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HomeMy WebLinkAboutMinutes 10-18-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 18, 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. OATH OF OFFICE: JOHN BOND: City Attorney Garganese administered the Oath of Office. ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Leisure Services Director Robert Lefever Building Official Todd Morley Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Clerk Angela Apperson PRESENTATIONS: Recognition of Brevard County Sheriffs Office, 2010 Cape Canaveral C.O.P. Volunteer of the Year Charlie Grimm: Commander Moros presented Mr. Grimm with a recognition certificate for donating 1,808 volunteer hours and patrolling 8,441 miles. Commander Moros recognized volunteer Bill Hansen who was also present. Mayor Randels further explained the COP Program, recognized the other volunteers and noted the estimated savings of $46,455.10 for the hours donated by the volunteers. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2011 Page 2 of 6 Proclamation Designating the Week of October 16 - 22, 2011 as Florida City Government Week: Mayor Randels explained the purpose of the Proclamation and noted the activities for the students at Cape View Elementary. REPORTS: Attorney Garganese provided an update on the Cape Winds Litigation. The Fire Marshall and Building Official, with the consent of the property owners, completed their inspections. He hoped a settlement could be reached. AUDIENCE TO BE HEARD: Alice Filteau complimented the weekly reports and the availability of them on the City's website. She expressed concern over the request to provide Segway tours on the beach. City Manager Greene explained Staff is investigating the possibility of allowing tours as a permitted use. Ms. Filteau advocated for consideration of individuals who have hearing impairments, as they could be run over by vehicles on the beach. Al Vicidomini thanked the City Manager for resolving a problem with the lawn cutting at the end of Lincoln Avenue. He spoke of an eight foot section of sidewalk along Lincoln that has yet to be completed. City Manager Greene indicated the area is scheduled for completion with other work in that area. Shannon Roberts noted the passing of Allen McCormack, founding member of the Cape /Port Canaveral Kiwanis Club. She expressed appreciation for all his work. Ms. Roberts expressed concern over the electronic signs that are at the entrance way to the City. She hoped the City would consider purchasing solar powered signs. She also suggested the Council pursue development of a City Flag to be flown at City Facilities and at the entrance ways. Dianne Marcum spoke about a newspaper Article on a brewery that will be moving into Cape Canaveral. She complimented the City for securing this move. 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. No requests were received. 1. Approve Minutes for Special City Council Meeting of September 6, 2011 and Regular City Council Meeting of September 20, 2011: 2. Approve Resolution No. 2011 -18; Reappointing Members, Walter P. Godfrey, Jr., Ralph S. Lotspeich, Jr. and Raymond Viens, to the Code Enforcement Board of the City of Cape Canaveral, Florida; providing for an effective date: City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2011 Page 3 of 6 3. Approve Resolution No. 2011 -25; Reappointing Member, Stephanie Robinson, to the Recreation Board of the City of Cape Canaveral, Florida; providing for an effective date: 4. Approve Resolution No. 2011 -28; Formally dissolving the Charter Review Committee; providing for the repeal of prior inconsistent Resolutions, severability, and an effective date: A motion was made by Council Member Walsh, seconded by Mayor Pro Tem Hoog, to approve Consent Agenda Item Nos. 1 -4. The motion carried 5 -0 with voting as follows: Mr. Bond, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 5. Approve Ordinance No. 06 -2011, amending Chapter 110 of the Code of Ordinances related to Pain Management Clinics; providing that Pain Management Clinics may be 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; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date: City Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels noted the dates of publication. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos, to approve. The Public Hearing was opened. Shannon Roberts raised concern over these types of businesses. City Manager Greene indicated there are a number of reporting and monitoring requirements that must be met. The Public Hearing was closed. The motion carried 5 -0 with voting as follows: Mr. Bond, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 6. Approve 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: Attorney Garganese read Ordinance title into the record and provided a brief explanation of same. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, to approve. Mayor Randels noted this Ordinance also eliminates the requirement for the Consent Agenda items to be read into the record. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Council Member Walsh reminded Staff of the need to include the Code of Conduct in the rules for Board /Committee Members. Council Member Bond expressed understanding of and support for the Ordinance. The motion carried 5 -0 with voting as follows: Mr. Bond, City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2011 Page 4 of 6 For; Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 7. Approve Ordinance No 10 -2011, Adopting a new Chapter 36 of the City Code to be entitled "Fair Housing;" 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 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; providing for the repeal of prior inconsistent Ordinances and Resolution; incorporation into the Code; severability and an effective date: City Attorney Garganese read the title of the Ordinance into the record and explained the same. Mayor Randels explained the grant application that is being pursued. A motion was made by Council Member Walsh, seconded by Council Member Bond, to approve. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5 -0 with voting as follows: Mr. Bond, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 8. Approve Ordinance No. 11 -2011; providing for a Referendum Election and Ballot Language for the January 31, 2012 Special Election; providing a referendum question proposing a revision to Section 2.06(c) of the City Charter related to filling vacancies on the City Council; providing for a notice of City of Cape Canaveral Charter Referendum Question; providing for coordination with the Supervisor of Elections; providing for severability, and an effective date: City Attorney Garganese read the title of the Ordinance into the record, explained same and read the proposed ballot language. Mayor Randels provided additional information about the proposed amendment to the Charter. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of Ordinance No 11 -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: Mr. Bond, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. DISCUSSION: 9. Dog Park: City Manager Greene provided an explanation of Staff work and recommendation for a dog park at Manatee Sanctuary Park. Mr. Greene encouraged Council to provide direction on the subject. Discussion ensued and included: which location is the least intrusive for residents, which location overall is the best site; the City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2011 Page 5 of 6 potential sites and the pros /cons of each; the dog park was the second item citizens requested during the Visioning effort and it was considered "low hanging fruit" by the Vision Committee; the use of the weekly update to keep the community informed about the potential of a Dog Park in their neighborhood; whether Cherie Down Park was explored as a location for the dog park and the opportunity for the City to partner with the county; feelings of citizens that the use of Manatee Park would be disruptive to the quiet nature of the existing park; the petition that was previously presented was of an informal nature and did not include addresses of individuals; the possibility of moving the fence further to the south (closer to the Wastewater Treatment Plant Administration Building); that the park is not proposed to be located where overflow parking is located; what private funding efforts would be; what the costs are for a minimum /basic (bare 1 bones) facility and those of an upscale facility; whether it was possible to construct a basic park to see if there were issues; that the project would not be eligible for money from the Tourist Development Council; the liability associated with a dog park and the need to have signage to reduce same; the positive economic impact a dog park could have; that the facility would not have Staffing from the City, just maintenance such as mowing, emptying of trash and stocking of the bag dispenser; the need for additional fine tuning /Staff work if the Council provides direction to move this project forward at Manatee Sanctuary Park, cost of the proposed facility and maintenance of it. A motion by Mayor Randels, seconded by Mayor Pro tem Hoog, that indeed we desire to have a dog park. Discussion continued and included the feeling of one resident that the Visioning session was not an appropriate representation of the desire of the community and the spending of funds during these difficult economic conditions. A motion was made by Mayor Randels, seconded by Mayor Pro Tem Hoog, does the City desire to follow the Vision Statement by providing a basic dog park. The desire to see how much usage a facility would receive prior to constructing an upgraded facility was also discussed. The motion carried 5 -0 with voting as follows: Mr. Bond, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. The discussion turned to where the Dog Park would be located and if Manatee Park was chosen whether the existing restrooms would also be used by visitors to the Dog I Park. Consensus was reached to locate the Dog Park at Manatee Sanctuary Park and for Staff to prepare additional information for a future agenda related to the costs. REPORTS: 10. Council: Council Member Walsh complimented the City and Staff for their work with the Brevard County Natural Resource Management Office regarding turtle lighting. Council Member Bond noted Arlyn DeBlauw is very active in the Sea Turtle Preservation Society. Mr. DeBlauw thanked the City for all their work to take care of the dead animals on the beach. i ii City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2011 Page 6 of 6 ADJOURNMENT: There being no further business, the Meeting adjourned at 9:22 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida