HomeMy WebLinkAboutMinutes 12-21-2010 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 21, 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
Mayor
Council Member
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Council Member Absent:
Council Member Jim Morgan
Others Present:
City Manager
City Attorney
Brevard County Sheriff Commander
Cape Canaveral Volunteer Fire Dept. Assistant Chief
City Clerk
PRESENTATION:
David L. Greene
Anthony Garganese
Alan Moros
John Cunningham
Angela Apperson
Deputy of the Month for October 2010 — Sara McLennon: Commander Moros explained
the reasons Deputy McLennon was selected as October's Deputy of the Month and
presented her with a plaque of recognition.
Deputy of the Month for November 2010 — Deputy Jason Holmes and Deputy Marc
Rosenfeld: Commander Moros explained the reasons Deputy Marc Rosenfeld was
selected as one of November's Deputies of the Month and presented him with a plaque
of recognition. Commander Moros explained the reasons Deputy Holmes was selected
as the other one of November's Deputies of the Month. He indicated he will present the
plaque to him upon his return from vacation.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 21, 2010
Page 2 of 5
REPORTS:
City Attorney Garganese reported on the compliance for the Porter Property and the
completion within the timeframe agreed to. He provided an update on the pending
litigation between the City, Secure Foundations and Cemex. He explained the details of
the settlement agreement which will reimburse the City for the out of pocket costs to
complete the repair work in the amount of $17,200.00. A motion was made by Mayor
Pro Tem. Hoog, seconded by Mr. Petsos, to accept the settlement offer and
authorize the Mayor to sign the document. The motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr. Petsos, For; Mayor
Randels, For; and Ms. Walsh, For.
AUDIENCE TO BE HEARD: None
CONSENT AGENDA: Mayor Randels read the title of the items. He inquired if any items
are to be removed from the Consent Agenda for discussion. Ms. Walsh requested items
three and four be removed for discussion.
1, Approve Regular Meeting Minutes of December 7, 2010 and Special City Council
Meeting Minutes of July 28, 2009, November 12, 2009, December 22, 2009, April 6,
2010, April 13, 2010 and April 17, 2010.
2. Approve Contract between the Florida Department of Corrections (Department)
and the City of Cape Canaveral (Agency) for the renewal of Inmate Labor Contract;
Work Squad Contract #WS641.
3. Approve the Agreement between the City of Cape Canaveral and the
International Union of Operating Engineers, Local 673 (AFL-CIO).
4. Approve purchase of "Blackboard Connect for Government", a communications
tool, from Blackboard, Inc. in the amount of $7,248.45.
A motion was made by Mayor Pro Tem Hoog, seconded by Mr. Petsos, to approve
Consent Agenda Items one and two. The motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr. Petsos, For; Mayor
Randels, For; and Ms. Walsh, For.
Item No. Three: Ms. Walsh and Mr. Petsos asked questions about the changes. Mr.
Greene and Ms. Apperson responded. The changes were discussed. Council
requested Staff to investigate whether it would be cost effective to purchase a
disability policy with a cost share between the City and the Employees and
reduce amount of accruals for sick time and provide a salary comparison to like
Cities prior to next year's budget workshops. A motion was made by Mr. Petsos,
seconded by Mayor Pro Tem Hoog, for approval. The motion carried 4-0 with
City of Cape Canaveral, Florida
City Council Regular Meeting
December 21, 2010
Page 3 of 5
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr. Petsos,
For; Mayor Randels, For; and Ms. Walsh, For.
Item No. Four: The benefits of using the system were discussed. It was noted this
system will not replace the newspaper notices or postings to the City's website, and will
allow emergency service personnel to send important messages to citizens and visitors.
A motion was made by Mayor Pro Tem Hoog, seconded by Mr. Petsos, to
approve. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, Absent; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh,
For.
