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HomeMy WebLinkAboutMinutes 09-16-2003 Regular 1 CITY COUNCIL REGULAR MEETING : c CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 1 Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent: Council Member Richard Treverton Others Present: { City Manager Bennett Boucher Assistant City Attorney Jeff Buak City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Assistant Public Works Director Walter Bandish Recreation Director Nancy Hanson Building Official Todd Morley CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 2, 2003. Mayor Randels asked if any Council Member, staff or interested party desired to remove , an item from the Consent Agenda for discussion. Mayor Randels noted that the City Clerk made the necessary correction for the Ci meeting's Roll Call. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 2 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Y Y Y g Approve Consent Agenda Item No. 1. The vote on the motion carried 4.0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For CONSIDERATION: 2. Motion to Approve: Engineering Services Proposal for Wastewater Facility Improvements. Mayor Randels provided background on the item. Mr. Ted Hortenstine, Project Manager, with Brown and Caldwell, stated that the conversion from gas chlorine to sodium hypochlorite had been included with the laboratory fume hood modification project. This was done to make the project more accessible to potential bidders. Mr. Hortenstine reviewed the intended improvements from a handout he supplied. He reviewed the anticipated process for the sodium hypochlorite system and the lab ventilation improvement. Mr. Morgan asked if a bond were required to which Mr. Hortenstine affirmed. He stated a licensed construction manager would remain on site 8 -hours per week for observations and to approve record drawings. Mayor Randels summarized that there were three projects that would bid as one 1) Conversion from Chlorine to Sodium Hypochlorite, 2) Renovation and Discharge r Modifications to the Laboratory Fume Hood Ventilation and 3) improvements to the Reclaimed Water Pumping and Storage System. Mr. Hoog asked if there were requirements for the reject storage tank. Mr. Hortenstine responded that there are two available tanks and the automated system would reject to the City's .4 million- gallon tank until the larger tank could be emptied to hold the reject flow and this would meet the State requirement. Mr. Hoog asked if permit fees were included. Mr. Hortenstine replied that $2,000 to $5,000 was the fee estimate. Mayor Pro Tem Petsos expressed concern with the cost amounts in that some of the data was available. Mr. Hortenstine replied that the project could bid as not-to-exceed an established amount. Mayor Randels asked if there were any anticipated interruption to the reclaimed water system. Mr. Hortenstine replied that a work plan would establish the implementation sequence. Mayor Pro Tem Petsos expressed that staff could regulate operational events. Mr. Hortenstine explained that the State had stringent requirements on project staffs expertise and that is done through certified construction observation. Mayor Pro Tem Petsos called for regular reporting throughout the project's duration. Mr. Boucher stated that he expected collaboration between staff and firm. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to Approve the Engineering Services Proposal to Brown and Caldwell, Inc in the Amount Not to Exceed of $126,324 for the Wastewater Facility Improvements. The vote on the motion carried 4 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 3 ORDINANCES: Second Public Hearing: 3. Motion to Adopt: Ordinance No 29 -2003; Amending Chapter 74, Relating to Penalties for Parking. Mayor Randels read Ordinance No 29 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE RELATING TO PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR THE COORDINATION OF THE CITY'S PENALTIES FOR PARKING VIOLATION WITH THE REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that this Ordinance would bring the City's code into compliance with the Florida State statutes [318.18]. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No 29 -2003. The vote on the motion carved 4-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, Ce For ORDINANCES: First Public Hearing: 4 Motion to Approve: Ordinance No 27 -2003; Vested Rights, at first reading. Mayor Randels read Ordinance No 27 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING A NEW CHAPTER 115 THE CITY OF CAPE CANAVERAL CODE ORDINANCES, RELATING TO VESTED DEVELOPMENT RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Pro Tem Petsos requested that the Planning and Zoning Board have an opportunity to review the ordinance with the proposed changes. Council forwarded the ordinance back to the Planning and Zoning Board for review. Mr. Boucher asked that the Board to be made aware of Council's favor on the subject matter. 5. Motion to Approve: Ordinance No 32 -2003; Vacating a (12) -Foot Wide Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 — Avon -by- the -Sea, at first reading. Mayor Randels read Ordinance No 32 -2003 by title. i City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 4 , to AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE -FOOT WIDE ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5, 10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON BY THE SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3,257 SQUARE FEET, MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND EFFECTIVE DATE. i M ayor Randels read a letter from the City Attorney dated July 21, 2003 to the City Manager. Mayor Randels also read a letter from Mr. and Mrs. Ronald and Kathleen Kister from Bayport, New York that was sent by facsimile to the City Manager as of September 16, 2003. Mr. Morgan inquired if the Council should proceed with the matter. Attorney , Buak replied that public purpose was the focus of Council's decision. Attorney Jason Hedman stated that the Moriarty's were agreeable to vacation and consent from the parties involved was previously granted. Attorney Buak advised that alleyway could not be granted as half. Mr. Hoog asked if any utilities were located. Mr. Ed Gardulski, Public Works Director replied that the City utilities ceased at the right-of- , way. Mayor Randels inquired about the consequences of vacating in light of any utilities. Attorney Buak replied that the City would need to review the franchise agreements with the established utilities. Mr. Gardulski said that the City could vacate and leave an easement for the utilities. Attorney Buak replied to Mr. Hoog that the City would need to enter an agreement with the separate utilities as well as the property owners. Mr. Hoog asked who is responsible to determine where the utilities are within the easement. Mr. 1 Boucher replied that the property owners are responsible. Attorney Buak advised that the ordinance be approved contingent upon the utility easement and subsequently requiring the easements as part of the actual adoption. Mayor Pro Tem Petsos inquired about Judge Maxwell's court order and asked if anyone could be held in contempt if they disagreed with the vacation after the fact. Attorney Buak replied that the property owners were to collaborate as part of the court order. Mrs. Vicidomini pointed out that that City does have a use since there are utilities in the alleyway. She restated her frustration in attempting to discover if the alleyway were vacated. She stated that all parties involved met the Court ordered obligation and were now before the Council for a decision to vacate. Mr. Vicidomini pointed out that half of the alleyway was depicted as vacated on the aerial. Attorney Hedman said that his research found that the entire alleyway was open for vacating. ,, Mr. Boucher restated that Council could take action with a stipulation and at the next reading make any found utility easements part of the vacation. Mr. Vicidomini pointed out that that appurtenances did also exist in the alleyway. Attorney Buak stated that the City would only need to address the utility easements and any other matters would be subject to civil suit. Attorney Donna Dressler, representing Mr. Walter Schoenfeld asked who would maintain the easement? Mayor Randels stated that the land would be turned over to those of the utility franchise. Attorney Buak stated that fee simple interest is awarded to } the property owners and the City would create an easement for access to the utilities. 1 1 4 City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 5 Attorney Dressler expressed concern with placing the burden to maintain the easement on the property owner instead of the utility. Mrs. Vicidomini stated that the alleyway has a public purpose because of the utilities and she requested tree removal on the east side of the alley prior to vacation. Attorney Dressler stated that Mr. Schoenfeld owns the entire portion including the landscaping and the matter is an issue for the Courts. Mr. Boucher stated that all parties would receive a copy of the agenda packet material prior to the next scheduled meeting. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance 32 -2003 subject to the Entry and Recording of Utility Easements and remitting the Necessary Invoices regarding Cost to the Property Owners. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 6. Motion to Approve: Ordinance No. 33 -2003; Adopting Amendments to Chapter 62 Relating to Collection to Solid Waste, at first reading. Mayor Randels read Ordinance No. 33 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING TECHNICAL "HOUSE CLEANING" AMENDMENTS TO CHAPTER 62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels stated that the needed changes were found during a recent code review Y � meeting. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 33 -2003 at first reading. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For Mayor Pro Tem Petsos, For and Mayor Randels, For. RESOLUTIONS: 7. Motion to Approve: Resolution No. 2003 -32, Approval of Final Re -Plat for Johanson Townhomes. Mayor Randels read Resolution No. 2003 -32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVIDNG THE FINAL RE - PLAT OF "JOHANSON TOWNHOMES "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. 4 City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 6 Mr. Morgan stated that he filed the appropriate Conflict of Interest form with the City Clerk. Mayor Randels pointed out that the Planning and Zoning Board noted the inclusion of a 16 -foot driveway on the site plan. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Approve Resolution No. 2003 -32. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 8. Infrastructure Sales Surtax Project List. Mayor Randels stated that the Council requested a list for items numbered as Infrastructure Sales Surtax Projects. Council recommended 1) a new Fire Department Building, 2) a new Police Department Building, 3) new Public Works' Facilities, 4) Renovation of City Hall and the Annex, 5) new Community Center and City Hall Campus Site Improvements and 6) Land Acquisition and Development of Recreation areas. Mr. Boucher stated that the list is in line with the City's visioning session. Mr. Hoog inquired about building fire facilities. Mr. Boucher replied that the Fire Department would secure a loan for the building to which the City would guarantee. Mr. Hoog reminded that the City was not to be involved in Fire Department land ownership per the City charter. Mr. Boucher replied that a long -term lease would make the Fire department the building owners. Mr. Nicholas asked if the same lease option would apply to the Sheriffs Office. Mayor Randels responded no and said that a new building is planned for the Sheriff's Office. Mr. Hoog inquired about Item 6 and Mr. Boucher replied that purchasing land for parks was the intent. City Council accepted the list as submitted. 9. Residential Planned Unit Developments. Mr. Morgan introduced his request as a discussion on Planned Unit Development [PUD, not Residential Planned Unit Development [RPUDj. This would allow for an infusion and mixture of commercial and also reduce the allowable lot size. He stated that this would also lessen traffic on the main arteries. Mr. Morgan pointed out that there were few 10- acre lots left in the City. Mayor Pro Tem Petsos questioned if a developer could adequately use a 5 -acre lot. Mr. Boucher provided background in that the Planning and Zoning Board reviewed Planned Unit Developments during the Comprehensive Plan Amendment several years ago. Council requested that the Planning and Zoning Board agenda this item for discussion. c City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2003 Page 7 10. County Fireworks Regulation. Mayor Randels and the City Manager attended a previous meeting and found other municipalities experiencing the same problems. Fireworks storage was the focus of discussion and the committee's intent was to regulate the fireworks sales in the County. Mayor Randels related the difficulty of confiscating items purchased. Mayor Randels solicited input from the Council for the City Manager to take to the next committee meeting. 