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HomeMy WebLinkAboutMinutes 08-16-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 16, 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 City Attorney Anthony Garganese Parks and Recreation Director Robert Lefever 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. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Treasurer Andrea Bowers City Clerk Angela Apperson PRESENTATION: Plaque presentation to City Council by the City of Cocoa Beach in recoqnition of the City's $10,000 contribution towards the 2011 Cape Canaveral /Cocoa Beach Community Fireworks Show held on July 3, 2011: Cocoa Beach City Commissioner Dave Netterstrom presented the Plaque of Appreciation to Mayor Randels, who noted the City plans to participate in 2012. City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2011 Page 2 of 6 Visioning Implementation Accomplishments: Barry Brown highlighted the accomplishments towards the implementation of the Vision Statement. Mayor Randels encouraged individuals to review the complete listing of accomplishments, which is on the website. Dianne Marcum, a member of the Visioning Committee, expressed her feelings that economic development is separate from the vision. She hoped the citizens would continue to be involved in the accomplishments and encouraged the implementation of the dog park as it was the number one item the Citizens wanted. Shannon Roberts echoed the sentiments of Mrs. Marcum and encouraged the re- engagement of the citizens. Brownfields Redevelopment Program Presentation: David Goldman, of Kimley -Horn and Associates, Inc., explained the program, its benefits and the incentives. Council Members' questions and concerns included if the City would assume any liability for clean -up once a designation is made, to which Mr. Goldman responded in the negative. The success of the Brownfield area in Melbourne was noted. Ruth Montgomery inquired as to the definition of affordable housing. Mr. Goldman indicated the definition is very broad and does not only mean a low income development. Shannon Roberts asked for the cost of the consultant, to which Mr. Greene responded approximately $10,000.00. REPORTS: None AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels read the title of the items into the record; gave a brief explanation of some of them and inquired if any items are to be removed from the Consent Agenda for discussion. No items were withdrawn. 1. Approve Minutes for Regular City Council Meeting of July 19, 2011: 2. Approve Interlocal Agreement with Brevard County for the Development of Alternate Total Maximum Daily Loads (TMDLs) and Approve Funds in the Amount of $2,686 for the City's Share in the Completion of a Computer Modeling Study: 3. Approve donation of the 1978/91 Pierce Pumper to Monticello, Florida, Volunteer Fire Department: 4. Approve Interlocal Agreement for City's Participation in the Brevard County Public Entity Purchasing Cooperative: A motion was made by Council Member Morgan, seconded by Mayor Pro Tem Hoog, to approve the four Consent Agenda items. The motion carried 5 -0 with City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2011 Page 3 of 6 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: 5. Ordinance No 05 -2011, granting to Florida Power & Light Company, its successors and assigns, an Electric Franchise, imposing provisions and conditions relating thereto, providing for monthly payments to the City; providing for the repeal of prior inconsistent Ordinances and Resolutions, providing for qualified severability, providing for incorporation into Appendix "A" of the City Code, and providing for an effective date: City Attorney Garganese read the title of the Ordinance into the record. He noted a letter of agreement which is in addition to the Franchise Agreement which outlines certain operational issues. Mayor Randels explained the " most favored Nation Clause" gives the City any increase in Franchise Fees that may be negotiated by any other community. The public hearing was opened. Shannon Roberts thanked FPL for the great service provided. She objected to a 30 year term and encouraged a 10 year agreement which could allow the use of new technologies. She asked about the customer service standards. Mr. Greene indicated the Agreement addresses the smart grid technologies; is non - exclusive; allows the selling of energy back to FPL; is mostly a right -of -way use agreement and continues the long term relationship. Mr. Sanderson added the company has 177 franchises within the State and all are 30 year agreements. He stressed the Agreement does not prohibit implementation of any technology that may come in the future; the Customer Service Standards are not built into the Franchise Agreement. He explained changes made to achieve better service with the repair /replacement of Street Lights and customer service standards. Dianne Marcum and Ruth Montgomery complimented the reduced number of power outages experienced. Mr. Sanderson indicated FPL has adopted the National Electric Codes classification of extreme and has elevated the level of the construction for installations and replacements, as well as the inspection of poles for structural integrity. The public hearing was closed. At the urging of Mayor Randels, Mr. Sanderson explained of the 55 entities that provide power within the State, FPL has the lowest rates. He noted the "Cape Canaveral Plant" is being reconstructed and should be finished in May of 2013 and this will be one of the most energy efficient plants in the state. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Morgan, to approve Ordinance 05- 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 Mr. Sanderson thanked the City Manager and the City Attorney for their professionalism during the negotiations. DISCUSSION: 6. Proposed Revisions to the Development Approval Process and Restructuring of Advisory Boards and Committees: Mayor Randels noted some of the goals of the reorganization are to make the City's development approval process user friendly, less costly and time consuming; support job growth and economic development and result in a better built environment. He indicated the proposed change to seven voting members City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2011 Page 4 of 6 will allow all Board Members to participate fully at the meetings. Mayor Pro Tem Hoog was glad to see this item moving forward. Council Member Walsh complimented the streamlining efforts and questioned if the changes would include the Code Enforcement Board and the Library Board. Todd