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HomeMy WebLinkAboutMinutes 10-19-2004 Regular 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 19, 2004 T :00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Rocky Randels Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Council Member Richard Treverton Others Present; } cite City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Recreation Director Nancy Hanson Building Official Todd Morley CONSENT AGNDA: 1. City Council Regular Meeting Minutes of October 5, 2004. 2. Special City Council Meeting Minutes of September 20, 2004 and September 29, 2004 (Budget Hearings). 3. Emergency City Council Meeting Minutes of September 1, 2004 and September 7, 2004. 4. Proclamation for National Epilepsy Awareness Month. 5. Resolution No. 2004 -33; Reappointing Three Regular Members and One Alternate Member to the Beautification Board (J. Hale, E. Mars, C. Flanagan and T. Garboski). City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page 2 of 9 '`,! C 6. Canceling he Tuesday, November 2, 2004 City Council Meeting Due to the g y ty General Election and Scheduling a Special Meeting to Certify the Election Results on November 4, 2004. 7. Outdoor Entertainment Permit for the Halloween Street Dance. 8. Outdoor Entertainment Permit for the Traveling Skate Park. 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 Consent Agenda Item for discussion. The Consent Agenda 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. 1 CONSIDERATION: 9. Motion to Approve: City Planner Contract Services with Todd Peetz, Miller Legg & Associates, Inc. i C Mr. Peter Gottfried introduced himself as a representative of Miller Legg & Associates, Inc. on behalf of Mr. Todd Peetz, City Planner. Council expressed that they were impressed with Mr. Peetz' work and desired to retain his services. Mayor Randels clarified that Mr. Peetz would work as the primary consultant for the City's planning services. Mr. Gottfried expressed that Miller Legg provides full- service planning. Mr. Boucher stated that the contract would continue until one of the parties chose to terminate. Mayor Randels read the contract duration as providing for 30 -days notice of termination. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the City Planner Contract Services with Todd Peetz, Miller Legg & Associates, Inc. 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: lnterlocal Agreement with Brevard County for Participation in the Educational Facilities Impact Fee Program. Discussion brought out if the City does not approve the Agreement, it would be responsible for the funding in its School district. Mr. Boucher clarified that the proposed benefits District does not include Merritt Island or Cocoa, but the beach areas and west to the Pineda Causeway. lispe A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve the Interlocal Agreement with Brevard County for Participation in the Educational Facilities Impact Fee Program. The vote on the motion carried 5-0 with E i i City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page 3 of 9 I voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. 11. Motion to Approve: City Manager's Evaluation. Mayor Randels explained the City Manager's Evaluation process to the audience as a rating of 1 to 5 in nine performance measurement categories. He stated that Mr. Boucher's ranking scores rated in the 4 to 5 level. Discussion expressed favor in the City Manager's handling of emergency situations, the annexation process and addressing controversial issues. Mayor Randels expressed the Council's confidence in Mr. Boucher's performance. Discussion continued on a merit increase for Mr. Boucher. Mr. Boucher thanked Council for their feedback and stated that pay for performance would be the basis for Council's decision on a merit increase. Council directed Mr. Boucher to provide the requested salary range information from his previous year's evaluation. A motion to Table the City Manager's Monetary Increase was made by Mayor Randels and seconded by Mr. Morgan Until Thursday, November 4 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. RESOLUTIONS: i NW 12. Motion to Adopt Resolution No 2004-38; Authorizing a Five -Year Extension to the Garbage Collection and Recycling Services Agreement with Waste Management, Inc. of Florida. I Mayor Randels read Resolution No 2004 -38 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA; AUTHORIZING A FIVE -YEAR EXTENSION TO THE GARBAGE COLLECTION AND RECYCLING SERVICES AGREEEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels reviewed some of the contract changes to include eliminating holiday pick- ups. Mayor Randels also pointed out the inclusion of the non - exclusive right for roll off containers. Mayor Randels noted that rates in the 1989 Western Waste contract were significantly higher. He