11. Final Design of North Ridgewood Avenue Storrnwater Project. Mayor Randels Wormed that the City Engineer held meetings with Ocean Woods and Ocean Oaks Condominium Associations. Ocean Oaks Condominium residents expressed concem with installing benches and they also requested dry retention. Mr. John Pekar reported that shortening the retention basin was also a repeated concern. Therefore, two plans evolved: 1) shortening or 2) sloping without shortening. Mr. Morgan asked that he remain with the original intent of the design. Mr. Pekar said that the project could be easily and unobtrusively installed. Mr. Pekar concluded that he would proceed with the original plan with minimum modification. 12 Revised Travel and Per Diem Policy. Mayor Randels reviewed the travel policy recommendation. He informed that $36.00 per day was the proposed per diem, receipts were required with overnight stays only and he outlined all policy exc.lusions. Attorney Buak stated that new standards are allowed to differ from what is required in State Statutes. Council agreed to proceed with an ordinance for adoption. 13. Revised Wage and Salary Plan. Mr. Morgan and Mayor Pro Tem Petsos requested to review the data that formed the methodology to arrive in the resulting proposed wage and salary table. Council expressed concem that some classifications were exceedingly high. Staff would provide the requested data. 14. Segway Scooter Legislation. Mayor Randels asked if there were any interest from the Council to regulate operating this apparatus on sidewalks. Attorney Buak informed that a Statute was passed in 2002 to exempt them as motor vehicles however the statutes provides for where they could be operated and individual cities and counties can prohibit them from bike paths, roads or streets, but not sidewalks. Mayor Pro Tem Petsos stated and Mr. Morgan agreed that he would not choose to legislate unless necessary. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 8 REPORTS: 1. City Manager • Mr. Boucher informed that the US Department of Agriculture contacted him on purchasing a beach - cleaning machine. A meeting is scheduled for September 23` at the Agricultural Center along with Cocoa Beach and the Port Authority. • Mr. Boucher announced the next Firework's Committee meeting on Wednesday, September 17th. • Mr. Boucher reported that he would meet on Friday with the School Board and the Surtax Steering group. He would forward any additional information to Council. • Mr. Boucher thanked Public Works for the library parking lot job as well as the maintenance at Bennix Park. • Mr. Boucher informed that he interviewed for a City Manager's position with the Village of North Palm Beach. 2. Staff Public Works Director • Mr. Gardulski informed that the beautification to the City entrance sign is forthcoming and once complete he would proceed to the beach ends. Building Official • Mr. Morley reported that the Knot House was boarded according to Council's direction. • Mr. Morley informed that he and the Assistant City Attorney were working on amending Code Section 82 -14. City Treasurer • No report. Recreation Director • No report. City Clerk • No report. 3. City Council No reports. AUDIENCE TO BE HEARD: C There was no publ is comment. t City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 9 C ADJOURNMENT: There n the Chair adjourned the meeting at 10:00 P.M. kt f Rocky Randels, MAYOR Sus "II 011 . Ce { i pp } g C f�. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS T NAME -- FIRS - MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE 1 n P6jq �>'9,' c MAILING ADDRESS f. THE BO COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON i t ' //1/( G /v //Lir W SERVE IS A UNIT OF: CI y nn�` COUN CITY ❑COUNTY 0 OTHER .?CALAGENCY a N E OF POLITICAL SUBDIVISION: ( A DATE ON WHICH VOTE OCCURRED MY POSITION I : l 9 1 0 3 ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It appkes equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the Iaw when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. 1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (induding the ent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or i l to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that 1 capacity. 1 For purposes of this Iaw, a 'relative" indudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business 1 enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation I are not listed on any national or regional stock exchange). w • • ,, • ,, ► • w • • w : e ELECTED OFFICERS: 1 In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. I APPOINTED OFFICERS: i Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you i must disdose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 1 1 1 $ 1 1 , APPOINTED OFFICERS (continued) 1 • A copy of the form must be provided immediately to the other members of the agency. 1 C • The form must be read publicly at the next meeting after the form is filed. 4 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. 1 • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the t agency, and the Norm must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST t, , n _ a _ Z a E ) hereby d'isdose that on2 L t ° 41/4 !C 7 -- — , 20 0 3 : (a) A ure came or will come before my agency which (check one) 1 inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, ___ - -�; 3 — inured to the special gain or loss of my relative, ` _ — - I _ inured to the spedal gain or loss of by I t whom I am retained; or s inured to the special gain or loss of ___ - -_— — , which I i is the parent organization or subsidiary of a prindpal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: c t f t 1 t , i 7 ' / — ' ---- ,---77g----=., . - D.- y . 7/ Date Filed nature 0 / NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE I CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 I I