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HomeMy WebLinkAboutMinutes 01-07-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 1 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 7, 2003 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Robert Hoog Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney (00, Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director Todd Morley, Acting Building Official Chief Dave Sargeant, CCVFD CONSENT AGENDA: Mayor Randels asked if any Council member, staff member or interested party desired to remove the item from the consent agenda for discussion. No request was made to remove the item. 1. City Council Regular Meeting Minutes of December 17, 2002. A motion was made by Mr. Hoog and seconded Mayor Pro Tem Petsos to approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For 1 1 City of Cape Canaveral, Florida 1 City Council Regular Meeting January 7, 2003 Page 2 ' c CONSIDERATIONS: 2. Motion to Adopt Resolution No 2002 -50; Appointing an Alternate Member to the Code Enforcement Board. (L. Holfve) Mayor Randels asked if any Council member had questions on the information provided by the City Attorney. Mr. Morgan commented that there should be consistency in applying a requirement to all City boards. Mayor Pro Tem Petsos pointed out that the City Attorney's recommendation is for all City board members to be registered voters. Mr. Treverton stated his agreement with Mr. Morgan in that consistency is necessary in the requirement for all boards. He pointed out that on some boards residency is the requirement and on other boards the requirement is voter registration. Mr. Treverton commended Attorney Garganese on his research and summarized that the right to govem is the only right denied to aliens. He noted Mr. Holfve's stellar qualifications and said that he was in favor of removing the voter registration requirement for all the boards. He ended F by saying that he was also in favor of Mr. Holfve's application. Mr. Morgan stated that he did not choose to turn the applicant away however he asked to hear the viewpoint of other Council members. Mr. Hoog expressed his thought that all people in govemment should be registered voters. I Mayor Randels explained the background of the matter to the audience in that different , (be boards have different requirements relating to voter registration and residency. Mr. Holfve is not a U.S. citizen and he applied to participate on a City board. Mr. Hoog inquired if there were any liability to a citizen heard before the Board on which a non - citizen serves. Attorney Garganese stated that his recommendation is for consistently applied requirements. He related that the Courts have upheld the govemment's right to leave the government to the citizens and you could net exclude permanent resident aliens from certain public positions of trust. The decision would be a policy decision on Council's part. k k Mr. Hoog clarified that permanent residency did not make the person a citizen. Mayor Pro Tem Petos asked if there were any liability in appointing a non - citizen to a City board. Attorney Garganese replied that there was no legal liability. Mr. Treverton pointed p out the benefits versus the ramifications. He stated that the hazards seem minute I compared to the overall benefits and the Council has the right to remove any member that is disruptive to a board. Mr. Morgan reiterated that the requirement needs clarification prior to future actions. Mayor Pro Tem Petsos reminded that the Council also has the right to interview board members prior to appointment. Mayor Randels stated that at this point the $ I I applicant meets the qualifications and should be appointed. Mr. Gene Petre asked what is the legislative process to make the changes to the requirement. Attorney Garganese responded that the City Council would request an ordinance with two public hearings. 1 Attorney Garganese read what is required to serve on each of the nine City boards. He t stated that registered voter and residency are two different issues in that one could be a resident and a non - citizen. He said that in order to be a registered voter you must be a 1 citizen of the United States pursuant to the Florida constitution. He related that Florida Law t (..c requires citizenship of police officers and the U.S. Supreme Court upheld citizenship for public school teachers in some jurisdictions. t 1 I 1 t f i 1 i City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 3 , (w . Attorney Garganese said that it is within the discretionary power of the Council to impose requirements on its local boards. Ms. Debbie Allen, of the Villages of Seaport, asked which two boards require voter registration? Attorney Garganese replied the Beautification Board and the Planning and Zoning Board. Mr. Leo Nicholas stated that the residency requirement appeared to weigh more heavily than voter registration on the current board requirements and he expressed his trepidation in appointing a non - citizen to a board. He noted the requirement for police officers and questioned is not a quasi-judicial board a form of law