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HomeMy WebLinkAbout09-01-2009 MinutesCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 1, 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 Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Recreation Director Robert Lefever Public Works Director Walter Bandish Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Cmdr. Alan Moros Acting Deputy City Clerk Mia Goforth PRESENTATION: Brevard County Sheriffs Department — Recognition of Miss Kyler Simpson Commander Alan Moros, Brevard County Sheriffs Department, Canaveral Precinct, commended Miss Kyler Simpson for turning in a purse that she found containing $900 in cash. Cmdr. Moros presented Miss Simpson with a Certificate: In Recognition of Valuable Contribution in Recovery of Stolen Property, signed by Sheriff Jack Parker and she also received a $25 gift certificate from Toys -R -Us for her efforts. Parks and Recreation Department — Recognition of Summer Camp Staff City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 2 of 11 Mr. Robert Lefever, Parks and Recreation Director, and Ms. Andi Binney, Recreation Coordinator and Summer Camp Coordinator, spoke on behalf of the Recreation Department to commend the Summer Camp Staff on the great job they did this year. They had the help of many individuals and groups who volunteered their time and Ms. Binney took the opportunity to recognize: • Fran Norman, Assistant Recreation Director • Mary Jane Binney, Recreation Leader • Cara Kincaid, Youth Librarian, Cape Canaveral Library • Kristin Schreiner, The Arabian Horse Club • Jerry Munday, Recreation Leader and Karate Instructor • Brian Dennison and Staff, Cape Canaveral Volunteer Fire Department • Kathleen Merchant and Jim Missale, Keiser College • Joyce Hamilton and the Cape Canaveral/Port Canaveral Kiwanis Club • Terry Yon, Valiant Air Command • Donna Welton & Yeardley, the Therapy Dog • Kim Smith, Bicycle Rodeo • Robert Lefever, Parks and Recreation Director Mr. Lefever presented Ms. Binney with a plaque from the "Summer Kids" for Hard Work, Creative Attention to Detail and Dedicated Service to Summer Recreation Department. REPORTS: City Manager • Mr. Boucher distributed the Public Works status report and pointed out the second Rem; Reclaimed Water Usage. Mr. Boucher distributed more information, as requested by Council, on the W.E.T. (Working Effectively Together) program. Mr. Boucher stated that the consultant (Steve Rosenthal of the Learning Tree) recommends 100% participation from the City Council in this exercise. Council agreed to participate in the exercise. • Mr. Boucher announced the W.E.T. exercise will give Council the tools to work more effectively together in a second meeting on an Action Planning Session with the same consultant to implement the results of the Community Visioning Project. • Mr. Boucher distributed the City Council's Legislative Update. He advised Council to have a workshop to discuss the Roles and Responsibilities of all Volunteer Advisory Boards and Committees; looking for opportunities to consolidate or change their responsibilities and making sure they are all in line with the goals of the Community Visioning Project. Discussion followed. Mr. Boucher requested letting either he or his assistant, Ms. Kim McIntire, know if any of the Council's individual or collective items have been overlooked. • Mr. Boucher informed Council about the transition meeting that took place the day before with Waste Management and Waste Pro. Both companies agreed to begin swapping out carts and dumpsters on September 21st and recycling bins will be City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 3 of 11 collected the week of the 28"'; compactors and roll -offs are scheduled to be swapped out on October 1st. Discussion followed. Recreation Department • Mr. Lefever announced that the September Recreation Department newsletter has been distributed. • Mr. Lefever informed of two (2) special events coming up; the Reptile Show next Saturday, September 12"' at the Recreation Complex at bpm and the Parents' Night Out Saturday the 19th from 6 —10 p.m. • Mr. Lefever informed that a second projector has been purchased for the City. Sheriff's Department • Commander Moros announced Sheriff Parker gave the final go ahead to fund all of the items requested for the Cape Canaveral Youth Center PAL (Police Athletic League) Program. City Attorney • Attorney Garganese reported that the mobile vendor on the beach issue was researched by his office since the last City Council Meeting. He stated they made contact with several State agencies that are involved and the bottom line is that a distinction must be made between wet sand and dry sand; he specked the City clearly has jurisdiction on the dry sand portion of the beach and that wet sand is technically located below the mean high water line areas which are technically sovereign submerged lands of the State and they are governed by the State, the Board of Internal Improvement Trust