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HomeMy WebLinkAboutMinutes 11-01-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 1, 2005 7:00 PM MINUTES CALL TO ORDER ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tern Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate LaTorre City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Building Official Todd Morley CONSENT AGENDA 1. City Council Regular Meeting Minutes of October 18, 2005. 2. Proclamation for Family Month. 3. Resolution No. 2005 -39; Appointing a Regular and Alternate Member to the Planning and Zoning Board (Donald Dunn and Shawn Schaffner). Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove any items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Approve Consent Agenda Items No.1 through 3. The vote on the motion carried 5- City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 2 of 10 0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 4. Motion to Approve: Support for the Countywide Fireworks Ordinance. Mayor Randels informed that the City received a letter from the County Commission for support of the County Fireworks Ordinance. This ordinance is similar to that of Pinellas County since it had been tested through a challenge. Mr. Boucher explained that the proposed ordinance addresses fireworks sellers and requires them to keep detailed records of fireworks sales. He spoke with Commissioner Pritchard to create standardized forms. Mayor Randels replied to Mayor Pro Tern Hoog that the Department of Agriculture would authorize permission to those acquiring a sale. Mr. Boucher informed that the Sheriffs Office played a part in discussion. Discussion concluded that any effort to limit sales and regulate discharge would benefit the community. Ms. Shannon Roberts asked if this would be enforced continually throughout the year. Mayor Randels affirmed. He included that the County would like a copy of the City's ordinance. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve Support for the Countywide Fireworks Ordinance. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Renewal of Group Medical, Dental and Life Insurance. Ms. Stills explained that a Health Review Committee composed of a cross - section of City departments met to discuss a 29 percent increase and medical benefits coverage. The group focused on choices within the existing network in order to avoid the Request for Proposal process with minimal results. Mr. Petsos stated that he preferred to see the employee contribute something toward their health benefits coverage. Mr. Morgan expressed that a contribution may impact those on the lower end of the pay scale. Mr. Petsos stated that the existing plan in comparison to the alternative plan allows for lower prescription drug costs as well as the employee/ spouse and employee/ child rates. He clarified for Mayor Randels that he recommended staying with the existing plan using the budgeted amount of 25 percent and employees contributions of $5.15 per pay to cover the additional 4 percent increase. Mr. Bruns agreed with Mr. Petsos that the employees should pay something toward health care coverage and he expressed that $20 per month was minimal. Mayor Pro Tern Hoog expressed that each year the cost rises and he would like to see employees pay into their health coverage. Ms. Stills replied to Mayor Randels that the payroll deduction issue is a perceptual issue. City employees are aware that no other City requires their employees to City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 3 of 10 pay any portion of their health insurance coverage. She expressed that the City staff is small by comparison to other cities in the County and she expressed that perhaps one of the other larger cities could be first to take action toward employee payroll deduction toward health insurance coverage. Mr. Boucher informed that the cost totaled $5.03 per week per employee or $261.62 per year. The annual premium per employee is $6,728. Mr. Morgan expressed to see the Council support the existing plan for one more year. Mayor Randels informed that he and the Public Works Director visited the City of Cocoa Beach Public Works Department and found three of the City's former employees working there in order to gain coverage for their spouses. The City does not provide dependant coverage. Ms. Stills stated that she would present Council's recommendation to the employees. Mayor Randels stated that this item could be tabled until the next scheduled meeting. Ms. Stills informed that the health insurance renewal date is December 1, 2005. Council members requested a copy of this item. Item No. 5 was tabled until the next City Council meeting on November 15, 2005. 