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HomeMy WebLinkAbout11-17-2009 MinutesCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 17, 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 Recreation Director City Treasurer Public Works Director Assistant Public Works Director Building Official Sheriff's Department Commander City Clerk PRESENTATIONS: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Robert Lefever Andrea Bowers Walter Bandish Jeff Ratliff Todd Morley Alan Moros Angela Apperson Tourism Industry Update — Rob Varley: Mr. Varley was unable to attend the meeting. His presentation will be rescheduled for a future meeting. Brevard County Sheriffs Office — Deputy of the Month: Commander Alan Moros presented Deputy Robert Manley with the Deputy of the Month honors for Deputy Manley's hard work and attention to detail in helping to solve a vehicle burglary. BOARD INTERVIEW: Interview of Prospective Business and Cultural Development Board Alternate Member: City Attorney Anthony Garganese conducted a public interview of Shawn K. Painter. City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 2 of 8 Ce Ms. Painter verbalized her extensive relevant experience and interest in volunteering her service for the Board. The Council asked Ms. Painter additional questions and thanked her for volunteering. Council reached consensus for a Resolution of Appointment for Ms. Painter to be placed on the next agenda. REPORTS: City Manager: City Manager Bennett Boucher discussed the proposed renovations to the Annex/Sheriff's Precinct and proposed a renovation Workshop Meeting. Council reached consensus for the Workshop Meeting to be held on December 1, 2009 at 5:30pm. Mr. Boucher then discussed the area peacock issue and the Buy Brevard Program proposal/pricing being prepared to be placed on the next meeting agenda. Public Works Department: Mr. Boucher discussed Assistant Public Works Director Jeff Ratliff's report on the status of the South Canal Project. Platt Loftis of Waste Pro USA discussed Citizens Watch training, completion of delivery of carts and recycling bins, and a letter from a citizen complimenting Waste Pro on their quality of service. Several Council Members and members of the audience voiced their approval of Waste Pro. Building Official: Todd Morley presented the time frame and status of the Library Meeting Room project, and stated he hoped to have a signed contract ready for the next Council Meeting. Business & Cultural Development Board: Board Chair Joanne Muncey and Mr. Boucher discussed the roles and responsibilities of Advisory Boards, progress of the Vision Report, communication between the Advisory Boards, and how the Vision Report will be handled. Council reached consensus to proceed as follows: 1. The draft Vision Report to be distributed to the City Council and all Board Members, as well as posted to the web site; 2. East Central Florida Regional Planning Council Executive Director Phil Laurien meets with the Vision Committee. At this, meeting the Vision Committee will accept or make modifications to the draft report. If modifications are made, Mr. Laurien will produce a final document. 3. While the Vision Committee is meeting, all other boards will meet to discuss the draft report and formulate recommendations to the City Council. The recommendations will be presented by two spokespersons from each committee at a future workshop. 4. The Vision Committee presents the final report to the Council at a regular meeting, with Mr. Laurien present. The Council will schedule a workshop meeting to meet with the Vision Committee and 2 representatives from each of the boards. 5. After the workshop with the Vision Committee and Board Representatives, r Council will provide direction to staff. City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 3 of 8 Awk Ms. Muncey then discussed having the City's website provide a business page, Buy Brevard, folding in help of the Cocoa Beach Area Chamber of Commerce (CBACC), requested CBACC cooperation be placed on the next agenda for Council decision, and introduced CBACC President Melissa Stains. Ms. Stains spoke of a Local Focus Program for businesses that hold a business license within the City, to Partner with the City and provide a location for a Local Focus Program to meet, the City to cover any costs of such a meeting, a request for a list of businesses in the City, and voiced hope that such businesses would ultimately join the CBACC. Discussion ensued and included whether this idea would apply to all business-license holders or just those that have actual storefronts, complementing CBACC with Buy Brevard, the costs of Buy Brevard, and encouraging more business owners and representatives to attend meetings. A motion was made by Ms. Roberts and seconded by Mr. Randels to support the proposal by the Business & Cultural Development Board to partner with the Cocoa Beach Area Chamber of Commerce on the Local Focus Pilot Program for the City of Cape Canaveral. Discussion included the only requirement being holding a business/occupational license and how the funding for this project will be approved. 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 continued and included reorganizing the City's website, having a person who is solely charged and committed to economic development, using related economic development funding for such a position, status of a Planner Position in regards to the Visioning Committee, Council and City Manager having authority for hiring and firing of Staff, moving forward requiring a Comprehensive Plan, clarification of roles and responsibilities, and requesting a recap of the events of the past year. OATH OF OFFICE: Mayor: City Attorney Anthony Garganese administered the Oath of Office to Rocky Randels. Mayor Randels thanked the City residents, Council, and Staff. AUDIENCE TO BE HEARD: Ray Osborne noted the community reunion between the cities of Cape Canaveral and Cocoa Beach on November 24th and inquired about the City possibly acquiring land with Federal stimulus or Community Redevelopment Agency funding. Discussion ensued and included Department of Transportation acquisitions of land, Federal funds not being available for property investment, planning to be in place before any attempts to get funding, and creating a City welcome center. Earl McMillan reiterated some of Mr. Osborne's inquiries in regards to the City using Federal stimulus funding and noted a Florida Today article that detailed the City of Melbourne's plans to use Federal stimulus funds. Mayor Randels explained the reasons why larger cities in the area may have more access to Federal funds. 11 City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 4 of 8 John Porter discussed the closure of the Farmer's Market, the City's Special Events Ordinance, how a Farmer's Market benefits the community, an urging for Code revisions to allow for a Farmer's Market, and Staff to review City Code and compare how neighboring cities classify and handle Farmer's Markets. Leo Nicholas expressed dismay at the slow progress of amending City Code to allow Farmer's Markets, discussed reassigning Board duties and City employees, and stated that he felt Council does not have enough foreknowledge of some items to adequately consider and address them at meetings. Council discussion ensued and included addressing the need for the Planning and Zoning Board to schedule more tasks for their meetings and for Staff to have more direction from Council in regards to possible Code changes and to work closer with property owners for future endeavors. John Anderson discussed the prior redevelopment plans of the Business and Cultural Development Board, noting that the City does not have a dedicated Economic Development Professional on Staff, which might hinder efforts to create an adequate Economic Development policy in the future that could help area businesses stabilize and retain jobs. RESOLUTIONS: 1. Motion to Approve: Resolution No. 2009-42; Electing a Mayor Pro Tem of the City of Cape Canaveral; Providing an Effective Date: City Attorney Garganese read the title of the Resolution into the record. Mayor Randels nominated Mr. Hoog. Ms. Roberts nominated Mr. Petsos. Discussion ensued and included the merits, appropriateness, and experience of both of the nominees. The vote for Mr. Hoog to serve as Mayor Pro Tem for a year resulted as 2-3, with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, Against; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, Against. The vote for Mr. Petsos to serve as Mayor Pro Tem for a year resulted 5-0, with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was made by Mr. Randels, seconded by Ms. Roberts, to approve Resolution 2009-42, inserting Buzz Petsos' name into Section 1 as being elected as Mayor Pro Tem. The motion carried unanimously, 5-0, with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 2. Motion to Approve: Resolution No. 2009-44: Providina a General Procedure for Granting Economic Development Ad Valorem Tax Exemptions: City Attorney Garganese read the title of the Resolution into the record and explained the process for approval of an exemption. Mayor Randels further detailed the contents of the Resolution. A motion was made by Mr Petsos, seconded by Ms. Roberts, to approve Resolution 2009-44. Discussion ensued and included yearly reports and the status of service industry jobs. The motion carried 5-0 with voting as follows: Mr. City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 5 of 8 0*1 111110 Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. CONSENT AGENDA: 3. Motion to Approve: Regular City Council Meeting Minutes of October 20, 2009. 4. Motion to Approve: The City Council Meeting Schedule for the remainder of 2009 and for 2010 and submission dates for Agendas and Agenda Packets for same. 5. Motion to Approve: Resolution No. 2009-43; Endorsing Employer Support for the National Guard and Reserve. 6. Motion to Approve: Purchase of a 6" Portable Pump for Emergency Pumping in the amount of $40,568.36 through GSA Contract# GS -07F -0140V. 7. Motion to Approve: Purchase of Standby Generator for Lift Station No. 3 in the amount of $48,000 through the Florida Sheriffs Association Bid Package. A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve consent agenda items 4 through 7. Ms. Walsh requested future agenda items have more clarity as to which impact fees are used. Mayor Randels noted that the funds for items rw 6 and 7 would be coming from the Wastewater Fund. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Item number three: City Clerk Apperson noted grammatical corrections submitted by Council Member Roberts and requested approval of the minutes as amended. A motion was made by Ms. Roberts, seconded by Ms. Walsh, to approve the October 20, 2009 minutes as modified. Discussion ensued and included the manner in which minutes are summarized and the action tracking system. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. RECONSIDERATION: 8. Motion to Aaarove: Reaular Citv Council Meetina Minutes of Auaust 18. 2009 and approval of the Reaular Citv Council Meetina Minutes of October 6. 2009: A motion was made by Ms. Roberts, seconded by Mr. Petsos, to reconsider the approval of the minutes of August 18, 2009. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Mayor Randels noted the change on page 4 of the August 18 minutes, to replacing the words "Mr. Petsos and Mr. Boucher affirmed" with "The City Council affirmed". A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve the August 18, 2009 minutes as amended. The motion carried City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 6 of 8 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Add-on item: Resolution 2009-41: City Attorney Garganese explained the need to reconsider the adoption of the Resolution due to the election results previously certified were off by one vote, due to the certification of a provisional ballot. A motion was made by Ms. Roberts, seconded by Ms. Walsh, reconsider Resolution 2009-41 The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was made by Mr. Petsos, seconded by Ms. Walsh, to readopt Resolution 2009-41 as amended. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to approve the October 6, 2009 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: 9. Motion to Approve: Ordinance No. 11-2009, Budget Amendment: City Attorney Garganese read the title of the Ordinance into the record. City Treasurer Andrea Bowers explained the reasons for and details of the Amendment. Discussion ensued in regards to how the timeframe and approval of budget items are handled. A motion was made by Mr. Petsos, seconded by Ms. Walsh, to approve the Ordinance at first reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. CONSIDERATION: 10. Motion to Approve: Award the Bid for the Ridgewood Avenue Improvements Project (Bid # 09-03): Mayor Randels stated this award is only for the "base bid". Discussion ensued and included the scheduled meetings related to the "alternates", the timeline of bidding and for the project, the ways residents affected by the project will be notified and given opportunity to give input, a public meeting at 6pm on December 8th at the Library, the phases of the project, when the "alternates" will be discussed, and the possibilities of underground power utilities in the future. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to award Bid 09-03 to Brewer Paving of Cocoa, Florida for the amount of $1,497,674.00. Discussion continued and included bus stops along Ridgewood and the use of stimulus money in the project. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. City Attorney Garganese requested a second motion be made relating to the preparation and signing of the contract. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to authorize the City Attorney to prepare the contract and authorize the City City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 7 of 8 co Manager to execute it. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 11. Motion to Approve: Appointment of a Voting Deleaate and an Alternate Votin Delegate to the Space Coast Transportation Plannina Organization (SCTPO) representing the North Beaches Coalition: Mayor Randels explained the history of the voting delegate and alternate. A motion was made by Mr. Hoog, seconded by Ms. Walsh, to appoint Mayor Randels as the Voting Delegate to the SCTPO. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Council reached consensus for Cocoa Beach to provide the name of who they would like serve as the Alternate Voting Delegate and that name be brought back to Council for approval. 12. Motion to Approve: Appointment of a Technical Advisory Committee (TACE Member and Citizens Advisory Committee (CAC) Member to the SCTPO reoresentina the City of Cape Canaveral: Mayor Randels explained the details and history of this consideration item. A motion was made by Mr. Petsos, seconded by Mr. Randels for City Manager Boucher to serve as a member of TAC. Discussion ensued regarding how not every city has an individual representative. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion ensued and included how to select someone for the CAC and Mr. Boucher offered to post the position online, targeting the December 15th Council meeting as the date to make the selection. 13. Motion to Approve: 2010 Legislative Priorities: Mayor Randels read the 2009 priorities. Discussion ensued and included the process of how City Legislative Priorities move up the chain from the local to state level and the reasons for omission and inclusion of some issues. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to maintain the six items we have from last year as our request to the League of Cities. Discussion continued regarding that the traffic cameras would be for red light infractions rather than speeders, how traffic cameras are faring in other cities, and legal issues associated with traffic cameras. The motion was amended by Mr. Hoog, seconded by Mayor Pro Tem Petsos, to change the traffic cameras priority from "speeding" to "red light infractions", and to add a seventh priority for funding of underground utilities along state roadways. The motion as amended carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. DISCUSSION: 14. Model Water Conservation Ordinance for Landscape Irrigation: Public Works Director Walter Bandish explained the Ordinance and changes centered on fines that City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 8 of 8 can be levied against citizens and property owners by the City. Discussion ensued and included the wording "the City may enforce" in the Ordinance and the status of private subdivisions that still use wells not having to hook up to City reclaimed water if they do not want to. A motion was made by Ms. Roberts, seconded by Mr. Petsos to extend the meeting five minutes for the purposes of continuing the discussion item. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts,,For; and Ms. Walsh, For. Discussion continued and included the ways the changes to the Ordinance will affect residents. Council reached consensus for the Ordinance to be changed and brought back to Council for additional consideration at a later date. COUNCIL REPORTS: Mayor Pro Tem Petsos noted Cape View Elementary won the Lego Robotics Competition and will be moving on to the District Competition. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:02 P.M. Angela M. Apperson, CMC, City Clerk LI Rocky Randels, MAYOR