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HomeMy WebLinkAboutMinutes 01-20-2009CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 20, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Absent: Council Member Others Present: Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Shannon Roberts City Manager Bennett Boucher City Attorney Kate Latorre Recreation Director Robert Lefever Planning & Development Director Barry Brown Fire Chief, CCVFD David Sargeant PRESENTATIONS: 2008 Reindeer Run Proceeds Check to United Way of Brevard County and Sponsorship Recognition Robert Lefever, Recreation Director, began by acknowledging his Co -Race Director, Ms. Fran Norman. Mr. Lefever stated that the 2008 Annual Reindeer Run was a big success with 360 participants and 30 children who participated in the Fun Run. Mr. Lefever presented a check for $6,067.25 toward the 2009 campaign to Ms. Alicia McCoy representing United Way of Brevard. On behalf of the United Way, Ms. McCoy expressed thanks to the City of Cape r Canaveral, Mr. Lefever and Ms. Norman and stated that this money will be the first contribution for their 2009 campaign. The money will go to support health and human City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 2 of 10 service agencies in Brevard County; 98 different programs at 50 agencies that help children, families, seniors and individuals with disabilities. Keys to the City for Sponsors of the 2008 Reindeer Run Mr. Lefever proceeded by thanking the United Way Staff, the City's Parks and Recreation Department Staff, the City's Streets Department Staff, the Cape Canaveral/Port Canaveral Kiwanis Club and the Space Coast Runners Club. Mr. Lefever recognized the following: Maior Sponsors: United Way Blue Note Publications Brown, Garganese, Weiss & D'Agresta, P.A. Clear Channel Lite Rock 99.3 FM Running Zone Waste Management Inc. The City presented Ms. Bethanne Hull, United Way Communications Manager, Mr. Lefever, Ms. Norman and with gift baskets for their efforts. Keys to the City for Boeing Christmas Contribution Mayor Randels acknowledged employees of The Boeing Company, Titusville, FL for purchasing and assembling 98 new bicycles for the Cape Canaveral Volunteer Fire Department, the Brevard County Sheriff's Department and the Cape Canaveral/Port Canaveral Kiwanis Club to deliver to children in the City of Cape Canaveral for Christmas. Mayor Randels presented a Key to the City to Boeing employees Mr. Kevin Hoshstrasser, Site Director, Florida Operations/Space Exploration and Ms. Sandy Klotz. Ms. Klotz presented a poster with photography showing the efforts of everyone involved. Mayor Randels asked volunteers Joyce Hamilton, Kiwanis Club and Fire Chief, Dave Sargeant to speak. Ms. Hamilton noted that no child, that she was aware of, went without having their Christmas wishes met in Cape Canaveral this year. Fire Chief, Dave Sargeant informed that Mr. and Mrs. Klotz have been long time volunteers in the City of Cape Canaveral. Corporal Doug McCarty, Brevard County Sheriffs Office, spoke on behalf of Sheriff Jack Parker, Commander Doug Scragg and Deputy Mike Biecker by reading a letter of appreciation to the Employees of The Boeing Company for their generous support in the Brevard County Sheriffs Office, Cape Canaveral Precinct Christmas Wish Project this year. City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 3 of 10 Mr. Petsos recognized The Boeing Company and personally thanked Mr. and Mrs. Klotz for everything they've done over the years for the City of Cape Canaveral. Parks and Recreation Presentation to the Cape Canaveral / Port Canaveral Kiwanis Club Mr. Lefever acknowledged the continued support and volunteer efforts of the Cape Canaveral/Port Canaveral Kiwanis Club. He presented a Key to the City to Tom Mesmer, President of the Kiwanis Club. BOARD INTERVIEW: Linda Brown — Library Board Mayor Randels called Linda Brown to the podium. Ms. Brown affirmed that all of the information on her application was true and correct to the best of her knowledge. Ms. Brown explained that she was invited by Isabel Escapa, Library Director, to attend a Library Board meeting and was impressed by the dedication of the board members. She agreed with Mr. Petsos that everyone should give back to their community. Ms. Brown stated she's always volunteered and described how she started a Food Bank for the students of an aviation college in Denver, Colorado when she lived there. In conclusion, Mayor Randels stated that a Resolution to appoint her to the Board would appear on the February 3, 2009, City Council Meeting Agenda. REPORTS: City Manager • Mr. Boucher distributed the Public Works Projects Status Report to Council. Mr. Boucher stated the New Stormwater Inlets project at the 300 Block of Harbor Drive and Coral Drive in the Harbor Heights subdivision is completed and is an example of what the new stormwater inlets around town will look like. • Mr. Boucher informed that Florida Power and Light wants to conduct FPL Home Energy Makeovers in the City on St. Patrick's Day, Tuesday, March 17, 2009. He explained that FPL can outfit volunteers in green t -shirts and to go around to fifty needy families and give their homes energy makeovers. He said teams normally run from 7am to 4pm and it is an all day event. Mr. Boucher clarified for Mayor Randels that FPL will want community volunteers to work with their team members. Mr. Petsos agreed that St. Patrick's Day is a good date because it ties in with the "green" community idea. Mr. Boucher explained further that FPL will do all the legwork as far as following up on applications for interested candidates. Council members agreed on March 17, 2009 as the date so FPL can kick off their campaign. • Mr. Boucher announced that he and Mayor Randels would be meeting with Brevard County Commissioner, Chuck Nelson and the Cape Canaveral Library Director, Isabel Escapa to discuss the Cape Canaveral Library Meeting Room the next day, Wednesday, January 21. He stated that the County does not want the room to City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 4 of 10 be a "permanent use" by the City. Mr. Boucher emphasized he will be telling them that it is the City's building and the City's land. Mr. Boucher added that Ms. Andrea Bowers, City Treasurer provided information that in the 2008/2009 fiscal year, Brevard County is estimated to take $594,000 from the community in Property Taxes and the budget for the Library is approximately $448,000. The Library is netting approximately $145,000. Mr. Petsos requested that Mr. Boucher ask about the County's rumored plan to shut down libraries. Mr. Petsos also requested that Mr. Boucher make sure that the County considers the fact that the City not only funds their own library, but they also contribute to the County. • Mr. Boucher informed Council that the City Attorney is working on a clean draft of the Sign Code and that once he receives a copy of the draft, a workshop meeting will be scheduled. • Mr. Boucher stated that Barry Brown, Planning and Development Director, met with Ms. Shelly Lawton about Community Visioning and they are setting up the criteria for the Steering Committee Members and working on the dates for the Community Meetings. He added those dates will be provided at the next City Council meeting if not before. • Mr. Boucher announced the City of Cape Canaveral's new web site is up and running and the new web address is www.citvofcapecanaveral.org. He explained that each City Department is responsible for their own content and refining the site is an evolving process. STAFF Recreation Director Community Development Department City Attorney There was no Staff reports. The City Council agreed to proceed to Agenda business moving the City Council Reports portion of the Meeting till the end. AUDIENCE TO BE HEARD: Mr. Boucher responded to Mr. Leo Nicholas, resident, that Staff is still working on the criteria for selecting volunteers to serve on the Steering Committee for the Community Visioning. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 6, 2009. No request was made to remove this item for discussion. City of Cape Canaveral, Florida City Council Regular Meeting, January 20, 2009 Page 5 of 10 A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Walsh to Approve Consent Agenda, Item No. 1 with Recommended Amendments. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. ORDINANCE: Second Public Reading: 2. Motion to Approve: Ordinance No. 12-2008; 5 Year Schedule of Capital Improvements. Attorney Kate Latorre read Ordinance No. 12-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE (5) YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels noted the first hearing was approved on January 6, 2009 and a couple of minor corrections were made since then. He explained that the original capitalization included $200,000 for Sewer Fees, $100,000 for Reclaimed Water and an additional $50,000 for upgrading Parks and Recreation racquetball courts. Mayor Randels specified the new items the City is projecting in new equipment as being Drainage/Stormwater Baffle Boxes of $503,000 in 2008-2009 FY, with the money coming from the Stormwater Enterprise Fund. He continued that under Transportation are two items: the first item being $573,000 in 2008-2009 FY, with monies coming from County Impact Fees, to widen lanes; add tum lanes; lower intersection; install mast arm signal; and add sidewalks at N. Atlantic and Central Boulevards. The second item: being at N. Atlantic Avenue and Shorewood Avenue, for $146,000 in 2008-2009 FY, with monies contributed by developers, to add tum lanes and deceleration lanes. Mr. Brown replied to Mayor Randels that the reason the City is doing this is simply because the State of Florida requires it. Mr. Brown explained this is merely an administrative exercise and is not a policy setting document. Mayor Randels and Mr. Boucher affirmed for Ms. Walsh that Exhibit A will reflect the amended category amounts before the new document is sent to the State of Florida. Mr. Petsos made note of e-mails he received from Citizen David Shirtzinger referencing the City's 5 -Year Plan and comparing it to other models he found on the intemet. Mr. Petsos expressed the need for more data and definition and explained this would help during the budgeting process, workshops and also help citizens understand the 5 -Year Plan when they open it up. Ms. Walsh and Mayor Randels agreed. Council thanked Mr. Shirtzinger for his efforts. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 12-2008 for Second Reading. The vote on the motion City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 6 of 10 carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. ORDINANCE: First Public Readina: 3. Motion to Approve: Ordinance No. 01-2009; Land Use Application Deadline. Attorney Kate Latorre read Ordinance No. 01-2009 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO LAND USE DECISIONS; AMENDING APPLICATION AND HEARING PROCEDURES; PROVIDING PROCEDURES FOR HANDLING DEFICIENT APPLICATIONS; SETTING FORTH SPECIFIC CRITERIA AND TIME FRAMES FOR PROCESSING APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels noted this Ordinance was reviewed by the Planning and Zoning Board who made some changes before this First Reading. Mayor Randels explained the ordinance puts guidelines on the applicant and time frames on the City to process applications avoiding delays or having permits staying open for years. Mayor Pro Tem Hoog questioned the (1) 30 -day extension with "good cause" since plan review is done in-house now and whether that would work for the City. Mr. Brown clarified that this is not for in-house plan review but addresses additional information that is needed from the applicant. Mr. Brown explained they would send the applicant written notification giving 30 extra days within which to respond. He explained further this does not address the plans distributed to the Fire Department or the City Engineer. Attorney Latorre affirmed that this 30 day period is for when the applicant, for example, submits a special exception and a major piece of data is missing and that would cause Mr. Brown or the Fire Department to not be able to complete their analysis and make a recommendation on whether the application should be approved or denied. The Staff would then tum to the applicant for this missing information, to move the process along, giving them 30 -days in which to respond and then another 30 -day extension period if needed. She noted, in the past, some applications had been delayed for an unreasonable amount of time. Attorney Latorre corrected that Staff is not limited to a specific period of time to complete their review until they have gotten everything and that there is a requirement that the item be put on the next available meeting agenda. Attorney Latorre stated that we want to impose some sort of responsibility on an applicant to come forward with an application when they are ready to go instead of letting the application linger. Mayor Pro Tem Hoog expressed the need to address the process of special exceptions and time frames associated with them. Discussion continued on the issue. City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 7 of 10 Mayor Randels asked the Council and audience if there were any additional questions or concerns on this issue. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Approve Ordinance No. 01-2009 for First Reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. SITE PLAN: 4. Motion to Approve: Resolution No. 2009-03, Villagio Del Mar Final Replat — David Welsh, Applicant. Attorney Kate Latorre read Resolution No. 2009-03 by title. AN RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL REPLAT OF "VILLAGIO DEL MAR'; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the task is to make sure the Engineers, Fire Department, Public Works Department and the Planning and Zoning Director have all reviewed and signed off on this Final Replat. Mayor Randels affirmed everything was in the agenda packet. Mr. Brown responded to Mayor Randels question about the reason for the one -day turnaround request to review this Final Replat when the original Preliminary Replat was approved back on March 7, 2006. Mr. Brown explained that the applicant, David Welsh, submitted his request before Christmas. Mr. Brown stated he was unable to get the item on the agenda prior to that. Mr. Brown explained that, considering Mr. Welsh had a sale pending, he wanted to demonstrate that the Community Development Department can hustle things up so they made it happen. Mayor Randels asked the Council and audience if there were any additional questions or concerns on this issue. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Resolution No. 2009-03, Villagio Del Mar Final Replat. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. CITY COUNCIL Council Member Buzz Petsos Mr. Petsos asked Mr. Boucher to inform Council on the Beach Rake. Mr. Boucher responded that the Beach Rake is here and was servicing the City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 8 of 10 community last week. He specified that the Beach Rake starts at Johnson Avenue and goes as far north as it can without interfering with the vegetation and will be doing so a couple of times a week until March 1, 2009. Mr. Tom Garboski, resident, responded to Mr. Petsos invitation to view the Beach Rake, by suggesting a demonstration during the Annual Sea Oats Planting. Council agreed that was a good idea. • Mr. Petsos announced the Annual Sea Oats Planting will be on Saturday, February 7, 2009 at 9 a.m. and stated they have 7,500 sea oats to plant at this point. He said hopefully, with help from Mr. Boucher and Mr. Ratliff, they will be getting a permit to install some sand fencing shortly. Mr. Petsos added Mr. Kevin Bodge may be able to help, if needed. • Mr. Petsos asked Mayor Randels if he was still serving on the Florida Municipal Insurance Trust Fund Board. Mayor Randels answered that he was not. Mr. Petsos asked Council to consider nominating him. Council agreed. • Mr. Petsos urged everyone to pay close attention to the Brevard County School Board Meeting tonight because of talk about reducing and cutting schools. Mr. Petsos stated Cape View Elementary School is ok right now but stressed the City needs to take a proactive stance in talking to school board members to make sure Cape View stays Cape View. Mayor Pro Tem Bob Hooct • Mayor Pro Tem