Morley responded the Code Enforcement Board has seven members and would be included in these changes. Angela Apperson indicated the Library Board has two alternates; it is the intention to include them in these changes and the Board would formulate a recommendation if Council decides to move forward with the proposal. Mrs. Walsh noted the passing of the Visioning Committee duties to the proposed new Business and Economic Development Board, to have some members of the Visioning Committee serve on the new Board and sun -set the Visioning Committee. Mr. Greene expressed his belief related to the number of Boards that Staff can effectively administer and that the visioning efforts are clearly in the Council's and Staffs mission. Lamar Russell, Planning and Zoning Board Chairman, agreed seven members is a good change and term limits are acceptable. Mr. Russell asked if the P & Z Board would continue to do fact finding for variances and special exceptions, to which Mr. Brown responded not for variances, but for special exceptions. Dianne Marcum complimented the use of seven members and noted this was one of the items in the Redevelopment Plan. She felt the City should have a joint orientation to explain the roles /responsibilities to the Board Members and the need to have a proactive effort to recruit members for the Boards. The residency requirements for membership on the Boards were discussed. Shannon Roberts felt the Code of Ordinances needed to be revised as well. Mr. Greene indicated that was definitely a part of this effort. Ms. Roberts urged the Chairpersons of the Committees /Boards to get together from time to time to share ideas. She expressed her desire for the Leisure Services Board be named Culture and Leisure Services Board so as not to lose the cultural, learning and /or historical aspects of the community. Mr. Greene indicated the title could be expanded and the duties would reflect the cultural, learning and historical items. Joanne Muncey felt Board Members want to streamline and avoid duplication of efforts. She encouraged taking the time to better define the roles /responsibilities. Leo Nicholas inquired if the proposed changes were discussed with the Boards. Mr. Greene indicated the Board Members received a copy of this information as well as the Visioning Report. Mr. Brown indicated he spoke with Chairpersons for the Planning and Zoning Board and the Board of Adjustment. Mr. Nicholas felt the Boards are the prime place for input from the Citizens and felt this move is to emasculate the Boards by limiting the terms and requiring re- appointment interviews, as well as being demeaning to the Members. He expressed his belief in volunteerism and felt these changes will result in a difficulty in finding people willing to serve. He felt it was a goal of the employees to eliminate the Boards and the interference from them. He felt the employees don't have the City's best interests at heart and urged for a straw poll of the board members to see how they feel. Mayor Randels noted the costs associated with staff support for Boards and Committees need to be considered when forming and deciding how many Boards or Committees to have Ruth Montgomery felt the proposed restructuring stopped a "class" system and agreed employees are doing work necessary to support the Boards. Council Member Morgan disagreed with the implementation of term limits as it would reduce the historical knowledge of the Board Members. Mayor Pro Tem Hoog agreed City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2011 Page 5 of 6 that term limits may be a bit much, but the re- application and interview process should be implemented. Mr. Greene indicated the intent of the recommendations are to "raise the bar" for the Boards and get individuals who are enthused, energetic and committed to making a difference in the City. Also, Staff felt if the citizens wanted term limits for the Elected Officials, they would want them for the Boards as well Term limits are one way of re- inventing the City, as new thoughts and ideas are introduced. Dianne Marcum asked if individuals reaching their term limit could apply for other Boards, to which an affirmative reply was received from several individuals. Council Member Petsos agreed with the proposals and felt the recommendations were good. The use of term limits was further discussed. A consensus was reached to include term limits; however, if no new applications were received, the person reaching their term limit could be re- appointed. A motion was made by Mayor Randels, seconded by Council Member Walsh, to authorize Staff and the City Attorney to proceed with Policy and Ordinance changes to implement the recommendations. 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. Recommendation to City Council for the reduction of an outstanding lien; Case No. 2009 - 00148, 6395 N. Atlantic Avenue: Building Official Morley reviewed the recommendation of the Code Enforcement Board. Council Members' questions /concerns were responded to by Mr. Morley and Mr. Mouton. The need to better track costs for cases was noted. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, to accept the recommendation of Staff (to reduce the lien to $2,771.80 plus Attorney costs of $1,300.00 for a total of $4,071.80). Additional comments from Council Members and the City Manager were received and related to the calculation of costs /fees /charges. 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. Recommendation to City Council for the reduction of an outstanding lien; Case No. 2010 - 00132, Vacant Parcel ID #24- 37- 15 -00- 00753.1- 0000.00: A motion was made by Council Member Morgan, seconded by Council Member Walsh, that we accept Staffs Recommendation (to reduce the lien to $426.62). Dennis Basile, representing Compass Bank, indicated this is a similar situation as the last item. He stated $4,500.00 was paid to Nick's Lawn Service by the bank and Nick's has been hired to cut, as needed. Mr. Greene indicated the initial lien was paid. Todd Morley indicated the property is in compliance. 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: 9. Council Mayor Pro Tem Hoog noted his attendance at the Florida League of Cities Conference. City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2011 Page 6 of 6 Mayor Randels complimented on the individual stapling of agenda items and asked that it continue. Agreement of all members receiving a paper packet was expressed. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:08 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC; City Clerk SEAL of Cape Canaveral, Florida