explained the successive decreases in that the rates for wages and Worker's Compensation are now spread over three employees. He stated that Waste Management hopes to automate the process in the future in order to prevent Worker's Compensation injuries. Mayor Pro Tem Hoog asked about recycling of tin cans. Mayor Randels replied that tin cans could be considered under the "Other" classification. Attorney Garganese explained that the contract provides for a definition of Recyclable Materials in Section 2.30. Mayor Randels re -read the section to include a definition for tin cans. Mayor i Randels explained the benefit of avoiding dumping the recyclables in the landfill. He also stated that Waste Management would provide for removing solid waste as part of i proactive Code Enforcement. 1 t 1 City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page4of9 Cle Mr. Boucher replied to Mr. Nicholas that Waste Management is required to pick up twice per week but there would be no more holiday pickups. Mr. Nicholas asked about the new carts. Mayor Randels affirmed that the carts extend from the passenger side of the tracks. Mr. Kenny Rivera of Waste Management noted that the cart trucks perform a by -pass route similar to that of the recycle trucks. Mr. Boucher replied that there is a non- conforming provision in the contract to accommodate places such as Atlantic Gardens where the trash receptacles are sunken -in. Mr. Rivera replied to Mr. Nicholas that the truck width is the same. Mr. Boucher replied to Mr. Nicholas that the contract expired on September 30, 2004. Mr. Nicholas asked if the contract renewal dates are applied concurrently or successively. Discussion clarified that the contract renewal dates would succeed one another. Mr. Clyde Eichelberg asked about the City code for fencing around large dumpster containers. Mayor Randels replied that the Beautification Board had recommended code regulations regarding dumpster enclosures. Mr. Eichelberg also asked if a list of allowed recyclables could be added to the City newsletter. Mayor Randels concluded that recycling is a benefit in that it keeps the quantity lower that results in lower solid waste costs. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Adopt Resolution No. 2004 -38; Authorizing a Five -Year Extension to the Garbage Collection and Recycling Services Agreement with Waste Management, Inc. of Florida. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr Miller, For Mr. Morgan, For; Mayor Rarxiels, For and Mr. Treverton, For 13. Motion to Adopt Resolution No 2004 -39; Revising the Adopted Schedule of Fees for the Collection and Disposal of Solid Waste, in Accordance with the Solid Waste Franchise Agreement Between the City of Cape Canaveral and Waste Management, Inc. of Florida. Mayor Randels read Resolution No 2004 -39 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING THE ADOPTED SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOUD WASTE, IN ACCORDANCE WITH THE SOUD WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels requested that the City Manager read the fee rates. There was no additional comment. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Resolution asp- No. 2004 -39; Revising the Adopted Schedule of Fees for the Collection and Disposal r.. of Solid Waste. The vote on the motion carried 5-0 with voting as follows: Mayor Pro f 3 City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page5of9 Tem Hoog, For Mr. Miller, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. 14. Motion to Adopt Resolution No 2004 -40; Amending the Legal Services Agreement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO ITS CONTINUING AGREEMENT FOR LEGAL SERVICES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Garganese explained that since his return two years ago as the City's legal counsel, the firm's rates have remained at $100 per hour for non - litigation and $115 for litigation. However, since that time rates have increased throughout the County and he submitted a rate comparison sheet to the Council. He reviewed some of his firm's accomplishments since returning to service that have provided substantial benefits to the City. He stated some examples as the ordinances on Fireworks, Slot Machines, and Adult Entertainment and also drafting a vested rights ordinance that was subsequently used, establishing quasi-judicial safeguards, professional services agreements and rules of procedure for quasi-judicial Boards. Attorney Garganese stated that he is a Board Certified Municipal Attorney of the 155 attomey's that are Board Certified in the State, and of the s , nine in the Orlando and Brevard County area, four work at the firm. Discussion followed on legal counsel's service and Council considered $130 as an hourly rate and $150 for litigation fees. Attorney Garganese thanked the Council