Hoog stated he attended the Space Coast League of Cities Dinner Meeting and turned in Resolution No. 2008-39; Supporting Amendments to the Florida Statutes to Increase Mortgage Holders Responsibility for Delinquent Condominium, Co -Operative and Homeowners Association Fees on Foreclosed Units to the league. He informed that no action was taken, but that legal opinion should come from the Space Coast League of Cities Attorney, Paul R. Gougelman sometime next month. • Mayor Pro Tem Hoog noted the N. Atlantic Avenue project is moving fast and will hopefully be finished shortly. • Mayor Pro Tem Hoog informed that he took the whole day on Sunday, January 18, to drive around Central Florida looking at redeveloped CRA (Community Redevelopment Area) areas. He travelled to the Cities of Sanford, Lake Mary, Winter Garden, Winter Springs and Winter Park. He pointed out the nice job that the City of Sanford did on the walk along Lake Monroe. Mayor Pro Tem Hoog noted Winter Park Village with 5 or 6 blocks of redeveloped areas and a massive outside lounge. He stated he took pictures and will bring them in to share. • Mayor Randels clamed that the City of Cape Canaveral is in the middle of a Visioning Process and there is a real potential opportunity to redevelop some of the homes here. Mayor Randels stated, as a result, the City is encouraging people to go throughout the State of Florida and bring back ideas. City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 9 of 10 Mayor Rocky Randels • Mayor Randels announced that Ms. Mary Shaffer is the new CVB Director of the Cocoa Beach Area Chamber of Commerce in the City located at 8501 Astronaut Boulevard. • Mayor Randels informed that he met Brig Gen Edward Bolton, 45th Space Wing Commander at the 2009 Florida National Defense Space Award Luncheon on Tuesday, January 13, hosted by the National Space Club Florida Committee. • Mayor Randels announced that he may travel to Washington D.C. to talk to the House Appropriations Committee regarding the Brevard County Beach Re -nourishment proposal which is paid for by the Army Corps of Engineers. • Mayor Randels informed that he presented a plaque to the New Center Director of Kennedy Space Center, Mr. Robert D. Cabana, at the Economic Development Commission's Community Welcome Reception on Friday, January 9. • Mayor Randels mentioned articles in The Star-Advocate/The Press -Tribune newspapers about the progress of "Computers for Kids" project at Cape View Elementary School. He explained the children are learning to breakdown, rebuild and keep the computers afterwards. • Mayor Randels stated he received the Economic Recovery Bill and many of Irw the items listed are things the City can apply for on a local city level, some having to do with environmental restoration, flood protection and wastewater treatment systems upgrades among them. Mayor Randels added he thinks some of these items will probably get some action in Congress. • Mayor Randels mentioned the City of Tavares write up in the Florida League of Cities magazine "Quality Cities". It recognized the City of Tavares Wooten Park project, which Phil Laurien helped build and he presented to the City of Cape Canaveral as an example for the Visioning. • Mayor Randels recognized Florida League of Cities, Employee of the Year, Sherry Hilley. Ms. Hilley is a consulting manager for the Technology Services Department at the Florida League of Cities and she helped City Staff implement www.ebetterplace.com on the City website. • Mayor Randels noted that with the help of the Florida League of Cities, the City of Cape Canaveral received $450 from insurance companies throughout the United States that did not purchase a business license to sell insurance in the City of Cape Canaveral. Council Member Betty Walsh • Ms. Walsh brought out that the Beach Rake can only go so far north on the beach. She lives in that area and feels it is important for people to know. Mr. Boucher agreed that the area north of Ocean Woods is difficult because of the natural topography of the land, the vegetation meanders towards the shoreline and the beach is not built-up with sand like the areas further south. City of Cape Canaveral, Florida City Council Regular Meeting January 20, 2009 Page 10 of 10 Mr. Boucher stated it may be possible that, depending on the tides, the rake may still be able to get up there. Ms. Walsh mentioned she spoke with Kim McIntire, Executive Assistant to the City Manager, who provided her with a name and phone number of someone who is willing to come and get some of the peacocks. Ms. Walsh said she realizes the City received a lot of resistance in the past but also said she thinks that if one area of the City tries to move them, they will eventually jump over fences and come back. Ms. Walsh stated that they should be humanely captured and moved to another location. Ms. Walsh stressed the need for this to be more of a city-wide effort if it is something the City wants to do. Mr. Boucher stated there are well over 100 peacocks with flocks in Ocean Woods, Harbor Heights, Villages of Seaport, Shore Drive, Ocean Gardens, Oak Lane and parts of Solana. Mayor Randels said he feels there is support for this if the birds can be taken care of and given to a good home. Mr. Boucher stated he will come up with a peacock round -up plan and come back to Council with it. DISCUSSION: ADJOURNMENT: There being no further business, the Meeting adjourned at 8:29 P.M. Rocky Randels, M YOR Mi Goforth, Recpl g Secretary