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HomeMy WebLinkAboutMinutes 04-19-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY April 19, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:01 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 Clerk Angela Apperson PRESENTATION: Presentation of International Institute of Municipal Clerks (IIMC) Certified Designation of Master Municipal Clerk Plaque and Pin to Angela A. Apperson by Patricia J. Burke, MMC, Town Clerk — Town of Palm Shores and Loredana Kalaghchy, MMC, City Clerk — City of Cocoa Beach: Town Clerk Pat Burke explained the requirements to attain the MMC Certification. She presented Ms. Apperson with the plaque and pin. Presentation of 2011 Spring Quarter Beautification Award for Single Family Residence within the City of Cape Canaveral: Mrs. Judy Hale presented the award and the $25.00 gift card to Deirdra Gillieson and Brian Kay, 105 Cocoa Palms Ave. City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 2 of 6 Certificates of Appreciation Presentation to the community group members of "Computers for Kids ", located in the City of Cape Canaveral: Mayor Randels explained the program and the benefits to the children of Cape Canaveral. Mayor Pro -Tem Hoog added additional details of the program and noted 500 computers have been distributed and most recently 3 children in the Police Athletic Program received computers. Mayor Pro -Tem Hoog presented certificates to Nick Barnes, Jim Crouse, Ted Hackler, Eugene Nelson, Tony Pierro, Nelson Mixon, Tom Purer, Joyce Hamilton, Ed Hradesky and Jim Morris. Mayor Randels spoke of a newspaper article from 2008 which featured the program. Mayor Pro -Tem Hoog encouraged citizens who are replacing their computer to donate their old system to the program which is located at 166 Center Street, Suite 201, Cape Canaveral. REPORTS: Assistant City Attorney Kate Latorre provided an update on the Harbor Heights easements. She indicated the discrepancies in the surveys have been corrected and will be sent to the property owner's attorney tomorrow. She was cautiously optimistic there will be no other issues and the documents would get executed soon. 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. Mr. Mike Anderson asked for item # 10 to be removed from the agenda, until the owners of the company could review the proposed contract. He felt there should only be one vendor. Mayor Randels indicated the RFQ was a non - exclusive contract. City Manager Greene indicated the ordinance allows for two vendors, that is what was advertised and being recommended. Mr. Leo Nicholas questioned the terms of the contract for item #10. Mr. Greene indicated it is a 1 year contract with an option for two renewals. The item remained on the Consent Agenda. 1. Approve Minutes for Regular City Council Meeting of March 15, 2011. 2. Approve a Proclamation Designating the Week of April 17 - 23, 2011 as "Childhood Cancer Awareness Week ". 3. Approve a Proclamation Designating the Week of May 15 - 21, 2011 as "National Public Works Week ". 4. Approve a Proclamation Designating Friday, April 29, 2011 as "Arbor Day ". 5. Approve a Proclamation Designating the Week of May 1 - 7, 2011 as "Municipal Clerks Week ". City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 3 of 6 6. Approve Resolution No. 2011 -05; Reappointing a Regular Board Member, Judi Cameron, and a First Alternate Member, Walter Bowman, to the Community Appearance Board. 7. Change Order #7 to Brewer Paving & Development, Inc. in the amount of $32,828 for additional construction tasks /quantity adjustments on the Ridgewood Avenue Improvements Project. 8. Authorize the City Manager to negotiate continuing services contracts with selected firms for Professional Engineering /Surveying, Planning, Consulting and Architectural Services as submitted in response to RFQ 2011 -01. 9. Approve Library Board recommendation for Capital Expansion Fund Expenditures. 10. Award contracts for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non - Alcoholic Beverages to The Sweet Spot and H2O; ensure consistency /compliance with Ordinance requirements; and authorize the City Manager to sign contracts for same, without need for further City Council approval. A motion was made by Mayor Pro -Tem Hoog, seconded by Council Member Walsh, to approve Consent 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. ORDINANCE: Second Public Hearing: 11. 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. A motion was made by Council Member Petsos, seconded by Council Member Morgan, for approval of Ordinance 01 -2011. 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. ORDINANCE: First Public Hearing: 12. Ordinance No. 02 -2011, amending Section 110 -486 of the Code of Ordinances related to resort dwellings and resort condominiums; requiring nonconforming resort dwellings and resort condominiums shall be considered abandoned and lose their City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 4 of 6 nonconforming status if their state license lapses for more than 180 days; 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. Building Official Morley reviewed the proposed change to the ordinance and the recommendation of the Planning and Zoning Board to proceed with the change. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance 02 -2011. The public hearing was opened. Ms. Joyce Hamilton inquired as to notification from the State, Department of Business and Professional Regulation, when the license expires. Mr. Morley indicated the state sends renewal notices to the property owner a few months prior to expiration. He clarified the City requires a copy of the current state license when the Local Business Tax Receipt is renewed. Ms. Hamilton felt the current process could allow the license to be expired for almost a year before the City would find out. Mr. Morley noted the state website can be checked at any time, by any one. 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. 