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HomeMy WebLinkAboutMinutes 03-15-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY March 15, 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 Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kate Latorre Parks and Recreation Director Robert Lefever Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Treasurer Andrea Bowers City Clerk Angela Apperson PRESENTATIONS: Certificate of Appreciation to Mr. Albert Kowalsky — School Crossing Guard: Mayor Randels presented Mr. Kowalsky with the Certificate and praised his many years of service. Mr. Kowalsky relayed his positive experiences working with the youth and the City. Approve a Proclamation designating March 2011 as "Red Cross Month ": Mayor Randels noted the "Big Red Bus" will be at Manatee Sanctuary Park on Saturday, March 19, 2011 from 12 to 3 p.m. Mr. Edward Loftin, Chairman of the Board for the Space Coast Chapter City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 2 of 5 of the American Red Cross, explained the work of the Red Cross. Mayor Randels read the Proclamation into the record and presented it to Mr. Loftin. Deputy of the Month for February 2011 - Deputy Sara McLennon: Commander Alan Moros presented Deputy Sara McLennon with the plaque for her work. Accept the 2009/2010 Fiscal Year Audit — Presentation by Bernadette Britz- Parker, James Moore & Co.: Ms. Britz- Parker reviewed the presentation and indicated the City of Cape Canaveral is in good financial health. Discussion ensued and included: the use of the positive pay option with the bank for increased account security; the recommendation to have an outside investment advisor and the possibility of creating an investment committee; to check into the reasons the City of Palm Bay chose not to use an investment committee; the graphs, charts and statistical section of the CAFR were prepared by City Staff; the money that is set aside by ordinance for emergencies is 20% or 2.4 months of the current budget; what amount is earmarked for projects and how much money is available; the requirement of GASB 54 to further break down the fund balance into specific identifiable sections; the results of TABOR, should it pass the State Legislature; and a future agenda item will be prepared to have the City Council ratify the restricted funds, identified for specific projects. A motion was made by Mr. Petsos, seconded by Mr. Morgan, for approval. 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: Assistant City Attorney Kate Latorre provided an update for the Harbor Heights Easements. She indicated today at 4 p.m. she received a fax from the Property Owner's Attorney, which raises new issues related to the property to the south of the two properties and relates to the return of a former sewer easement and the survey. She indicated she and Staff will evaluate the new issue and follow up appropriately. AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels read the title of the items into the record and inquired if any items are to be removed from the Consent Agenda for discussion. Council Member Walsh requested Item 8; Mayor Pro Tem Hoog requested Item 7; Council Member Petsos requested Item 3 and Mr. Leo Nicholas requested Item 6 be removed for discussion. 1. Approve Minutes for Regular City Council Meeting of February 15, 2011. 2. Approve a Proclamation designating April 22, 2011 as "Earth Day ". City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 3 of 5 3. Ocean Lifeguard Agreement between Board of County Commissioners of Brevard County and City of Cape Canaveral (2011). 4. Approve Resolution No. 2011 -04, Temporary Suspension of Permit Fees for Electronic Signs. 5. Award of Bid for Rehabilitation of Lift Station #2 (LS #2) located on the north side of Center Street to Danus Utilities, Inc., Port Orange, Florida, in the amount of $ 28,311. 6. Award Bid to JAR Construction, Inc. for Construction of Stormwater and Structural Improvements to the Southern Portion of the Central Ditch in the Amount of $95,115.30; Authorize City Manager Execute Contract. 7. Reduction of an Outstanding Lien; Code Enforcement Case No. 2010 - 00037, 7521 Magnolia Avenue. 8. Request for City Council Approval of Tree Bank Contribution in Lieu of Removal — Ocean Oaks Condominium. A motion was made by Mayor Pro Tem Hoog, seconded by Mrs. Walsh, to approve Consent Agenda Item Nos. 1, 2, 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. #3. Council Member Petsos led the discussion, asking if the City Council wanted to eliminate this service and rely upon the County to supply lifeguards. The discussion also included: the current practice of only guarding one beach end and only doing so part-time; the inability to obtain the number of rescues at this location over the past few years; the County's use of a roving lifeguard from Cherie Down Park south to the Cocoa Beach Pier; that the attendance on the beach within the City limits has not reduced; if the City is not going to meet the USLA standards, the City should not do it at all; certain signage is required to reduce the City's liability; and certain facilities may necessitate life guard coverage. A motion was made by Mayor Randels, seconded by Mr. Morgan, to support the City Manager's recommendation not to enter into the Ocean Lifeguard Agreement with the Board of County Commissioners of Brevard for 2011. Discussion continued and included: whether parking meters could be installed to fund the lifeguard service and if there is support from the entire Council to pursue parking meters. 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. #6. Mr. Nicholas explained his reasons for asking for this item to be removed. Mr. Ratliff described the improvements. Council Member Petsos complimented Staff on the work to bring this item forward. A motion was made by Mayor Pro Tem Hoog, City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 4 of 5 seconded by Mr. Morgan, to approve. 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. #7. Mayor Pro Tem Hoog led the discussion raising concern over the City's expenditures to pay for services such as solid waste, recycling, sewer and stormwater; whether liens were filed for these past due services; whether the Code Enforcement Board could include the arrearages for these service in their Board Order; the need for administrative procedures to be responsive in a timely manner; and comments from Linda Bunting, representing her Mother -in -law who is the former property owner by default of a mortgage, indicating a lien for these services was filed by the City of Cocoa, has been paid and the money for the Code Enforcement lien is being held in escrow from the recent sale of the property. A motion was made by Mr. Morgan, seconded by Mrs. Walsh, to accept the City Manager's recommendation (to reduce the lien to $1,632.90). 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. # 8. Mrs. Walsh asked for clarification as to when the trees were removed. Mr. Morley indicated he was not aware that the trees were removed. Mr. Morgan asked if that meant they were removed without a permit, to which Mr. Morley responded in the affirmative. Mr. Hoog indicated he did not agree with the types of trees to be re- installed. Mr. Morgan felt the trees need to be unobtrusive and not destroy the sidewalks and parking lots. Motion by Mayor Randels, seconded by Mr. Morgan, to disapprove of the request. City Manager Greene requested Council take no action and let Staff follow up administratively. The motion and the second were withdrawn. ORDINANCE: First Public Hearing: 9. Motion to Approve: Ordinance No. 01 -2011, Amending Articles II and III of Chapter 2, Administration, of the Cape Canaveral City Code related to the City Council and City Officers and Employees; making amendments consistent with the adoption of the new City Charter; making minor editorial and conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Assistant City Attorney Latorre read the title of the Ordinance into the record. She explained the change in the Charter necessitated changes to certain sections of the City's Code of Ordinances. Discussion included the removal of ordinances having to be filed with a particular Staff member; how adding items to the agenda would be handled; an Attorney General's Opinion as to handling of items to be added to the agenda and that certain topics cannot be added to the agenda once published. A motion was made by Mr. Petsos, seconded by Mr. Morgan for approval of the Ordinance 01 -2011. 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: City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 5 of 5 10. Council Council Member Morgan commended the work done by Mr. Greene and suggested a bonus or raise to recognize his exemplary work. Discussion ensued and included: what the amount of the bonus should be, the language of the employment contract, the need for an item on the next agenda to further discuss the suggestion and to include the contract. Council Member Petsos asked the City Manager and Staff to study and make a recommendation on whether utility billing should be brought back in- house. Mayor Randels: • Space Coast Area Transit received funding from Florida Department of Transportation (FDOT) to fund the 520 bus and the A1A, South /North bus at the current 1 /2 hour interval until 11 p.m. because ridership has increased. He also indicated 8 new 35 ft. buses will also be paid for by FDOT and many other cities have made positive comments about the bus shelters that were installed. • Noted a new program that is available "Feet not Fuel.com" goes hand in hand with National fitness campaign. This is a competition for the students. • Reported Brevard Historic Society may be relocating to the 2nd floor of the Central Library Facility in Cocoa. • Noted a new program "Hi -Five Kids Pack Partner" at Cape View Elementary in cooperation with the Second Harvest Food Bank of Central Florida and IAP Worldwide Services to provide 2 boxed lunches for kids to take home for the weekend. Joyce Hamilton noted the people who were helping prepare the lunches are not able to do so anymore and the school is looking for additional assistance. Robert Lefever added the Youth Center has started a program to feed the kids when they are not in school because of spring break or holidays. This does not include weekends. Joyce Hamilton noted the successful dodge -ball tournament this past weekend and encouraged everyone to attend the Spring Festival at Manatee Park this weekend. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:30 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk SEAL of Cape Canaveral, Florida