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HomeMy WebLinkAbout08-18-2009 MinutesCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 18, 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 Others Present: City Manager City Attorney City Treasurer Building Official Planning and Development Director Brevard County Sheriff Cmdr. Acting Deputy City Clerk PRESENTATION: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Andrea Bowers Todd Morley Barry Brown Alan Moros Mia Goforth Brevard County Sheriff's Department — Recognition of Deputy of the Month Commander Alan Moros, Brevard County Sheriffs Office, Canaveral Precinct, presented a plaque and commended Deputy Casey Bratsch as the Deputy of the Month for July 2009. Cmdr. Moros explained Deputy Bratsch received the award as a result of his work pulling fingerprints from a burglary that led to the discovery of an individual previously charged with five (5) other burglaries in the City. Cmdr. Moros added that Deputy Bratsch will also be considered for Deputy of the Year. The Council thanked Deputy Bratsch for his service. City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 2 of 9 Chief Joseph Hellebrand, Canaveral Port Authority Police Mayor Randels introduced and welcomed Chief Joseph Hellebrand. Chief Hellebrand stated he served thirty (30) years with the Melbourne Police Department and retired as a Deputy Chief in Operations to come to Port Canaveral because he desired to continue working and living in Brevard. Chief Hellebrand compared the new Canaveral Port Authority Police Department to the Melbourne Airport Police Department model; being more regulatory in nature but still having all of the powers of arrest. Chief Hellebrand shared the following information about the new Police Department: • The department will be in charge of the cruise terminals, cargo areas and the basin; • The department is certified as an agency and has received an FBI (Federal Bureau of Investigation) ORI (Originating Agency Identification) number; • They are certified by the FDLE (Florida Department of Law Enforcement); • They hired three (3) Sergeants to be sworn in as soon as the department receives liability insurance; • The first police officers will likely be hired in the beginning of October; they have a proposal to hire eight (8) officers total during the next budget year, • Patrol -ready, fully equipped vehicles are ready for use; • The department will take care of its own dispatching but they are not a PSAP (Point of Safety Answering Point); the Sheriffs Department is responsible for 911 Emergency Services. Chief Hellebrand stated that the Department is taking a very conservative approach moving forward and trying to do their best with the funds received from the Canaveral Port Authority. He offered to come back to Council anytime to report on the Department's progress. City of Cocoa Beach Commission — Kevin Pruitt Mayor Randels introduced Vice Mayor Kevin Pruitt of the City of Cocoa Beach. Vice Mayor Pruitt reported the number of visitors to the 2009 Cocoa Beach — Cape Canaveral 41' of July Community Fireworks Celebration was estimated to be between 45,000 and 50,000. No injuries or major incidents were reported and the crowd was well behaved. Vice Mayor Pruitt presented a plaque to show appreciation on behalf of the City of Cocoa Beach to the City of Cape Canaveral for generous support and sponsorship of the Celebration this year. Council thanked Vice Mayor Pruitt and the City of Cocoa Beach. City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 3 of 9 REPORTS: City Manager • Mr. Boucher presented Ms. Walsh a Certificate of Completion for attending the 2009 Institute for Municipal Elected Officials. • Mr. Boucher distributed the Public Works status report and pointed out a new section for the Solid Waste activities; Public Works will now be entrusted with management of the contract. • Mr. Boucher stated Mr. David Stanley was unavailable for an Oral History Workshop this month and he will try to schedule him again for early September. • Mr. Boucher announced that Commissioner Chuck Nelson informed him that the Library Agreement was passed by the Brevard County Commission; Public Works received quotes on new carpeting, painting and reconfiguring the alarm system and the Building Official, Todd Morley is helping to research the audiovisual aspect for the new City Meeting Room. • Mr. Boucher informed that Brevard County Sheriff's Commander, Alan Moros, recruited a local architect to comp the plans for remodeling the Canaveral Precinct which will save the City money. • Mr. Boucher requested Council to take two weeks to review the Human Resources Outsourcing Bids that he distributed; a workshop will be scheduled to discuss the future of the City's Human Resources; Mr. Boucher informed that he will be interviewing applicants for the position of City Clerk next week and there are a good number of professionals to choose from. • Mr. Boucher distributed information requested by Council regarding the W.E.T. (Working Effectively Together) Seminar. He requested they contact him with any questions and he will forward them on to the Consultant, Steve Rosenthal. Mr. Boucher stated that the participants would be Council, Department Heads and Supervisors. Sheriff's Department • Commander Alan Moros thanked Council for the support of the Library Agreement and stated he should have the plans for remodeling of the Canaveral Sheriffs Precinct by the end of the week. • Cmdr. Moros announced the Precinct will have two (2) Desk Officers available, as of September 5th, 7 days a week from 7 a.m. till 10 p.m. and they will offer Free Notary Service to City residents; this service will also be available on the weekends. • Cmdr. Moros reported that the Precinct is at capacity as of August 22 and they were able to fill the S.R.O. (School Resource Officer) position; the Community Policing Deputy, Raul Guerra, will start on August 22 