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HomeMy WebLinkAboutMinutes 01-04-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL. ANNEX I I I Polk Avenue, Cape Canaveral, Florida TUESDAY January 4, 2005 7 :00 PIS! MINUTES QALL To ORDER: PLEDGE OF ALLEGIANCE: & CALL: Mayor Pro Tem Council Member Council Member Council Member Mayor OTHERS PRESENT: City Manager City Attorney City Clerk City Treasurer Public Works Director Todd Morley INTRODUCTIONS: Bob Hoog Steve Miller Jim Morgan Buzz Petsos Rocky Randeis Bennett Boucher Anthony oarganese Susan stills Andrea Bowers Ed oardulski Building official Commander Doug Scragg introduced himself a . s Cape Canaveral s new precinct chef and gave a brief review of his law enforcement ex ' p er pence. He stated that he served with three Sheriffs to date and that his work ethic is on ' e of customer service. He also introduced Lt. Alan Moros. Mayor Randeis informed ed that Mr. Boucher i his chef point of contact and that the Council would provide the necessa equipment for their staff to perform their duties. M r. Petsos related h desire to . see increased Community Pol and more law enforcement interfacing ith the corn . g comm especially �n the area of drug trafficking regulation. Commander Scra stated tha • gg at both he and Lt. Moron worked �n a Narcotics Emit and they intended to make a difference in the community. Lt. Alan Moros related his experience and said that Canaveral community. Mr. Leo Nicholas asked for he looked forward to working �n the - • yr details regarding the incident at 408 Adams Avenue. Commander Sera explained . • gg p the scenario as a stabbing at that address in which the victim expired during transp Law e . g p enforcement w �n pursu Of a suspect and he stated that this was not a random act of viol Council thanked the Commander for his input. Mayor Randeis introduced 1111r. Bill Epp who pp Y O played severa selections on h i s a Mr. Eppley performs regulars at the local Publix Y Supermarket on State Road 520 and City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2GO5 Page 2 of 7 Courtenay Parkway. Mr. Eppley donates all of his funds to benefit the Make A Wish Foundation. PRESENTATION: Commander George McGee was una vailable at this • ►s lime for �l�e pr esentation. CONSENT AGENDA: I. City Council Regular Meeting inutes g of December ?, 200410 2. Resolution No. 2005 -01; Appointing on p� g e Alternate Member to the Business and Cultural Development Board J. Anderson Mayor Randels asked if any member of council . ,staff or interested party desired to remove i tems tems from the Consent Agenda for discussion. A motion was made by Mr. Morgan and seconded ded by ally. Petsas to Approve Consent Agenda items IVa. '! and 2, The vote on the motion carved " with voting as follows: Mayor Pro Tem Hao For; 9� , Mr. Miller, Far, Mr. Morgan, Far; Mr. Petsos For and Mayor Randels, Far. Mayor Pro Tem Haag stated he would not support Item No. 3 an the consent Agenda. Mayor Randels removed Item No. 3 for . discuss�an. 3. Resolution No. 2045 -02; Appointing an pp g Al ternate Member as a Regular Member to the code Enforcement Board L. H t oifi►e). Mayor Randels read Resolution No. 2005 -0 by title A RESOLUTION APPOINTING AN ALTERNATE MEMBER As A REG THE CODE ENFORCEMENT g ULAR MEMBER OF QARD OF THE CITY OF CAPE CANAVERAL, FLORIDA • PROVIDING FOR AN EFFECTIVE DATE. ' Mayor Pro Tern Hoog expressed his concern with c itizenship th Mr. Holfve s lack of U.S. c�t�zenshi quasi-judicial icia [ B � � p and his serving on a g Board that directs the actions of citizens. He also related how Mr. Holfve had conflicting erifications r • g re garding his education. Attorney Garganese stated that the Council has the disc retion . c et�on to make Board appo illlayar Pro Tem Hoag said that he had no problem ' i ndividual p em with Mr. Holfve as an �nd�v�dual but restated his concern that Mr. Holfve was not a U.S. citizen • tt�zen and serving on a quasi- judicial Board and he would not support the a Pp pp tment. Mr. Petsos recalled that the City Attorney had previously said that the way the . y e lave was written required the Council to approve Mr. Holfve as a member or has the law • . changed and approval �s now at the Council's discretion. Attorney ar anese said . red approval to be his opinion. g d that he did not believe that required inian. lIJla � p Mayor Pro Tern Hoag also related that he learned through other sources that Mr. Holfve's degree did note equate to a Bache ' � ears of Science degree. City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2005 Page 3 of 7 Mr. Nicholas asked when Mr. Holfve's term expired. ' p The City Clerk stated that he received