HomeMy WebLinkAboutMinutes 08-17-2004 Regular CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 17, 2004
7:00 PM
MINUTES
CALL TO ORDER:
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
Public Works Director Ed Gardulski
PRESENTATIONS:
Marguerita Engel, Intergovernmental Coordinator, St. Johns River Water
Management District Presentation of a $75,000 Cost Sharing Grant Check
Mayor Randels stated that the City submits grant applications to State funding sources.
This grant is to extend the City's reclaimed water system. Ms. Marguerita Engel stated
that the alternative water supply cost -share system grant is for the reuse line expansion
project. In closing, she called the Council's attention to the Cost Assistance Resource
Guide that referenced other water resource services and she also provided the agency
web site address. Mayor Randels expressed the desire to be the first City to cease
discharge of stormwater into the Banana River.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of August 3, 2004.
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City Council Regular Meeting
August 17, 2004
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2. Resolution No. 2004-26; Appointing an Alternate Member as a Regular
Member of the Planning and Zoning Board (W. Schoenfeld).
Mayor Randels asked if any Council Member, staff or interested party desired to remove
an item from the Consent Agenda for discussion.
No request was made to remove any items for discussion.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to
Approve Consent Agenda Items No. 1 and 2. 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: Quarterly Budget Report and Transfers for the Period
Ending June 30, 2004.
Mayor Randels explained for the audience that periodic amendments are made to the
Budget to accommodate large purchases. Ms. Bowers stated that the overall budget
period ended on a positive note. Mayor Randels noted the $227,000 increase due to
impact fees that has been set aside for future expansion. He commended the City
(Ire . Manager on his fiscal responsibility.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the
Quarterly Budget Report and Transfers for the Period Ending June 30, 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.
ORDINANCES: Second Public Hearing:
4. Motion to Adopt: Ordinance No. 14-2004; Annexation of the Avon -By- The -Sea
Area, at second reading.
Mayor Randels read Ordinance No. 14-2004 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM
GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD Al TO THE ATLANTIC
OCEAN, AND OTHERWISE KNOW AS WIISLOW BEACH OR THE
UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL
AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF
THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO
A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL
CHARTER, ARTICLE 1, SECTION 2, TO INCORPORATE THE SUBJECT REAL
PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 3 of 9
MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD
REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL
CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE.
Mayor Randels stated that this is the second reading of the Annexation Ordinance that
was tabled for further review at its previous reading. The proposed ordinance establishes
the referendum question language. He stated that if the Annexation ordinance were
approved at this meeting, three Town Meetings would be held on September 2,
September 28 and October 7 to provide additional information to the voters. The
recommended effective date is October 1, 2005 in order to accommodate the services
transition period. Mayor Randels reviewed that the item was first heard on June 15 as a
Discussion Item. The First Public Hearing was on July 6 however, there were concerns
voiced by the residents of both sides of the issue for the language to more clearly describe
the area for Annexation. The ordinance was heard again on July 20 as a First Reading
with the amended language included. A Second Public Hearing on the ordinance was
heard on August 3 and there were concerns raised on the percentage of properties in
trust and/or life estates. Council tabled the item until time certain of August 17 The City
Attorney rendered an opinion on the trusts issue based on the City Planners research.
Mr. Todd Peetz, City Planner stated that the requirement was 30 percent of the land area
C hw must have registered voters. He said that Attorney Torpey presented new information that
a trust or life estate could not be counted in the 30 percent of the registered voters. He met
with representatives of Attorney Torpey's office on August 11 and research concluded
that 79.16 were the total acres disputed in the Annex area. He stated that 33.25 percent
was the cumulative total. Mayor Randels clarified the two factors as 1) 30 percent of the
landowners must be registered voters and 2) a landowner with property in trust does not
signify a registered voter. Mr. Treverton inquired about the opposing parties reference to
an additional 4 acres. Mr. Peetz explained that he used Brevard County Geographic
Information Systems data, or mapping data; however, Attorney Torpey's office used the
acreage numbers from the Property Appraiser's web site. Mr. Peetz explained to the
Mayor that if 2.78 acres were in trust, that is more than enough to exceed 30 percent using
his acreage count.
Attorney Jeff Buak stated that his firm met with the representatives of Smooth Sailing. He
stated that Florida trusts create a legal ownership to protect assets. He stated that Smooth
Sailing's concern is if property in trust has the legal right to vote during annexation. He
stated that two cases were found that while in trust, these property owners do not lose the
benefit of controlling their property. He said that the trustees do have the right to vote as
trustees of the property. Attorney Buak clarified that the Council could move forward with
less than 30 percent prior to the election and he established Council's action as valid to
proceed.
C e Attorney Torpey restated his initial proposal of using the method of obtaining 51 percent of
the property owners' consent and then to proceed to a referendum. He replied to Mr.
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City Council Regular Meeting
August 17, 2004
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Morgan that majority is 50 percent plus one. He explained that a small percentage of
voters would decide the fate of the property owners. He distributed data and stated that
there are varying ways to calculate the sum total of acreage. Attorney Torpey questioned
Mr. Peetz for the record as to why his list is not comparative to the data his office used
from the County Property Appraiser's web site. Attorney Torpey stated for the record that
the City's total is 26 percent of registered electors. He noted that if all properties north of
Grant Avenue were added then an additional four acres should be included to the total
acreage and if the City is not adding that property, an illegal enclave will be created.
Attorney Torpey stated that to this date he has not received an answer from the City on the
question of the four acres.
He read from an E -mail sent to Mr. Wiederman from the City Planner that approximated
79.16 acres. He emphasized that the City Planner's use of approximations is unwarranted
when State Statutes is specific about the amount of allowable acreage. He questioned the
29.74 percent that the City Planner calculated stating that this figure is still less than the 30
percent required. There is 2.78 acres in trust and the question is if they are voters and also
owners. Attorney Torpey read from Page 2, Paragraph 3 of the August 17 letter that he
distributed that read, " If however 71 percent or more of the land to be annexed is owned
by individuals, corporations, or entities which are not registered electors, such area cannot
be annexed unless 50 percent of the landowners consent to the annexation."
Attorney Torpey distributed his response from Mr. John Wayne Smith of the Florida
League of Cities. Mr. Mark Eli, City Planner for City of Seminole, drafted a letter stating
that over the last four years the City has held 17 annexation referendums, within the last 9
referendums and as part of the structuring of an annexation referendum, 30 percent of the
area must be owned by registered electors. Their City found trusts ineligible for inclusion
into the registered elector count in that trustees manage the property but are not registered
electors. Attorney Torpey restated his disagreement with the City Planner's methodology
and requested that the Council not approve the ordinance. He stated that he did not
believe that the City met the requirement for the type of annexation sought. Mr. Peetz
expressed his confidence with the data he presented. Attorney Buak expressed that City
staff had its percentage requirement. Mr. Peetz replied to Mayor Pro Tem Hoog that his
data was more accurate than the data taken from the web site. Mr. Peetz stated that he
counted 33.25 percent with the trust properties and 29.74 percent without the trust
properties with a little less than one - quarter acre needed on the acreage count.
Attorney Buak noted that the registered electors count was done in April and updated data
would be confirmed during the town hall meeting process. Attorney Buak stated to Mayor
Pro Tem Hoog that in order to approve the ordinance at this meeting, 50 percent consent
of the registered voters is not needed. Attorney Buak stated that the issue at this time is
that 33 percent has been established. Attorney Buak replied to Mayor Pro Tem Hoog that
33 percent stated in his opinion included the trusts. Mayor Randels concluded that 1) 2.78
acres were added to the 29.74 to conclude a 33 percent amount and 2) the City is working
Coe from a voter registration list that was last updated in April 2004. Mayor Randels read a
reply from the Attorney of Seminole County in that he had not had time to research the 1
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City Council Regular Meeting
August 17, 2004
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j data provided to Attorney Torpey. Mr. Treverton stated that the powers of a trustee are
i convincing evidence that these trustees should be counted.
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Mr. John Emmick of 124 Jefferson Avenue suggested that 1) the registered electors data
' should be conclusive up to the date of the Voter Registration Book closing, and 2)
verification that a person lives at the property is needed for a homestead exemption if that
property is held in trust. Mr. Emmick said that non - residents who have temporary domicile
I in Florida and have a trust are not allowed to vote. Mayor Randels affirmed for Ms. Lois
Palmer of Long Point Road that Cape Canaveral's registered voters would be allowed to
vote. Mr. Clyde Eichelberg of Adams Avenue asked why the City is pursuing the matter
prior to demonstrating the benefits of annexation to the residents of both communities. Mr.
Boucher replied that town meetings are forthcoming with data that shows not only a
decreased tax rate to the Avon -by- the-Sea residents but also where tax dollars are spent.