enforcement? Mr. Gene Petre stated that in this point in time in our country the citizenship, residency and voter registry should be considered to serve on the City boards. Mayor Pro Tem Petsos pointed out a caveat in the Attorney General's opinion in that there is only a residency requirement and not a citizenship requirement on Code Enforcement Board members. Mayor Randels clarified that Chapter 162 does not authorize a City Council to alter, which means to add, to modify or deviate, from the terms of that chapter and that chapter only imposes a residency requirement not a citizenship requirement on Code Enforcement Board members. Mr. Boucher stated that the applicant would serve in an altemate capacity and prior to the applicant moving into regular membership he would come before the Council for approval by which time requirements would be in place. I Mayor Randels read Resolution No. 2002 -50 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ; (Ne APPOINTING ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 1 A motion was made by Mr. Treverton and seconded by Mr. Morgan to approve Resolution No. 2002 -50 to appoint an Alternate Member to the Code Enforcement Board, inserting the name Lars Holfve. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Attorney Garganese inquired if Council desired a draft ordinance amending the 3 residency or voter registration requirement. Council directed the City Attorney to draft a standard ordinance in order to designate language during discussion. I i ' 3. Motion to Approve: T-Shirt Sponsorship for the 18 Annual Trash Bash. I Mayor Randels explained that the City received a letter from Keep Brevard Beautiful asking if the City would contribute $300 toward a sponsorship for the Trash Bash clean up on April 19"'. The $300 would be used to purchase T -shirts and the City would be listed as a sponsor. The City would also receive one dozen T -shirts for City volunteers. 1 Mr. Morgan expressed that this is money well spent. Mayor Pro Tem Petsos expressed his concern with subsequent involvement with commercial organizations that might request sponsorship. However, he stated that this action falls in line with the City's C. previous participation in the event. Mayor Randels related how the City has benefited from Keep Brevard Beautiful efforts through 1,394 hours on the Adopt -A -Shore Program that is $10,594 at minimum wage; 233 volunteer hours on the Adopt A -Road Program. i I i 1 i City of Cape Canaveral, Florida City Council Regular Meeting F January 7, 2003 I Page 4 ; c Mayor Randels also related that Keep Brevard Beautiful administers the Brevard Correctional Institution [BCI] Program and the City has received 9,912 hours worth of service from the BCI that is $81,575 at minimum wage. The total benefit in return to the City is $94,290 from this volunteer organization. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to expend $300 in a sponsorship for T- shirts at the 18 Annual Keep Brevard Beautiful I Trash Bash. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, I For. I 4. Motion to Approve: Voting Delegate and Alternate Delegate to the Space Coast League of Cities. Mayor Randels nominated Mayor Pro Tem Buzz Petsos to serve as the Voting Delegate/Director and asked if any other Council member desired to serve on this committee. Bob Hoog expressed that he would like to serve as the Voting Delegate/Director. Mayor Randels amended his nomination to name Bob Hoog as the Voting Delegate/Director and Buzz Petsos as the Alternate Voting Delegate to the Space Coast League of Cities. 1 rime A motion was made by Mayor Randels and seconded by Mr. Treverton to approve Bob Hoog as the Voting Delegate and Buzz Petsos as the Alternate Delegate to the Space Coast League of Cities. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mayor Randels directed the City Clerk to forward the voting form to Ms. Nancy Glass, Secretary of the League. I ORDINANCES: First Public Hearinci: I 5. Motion to Adopt: Ordinance No. 01 -2003; Amending the City Code through the Adoption of a New Section 54-3 Entitled Fires Restricted, for second I reading. I Mayor Randels read Ordinance No 01 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE THROUGH THE ADOPTION OF A NEW SECTION 54-3; ENTITLED FIRES RESTRICTED; PROVIDING FOR THE RESTRICTION OF FIRES ON OR OVER THE BEACHES, PUBLIC PARKS AND PUBLIC RECREATIONAL LANDS IN THE CITY; 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. Mayor Randels provided background on the reason for this amendment in that groups have requested to construct bonfires on the beach and the Council considers this a public safety hazard. Mayor Pro Tem Petsos questioned Section 54-3; Open Fires Restricted i where the Attorney referenced container or device manufactured for cooking purposes and 1 I City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 I Page 5 1 1 1.- asked if a UL listing is necessary. Attorney Garganese replied that he would confer with t the Fire Chief for technical expertise on what to consider prior to the ordinance's second I reading. Mayor Randels restated the consensus of the Council to prohibit bonfires due to public safety. A motion was made by Mr. Morgan and seconded by Mr. Hoog to adopt Ordinance No. 01 -2003 for second reading. The motion carried 5 -0 with voting as follows: Mr. I Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and I Mr. Treverton, For. RESOLUTIONS: x t 6. Motion to Adopt: Resolution No 2003 -01; Approval of Final Re -Plat for Marbella Townhomes. I Mayor Randels read Resolution No 2003 -01 by title. i A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL. RE- PLAT OF "MARBELLA TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. There was no further discussion. i A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Final Re -Plat for Marbella Townhomes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: I 7. Stormwater Utility. i I I Mr. Boucher introduced Mr. Jeff Earhart for a presentation to show the Council the components to implement the stormwater utility. Mr. Earhart noted that this presentation would be more specific than past presentations. He opened with the program mission that included an overview of staff, permitting requirements, maintenance activities and cost- k sharing funds for grants. Mr. Earhart previewed preliminary budget requirements, the draft ordinance and the resolution that establishes the ERU. He defined the ERU as the t Equivalent Residential Unit that is based on 2,074 square of impervious area. Mr. Morgan inquired about the noted difference between mobile homes and trailer parks. Mr. Earhart stated that mobile homes were based on stand -alone structures. The impervious area was calculated using the property's appraiser's information. t Petsos inquired about billing to multi-family units. Mr. Earhart replied Mayor Pro Tem Pe q 9 Y t that billing is sent to a single address. Mr. Earhart reviewed the billing rate classes that t are based on a proportionate rate of dividing the ERU square footage into the total 1 I I ; 1 City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 6 impervious area at the site. Mr. Morgan asked if the rate class was modeled after any other city. Mr. Earhart affirmed and also stated that this rate lass was tailored to the types of parcels in the City. Mr. Morgan pointed out that some commercial buildings have large stormwater treatment areas already in place. Mr. Earhart proceeded to review mitigation credits in that water quality, rate that is the water flow, water quantify and administration costs comprise total mitigation. Mr. Earhart stated that a charge is set for administration on water even in a passive state. Mr. Treverton stated that there is the benefit of clean, treated water for those who have passive retention. Mr. Earhart replied to Mr. Treverton that the mitigation credit would apply to those who install stormwater retention in the future. Mr. Earhart reviewed the rate structure to implement the utility in other cities. He stated that no city uses Tess than $3.00 or more than $10.00 to implement rates. Mr. Treverton inquired about administrative costs and the possibility of hiring additional personnel to manage the utility. Ms. Bowers replied that personnel cost includes one additional staff person plus the cost of services from existing departments. Mayor Pro Tem Petsos stated that he would like to see a breakdown on the personnel costs, operating expenses and capital outlay. Mr. Boucher explained that he planned to recruit a professional person with enough expertise to mange the requirements in operating the utility. Mr. Earhart commented that grant funding could offset the cost of personnel services. Mayor Pro Tem Petsos stated that grant funding is minimal due to State budget constraints and restated his desire to see an expense breakdown in order to better inform the public. Mr. Earhart then reviewed the public information process and said that the Council would need to decide how to solicit public involvement. Mr. Earhart completed his presentation with the final steps toward enacting the ordinance and resolution. He opened the floor to any questions from the Council. Mayor Randels commented on the vigorous implementation plan timeframe and noted the need for more than one public meeting. Council members noted the importance of informing the citizens. Mayor Pro Tem Petsos inquired about including an additional late charge when one is already imposed with water and sewer billing. Mr. Earhart replied that whatever fee is paid is equaled about among the water and sewer bill. Ms. Shannon Roberts stated that most condominium owners have already prepared their budgets and this fee was unanticipated. She expressed that she did not understand the benefits of the utility and others would also need to recognize these benefits. Mr. Treverton replied that Ms. Roberts be given one of the information pamphlets. Mr. Boucher spoke on the time requirement in that the St. John's River Water Management District anticipated implementation in March of this year. Mayor Pro Tem Petsos replied that the mitigation credit might offset some of the condominiums fees and the condominiums could be reviewed on a case -by -case basis. Mr. Boucher stated