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HomeMy WebLinkAboutMinutes 02-01-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX III Polk Avenue, cape Canaveral, Florida TUESDAY February 1, 2005 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Mayor Pro Tern Council Member Council Member Council Member Mayor OTHERS PRESENT: City Manager Assistant City Attorney City clerk Recreation Director Public Works Director Building Official PRESENTATION: Bob Hoog Steve Miller Jim Morgan Buzz Petsos Rocky Randeis Bennett Boucher Kate LaTorre Susan Stil Nancy Hanson Ed Gardufski Todd Morley Ms. Carole Laurance of the Florida Space Authority addressed the Council and requested their support and partnership. The Florida Space Authority plans to build a commercial spaceport for small to medium -size boosters in Cape Canaveral. Ms. Laurance said that a feasibility study is the first step in the planning process at a cost of approximately $110 -to $140,000 of which the Space Authority has acquired 50 percent. Ms. Laurance said that the Florida Space Authority hoped to use excess property at the Kennedy Space Center for their concept plan. She replied to Mr. Morgan that NASA's feedback is favorable toward commercial space flights. Mr. Petsos expressed his concern that use of the Air Force rang would r equ ire � a Lengthy bureaucratic process to obtain authorization. Ms. Lamance replied to Ma yor Pro Tem Hoog that the plan is to build a space port booster vAthin the req uirements � nts of the standing port for use similar to that of an airline. The plan would ovit economic bene its tv the spaceport and for those needing the service. She replied to Mayor Pro Tem Hoog that y g t the City of Cape Canaveral, Florida City Council Regular Meeting February 1, 2005 Wage 2 of 7 Space Authority anticipates approximately $2- to $5,000 from the cities. Discussion followed on the competitive aspects of commercial space Bights. Ms. Lamance related that there are two local universities currently working on booster flights to the edge of space. She replied to Mayor Randels that commercial space tourism is forthcoming. Mr_ Petsos concluded that the space Authority would also need the State's legislative support. CONSENT AGENDA: I. City Council Regular Meeting Minutes of January 18, 2005. 2. Outdoor Entertainment Permit for the Manatee Sanctuary Park Dedication,, 3. Renewal of Inmate labor Contract with the Florida Department of Corrections in the Amount of $50 Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mayor pro Tem Hoog and seconded by Mr. Morgan to Approve Consent Agenda Item No. 'I through 3. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoag, For Mr. Miller, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. CONSIDERATION: 4. Motion to Approve: Mutual Aid Agreement with the Brevard County SherifPs Department, Mr. Boucher explained that this Mutual Aid Agreement would formally establish Jack Parker as the newly appointed Sheriff for authorization purposes. Mr. Boucher affirmed that this mutual aid agreement would maintain procedures for assistance from the Brevard County Sheriff's Office. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Mutual Aid Agreement with the Brevard County sheriff's Department. The vote on the motion carved 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Miller, For, Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting February 1, 2005 Page 3 of 7 RESOLUTIONS: 5. Motion to Adopt: Resolution No. 2005-04; Authorizing the Mayor and the City Cleric to Execute the Final Re -Plat for Ocean Gardens -- wave Four, James E. Morgan, Applicant. Mayor Randels read Resolution No. 2005 -04 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE --PLAT OF ;`OCEAN GARDENS — WAVE FOUR"; AUITHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE FLAT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Morgan abstained from voting due to financial interest. Mayor Pro Tem Hoog also abstained due to his involvement with the project. A motion was made by Mr. Petsos and seconded by Mr. Miller to Adapt Resolution No. 2005• -04. The vote on the motion carried 3-0 with voting as follows: Mr. Miner, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES; Second Public Hearing: 6. Motion to Adopt: Ordinance No. 01 -2005: Repealing In Its Entirety Chapter 40' ll, Human Rights, at second reading. Mayor Randels read Ordinance No. 01 -2005 by title. AN ORDINANCE OF THE CITY OF GAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEAL NG IN ITS ENTIRETY CHAPTER 40, ARTICLE II, HUMAN RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Miller to Adapt ordinance No. 01 -2 005 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For, Mr. Miller, For; Mr. 'Morgan, For, Mr. Petsos, For and Mayor Randels, Far. 7. Motion to Adopt: Ordinance No. 02-2005: Imposing a -Day Moratorium on Issuing Land Tearing Permits in the City, at second reading. Mayor Randels read Ordinance No. 02 -2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE GITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60-DAY MORATORIUM ON ISSUING LAND CLEARING City of Cape Canaveral, Florida City Council Regular Meeting February 1 , 2005 Page 4of7 PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated for the record that two sections in the ordinance were amended since the first reading: 1) a new Section 11 that specifically exempts certain persons from the moratorium, those in the process of having their site plans approved, and 2} a new Section III that creates a waiver provision to encourage those that are exempt from the moratorium to preserve trees. For a