6. Motion to Approve: Annual City Manager Evaluation. Mayor Randels explained the process of how the Council evaluates the City Manager based on a 1 point through 5 point ranking system. Mayor Randels informed that Mr. Boucher ranked predominately in the 4 to 5 point range. Mr. Boucher ranked highly in fiscal responsibility. Mr. Boucher first of all thanked the Council for their feedback and stated that he was satisfied with the 3 percent Cost of Living Allowance that was granted to the employees. He thanked the Council for raising the employee's pay scale in the previous year. Council members supported the City Manager's intent. Mr. Petsos expressed that Mr. Boucher intended to lead by example. Mayor Randels informed that Mr. Boucher totaled a ranking of 4.1 points overall. He noted that Mr. Boucher is as responsible to the citizens as the Council. Mr. Bruns stated that in the short time he has served on the Council, Mr. Boucher made re- entering back to Council duties a seem -less transition. He commended his work. Mayor Randels explained that the City grants a Cost of Living Allowance and the supervisor awards merit increases; however, Mr. Boucher expressed his intent to the Council to forego a merit increase this review year. Mr. Boucher commended his staff for their team efforts. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Annual City Manager Evaluation. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 4 of 10 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 19 -2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 110 - 334(10) Allowing R -2 Residential within the C -1 Commercial Zoning District Along the Al Corridor, at Second Reading. Mayor Randels read Ordinance No. 19 -2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110 - 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C -1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C -1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was published on October 22 and had a First Public Hearing on October 18 Mayor Randels clarified that City Council requested a change to page two of three in Section 1, the fifth sentence. The words, "along the SR A1A corridor only" were inserted. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 19 -2005 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 8. Motion to Adopt: Ordinance No. 20 -2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005, at Second Reading. Mayor Randels read Ordinance No. 20 -2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30,2005; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 5 of 10 A motion was made by Mr. Morgan and seconded by Mayor Pro Tom Hoog to Adopt Ordinance No. 20 -2005 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2005 -38; Establishing a Code of Conduct for City Council Members and City Board Members. Mayor Randels read Resolution No. 2005 -38 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY CODE ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY BOARD MEMBERS AND PRESCRIBING PENALTIES FOR VIOLATING SAID CODE AS SPECIFICALLY SET FORTH HEREUNDER; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels explained the resolution as guidelines for the City Council and Board members to conduct business. Mayor Randels questioned why the language on penalty was not stricken in the title. Attorney LaTorre replied that penalty clauses were removed in the title as it was in the content. Mayor Randels questioned the need for the restrictions outlined in the resolution. Mr. Morgan clarified that as a Council/Manager form of government, the Council directs the City Manager who in turn directs staff. Mayor Pro Tern Hoog and Mr. Morgan concurred to remove the penalty clause language. Ms. Andrea Schaffner questioned for clarity if any one Council member answers to the others. Mayor Randels affirmed the Council acts as a collective body. Mr. Dunn asked if Council conduct was subject to recall. Mayor Pro Tern Hoog replied that the City Charter outlines the provision for recall of a City Council member. Ms. Shannon Roberts asked if there were some form of warning process prior to removing a Board member. Attorney LaTorre replied that Board members serve at the pleasure of the Council and there is no remedy prior to removal. Mr. Boucher stated that once the Resolution is adopted, staff would schedule a Board member seminar. Discussion followed on removing Section 2, Penalties Mayor Pro Tern Hoog asked if removing Section 2, Penalties would prevent Council from taking appropriate measures against a Board member. Attorney LaTorre stated that Council still had authority under the Code to remove members. Mr. Morgan suggested changing the word "penalties" to "actions" within Section 2 as well as the Section Title. An amendment to the main motion was made by Mayor Pro Tom Hoog and seconded by Mr. Morgan To Amend the Word Penalties to Actions. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 6 of 10 A motion was made by Mr. Bruns and seconded by Mr. Morgan to Adopt Resolution No. 2005 -38; Establishing a Code of Conduct for City Council Members and City Board Members with the Amendment to Remove Penalties in the Title. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Adopt: Resolution No. 2005 -40; Designating the City Manager as Applicant Agent for the State of Florida Hazard Mitigation Grant Program Application. Mayor Randels read Resolution No. 2005 -40 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA DESIGNATING THE CITY MANAGER AS APPLICANT AGENT FOR THE STATE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM APPLICATION. Mayor Randels explained must take formal authority to apply for the Florida Hazard Mitigation Grant. Mayor Randels asked if the application should designate a name in the City Manager section or would the one designation carry on. Mr. Ratliff replied that the one -time designation should be sufficient. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Resolution No. 2005 -40; Designating the City Manager as Applicant Agent for the State of Florida Hazard Mitigation Grant Program Application. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS: 11. Motion to Approve: Revised Site Plan for Bayside Condominiums. Mayor Randels explained the correction made to the Planning and Zoning Board memorandum that suggested the removal of a sidewalk. He outlined that the Board recommended to remove the area highlighted in yellow and to construct the sidewalk highlighted in orange. Mr. Bill Young explained the rationale to remove the sidewalk in order to avoid attracting people to a potentially dangerous retention area. Mr. Young stated that the homeowners had no objections to the approved site plan. However, he has had some complaints from parents whose children came too near the retention area. Mayor Pro Tern Hoog concurred with children's safety and added that cars are also susceptible to veering into retention ponds. Mr. Morley informed that at a site inspection it was revealed the sidewalk did not exist. Mr. Young escrowed $8,000 to install a sidewalk. Discussion followed on sidewalks in front of the units. Mr. Morley replied to Mayor Pro Tern Hoog that sidewalks along the parking area and that provide access to the community pool shall remain. There is no regulation to enclose the area unless there is a deep incline. Mr. Young stated his intention to City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 7 of 10 forward the $8,000 of escrow funds to the Homeowner's Association. He pointed out how his plan would prevent hazards. Mayor Randels questioned why a 9 -foot retention pond had no fence? Mayor Pro Tern Hoog asked if the City could require a hedge to maintain safety around deep retention. Mr. Morley replied that no hedge was required unless there was a three to one incline. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Revised Site Plan for Bayside Condominiums. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher reported that under the Waste Management, Inc. Franchise Agreement there would be no increase in rates due to a 5 percent revenue increase. • Mr. Boucher also reported Brevard County contracted with Waste Management, Inc. [WMQ for disaster debris removal. WMI subcontracted Doug Conners for this service. • Mr. Boucher reported that the Sheriffs Office delivered a check for $119,645.44 in refund from the previous year's contract. Mr. Boucher referred to an E-mail from the Brevard County Traffic Engineering Department on available impact fees. He informed that the County has $437,425 available for City road improvement projects. Council agreed with widening North Atlantic Avenue. • Mr. Boucher reported that the City Attorney sent a letter of intent to purchase the 3.5 Acres of property for the new City Hall. • Mr. Boucher reported that Council received a Letter of Inquiry from Commissioner Pritchard to purchase Cherie Down Park. Discussion focused on lifeguard services. Mayor Pro Tern Hoog expressed an interest in the purchase. Mr. Petsos requested to see the maintenance costs on the boardwalk and the parking area. Mr. Morgan questioned unseen costs. Mayor Pro Tern Hoog suggested purchasing the land west of Cherie Down Park as well. • Mr. Boucher noted the article in the Florida League of Cities Datagram on Rental Properties. There is a concern of governmental entities involvement in regulating properties of four -units or more. He would continue to monitor activity. 2. Staff Public Works Director Mr. Gardulski reported that the protective glass for the 24 -hour desk personnel in Law Enforcement is on order. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 8 of 10 City Treasurer No report. Building Official • Mr. Morley noted that the new LaserFiche software program allows building permit expiration tracking. Stormwater Coordinator No report City Clerk • No report. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne announced that he had obtained a speaker, "Sonny Whit, PhD" for the Historical Workshop Meeting at the Cape Canaveral Library in January. He encouraged submission of artifacts for display. He informed that there is a grant available for a historical marker. Mr. Osborne questioned if the City had any interest in a historical marker? Mayor Randels cautioned that any place designated as a historical marker could not be removed. Discussion followed on historical markers. Mr. Osborne asked if the City would provide any funding for a historical marker. He also asked if the City would consider purchasing a historical book, "Old Indians at the Cape Canaveral." Mayor Randels informed that the Library could purchase the book for reference purposes. • Ms. Andrea Schaffner reported on an ice cream vending truck operating in the City. Mr. Shawn Schaffner informed that the police require detailed identification in order to register a complaint. Ms. Schaffner stated that if Law Enforcement could drive by more frequently, they could obtain a report. • Ms. Shannon Roberts asked if there were plans for ample lighting along North Atlantic Avenue on both the east and west sides. Mr. Boucher replied that the Public Works Director worked with Florida Power and Light engineer to obtain adequate lighting. 