that condominiums are the higher percentage of the billable customers and he would need to negotiate with St. John's on the actual billing time frame. Mayor Randels inquired if two months time was sufficient to inform the City's residents. Mr. Boucher replied that the specific breakdowns would assist with providing information. Mayor Pro Tem Petsos commented that Mr. Earhart had knowledge on each parcel and i City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 7 seemed able to handle questions from residents. Mr. Boucher stated that this is the first time the City would implement a utility. He confirmed that prior to the next Council meeting on January 21 he would review and refine the budget with staff and discussion would continue at the next Council meeting. He said that a mail out would proceed in the interim I and a Town Meeting is tentatively scheduled for the end of January. Mr. Treverton pointed out that Mr. Pekar, City Engineer, had many visual aids of the silting taking place at the outfalls and these visuals might be helpful during the Town Meeting. Mayor Randels summarized that this action evolved from a stormwater mandate imposed at the State ( level. Mr. Earhart replied that this was also driven by the City's need to obtain the National Pollutant Discharge Elimination System [NPDES] permitting and to comply with maximum daily loads. Mr. Boucher reported that the Florida Department of Environmental Protection (DEP) plans to designate the Indian River Lagoon a Class II body of water that means more stringent requirements. I Mr. Boucher stated that rates would need definition prior to the Town Meeting. Mr. Morgan asked if the fees could be begin with a lower base and accelerated as the program continues such as an amortized basis. He reasoned that this might be easier on the residents. Mr. Boucher replied that imposing the fee depends on how aggressive the Council chose to implement the utility. Mr. Boucher mentioned the baffle box installation through grant funding and said further that certain items were requirements through DEP permits. Mr. Treverton inquired if a baffle box would be constructed after the Solana-by- Co, the-River condominium construction. Mr. Boucher affirmed. Mr. Treverton asked if dredging were possible where the outfalls were silted. Mr. Gardulski replied that anything less than 25 yards required a permit for dredging. Ms. Allen asked when the flyers would be distributed. Mr. Boucher replied early in the upcoming week. Mayor Randels commented that there was only one notice for a large condominium. Mr. Earhart responded that the recipient of the water bill would receive the flyer. Mr. Boucher also replied that staff could do a supplemental mailing or distribute additional flyers to the condominium association. I Mayor Randels called on Chief Dave Sargeant to answer any questions on the previously discussed ordinance. Chief Sargeant addressed Ordinance No. 01 -2003, under Chapter 54 -3 regarding the language "any sources contained wholly within a container or device t manufactured for such purpose," needs more definitive language for enforcement. He requested that the City Attorney amend the language to read "as designated by the Fire Official." Chief Sargeant also pointed out as another thought that the Fourth of July occurs during turtle nesting season that occurs from May 1st through October 31st and the Council might want to consider this to implement a ban on fireworks. He stated that the existing ordinance requires no visible Lighting from the beach after 9 P.M. during turtle nesting season. Mayor Randels asked for the consensus of the Council. Council members agreed by majority that the City Attorney provide additional research on the verbiage for disallowing fireworks on the beach. f Cie i 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 8 REPORTS: 1. City Manager • Mr. Boucher introduced Todd Morley as Acting Building Official. He stated that Mr. Morley is a qualified Building Code Administrator. • Mr. Boucher reported on the City Attorney Request for Proposal and asked if the Council chose to interview with them at the next meeting or contact them individually. Mayor Randels replied that if there were any questions the Council could contact them individually. • Mr. Boucher reported that, as a result of the City Clerk's research with the Secretary of State's office, the City's anniversary is May 16, 1963. Mr. Boucher solicited input for ideas to celebrate throughout this year. • Mr. Boucher reported that he received feedback from United Space Alliance on the model shuttle. Ms. Shannon Roberts would assist with implementing the project. • Mr. Boucher spoke to the Cocoa Beach City Manager on the reuse resolution. Mayor Pro Tem Petsos asked if the proposed mediation would continue and requested a letter to that effect. • Mr. Boucher thanked the City Clerk for assisting in his absence. 