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HomeMy WebLinkAboutMinutes 12-16-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 16, 2003 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:05 P.M. ROLL CALL: Council Members Present: Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Council Member Absent: Mayor Pro Tem Bob Hoog b oog Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski PRESENTATION: Ms. Colette Cannon introduced herself to the assembly. As a friend of the City, Ms. Cannon presented a plaque to the City Manager. Mr. Boucher read the plaque commending the City on its fiscal management. Mayor Randels thanked Ms. Cannon on behalf of the City and staff and said that the plaque would be displayed in City Hall The Chair acknowledged Mr. Trent Milliken at this time and asked the City Attorney if Mr. Milliken could address the Council. The City Attorney saw no problem with his speaking. Mr. Trent Milliken submitted a letter that he wrote to the City Attorney. Mr. Milliken said that the letter was in reply to the City Attorney's Summary Judgment request. He read Section 14 -3 from the City code, "Bees and Beehives Prohibited" and stated that he did violate the City of Cape Canaveral, Florida I City Council Regular Meeting December 16, 2003 ' 1 C Page2of7 i code. He gave the Council a notarized letter for their approval in lieu of signing the court ordered Summary Judgment. Mr. Milliken requested that the City Attorney cease from sending him any further letters. Mayor Randels summarized Mr. Milliken's letter that stated that he no longer had an attorney and that he had ceased from raising bees and producing honey. Mr. Milliken said that Mr. Todd Morley, Building Official and Ms. Duree Alexander, Code Enforcement Officer inspected his property and found no evidence of beekeeping. Mayor Randels summarized that the City's intent was to gain compliance to the City's ordinance. Mr. Morgan pointed out that Mr. Milliken had referred to an outdated version of the City code, Chapter 637 -33(b) calling for R -3 zoning and his home is in R -2 zoning. Mr. Treverton asked the City Attorney for a status report on this case. Attomey Garganese I responded that Mr. Milliken was sent a Cease and Desist letter since he was in violation of j the beehive ordinance to which Mr. Milliken did not comply. The Council had directed the City Attorney to file a lawsuit seeking injunctive relief to prohibit him from engaging in such activity at this site. The lawsuit was filed and Mr. Milliken hired an attorney at the beginning 1 of the lawsuit and a settlement negotiation was attempted to prohibit him from maintaining bees on the property. Mr. Milliken's attorney withdrew from the case and Mr. Milliken now represents himself again. The Council directed the City Attorney to gain a Court Order, i finding him in violation and prohibiting him from engaging in this activity on the property. Mr. Milliken is objecting to the entry of a Court Order and a Motion for Summary Judgment was filed on the merits of the case in an attempt to gain a ruling from the Court finding him F C in violation since the code prohibits him from maintaining bees on the property. i i 1 Attomey Garganese stated that although he respected Mr. Milliken's willingness to send an affidavit stating that he would not keep bees, this was not a Court Order and not enforceable in court. Mr. Boucher replied to Mr. Morgan that there was no lien on Mr. Milliken's property relating to this matter. Mr. Treverton asked if the Summary Judgment was something Mr. Milliken should sign. Attorney Garganese replied that it is a legal motion asking the court to rule in the City's favor based on the merits of the case. Attomey' Garganese also replied to Mr. Treverton that Mr. Milliken was sent a letter with hearing dates to which Mr. Milliken had not responded. A hearing date on the Summary Judgment t was set for March 26, 2004. Attorney Garganese replied to Mr. Morgan that the Order k states that Mr. Milliken would comply with code provision on beehives. If Mr. Milliken does not comply with the code provisions, Sanctions against him would follow. Mr. Treverton asked if there were some document Mr. Milliken could sign to keep this matter from j proceeding to court. Attorney Garganese responded the Stipulated Order. Mr. Boucher concluded that the Stipulated Order states that Mr. Milliken must live within the parameters of the City code as a residential property owner and it is to signing the Order that Mr. Milliken has an objection. Mr. Milliken stated that he would forward a copy of the Stipulated Settlement Order to the Council. 