point of clarification, Mayor Randels read from the January 18 meeting minutes and asked the Building official if what was recorded was indeed correct. He read as follows, ` =Attorney Garganese stated that two issues apply: 1) if the permit is in hand and construction has begun, then construction would proceed, and 2} if some form of application was submitted prier to the January I e meeting, then that application would proceed. Mr. Morley replied to Mayor Randels that the Preliminary site Plan review is the beginning point in the process. It is a meeting that involves the staff, the site engineers and the developer. Mr. Marley affirmed for Mayor Randels that no other new preliminary site plans were identified as of 60 days prior to January 13 th . Mr. [Morgan stated that he might have a passible conflict and could not vote on this issue. Mr. Morgan asked legal counsel what constituted a vested right if a person chose to replat their existing property. He pointed out that retaining some of the large oaks might place homeowners in jeopardy due to lightning strikes and wind damage. Ms. Latorre replied that vesting means a permit in hand and also said that anyone coming to staff within 6B- days of the moratorium was exempted. Mr. Morgan questioned have amendments to the ordinance would affect a future re- platted site plan. Ms. Latorre replied that any re-plat applicant would have to wait for the results of the moratorium. Mr. Morgan expressed his overall favor with the moratorium. Mr. Boucher informed that Mr. Morley planned to present nine Issues to the Planning and Zoning Board regarding the land clearing and tree preservation Code sections_ Ms. Latorre stated at this time that Mr. Morgan could participate in the vote on the issue. A resident inquired about the land cleared north of Canaveral Beach Blvd. Mayor Randels replied that the current City code allows the developer to remove any trees within the footprint. Mr. Morley replied to a residents question that a site plan and landscape plan are submitted to the Building Department and mitigation is established and noted on the landscape plan. Once the land clearing company performs their work, a City inspection is performed to ensure that the trees that were identified for preservation are saved. He stated that a penalty of $250 per inch of tree is applied if the developer does not adhere to tree preservation noted on the landscape plan. Mr. Morley replied that some trees still remain on the projects periphery. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Adopt ordinance No. 02 -2015 at second reading. The gate on the motion carved 5 -0 with voting as City of Cape Canaveral, Florida City council Regular Meeting February I , 2005 Page 5of7 follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For, Mr. Petsos, For and [Mayor Randels, For. DISCUSSION: S. Review Process for site Plans. Mayor Randels remarked that a comparative of what is done by way of Site Plan review was submitted in the Agenda Packet. Mr. Petsos stated that he would prefer to see Council as the accountable and responsible final authority in the Site plan review process. He requested that this item be placed on the next City Council meeting agenda for further discussion. Ms. Latorre stated that legal counsel could draft a proposed ordinance that would change the Code to reflect that the Council has the final review and the Planning and Zoning Board would remain in an advisory capacity. Council directed legal counsel to draft said ordinance. REPORTS: City Manager • Mr. Boucher reported that Ms. Hanson has been working with Ms. Sharon Horton, Cape View School Principal, regarding a perimeter fence around the school in order to keep the playground open after school hours_ if the cost is within his spending authority, he requested Council for permission to acquire the fencing. +� Mr. Boucher reported that the County plans to draft a Code on Vacation Rentals in residential areas. • Mr. Boucher reported that he' received a response from the County Attorney on the Emergency services issue. He stated that the County is assessing the impact to the remaining Brevard municipalities if Palm Bay secedes from the Emergency Services system. • Mr. Boucher reported that AJT made an offer to relocate the sheriff's office into their proposed facility. He also reported that U.S. Customs and the Florida Department of Law Enforcement are relocating and might also be possible facilities for relocating the Canaveral Precinct. Discussion resulted in retaining the City Hall complex. ■ Mr. Boucher inquired about a date for the next Code Review meeting. Council agreed to February 1 5, 2005 at 5:00 P.M. Mr. Boucher replied that the Building Official compiled (9) issues for the Planning and Zoning Board to review during their February 9 meeting. 2. Staff Building official • Mr. Morley provided a report of local construction in Brevard County from the Homebuilders and Contractors Association for both number of residential units and construction valuation wherein the City of Cape Canaveral ranked fifth. ■ Mr. Morley reported that the Residence Inn site plan was approved. City of Cape Canaveral, Florida City Council Regular Meeting February 1, 2005 Page f of 7 Recreation Director Ms. Hanson requested Council's help with preparing food for the Manatee Sanctuary Park Grand opening. Public Works Director • No report. City Clerk • No report. Assistant City Attorney • No report. AUDIENCE To BE HEARD: There was no public comment. 3. City Council Mr. Petsos • Mr. Petsos asked if there were any interest in 24 -hour, `-day desk support in the Canaveral Precinct. Council members expressed their support Mr. Petsos asked if the County Commissioner planned to provide the City with any funding in light of the $3.2 million in revenue. He expressed that $70-to 80,000 for playground equipment was minimal compared to the revenue. Mr. Boucher suggested sending a formal letter to the County Commissioner to request funding for playground equipment and roadway paving. The letter would propose that the City would resume ownership of Ridgewood Avenue and Central Blvd subsequent to the County paving and resurfacing. • Mr. Petsos inquired about the North Atlantic Avenue Transportation Study. Mr. Cardulski replied that information was submitted and results are forthcoming. He said that he is also working on a turn lane for Central Blvd. & State Road Al A. i Mr. Petsos commended the Public Works on the sea oat Plants coordination. An installation project is planned for February 19th at 8:00 A.M. Mr. Gardulski said the he would continue with plans for another Sand Fence project,. Mr. Miller ■ No report. Mr. Morgan ■ No report. Mayor Pro Tern Hoog • Mayor Pro Tern Hoog expressed his favor with the school fence project. • Mayor Pro Tern Hoog reported on transient activity at the Manatee Sanctuary Parr area. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 1, 2005 Page 7 of 7 = Ce Mayor Randels A • Mayor Randels announced existing Board vacancies. • Mayor Randels announced that the Chamber of Commerce is looking for volunteers at the Seafest on March 11th through March 13th. • Mayor Randels reported on a merger of the Space Congress and the Cape Canaveral I Space Port Symposium under the Symposium name. • Mayor Randels reported on the success of the 40"'Annual Jazz Fest at the Radisson and its positive feedback from WFIT. • Mayor Randels read a commendable letter from R.Jerry Korte of Prudential Star Real Estate. • Mayor Randels reported that the Space Coast Area Transit[SCAT]now has designated stop signs. He also reported that the SCAT has two new vans that are of curb height to accommodate the physically disabled. 1 • Mayor Randels remarked on the newly distributed Hometown News and the successful coverage for the City. • Mayor Randels stated that he is working with the Girl Scouts of Orlando and Cape Canaveral was chosen to promote their annual Cookie campaign. • Mayor Randels related that due to inattentiveness of its City Council Members, the 2"d District Court of Appeals in Los Angeles established that a City Council's duty is to listen 1 to testimony or risk violating citizens'due process. 1 ADJOURNMENT: : Co, ii A motion was made by Mr. Morgan and seconded by Mayor Randels to adjourn the meeting at 8:35 P.M. Motion carried unanimously. i 1 4o %.t Rocky Randels, MAYOR l ir-, l i i as/ _ —usa' Stir-4 CITY CLE K .err , 1 t I i I 1 1 1 1 ci i i ., FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA E -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COM TTEE O D �.T t (C �i✓,A �j rVG MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ,� /� WHICH (SERVE IS A UNIT OF: �'�� p'CITY ❑COUNTY ❑OTHER LOCAL AGENCY ��7y n - /��� � COUNTY NAME OF POLITICAL SUBDIVIS ON: DATE ON WHICH VOTE OCCURRED MY POSITION IS: � � Q .S CYELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. it applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 11 2.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357 F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST f _r hereby disclose that on 2 1 20 (a) A measure came or will come before my agency which (check one) ✓inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, _ inured to the special gain or loss of whom I am retained; or by inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME— �MIDDLE NAME NAME OF BOARD, COUNCIL, COMMI5810N, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON . 3 � J � G�� 4z_ � Q-� WC C ERVE1SA UNIT OF: 5 CITY CQ ��. fTY ❑COUNTY O OTHER LOCAL AGENCY CT/�� C i1,�,�,� l.��k � � �.��' NAME OFPOUPCAISUBDM510N: DATE ON WHICH VOTE OCCURRED MY POSITI N IS: LECTIVE D APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 11 2.31 43, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 153.355 or 153.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from vofiing in that capedity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother - in-law, son -in- lava, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OF FIO E RS In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. Is Is APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in thew matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in vvrifing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112DOO PAGE I APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The forty must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. ■ You must complete the form and file it within 1 5 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the farm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE of LOCAL OFFICER'S INTEREST IF _-- -1 �--- - �. hereby disclose that on .�� -- — — - 0 / 20 (a) A measure came or will come before my agency which (check anal inured to my special private gain or loss; inured to the special gain or loss of my business associate, .__ inured to the special gain or loss of my relative, inured to the special gain or loss of _ �....� _ _ _ _. _.._ _ _ _._ _. _ by whore I am retained; or inured to the special gain or loss of ��. �._._ _.._ which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed ct A nAnIrn NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.3'17, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 112400 PAGE 2