a letter regarding his term expiration this ear. Mr. Nicholas cholas stated that he is currently not a member of the Board and this action would ` constitute a different appointment in that it would designate him a regular me • g tuber. Mayor Randels clarified that Council Members received a letter in their a p ckets asking Mr. Holfve if he desired to serve as a regular member to the Board and Mr. Holfve checked hi �s agreement to serve. Attorney arganese stated that Council's decision would make him a regular member appointment. Mr. Bo � g Bou cher asked the City Clerk if there were an other alternate members. Ms. Stills Y l s stated that Mr. Holfve" was the only lternate memo this time. Y r eat Mr. Petsos asked if the applicant had an i for ` y p the Council. Mr. Holfve related that someone forwarded an E -mail to the Universe of Sweden . University a making inquiry into a graduating year of 1 974 when he had raduated in 19 g 65. Mr, Holfve stated that he had 18 years of education by United States comp ris p on. He related that he has served on the Code Board up to this date however he had n ' o compelling reasons to become a citizen. He stated that he entered the United State • States under a permanent resident status law that has since changed. He still has the responsibilities ' of paying taxes and registering for the draft, however, he could not seek the office of U.S. senator or President. Mayor Pro Tern Hoo e x p ressed that right to make decisions over citizens g p Mr. Holfve did not have the r� g when he himself was not a citizen. Mayor Randels concluded that the decision Y Sion of the Council would be a judgment decision. A motion was made by Mr. Petsos and secon by Mr. Morgan to Approve Resolution No. 2005-02 to Appoint An Alternate ate Member as a Regular Member of the Code Enforcement Board. The vote on the e r�ot�on faded 4 -� with voting as follows: Mayor Pro Tem Hoo , Against; Mr. . g g Miller, Against; Mr. Morgan, Against; or Randels, For Mr. Petsos, Against and Ma Y . CONSIDERATIONS: 4. Motion to Approve: Coop erative Purchase se with City of Orlando, Santa and Manhole Re � Sewer Lining pair; G riner's Pipeline services, Inc. Mayor Randels stated that this item is for budgeted repairs on the C qty } s sewer system. The purchase is part of a cooperative bid with ' p the City of Orlando. Mayor Randels named the planned streets as: Washington, Adams Jefferson, • g son, Monroe, Jackson, Pierce and Buchanan Avenues and some on Holman Road. Mr. Walter Bandrsh, Assistant Public Works Director, stated that this ro'ect is far slip-lining p � the sewer system that would decrease infiltration at the plant. Mayor Randels Y explained infi ltration as seepage into the sewer system and slip lining would prevent groundwater i • g ft atran. Mr. Band�sh explained that the project would address the streets identified for repair when the lines were televised and would also control costs. Mayor R • "living y Randels remarked that the Orlando bid packet calls fora l�ving wage" that a s $8.5g for l . p Y la bor and questioned �f such e could be applied to future bid language packets . g g p s. Mr. Gardulski responded that the wa ua a lan used on the State Road A ?A project. language s . City of Cape Canaveral, Florida City Council R Meeting January 4, 2005 Page 4 of 7 A motion was made by Mr. Morgan and seconded d by Mayor Pro Tem Hoog to Approve a Cooperative Purchase with the City i . • • ty of Orlando, Sanitary Sewer L.�n�n and Manhole Repair; �r�ner's Pipeline - � Services, Inc. in the Amount Not to Exceed $92, oDD. The vote on the motion carried 5 . -D with voting as foliovws. Mayor Pro Tem Moog, For; Mr. Hitler, llll Far* r y . Morgan, For; Mr. Petsos, For and Mayor Randels, ,For. 5. Motion to Approve: Capital Equipment p Contract Amendment Requested b the sheriff's De p artment y IIllr. Boucher asked to remove the Item from th Agenda in that Commander SCra to review the 99 requested the opportunity a req asst. Item 5 was removed from the Agenda. 5. Motion to Approve: A Hold Harmless a . and Indemnification Agreement between Cape Caribe, Inc and the City of Cape pe Canaveral. Mayor Randels explained that the Code Enforcement Board enacted a Board Order to compel Cape Caribe, Inc. to come into compliance providing . p p ding that they enter into a Hold Harmless Agreement. Mr. Todd Morley, Y: Official, stated that the sign extended into the site visibility triangle. The sig was permitted . 