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HomeMy WebLinkAboutMinutes 07-16-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida Tuesday July 16, 2002 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present: Cie Bennett Boucher, City Manager Charles Crawford, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Morris Reid, Building Official PRESENTATION: Mayor Randels expressed that since there was no representative from the First Union Bank to receive the award, the plaque and certificate for the Summer Beautification Award would be forwarded. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 18, 2002 { 2. School Resource Officer Agreement with the City of Cocoa Beach. No requests were made to remove an item for discussion. A motion was made by Mr. Morgan and seconded Mayor Pro Tem Petsos to approve Consent Agenda Items No 1 and 2. The vote on the motion carried 5-0 as follows: Mr. Cle City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 2 Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For Mr. Treverton, For and Mr. Weber, For CONSIDERATION: 3. Audit Services Agreement with the Firm of Bray, Beck & Koetter, CPA, P.A. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the Audit Services Agreement with the Firm of Bray, Beck and Koetter, P.A. The vote on the motion carried 5-0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. RESOLUTIONS: 4. Resolution No 2002 -22; Addendum #1 to the Agreement for Garbage Collection and Recycling. Mayor Randels read the Resolution No 2002 -22 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; Co, AUTHORIZING ADDENDUM # 1 TO THE AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES WITH WASTE MANAGEMENT d/b/a/ HARRIS SANITATION, INC; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Resolution No 2002 -22; Authorizing Addendum #1 to the Agreement for Garbage Collection and Recycling Services with Waste Management d/b /a Harris Sanitation, Inc. Mayor Pro Tem Petsos asked if Waste Management was competitive in their prices. Mr. Boucher replied that they have agreed to not include the cost of living increase in their roll -off rate. Mr. Morgan asked why a homeowner or business owner could not contract with whomever they choose. Attorney Crawford replied that collection services are paid to the City as part of the franchise agreement. There is no mechanism involved that would allow them to go outside of the service for which the City has contracted. Mr. Morgan inquired on the consequences of obtaining a dumpster from another vendor. Mr. Treverton expressed that he has not seen any action by Code Enforcement on the use of illegal rollover containers. Mr. Reid replied that he needed to have evidence to take before the Code Enforcement Board and the containers are removed before evidence could be obtained. Mr. Gene Petre asked how Waste Management acquired the contract. Mayor Randels informed that the City awarded the agreement through the bid process. Mayor Pro Tem Petsos commented on the wear to the roads using more than one collection service. Mr. Leo Nicholas expressed that there was actually no other service in the waste hauling industry. However, there might be other avenues for the roll -off service. Mr. City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 3 C r.e' Morgan requested that the City Attorney review the contract to assess if the roll -off dumpsters are included in the franchise agreement. Mr. Boucher replied that if case law exists, there would be a need to re- negotiate the contract. Mr. Boucher explained that there is an existing Franchise Agreement as of 1997. This addendum changes the time frame to change the rates from January 1st to August 1, 2002. He explained further that roll -off containers and roll -off compacter containers are the specific add -ins. Mr. Morgan emphasized that he understood how the City could have an exclusive agreement but not the contractors and businesses. The vote on the motion carried 5 -0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For Mr. Treverton, For and Mr. Weber, For 5. Resolution No 2002 -24; Bakersfield Wave 1I; Adopting the Final Plat of Bakersfield, Wave Two; John Baker, Applicant. Mayor Randels read Resolution No. 2002 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "BAKERSFIELD WAVE TWO "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mr. Weber to approve Resolution No 2002 -24; Approving the Final Plat of Bakersfield Wave Two Mr. Reid affirmed to Mr. Boucher that the Homeowner's Association was aware of the plat. The vote on the motion carried 5-0 as follows: Mr. Morgan, For Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 6. Resolution No 2002 - 25: Amending the City Investment Policy. Mayor Randels read Resolution No 2002 -25 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING POUCIES FOR THE CITY FUNDS TO BE INVESTED; PROVIDING A CUSTODIAN OF FUNDS; PROVIDING FOR THE SELECTION OF INVESTMENTS; AUTHORIZING FOR THE TRANSFER OF FUNDS; PROVIDING FOR REPORTING OF INVESTMENTS HELD; PROVIDING FOR PRORATION OF EARNINGS AND CHANGES IN VALUE; PROVIDING FOR THE EXCLUSION OF RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mr. Weber