3. City Council Mr. Bruns • Mr. Gardulski replied to Mr. Bruns that plans for the Public Works facilities maintenance building is progressing. • Mr. Bruns asked for an update on the position vacancies on the volunteer Boards. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 9 of 10 • Mr. Boucher replied that the Mayor signed the Joint -Use Agreement for Cape View Playground Use. Mr. Petsos • Mr. Petsos asked if there were any other anticipated funds from the County. He asked the City Manager to follow up with the named contact in the County Finance Office. • Mr. Petsos also questioned if there were any future plans for a sidewalk on State Road A1A near the Radisson. Mr. Gardulski informed that BellSouth has a line in the area. Mr. Boucher will contact the BellSouth representative for a status report. • Mr. Petsos requested more information on a letter from the State Attorney's office charging to prosecute municipal cases. Mr. Boucher stated that this referred to the State charging for any City ordinance violations. • Mr. Boucher asked if the Council would waive the fees for the Kiwanis Club to use the Manatee Sanctuary Park. Mr. Boucher replied that an action required the consensus of the Council. He recommended to remove all non - profit organizations. Mr. Morgan • Mr. Gardulski replied to Mr. Morgan that increased line irrigation heads and pressure would supply more reclaimed water to the Ridgewood Avenue retention pond. • Mr. Morgan stated that he would like to see Ridgewood Avenue cleaned. • Mr. Morgan stated that he received much input on the City's moratorium ordinance. He expressed that the City does not have enough people to support a 100 percent commercial district along the State Road A1A corridor. He desires to see the Boards review this ordinance and he cautioned Council to thoroughly review the proposed ordinance. Mr. Bruns asked what steps the City could take to obtain input. Mayor Randels explained that the Business and Cultural Development Board could host a symposium for input. Mr. Morgan suggested advertising to invite public input on the issue. Mayor Pro Tom Hoog • Mayor Pro Tem Hoog asked about the buffer between Fairvilla and Manatee Bay. Mr. Boucher informed that the City notified Fairvilla of their commitment. • Mayor Pro Tem Hoog asked for a progress report on the Center Street park. Mr. Gardulski reported that grading and landscaping are in progress. Mayor Pro Tem Hoog clarified that $8,500 was placed in escrow for landscaping. Mayor Randels • Mayor Randels commented on the employee newsletter and the number of staff that attend professional development training. • Mayor Randels informed that Mr. Dennis Regard is the contact for the County Finance Office. 1 City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 # Page 10 of 10 , (hie • Mayor Randels informed that Mr. Petsos made a presentation to the Florida League of Cities Environmental Quality Committee Meeting on gaming ship _ sewage dumping. He related that this State committee will work on this issue as one of their objectives for the 2006 Legislative Policy. • Mayor Randels informed that the original location of the original Lighthouse was discovered. 1 • Mayor Randels related he is working with Space Coast Area Transit Authority and with Council's permission he would like to use the Recreation Center as an embarking point for tours of the Cape Canaveral Lighthouse. • Mayor Randels announced a request from the American Legion to designate a monument honoring an individual at the Veterans Memorial Park. Council t. concluded to accommodate the request with a plaque rather than a monument. • Mayor Randels announced an event at the Brevard Cultural Arts Alliance that he could not attend and passed the invitation to interested Council members. • Mayor Randels reported that he has been asked to serve on the Brevard Workforce Development Board to determine types of training cities desire for I their current and future workforce. • Mayor Randels presented some statistics on Brevard County Schools that rank I` highly among the nation's schools. • Mayor Randels spoke on the consequential impact for the City due to a Request for Proposal for a hotel/convention center in the Port area. • Mayor Randels replied to Mayor Pro Tem Hoog that the City received a grant for $495,000 for bus shelters. ADJOURNMENT: Ititill!, There being no further business, the Chair adjourned the meeting at 9:35 P.M. C-_-_ ,0 g ck......\ C .--ou4aa- Rocky Randels, MAYOR ' ;-' '1/4t L Susan •Is ITY CL K }"cji , ‘` .\. f t t i t C i i 1 x. t