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HomeMy WebLinkAboutMinutes 05-20-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 20, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Council Member Bob Hoog Council Member Jim Morgan Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Public Works Director Ed Gardulski Assistant Fire Chief John Cunningham, CCVFD PRESENTATIONS: Governor's Municipal Mentoring Program Mayor Pro Tem Petsos presented Apple Volunteer certificates to those who participated in the Governor's Municipal Mentoring Program during the 2002/ 2003 school year Mayor Pro Tem Petsos announced the Summer Reading Program and encouraged the audience to participate in mentoring at Cape View Elementary School. Summer Teen Program Deputy Jacqueline Hearon introduced herself to the Council and proceeded to introduce a C oe new program for teens. The program originated from City Manager Bennett Boucher, as r4 City of Cape Canaveral, Florida { City Council Regular Meeting May 20, 2003 Page 2 part of our Community Policing program. Deputy Hearon related that 20 children between the ages of 14 and 17 have showed an interest in the program. Points are awarded for attending and incentives would be used to encourage further participation. Deputy Hearon outlined some of the activities and fundraising events. Mayor Randels summarized that the Sheriff's Office is requesting a $2,500 sponsorship for the program. Mayor Pro Tem Petsos commented on the program and found it a win -win opportunity for the teens and the City. He expressed that the Kiwanis Club has chosen to continue the program on a year -round basis. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve a $2,500 Sponsorship for the Teens of Canaveral Summer Camp in the City of Cape Canaveral. 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. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 6, 2003. 2. Resolution No. 2003 -17: Appointing A Regular Member and Two Altemate Members to the Library Board. (Jean Deck, Regular Member; Harry Pearson, 1 Alternate Member; and Mary Ernst, 2 Altemate Member) 3. Resolution No. 2003 -18; Appointing An Alternate Member to the Recreation Board. (Gene Petre) 4. Outdoor Entertainment Permit, VFW Post 10131. 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 an item for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Items 1 through 4 on the Consent Agenda. 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. CONSIDERATIONS: 5. Motion to Approve: Request for Proposal No. 03 -02; Concrete Construction Services. Mayor Randels outlined the scope of the bid and reported J & S Curb and Concrete as the low bidder for the unit price work. Mr. Gardulski replied to Mr. Treverton's concern about City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 3 C y ' the few number of bids, that increased local construction might have been a reason that only two bids were submitted. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Award Request for Proposal No. 03 -02; Concrete Construction Services to J & S Curb and Concrete. 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. 6. Motion to Approve: Change Order to Vila & Son for Beach End Irrigation. Mayor Randels explained that this item was funded from the Beautification budget through private funds from Mr. William Bennix. Mr. Treverton asked if the company was qualified to perform the type of work required. Mr. Gardulski affirmed that the company had past experience at installing two -inch lines. Mayor Pro Tem Petsos expressed concern with the company performing directional boring and he also asked if this would allow adjacent properties to access service. Mayor Randels summarized that the City should research who has paid to date in the area up to this point and allow them access to service. Mr. Hans Saurenmann expressed his opposition to any beautification on the dunes. He stated that once changes begin the City would continue to make changes in the proposed area. Ms. Mary MacKenzie asked why the City does not use the potable water truck to irrigate the dunes. Mr. Gardulski replied that a low -lying irrigation and not a sprinkler system would be used. Mr. Morgan clarified that the intention is not to irrigate the dunes but the adjacent trees within the 10 foot area. Mr. Saurenmann asked if a provision of 10- feet could be included in the motion. Mayor Pro Tem Petsos stated that he would not agree with the 10 -foot provision due to the possibility of additional landscaping. Mr. Nicholas stated that the Florida Department of Environmental Protection does not permit irrigation on the dunes. The included beach -ends in the project are Washington Avenue to Johnson Avenue along Ridgewood Avenue. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve a Change Order to Vila & Son for Beach End Irrigation. 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. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 13 -2003; Providing for the Permitting and Regulation of Alarm Systems. Mayor Randels read Ordinance No. 13 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE PERMITTING AND REGULATION OF ALARM SYSTEMS; PROVIDING City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 4 FOR FINDINGS OF FACT CONCERNING FALSE ALARMS AND THEIR DETRIMENTAL EFFECT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING A SCHEDULE OF FEES; PROVIDING FOR A PENALTY FOR VIOLATIONS; 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. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 13 -2003. 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. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 14 -2003; Amending Section 42 -26 of the Code Relating to the Duties of the Chief of Police, for second reading. Mayor Randels read Ordinance No. 14 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 42 -26 OF THE CAPE CANAVERAL CODE RELATING TO DUTIES OF Cre CHIEF OF POLICE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Ordinance No. 14 -2003. 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. 9. Motion to Approve: Ordinance No. 15 -2003; Amending Chapter 38 of the Code Relating to Fire Protection Services, for second reading. Mayor Randels read Ordinance No. 15 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO FIRE PROTECTION SERVICES; 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. City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 5 Mayor Randels stated that this ordinance clarifies language relating to the Cape Canaveral Volunteer Fire Department. Mr. Gene Petre asked if this would preclude the City having its own Fire Department. Attorney Garganese stated that a referendum from the electorate } would be needed to change the contract. Mr. Hans Saurenmann of 349 Coral Drive asked if the Fire Department is a profit or not - for - profit organization and he also asked to know its officers and owners. He stated that citizens have no input regarding the Fire Department administration. Assistant Fire Chief John Cunningham replied that the Fire Department is a 501(c)(3) Corporation and the documents are open for review at 190 Jackson Avenue, Cape Canaveral. Mr. Saurenmann requested to have the Articles of Incorporation within City Hall. Attorney Garganese stated that Mr. Saurenmann could make a public records request from the City Clerk. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Ordinance No. 15 -2003. 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. 10. Motion to Approve: Ordinance No. 16 -2003; Amending Chapter 18 of the Code; Providing For Civil Emergency Powers And Measures, for second reading. Mayor Randels read Ordinance No. 16 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES; PROVIDING FOR CML EMERGENCY POWERS AND MEASURE; PROVIDING FOR THE DURATION AND TERMINATION OF A DELCARED STATE OF EMERGENCY; PROVIDING FOR THE PROHIBITION AGAINST UNCONSCIONABLE PRICES DURING A DECLARED EMERGENCY; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCE AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the ordinance would make a provision for the City Council to declare a civil emergency by resolution as a collective body. "$ There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Ordinance No. 16 -2003. 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. Mr. Hans Saurenmann noted that the Audience To Be Heard portion was not included on the agenda and requested a segment for Public Comment. City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 6 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to include Public Comment to the Agenda. 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 AUDIENCE TO BE HEARD: Ms. Mary MacKenzie a member of the Space Coast Feline Network stated that the Humane Society contacted her to request that the feral cats in the beach end of Polk Avenue be removed. She related that successes of the Trapping, Neutering and Releasing [TNR] Program and she expressed that there is no place to re- locate the feral cats. Mr. Frank Kizis expressed that the Florida Fish and Game and Wildlife Commission is proposing an aggressive program to spay and neuter feral cats. He stated that the Cruise Line Industry causes comparatively more pollution on the beaches in opposition to feral cats. He stated that it is human beings and not the cats that are creating problems. Mayor Randels summarized that the person responsible for the cat colony provides food, vaccinations and medical care. Ms. MacKenzie related that a rabies shot is good for three years. Ms. Stephanie Kramer expressed that her colony has decreased with time however it does take time for the colonization program to become effective. Ms. Lois Palmer related her success as a cat colony provider. Ms. Lisa Villacossi expressed that she receives support from residents and tourists on her cat colony. Mr. John Jordan of 212 Fillmore Avenue and also on behalf of Dr. Christine Storts of the Atlantic Animal Clinic spoke contrary to the feral cat colony. He stated that there are over 60,000 feral cats that cause a health threat to humans and other native animals. Mr. Jordan stated that people are taking care of feral cats in Cape Canaveral however they reside in other areas. He stated how the problem has grown exponentially over the years. Mr. Jordan related that Dr. Storts is seeking the Council's support in removing feral cats from the area He concluded that there