for the opportunity to serve and stated that the hourly rates were acceptable. Council agreed on an hourly rate of $130 and a litigation fee of $150. Attorney Garganese stated that the Paralegal rate would remain at $55. Ms. Shannon Roberts expressed that the increase was perceptually substantial and hoped that this would neither set a precedent for future increases nor have an adverse affect on the City's employees. Ms. Andrea Schaffner asked if the City budget could afford the rates in light of potential litigation due to the annexation. Mr. Boucher replied that the City's Insurance Carrier also provides legal services. Attorney Garganese replied to Mr. Donald Dunne that the City of Cocoa pays $100 per hour and $110 for litigation services rates, however, there are 30 litigation cases pending in the City of Cocoa. A motion was made by Mr. Miller and seconded by Mr. Treverton to Adopt { Resolution No 200440; Amending the Legal Services Agreement 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 An amendment to the main motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Set $130 at the Hourly Rate and $150 for litigation Related Legal Services and $55 for the Paralegal Costs in Section 3.0 of the Legal Services mie Agreement The vote on the motion carried 5-0 with voting as follows: Mayor Pro { City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page 6 of 9 Tem Hoog, For Mr. Miller, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 15. Motion to Approve: Ordinance No. 20 -2004; Amending Code Section 2 -171 Entitled Boards, Committees, Commissions; Providing for the Appointment of Ex- Officio Members to City Boards and Committees, at first reading. Mayor Randels read Ordinance No 20 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 2 -171 ENTITLED BOARDS, COMMITTEES, COMMISSION; PROVIDING FOR THE APPOINTMENT OF EX- OFFICIO MEMBERS TO CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABIUTY AND AN EFFECTIVE DATE. Attorney Garganese explained that this Ordinance provides for a past practice of allowing a Planning and Zoning Board member to serve as an Ex -Officio member. He stated that historically the Planning and Zoning Board Chairperson served in that capacity. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Ordinance No 20 -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 16. Motion to Approve: Ordinance No 21- 2004;Amending Code Chapter 54 Entitled Parks and Recreation; Providing for Revised Park Operating Hours, at first reading. Mayor Randels read Ordinance No 21 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE CHAPTER 54 ENTITLED PARKS AND RECREATION; } PROVIDING FOR REVISED PARK OPERATING HOURS RELATING TO MANATEE SANCTUARY PARK; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels pointed out that the Recreation Director had suggested at a previous meeting that the Manatee Sanctuary Park hours accommodate seasonal use. The City Attorney drafted language to make a provision for that regulation. Mayor Randels replied to Mr. Donald Dunne that the park would open at 7 A.M. in the morning. Ms. Hanson affirmed that the park is gated. Council's discussion clarified that the park is dosed 45 minutes after sunset until 7 AM. the following morning Mayor Randels pointed out that all it other parks are closed from 9 P.M. to7 A.M. J City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page7of9 rirsol A motion was made by Mr Morgan and seconded Mr Miller by to Approve Ordinance No. 21 -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 17. Motion to Approve: Ordinance No 22-2004; Amending Chapter 62 Entitled Solid Waste, Relating to the Immediate and Continuing Need for Collection and Disposal of Bulk Trash, Refuse, Vegetative Waste, and Recyclable Materials from the City of Cape Canaveral, at first reading. Mayor Randels read Ordinance No 22-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE, ENTITLED SOLID WASTE, RELATING TO THE IMMEDIATE AND CONTINUING NEED FOR COLLECTION AND DISPOSAL OF BULK TRASH, REFUSE, VEGETATIVE WASTE AND RECYCLABLE MATERIALS FROM THE CITY OF CAPE CANAVRAL; PROVIDING FOR CLARIFICATIONS TO THE CONDITIONS IMPOSED UPON RESIDENTIAL PROPERTIES FOR SOLID WASTE COLLECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese recommended adding tin cans to the classification list of recyclable materials. Ms. Shannon Roberts asked if debris from the dunes area could be included in vegetative materials. Mr. Morgan explained that some debris falls west of the construction control line and said that whatever washes ashore onto residential property could become vegetative debris. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Approve Ordinance No 22 -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 DISCUSSION: 18. Legislative Priorities for the Year 2005. Mr. Boucher stated that Annexation Reform and statewide sale of fireworks were two } Legislative priorities. Mayor Pro Tem Hoog said that Gaming Ships dumping solid waste within the three -mile limit was also a concern. He also pointed out that subjecting municipal Comprehensive Plan amendments to a vote by the Brevard County Commission and preempting sales tax from E -Bay sales were also two concerns. Mayor Randels concluded that Council needed to decide on a third area of concern for the Legislative Priorities list. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page 8 of 9 Ce REPORTS: 1. City Manager • Mr. Boucher encouraged Council to review the Quarterly reports from the various City departments. The Budding Department and Sheriff's Office reports reflect activity. • Mr. Boucher also encouraged Council to review the Special Edition of the City newsletter regarding Annexation. • Mr. Boucher announced that the final Annexation Town Meeting would be held on Thursday, October 28 at 7 P.M. at the Cape Canaveral Library. • Mr. Boucher reported that he received the final registered voter count in the Avon by the Sea area at 43 percent regarding the Annexation. Attomey Garganese stated that he is working to introduce this new information into the Litigation Court records. • Mr. Boucher also reported that the Public Works Director would attend a meeting at the Emergency Operations Center in Rockledge on Wednesday, October 20 to review the Florida Department of Environmental Protection beach permitting regulations in light of anticipated beach re- nourishment. The Army Corps of Engineers would also attend. He also stated that he would affirm the City's participation in the beach debris removal project with the FEMA contractors. • Mr. Boucher stated that he planned to attend the Canaveral Port Authority meeting regarding anticipated development of the tITF property. Mr. Boucher stressed the need for collaboration between the City and the Port prior to project planning. 2. Staff (10 Public Works Director • Mr. Gardulski reported on a natural gas line rupture on Thurm Blvd. and noted that the situation was expeditiously handled. City Attomey • Attorney Garganese stated that legal counsel planned to reply to the Writ of Certeriori on the Burgett complaint regarding the Annexation issue. AUDIENCE TO BE HEARD: { • Mr. Donald Dunne commended the City on the hurricane cleanup. • Ms. Shannon Roberts asked if there is any plan for dune re- nourishment? Mayor Randels explained that the Department of Environmental Protection controls the dune area and anticipated repair would take considerable time. • Ms. Roberts also asked about the status of the proposed walkway along the North Atlantic corridor. Mr. Boucher replied that the communication line burial is in progress and the project would continue as the third party contractors complete their projects. 1 City Council Mr. Miner • No report. Mr. Morgan • No report. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page 9 of 9 Co, Mr. Treverton • No report. Mayor Pro Tem Hoog • No report. Mayor Randels. • Mayor Randels thanked Mayor Pro Tem Hoog for representing the City at a recent City/ t County/ State/ School Board Summit. Mayor Pro Tem Hoog replied that the Summit was postponed until a later time. • Mayor Randels requested clarification from the City Manager on the work toward the second round of debris removal Mr. Boucher replied that the County is administering that project. • Mayor Randels pointed out that the formal announcement of proposed Annexation Referendum advertisement was published in today's media. • Mayor Randels recognized and thanked the City Manager for his preparation and Power Point presentation of Annexation. • Mayor Randels thanked the City Manager for assembling the recent articles in Florida Today on new homes and Annexation with Norman Moody, Florida Today reporter. • Mayor Randels announced that the Department of Agriculture Consumer Services named Cape Canaveral a Tree City for another year • Mayor Randels announced that the City of Cape Canaveral would hold the 1' Annual Pumpkin Spooktacular. Cape View students would carve pumpkins to be placed on lighted display at the Ron Jon Cape Caribe Resort, The Resort will sponsor the event. Pumpkins arrive on October 25' carving takes place on October 2e, pick-up is scheduled for October 27 and the event dates are October 29 and 30th at the Resort. • Mayor Randels announced that the draft Sample Ballots of the General Election were available. • Mayor Randels presented and distributed the September issue of our Sister City Vila do Bispo, Sagres magazine that contained a large article and photos of the Portuguese official's visit. ADJOURNMENT: a There- the meeting adjourned at 9:30 P.M. .... no ' At4i E t , ''. 14. , 4. f — i' %,.11„01, t (C--EP C■VAV Y N ^_ F Rocky Randels, MAYOR e 4 dici6 Su fs, tit o g i3 O0 -01,416,71.E: