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HomeMy WebLinkAbout12-01-2009 MinutesAMIN CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 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: Council Member Mayor Pro Tem Mayor Council Member Council Member Others Present: lddwk City Manager City Attorney Recreation Director Public Works Director Assistant Public Works Director Building Official Planning and Development Director Sheriff's Department Commander Sheriff's Department Lieutenant City Clerk Ll Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Robert Lefever Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alan Moros Mike DeMorat Angela Apperson Mayor Randels noted receipt of the Envisioning Report. PRESENTATIONS: Award for Marketing Video: Jim Lewis, of Communication Concepts, Inc., presented the City with an award that he and his company received for a Marketing Video of the City. The Council thanked him and noted that Mr. Lewis grew up in Cape Canaveral. Certificate of Appreciation: Mayor Randels presented Larry Norman with a Certificate of Appreciation and personally thanked him for building a brand new, hand-crafted podium, and donating it to the City. City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 2 of 7 Plaques: Recreation Director Robert Lefever expressed appreciation to his staff for their hard work, and noted that, without volunteers, many special events and tasks could not be accomplished. He went on to present Donald Bubb and James Holt with plaques, expressing his and the City's appreciation for their volunteer work. REPORTS: City Manager: Bennett Boucher reported on the sand fencing. Discussion ensued and included beach renourishment, strategies for rebuilding beaches, dune lines and vegetation, what other cities have done, requesting lists of persons that represent the City in regional and/or County boards and meetings, the number of sand fences, and perhaps creating a master plan that shows placement of the sand fences. Mr. Boucher then noted an update on the Cape Caribe development and requested a Workshop meeting prior to the next Council regular meeting to discuss the proposed timeline. Council reached consensus to have a Workshop meeting on December 15, 2009 at 5:30pm. Mr. Boucher continued to his next report item, The City Manager Evaluation Action Plan, detailing the content of the Plan, and requested a Workshop meeting to discuss it. Discussion ensued and included ways to deal with the Evaluation, combining it with other Council requests, timelines, priorities, and recommendations that could be listed in the Evaluation, the large amount of items to deal with that Mr. Boucher has ahead of him, and when a Workshop could be held to further discuss this. Council reached consensus to hold a 4 -hour Workshop meeting within the next two weeks to discuss the City Manager Evaluation Action Plan, exact date to be determined. Building Official: Todd Morley stated that the work at Bright House will be complete in time for Super Bowl Sunday. Public Works Department: Assistant Director Jeff Ratliff reported that City rights-of-way are being marked along Ridgewood Avenue. Discussion ensued and included similar projects that Cocoa Beach is working on and the possibility of there being a "harmonious" way to tie the two similar projects together. Recreation Department: Director Robert Lefever noted the Movie in the Park, the 14"' Annual Reindeer Run at Cherie Down Park on the upcoming Saturday, and the Tree Lightning on December 13", 7pm, at the Library. Planning and Development: Director Barry Brown reported on the progress of the Community Visioning including Workshop meetings, communicating with relevant advisory boards, committees, and citizens, and an upcoming Visioning Committee meeting with Phil Laurien. Discussion ensued regarding at what time the Council will have an opportunity to take official action in this process. Cape Canaveral Precinct: Lieutenant Mike DeMorat explained the Sheriff's Office and Cape Canaveral Volunteer Fire Department worked together to feed 24 families for Thanksgiving, the Kiwanis "K -Kids" program collected non-perishable foods, and he City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 3 of 7 AWN noted an upcoming event where 40 families will receive Christmas gifts. Discussion ensued in regards to the angel trees project, which Lieutenant DeMorat stated he would gather the relevant information and report back at a later time. City Attorney: Anthony Garganese reported on the status of the McMillin complaint, including progress of communication between City staff and Mr. McMilliin. Discussion then shifted to Royal Mansions issues and included the City being in the "discovery phase", the need to research building code issues, rentals by the week being prohibited by City Ordinance, and for how long the issues with Royal Mansions have existed. Public Works Department: Waste Pro Representative Platt Loftis reported the routes are "settling in nicely", the Company has a low turnover rate for personnel, their attempts to apply for membership in Keep Brevard Beautiful, the acquisition of a new truck which enables them to offer appliance pickup, a December 15th cook -out at Manatee Park open to City employees and Council, and that Waste Pro is willing to offer any support the Recreation Department needs. Discussion ensued and included the small amount of complaints received; garbage bins and recycle bins at beach crossovers, and the possibility of a report on what happens to recycling after it is picked up. Business & Cultural Development Board: Board Chair Joanne Muncey discussed the upcoming December 91meeting, working on "linking" with the Visioning Committee, and meeting with other boards in the future to make communication more efficient. CO AUDIENCE TO BE HEARD: John Porter explained his work on creating an Economic Development program and board in the City, which would be fully accountable to the Council, the costs of creating it, the needs for such a program, how the City could benefit from it and possibly suffer without it, and individuals that could be involved. Discussion ensued and included the manner in which this program could be approved by the City, the Business and Cultural Development Board having input, the extent to which the Council can take action on an item in the "Audience to be heard" section of the meeting, whether such a board would be subject to Sunshine Law, the specific details of the proposal, the time -sensitive nature of the issue, and where the funding would come from. Council reached consensus to support the continued planning stages of this issue. Joyce Hamilton thanked Lieutenant DeMorat for recognizing the "K -Kids" efforts and explained the details of the K -Kids group. Bill Young requested an update on the Replat Ordinance revisions. Discussion ensued and included the progress of the revisions, the amount of time it may take and has already taken, the "best case scenario" for approving the Ordinance being two months, the possible outcome of the revisions, and the possibility of working under the old Ordinance until the new one is finally adopted. LI City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 4 of 7 Arl- Leo Nicholas mentioned the Veterans of Foreign Wars (VFW) kids Christmas Party on December 19th, the Christmas basket drive, and for interested individuals to contact the VFW. CONSENT AGENDA: 1. Approve City Council Special Meeting Minutes of September 10 & 21, 2009 and November 5, 2009. 2. Approve City Council Regular Meeting Minutes of September 1, 2009. 3. Approve Resolution No. 2009-45; Appointing an Alternate Member to the Business and Cultural Development Board (S. Painter). 4. Approve the Special Outdoor Entertainment Permit for the 14th Annual Reindeer Run, 5K Run/Walk to benefit the United Way of Brevard County and waiver of all fees for same. 5. Approve the Special Outdoor Entertainment Permit; Movie in the Park, Manatee Sanctuary Park 12-04-09, 7pm to 10pm, and waiver of all fees for same. 6. Authorization to bid the S. Central Blvd. Ditch Improvement Project. CW 7. Approve a Construction Services Support Agreement for the Ridgewood Avenue Improvements Project with Stottler Stagg & Associates (SSA) in the amount of $49,590.00. 8. Approve participation in the Buy Brevard Campaign in the amount of $5,000.00, with Space Coast Business Media Group. 9. Approve the Special Outdoor Entertainment Permit for the American Legion Chili Cook -off on Saturday, December 19, 2009, and waiver of all fees for same. 10. Approve Resolution No. 2009-46; supporting the creation of a County -wide "Criminal Justice Advisory Commission" by the Brevard County Board of County Commissioners, to provide recommended solutions to the County Commission and publish a timely report to the population at large. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to approve Consent Agenda items 2, 3, 4, 5, 6, 7, 9, and 10. 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 one: A motion was made by Mr. Petsos, seconded by Ms. Walsh, to approve consent agenda item one with the recommended changes. The motion City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 5 of 7 carried 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Against; Ms. Roberts, For; and Ms. Walsh, For. Item number eight: Discussion ensued and included the details of the proposal, the costs of related advertising, the manner of advertising, the online and website benefits, the costs to businesses, the City sponsoring the first year's fees for any City business involved, the number of businesses that will sign up, and the City sponsorship of fees being on a "first come, first serve" basis. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve consent agenda item eight. Discussion continued and included the business costs after the first year, the program being open to any business that holds a City business tax license, and protections against fraudulent businesses. 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: Second Public Hearing: 11. Motion to Adopt: Ordinance No. 11-2009; Budget Amendment: The City Attorney read the title of the Ordinance into the record. A motion was made by Mr. Petsos and seconded by Mr. Hoog to adopt Ordinance 11-2009 at second 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. AWN ORDINANCES: First Public Hearings: 12. Motion to Approve: Ordinance No. 12-2009, revisinq the Tree Protection Code, Chapter 102: The City Attorney read the title of the Ordinance into the record. Building Official Morley explained the details of the Ordinance, noting that it does not address all related issues and should be considered an interim corrective measure. Mr. Morley reviewed the proposed Ordinance changes page by page, and answered Council questions. Discussion ensued and included contacting individuals who may have been previously affected by the old Ordinance, relevant information being posted on the City website, minor changes requested by the Planning and Zoning Board, and provisions for lot maintenance. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to approve Ordinance 12-2009 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. 13. Motion to Approve: Ordinance No. 13-2009. revisina the Underaround Utilities Ordinance, Chapter 110 Zoning: The City Attorney read the title of the Ordinance into the record and noted the creation of the Ordinance comes from the Redevelopment Plan. The merits and content of the Ordinance were discussed. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to approve Ordinance 13-2009 at first reading. Discussion continued and included the property owners paying for the ANK undergrounding of utilities, being consistent,with other cities, the Ordinance applying to City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 6 of 7 utilities that are on-site and not in rights-of-way, residential and townhomes falling under the Ordinance, and the definition of a property's "developer". A motion to amend was made by Mr. Petsos, seconded by Ms. Roberts, to change the wording in Section 110.482.(a) from "developer's responsibility" to "property owner's/developer's responsibility". The amendment passed 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. The main 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: 14. Appointment of League Voting Delegate/Director; Space Coast League of Cities: Discussion ensued as to who would be available to serve as the City's representative, with Mr. Hoog stating he would be available and Ms. Walsh noting that she would be willing to be the alternate. A motion was made by Mr. Randels, seconded by Mr. Petsos, for Mr. Hoog to serve as the Space Coast League of Cities voting delegate/director and Ms. Walsh to serve as the alternate. Discussion continued regarding how the alternate would be notified if the delegate cannot attend. 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. 15. Cooperative purchase of AN Equipment for the new City Council Chambers from IM Solutions, Inc. and appropriate Library Impact Fee Money for same: Building Official Morley explained the process through which the proposal was acquired and the details of the proposal. Discussion ensued and included the placement and number of screens for production, enhancing the equipment in the meeting room for others who will be using the room, whether video production should be included, the projected costs minus the video production standing at $85,639, this proposal "piggy -backing" on neighboring areas' projects and bidding processes precluding the need for the City go out for its own bids, the company having relatively unique expertise that is difficult to match, the possible benefits of streaming meetings online, and online streaming incurring additional costs. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to extend the meeting half an hour. 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 how the streaming video would work, differences in cost if video production components are purchased later, the advantages/disadvantages of video production, the need to research costs associated with video production and online streaming, when the installation date could be, a possible annual maintenance agreement, and the existence of the 90 -day "no questions asked" warranty and a longer manufacturer's warranty. A motion was made by Ms. Walsh, seconded by Ms. Roberts, CW to award the contract as presented, with costs not to exceed $86,000. The motion and A A I - CEJ City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 7 of 7 second were withdrawn. Discussion continued regarding how closely the costs compare with AN installations in other cities. A motion was made by Mr. Petsos, seconded by Ms. Roberts, to extend the meeting ten 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. Discussion continued regarding if the City can legally do a cooperative purchase rather than acquiring bids. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to award the contract as presented, in a cooperative purchase utilizing the City of Melbourne and Canaveral Port Authority bids, not to exceed $86,000, contingent upon the City Manager validating substantial compliance with the City's cooperative purchasing rules and regulations under the Code. 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. Agenda items 16 and 17 were deferred to the next Regular Meeting. COUNCIL REPORTS: Ms. Roberts requested action on the oil drilling Resolution. Council reached consensus for the oil drilling Resolution be placed on the next Regular Meeting Agenda. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:34 P.M. Ange a 11/t>4,ppersgn; CMC, City Clerk Q® G� Rocky Randels, MAYOR