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HomeMy WebLinkAbout09-15-2009 MinutesCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 15, 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 Building Official Todd Morley Recreation Director Robert Lefever Public Works Director Walter Bandish Public Works Asst. Director Jeff Ratliff Brevard County Sheriff Lt. Michael Demorat Acting Deputy City Clerk Mia Goforth PRESENTATION: 2009 Fall Beautification Award (Multi -Family) Ms. Andrea Rice, Resident and Beautification Board Member, stated it was her privilege to honor the Artesia Condominium, located at 425 Pierce Avenue, on behalf of the City of Cape Canaveral and the Beautification Board. She presented a plaque and gift certificate to Jannet Begley, President of the Artesia Condominium Association, Inc. Cape View Elementary School Appreciation for School Resource Officer — Deputy Cletus Jones [A City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 2 of 10 Ms. Rice, who is also a teacher at Cape View Elementary, thanked the City of Cape Canaveral for its generous funding for the new School Resource Officer and introduced Brevard County Sheriff's Deputy Cletus Jones. She emphasized the great impact Officer Jones has already made on the school. She also recognized school volunteer and resident, Ms. Joyce Hamilton; and presented hand -made letters and artwork from the students to the City Council thanking them for Dep. Jones. Lt. Michael Demorat noted Dep. Jones has been with their agency for nineteen years and was formerly a school resource officer in the Town of Mims. Canaveral Precinct Deputy of the Month (August) — Deputy John Jeffreys Lt. Michael Demorat introduced Deputy John Jeffreys and his family to Council. Lt Demorat explained Dep. Jeffreys is being recognized for the great job he has done using his experience in narcotics investigations; specifically in reference to recent arrests he made, in two separate incidences, leading to the apprehension of $1,000 worth of crack/cocaine, 3 pounds of marijuana and a gun. Lt. Demorat also shared information about an operation conducted within the City called, Operation Store Front; to decrease the number of alcohol related crashes and to save lives during the Labor Day Weekend. This led to 29 traffic stops, 13 citations and 5 arrests for DUI. Dep. Jeffreys helped write and carry out the operational plan along with his squad who joined together with members of the Sheriffs DUI unit in this initiative. Lt. Demorat introduced Sergeant Joanna Ross as the Community Policing Special Operations Sergeant; she will be one of the liaisons between the Sheriffs Office and the community handling special events in the City and attending homeowner association meetings among other things. REPORTS: City Manager • Mr. Boucher distributed updates on Management Improvement items. • Mr. Boucher announced one of the Charter Review Committee members, Dianne Marcum, is stepping down. He requested a replacement nominee be made by Ms. Roberts, since Ms. Marcum was one of her appointees. Ms. Roberts recommended Ms. Adrienne Kessler who indicated to Ms. Roberts she would be glad to participate if the Council supports it. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos, for the nomination of the selection for the replacement of Dianne Marcum. 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. • Mr. Boucher informed he and Assistant Public Works Director, Jeff Ratliff, learned from Dr. Kevin Bodge, consultant to Port Canaveral, the City will have to obtain a permit modification to include the City's Sand Fence Project in the State's Beach Re - nourishment Project; Dr. Bodge will be working closely with staff on the permit to try to City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 3 of 10 get as many fences up as possible. Mr. Boucher stated this proposal will be on a future Council agenda for Council to approve and appropriate funds. Mr. Petsos mentioned the timing on the project is about the same as the City's Sea Oat Planting Project and emphasized the importance of continuing the planting. He inquired about the possibility of storing the sea oats at Public Works. Mr. Ratliff responded beach re - nourishment will probably slip until the end of the quarter and it is possible the planting could still be completed in February. Mr. Petsos stated the issue could be worked through; he just wanted to make sure there was room at Public Works for the plants. Mr. Boucher mentioned the handouts for Council from the Space Coast League of Cities (SCLOC) meeting the night before; a resolution supporting the Space Agenda and the Congressional Delegation of Florida to support principles to develop locally and the handout about starting a letter writing campaign for cities and their legislative delegations. Mr. Boucher stated he would put those items on the October 6 agenda for formal action with the Council's support. Council agreed. Mr. Boucher informed the W.E.T. (Working Effectively Together) consultant gave him a block of dates: October 14 through October 30. Mr. Boucher stated he would have Ms. Goforth coordinate a date with Council. Mr. Boucher announced the selection of the City's new City Clerk, Angela M. Apperson. Currently the City Clerk of the City of Flagler Beach, she will be starting October 6. • Mr. Boucher announced the organizational meeting of the Charter Review Committee will be this Thursday, September 17th at 5:30 p.m., the second Budget Hearing adopting the Final Millage rate and the Final Budget for September 21st at 5:30 p.m. and the Community Visioning Workshop on September 24h at 6 p.m. at the Radisson Resort. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT • Mr. Paul Pritchard, Vice -Chair, reported a presentation was made by Ms. Shellie Williams, Executive Director of the Brevard Cultural Alliance (BCA), on the Sand Festival. He informed the Board believes there will be multiple impacts on the City; according to the information provided, there will be 50 dump trucks, 1,100 tons of sand, fences, traffic and security requirements and the event is projected to bring thousands of visitors to the City; the Board suggests the City research the project further. Mayor Randels responded he took a City permit application for Outdoor Entertainment to Ms. Williams, at the recommendation of the Board, and she was asked to bring the application back to the Board for review. He also clarified the Board is working with the BCA on this international sand sculpturing event to be held on the Radisson property, April 2, 2010 through May 2, 2010. • Mr. Pritchard reported on the Board's opinion something needs to be done with respect to the future economic situation in regard to upcoming layoffs at the Kennedy Space Center and the effect that will have on the area. He pointed out the City of Cape Canaveral is a major donor towards the funding of the Economic Development Council (EDC) through the taxes it pays to the County; the County just City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 4 of 10 paid 1.5 million dollars towards the EDC's budget. Mr. Pritchard urged the City Council consider requesting more EDC involvement in Cape Canaveral. This being necessary to attract more businesses to the City to support the City's tax base and workers. Mayor Randels inquired if there was a desire for Council action. Council reached consensus to combine efforts to address the Brevard County Commissioners and County Manager. Discussion ensued regarding the EDC budget, taxes vs. dues and treating all of the municipalities equally as donors, the need to be specific about what the City wants from the EDC in return, being more strategic in the City's ability to respond to EDC opportunities, having the City's Planning and Development Director work closely with the EDC and the City's existing business community and the possibility of a combined workshop with the City Council on business outreach. Mr. Pritchard brought out he submitted his resume to the EDC for a position in Business Development and does not want the City Council's decision to reflect upon that fact in any way. • Mr. Boucher announced the City's marketing video won First Place for Best Editing for Marketing Video with the Florida Motion Picture and Television Association and will be the recipient of the Crystal Reel Award. Mayor Randels reminded this was through the efforts of the City's Business and Cultural Development Board and stated the 5 minute video is placed on the City's home web page for viewing. AUDIENCE TO BE HEARD: Mr. Ray Osborne, 209 Holman Road, stressed the City's need to tap into the cruise ship industry and inquired if there had been any more discussion on the topic of creating a Historic Preservation Board or Committee. Mr. Boucher reminded Council of a Legislative Item, defining the roles and responsibilities of the ten existing volunteer boards. He advised the make-up of these boards need to be looked at before the City starts adding more boards because of staff time involved; he suggested some of the boards could be consolidated taking on more duties and responsibilities. Mr. Boucher inquired if Council would consider appointing Mr. Osborne as the City Historian. Mr. Osborne responded to the Council he is willing to serve. A motion was made by Mr. Petsos and seconded by Ms. Walsh, for the appointment of a volunteer to serve as the City Historian for the City of Cape Canaveral. 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. Mr. Boucher stated he would provide Mr. Osborne with the resources needed. CONSENT AGENDA: 1. Motion to Approve: Proclamation in Honor of Constitution Week, ILI September 17 — 24, 2009. City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 5 of 10 2. Motion to Approve: Proclamation in Honor of Hadassah Goes Green Month — December. 3. Motion to Approve: Alcohol Exemption Permit for the Kiwanis Club of Cape Canaveral/Port Canaveral; Manatee Park Picnic 09-26-09, 5 p.m. — 9 p.m. Ms. Joyce Hamilton, Kiwanis Club of Cape Canaveral/Port Canaveral, requested to change the date of the permit for Item No. 3 from September 26 to October 3. Mayor Randels stated the change was so noted. A motion was made by Ms. Roberts and seconded by Ms. Walsh, for approval of the Consent Agenda items. 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. ORDINANCES: SECOND READINGS 4. Motion to Adopt: Ordinance No. 10-2009; Amending Chapter 2, Article II, Division 3, related to City Council Meetings. Attorney Garganese read Ordinance No. 10-2009 in by title. Ms. Roberts requested the word "present" be added to the end of the last sentence in the title regarding super - majority vote of the City Council; she noted the word is in the text. Attorney Garganese clarified, although the title of the Ordinance stands and cannot be amended at this point because it is an advertised title, the text will be codified and that is what will end up in the code book. Mayor Randels clarified if there are five members present, a super -majority vote would be four; if four members are present a super -majority vote would be three and if there are three present then all of them would be needed for a super -majority vote. A motion was made by Mr. Petsos and seconded by Ms. Walsh, to adopt Ordinance No. 10-2009; Amending Chapter 2, Article II, Division 3, related to City Council Meetings, at second reading. 