6 of 6 Mayor Pro Tem Hoog noted the need for paving on many of the roads that are on the west side of A1A. Mayor Randels thanked Joyce Hamilton and Boston Beef and Seafood for the food that was provided this evening. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:09 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk