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HomeMy WebLinkAboutMinutes 10-16-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I Polk Avenue, cape Canaveral, Florida TUESDAY October 18, 2007 7 :00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony varganese City clerk Susan Stills City Treasurer Andrea Bowers Building official Todd Morley Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff PRESENTATION: Commissioner Chuck Nelson Commissioner chuck Nelson addressed the Council and introduced his Aide Liz Alward. Commissioner Nelson expressed that although the State developed a tax rate formula the County as y ty required to cute uses b 9 percent and • in effect cut 10 percent. He reported on the metal pod opening and the fourth tent at the jail at $7.2 million, which created positions for 80 new officers. However, beach re- nourishment was cut. Commissioner Nelson related that all County employees including those in Public Safe . . Safety received an increase at a cost of $8 million. He informed that the County commission was setting aside $1.4 million for the Viera court House for two and possibly, four new judges. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 2 of 14 Commissioner Nelson concluded that the Commission funded $1 million for the January election related tax reduction. He also made note that 80 positions were lost. Commissioner Nelson informed how the County Commission was active with the Legislative delegation due to the anticipated loss of 5,000 jobs in the space program. He noted the lack of diversification in the Space program and for the first time, the final assembly of a space vehicle would occur in Brevard county. He stated that the County continues to work with the Economic Development Commission and Space Florida related to the industry. Commissioner Nelson reported that the State of Colorado ranked second in the Space program and the State of Florida now ranked fifth after the State of New Jersey. Commissioner !Nelson reported that the Commission would proceed with discussion of the Thousand Islands acquisition. He stated that a super majority vote was needed for the acquisition; however, a 3 -2 vote occurred. He informed that four levels of appraisal were performed which ranked the property on inability to develop to fully developed. Commissioner Nelson referred to City Council members' previous questions on a fair - share amount of funding that the City could anticipate for its tax revenue. He expressed his intent to provide an answer to Council's question. Commissioner Nelson commended the friendly, cooperative relationship that existed within District 2. Mayor Randels recognized the part that the County played in the Joint Use Playground at Cape View Elementary. Ms. Roberts questioned Commissioner Nelson on the North Atlantic Avenue corridor. Commissioner Nelson related that Mr. John Denehoff was working with the City Manager g on that project and acknowledged concern for the Shorewood Drive area. Ms. Roberts related that the community was seeking a timeline. Commissioner Nelson replied that he was willing to work with the City Manager to achieve a timeline. Mr. Nicholas asked for the Commissioner's office location. Commissioner Nelson replied that the District 2 office was located in the 2575 North Courtenay Parkway building on the second Floor and the telephone is (321) 454 -6601. He informed that he has a walk -in at the Cocoa Beach Library once a month and Cape Canaveral residents were welcome to meet with him. Mr. Petsos referred to State Road A 1 A regarding a west turn lane for vehicles travelin north due to the increased development in that area. Commissioner Nelson affirmed that he contact the Transportation Department. Mr. Petsos asked if there were any plans or funding to upgrade the Avon -by- the -Sea portion of the Ridgewood Avenue project. Commissioner Nelson replied the County had a copy of the plan; however, unfortunately, IY tax cuts placed a burden on expenditures and there were right- of-way acquisition issues. He concluded that County General Fund money was used for bonds for road improvements; and now that money was not available. When the County sought bonds again, he would seek funding for District 2 projects. Mr. Petsos expressed the Council's interest in using the Cape Canaveral Library Meeting Room. Commissioner replied that he was aware of the issue. Mr. Petsos concluded that the City was reaching $4 million in tax City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 3 of 14 funding to the County but thanked Commissioner Nelson for his intention to look into that issue. Mayor Pro Tern Hoog inquired about 30 positions that were eliminated, but were funded in the budget. Commissioner Nelson explained that with 2,000 employees there were many vacant positions at any given time. He informed that the positions cut were mostly management and there were also some in recreation due to program cuts. Mayor Pro Tern Hoog asked if the Tax ice was closed due to eliminating some of the positions. Commissioner Nelson informed that the Tax Collector's office moved to Crockett Blvd. in the Old Winn Dixie Shopping Center. Commissioner Nelson replied to Mayor Pro Tern Hoog's question related to the City's acquisition of Cherie Down Park that he was supportive of that transition. Commissioner Nelson clamed that he was available at the Cocoa Beach Library on the last Friday of each month. Mayor Randels extended Commissioner Nelson an invitation to a citywide Ice Cream Social for a presentation of the Convention Center project at the Port. Mayor Randels acknowledged that the County Library Program experienced a $2 million cut. A representative of the Federation of Manufactured Homes asked if tracts of land near State Road 1 -95 could be used for affordable housing. She also asked why Florida was not part of the National Insurance Pool. Commissioner Nelson replied that her insurance question was one for the State Legislature. However, the County did pass an Affordable Housing Ordinance and they allowed for some density bonuses. Ms. Roberts reminded of two other aspects related to State Road A1A: 1) the 35 miles - per -hour speed limit for safety purposes, and 2] to encourage bus shelters and benches. Commissioner Nelson informed that Cocoa Beach paid for their bus shelters; however, grant funding might exist for such a project. Mayor Randels informed that the Florida Department of Transportation encouraged the City to stay out of the "clear" zone. Commissioner Nelson thanked the Council and the audience of the opportunity to speak. Fall Beautification Award — Oceanside Palms Condominiums — 321 Johnson Ave Mayor Randels called on Ms. Judy Hale to present the Fall Beautification Award for Multi- Family to Oceanside Palms Condominiums. Ms. Hale informed that the landscaping was beautifully done and can be seen in the interior of the complex and she encouraged the audience to visit the inner area. There was no representative from the Condominium to receive the award. Mayor Randels informed that the Beautification Board also recognized landscaping efforts with a "Mlle Noticed" award that was given periodically. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 4 of 14 REPORTS: Ci Council Members Council Member Roberts • Ms. Roberts related that some residents reported how the pond at McDonald's was in need of cleaning. • Ms. Roberts made note that two themes that came up during the Fall Community Festival were: 1) underground utilities, and 2) a recycling program. • Ms. Roberts announced a League of Women Voters Meet the candidate's forum on Thursday, November i st at the Cape Canaveral Library from 8 - 7 P.M. Mr. Boucher suggested putting this announcement on the City web site. • Ms. Roberts asked for the status of the stop sign at Shorewood Drive. Mr. Boucher replied that the project was under review. He met with the Chief Traffic Engineer who still had reservations related to the turn lane. • Ms. Roberts noted that the City Manager would schedule a Fall Town Meeting related to the North Atlantic Avenue corridor. Council Member Nicholas • Mr. Nicholas encouraged expending funds from the City's recycling program for recycling education at the school. • Mr. Nicholas related how some residents had expressed concern with speeding on Long Point Road west of State Road AI A. He requested for staff look into this concern. • Mr. Nicholas stated that discussion at the Beautification Board related to a Health Walk (Life Trail) in the Residence Inn area. He requested coordination between the City and the Residence Inn on the logo in order not to promote a commercial venture. Mr. Boucher informed that the Recreation Board would select the type of trail at their next meeting. Discussion clarified that the Health Walk was not an amenity for the hotel. • Mr. Nicholas questioned the hours related to construction noise. Walter Bandish, Acting Public Works Director, replied 7 A.M. to 7 P.M. ■ Mr. Nicholas asked if there were any progress on the lights at the City sign. Mr. Bandish responded that City staff had called an electrical contractor for assistance however; the Port controls the sign area. Council Member Petsos • Mr. Petsos referred to the staff task list and asked the Council to assist the city Manager by prioritizing this list. • Mr. Petsos questioned when Brown and Caldwell would address the council related to the change orders on the Public Works Maintenance Building. Mr. Boucher replied that he would schedule this discussion after the Special Meeting on November 8t'. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 5 of 14 * Mr. Petsos announced that the Kiwanis club was sponsorin g a Meet the Candidates Pancake Breakfast at Manatee Sanctuary Park on Saturday, Y� October 20 between 8 and 10 A.M. Cost was $5.00 and the proceeds would benefit cape View Elementary School. Staff would place this announcement on the City marquee. • Mr. Petsos announced the cocoa Beach/ Satellite Beach - Beach Bowl Football Game on Friday, November 2" with a Pep Rally on Thursday, 1 st. y, Mayor Pro Tem Hoog • Mayor Pro Tem Hoog commended Robert Lefever, Recreation Director on the success of the Fall Festival. Mayor Pro Tem Hoog requested attention to a crack in the Manatee statue before any further deterioration occurs. Mayor Randels • Mayor Randels thanked Ms. Tammy Roberts from the Hometown News for the Cape Canaveral news coverage on its Candidates. • Mayor Randels informed that Mr. Ray Osbome was working on seeking a Sister City in Germany. • Mayor Randels acknowledged 59,481 practicing attome s in Florida. He referred to an article in Florida Trend magazine recognizing the top 858 elite, defined as the best and most skilled attorneys chosen by a group of their eers that acknowledged P g Attorney Anthony Garganese as one of the best lawyers in municip law. He wY pa also received the highest award by Martindale -- Hubbell for le abilit �t]I and ethics. Attorney Garganese was also nominated in 2008 and 2007 for a Florida League of . 0 Cities, Attorney of the Year Excellence Award. • Mayor Randels recognized the community Appearance Board and related on the Burger King application. He brought out that the restaurant was asked to bring . . 9 their new facility in harmony with the style of the area. The app lication was then approved and the Mayor recognized the Board's positive efforts toward the City. Mayor Randels noted that the City was seeking information on bus shelters. Mayor Randels asked for the status of the seafarer's Ministry nest to park Recreational Vehicles. City Manager would check on the status. Mayor Pro Tem . Y Hoog reported that reduced parking was available; however, free parking was discontinued due to misuse of utilities. The reduced rate would require them to pay their own utilities. � p AUDIENCE TO BE HEARD: ■ Mr. Les Chenowith of Christ Lutheran Church informed that Waste Management had discontinued pick -up from the curt. Mr. Chenowith related how he was told that the church was a business and was therefore required to obtain a roll -off container for debris. He stated that these containers had a $'125 fee to dro p it off and $3 per day and once it was filled, Waste Management would pick it u for 9 p p City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 6 of 14 $139.56. Mr. C henowith asked if the church could be waived from a business status due to its financial burden. Mr. p green Boucher informed that the waste ices 9 on State Road A'IA were under the power lines that obstructed the clam truck. H told Mr. Chenowith that if the piles could be placed in some other location on the church lot, they could be removed. Mr. Boucher stated that staff would resolve this issue. • Ms. Joyce Hamilton thanked Robert Lefever for the Fall Festival and rep p rted that Cape View Elementary School earned $8'19.45. * Mr. Jim Hale informed that Ms. Andrea Rice is the Ca View school Recycling ecycling Program Coordinator. Mr. Hale also informed that Ms. Vicki Dugan from Kee p Brevard Beautiful also speaks on recycling around the County. BOARD INTERVIEW: Beautification Board -- Prospective Alternate Member Bradley J.P. Varuska Mr. Bradley Varuska replied that all of the quesfions on his a lication r his pp wer answered true and correct to the best of his ability. Mr. Varuska related a story n what brought h' ry g him to Cape Canaveral and how helping people influenced his decision. Ms. Roberts asked if there were any particular beautification aspects that Mr. Varuska lanned to p bring to the Board. Mr. Varuska responded to Ms. Roberts question on continuing he beautific ' g tion in the City that he enjoys the hometown aesthetic. He ex pressed his appreciation for in � s pp the Community Board in maintaining that effort. Mr. Nicholas stated that he was i mpressed mpressed with Mr. Varuska =s interview with the Beautification Board. Mr. Petsos informed that Mr. Varuska worked with the Relay for Life for the National Cancer Society nd h as since assumed the role of i ts Chairperson for the Cocoa Beach - p e Canaveral area. Mr Varuska also works with the Kiwanis Club. Mayor Pro Tem Ho added that Y og Mr. Varuska would be an asset to the City and the Beautification Board. Mayor Randels noted that Nis. Paula Collins chose not to renew her membership on the Board and thanked Mr. Varuska for his interest. Mayor Randels concluded . Y that a Resolution to Appoint Mr. Varuska to the Beautification Board would a ppear ppe on the next City Council meeting Agenda. CONSENT AGEND 1. city council Regular Meeting Minutes of October 2 2007. Z. Resolution No, 2007 -30; Reappointing Regular Member to the g e9 B oard of Adj ustment: Jack Childs. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 7 of 14 3, Resolution No. 2007 - 31; Reappointing Regular Members to the Code Enforcement Board: James Hale, Karen Hartley and Crai g Stewart 4. Resolution No. 2007• -32; Reappointing A Regular Member and an A lternate Member the Library Board= Dr. Tim Grady and Harry Pearson. 51 Resolution No, 2007 -33; Reappointing a Regular Member to the Recreation Board: Gene Petro. 5. Proclamation to Acknowledge Florida City Government Week: October 21 s October 27 Mayor Randels asked if any Council member, staff, or interested p arties desired p to remove the Consent Agenda item for discussion. Ms. Roberts requested to remove item No. 6 for discussion. A motion was made by Mr. Nicholas and seconded b Mr. Petsos to Y App rove Consent Agenda Items No.1 through 5. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoag, For; Mr. Nicholas, For; Mr. Petsos For; Mayor Randels, For and Ms. Roberts, For. 5. Proclamation to Acknowledge Florida City Government Week: October 21 October 27 Nis. Stills explained that City Government Week was a time to encourage he pub l` p b�cto avail themselves to local government services. New residents would be encouraged to g pick up Welcome Packets available in the City Clerks Office and staff would introduce visitors on the use of the City Hall kiosk desk that accesses information on City services. Ms. Roberts commended City staff for their exemplary work. A motion was made by Ms. Roberts and seconded b Mr. Petsos to Approve pp rove Consent Agenda Item No. C. The vote on the motion carried 5-0 with voting follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 7. Motion to Approve: Street Paving Change order No. 2 to APAC- Southeast, Inc. in the amount of $80,535.25. Jeff Ratliff, Assistant Public Works Director, explained that this was a re-paving of the P 9 streets related to the Washington Avenge force main project to include a large patch job g p on North Atlantic Avenue. This would include a complete avin of Church Lane and of p 9 Columbia Drive in both lanes. Mr. Ratliff replied to Mayor Randels that Ex rTech . y � planned to patch Columbia Drive in the excavation area; however this pro was a City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2007 Page 8 of 1 complete paving of both lanes. Mr. Ratliff informed that a credit of $ 7,800 was an ' . - antici and that would be discussed during the next invoicing period. gP Mr. Ratliff replied to Ms. Roberts' question related to the timeline that he anti cipated completing the project by the first week of November. Mr. Nicholas asked if there e e were any other areas that they intended to patch. Mr. Ratliff replied that the company would p p Y d return to complete the job in the Adams and Jefferson Avenue area. Mr. Nicholas asked about the rough area at the intersection of Canaveral Blvd. and North Atlantic Avenue. Mr. Ratliff replied that due to the trip wiring in that location, the ro'ect would p a be completed along with others in which trip wiring existed. Mr. Petsos commended Mr. - . Ratliff for his work. Ms. Roberts brought up the need to forewarn the public with C' street p qty s afety signs. Mr. Bandish replied that the safety equipment was now available. A motion was made by Mr. Nicholas and seconded b Mayor Pro Tern Y Y Hoag to Approve the Street Paving Change order No. 2 to APAC- Southeast, Inc. in t, the amount of $90,595.29. The vote on the motion carried 8-0 with voting s follows: g Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos For; Mayor Randel y s, For and Ms. Roberts, For. 8. Motion to Approve: sewer Force Main Replacement Project -- p 1 Ch ange orders No. I , 2 and 5 Associated with the sewer Force Main Replacement Pr i P 1 n the Amount Totaling $99,972.99. Mr. Bandish informed that the firm's representative was in the audience for ues i q tons. Mayor Randels asked why Flowable fill was used. Mr. Bandish explained how w Flowable fill surrounded the pipes and he stated that a directional - boor could not be r Randel done. Mayor - .. Y questioned the change order. Mr. Bandish replied that the ion of the line was known; however, the depth was unknown which incurred an additional cost. Mr. ' Bandrsh also explained the dffficulty of working with asbestos concrete i p pes- Mr. Petsos asked ff the contract stated that the C` would a for unknown c �Y pay Mr. Bandish replied that to the best of his knowledge other cities do a for 0 p u nforesee n circumstances. Ms. Roberts asked if updated drawings or maps existed. Mr. Bandish responded the City of Cocoa located their lines and when the contractor completed . p the work, the City would then receive as -built drawings. Mr. Petsos stated that the contractor should bear some of the responsibility. Mr. Steve Davies, Project Engineer with Brown and Caldwell stated that these circumstances were termed "unforeseen conditions" and exp lained how there were e Ovate r and sewer mains in the location and the firm could only well-point under the wate l' . � y p er ine since the standard is 18-inches of separation. Mr. navies stated that asbestos concrete provided no way of detection. Mr. Nicholas asked if a certain amount was set aside f or or conting encies when they bid a contract. Mr. Davies stated that when the contractor was made aware of unforeseen conditions, then they would submit their best p rice. Ms. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 9 of 14 Roberts stated that any anticipated risks should be discussed prior to the project onset in order to avoid such unforeseen conditions. Mayor Pro Tern Hoog asked if the City was paying for the water break repairs in the Church Lane and North Atlantic Avenue area. Mr. Bandish replied that ExperTech would pay for repairs if they caused damage. Mr. Bandish replied to Mayor Randels that the were awaiting a permit from the Corps of Engineers to go under the canal to complete the project. Mr. Bandish informed that if Mr. Martin Greene did not reply by the time the permit was received and the crew mobilized then he was required to pay for any future change orders related to his Mermaid Ivey project. Mr. Petsos mentioned that the bid was under - budget and with the change order the cost was still under - budget. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve the Sewer Force Main Replacement Project -- Change orders No. 1, 2 and 8 Associated with the sewer Force Main Replacement Project in the Amount Totaling $98,972.99. The vote on the motion carved &0 with voting as follows: Mayor Pro Tom Hoo For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 9. Motion to Approve: The 2008 Legislative Priorities List for the Space coast League of Cities. Mayor Pro Tern Hoog reported that the Board on which he served discussed Home Rule, Fireworks Discharge, Transportation Funding, Electronic Traffic Enforcement, the Florida Department of Transportation and the Certificates of Public [Necessity with the goal of g selecting the top three items. However, the list in question would come from each municipality specifically. Mr. Petsos expressed that he would like to continue beach re- nourishment. Ms. Roberts pointed out that the City has gone on record requesting that the Florida Department of Environmental Protection hear from the municipalities nor to taking 9 action that would impact a community. Ms. Roberts brought up property tax relief for second homeowners. Mayor Randels replied that property tax relief was under discussion with the State legislature. Mr. Boucher pointed out how Annexation was laid aside due to property tax reform. Mayor Pro Tem Hoog related how the inner communities appeared to not support the firework prohibition like the coastal communities. Mr. Ray Osborne asked if sustainable communities were a priority and he asked if Cape Canaveral would take the lead. Ms. Roberts pointed out that Cape Canaveral is a Tree" city and could move toward becomin a "Green Green p city. Mr. Petsos stated his favor with electronic enforcement if t covered the cameras at traffic signals in light of the corner of North Atlantic Avenue and State Road A1A. Mr. Nicholas brought up offshore sewage dumping. Mr. Petsos stated that a bill exists for that Rem. City Manager would submit the Priority List based on Council's discussion: 1) Municipal Home Rule City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 10 of 14 2) Beach Re- nourishment 3) Use of Cameras at Signaled Intersection for Speeders 4) Firework's Use Regulations 5) Transportation Improvement Funding 6) Certificate of Public Necessity No Other Action was Taken on This Item. 10. Motion to Approve: Proposals to Renovate the 7510 N. Atlan Avenue Building, Mayor Randeis stated how the Building official submitted calculation . son the build refurbishment at a cost of $8,500. Mr. Petsos based his comments on the feedback back that the City Manager received at the Fall Festival for the Sheriffs office to occupy the building. He proposed a short interval of occupancy for the Building De artment. M . 9 p Mayor Randeis pointed out that the new building did not have adequate sp ace for Building p ng staff. Todd Morley, Building official, explained how the lobby n the new building ding was substantially larger and therefore gave the appearance of less workspa . p ca for staff. Ms. Roberts stated that she viewed the lobby and found it sizeable and adequa for customers. Mayor Randeis reviewed the proposed plan and made note of the sp p ce that would be unusable such as a hallway and the drive -thru window. Mr. Petsos sug gested gg ed seeking an open floor space plan. Mr. Nicholas stated that an op en plan would prohibit a pe p p n atmosphere conducive to plans review. Discussion brought out the point of ' g po using more of the lobby area for staff. Council members also discussed the ex pense in light xp g t of moving the Sheriffs Department in at a later time, Mr. Boucher reported then ' p need for add�tional funds to remove non -load bearing walls, subsequent electrical work and � the telephone and computer system network. Discussion concluded on $25,000 for the refurbishmen needs. Mr. David Schirtzinger volunteered to assist with the demolition A motion was made by Mayor Pro Tom Ho and seconded b r � y Ali . Nicholas to Approve the Proposal to Demolition and Renovation of the 7510 N. A tlantic Avenue Building in an Amount Not to $25,000 from Governmental Impact Fees. The vote on the motion carWo " with voting as follows: Mayor Pro Tern H y cog, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels For and Nis. R oberts, Y � For. Motion to Approve: canceling the Regular City council Meeting �, g tY g of November 5 and Scheduling a special Meeting to Certify the Election Results on November 8 Mr. Boucher requested to add two items for discussion: change orders . g from Brown and Caldwe for the maintenance building and the Emp loyee's Health In surance Premium Renewals. Council approved by consensus to hear the two the additional items. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 11 of 94 A motion was made by Mr. Nicholas and seconded b Mr. Petsos to Approve pprove Canceling the Regular City Council Meeting of November 8 and Scheduling . � R � edul�ng a Special Meeting to certify the Election Results on November 8 The v ote on the motion carried " with voting as follows: Mayor Pro Tern Hoo For* Mr. Ni cholas, cholas, For, Mr. Petsos, For, Mayor Randels, For and Ms. Roberts For. 12. Motion to Approve: North Central Ditch Stormwater Improvement p t Project Proposal to Install a Baffle Box system. Jeff Ratliff, Stormwater Administrator, explained how the intention of a wet retention pond had to be changed. Rough calculations were submitted to the Florida De pa p ent of Environmental Protection [DEP] and the City was subsequently informed to q y consider another plan. CEP suggested an open channel and supported a super Baffle Box pp pe adjacent to West Central Blvd. DEP also supported installing baffle box along ng the storrnwater line coming up to the west. Mr. Ratliff noted the cast of the wet pond system at $524,000 and DEP was suggesting the baffle box system at $353,000. DEP stated that the C� would receive the �Y same water quality treatment for $'150,000. Mr. Nicholas asked if an easement were needed for r the west baffle box. Mr. Ratliff informed that he did not see how a baffle box co uld ld be i on the west. Mr. Ratliff stated that he would return to DEP in order to reduce the cost to $315 -to $320,000. This. Roberts questioned what would be done aesthetically n the north side of Y Central Blvd. area. Mr. Ratliff responded that cleaning the area was required first. Mr. Ratliff affirmed rmed to Mayor Randels that DEP was supportive of baffle box ro'ects. He re- stated hi P ! s plan to reduce the number of baffle boxes on this project b one. Mr. Ratliff a � Y far Ms. Roberts that there was no potential impact to an future bikeways, or Y y walkways. He also assured that there were no anticipated change orders. A motion was made by Mr. Nicholas and seconded b Ms. Roberts to A . Y Approve the North Central Duch Stormvw►ater Improvement Project — Prop to J pos I nstall a Bale Box System. The vote on the motion carried " with voting s follows: g Mayor Pro Tom Hoog, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, ,For and Ms. Roberts, For. 13. Motion to Approve: Master Agreement — Intergovernmental Radi o system (800 MHZ) and Advisory Committee. Council agreed to sign the Master Agreement for the Inter avenmental MHZ). g Radio System (800 A motion was made by Mayor Pro Tom Ho and seconded b Ms. � y Roberts to Approve the Master Agreement -- Intergovernmental Radio System (800 y MHZ) and Advisory Committee. The vote on the motion carried 5-0 with voting • g s follows, City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 12 of 14 Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; a May or Randels For and Ms. Roberts, For. Y 14. Motion to Approve: City Manager's Annual Evaluation. A motion was made by Ms. Roberts and seconded b Mr. Nicholas to Table This Item to November m Y . The vote on the motion carved 5-0 with votin g as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels F or or and Ms. Roberts, For. A motion was made by Mr. Nicholas and seconded b M Pro Tem Ho to Y Y � Extend the Meeting Until 10:75 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos For; Mayor Randels, For and Ms. Roberts, For. RESOLUTIONS: 15. Motion to Approve: Resolution No. 2007 -34; Opposing An Action b the PP 0 Y Y Florida Department of Transportation to Lease State Road 528 "The Beach Line" to Any Private Entity. Mayor Pro Tem Hoog asked why the Resolution language only stated State Road 528. Council members agreed to amend the Resolution language to read "an State road Y S. A motion was made to amend Resolution No. 2007 -34 to read "'Opposing n An pp� J Y Action by the Florida Department of Transportation to Lease Any State Roads to Any Private Entity. The vote on the motion to amend the Resolution carried 5 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas For; Mr. Petsos For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Ms. Roberts and seconded b Mr. Nicholas to A p p rove Pp rove Resolution No. 2007 -34 as amended. The vote on the motion carried 5-0 with voting as fellows; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos or For; Mayor y Randels, For and Ms. Roberts, For. ORDINANCES: Second Public Hearing: 16, Motion to 2 Adopt: Ordinance No. 0G -007; Amending Chapter 2 the List of . g P City Code Provisions Enforced through the Issuance of a Civil Citation. Mayor Randels read the Ordinance No. 082007 by title, AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE VI, CHAPTER 2, OF THE CITY CODE RELATED TO CODE ENFORCEMENT CITATIONS; AMENDING THE LIST OF CITY CODE PROVISIONS ENFORCED City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 13 of 14 THROUGH ISSUANCE OF A CIVIL CITATION; ESTABLISHING THE CLASS OF VIOLATION FOR EACH PROVISION; MAKING CONFORMING AMENDMENTS TO CHAPTERS 34 AND 110 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERE# LITY; AND AN EFFECTIVE DATE. Ms. Roberts reminded that she had requested to see the Administrative r p Ocesses related to Civil Citations presented at the Second Reading. Mr. Boucher responded g p ded that the processes were codified in the Ordinance; however, the form was an outstanding ssue. Ms. Roberts s � 9 stated that this Ordinance was not tied to the Chronic Nuisance ordinance. Mr. Boucher explained that the Council decided to set the Chronic Nuisance sauce aside i order to access the effectiveness of the Civil Citation program and revisit it after the � new year. Ms. Roberts then used Fireworks as an example of a Citation Program p og that was not actively used, and she did not see administrative) where this ordinance w o u ld Y u d drrfer. Attorney Garganese explained that the adopted form had a blank sp . p p ce �n which the Enforcement Officer could insert the code citation. Mr. Petsos questioned when the Council decided to set Chronic Nuisance aside. Mr. Boucher responded that it was his understanding hat the Council desired 9 s ed to set that issue aside. Mr. Petsos asked to see the minutes that reflected the decision to set Chronic Nuisance aside. Mr. Boucher clarified for Ms. Joyce Hamilton that alarm arm systems were under a separate Code section. Ms. Roberts brought out that there was no r q p method to inform residents of an anticipated violation. A motion was made by Mr. Nicholas and seconded b Mr. Petsos to Y Adopt Ordinance No. 06 -2007; Amending Chapter 2, the List of City ode P r ov isi ons ty Enforced through the issuance of a Civil Citation. The vote on the mo too n carried 5 with voting as follows: Mayor Pro Tom Hoog For; Mr. Nicholas For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For, REPORTS: City Manager ■ Mr. Boucher reported that the sand bypass ro'ect would in in mid P J beg d November. • Mr. Boucher asked if there were any interest in pursuing a Sister Ci p g rn Germany. Council members declined. staff Building official • No report. City Clerk • No report. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 14 of 14 City Attorney Attorney oarganese clarified that the Resort Dwellings ordinance was re- numbered from Section 110-485 to Section 110 -488 and Section 110^480 to Section 110 - 487. His office contacted Municipal Code Corporation to make that correction. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:24 P.M. Susan -8441s -- 1: �CMCj, CITY CLERK Rocky Randels, MAYOR