to approve Resolution No 2002 -25; Amending the City Investment Policy. Ms. Bowers summarized that this would address the type of investments in which the City could invest. This resolution would also allow the City to use an investment pool Ms. Bowers stated that the City could invest with greater flexibility. Mayor Randels clarified that Florida Statutes Section 163 states a cities requirements for investing. The vote on the motion carried 5-0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 4 Coe 7. Resolution No. 2002 -26; Establishing a New Schedule of Rates for Garbage and Trash Collection. Mayor Randels read Resolution No 2002 -26 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLROIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mr. Morgan to approve Resolution No 2002 -26; Establishing a New Schedule of Rates for Garbage and Trash Collection. Mayor Randels explained that the company is allowed a cost of living increase of 2.21% that is the first increase since 1997. Mr. Nicholas asked if there were any provisions to deodorize and disinfect the dumpsters. Mr. Boucher said that he would notify the company regarding their obligations to perform deodorizing and disinfecting under the agreement. The vote on the motion carried 5-0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For ORDINANCE: Second Public Hearing: 8. Ordinance No 02 -2002; Amending the Official Zoning Map as Described in Section 110 -246 by Changing the Class of Certain Property from R -2 to C -1 on 5.375 Acres. Mayor Randels read Ordinance No 02 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R -2 RESIDENTIAL TO C -1 COMMERCIAL ON 5.375 ACRES; AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to adopt Ordinance No. 02 -2002 Amending the Official Zoning Map as Described in Section 110- ' 246, Code of Ordinances by Changing the Classification of Certain Property from the Classification of R -2 Residential to C -1 Commercial on 5.375 Acres. The vote on the motion carried 5-0 as follows: Mr. Morgan, For Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. DISCUSSION: 9. Brevard County Proposal to Create a Special Water and Sewer District. City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 5 Cy, Mr. Boucher explained that this is a proposal to establish a countywide water and sewer district within the unincorporated area He stated that Commissioner Higgs is spearheading this item however the County Commission has tabled further discussion. Mayor Pro Tem Petsos stated that this would also have some ramifications on annexations. He related that the Space Coast League of Cities has requested that each municipality designate an elected official to represent the cities on this issue. Mayor Randels related that the County did not want a repeat of the Pinellas /Pasco County situation. Mr. Morgan deferred to the prototype concept. Mr. Boucher replied that Mr. Gardulski is currently working on other projects and has momentarily postponed implementation of the prototype concept. Mayor Randels related information on the intent of the water system and stated that this would put the County in a position of management. Mr. Treverton inquired bout the St.John's Water Management District's role. Mayor Randels explained that the St. John's Water Management District presides over several counties. Mayor Pro Tem Petsos requested a letter of support as well as a appointing a designee to represent the City on this issue. Council agreed by majority for the City Manager to forward a letter of support to the League. Reports: 1. City Manager • Requested a motion for an add-on item to hold a meeting to approve the Tentative Proposed Millage Rate. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve an add-on item. The vote on the motion carried 5 -0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the add-on item to schedule a meeting to adopt the Tentative Proposed Millage Rate on Monday, following the July 29 Budget Meeting at 5:00 P.M. The vote on the motion carried 5-0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For • Mr. Boucher reported that he received a quote for the City entrance sign from Waterfall Creations for $80- to $120,000. Mr. Boucher reminded that the Port's contractor is still available to install the original concept at an elevated level. Mayor Randels explained that the original concept sign would be landscaped and lighted. Mr. Nicholas related that the Board had suggested using the City seal and he recommended using a durable material. Discussion followed on using coquina rock. • Mr. Boucher reported that the space shuttle was vandalized beyond repair and said that a replacement is forthcoming. City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 6 (me 2. Staff Mr. Reid • Mr. Reid informed that a new Code Enforcement Officer has been hired. Mayor Pro Tem Petsos recommended establishing a priority list of concems for the new officer. He stated that life safety issues are a high priority. • Mr. Reid reported that construction is booming. Mayor Randels asked if any neighboring cities could assist. Mayor Pro Tem Petsos suggested educating