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HomeMy WebLinkAboutMinutes 06-01-2004 Regular 3 L 1 f 1 CITY COUNCIL REGULAR MEETING , (w CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 1, 2004 7:00 PM f MINUTES CALL TO ORDER: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese I i City Clerk Susan Stills Building Official Todd Morley Recreation Director Nancy Hanson i 1 PRESENTATION: i Senator Mike Haridopolos, Legislative Issues Update. Senator Haridopolos of District 26 presented Legislative Session highlights. The Senator reported a strong economy and a budget increase without any additional taxes. He reported on the apparent success of the 10-20 -Life crime prevention program. Senator Haridopoios noted that the Florida Kid Care is fully funded and had eliminated its waiting i list. The Senator used visuals to depict how much is spent on the State budget. He replied to Mayor Randels that although the Medicaid budget increased by 9.2 percent, the Legislature hoped to introduce a State waiver to gain more flexibility in allocated spending. Mayor Randels inquired about the equalization process for school funding. The Senator replied that the Legislature was successful in equalizing school funding across the State through the District Cost Differential formula that allocates funding equally among large, medium and small counties. He stated that Florida's budget has increased from $50 to $58 billion and a greater amount of funding is expended for schools. Senator Haridopolos City of Cape Canaveral, Florida City Council Regular Meeting June 1, 2004 Page 2 of 6 � explained some of the benefits of the Bright Futures Scholarship Program and how it assists the best and brightest graduating students. Mr. Frank Kuhns inquired about lottery proceeds funding whose intent was to benefit all students; however, he felt that the Bright Futures Scholarships benefit selected students. He emphasized that all of the money is not being allocated to all of the students. Senator Haridopolos encouraged Mr. Kuhns to review the State's budget and how it is allocated to education. Mayor Randels replied to Mr. Kuhns that the Legislature is equalizing fund allocation to assist middle and smaller counties and not only metropolitan areas; however, taxes are required to build schools. In reply to Mayor Randels' question about the Legislative horizon, the Senator expressed caution with the additional $25,000 homestead tax. He said that this might remove an accountability standard. Mayor Randels inquired about any proposed action on reducing the number of amendments to the constitution. The Senator stated that perhaps a higher threshold, perhaps 60 percent of voters in order to pass an amendment. He replied to Mayor Randels that he is not in favor of an increased income or sales tax. Senator Haridopolos thanked the Council for their time. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 18, 2004. C oe 2. Proclamation for Code Enforcement Officer's Appreciation Week. 3. Proclamation for Management Week. 4. Proclamation for National Small Cities and Towns Day. 5. Resolution No 200422; Reappointing One Regular Member to the Business and Cultural Development Board (B. Edwards). 6. School Resource Officer Agreement with the City of Cocoa Beach. Mayor Randels asked if any Council Member, staff` or interested party desired to remove any item from the Consent Agenda for discussion. ti No request was made to remove any items for discussion. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No 1 through 6. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. Ce City of Cape Canaveral, Florida City Council Regular Meeting June 1, 2004 Page3of6 CONSIDERATIONS: 7. Motion to Approve: Removal of Creosote Poles from Manatee Sanctuary Park and Regrade Parking Lot in the Amount of $6,325.00. Mayor Randels explained that the creosote poles were used to delineate the parking lot. Ms. Hanson replied to Mr. Treverton's question on regrading that the lot would only be regraded in the area where poles were removed. She explained that the existing poles were a donation and were now in a state of disrepair. Ms. Hanson replied to Mr. Treverton that the City did not bid this project; however it could be performed by L.A. Construction, Inc. the current contractor. Mr. Boucher replied to Mr. Miller that the only other option was in -house cut-up and removal. After some discussion on removal options, Council agreed on a job order to the current contractor for cresote pole removal and parking lot regarding. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller for the Removal of Creosote Poles from the Manatee Sanctuary Park and to Regrade the Parking Lot in the Amount of $6,325.00 to L.A. Construction, Co. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No 03 -2004; Amending Chapter 94, Signs, of the City Code, at first reading. Mayor Randels read Ordinance No 03 -2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; REVISING THE PURPOSE AND SCOPE OF THE CHAPTER; MODIFYING DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS; AMENDING THE SIGN APPLICATION AND PERMIT PROCEDURES; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels read the proposed amendments that include: allowing temporary signage for a period of once a year per event or activity; on residential property, no one temporary sign shall exceed 6- square feet and the total number of temporary signs on any one residential property shall not exceed three and on construction sites in addition each subcontractor shall be allowed one non - illuminated construction sign not to exceed in area of nine square feet and 4-feet in height. One subsequent sentence was amended to read, co, signs allowed shall be permitted for one year or until the Building Permits for the area under development have expired or been revoked. Mayor Randels explained that City of Cape Canaveral, Florida City Council Regular Meeting June 1, 2004 Page4of6 proposed amendments would allow for sign code regulation in a generally applied manner without discrimination to any particular type of sign. Mr. Treverton asked if the cost for a sign is $25.00 per sign. Mr. Boucher recommended that Staff present a fee schedule. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No 03 -2004 at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Ordinance No 11- 2004; Providing Technical Amendments to Chapter 78, Utilities, at first reading. Mayor Randels read Ordinance No 11 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING TECHNICAL AMENDMENTS TO CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that this item was initiated due to the Code Review Meeting on May 4 He explained that this ordinance would provide for disposal of any off -site sewage should the need arise. Mayor Randels pointed out that other revisions were made to the Code Section to include: updating the Reclaimed Water application as needed, establishing a provision for City employees to enter private property and providing for reasonable attomey's fees and costs in the event of litigation. Mayor Pro Tem Hoog asked if there were any fees for sewage dumping. Mr. Boucher stated that fees are outlined in the Appendix B of the City Code. There was no public comment. A motion was made by Mr. Miller and seconded by Mr. Treverton to Approve Ordinance No. 11 -2004 at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For RESOLUTIONS: 10. Motion to Adopt Resolution No 2004-18; Adopting a Citation Form in Accordance with Section 82 -402. Mayor Randels read Resolution No 2004-18 by title. ,.4 City of Cape Canaveral, Florida City Council Regular Meeting June 1, 2004 Page 5 of 6 ,x err A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH SECTION 82-377 OF THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Hoog asked if the citations would be numbered when printed. Attorney Garganese affirmed. Mayor Pro Tem Hoog asked about the procedure if a fine is not paid. Attorney Garganese replied that the violator has the right to appeal to the Code Enforcement Board within ten days of receiving a violation. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve Resolution No. 2004 -18. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher reported that the City's property tax increased by $147 million. • Mr. Boucher related that Commissioner Sasso is soliciting donations for the Cocoa Beach fireworks display. • Mr. Boucher reported that he received a letter regarding the proceeds from the Beach Lawsuit against the Federal Government. The City's anticipated amount is $54,212. • Mr. Boucher stated that he supported the Building Official's decision on the Vested Rights issue. 2. Staff • The City Clerk stated for the record that the Vested Rights Hearing was properly advertised in Tight of the applicants comment on the City's omission of due notice. AUDIENCE TO BE HEARD: • Ms. Elizabeth Mars displayed a photo of an overflowing dumpster across the street from her home on Madison Avenue. She explained that the trucks do not have proper access for pick -up. Mr. Boucher stated that he has forwarded the issue to Code Enforcement. Another resident expressed concem that the dumpster is a safety hazard to children on bicycles. • Ms. Andrea Schaffner asked if any fireworks citations were issued for the activity that occurred on Saturday and Monday nights of the past holiday weekend. The City Manager would follow up with Law Enforcement • Ms. Andrea Schaffner expressed her disfavor with the Council's decision on the Vested Rights issue. She asked if this would set a legal precedent Mayor Randels replied that the procedures have changed since 1984 to prevent any other occurrence. • Mr. Leo Nicholas stated that the Planning and Zoning Board rejected the application when it was reviewed the first time. Mr. Nicholas commented on the abandoned nature of the project. The City Attorney advised the Board that he could not defend the City's position if the application was rejected. Mr. Nicholas stated that the second review was irr based on defense of the City's position. City of Cape Canaveral, Florida City Council Regular Meeting June 1, 2004 Page 6 of 6 • Mr. Dave Danford of WastePro of Florida introduced his company. He stated that his company is relatively new with 182 trucks in 15 locations in Florida as well as Georgia. His company has 17 Municipal, 2 County and 3 Miktary contracts. He requested to be placed on the next City Council meeting agenda. Council concurred. • Ms. Shannon Roberts requested that the firm consider a new manner of handling the #' existing dumpster problems. • Mr. George Geletko of Waste Management stated his company acquired the existing solid waste contract with the City by reason of a merger and the existing contract has a renewal provision. He stated that the company exists to provide excellent service at a competitive rate. • Mr. Nicholas inquired about progress on the Annexation issue. Mr. Boucher stated that he would acquire a copy of the City of Cocoa Beach's survey results and he also anticipates receiving the infrastructure study results. Mr. Nicholas commented on Canaveral residents voting on the annexation. • Mr. Larry Weber, Executive Director, of Keep Brevard Beautiful commented on Waste Management's good will services in that the company provides trucks that assist during the citywide clean -up efforts free of charge. He asked the Council to be mindful of such services .wtlen reconsidering their contract. t;aivkv ° ;' ' .. The ing .no es s, the Chair adjourned the meeting at 11:35 P.M. fr "H ° r. ri n ve�R� 0 t (110f = Rocky Randels, MAYOR Susa ,'' C-4:11(