are many possible solutions such as trapping and neutering but not releasing them back into the wild. Ms. Laura Churchill of Cocoa expressed her support of the TNR program and provided details of her experience as a colony provider. She summarized that responsible neutering is the issue. Mrs. Kizis of 380 Habor Drive stated that Mr. Jordan's comment regarding "killing all feral cats beginning with Cape Canaveral" is on record with the County Commission Meeting. She stated that she is involved with Space Coast Cats and related that people who are involved with the feral cat program use their own funds to support this effort. } Ms. Helen Filkins expressed that she maintains a cat colony and stated that she does this due to a respect for life. She expressed to see County govemment intervene with a free or City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 7 low-cost mobile spay or neutering program. Ms. Filkins stated that she does not see a feral cat problem in Cape Canaveral. i Mr. Saurenmann stated the points that without cats, rats abound and that the cats are maintained on personal property. i l Ms. Shannon Roberts related impartially how the enthusiasm of one cat lover became a J problem for other neighbors in the Solana Shores area 3 Ms. Lucy Mall of Harbor Heights expressed the idea of a Safe Haven for cats relative to that for abused children. She related that once an animal was received the local vet could i contact a colony owner for induction into their colony. : i Mr. Hoog stated that he has observed many domestic cats that appear to create the basis of the problem due to free - roaming cats that breed. 1 Ms. MacKenzie reported on Maddy's Fund used on the west coast to provide funding for a spay /neutering program. Mayor Randels read from the County ordinance pertaining to animals and concluded the discussion on feral cats. „ C Mr. Petre asked if there were any plans for the City's 40 Anniversary. Mr. Boucher related that this month marks the City's Incorporation however events will commemorate the anniversary throughout the year REPORTS: i J 1. City Manager • Mr. Boucher reported that Council should have received a Draft Development Agreement with Solona Lakes outlining the provision to install 1,000 feet of middle turn lane on North 1 Atlantic Avenue. He is also working with Florida Power and Light within this agreement to a bury utility lines along that same footage. • Mr. Boucher requested to schedule a standing Code Review meeting prior to the First Tuesday Council meeting of every month at 5:00 P.M. • Mr. Boucher will schedule a Goals and Objectives meeting in the near future. He reported that Operations are in good condition and facilities should be the future focus. There is an anticipated $540,000 in the County Surtax that could assist with additional facilities. Mr. Hoog expressed disfavor with dovetailing on the County tax. He saw wastefulness in the School Board's expenditures. Mr. Boucher replied that as a result of demographic profiling, the Tax would not pass without including the School Board. Mr. Morgan expressed that maintaining natural resources and buying land is preferential to increased spending on , facilities. • Mr. Boucher reported that the west -side pedway bridge is near completion. • Mr. Boucher reported that the prototype signs at the beach ends are available for review } at Lincoln and Pierce Avenues. The signs are user friendly toward beach visitors. 1 a City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 8 • Mr. Boucher reported that Ms. McIntire was out of the office for the week due to death in the family. • At a later time in the meeting, Mr. Boucher asked if there was a desire to bid out the Engineering Services when the contract expires. Council agreed to bid the service. 2. Staff Building Official • Mr. Morley reported that the Traversa Development Agreement was executed and forwarded for recording. • Mr. Morley reported that the new Plans Examiner started work on Monday, May 19"'. City Clerk • No report. Cape Canaveral Volunteer Fire Department • Chief John Cunningham reported on the new ambulance stationed out of Cocoa Beach. City Attorney • Attorney Garganese reported on the beekeeping situation at a residence. He stated that Mr. Milliken lost a previous litigation. He outlined the City's options as: 1) allow him to continue, 2) initiate a Code Enforcement lien, however such a lien would not be collectible as long as this is Mr. Milliken's residence, or 3) seek a Court injunction and if he refuses, he would then be found in contempt of Court. Attomey Garganese replied to Mayor Pro Tem Petsos that the goal is to have Mr. Milliken remove the beehive and a Court order would compel removal. Mr. Hoog said that the City should forward a letter to Sue Bee Honey in that Mr. Milliken is in violation of a City ordinance conducting his business. City Council directed the City Attomey to seek a Court injunction. • Attomey Garganese reported that he would continue to generate new ordinances along with the Code review process. { 3. City Council Mr. Morgan • Mr. Morgan inquired about the Stormwater Park. Mr. Boucher replied that John Pekar is working on the concept. City