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HomeMy WebLinkAboutMinutes 01-04-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY January 4, 2011 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Others Present City Manager David L. Greene City Attorney Anthony Garganese Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Clerk Angela Apperson PRESENTATION: 2010 Quarterlv Holidav Beautification Awards for Sinale Family. Multi - Family and Commercial properties within the City of Cape Canaveral Mrs. Judy Hale presented the Single Family award to Don and Jill Blizzard; the Multi - Family award to Rebecca Row, who was representing Cape Shores Condominiums and to Mr. Dennis R. Myers, who was representing 1 St Baptist Church. The recipients thanked the City for their awards and their $25.00 gift cards. REPORTS: None AUDIENCE TO BE HEARD: Joyce Hamilton indicated she is representing the businesses and the residents of Cape Canaveral. She thanked the City Council for all they have done for the City. CONSENT AGENDA City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2011 Page 2 of 3 Mayor Randels explained the goal of the City Manager to have shorter meetings by using the Consent agenda to approve multiple items at one time. He urged Council Members to prepare themselves by asking Mr. Greene questions about the items prior to the meeting. He read the titles of the items into the record, and inquired if any are to be removed from the Consent Agenda for discussion. 1. Approve Minutes for Regular City Council Meeting of December 21, 2010 2. Resolution No. 2011 -01, Supporting Restoration of Local Control of Smoke -Free Air Laws in the State of Florida; Providing an Effective Date 3. Resolution No. 2011 -02; Supporting Alternative Modes of Transportation to Commuters Living in Central Florida; Providing an Effective Date A motion was made by Mayor Pro Tem Hoog, seconded by Mrs. Walsh, to accept Consent Agenda Item Nos. one and two, with the changes to the minutes as written from the City Clerk and pull item number three for discussion. 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. Three Ms. Courtney Miller and Ms. Brenda Young, representing the Florida Department of Transportation, answered questions about the Program, the use of Park and Ride lots in Brevard County; whether there were any future funding requests for the Program; the Emergency Ride Home Program; and the use of vans from Space Coast Area Transit (SCAT) for sharing rides. It was noted the ridership on the SCAT system has increased and if this Program is successful, there will be fewer people paying gas taxes, which may cause a funding shortage for the Florida Department of Transportation. A motion was made by Mr. Petsos, seconded by Mr. Morgan, for approval of Consent Agenda Item No. Three. 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: 4. Council Council Member Walsh noted the associations she works with have purchased "Turtle" and "Rip Tide" signs, which will be installed near their private dune crossovers. Discussion ensued and included: whether the City should work to provide the signs to the owners of the private crossovers and at the end of Ridgewood Avenue by Ocean woods; that FDEP did not require a permit for these signs, provided they are placed near the crossover; that the City has required several condominiums to provide public crossovers and whether the City should place signs at these crossovers. No consensus was recorded. City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2011 Page 3 of 3 Council Member Petsos • Asked for a status report on the Harbor Heights easements. City Manager Greene explained the negotiations for the easements, drafting additional language and the need for additional survey work. He explained the items the City will agree to and the potential costs associated with them. Discussion ensued and included: concerns over these repairs needing to be completed prior to the next hurricane season; whether the project should be moved down the street to the neighbor to either side of these properties and how moving the project to another location would necessitate re- engineering and re- permitting the project, acquiring new easements and including a substantial increase in the costs; an estimated time to acquire the easements, which was within two weeks; the major issues include a sewer line that is not within the easement as previously granted; whether there is an established Homeowners Association, to which a negative response was received; and that there are deed restrictions for the properties. During the discussion, Mr. Morgan requested Mr. Greene privately brief him on all the issues surrounding this project. • Asked for a status report on the solar lights along Ridgewood Avenue, as he has heard of conflicts with property owners. Mr. Greene indicated he is only aware of one property where a conflict exists and that property owner is Mr. Pindziak. Discussion ensued and included: the relocation of certain FPL Poles for completion of the east sidewalk; that people are still riding their bikes in the road; that Florida allows bikes to be in the road way; that any solar lights which conflict with a property owner would be relocated; that shortcuts on the surveying and project monitoring have caused many issues; that Staff should have been out in front of some of these problems; in the future, the Council should take another look at the parking in the right -of -way issues; whether signage is needed indicating no pedestrians in roadway; the Florida Law requiring three feet be kept when passing a bicycle; whether the City is liable for anyone who is hurt; that the roadway does not meet the City's ordinance for a 24 feet travel lane; and the location of lights in relation to the East / West streets. During the discussion, Mayor Pro -Tem Hoog requested a legal opinion from the City Attorney as to liability for the constrained roadway in relation to the law requiring three feet separation when a vehicle is passing a bicycle. Mayor Pro Tem Hoog noted a discussion that occurred at the Space Coast League of Cities meeting in relation to the person who is taking the money at the door. Mrs. Walsh indicated it was her understanding that the host City is to provide a person to collect the money when people check in. Mrs. Walsh indicated she will check into this. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:08 P.M. Rocky RandeIs, MAYOR Angela M. Apperson, CMC, City Clerk