Fund. He further explained that it does not appear that mobile vending is a permitted activity under State Law on sovereign submerged lands unless that person clearly had the consent of the State of Florida. Attorney Garganese shared that through their discussions with the State, they are not aware of any specific arrangements for mobile vendors to operate within a wet sand area. Technically, under State Law it appears that type of activity would be prohibited and there is a reporting procedure in the Florida Statute of unlawful activity to the State Board of Internal Improvement Trust Fund. Attorney Garganese stated that he would submit this in writing to the Council. • Attorney Garganese reported the current status of the Tripple J. v. The City of Cape Canaveral litigation case. He informed that his office received a telephone call from the opposing attorney stating they are willing to accept a settlement of $25,000 dollars; however they want to give the City a partial release which excludes the individual members of the Planning and Zoning Board in their individual capacity. Attorney Garganese reminded that this issue was discussed in a previous meeting and it was his understanding the Council was not interested in a partial release. He went on to say that he did explain this situation to the City's Insurance Carrier and he stated they do support the City's position regarding a full release to settle this case. Attorney Garganese informed that his office filed a Motion for Summary Judgment with supporting affidavits in Federal Court today. City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 4 of 11 Council reaffirmed their position to hold out for a full release from this case. • Attorney Garganese responded that he would provide an update on Royal Mansions to the Council in the future. AUDIENCE TO BE HEARD: • Ms. Joyce Hamilton, resident, commended the new Cape Canaveral Sheriff's Office Precinct Commander, Alan Moros and the new School Resource Officer at Cape View Elementary School, Cletus Jones. • Mr. Ray Brown, contractor, requested the City Council give thought to having signed contracts between contractors and customers within the City of Cape Canaveral be reviewed or notarized by the City to protect both parties. Brief discussion followed. Council agreed to have the City Manager and City Attorney review the request. • Mr. Leo Nicholas, resident, inquired whether the City Council has received information from the Florida State Legislature on the issue of dockside gambling. Council indicated they have not received any information at this time. CONSENT AGENDA: 1. Motion to Approve: Regular City Council Meeting Minutes of August 4, 2009. 2. Motion to Approve: Proclamation in Honor of Commodore John Barry Day; September 13, 2009. 3. Motion to Approve: Resolution No. 2009-28; Reappointing Members to the Planning and Zoning Board; B. McNeely, J. Fredrickson, J. Johanson and R. Friedman. 4. Motion to Approve: Resolution No. 2009-29; To Prioritize the Intercity Rail Component of the FEC Corridor Project as Part of the Federal Economic Stimulus Package. S. Motion to Approve: Special Alcohol Exemption Permit for Manatee Sanctuary Park on September 5 from 12:00 p.m. — 7:00 p.m. 6. Motion to Approve: The School Resource Officer (SRO) Program Agreement with the City of Cocoa Beach. Mayor Randels inquired if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. Ms. Roberts asked to withdraw Rem No. 3. A motion was made by Mr. Petsos and seconded by Ms. Walsh to approve Consent Agenda Item Nos. 1, 2, 4, 6 and 6. The vote on the motion carried 5-0 with City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 5 of 11 voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Ms. Roberts suggested re -interviewing individuals prior to their re -appointment to the Volunteer Advisory Boards; the purpose of this would be to ask them what they believe was accomplished during their Board tenure, and what they would like to have accomplished in the City during their next term. Brief discussion followed and Council agreed this issue should be discussed at a later time. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to approve Consent Agenda Item No. 3. 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. RECONSIDERATION: 7. Motion to Approve: Resolution No. 2009-19, Amending the Existing Fee Schedule Set Forth in Appendix "B" for Chapter 82 Building and Building Regulations. Attorney Garganese confirmed it was not necessary to read the title of this Resolution. Mayor Randels inquired if there were any specific adjustments to the fees or concerns that needed to be addressed. Ms. Roberts stated that after listening to feedback from the Community and other Council Members she would support a reduction in the permit fee for construction jobs that are valued at $2,000 or less, from $75 to $45. Mr. Todd Morley, Building Official, stated in the cost analysis he submitted, a typical small permit is about $70 and in line with other municipalities. Mr. Morley proceeded to illustrate the tier structures on the white board and read the options out loud for Council to consider: Option "A" $2,000 or less: $75; Option "B" $1,000 or less: $60, $1,001 - $2001: $75, $2001 - $20,000: $75; Option "C" $500 or less: $45, $501 - $1,000: $60, $1,001 - $2,000: $75, $2,001 - $20,000: $75. Discussion took place. A motion was made by Mr. Petsos and seconded by Ms. Roberts to approve the reconsidered Resolution No. 2009-19 with Option "C" for the Fee Schedule; amending the existing fee schedule set forth in Appendix "B" for Chapter 82 Building and Building Regulations. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 6 of 11 More discussion took place on the permit cost analysis and the actual costs for specific permits such as Air Conditioning change outs and water heaters. ORDINANCE: FIRST READING: 8. Motion to Approve: Ordinance No. 10-2009; Amending the City Code Related to the City Council Meetings. Attorney Garganese read Ordinance No. 10-2009 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CITY CODE RELATED TO CITY COUNCIL MEETINGS; PROVIDING THAT REGULAR CITY COUNCIL MEETINGS MAY BEGIN PRIOR TO 7:00 P.M. ON AN AS -NEEDED BASIS; PROVIDING THAT CITY COUNCIL MEETINGS SHALL ADJOURN NO LATER THAN 10:00 P.M. UNLESS EXTENDED BY SUPER -MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels requested clarification of a "super -majority vote". Attorney Garganese responded that a minimum of three (3) Council Members are required to be present as a quorum; if three (3) members are present than all members would need to agree to extend a meeting; as would three (3) out of four (4) and then four (4) out of five (5). Attorney Garganese explained he thought it would be better left up to the City Council as to how long to extend meetings on a case by case basis; a motion should be made at 10 p.m. to extend a meeting and that would take precedent on the floor no matter what you are doing at that time. Brief discussion took place. A motion was made by Mr. Petsos and Seconded by Ms. Roberts to approve Ordinance No. 10-2009; amending the City Code Related to the City Council Meetings. 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: 9. Motion to Approve: Proposed Renovation Activities at the Public Library Meeting Room. Mayor Randels explained the quotes for the work to be done involved: painting the Library Room; carpeting the Library Room; and segregating the alarm system for the Council Meetings and the Library; the money for these items would come from the Library Fund Reserve. Bennett Boucher, City Manager, responded that the monthly charge for security monitoring was not part of the agreement with the Library. City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 7 of 11 Discussion ensued and included the three (3) quotes for each item; following the City policies and procedures for purchasing by recommending the lowest bids and trying to use local businesses. The City Council came to consensus to use: 1. Gall's Painting and Home Repair ($725.00); 2. Purcell's Distributors, Inc ($6,040.00); and 3. Advanced Detection Systems, Inc. ($854.00). A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to approve proposed renovation activities, as revised, at the Public Library Meeting Room. 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: 10. 2009 Florida City Government Week Planning. Mayor Randels stated Florida City Government Week runs from October 18 through October 24, 2009. Discussion included activities to take place during that week and in future years involving the students of Cape View Elementary School. Ms. Roberts offered to do an independent review with the City Manager and come back to Council based on what was done in the past and propose what to do in the future. Ms. Roberts referred to one of the items included on the Florida League of Cities Suggested Activities list: provide students with information to create future scenarios for your City" and suggested this would be a chance to involve the students in the City's Visioning effort with an activity; asking them the question "When you think about the future of the City of Cape Canaveral, what would you like to see?" Robert Lefever, Recreation Director, offered Recreation Department assistance to conduct a flag contest at Cape View Elementary. Council agreed. Council consensus was reached to work with Cape View Elementary to coordinate activities for students to participate in contests, mock city council meetings and tours of City facilities during that week. REPORTS: 11. Council City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 8 of 11 Council Member Walsh • Ms. Walsh recommended the City's Hurricane Season Letter should be mailed out prior to June 1; she also pointed out the letter needs to be updated with the new City website and a new map. Mr. Boucher took note. • Ms. Walsh thanked Mr. Boucher for bringing up the Legislative Items in a document for this meeting. • Ms. Walsh inquired about the status of the St. Johns River Water Management District (SJRWMD) Model Water Conservation Ordinance. Discussion took place regarding obtaining grants from SJRWMD and the need to support their irrigation project, how most cities are not interested in being the "water police" and modifying the ordinance with a provision to avoid that issue and address the costs to communities interested in participating. Council directed Mr. Boucher to bring this item back. Mr. Petsos expressed the need for a report on Port Canaveral's ASR (Aquifer Storage and Recovery) effort. Mr. Boucher took note and informed Council that the City Manager of Cocoa Beach is working on an article about this issue that will be published shortly. Walter Bandish, Public Works Director, stated that some people are under the impression that untreated sewer water is being pumped into the aquifer and that is not true; it is all processed water. • Ms. Walsh brought up the issue of street lights that were out in the City a while back and inquired if the City ever received any money back as a credit. Mr. Boucher responded the City pays a monthly fee and there were not enough lights out for a long enough time to receive any rebates. • Ms. Walsh suggested a BudgeVFinance Committee/Board could be useful to the Council and the City and to think about the idea when considering the City's Volunteer Boards' Roles and Responsibilities. Council Member Roberts • Ms. Roberts informed there is a group called the Brevard Aerospace Career Development Council that has developed a Florida Federal Space Policy Agenda with Brevard Workforce; the intent being to try to build consensus among Federal congressional members, the State legislators and other government industry leaders. Ms. Roberts stated she wanted to give a "heads up" on this because they are probably going to ask each City and the Space Coast League of Cities to draft a resolution in support as a unified voice on the issue. • Ms. Roberts inquired about the Sheriffs Department Feasibility Study that was recently discussed in a previous meeting and the copy of the Study done in the 1990s. Mr. Boucher stated he believed that document had been destroyed as part of the City's Records Management Program; he further explained that meeting minutes are being gathered and related materials have been found. Mr. Boucher confirmed that background information will be provided as to what happened in the past and Council will be given options, possibly hiring a consultant; this would entail going out for bid for professional services. City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 9 of 11 • Ms. Roberts inquired about the stagnant water and algae in the North Central Ditch on the north side. Mr. Bandish responded that the Assistant Public Works Director is working with the County to try to clean it up. • Ms. Roberts inquired about Cherie Down Park. Mr. Boucher related that Brevard County Commissioner Chuck Nelson is still waiting on the County Attorney and the County Parks and Recreation Director to give him their reports. Discussion ensued about the issues and costs involved with the City taking over Cherie Down Park from the County. Mr. Boucher asked Council if they still desired the background information on the issue. Council agreed. • Ms. Roberts requested a Management Reform Items update for the next meeting. Mr. Boucher confirmed this would be provided. • Ms. Roberts inquired about the status of the Parking Meter research. Mr. Bandish informed that he has a meeting in the morning with a representative from Cale Parking Systems, USA; they will discuss ideas for installing meters at the beach ends. • Ms. Roberts mentioned the Commemorative Shuttle Plaque. Mr. Boucher took note. • Ms. Roberts questioned if Mr. Boucher has received an answer back about the liabilities involved in having a Volunteer Program. Mr. Boucher explained that is part of the overall volunteer program that he has not completed yet. • Ms. Roberts recommended replacing the flag at the entrance to the City on the North Side of A1A with a larger, more proportionate size flag. Discussion included the possibilities of swapping out the flag with another larger one the City already has and/or trimming bushes around the flag. • Ms. Roberts reminded Council that Mr. Boucher is working on a self appraisal as the City Manager and each Council Member is planning to meet with Mr. Boucher individually prior to a September Council review. Mr. Boucher confirmed his self evaluation will be ready on Friday, barring any hurricane or tropical storm. • Ms. Roberts inquired as to when Council will be able to make decisions about City Memberships. Mr. Boucher responded that will be during the Budget Hearing meetings coming up on September 10 and September 21. • Ms. Roberts suggested an Events Page/Section on the City website. Mr. Boucher took note. Council Member Petsos • Mr. Petsos expressed desire for the City Council to recognize the volunteer who painted the Cape Canaveral Volunteer Fire Department's Firehouse. Mr. Boucher stated it would be done at the next City Council meeting on September 15. • Mr. Petsos inquired about the status of the bus stops. Mr. Boucher explained the City is waiting to hear from FDOT (Florida Department of Transportation) on the variance being sought; some of the bus stops are a few inches into the "clear zone" and the FDOT will not give the City a field waiver. Mr. Petsos inquired if City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 10 of 11 there is a ball park date on the bus shelters. Mr. Boucher stated he would check with Jeff Ratliff, Assistant Public Works Director, and report back. • Mr. Boucher explained, at Mr. Petsos request, that Representative Steve Crisafulli received a letter from Noranne Downs, FDOT, stating the agency will study the left tum signal at Zachary's Restaurant again for 45 days. Discussion ensued about difficulties in dealing with State agencies. • Mr. Petsos inquired if every citizen will be getting a new back-flow preventer. Mr. Bandish responded yes and explained that the City of Cocoa has a 5 -year plan to provide back-flow preventers to everyone who has potable water whether or not they have reclaimed water. Mr. Boucher clarified that the City of Cape Canaveral will be taken care of within the next few months. Council Member Hoon • Mr. Hoog expressed frustration over the North Central Ditch and inquired about the stagnant water and the baffle boxes that were installed. Discussion ensued regarding placement of the baffle boxes by the engineers and surveyors, Brevard County's assistance in removing the muck, previous discussions involving beautification of the area and the possibility of covering up the ditch as a way to take care of this maintenance issue. No specific direction was given by Council. • Mr. Hoog pointed out the oak trees on Central Boulevard as evidence that the roots grow too shallow and do not grow down into the soil; this should be noted before the City plants any more of them in the future. • Mr. Hoog inquired about the SJRWMD Water Permitting at Manatee Sanctuary Park. Mr. Boucher and Mr. Bandish responded they are working on the issue, meeting with SJRWMD, John Pekar of SSA (Stottler, Stagg and Associates), and Mr. Lefever; tracking down documents and information to show how these issues and items were handled. Mr. Boucher informed that Mr. Pekar stated, at a meeting with SJRWMD, that he is confident he has documentation to prove that SSA did their due diligence. Mayor Randels • Mayor Randels announced the SCATS (Space Coast Area Transit System) Transportation Disadvantaged Program, was successful in receiving $6.9 million dollars in Stimulus Funding; part of this funding allows for the Cocoa Beach Minuteman Shuttle which enables Cape Canaveral citizens to go to multiple locations in Cocoa Beach on one pass. • Mayor Randels related he attended a meeting presented by Florida Power and Light detailing the location of the proposed route for the natural gas pipeline to serve Central Florida Counties. • Mayor Randels informed he attended a Brevard County Commission Meeting on August 18th; an item on the agenda involved the Tourist Development Tax (TDC) Recovery and a request to enter into contracts with two companies to represent the County in recovering tourist development taxes from certain internet travel companies; Mayor Randels expects the County will come to the cities, including City of Cape Canaveral, Florida City Council Regular Meeting September 1, 2009 Page 11 of 11 Cape Canaveral, to participate. Fiscal impact will be increased collection to TDC tax revenues within the range of $3 million to $12.5 million. • Mayor Randels specified a State law that he was unaware of that states you cannot ride within 3 feet of bicycle riders when passing them on the street. • Mayor Randels announced the new Motor Vehicle Fees start September 1, 2009. • Mayor Randels touched on State project funding the City is eligible for from the Space Coast Transportation Planning Organization/Transportation Improvement Program; the Safe Routes to School Program the City is involved with for Cape View Elementary and funding for drain cleaning and aesthetic items, such as, maintenance of vegetation. • Mayor Randels reported on the status of the Wayfaring Initiative the City passed a few months ago that works in conjunction with the Brevard County Tourist Development Council's new signage system; he displayed a map indicating where the proposed tourism information signs will be placed throughout the County. Ms. Joyce Hamilton, resident, announced that the Cape View Elementary School American flag is new and it is raised every morning and lowered every afternoon, per the school's Principal, Kelli Dufresne. Mr. Lefever requested Ms. Roberts to meet with him as soon as possible to provide clarity on what Council desires for City Government Week with regard to Cape View Elementary School. Ms. Roberts agreed. ADJOURNMENT: There being no furtherbusiness, the Meeting adjourned at 9:47 P.M. e IM