Attorney Torpey stated that he made a public records request from the City regarding any
surveys done to pursue annexation and none were found. Attorney Torpey suggested a
letter to solicit property owner interest in annexation. Mayor Randels replied to Attomey
Torpey and Attorney Buak agreed that the City followed the requirements of the law in
using the 30 percent methodology. Mayor Pro Tem Hoog replied to Attorney Torpey that
the County is in favor of annexation in order to decrease enclaves and this would give the
voters an opportunity to decide on the issue. Mr. Jack Allen questioned the possibility of a
J judge quashing the referendum from the ballot two weeks prior to election if the
methodology is not followed. Mayor Randels replied that an answer to his question would
be speculative in that the data submitted is not conclusive until near the time of the
referendum. Mr. Peetz replied to Mr. Treverton that his firm used a six -digit number to
calculate percentages whereas Attorney Torpey's staff used a two -digit number.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to
Adopt Ordinance No. 14-2004; Annexation of the Avon -By- The -Sea Area, 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,
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For.
1 ORDINANCES: First Public Hearing:
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5. Motion to Approve: Ordinance No 16 -2004; Amending Chapter 102, Entitled
Vegetation; Providing for the Adoption of the Florida Noxious Weed and
Invasive Plant List, at first reading.
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Mayor Randels read Ordinance No 16 -2004 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 102, ENTITLED VEGETATION; PROVIDING FOR THE ADOPTION OF THE
3 FLORIDA NOXIOUS WEED AND INVASIVE PLANT UST; PROVIDING FOR THE
1 , C PROHIBITION OF PLANTING ANY SPECIES FROM THE NOXIOUS WEED AND
INVASIVE PLANT LIST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
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City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 6 of 9
1 Coe ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Attorney Buak replied to Mayor Randels that Brazilian Peppers were added to the
prohibited plant list for consistence with the State guideline. He also noted on Page 7 of 9
that the Australian pine was listed as a terrestrial weed. Attorney Buak explained that the
City could adopt its own regulatory list if it is consistent with the list found in State statutes
Chapter 581. Mr. Leo Nicholas informed that one type of Austrian pine propagates by the
root and that other by seeds. He requested to have the list referred back to the
Beautification Board for review. Council agreed to forward Ordinance No. 16 -2004
back to the Beautification Board for further review.
6. Motion to Approve: Ordinance No. 17 -2004; Amending Chapter 26, Elections;
Exempting the City from the Provisions of Section 101.657, Florida Statutes,
Regarding Early Voting by Creating a New Section 26-5 Entitled "Early Voting
Exemption ", at first reading.
Mayor Randels read Ordinance No. 17 -2004 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE
CITY OF CAPE CANAVERAL CODE OF ORDINANCES, CHAPTER 26, ELECTIONS;
EXEMPTING THE CITY FROM THE PROVISION OF SECTION 101.657, FLORIDA
STATUTES, REGARDING EARLY VOTING BY CREATING A NEW SECTION 26-5
ENTITLED "EARLY VOTING EXEMPTION;" PROVIDING FOR THE REPEAL OF PRIOR
CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Attorney Buak explained that the Legislature has created a provision that would place an
inordinate burden on municipalities to provide early voting privileges. Cities could opt out
however and allow for voting at the five locations designated by the Supervisor of
Elections.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 17 -2004 at first 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
7. Motion to Approve: Ordinance No. 18-2004; Amending Chapter 2, Article V,
Entitled Finance; Establishing a New Section 2 -207, Entitled Personal
Property Control, at first reading.
Mayor Randels read Ordinance No 18 -2004 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 2, ARTICLE V OF THE CODE OF ORDINANCES, ENTITLED FINANCE;
ESTABLISHING A NEW SECTION 2-207, ENTITLED PERSONAL PROPERTY
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City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
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CONTROL; PROVIDING DEFINITIONS; PROVIDING FOR RECORD AND INVENTORY
CONTROL OF CITY-OWNED PERSONAL PROPERTY; PROVIDING FOR
SUPERVISION AND CONTROL OF PROPERTY; PROVIDING FOR GUIDELINES FOR
PROPERTY ACQUISITION AND DISPOSITION OF SURPLUS PROPERTY; PROVIDING
FOR VALUATION OF PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE.
Mayor Randels noted that this ordinance was one of the recommended procedures during
the annual Comprehensive Annual Financial Report. Ms. Bowers explained that in order to
make the GASB 34 standards transition more smoothly this ordinance would allow the
departments to maintain their assets for all property of $1,000 or Tess. Attorney Buak
stated that the Finance Department would obtain an annual list of any property for items
( valued at over $1,000. Ms. Bowers replied to Mr. Treverton that this ordinance outlines a
procedure to maintain and record the City's inventory. Mr. Gardulski stated that each
supervisor retains an equipment inventory.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 18 -2004 at first 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.