ORDINANCES: Second Public Hearing:
5. 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: City Attorney Garganese read the title of Ordinance into the record. The merits
of the Ordinance were discussed as well as the concerns of commercialization of the
beach. It was noted the City of Cocoa Beach did not support this type of activity within
their City limits. The Public Hearing was opened. Mr. Patty spoke of his State and
County licenses, which allow him to sell food or beverages from the wet portion of the
beach. He explained his activities and noted his work to pick up trash on the beach. He
indicated anyone who sells must have also have a state license. He objected to having
to bid against others since he was the first person to begin selling. Mr. Leo Nicholas
asked if the Ordinance limits the number of carts or locations vendors can have, to
which Mr. Greene responded by saying the City Council controls the number of carts
through the franchise agreement. Mr. Nicholas urged for the Ordinance to include the
limitation on the number of carts. The Public Hearing was closed. A motion was
made by Mayor Randels, seconded by Mayor Pro Tem Hoog, for approval of
Ordinance 14-2010 at the second Public Hearing. The motion carried 3-1 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr. Petsos,
Against; Mayor Randels, For; and Ms. Walsh, For.
6. 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: City Attorney
Garganese read the title of the Ordinance into the record. Mayor Randels gave a brief
explanation and indicated this Ordinance does not apply to private streets. A motion
was made by Mr. Petsos, seconded by Ms. Walsh, to approve Ordinance 18-2010.
The Public Hearing was opened. No comments were received and the Public Hearing
was closed. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog,
City of Cape Canaveral, Florida
City Council Regular Meeting
December 21, 2010
Page 4 of 5
For; Mr. Morgan, Absent; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh,
For.
7. 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: City Attorney Garganese read the title of the Ordinance into the
record: The Public Hearing was opened. No comments were received and the Public
Hearing was closed. Mayor Randels gave a brief explanation. A motion was made by
Ms. Walsh, seconded by Mayor Pro Tem Hoog, to accept. The motion carried 4-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr.
Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
RESOLUTION:
8. Resolution No. 2010-34; Revised Fee Related to Chapter 66, Article III,
Excavations, of the Code of Ordinances Related to Open Cutting of Roads or Streets,
Permitting, Fees and Inspections; Repealing Prior Inconsistent Resolution; Providing for
an Effective Date. City Attorney Garganese read the title of the Resolution into the
record. Mayor Randels reviewed the fees and how they are changing. A motion was
made by Mr. Petsos, seconded by Ms. Walsh, for approval. The motion carried 4-
0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr.
Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
DISCUSSION:
9. Exterior Renovation of the Canaveral Precinct Building: Commander Moros
explained the proposed work and options for different types of roofing materials. He
urged for approval of the proposed work with the metal roof as described in option one.
A motion was made by Mayor Randels, seconded by Mayor Pro Tem Hoog, for
approval of the siding with option one for the roof. Discussion ensued and
included if a price was received for completely re -stuccoing the building; when
maintenance or repairs are needed on other buildings that this option is used; whether
there could be a second floor on the annex building and the indication that the plans for
the building do not show the appropriate footers for a second story; that Council
Member Morgan expressed his support for this project to City Manager Greene; the
clarification that option one includes hardy plank for the siding; the standing seam
thicker green roof at a cost of $167,621.00 and the use of the remaining money from the
2009/10 contract as well as from the reserve. The motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr. Petsos, For; Mayor
Randels, For; and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 21, 2010
Page 5 of 5
REPORTS:
10. Council:
Mayor Randels explained that set up and tear down of the audio/visual equipment, for
the room to be used for other events, causes considerable extra work for employees.
He indicated the last weekend of January is the professional art show and the first
weekend of February is the student art show and requested the first meeting in
February, which is between the two shows, be canceled so the equipment could only be
taken down and set up once. A motion was made by Mayor Randels, seconded by
Mr. Petsos, to cancel the first meeting in February. The motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Absent; Mr. Petsos,
For; Mayor Randels, For; and Ms. Walsh, For.
Council Member Walsh wished everyone a Merry Christmas, and a healthy, happy and
safe New Year.
Council Member Petsos complimented Mr. Greene on the great weekly reports from the
Department Directors. He requested an additional weekly report from the City Manager
as well. A brief discussion ensued. Consensus was reached for Mr. Greene to also
submit a weekly report. Mr. Petsos expressed that Ridgewood Avenue is looking good
and wished everyone a Merry Christmas and a Happy New Year.
Mayor Pro Tem Hoog wished everyone a Merry Christmas and a Happy New Year.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:37 P.M.
Rocky Randels, MAYOR
Angela M. Apperson, CMC, City Clerk