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HomeMy WebLinkAboutMinutes 01-06-2004 Regular 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 6, 2004 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski PRESENTATIONS: Holiday Beautification Awards Mayor Randels presented the Holiday Beautification awards to the following winners: Mr. Carl Anderson as the Multi - Family winner at 610 Jefferson Avenue and Mr. Vinnie Russomanno as the Commercial winner for Fairvilla Megastore at 500 Thurm Blvd. Mr. and Mrs. Ben and Pat Latta, the winners in the Single - Family division at 309 Madison Avenue were unable to attend the meeting and will receive their award at a later time. 3 1 City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 2 of 9 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 16, 2003. 2. Resolution No. 2004 -01; Appointing One Alternate Member to the Code Enforcement Board. (A. Filteau) Mayor Pro Tem Hoog requested to remove Item No. 2 in order to meet the prospective applicant. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Consent Agenda Item Removed for Discussion: 2. Resolution No. 2004 -01; Appointing One Alternate Member to the Code Enforcement Board. (A. Filteau) Mayor Pro Tem Hoog asked Ms. Filteau if she would be willing to move to the Planning and Zoning Board if a position became available due to her extensive planning background. Ms. Filteau agreed that she would. Mr. Hoog also asked about her thoughts on handling a matter conceming a friend. Ms. Filteau replied that she had no problem voting on issues that might confront a friend. Ms. Bea McNeely noted that there is an expressed need for people on the Community Appearance Board as well. Mayor Randels replied that Ms. Filteau had declined to serve on the Community Appearance Board. A motion was made by Mr. Hoog and seconded by Mr. Miller to Approve Consent Agenda Item No. 2 Appointing An Alternate Member to the Code Enforcement Board, Alice Filteau. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673. Mr. Boucher requested that the motion expressly state that the three percent increase is one time only for all City employees effective January 1, 2004. Mr. Larry McCormack, Union Steward, was present and indicated his agreement. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 3 of 9 C A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673 Contingent with a 1.1 Percent Cost of Living Increase Based On a One-Time 3 Percent Across Board Salary Increase for All City Employees Effective January 1, 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Emergency Repairs to a Gravity Sewer Main by Atlantic Development of Cocoa in the Amount of $13,180. Mayor Randels explained that the City Manager desired to have the emergency repair approved by the Council since the cost exceeds his spending authority. Mr. Ed Gardulski, Public Works Director, stated that he is working on acquiring three bids for the actual construction following completion of the engineer's drawings. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve Emergency Repairs to a 16-Inch Gravity Sewer Main by Atlantic Development of Cocoa in the Amount of $13,180. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Rands Is, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 42-2003; Amendments to Section V, Wage and Salary Plan of the City Personnel Policy. Mayor Randels read Ordinance No. 42-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION V, WAGE AND SALARY PLAN, OF THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels summarized that the amendments to this ordinance would allow for an increase to the maximum wages in most job classifications and the amendments also included some specialized position classes. Mr. Boucher stated that all Department Heads provided input into this wage plan and he agreed that the specialized positions provided work incentives. Mr. Morgan stated that the City Managers job classification was grossly underpaid and approving the wage plan would place his pay scale well within the range. Mr. Hoog said that there were some other positions as well that are also underpaid. Mayor Randels expressed that the employees needed a salary range comparable with the surrounding area. Mr. Treverton added that the total cost of the increase amounted to less than 1 percent of the City's annual budget. City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 4 of 9 Mr. Nicholas inquired about the City Manager's salary and asked if the Council considered the budgets and the number of personnel in other cities. He said that the City Manager's salary should be reviewed in light of Cape Canaveral's absence of Fire and Law Enforcement administration. Mr. Morgan replied that other cities are also organized differently to oversee those larger components. On another note, Mayor Randels expressed his desire for quarterly reporting on the City goals. Mr. Treverton said that he would also like to see the City Manager's evaluation on the next City Council agenda. Mr. Boucher said that Council Members should submit evaluations by January 13 and he would also need to meet with each Council Member prior to that date. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 42-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 6. Motion to Approve: Resolution No. 2004-02; Amending the Sewer Rates to Abate an Increase in 2004. Mayor Randels read Resolution No. 2004-02 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE SEWER RATES, PROVIDING NOT TO IMPLEMENT A 3% SEWER RATE INCREASE FOR 2004, AS PROVIDED FOR IN CHAPTER 78 UTILITIES, ARTICLE III, SECTION 78-152 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that subsequent to a sewer rate study, a three percent rate increase was established to offset sewer operations costs. However, City Council has decided that revenue was sufficient and a rate increase was found unnecessary this year. A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve Resolution No. 2004-02 Amending the Sewer Rates, Providing Not to Implement a 3% Sewer Rate Increase for 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Resolution No. 2004-03; To Officially Name a Street in Portside Villas, Portside Avenue. Mayor Randels read Resolution No. 2004-03 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING PORTSIDE AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE C.M. WESTON SUBDIVISION AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY City of Cape Canaveral, Florida City Council Regular Meeting 1 C January 6, 2004 Page 5 of 9 COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION, AND AN EFFECTIVE DATE. Mayor Randels stated that within the City ordinance avenues run east to west and streets run north to south. He stated for the record that the property was the 12 acres north of Southgate Mobile Home Park on the 8800 Block of North Atlantic Avenue. Mr. Treverton noted that some of the City avenues are actually streets by definition. A motion was made by Mayor Randels and seconded by Mr. Hoog to Approve Resolution No. 2004 -03 Officially Naming Portside Avenue in the C.M. Weston Subdivision. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Mr. Todd Morley, Building Official, asked for approval for three Add -On Items to Officially Name streets to the regular meeting agenda. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve Three Add -On Items to the Regular Meeting Agenda. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Approve: Resolution No. 2004-04; To Officially Name Streets in the Puerto Del Rio, Phase 3 Subdivision; Laguna Lane, Lago Drive and Lindo Street Mayor Randels read Resolution No 2004 -04 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING LAGUNA LANE, LAGO DRIVE AND LINDO STREET, ALL LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE PUERTO DEL RIO, PHASE 3 SUBDMSION AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. Mayor Randels clarified that the Puerto Del Rio property was visible to the west of the overpass. Mr. Hoog asked if the streets under discussion were concurrent with the City code street naming process. Mayor Randels read from City code Section 98 -119 that defines how City streets are named. Discussion followed on the accuracy of renaming Luguna Lane to Laguna Way. Mayor Randels requested that the Building Official ensure the proper designation. SS City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 6 of 9 A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve Resolution No. 2004-04 Officially Naming Laguna Lane, Lago Drive and Lindo Street in the Puerto Del Rio Phase 3 Subdivision. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Resolution No. 2004-05; To Officially Name Streets in the Shores of Artesia Subdivision; Sailfish Avenue, Elbow Key Court and Abaco Court. Mayor Randels read Resolution No. 2004 -05 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING SAILFISH AVENUE, ELBOW KEY COURT AND ABACO COURT, ALL LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE SHORES OF ARTESIA SUBDIVISION AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, AND THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. Mayor Randels clarified that the existing units built east to west are considered 8501 Ridgewood Avenue and the County requested individual addresses for the units. Mayor Randels informed that the developer's choice of Man -of -War Avenue was not accepted as a street name and therefore Sailfish Avenue was chosen. Mayor Randels asked if the streets would comply with City standards. Mr. Nicholas concluded that at some later time the streets may be tumed over to the City for maintenance. Mr. Boucher stated that the City holds the developer to the standards in City code Chapter 98. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve Resolution No. 2004-05, Officially Naming Sailfish Avenue, Elbow Key Court and Abaco Court in the Shores of Artesia Subdivision. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 10. Motion to Approve: Resolution No. 2004-06: To Officially Name a Street within the City of Cape Canaveral, Majestic Bay Avenue. Mayor Randels read Resolution No. 2004 -06 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING MAJESTIC BAY AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. 7f City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 7 of 9 Mayor Randels clarified that the property is just south of the Wachovia Bank on North Atlantic Avenue and to the north of Carver's Cove. A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Resolution No. 2004 -06 Officially Naming Majestic Bay Avenue in the City of Cape Canaveral. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher thanked Ms. Stills for filling in during his absence. • Mr. Boucher reported that Stottler, Stagg provided four available lots for Fire Department facilities. • Mr. Boucher announced that the City newsletter is in progress and solicited input from the Council. Mayor Randels suggested the Sewer Rate Abatement resolution. Mr. Hoog suggested highlighting a Board member. Mayor Randels also suggested a photo of Board members receiving an oath of office. Council also suggested that current Board members receive new City shirts. • Mr. Boucher again thanked staff for the City's holiday decorations. • Mr. Boucher reported that the Public Works Director's project update was available. 