HomeMy WebLinkAbout12-15-2009 MinutesCITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 15, 2009
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:10 P.M.
ROLL CALL:
Council Members Present:
Council Member
Bob Hoog
Mayor Pro Tem
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Treasurer
Andrea Bowers
Recreation Director
Robert Lefever
Public Works Director
Walter Bandish
Building Official
Todd Morley
Planning and Development Director
Barry Brown
Brevard County Sheriff Lieutenant
Mike DeMorat
City Clerk
Angela Apperson
PRESENTATION:
Tourism Industry Update — Rob Varley — Mr. Varley handed out the newest promotional
material and explained many projects and events accomplished with the funding from
the resort taxes. He noted upcoming projects as follows: The Space Center's "Take Off
For Liftoff Program", which covers the un -manned flights; Melbourne Airport; the Bike
Loop; a Visitors' Center planned for the northern most rest stop in Brevard County,
along 1-95; the International Sand Sculpting Competition that will be held near the
Radisson in April through May 2010. Mr. Varley responded to Council Members'
questions.
Mayor Pro Tem Petsos asked for a moment of silence in memory of Tom Garboski, a
Board Member who recently passed away.
City of Cape Canaveral, Florida
December 15, 2009
Page 2 of 6
Brevard County Sheriff Lieutenant DeMorat presented Sergeant Kelly Simpkins with the
November Deputy of the Month Award in recognition of his assistance to identify a
suspect who attempted to commit an armed robbery of the Circle K convenience store
on 11/04/09. Lt. DeMorat also noted the efforts of Corporal William Haggerty in the
same incident.
Lt. DeMorat also indicated an arrest was made last night in the 300 block of Harbor
Drive for a marijuana growing operation. He commended the efforts of those involved in
the assembly of 127 brand new bikes, which will be given away for Christmas.
REPORTS:
City Manager
• Mr. Boucher spoke of the Harbor Heights drainage issue and the grant funding
application. He indicated the funding doesn't look promising at this time. However,
Staff believes the project should move forward before the rainy season, using
existing funds in the Stormwater fund. He indicated an easement is needed prior to
bidding of the project.
• Mr. Boucher informed the Council he will attend a Process Mapping training session
all day tomorrow, sponsored by the Economic Development Committee.
• Mr. Boucher noted the distribution of a draft 2010 Unified Calendar, as produced by
the City Clerk's Office.
• Mr. Boucher thanked Waste Pro for their work at the holiday luncheon today. He
indicated it was a great opportunity for City Staff and Waste Pro Staff to interact.
Recreation Department
• Mr. Lefever thanked residents and council for all the support at the Reindeer Run
and noted the successful Movie in the Park, as well as the Tree Lighting Ceremony.
He also noted the 2010 calendar is on the website.
Community Development Department
• Mr. Brown provided a Visioning Report update. He noted the Visioning Committee's
motion to adopt the report with certain revisions and to forward the report to the City
Council at the January 19, 2010 Council Meeting. He indicated following the
presentation a City Council Workshop will be held to further discuss the report and
prioritize the implementation of the report.
City Clerk
• Ms. Apperson noted the distribution of a proposed Employee Handbook and
Supervisor's Guidebook. She indicated a Workshop Meeting will be scheduled for a
later date to discuss the proposal. Council Member Roberts questioned whether the
document was reviewed by a Human Resources Professional, to which Ms.
Apperson replied in the negative.
City of Cape Canaveral, Florida
December 15, 2009
Page 3 of 6
City Historian
• Ray Osborne, City Historian, indicated the Community Reunion on November 24,
2009 was very well attended. He noted the networking efforts to possibly establish a
heritage trail throughout Cape Canaveral and Cocoa Beach. Council Member Walsh
inquired about a book signing with other historians? Mr. Osborne explained the
event was the past Saturday. The event noted him as an author, not the City
Historian.
BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT
• Lori Peppers, Board Member, recapped prior work, which established a fact finding
Subcommittee. She expressed the Board's desire to sunset the Subcommittee.
• Ms. Peppers expressed appreciation for City Council members who attend their
meetings.
• Ms. Peppers noted the work the Board is doing to assist Staff in development of
web -site tabs for Economic Development and the retention of existing Businesses.
She indicated Planning and Development Director Barry Brown provided information
of the development of Brownfields, if any, within the City.
• Ms. Peppers indicated at their next meeting the first hour will be devoted to
discussing the pros -cons of establishing a Community Redevelopment Agency.
AUDIENCE TO BE HEARD:
• Ray Osborne asked if the City would consider learning from other Cities and in
particular the City of Delray Beach, as they seem to be out in front. He offered his
help to write a grant for the City.
• Paul Owens and Mike Demika, Tournament Directors of the City Racquet Ball
Tournament, explained their role in the Tournament both before and after and
indicated a dispute has arisen with the City Manager over payment. The details of
the dispute were discussed. Mr. Owens committed to providing information to the
City on the time they spent working on tournament activities, and the City Manager
committed to processing final payment upon receipt of the information.
OLD BUSINESS:
CONSIDERATION:
1. Action Tracking Solutions: City Clerk Apperson explained the research done by
Kim McIntire, Assistant to the City Manager, and herself. She noted the
recommendation to use the Trac EZ system for a sixth month trial period. Discussion
ensued. Consensus was reached to move forward with the six month trial; input
the actions from this meeting and produce a report for City Council review and
comment.
DISCUSSION:
City of Cape Canaveral, Florida
December 15, 2009
Page 4 of 6
2. Review of City Organization Memberships: Discussion ensued as to the list of
expenditures for memberships as provided in the packet. It was the Consensus of the
Council to return another report, which included broader explanation of each of the
memberships, who is the representative and the benefit is to the city for further
discussion.
NEW BUSINESS:
CONSENT AGENDA:
3. Approve City Council Regular Meeting Minutes of September 15, 2009.
4. Approve Resolution No. 2009-48, opposing a bill to allow the Governor and
Cabinet to allow for offshore drilling in the State of Florida.
5. Approve Resolution No. 2009-47, reappointing a Regular Member to the
Construction Board of Adjustment and Appeals in accordance with the Standard
Building Code: providing for an effective date.
6. Approve renewal of Inmate Labor Contract with the Florida Department of
Corrections.
Council Member Roberts requested removal of item # 4 from the Consent Agenda.
A motion was made by Mr. Petsos and seconded by Ms. Roberts, to approve
Consent Agenda Item Nos. three, five and six. Council Member Walsh asked what
the amount of the Inmate Labor Contract last year. Public Works Director Mr. Bandish
indicated the new contract is $200.00 more than last year. 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.
#4 — A discussion ensued regarding the wording of the Resolution. A motion was
made by Ms. Roberts and seconded by Mr. Petsos, to approve Consent Agenda
Item No. four. 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:
7. Motion to Awro_ve: Ordinance No. 13-2009. revising the Underaround Utilities
Ordinance, Ch. 110 Zoning: Attorney Garganese read the title of the Ordinance into the
record; noted the need for a public hearing and noted the final ordinance does include
the language "Property Owner/Developer" in subparagraphs a and c. A motion was
made by Mr. Petsos and seconded by Mr. Hoog, to approve Ordinance 13-2009 on
second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For;
City of Cape Canaveral, Florida
December 15, 2009
Page 5 of 6
Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh,
For.
ORDINANCES: First Public Hearings:
8. Motion to Approve: Ordinance No. 14-2009, amending Section 74-57 to impose a
surcharge on all parking fines incurred in the City for the sole purpose of funding School
Crossing Guard Programs: Establishing the "Cape Canaveral School Crossing Guard
Fund;" providing that proceeds may be reserved for start-up and ongoing administrative
costs; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date: Attorney Garganese read
the title of the ordinance into the record. He indicated Florida State Statues allows a
surcharge on parking tickets to fund city crossing guard salary and equipment. Mr.
Boucher indicated the estimated revenue is $6-8,000.00. Mr. Garganese indicated the
other penalties are consistent with the statute. The discussion included the money paid
to Brevard County Clerk of Court Scott Ellis for the processing of the parking tickets,
whether the payments should be processed by the City; whether the Clerk of Court
would be allowed to take a portion of the dedicated funding source; and what the
"quarterly distribution" in the ordinance means. A motion was made by Mr. Hoog and
seconded by Ms. Walsh, to approve Ordinance No. 14-2009. 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.
CONSIDERATION:
9. Consider appointing Mr. Harry Pearson as the City's representative to the Space
Coast TPO, Citizen's Advisory Committee: Mr. Pearson explained his experience as a
Civil Engineer and transportation planning. A motion was made by Mr. Petsos and
seconded by Mr. Hoog, for approval. 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:
10. Possible revisions to Chapter 82-221, to adopt the 2009 edition of the
International Property Maintenance Code: Todd Morley, Building Official, explained the
need for updating the new code and noted the recommendation of the Business and
Cultural Development Board to adopt the code revisions. Discussion ensued and
included the need for further review of the code to ensure no conflicts with other
sections of the Code of Ordinances; the code is being used as a tool during the re-
development efforts; and staff needing to use their judgment to enforce the code.
Questions were answered by Mr. Morley and City Attorney Garganese. Consensus
was reached for Mr. Morley to return for further discussion after he obtained a
listing of additions/ deletions from other municipalities, as well as if the
municipality has not adopted the new code; why not.
City of Cape Canaveral, Florida
December 15, 2009
Page 6 of 6
11. Establish a meeting date and time for
a. Discussion and prioritization of the City Manager Evaluation Action Items.
b. City Council Workshop to establish the 2010/11 Goals.
C. Ridgewood Avenue Improvements Project Bid Options and other necessary/
decisions.
d. Presentation and Discussion of the Video Histor.,y Project.
It was a consensus of the City Council to set items c and d for a workshop on
December 22, 2009 at 6:00 p.m. or 7:00 p.m., whichever would be practical
considering the 5:30 p.m. meeting of the Beautification Board.
The discussion turned to the City Manager Evaluation Action Items. A consensus was
reached for City Manager Boucher to provide his recommendations for the action
items and place this item on the January 5, 2010 Regular Meeting Agenda for
further discussion.
It was the consensus of the City Council to re -address item b at the January 19,
2010 Regular Meeting.
REPORTS:
12. Council — This item was not addressed due to the late hour.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 10:01 P.M.
Rocky Randels, AAYOR
AngeI6 M. Appers CIVIC, City Clerk