along with the Motor Unit. • Cmdr. Moros informed that Sheriff Jack Parker pledged his financial support for improvements to the City's Police Athletic League (P.A.L.) after the unveiling of Youth Center sign. City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 4 of 9 • Ms. Walsh thanked Cmdr. Moros for the increased police presence throughout the City. Planning and Development Director • No report. Building Official • Mr. Morley updated Council on the Tree Code; a strategy team was formed: City Manager, both Department Heads of the Community Development Department, Code Enforcement and the City Arborist. Another meeting has been scheduled for next week and he invited Council to contact him with any concerns or ideas they might have, having their input at the beginning. Mr. Morley added they will be asking the Planning and Zoning Board members for the same. City Treasurer • No report. Acting Deputy City Clerk • No report. City Attorney • No report. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT • No report. AUDIENCE TO BE HEARD: • Mr. Jim Burt, Commanding Officer of the Veterans of Foreign Wars, Post 10131, 105 Long Point Road, Cape Canaveral, explained the 9/11 Cross Ladder Ceremony proceedings set for Thursday, September 11, 2009. Mayor Randels reminded that this is Item No. 4 on the Consent Agenda and asked Council and the City Manager if they had questions or concerns. MF. Petses and MF. BE)UGheF both affiFFn The City Council affirmed (amended 11/17/09) there should be no problems with the request. • Mr. Burt also inquired about who is responsible for the P.O.W. and State flags at Cape View Elementary. Mayor Randels offered to follow up on the inquiry. Ms. Roberts suggested emphasizing the significance of the flags during the upcoming City Government Week in October. Mayor Randels requested that the Acting Deputy City Clerk take note of the idea as a possible theme. • Mr. Mike Anderson, 8000 Ridgewood Avenue, expressed concern on behalf of a vendor/resident selling ice cream and water on the beach. He explained that complaints about the vending were coming into the City's Code Enforcement Office, �` the Sheriff's Department and the Mayor. Mr. Anderson contended the vendor is not City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 5 of 9 violating any law, rule, regulation, ordinance or statute and is providing a much needed service to the visitors and residents of Cape Canaveral. Mayor Randels pointed out that the City has an Ordinance against Solicitation on the beach to the water line. The Building Official, Todd Morley, responded that Mobile Vending is not a permitted use on the beach or in the rest of the City. • Mr. Dave Patty approached the podium and introduced himself as the vendor. He explained that he acquired a Rolling Vendors License from Brevard County. Mr. Patty also stated he has licenses from the State and Brevard County allowing him to sell water and ice cream on the beach. Discussion followed. Attorney Garganese requested a copy of Mr. Patty's licenses, stated he would look at this Jurisdictional Issue and then advise the City. Cmdr. Moros clarified that enforcement efforts will not discontinue and ordinances will remain in effect until he hears from the City Attorney's office. Mr. Morley responded that Code Enforcement could use discretion in issuing citations. • Mr. Les Chenoweth, representing Christ Lutheran Church of 7511 N. Atlantic Avenue, expressed their need for a 21 square foot electronic sign to replace their existing sign that covers 60 square feet. Mr. Chenoweth expressed his opinion on why the City, after three years, needs to make a decision on allowing or not allowing electronic signs. CONSENT AGENDA: 1. Motion to Approve: Regular City Council Meeting Minutes of July 21, 2009. 2. Motion to Approve: Proclamations in Honor of Constitution Week; September 17 through September 24. 3. Motion to Approve: Outdoor Entertainment Permit for American Legion Post 348. 4. Motion to Approve: Outdoor Entertainment Permit for VFW Post 10131. 5. Motion to Approve: Resolution No. 2009-26; Declaring the Brevard County First Responder Program an Essential and Critical Service. Mayor Randels inquired if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. No desire was expressed A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog To Approve Consent Agenda Item Nos. 1 through 5. The vote on the motion carried "with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 6 of 9 ORDINANCE: SECOND PUBLIC HEARING: 6. Motion to Adopt: Ordinance No. 08-2009; Revising Chapter 82, Buildings and Building Regulations, related to Permit Fees; Second Public Hearing. Attorney Garganese read Ordinance No. 08-2009 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese recounted the two revisions that were made to this ordinance as directed by the City Council at the first reading. Concern was expressed about the permitting fee structure. Mr. Morley confirmed that the flow chart could be modified. Council agreed to bring this issue back at the next meeting as an agenda item. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Ordinance No. 08-2009; Revising Chapter 82, Buildings and Building Regulations, related to Permit Fees. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION: 7. Motion to Approve: Contract for Audit Services with McGladrey & Pullen, CPAs. Ms. Andrea Bowers, City Treasurer, explained that this is the Arrangement Letter for the upcoming audit for the fiscal year ending September 30; this is the third year into a five year renewable contract. She introduced Ms. Yvonne Claybome, Audit Director and Ms. Jill Reyes of McGladrey & Pullen, CPAs to answer questions. Ms. Claybome responded to the inquiry as to why the City is paying $45,000 this year and not the $42,500 of last year. She explained that the original terms of the proposal were that McGladrey & Pullen would front load the discount for the experience that the company has with the City which would provide for a small 2.5 percent cost of living increase each year: to provide for services, to address changes in the auditing standards and to provide for their staff. Ms. Claybome reminded Council that last year her company absorbed the cost of implementing a whole new suite of auditing standards. She specified that next year there will be cost efficiencies that can be taken advantage of unless new accounting standards come out. Ms. Bowers commented that City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 7 of 9 McGladrey & Pullen's costs are still coming in under all of the other bids the City received three years ago. A motion was made by Mayor Randels and seconded by Mr. Petsos to Approve Contract for Audit Services with McGladrey & Pullen, CPAs. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Quarter Ending June 30, 2009. Ms. Bowers pointed out one change on page 6; Chemicals for the Public Works Department should be $69,000 and not $690,000 which would bring the adjusted balance down $89,000. Ms. Bowers stated that she did have to take the Recycled Product Revenue away because Waste Management has informed the City they are no longer receiving this revenue; the City Manager clarified that the City will be going through the process of closing out the contract and Waste Management will need to demonstrate their losses of revenue. Ms. Bowers informed that she moved money around from places where departments were not using it and had not used it all year in order to provide the funding needed in other areas. Ms. Bowers responded to Council that she will provide more detail of the expenditures for the Community Visioning Project, per session, as requested. Discussion followed. Mr. Boucher informed that the City Attorney is working on a report as requested by Council. A motion was made by Mr. Petsos and seconded by Ms. Walsh To Approve Quarterly Treasurer's Report and Budget Transfers for the Quarter Ending June 30, 2009. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 9. Motion to Adopt: Sign Code Ordinance No. 05-2009; Without the Electronic Sign Sections. Mayor Pro Tem Bob Hoog began the discussion by stating he requested that this item be included on the agenda because of the concerns over electronic signs and height. Mayor Pro Tem Hoog proposed that the City Council pass the Sign Code without the Electronic Signs and Height sections or consider passing the Sign Code with the following: ■ 20 foot high signs; ■ 6 — 7 second messages on electronic signs; ■ Set an amortization period on all non -conforming signs; City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 8 of 9 ■ Have all signs come into conformity when a new business entity takes over; ■ Enclose all signs to conform to a monument look if they desire an electronic sign. Discussion followed. Council agreed to have another Sign Code Workshop on Wednesday, August 26 at 5:30 p.m. 10. City Council Meeting Rules of Procedure. Mayor Randels requested Mr. Boucher order the latest version of Robert's Rules of Order for each Council Member. Mr. Boucher reminded Council that they requested information on how to properly end a meeting. Attorney Garganese clarified that Council may want to address the adjournment time period and extension of the meeting by super majority vote only or open it up to more rules and regulation; that is a much more in-depth process. He further opined that Robert's Rules are very difficult to follow and can impede the government's ability to act. He stated a lot of cities, such as the City of Cocoa, streamlined some of the motions in the book to conduct business. Discussion followed. Attorney Garganese pointed out the consent agenda items, in other cities, are not discussed other than to call a motion. He stated this alone would save ten minutes. More discussion followed. Council agreed that Consent Agenda Items no longer need to be read before calling a motion (unless an item is removed for discussion) and Council directed the City Attorney to prepare a written policy of adjournment to end City Council Meetings. REPORTS: 11. Council Council Member Walsh • Ms. Walsh passed out copies of an email she received from the Brevard Workforce Development Board about a Free Stimulus Grant Writing Workshop happening on Thursday, August 20. Mr. Boucher took note. • Ms. Walsh suggested a Community Event/Fundraiser with the Cape Canaveral Volunteer Fire Department. Mr. Boucher responded that he would mention the idea to Chief Sargeant Mayor Pro Tem H000 • No report Council Member Petsos City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2009 Page 9 of 9 • No report Council Member Roberts • Ms. Roberts requested to review the 2009 Legislative Agenda for Council and the 2009 Management Improvement Agenda for Council at the next City Council Meeting. Council agreed. • Ms. Roberts inquired about the status of the Charter Review Committee. Mr. Boucher responded that Ms. Goforth is putting together an Orientation Package with the existing City Charter and the National League of Cities Model Charter included and a kick-off meeting will be scheduled within the next two weeks. • Ms. Roberts encouraged Council to visit the City of Cocoa's new City Hall. • Ms. Roberts handed out a Space Policy from the Regional Aerospace Workforce Initiative in Orlando which deals with Economic Development and Workforce Issues. • Ms. Roberts inquired about the status of the Police Feasibility Study. Mr. Boucher stated staff is gathering information. • Ms. Roberts mentioned that Council had discussed having an Ad Valorem Special Assessment speaker come in. • Ms. Roberts reminded that Council had agreed to have a workshop on proclamations. • Ms. Roberts expressed her desire to have Council Action Tracking as part of Council's regular business. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:58 P.M. �o c� Rocky Randel , MAYOR Mia Goforth,,Acting . puty City Clerk