9 p ed due to erroneous information. He also stated that the sign is too large for that zoning istil • g Ct based on uncleanly communicated information. Illlr. Morley read from the Code Enforcement �� orcement rT�eet�ng minutes, A motion was made and seconded to find the case in violation an • d be given until October 21, 2005 to into nto Compliance, with the indemnification and hold harmless agreement and recommends the City to find a way to work with the owner t - . o rectify the violation with the least amount of hardship." Mr. Morley replied e . Y p to Mayor Pro Tem Petsos that the ro lines were not correct and the p rtY e size was not properly conveyed. He stated that the Inspector did not observe the overall size Burin � • g the footing inspection. Mr. Moyle stated that the error was identified Burin the f Y g anal inspection. Attorney Garganese stated that the Code Board order conforms and the Hold Ha • Harmless Agreement �s also to form. Mr. Leo Nicholas inquired for the record that the Agreement • g ernent does not absolve Cape Caribe, Inc. from correcting the problem. Mayor Randels responded esponded that under the terms of the Agreement, Cape Caribe has u to one year . p y to come into compliance. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve a Hold Harmless and Indemnification Agreement � 9 between Cape Caribe, Inc, lnand the City � of Cape Canaveral. The vote an the motion carried 5-0 with voting s follow For; . g s. Mayor Pro Tern Hoo gs 3 Mr. Miller, For; Mr. Morgan, For- Mr. Petra Randels, F � s, For and Mayor For. RESOLUTIONS: ?. Nation to Approve: Resolution Na. . . ADDS -D3, Review of An Sever Rates, Mayor Randels read Resolution No. 2005- . D� by title, City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2045 Page 5 of 7 A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE S RATES, PROVIDING NOT TO IMPLEMENT EWER EMENT A 3% SEWER RATE INCREASE FOR 2005 AS PROVIDED FOR IN CHAPTER 78 UTILITIES ARTICLE III SECTION APPENDIX B of THE CITY OF CAPE 78 -� 52 CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels noted that this was the third ear that . y t the City has not raised the sewer rates. Mr. Boucher reminded Council that the City Treasurer �y used the sewer rate model to gauge progress and will use another rate model for the next five ears f Y o operations. Mr. Gardu #ski related that the new bleach system was o erational and wo uld that p uld lessen the risks the chlorine gas system presented. A motion was made by Mayor Pro Tem Hoo and seconded econded by llllr. Morgan to Approve Resolution No. 2005 -03; Review of Annual 1 Sewer Rates. The vote on the motion carried 5-0 with voting as follows: Mayor Pr . R . y o Tern Hong, For, Mr. Miller, For, Mr. Morgan, For; Mr, Petsos, For and Mayor Ran y dale, For. REPORTS; 1• City Manager • Mr. Boucher thanked the city clerk for assisting im with City tty management during the holiday season. ■ Mr. Boucher thanked Public Works for their clean- i ` h the Py decorating and beautification efforts thrO ug a holiday season. Mr. Boucher announced that the code Review Workshop s � p on January 13 at 6:0� P.M. ■ Mr. Boucher reported on Palm Bays intent to sep arate from en p the Brevard bounty Emerg cy Response System. Chief Dave Sargeant requested to speak . � pe to the Council at the next meeting • Mr. Boucher announced that the Sand Re- nourishment roe ` ` �. p J ct would begin �n February and should conclude by May I before turtle nesti season begins. Mr. Petsos s 1N 9 s uggested using the Displaced FEMA Workers to install another row of Sand Fencing. • Mr. Boucher reported that Jeffrey Ratliff former code Enforcement Board member was hired as the new Stormwater Administrator with Public Works. 2. Staff Public Works Director • Mr. oardulski announced that Sea oats planting s forthcom ng. City Treasurer • No report. Building official • Mr. Morley announced that the department issued Certificates of occupancy for the Bayside Development ■ Mr. Morley also announced that permits were read for t e Oa k Park development betwe the Villages of Seaport and Shorewood Drive. • Mr. Morley announced vacancies on the code Enforcem Board. City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2005 Page 6 of 7 City Clerk Ms. Stills informed of a meeting on the following day to .� Y coor dinate information for the Council to review space options for the facilities plan on the existing City Hall bloc i � tY k. Mr. Petsos added that closing ng some of the roads for a campus effect was also once an option. City Attorney • No report. AUDIENCE To BE HEARD: Mr. Leo Nicholas recommended that the Council request - . f eq st an annual written evaluation of the Sheriff's office in order to submit the Council's collective concerns in light of a $2 million contract. Council members agreed that a workshop could be planned for one rn from the transition in order to hear their o oath ob servations and to provide direction. Mr. Boucher replied that the new Commander was instructed to review . . contract. the standards within the original Representatives of the Discovery Bay omeowners - - Y Association requested reclaimed water line installation. Mayor Randels explained that two valves were in at the entrance of Thurm Blvd. ho wever the street is not a City street. Mr. Morgan stated that there is nothing that prevents the City from I creating n ea • Mr. Gardulski ex g cement to allow the reuse line. pained that the contractor would send the Homeowners$ Asso ciation President pricing informat on a two -inch loop and a four -inch loop. Mr. Boucher clarified that the Attorney General Opinion states that in order to y • expend taxpayers money the City would need a public purpose. Attomey Gar anese stated h Tied. g th a special assessment could be applied. Mr. Boucher would research cost and find out if a special or if public utility pe al assessment could apply P ty easements were available. Mr. Petsos suggested seeking g roup look' gg ng a grant in that they are a private 9 P ing toward beautification and conservation measures. The Association members thanked the Council for op • pe g a dialogue on the issue. 3, city council Mr. Petsos Mr. Petsos asked if there were any interest in obtaini an impact fee study. Mr. Morgan suggested staff review the issue first. Ms. Bow • ers r eplied that a Request for Proposal is planned for a sewer rate stud and as Ma yor Randels suggested, she could add an impact fee study to the specifications as well. Mr. Petsos asked Mayor Randels for the results of his . s meeting with the county Commissioner. Mr. Randels reported on the meetin to follows: g that took place on December 2g as • Beach restoration • Annexation reform and • Reform the State Statutes restricting the fireworks sates • General revenues from the Municipal Services Taxing Units [MSTUI on North Ridgewood Avenue, and • Resort rentals Mayor Randels said that he also questioned the Commissioner on the impact of Palm Bay separating from the Emer�gency Response System and teamed that a Mediation Meeting is scheduled for January 14 at 2:00 P.M. Discussion followed on the desire to see more County MSTU funding used in the City. City of Cape Canaveral, Florida City Council Regular Meeting January 4, 2005 Page 7 of 7 Mr. Petsos requested two additional on stop sig ns Ridgewood 9 g cod avenue. Mayor Randels expressed Council's consensus to add two stop signs on Ridgewood Taylor Ave nues. 9 Avenue spec on Madison and Ta y enues. Mr. Miller a No report. Mr. Morgan • No report. Mayor Pro Tem Hoog ■ Mayor Pro Tern Hoag stated that two years ag o he met ut ili z i ng . Cape Vi g with the School Board on utrlrx�ng Ca P View Elementary School playground as an additional ark. H City Manager meet with Ms. p e requested that the Sharon Horton, school Principal, for discussion on using lied that the playground. Mr. Boucher re p at funding might be the obstacle. since grant funding s minimal, he intended to have the Recreation Director ! . 9 oak in costs. May or Pro Tenn Haag explained that securing he area and finding ' conc 9 ng equipment were his main Mayor Randels • Mayor Randels reported that the Cape Canaveral Pr d istributed Pre cinct d�stnbuted gifts to over 200 children and received cash donations in the amount of C �5, 9��. He also reported that �5 Christmas dinners were supplied to needy families. • Mayor Randels announced that April 16" is the Annual L1 Trash Bash and Great American Clean- and he encouraged more participation. Mayor Randels related a thank you to the City fr - ty om the Central Bre►�ard Sh a r ing Ce nter for the generous food donation. • Mayor Randels reported that the properties of 432, 434 436, 4313 and 440 Grant Avenue request Annexation. Mr. Boucher expres concern with annexing parcels that would create discontinuity. Mayor Randels announced that Mrs. Judith Kersey - ywas inducted acted � nto the Florida Women's Hall of Fame for her 35 years of career ex i or ex perience �n the Engineering field. Mayor Randels announced that the Florida League of Cities would ` 's P vi d like to publish an article on the Cit Portuguese visit as part of an International Relati uest to the ans feature. He forwarded the req City Manager. • Mayor Randels reported that action was needed aga in ' in g n �n order to control the peacock p the City. Discussion followed on humane! transporting farm environment. Y p g the peacocks to a ADJQ.URNMENT: There no further" . • 9 _ _ er business, the Chair adjourned the m eeting • gat �.00 P.M. r � ~n r — Rocky Randeli MAYS Susan i _1s, CITY .C.LERK