1 (ro' 1 i I 1 I City of Cape Canaveral, Florida City Council Regular Meeting December 16, 2003 Page 3 of 7 _.i BOARD INTERVIEW: Alice Filteau, Code Enforcement Board. Mayor Randels provided the prospective applicant's background and stated that the Code Enforcement Board submitted a recommendation for her appointment. Attorney Garganese reviewed the answers on Ms. Filteau's application. Ms. Filteau stated that the City codes are necessary in order to maintain a pleasant community and the residents also need a forum to be heard. Attorney Garganese explained that the Board is quasi- judicial and he asked Ms. Filteau if there were any problem with imposing fines on fellow residents. She replied no, unless there was a conflict of interest. Council members responded that Ms. Filteau would be a welcome addition to the Board and thanked her for her aesthetic improvements in her own neighborhood. Ms. Nancy Hanson informed that Ms. Filteau also has grant writing experience. Mayor Randels explained that a Resolution to appoint Ms. Filteau to the Board would be placed on the next Council agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 2, 2003. Mayor Randels asked if any Council Member, staff or interested party desired to remove the Consent Agenda item for discussion. No request was made to remove Item No 1 for discussion. } A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve the Consent Agenda Item No -1. The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For CONSIDERATION: 2. Motion to Approve: Design Proposal for Reuse Water Lines. t f Mayor Randels provided project background and introduced Mr. John Pekar, City Engineer, for any questions. Mayor Randels summarized that 60 working days is the intended time for completion and that the job would be performed using directional boring for minimal disruption to the project area A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Design Proposal by Stott ier, Stagg and Associates, Inc. for Reuse Water Lines in the Amount of $18,000. The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For Mr. Morgan, For; Mayor Randets, For and Mr. Treverton, For. Le 1 City of Cape Canaveral, Florida City Council Regular Meeting December 16, 2003 C Page4of7 ORDINANCES: Second Public Hearing: 3. Motion to Adopt: Ordinance No. 41 -2003; Non - Conforming Lots. Mayor Randels read Ordinance No 41 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE V, CHAPTER 110 OF THE CITY CODE, ENTITLED NONCONFORMITIES; PROVIDING REGULATIONS FOR NONCONFORMING LOTS OF RECORD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels explained that the intent of the ordinance is to allow single - family dwellings on non - conforming lots of record. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No. 41 -2003 at second reading. The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 4. Motion to Approve: Ordinance No 42 -2003; Amendments to the Wage and Salary Plan, at first reading. Mayor Randels read Ordinance No. 42 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION V, WAGE AND SALARY PLAN, OF THE PERSONNEL POUCY OF THE F CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFIJCTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the amendments would extend the maximum pay ranges per job classification and the plan also includes some specialized classifications as a work F incentive. Mr. Miller pointed out that the City Manager's salary was raised considerably. Mayor Randels explained that the City Manager is reviewed and ranked annually by the Council. Although his base salary would be increased under the plan, he would be reviewed in due time. Mr. Miller stated that most City employee's existing annual salaries fall within the range on the proposed scale, however the City Manager is the exception to the rule. Mayor Randels explained that the City chose to use the Florida League of Cities median population size since a smaller population comparison resulted in lower comparative survey responses. Mayor Randels related the tenure of most City employees and said that this pay scale provides a better comparison against other recruiting cities. The City Manager will provide the cost of a 3 percent across the board increase. Ms. C e Shannon Roberts applauded the Council and expressed that this action is an investment City of Cape Canaveral, Florida City Council Regular Meeting December 16, 2003 Page5of7 in the City. She stated that the standards and expectations of the residents duly justified an increase to City employees' wages. A motion was made by Mr. Morgan and seconded by Mn Miller to Approve Ordinance No 42 -2003 at first reading. The vote on the motion carried 4-0 with voting as follows: Mn Miller, For, Mn Morgan, For, Mayor Randels, For and Mr. Treverton, For DISCUSSION: 5. Review of Annual 3% Sewer Rate Increase. Mayor Randels explained how the sewer rate study provided revenue data on anticipated sewer operating costs. Mr. Morgan stated that the City has been able to adequately implement its sewer plan without continued increases. Mayor Randels said that in order to gain revenue sufficiency the updated data called for a maintained three percent increase rate, however that position has changed. Mr. Morgan reiterated that the increase was not necessary. Mr. Treverton related that the three percent increase was a built -in factor to offset potential growth. Mr. Boucher responded to Mr. Morgan that revenue results are now evident toward the end of the rate model study. He said that the revenue stream should increase as the larger construction units become operational. Mr. Boucher stated C io that for this year the City could forego an increase. Mr. Boucher concluded that he would draft a resolution to abate the sewer rate increase for the next City Council agenda. REPORTS: 1. City Manager I • Mr. Boucher reported on a successful Reindeer Run. He thanked