REPORTS:
1. City Manager
• Mr. Boucher thanked City staff for their exemplary performance during the hurricane
on Friday, August 13 All departments displayed their best efforts toward securing the
City's welfare. Mr. Boucher remarked that the Brevard County Emergency Operations
Center however did not provide timely data as done in previous instances.
• Mr. Boucher stated that Council received drafts of the City newsletter and reported that
Ms. McIntire would prepare the newsletter for distribution by Monday, August 23"
• Mr. Boucher reported that he, Mayor Pro Tem Hoog and Mayor Randels would attend the
Florida League of Cities Annual Conference from Wednesday through Saturday. He
mentioned that Financing Options is one of the League workshops.
• Mr. Boucher informed that he received the appraisal reports and a Level I
environmental report on the proposed public facility and suggested a workshop meeting
for discussion on the property at 7077 North Atlantic Avenue. Attorney Buak stated that
discussion on pricing is subject to Sunshine Law. Council decided to meet on Tuesday,
August 24 at 5: 00 P.M.
2. Staff
Sheriff's Office
• Lt. Barker related the decrease in the number of incident calls in the 400 Block of Tyler
Avenue. Mr. Shawn Schaffner thanked the Council and law enforcement for addressing
the situation.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
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Public Works Director
• Mr. Gardulski informed that reuse water would not be available during one phase of
reuse line construction. He replied to Mr. Hoog that the project should be completed on
time Mr. Morgan commented on dead sod within the City right-of-way on Lincoln Avenue
that needs to be addressed.
Building Official
• Mr. Morley reported on the school impact fees for facilities that would impact
development costs. He stated that developers are still required to pay their fees at the time
of Certificate of Occupancy. A developer would need to either: a) submit a permit or b)
submit a copy of a lawfully executed contract prior to August 24` for exemption.
City Treasurer
• No report.
City Clerk
• Ms. Stills informed that City Council candidate qualifying begins on Friday, August 20
at Noon and ends on September 3rd at Noon.
City Attorney
• No report.
AUDIENCE TO BE HEARD:
• Mr. Nicholas informed that someone has attempted to poison the peacock population
and requested that that the City contact parties interested in adopting some of the peafowl.
3. City Council
Mr. Miller
• Mr. Miller inquired about the model Space Shuttle. Mr. Boucher replied that the project is
on hold at this time due to other priorities.
Mr. Morgan
• Mr. Morgan expressed the desire to continue to use the funding from St. Johns Water
Management District to retrofit additional areas in order to alleviate flood problems.
Mr. Boucher replied that most of the funding is being allocated to the baffle boxes at this
time. Mayor Pro Tem Hoog provided comments on using a cistem.
Mr. Treverton
• No report.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog anticipated bringing information back from the Annual Florida
League of Cities Conference.
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City Council Regular Meeting
August 17, 2004
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Mayor Randels
ce • Mayor Randels informed that he has been working with several properties on a traffic
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light on North Atlantic Avenue across from the AJT office building and Purcell's carpets.
Mr. Boucher replied that Mr. Dobson might want to present concept plans to the Planning
and Zoning Board i
• Mayor Randels informed that the City would hear from Leadership Brevard on a
community concept plan that relates to "smart growth." Mr. Boucher replied that the funding
is in the Legislative Budget.
• Mayor Randels related that the Department of State has asked the City to critique their
Welcome Packet due to the City's success with information for the Portuguese visit
• Mayor Randels announced that he and the City Manager had a successful telephone
conference call with an aircraft engine manufacturer from Portugal to relocate its firm to
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the Brevard County area. Mr. Boucher informed that the Economic Development
Commission would follow through and provide the company further information regarding
the Brevard County area.
• Mayor Randels suggested adoption of a more defined noise ordinance that would rate
noise decibels. Mr. Boucher replied that the Code Enforcement Officer uses a reasonable t
test. Mr. Donald Dunn related that he found the noise constant Mr. Harold Fletcher of I
Canaveral Sands related how t circulation pumps that operate continuously are the main
problem. Mr. Boucher recommended submitting the issue to the Code Enforcement Board.
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ADJOURNMENT: t
There be er business the meeting adjourned at 9:55 P.M. 1
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