the contractors on staff's tight schedule. Mr. Reid also reported on some of the new projects such as, Ocean View and Cape Club. City Treasurer • No report. City Clerk • No report. City Attorney • Attomey Crawford expressed his agreement with the Council in making Code Enforcement life safety issues a priority. { AUDIENCE TO BE HEARD: • Mr. Nicholas informed that the Beautification Board has been working to acquire holiday decorations. Ms. Huston received information from Florida Power and Light that states a banner's regulation size in order to hang from the light pole. • Mr. Nicholas reported that a member of the Beautification Board has moved out of the City and needs to be removed from the Board. Council members recommended sending the former member a letter stating the Board's residency requirement. • Mr. Gene Petre questioned the City's involvement with the Master Plan on the pedestrian/bicycle path with the County. Mayor Randels informed that Mr. Gardulski serves with Barbara Myers on that committee and with Ms. Myers' help he was able to obtain $70,000 for the City's sidewalk in the southern part of town. Mr. Boucher replied that the City's items are in the master plan. Mayor Randels related that Cape Canaveral was ahead of the other municipalities in the master plan visioning. • Mr. Petre also asked if there were any plan for completion of sidewalks on other named streets. Mayor Randels informed that the master sidewalk plan was east -west streets for the school and the north -south streets. Mayor Pro Tem Petsos stated that the school sidewalk project was complete. 3. City Council City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 7 C e Mr. Morgan • Mr. Morgan asked if the City has taken any further action on Mr. Tim Moriarity's concern with the alleyway on Lincoln Avenue. Mr. Boucher explained that the homeowners would need to petition the City to vacate the alleyway and share the cost. Mr. Boucher stated that a survey is needed and that has been tasked to Mr. Gardulski and Stottler, Stagg & Associates. Mr. Weber • No report. Mr. Treverton • Mr. Treverton requested additional information from the City Treasurer and the c 1 City Manager on the City's investments. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reiterated on setting priorities for the new Code Enforcement Officer. • Mayor Pro Tem Petsos requested to contact the Fire Chief regarding a memorial for Barry McCoy, former volunteer fire fighter. • Mayor Pro Tem Petsos also requested to draft a resolution to increase the millage for law enforcement and to place a referendum on the ballot. Mayor Pro Tem Petsos encouraged Council and the sheriffs office to inform the citizenry on the necessity of an increase. • Mayor Pro Tem Petsos related that the newspaper omitted publishing crime { statistics in the newspaper. He said Council should take a proactive stance in informing the citizens of problem areas in the community. • Mayor Pro Tem Petsos deferred to Mr. Boucher for information on the HOPE clinic. Mr. Boucher related that he and Mayor Pro Tem Petsos met with the Cape Canaveral hospital to find an area for a facility at no cost or low cost. Mr. Morgan suggested working with businesses for a temporary facility. Mayor Pro Tem Petsos suggested that the hospital contact Commissioner Ketchem at the Port for a location. • Mayor Pro Tem Petsos requested a copy of the City Manager's response letter to Mr. Hans Saurenmann. • Mayor Pro Tem Petsos referred to a letter from Senator Howard Futch and asked for additional information on the Community Character Act. • Mr. Petre commended Mayor Pro Tem Petsos on Chairing the Wednesday/Friendsday. Mayor Randels • Mayor Randels reminded the Council of the City Manager's evaluation. • Mayor Randels related that Royal Mansions cooperated with the fireworks prohibition. He also related on the new landscaping in front of the resort. City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2002 Page 8 • it low Bill Hanson the T group Randels request that the Council al Bil ns n of a RAID g p to make a presentation on the Alzheimer's group tracking bracelet. • Mayor Randels informed that the Space Coast Area Transit allows children from ages 5 to 18 to ride free with a library card. • Mayor Randels reminded that the public grant from the Florida Communities Trust on the Manatee Hammock Park was soon to expire on July 31 • Mayor Randels related that the Chamber of Commerce requested items for the legislative agenda • Mayor Randels informed that he serves on the Elder Ready Committee in Tallahassee and Mr. Terry White asked what he could do to help our City. Mayor Randels inquired about requesting funds to change the street signs to assist seniors. • Mayor Randels inquired about Hurricane Evacuation Plan Identification Cards for the Building Official. Mr. Boucher informed that the Fire Chief provides identification placards for return into the City after a disaster. • Mayor Randels asked about the peacock situation. Mr. Boucher responded that e isacuiring traps. fuels reminded about the stormwater run -off project on the end of ( Rocky Randels, MAYOR • -at ERK ‘i Cog CIO