Ms. Kim McIntire, Race Coordinator, the Business and Cultural Development Board and all those who volunteered. The City will present a check to the United Way some time in January. • Mr. Boucher also reported on a successful Tree Lighting Program and thanked Nancy Hanson and the Recreation Department staff. • Mr. Boucher thanked the Public Works' department for decorating the City so well during the holidays. • Mr. Boucher reported that the Bid on the Manatee Park Pavilion Bid was extended until January t He stated that amendments were made during the Pre -Bid Meeting. Ms. Hanson stated that minor adjustments were made to avoid change orders during the Project • Mr. Boucher reported on a minor fire at Cape View Elementary School. He said that evacuation was avoided through the efforts of the Cape Canaveral Volunteer Fire Department. • Mr. Boucher informed that the Sheriff's department incurred roster changes. He noted that the Officer and K-9 were transferred and another one was received. Mr. Boucher is monitoring the roster in light of the Sheriffs Department contract. Cre City of Cape Canaveral, Florida City Council Regular Meeting i December 16, 2003 Page6of7 • Mr. Boucher also informed that he would be away for the holidays from December 19 through January 5 and the City Clerk would be in charge during his absence. He wished everyone a happy holiday. I 2. Staff 1 I Mr. Gardulski : • Mr. Gardulski reported on a corroded pipe servicing the northeast end of the City. He i stated that that a pipe collapsed and expressed that repair is critical. Mr. Gardulski replied 1 to Mayor Randels that Cape Caribe was included in that service area He requested to : ti have Stottler, Stagg and Associates review and devise a plan proposal for repair. Mr. Morgan inquired about the law of prescriptive easements. Attorney Garganese replied that a prescriptive easement could be applied however stringent requirements must be met. Mr. Gardulski requested authorization for a purchase order and subsequent to documentation, he would retum to the Council with three quotes and a recommendation to award one of the quotes and waive the bidding process due to the emergency. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Authorize Stottler, Stagg and Associates to perform Emergency Design Services for the Design of a Gravity i Sewer Line in an Amount not to Exceed $7,000. The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, i For. I i Cri City Clerk • No report. I City Attorney I • Attorney Garganese distributed information regarding A dult Arcades. H e explained that the Adult Arcades contain games of chance with redeemable tickets. He recommended that the Planning and Zoning Board review the issue in order to establish Land Use regulations. He stated that games of chance are illegal under gambling laws of the State of Florida and an applicant would need to demonstrate that the machine is a game of skill. The Council agreed to have the Planning and Zoning Board review the Adult Arcade amusement center slot machines for use in Cape Canaveral. 1 t 1 AUDIENCE TO BE HEARD: t The audience had no comment. i 3. City Council i Mr. Miller I • No report. Happy Holidays to all. i i Mr. M it L e • No report. Happy Holidays to all 1 i . City of Cape Canaveral, Florida City Council Regular Meeting December 16, 2003 I C Page7of7 Mr. Treverton • Mr. Treverton requested a progress report from Stonier, Stagg and Associates on available land for Fire and Police Department facilities. Mr. Boucher replied that this survey is in progress. • Mr. Treverton stated that he would like to address lot coverage during an upcoming Code Review meeting. He would provide data. Mayor Randels • Mayor Randels inquired about projected Reindeer Run contributions. Mr. Boucher replied that a report is forthcoming. • Mayor Randels reported on the tree lighting program at the Cape Canaveral Library. • Mayor Randels reported on his and the City Manager's meeting with the Carlisle Group and related that an opportunity for affordable units is available. • Mayor Randels announced that the Sheriffs office received its second year of national accreditation. This is an accommodation of professionalism for the Sheriffs office. • Mayor Randels reported a joint water study between the Port Commission and the County regarding high nitrogen rates that indicates possible presence of sewage. • Mayor Randels announced that the last meeting of the St. John's Water Sea Water Demineralization Feasibility investigation is Friday January 9"'. Sea Water demineralization has been identified as a potential significant source of water to meet the projected 2020 demands. • Mayor Randels forwarded a thank you letter to the Public Works Director regarding Tim C r, Davis and Scott Barker for assisting the Friends of the Library with their book sale. • Mayor Randels reported on a forthcoming reimbursement check from the Port to the } City on the Sand Fence Project. • Mayor Randels addressed the need for a vehicle storage facility at the Public Works. Mr. Boucher replied that Council established a priority order for projects. ADJOURNMENT: Tlleterbeing rid'f i#hpr business, the Chair adjoumed the meeting at 9:06 P.M. AN c o c.4`' Q c2f2 ; : � � Rocky Randels, MAYOR 'Stine ERK 3