13. Ordinance No. 03 -2011, amending Chapter 110 Zoning, Article VII, Districts, of the Code of Ordinances to permit Breweries with Tasting Rooms and Associated Retail Sales in the M -1 Light Industrial and Research and Development Zoning District; 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. Planning Director Barry Brown explained the Florida Beer Company is considering relocating and add tours /beer tastings to Cape Canaveral and has filed a request to amend the City Code to allow a brewery in an M -1 District. The Comprehensive plan is silent on this activity in an industrial land use; the Vision statement calls for the City to actively attracts businesses that enhance the economic viability and serve the residents and visitors and this project certainly meets the Vision statement. The Planning and Zoning Board and Staff recommend approval of the request. Discussion ensued and included: enthusiasm with regard to the possible relocation to the City; that off- site signage will be needed to ensure promotion of business and ease of locating the facility. The public hearing was opened. Ms. Joyce Hamilton spoke in favor of the proposal and offered her support to the business. Mr. Jim Massoni indicated the brewing industry is one of the fastest growing and is one of the leading job creators in the Country. He indicated distributers will also come to the area. He and his partners were the developers of the Kiwi Tennis Club in Indian Harbor Beach and pledged the same quality in this project. He explained there is very little impact to the environment, the facility will immediately transfer 35 employees and have the potential to grow to employ 135 individuals over the next few years, with an average wage of $30 to $35,000. per year. A motion was made by Council Member Walsh, seconded by Mayor Pro -Tem Hoog, 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. City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 5 of 6 DISCUSSION: 14. Discuss and determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and David Greene, City Manager: Mayor Randels reviewed the activities to date. Council Member Morgan encouraged Council to move forward with a bonus. Discussion ensued and included whether the Council should give Mr. Greene a bonus or an increase to his yearly wage, retro- active to when the six month probation ended; that the employees only received a maximum of 1.5% raise if they received an excellent performance evaluation; and the sum of a bonus if that is what was decided upon. Consensus was reached, with Council Member Petsos dissenting, to award a bonus of 6,000.00 to Mr. Greene. The discussion turned to when the yearly evaluation would be due. Consensus was reached to have the City Manager prepare a self - evaluation, distribute that to the City Council, who will then proceed with the evaluation to be presented on June 21, 2011. 15. Discussion Sidewalk Status — Harbor Heights Subdivision: Mr. Morgan explained he brought this item forward because newly developed properties have installed sidewalks in front of the homes and he would like to provide sidewalks in front of the older homes, so there will not be sidewalks that do not go anywhere. Discussion ensued and included: that there should be no additional charges to these residents, as many other areas had sidewalks installed at no cost to the property owner; whether the residents of this area want these sidewalks; the code requirement to have sidewalks on all new construction; the Vision statement which encourages sidewalks throughout the City; that there should be a survey of the property owners to see if they desire them; that this subdivision is not a thoroughfare, nor is it a major part of the Prime Path Program and it shouldn't be a priority for completion; whether there is sufficient right -of- way for the project or if easements would be needed; that shrubbery, and plantings would have to be removed on certain properties to construct the sidewalk; that there is no home owners association in this subdivision and what items should be included in a letter to property owners. After a lengthy discussion, no action was taken. REPORTS: 16. Council Council Member Morgan: Suggested the City start a program to paint the bicycles that are unclaimed property a very recognizable color and leave them at the bus stops for public use, with the understanding the bicycles will be left at their destination. Mr. Lefever indicated his research shows these programs work in other areas, and are successful. He noted the need to have bike racks at all bus stops and businesses. Mayor Randels committed to getting bike racks at the bus stops. Mayor Pro Tem Hoog: Requested the City Council re- address the Harbor Heights Stormwater /easement issue to form a consensus to move forward with an eminent City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2011 Page 6 of 6 domain action on the hold out properties. Ms. Latorre advised the letter with the revised surveys will be sent to the property owner's attorney tomorrow. The request was discussed. Consensus was reached to send the letter to the property owner's attorney indicating a response is needed within one week or the City will proceed with appropriate legal action. Council Member Petsos: • Update on parking meters, to which Mr. Greene stated an agenda item is being prepared for the May 17, 2011 Council Meeting. • Update on the status of the Red light cameras. City Manager Greene reported Staff is working with a firm to analyze intersections within the City. He noted the pending legislation which could change the regulations. An agenda item was requested for the next meeting to further discuss this item. • Update on the status of local regulation of "Pill Mills ". Mr. Greene advised staff research is ongoing and a recommendation may be ready for the next council meeting. • Requested an agenda item for the next meeting to discuss changing the Consent Agenda Policy, to change the policy to waive the reading of each item. • Noted the chairman of the Natural Resources Commission has indicated he will work with the City to get another row of sand fences on the beach. Mr. Bandish advised many of the fences were falling apart and were discarded; some remain for necessary repairs. • Noted the City of Rockledge has to make repayments to FEMA. He asked for information on whether the City has to make repayments and stated if the City does, the Florida League of Cities is willing to assist the City in discussions with FEMA. Mayor Randels: Noted the at the last TPO meeting the SR A1A Complete Streets Project from Pineda Causeway north to Port Canaveral was moved to the number one priority in the design build category with funding available for FY 11 and FY 12. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:04 P.M. Rocky Randels, MAYOR Angela M. Apperson., MMC, City Clerk SEAL of Cape Canaveral, Florida