Council would like to review the concept before a Town meeting is held with the neighboring residents. • Mr. Morgan also inquired about engineering fees and asked if rebate fees were paid from monies not used Mr. Boucher replied that an accounting for billing can be determined, and would be included in the Engineering Services bid specifications. Mr. Hoog • Mr. Hoog asked if the City planned to continue with reuse water especially due to some residents who have paid for the service. Mr. Boucher replied that there is an overall plan map of where to continue service for review during the Visioning Session. Council agreed to place reuse as a discussion item at the next Council meeting. • Mr. Hoog related that he attended a Community Appearance Board meeting and he found two of the Board member's comments opinionated toward an applicant. He stated that the Boards serve the public. Mayor Pro Tem Petsos replied that a seminar with the City Attomey might be required. City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 9 c Council members agreed by majority to continue until the dose of reports. Mr. Treverton • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about the Lifeguard Contract and asked if there were indeed two Guard towers and a Rover. City Manager would establish the level of service with County Public Safety. • Mayor Pro Tem Petsos announced that Ms. Sharon Horton was promoted to Principal of Cape View Elementary School. Ms. Joy Salamone accepted a position as Human Resources Director with the School Board. • Mayor Pro Tem Petsos asked if any other grants were sought for the property at Central Blvd. and North Atlantic Avenue. Mr. Boucher related the feasibility of using a grant for a stormwater park at this site. • Mayor Pro Tem Petsos inquired about the potential Toss of beach parking at the north beach end on Monroe Avenue. Mr. Boucher related that a developer desires to use this area for a 7 -unit condominium. Attorney Garganese stated under Florida law the property owner does not have the right to the most convenient access to the property but if the City substantially diminishes access it would create an inverse condemnation situation. Chief Cunningham informed about existing access problems for the emergency responders. ( Discussion continued on the use of the adjacent alley area for access. • Mayor Pro Tem Petsos asked about exploring the possibility of tax breaks on property to entice a grocery store in the City. Mr. Hoog reported that a Publix supermarket is proposed for the former Pantry Pride location. Mr. Boucher would pursue with commercial developers. Attorney Garganese stated that in order to give ad valorem tax breaks the City must address the voters for approval and businesses must meet a list of requirements before they can apply. The City could create economic incentive funds to provide incentives other then ad valorem tax breaks. • Mayor Pro Tem Petsos asked if there were any interest in a company that recoups sales tax. Mayor Randels replied that Florida Statutes Chapter 212 does not allow them to recoup these taxes since vendor pricing covers all costs. • Mayor Pro Tem Petsos requested to ask the Sheriff for a distinctive polo shirt for the Canaveral precinct. City Manager will forward a request to the Sheriff. Mayor Randels • Mayor Randels reported that the Friends of the Library raised over $2,000 in the book sale for various needed items such as: a 32 -inch television, a video cassette recorder and a DVD player. • Mayor Randels reported that he attended a s sponsored by Brown, Ward, Salzman, Weiss and Garganese on Unders the Legal Issues that Affect Local Govemment Decision Making. • Mayor Randels reported on this year's Night Out with the Sheriff's Departme on August 5th and requested that the Council reschedule their meeting that night in order to attend. k 1 City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 10 • Mayor Randels restated that a supermarket is anticipated at the site of North VVinds Ministries that would relocate some time in the near future. • Mayor Randels reported on lack of library funding in Seattle, Minneapolis and other cities around the country. • Mayor Randels announced his reappointment to the Environmentally Endangered Lands committee. • Mayor Randels reported that Marianne Huston of Public Works secured a grant in Community Emergency Response Team Training and she would ask for Council's participation. • Mayor Randels inquired about the exact easement for the turn-lane on North Atlantic Avenue. Mr. Boucher replied that the County could provide a survey. • Mayor Randels announced that Governor Jeb Bush would visit Cherie Down Park on June 17 Cherie Down Park was recognized as a Blue Wave Beach in the tourism industry. • Mayor Randels reported that he received the latest update on the high-speed rail system and made it available for Council's review. • Mayor Randels reported that he participated in a commercial to promote the Space Coast Area Transit called "Wherever Life Takes You." ADJOURNMENT: There bei44hflbjness, the Chair adjourned the meeting at 1045 P.M. - ; ^ ,. .t? 1*'c Rocky Randels, 'MAYOR ye V= 4; • • k MNPINPr4.,..... Susan -