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. 5. Motion to Adopt: Ordinance No. 05-2009; Adopting a New Chapter 94, Signs. Attorney Garganese read Ordinance No. 05-2009 by title and stated this is officially the second and final reading of the proposed new sign code. He reminded Council they approved several amendments at the last City Council meeting after the first reading and those were incorporated into the Ordinance; then there is a list of technical amendments, provided by the Building Official, Mr. Todd Morley, and those amendments were made as City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 6 of 10 well. Attorney Garganese stated this Ordinance is open for final adoption, if the City Council desires. Mayor Randels specified this version as being dated September 10, 2009. Discussion ensued and the Council approved the following technical changes by consensus: 1. Section 94-1 - add the word "interior" to the definition of Window sign. 2. Section 94-6 (i) - remove "Ground Sign", and reword in italics to read, "Ground signs with exposed metal supports including poles." 3. Section 94-83 - replace the word "permitted" with the word "allowed." 4. Table Inset 94-96-1- the maximum size of an electronic sign was changed from 24 sq. ft. to 32 sq. ft. 5. Section 4 Amendment to Appendix B Schedule of Sign Fees - strike "50.00" from subparagraph (a). Mr. Morley proceeded to present previously requested electronic sign research relating to stroke width, color palette and luminance. Discussion ensued relating to the possibility of regulating various aspects of electronic signs as suggested by the Building Official and research/input presented by audience members Ms. Joyce Hamilton, Mr. Alan Beale and Mr. Arthur Berger; including height and square feet eligibility for existing signs, the desire of some Council and audience members to raise the height restrictions from 15 feet to 20 feet and the aesthetics of the entire City. A motion was made by Mr. Petsos and seconded by Ms. Walsh, to adopt Ordinance No. 05-2009; New Chapter 94, Signs, at second reading. Mr. Morley inquired if the Council desired to incorporate the amendments regarding electronic signs. Council agreed. Attorney Garganese advised Council to make a motion to amend the main motion with the following changes, if acceptable: 1. Section 94-78 (e) - amend to add the following underlined language: The display time for each message containing alphanumeric characters shall be a minimum time period of seven (7) consecutive seconds per display, and the message shall change instantaneously. 2. Section 94-78 - amend to add new subparagraphs (g) and (h) as follows: (g) the electronic sign shall be set to a specific brightness level and shall electronically respond to changing light conditions (e.g., change from day to night or to darkness related to weather). Written certification shall be provided with the sign permit application from the sign manufacturer that the sign has been pre-set to not to exceed the following light level standard as measured in Nits, as follows: (1) Maximum daytime level at 6,000 Nits. (2) Maximum nighttime level at 500 Nits. Further, the pre-set light level shall be protected from end user manipulations by password protected software or other acceptable methods. (h) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a maximum light level of 500 Nits, or the sign shall be made inactive until the sign is repaired. A motion was made by Mr. Petsos and seconded by Ms. Roberts, to amend the main motion on the floor. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 7 of 10 follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. The vote on the Main Motion, as amended, carried 3-2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Petsos, For; Mayor Randels, Against; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 6. Model Water Conservation Ordinance for Landscape Irrigation. Walter Bandish, Public Works Director, explained this is the model ordinance the St. Johns River Water Management District (SJRWMD) wants the City of Cape Canaveral to adopt into an ordinance and follow their rules. He stated the City will be able to follow most of the directives except policing and he informed the SJRWMD will not object if the City takes out the language. Discussion ensued over concerns about the communities that are still on well water and the possibility of granting variances to property owners if the cost is too great to change over to reclaimed water, requirement to obtain special permits in order to use water from retention ponds for irrigation, revisions to the City's current ordinance to reflect current costs regarding size of services, low water pressure issues, the City's decision to cut back on the watering hours each day, during draught, to allow watering 7 days a week, the fact that once a property is hooked up to reclaimed water it cannot go back on well water, the fact that none of the beachside communities have adopted the proposed ordinance yet, and the fact that the SJRWMD will favor the cities that adopt the proposed ordinance regarding grants. Council suggested/requested the following: • Language in sections 8 and 9, of the proposed ordinance, be changed to reflect the word "ma 'instead of "should'; • More information on the process of obtaining variances in regard to the proposed ordinance; • The possibility of opting out of the language regarding wells, due to the fact that the wells in Cape Canaveral are shallow as opposed to inland wells that are deep; • Changing the third to the last "Whereas", in the proposed ordinance, to read "incorporate sections of the provision". • Customizing the ordinance to fit the City's needs. Attorney Garganese explained there is greater incentive for those communities that supply our drinking water (Cocoa, Melbourne, Palm Bay and Titusville) to adopt this type of ordinance as a condition to the consumptive use permits (CUP) they have to obtain from the SJRWMD. He stated the City of Cape Canaveral is not being forced to adopt this ordinance but the SJRWMD can make it difficult for the City to obtain grants and to obtain permits as part of their efforts to reduce the use of water from the aquifer and surface water. Council agreed it may be better to adopt this ordinance, with the modifications that fit the City, than not adopt it at all. Mr. Boucher informed a draft of City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 8 of 10 the proposed ordinance has to be pre -approved by the SJRWMD. Mr. Bandish stated he would check the procedure for obtaining variances. Mr. Boucher stated he and Mr. Bandish would work on bringing back a draft to Council, with the suggested modifications, at a later date. 7. 2009 Florida City Government Week; October 18 — 24, 2009, Planning. Ms. Roberts informed she met with Robert Lefever, Recreation Director, and Kelli Dufresne, Principle of Cape View Elementary that morning regarding ideas and options for the upcoming 2009 Florida City Government Week. Mr. Lefever handed out information to Council showing what the students, in all grade levels, are working on regarding city government. He provided the following recommendations for a variety of activities of what the City can do during Government Week and possibly at the Cape Canaveral Fall Festival on October 10, 2009: • Mr. Ray Osborne agreed to participate in a possible "Heritage Day", as suggested by the Florida League of Cities, if Council so desired. • Have students participate in some of the City's envisioning effort and shift some of that into the Government Week, as suggested by Ms. Roberts. • Cape View Elementary School will sponsor an essay or art contest pertaining to the City's Visioning Sessions • Barry Brown, Planning and Development Director, will make a short presentation about the Visioning Sessions to students. • Recognize contest winners at the October 20th City Council Meeting. • Schedule a Mock City Council Meeting at 5:30 p.m. on October 20th with the Cape View Elementary School Student Council; have the Visioning Session as one of the agenda items for discussion. Ms. Roberts suggested carving out these Council initiatives, in the long term, for the youth and the community at large: conduct tours of City facilities; create a City fact sheet, a youth advisory board and/or expand existing boards to include a youth representative, create a speaker's bureau to showcase the City experts and staff and create a City newsletter. Council consensus was reached to have Mr. Lefever handle all further planning of this event Ms. Roberts stated Council will talk, collectively, at the next meeting in October about some institutional capability that would help the Council continue to strengthen themselves. A motion was made by Ms. Roberts and seconded by Ms. Walsh, to extend the meeting an additional 15 minutes. 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. City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 9 of 10 8. Parking Meters on Beach Ends. Mr. Bandish explained this item came out of the City Council request for staff to come up with incentives for the City to make money. He informed this may be the way to go because the majority of the people who come to the beach are not from the City and they park at the beach ends. Mr. Bandish talked with the Cities of Indialantic, Cocoa Beach, Deerfield Beach, and Palm Beach and they all like the money the parking meters generate for them. Mr. Petsos informed he spoke with the City Manager and the Assistant City Manager of City of Cocoa Beach who believe their system of issuing parking passes is running very well. He explained each resident that comes in, with proof of valid identification, is issued a permit to put on their vehicle. In the month of July that city made $52,000. Mr. Bandish stated the City of Cocoa Beach has over 600 parking meters and, by his calculation, the City of Cape Canaveral will have 218 meters to start with. Discussion ensued regarding the administrative management involved, the City's residents concern about parking meters, the possible shift in the character of the City by introducing parking meters, projected costs for overhead for the City would be between $40,000 and $50,000, management of the collection of revenue, having the community weigh in on the issue, the idea of polling the citizens on the City's website, repairing and maintaining the beach crossovers with the revenue generated by parking meters. Mayor Randels inquired if Council desired Mr. Bandish to further investigate the issue. Council reached consensus to continue researching parking meters. REPORTS: 9. Council Due to the lateness of the hour, there were no Council Reports other than: Ms. Roberts requested the City Council agree to a fair process for determining placement of Council Members items on City Council Meeting agendas. No consensus or agreement was reached. Ms. Walsh mentioned she would be at the Visioning Session on Thursday at 6 p.m. on the 24th, but she will have to leave early for a board of directors meeting with one of the condominiums at 7 p.m. Mr. Petsos announced he will be out of town at a Municipal Insurance Trust Fund meeting that same day. City of Cape Canaveral, Florida City Council Regular Meeting September 15, 2009 Page 10 of 10 ADJOURNMENT: There being no further:business, the Meeting adjourned at 10:08 P.M. @oCl� Rocky Randel , MAYOR Mia orth, Acting Depu Ay Clerk