2. Staff Mr. Gardulski • Mr. Gardulski reported that the Ridgewood Avenue stomiwater project should begin next week. • Mr. Gardulski also reported that the City sign lighting is in progress. City Clerk • Ms. Stills asked about the nominations for the Voting and Alternate Voting Delegate to the Space Coast League of Cities. Mayor Pro Tem Hoog was named as the Voting Delegate and Mayor Randels as the Altemate Voting Delegate. • Ms. Stills also asked about attendees at the monthly Space Coast League dinner. Mayor Randels and Mayor Pro Tem Hoog confirmed attendance. AUDIENCE TO BE HEARD: • Mr. Trent Milliken addressed the Council regarding his response to the Summary Judgment. Mayor Pro Tem Hoog stated that Mr. Milliken's case was one of the first before the Code Enforcement Board and questioned why Mr. Milliken would have a problem signing the Summary Judgment if he no longer intended to produce honey or keep bees? Mr. Milliken replied that his property was intruded on after a report was made to City Hall. Mr. Milliken stated that he keeps the bees outside of the City limits. Mr. Hoog said that the hives however are being transported into the City limits. Mayor Randels clarified that one sentence in the City ordinance under Beekeeping Prohibited, disallows beekeeping within 1 City of Cape Canaveral, Florida City Council Regular Meeting January 6, 2004 Page 8 of 9 the City limits. Mayor Randels pointed out that Item 12 of the Summary Judgment provides for three days reasonable notice prior to City staff entering on Mr. Milliken's property if he should violate the Code at any future time. Mr. Morgan stated that Mr. Milliken could not engage in beekeeping as a home occupation in R-2 zoning. Mr. Hoog stated that the hives are located in North Merritt Island and transported into the City for honey extraction. Attorney Garganese replied to Mr. Morgan that the Code Enforcement Officer served Mr. Milliken a Notice of Violation for harvesting honey in a residential area and he will go before the Code Enforcement Board. Attomey Garganese stated that a reasonable settlement was presented and if Mr. Milliken signs and abides by the Settlement Agreement there is no harm. Mayor Randels summarized that the City Council intended to enforce the City code on beekeeping and the extraction issue would be addressed separately. Mayor Randels concluded that Council's intent was for Mr. Milliken to sign the Stipulated Order. Mr. Milliken went on record to say that he would not sign the Stipulated Order. Mr. Boucher stated that a Court date with the Judge would be set on the Summary Judgment and Mr. Milliken could address the Court at that time. 3. City Council Mr. Miller • No report. Mr. Morgan • No report. Mr. Treverton • Mr. Treverton emphasized the City Manager's evaluation. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog inquired about the status of the Portable On-Demand Storage ordinance. Attorney Garganese is working on the ordinance language. • Mayor Pro Tem Hoog gave a request to remove the offensive graffiti from the gazebo at the Washington Avenue Park. Public Works will address this issue. • Mayor Pro Tem Hoog inquired about the reuse line project Mr. Boucher replied that engineering drawings were approved. • Mayor Pro Tem Hoog addressed annexation of the south area. Mr. Boucher will approach this issue with the County Commissioner. • Mayor Pro Tem Hoog asked if there were a standard set of questions that the Board attorney could ask when the applicant is interviewed at the Board level. The City Attorney will provide the questions. Mayor Randels • Mayor Randels displayed a newspaper photo of Mike Richert during a City cleanup. • Mayor Randels reiterated interest on the City Attorney performing oath of office for new City Board members. • Mayor Randels inquired about the current full time swom deputies that are assigned to the Community Oriented Policing program. Mr. Boucher replied that quarterly reports provide the data. 1 City of Cape Canaveral, Florida 1' City Council Regular Meeting January 6, 2004 te Page9of9 k • Mayor Randels presented a recent sales article on a unit in Cherie Down Lane that sold for $174,000. • Mayor Randels announced that he received $5,000 from the Wachovia Bank for the Fair Housing Association. • Mayor Randels reported that the representative from the Carlisle Group was the focus of an article in Florida Trend magazine. Mayor Randels said that affordable housing k construction and management is the Group's intent with dwellings that fit inconspicuously within the existing community. Mayor Randels expressed concern with mobile home parks that are phasing out and questioned if the City should take some action. Mr. Boucher stated that the proposed projects are within a low payment range. Mayor Randels concluded an affordable range might be too late due to the market value of existing property. • Mayor Randels shared a newspaper article from a resident of Palm Bay that commended Cape Canaveral on its beach access. 1 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:30 P.M. -.. C C: 1 _ Cie .,,,, Rocky Randel z , MAYOR f to. S � '.;. . 4 Sus . _ G.ER C oo4n " itt, i` 1 i y 1 y k . t P B t i 1 S t ti 3 2 : t 104- 1 4 4 1 i s r I 1 C