2. Staff Public Works • No report. Building Official • No report. City Treasurer • No report. City Clerk • Ms. Stills encouraged the Council to take note of the City meeting calendars distributed by the Clerk's office. She commended Virginia Haas for her work. • Ms. Stills also encouraged the Council to read the City newsletter that the Clerk's office plans to publish every quarter and also commended Virginia Haas for her diligent work on this effort. City Attomey • No report. AUDIENCE: • Mr. Nicholas asked what precipitated that Proposal for City Attorney. Mr. (11; Boucher responded that this was a directive from the Council in that the City had City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 9 not gone out to bid in some time. Mr. Nicholas asked if any other professional services would be contemplated for the proposal process. Mr. Gene Pete expressed that both attomey's who submitted proposals should be asked the same questions at the same time. He stated that an open process would be fair to both parties. 3. City Council Mr. Morgan • Mr. Morgan inquired about the stormwater prototype. Mr. Boucher replied that staff is concentrating on the International Drive baffle box and the prototype concept would follow. • Mr. Morgan also inquired about the City's 2.47 interest on its investments. He expressed that this still seemed low and informed Ms. Bowers that he has contacts that could assist on this matter. • Mr. Morgan addressed the window permitting issue. He asked about the status of the window issue based on discussion with a contracting colleague. Mr. Boucher replied that the Acting Building Official would make a decision based on his research. Mr. Hoog • Mr. Hoog inquired about revenue & costs of the recycling program. Mayor C Randels replied that Waste Management supplies a report based on current sale. Mr. Boucher said that the price of the recyclable material fluctuates based on pricing and also stated that the City Treasurer would provide a report. Mr. Hoog stated that he would consider abolishing the charge. • Mr. Hoog inquired about the bridge. Mr. Boucher replied that the Cocoa Water Department would address this matter. Mr. Treverton • Mr. Treverton commended the Clerk's office on paper reduction. He inquired about the meeting minutes from the Boards and asked if minutes were being posted on time. Ms. Stills replied that all Board meeting minutes are posted after approval. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about Commerce Street repaving and requested that Public Works contact the City of Cocoa to address this matter. • Mayor Pro Tem Petsos requested that prospective Building Official applicants come before the Council before hiring. He commented that the position has seen three people over a few years' time. Mr. Boucher suggested an informal interview with the Council prior to a regularly scheduled meeting. City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 10 C ir, Mayor Randels • Mayor Randels commented on the low return of the City's investment percentages. • Mayor Randels stated that he was glad to see the City newsletter and displayed the City's of Rockledge's coverage in the local newspaper. • Mayor Randels reported that the Space Coast Area Transit has revised their schedules to an all - in-one format. • Mayor Randels displayed a pamphlet from the Central Florida Forestry on trees that grow in the area • Mayor Randels inquired about the status of continuing the Code Review. Mr. Boucher stated that the City Clerk has prepared what was done and distribution is forthcoming. Council will need to set a workshop date. • Mayor Randels asked the City Manager if the City would be included on the overhead sign. Mr. Boucher replied that the Public Works Director would negotiate with the Port based on an in -kind service. Mayor Randels replied to Ms. Roberts that the larger city, Cocoa Beach, was picked for display on the sign. • Mayor Randels inquired if the sewer construction force main for Oak Lane and asked if assessment was forthcoming. Staff will supply minutes on the action taken. • Mayor Randels inquired about the basketball court. Mr. Boucher replied that Ms. Hanson would proceed with this project upon returning from vacation. • Mayor Randels inquired about the beach - end landscaping project? Mr. Boucher 1 C ie replied that the notice to proceed went to the contractor. Mayor Pro Tem Petsos expressed to delay planting g until March in light of the cold weather. • Mayor Randels reported that he had met with residents from Ocean Woods to discuss beach end clearing between that area and Ocean Oaks. He suggested this location for the stormwater retention prototype concept. Mr. Boucher replied that the City Engineers could initiate a design. • Mayor Randels inquired about the traffic ticket audit. Ms. Bowers replied that at this time she did not think the Sheriffs Office had received any new information. • Mayor Randels inquired about the survey on reclaimed water. Mr. Boucher i replied that a meeting would be held between the consultant and staff on the results of their revised report. A few issues remain to discuss prior to Council's review. 1 ADJOURNMET:,,� The, •,y" • tsiness the Chair adjourned the meeting at 9:45 P.M. <Q 'e n i W ,, � " '� '' % R :,', ocky Rande .,- i Susan! it w , .7...,- ' 1 Coe 4 ' ''‘V...,.. i r i 1 h 4