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HomeMy WebLinkAboutMinutes 09-20-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 20, 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 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 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 Mayor Randels expressed sympathy over the passing of Council Member Jim Morgan. A moment of silence was observed in his memory. Mr. John Morgan shared memories of his father's love for the City. REPORTS: None AUDIENCE TO BE HEARD: Mr. David Schirtzinger spoke about the creation of a dog park. He presented a petition with approximately 800 signatures encouraging the creation of the Laika Dog Park at Manatee Sanctuary Park. He indicated this packet was previously given to the Mayor and the City Manager several weeks ago. Prior actions of the City Council to not spend any City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2011 Page 2 of 7 more time on the project until funds are budgeted were discussed. Mr. Schirtzinger indicated if the Council would designate the property at Manatee Sanctuary Park for a Dog Park, private funding efforts could begin. Discussion continued and the item will be scheduled for further discussion at the October 18, 2011 meeting. Ms. Shannon Roberts noted a meeting with County Commissioner Nelson. She conveyed concerns that the installation of parking meters could push the parking of vehicles to the interior of the City. She shared her concerns that there was never a workshop on the installation of parking meters and felt the administrative costs are not known. Ms. Roberts thanked City Manager Greene and Planning and Development Director Brown for attending the meeting with County Commissioner Nelson. She explained the City of Cocoa Beach had an interesting way of managing the renewal of their FPL Contract. They appointed Commissioner Pruitt to lead a Citizens Committee, who then reported to the full Commission the recommendation to propose a fifteen (15) year contract, and a buyout provision for the City to take over the electric utility. Ms. Roberts noted there are currently 33 -35 of the 101 street lights in the City out of service. She indicated it has been more than 30 days since the outage was reported to FPL and encouraged the City to work with Mr. Sanderson of FPL to get them repaired. 1. Community Development Block Grant Public Hearing and Application Requirements: a) Approve Resolution No. 2011 -20, Adopting an Affirmative Action Plan, including a policy relating to the employment of small and minority businesses for use in administering Community Development Block Grants, and a policy relating to the employment of minorities by Cape Canaveral; b) Approve Resolution No. 2011 -21, Adopting a Citizen Participation Plan for the Community Development Block Grant Program of the City; c) Approve Resolution No. 2011 -22, Adopting Complaint and Grievance procedures for the City's Community Development Block Grant program; d) Approve Resolution No. 2011 -23, Adopting an Anti - Displacement & Relocation Policy; e) Approve Ordinance No. 10 -2011, Adopting a new Chapter 36 of the City Code to be entitled "Fair Housinq;" providing for a declaration of policy to prohibit discrimination in housing on the basis of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age; providing definitions; designating as unlawful certain discriminatory practices in the sale or rental of housing, as well as in advertising in connection therewith, in the financing of housing, and in brokerage services related to exceptions; providing for an administrator to be designated by the City of Cape Canaveral and prescribing the general powers and duties of such administrator, prescribing action upon a determination of probable cause, and authorizing the a j 1 City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2011 Page 3 of 7 promulgation of forms and regulations; making provisions for the filing of complaints and responses thereto, and the processing thereof by the administrator; providing for additional remedies; providing for prohibiting untruthful complaints or false testimony; providing for penalties for violation of such code. Mayor Randels provided a brief explanation of the item. He indicated all five items will be considered together. Assistant City Attorney Latorre read the titles of the Resolutions and the Ordinance into the record. Mr. Fred Fox, Fred Fox Enterprises, provided further explanation of the process and the grant categories. He also explained the work to be done should the Council wish to proceed with the application preparation, the Citizens' Advisory Task Force recommendation and work to be done by Staff, the developer and his company to prepare an application for Council to consider at a future meeting. Council Members' questions were responded to by Mr. Fox and City Manager Greene. The discussion included the City opting out of the County's program, chances of funding, match money that is needed, the developer's contribution and the costs to the City to complete the portions of the roadway from the ALF west to Thurm Blvd. The Public Hearing was opened. Mr. Leo Nicholas asked if any of the funds would be available for North Atlantic Avenue, to which Mr. Greene indicated the City is only eligible for the CDBG Funds due to the job creation at the Assisted Living Facility; however, the City has applied for Space Coast TPO funding for improvements along North Atlantic Avenue and on Central Blvd from Ridgewood Ave west to Thurm. Al Visidomini asked if the funding is tied to the employment of local individuals. City Manager Greene indicated this is geared to be local job creation. Ms. Shannon Roberts inquired as to the Citizen Participation Board and why the Business and Economic Development Board is not involved. The Public Hearing was closed. The submission of a grant application under one of the other categories was discussed. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, to approve Resolution Numbers 2011 -20, 21, 22, 23 and Ordinance No. 10 -2011. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. City Manager Greene explained the need for an additional motion regarding the preparation of the application. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, to proceed with the application. City Manager Greene indicated based upon the public input and the ideas presented, this is the most viable project available at this time. Mr. Fox clarified under the other three categories you can only have one grant open at a time and in economic development you can apply every year, as long as the other projects are on schedule. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Mayor Randels thanked Mr. Ringdahl for proceeding with the construction project. CONSENT AGENDA: 2. Approve Minutes for Regular City Council Meeting of August 16, 2011: City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2011 Page 4 of 7 3. Approve Resolution No 2011 -12; Reappointing Regular Members, Donald Dunn and Harry Pearson to the Planning and Zoning Board: 4. Approve Resolution No. 2011 -17; Reappointing a Regular Member, John Bond to the Board of Adjustment: I 5. Approve Resolution No. 2011 -24; Reappointing a Regular Member, Jean Deck to the Library Board: 6. Approve Resolution No. 2011 -14; Authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Services Between the City and the Cape Canaveral Volunteer Fire Department, Inc.: 7. Approve Resolution No 2011 -15; Authorizing an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and J.R. "Jack" Parker, as Sheriff of Brevard County; providing for an effective date: 8. Approve Resolution No. 2011 -19; Authorizing an Agreement between the City of Cape Canaveral, Board of County Commissioners of Brevard County, Florida and the Canaveral Port Authority for E911 Dispatching Services and Fire and Emergency Medical Coverage for the county unincorporated area identified in Appendix A and B, so as to better protect the lives and property of its citizens: 9. Approve Annual Extension of the Street Sweeping Services Contract in the Amount of $8,304.24 with USA Services of Florida, Inc. : 10. Approve Annual Extension of the Fertilization, Insect, Disease, Weed Control and Pest Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest Control, Inc.: 11. Approve Annual Extension of Mowing Services Agreement in the Amount of $178,939.10 with Nick's Lawn Service, Inc.: 12. Approve Traffic Signal Maintenance Interlocal Agreement between Brevard County and the City of Cape Canaveral: 13. Approve a lien reduction for Case No. 2010 - 00112, 209 Pierce Avenue, Unit A from $8,350 to $1,354.86: 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. A motion was made by Mayor Pro Tem Hoog, seconded by Mr. Petsos, to approve Consent Agenda Item Nos. 2 -13. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 1 I I I City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2011 Page 5 of 7 RESOLUTION: Public Hearing: 14. Approve Resolution No. 2011 -16, a Resolution of the City of Cape Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011/12. Assistant City Attorney Latorre read the title of the Resolution into the record. The Public Hearing was opened. Mrs. Marilyn Nicholas noted the prior referenda items approved by the voters for taxes. She asked how three of them have been combined into one item called General Fund. City Manager Greene explained under FL Law the City is allowed to levy up to 10 mills for General Government. However in the recent fiscal years the General Fund has actually subsidized the Police and Fire Millage. The millages at their caps did not provide sufficient revenue to operate the Police and Fire Departments. Mr. Greene indicated the Library Tax stands alone because of the way it was set up as a Special Dependent District. The Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Resolution 2011 -16. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 15. Approve Ordinance No. 07 -2011, Adopting the Proposed Budget for Fiscal Year 2011/12. Assistant City Attorney Latorre read the title of the Ordinance into the record. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos, to approve Ordinance No. 07 -2011, at the second Public Hearing, adopting the Proposed Budget for FY 2011/12. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 16. Approve Ordinance No. 08 -2011; amending Section 18 -3 of the City Code, relating to regulation of weapons during civil emergencies; 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. Mayor Randels provided a brief explanation of the Ordinance. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog for approval at second reading of Ordinance 08 -2011. The Public Hearing was opened. An individual who did not identify herself indicated she didn't understand the purpose of this Ordinance. City Manager Greene and Assistant City Attorney Latorre provided further explanation. The Public Hearing was closed. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCES: First Public Hearing: 17. Approve Ordinance 06 -2011, Amending Chapter 110 of the Code of Ordinances related to Pain Management Clinics; providing that Pain Management Clinics may be City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2011 Page 6 of 7 permitted as Special Exceptions in the C -1 and C -2 zoning districts; amending definitions; providing for supplemental district regulations applicable to Pain Management Clinics; providing Pain Management Clinic Special Exception revocation procedures. Assistant City Attorney Latorre read the title of the Ordinance into the record. Mayor Randels briefly explained the purpose of the Ordinance. Mayor Pro Tem Hoog noted the revocation clause for a Special Exception. Assistant City Attorney Latorre explained there is a County wide Moratorium for Pain Management Clinics, which is in place until August 2012 and by passage of this Ordinance, the City is not opting out of the Moratorium, but is making sure we are ready when the when the Moratorium is lifted. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance 06- 2011. 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, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 18. Ordinance No 09 -2011, amending the City Code regarding consideration of matters before the City Council in furtherance of ensuring efficient, effective and decorous meetings; establishing a Code of Conduct for City Council Members; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date. Mayor Randels provided an explanation of the Ordinance. Assistant City Attorney Latorre read the title of the Ordinance into the record. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh for approval of Ordinance 09 -2011. The Public Hearing was opened. Council Member Walsh asked if this Ordinance applies to all Boards and Committees. City Manager Greene indicated it should be applicable City wide. Assistant City Attorney Latorre indicated, as written, it does not apply to the Boards and Committee Members; however this can be added to the Code in a different part of Chapter 2. A consensus was reached to add this to the upcoming Ordinance for the Board restructuring. Ms. Shannon Roberts requested to have a deputy present at all the Council Meetings and the workshops. She noted some discord at a recent Special Meeting both in the meeting room and in the parking lot. City Manager Greene explained as a matter of course there is usually a law enforcement officer present; however, the night referred to by Ms. Roberts there was a shooting that prevented their presence. The Public Hearing was closed. The motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. REPORTS: 19. Council: Assistant City Attorney Latorre reviewed the Charter Requirements related to the filling of vacancies and the need for a Special Election. Discussion ensued and included costs for the Special Election; whether a mail ballot election could be held; whether there should be a referenda question to amend the Charter to revise the requirement for a Special Election; and the process that will be used to appoint an individual to the vacant seat until a Special Election is held. Consensus was reached to receive City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2011 Page 7 of 7 applications until noon on Friday, September 30th and hold a Special Meeting on October 4, 2011; where the applications will be considered and, if possible, an appointment made and to continue to prepare the necessary document for a Charter Amendment to change the language for filling of a vacancy back to that of the prior Charter. Council Member Walsh asked for an update on the Liens procedures. City Manager Greene indicated Staff is still working on that; however this application was received prior to the discussion. Council Member Petsos spoke about 33 street lights are out within the City. City Manager Greene indicated the problem with 19 of the lights is more than the bulb being burnt out. Assistant Public Works Director Ratliff explained the outage for the lights from Church Lane, north to the Port have an electrical issue which is under investigation by FPL. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:03 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida