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HomeMy WebLinkAboutMinutes 08-20-2002 Regular 1 i CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida 1 TUESDAY August 20, 2002 7:00 PM 1 MINUTES I CALL TO ORDER: 4 PLEDGE OF ALLEGIANCE: ROLL CALL: I Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber I Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney , c Susan Stills, City Clerk 1 Andrea Bowers, City Treasurer 4 PRESENTATION: 1 Bea Fowler, School Board District Representative. 1 Ms. Bea Fowler thanked the Council for the opportunity to speak at the meeting. Ms. Fowler reviewed past year hewed the ast school by stating that 80 percent of Brevard County schools Y are A and B schools. She informed that Endeavor Elementary School was the only F school in the district. Ms. Fowler announced that Ms. Michael Giambetti from Long Leaf Elementary School is now the principal at Endeavor Elementary. She expressed that high standards and expectations are what were needed to turn the school around. Ms. Fowler reported that decreased funding has led to a tough year for the School District. She stated that subsequent to September 11, $8.7 million have been cut as well as an incurred increase in health care coverage for teachers. Ms. Fowler commented that Brevard County is a high performing school district. Ms. Fowler stated that she favored zero- based budgeting. She suggested that the District use an outside consultant to take an objective look at processes in an effort to salvage $7 million. She also suggested reducing the number of teachers at Viera and returning them to the classrooms. Ms. Fowler brought out that the absentee policy has come into 1 C controversy. She stated that she was adverse to the absentee policy in that it could not be applied across the board to all students, saying that the nine -day limit is not applicable to 1 all situations. Ms. Fowler reported on the low enrollment at Cape View Elementary School City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2002 Page 2 1 with 377 students. She said that the reason appears to be the changing demographic in the Cape Canaveral area and suggested that the Council encourage families with children to move into the area. Mr. Treverton thanked Ms. Fowler for attending and she responded to him that Endeavor Elementary School is in Cocoa and Long Leaf Elementary School is in Viera. Ms. Patricia `i Patraude, of 109 Long Point Road, asked if Devereaux is in the school district. Ms. Fowler I stated that Devereaux is a privately run facility. Ms. Patraude stated that Devereaux needs I to be inspected and described it as a warehouse for children. Mr. Morgan expressed his concern with the nine -day absence policy and agreed with Ms. Fowler's disfavor of the policy. Ms. Fowler stated that she believed that the policy was created with good intentions. However, part of the policy is an appeals process and this appeals process a does not make a uniform application from one school to another. Mr. Gene Petre commented on the number of students at Cape View and asked if there was concern in perhaps closing the school. Ms. Fowler replied that the continuing trend does not look 0 good for the school. Mayor Randels stated that the price of property in the community 1 does not favor the median income family. Ms. Kim Kaun stated that her reason for leaving the community was its number of bars and the lack of a grocery store. Mayor Pro Tem Petsos expressed the importance of a teacher in the Cape View School computer lab, in i that one was removed due to the lessened enrollment. Mr. Morgan stated that with fewer children there seemed to be more of an opportunity to teach a smaller number. Ms. Fowler replied that Cape View would need specific programs to attract enrollment. Mayor Pro Tem Petsos invited Ms. Fowler to attend the Cape View K-9 benefit on Saturday, August o 24th. i o George Geletko, Waste Management Mr. Geletko thanked Council for an opportunity to update them on Waste Management `s 1 activities. He spoke on the lack of timely yard waste pick -ups and stated that two additional collection crews from Orange and St. Lucie Counties have been added to assist with the delayed service. Mr. Bill Hanson, C.O.P. asked about trash pick -ups at Grace Presbyterian Church, One Church Lane. Mr. Geletko asked Mr. Hanson for more information to assist with a pick -up in that location. o 1 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of August 6, 2002. I 2. Resolution No. 2002 -28; Appointing an Alternate Member to the 4 Beautification Board. (T. Garboski) 3. Quarterly Treasurer's Report and Budget Amendments. 1 Mayor Randels asked if any Council member, staff or interested party desired to remove an item from the Consent Agenda for discussion. i 1 i 1 i I 1 a City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2002 1 Page 3 'i C Mr. Gene Petre asked for clarification on the third item. Mayor Randels replied that every quarter the City Treasurer submits any changes to the budget for adjustment 1 purposes in order to align purchases in perspective with the City's adopted fiscal year 4 budget. y A motion was made by Mr. Morgan and seconded by Mr. Weber to approve Consent Agenda Items No. 1, 2 and 3. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, i For; Mr. Treverton, For and Mr. Weber, For. i CONSIDERATION: 1 4. Purchase of Electronic Bracelets for Project Lifesaver. 1 Mayor Randels stated that a 12- minute video could be shown at any Council member's I request. Deputy Dexter Rogers introduced Deputy David Altman, who locates missing persons, for any further questions from the Council. [Video on the Lifesaver Bracelets was shown.] Mayor Randels pointed out that one of the Council's goals was to support the Brevard County TRIAD. Deputy Rogers explained that the intent was to purchase 1 bracelets for those who could not afford them. Mayor Randels added that the Citizens on Patrol would also perform fundraisers to acquire funds. Deputy Altman explained that 1 C the main search would be done from the helicopter as well as to use ground patrol. 4 Mayor Randels stated that $37,000 is available in recycling funds to assist with the 1 electronic bracelet purchase. Mr. Weber commented on a person's ability to remove the bracelet. Deputy Altman responded that although the system is not foolproof there are 1 1 altemative ways to adhere the bracelet to the individual's person. Mayor Pro Tem 1 Petsos asked if the tracking devise is in all the helicopters. Deputy Altman explained that the equipment would be in the working helicopter. Mr. Weber inquired about the number of active units? Deputy Altman stated that at this time there is one in use. Deputy Rogers replied that there are criteria to receive a bracelet. Ms. Kaun stated that if partial payment or full payment were possible from the family in need of a bracelet, then a sum would be requested. Mr. Weber asked how they promote the bracelets? Ms. 1 Kaun replied that the bracelets are promoted through the local television news and 1 newspapers. Ms. Kaun stated that Mayor Randels is the only elected official that has I responded to an invitation to hear about the bracelets. Deputy Altman said that Brevard I County is the only county that has taken an active step in this program. Mayor Pro Tem 1 Petsos asked if the Sheriffs office had made a commitment. Ms. Kaun responded that 1 the Sheriffs office helped with a $5,000 donation to purchase equipment and for 1 personnel training. Mayor Pro Tem Petsos asked if the Sheriffs office would continue even if no other City became involved. Ms. Kaun affirmed the Sheriff's office 1 commitment regardless of outside involvement. Mayor Pro Tem Petsos asked Mayor Randels if he had spoken to the hospital on behalf of the community. Mayor Randels 4 agreed to meet with Laurie Smirl for a funding commitment. i 1 A 4 j , City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2002 Page 4 1 1 C A motion was made by Mr. Weber and seconded by Mr. Morgan to Approve the Electronic Bracelets in the amount of $2,500 for Project Lifesaver for the City of Cape Canaveral. The vote on the motion carried 4 -1 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, Against and Mr. Weber, For Mr. Treverton expressed after the voting that he would have been more in favor of the purchase after first hearing from Cape Canaveral Hospital. 5. Motion to Adopt Resolution No 2002 -29; Appointing Anthony A. Garganese and the Law Firm of Brown, Ward, Salzman & Weiss, P.A. as City Attorney for the City of Cape Canaveral. I Mayor Randels provided background on the firm of Brown, Ward, Salzman & Weiss, P.A. and noted that the firm specializes in municipal law. Mayor Randels read Resolution No 2002 -29 by title. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF CAPE CANAVERAL, FLORIDA APPOINTING ANTHONY A. GARGANESE AND THE LAW FIRM OF BROWN, WARD, SALZMAN & WEISS, P.A. AS CITY ATTORNEY FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING ' FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. fir+ g Mayor Pro Tem Petsos clarified that this firm would complete the terms of the existing legal services contract until December 6, 2002 after which time the City would bid for a legal services agreement. Mayor Randels inquired about local travel expenses. Mr. Garganese replied that travel included driving in the vicinity. Mr. Weber asked where g Mr. Garganese is located. Mr. Garganese stated that his main office is in Orlando and g his satellite office is in Cocoa. i 1 1 A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2002 -29. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 11 -2002; Amending Code Section; 10 -26 and 10 -27; By Deleting Sections 10 -26 and 10 -27. Mayor Randels read Ordinance No. 11 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 10 - 26 and 10 - 27; BY DELETING SECTIONS 10 - 26 and 10 - 27; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. I City of Cape Canaveral, Florida I City Council Regular Meeting 1 August 20, 2002 Page 5 I h A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Adopt Ordinance No. 11 -2002 at second reading. Mayor Randels clarified that this ordinance would delete a code section for which the City no longer has authority. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. i 7. Motion to Adopt: Ordinance No 12 -2002; Submitting to the Electors of the City a Referendum Question Regarding The Modification of an Ad Valorem Tax For Police Services. 1 1 Mayor Randels read Ordinance No 12 -2002 by title. 1 I AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTIONS; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I A motion was made by Mr. Morgan and seconded by Mr. Weber to Adopt 1 Ordinance No 12 -2002 at second reading. 1 1 M ayor Randels read the ballot question in its entirety. Police Protection Referendum Question 1 Shall the City of Cape Canaveral, Florida be authorized to increase the ad valorem tax dedicated to Police Protection by an increase not exceeding 1 mill on all real property located within the City of Cape Canaveral for additional law enforcement personnel and equipment beginning with the fiscal year commencing October 1, 2003. The present millage rate for police ad valorem is 1 mill. Mr. Gene Petre asked how much money this increase would generate. The Council I responded that this increase would generate approximately $490,016. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem i Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For 1 8. Motion to Adopt: Ordinance No 13 -2002; Amending Code Section 38; Fire Prevention and Protection Code. Mayor Randels read Ordinance No 13 -2002 by title. i AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, • l AMENDING CHAPTER 38, ARTICLE 11, FIRE PREVENTION CODES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING FLORIDA iiirie STATUTE 633.025, THE FLORIDA FIRE PREVENTION CODE AND THE LIFE SAFETY CODE, BY REFERENCE; RENAMING THE CODE; REPEALING ALL PORTIONS OF THE CODE IN I 7 t s i 1 City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2002 Page 6 1 C CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 1 EFFECTIVE DATE. I A motion was made by Mr. Morgan and seconded by Mr. Weber to Adopt Ordinance No. 13 -2002 at second reading. There was no discussion on the item. The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For I 9. Motion to Adopt: Ordinance No. 14 -2002; Amending Code Section 98- 114(0); Streets. Roads And Alleys - Generally, By Deleting The 500 Foot Length Limitation For Dead -End Streets And Cul -De -Sacs. Mayor Randels read Ordinance No 14 -2002 by title. i AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 98- 114(o); Streets. Roads and Alleys — Generally, by DELETING THE 500 -FOOT LENGTH LIMITATION FOR DEAD -END STREETS AND CUL -DE- SACS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Adopt Ordinance No. 14 -2002 at second reading. Mayor Randels expressed his n concern with the City adopting the Florida Fire Prevention and the Life Safety Code according to the Florida Statutes without any provision for input from City government. I Attorney Bennett stated the prudence of this action in allowing the City's code to be consistent with the State Statutes for enforcement purposes. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For Mr. Treverton, For and Mr. Weber, For DISCUSSION: 10. Wastewater Rehabilitation Project Status Report. Mr. Ted Hortenstine presented a handout for the Council. Mr. Hortenstine provided backgound on some phases of the contract, such as spalling in the aeration basins and the clarifiers and settling on a stairway at the oxidation basin. He explained that Brown and Caldwell is the continuing consulting engineer and explained further that the Haskell Company is the primary contractor and Brown & Caldwell is the consulting fine. Mr. Hortenstine stated that the preliminary work is completed. The Haskell Company is building a scaffolding bridge that would be installed by crane and the structural components are being fabricated within the week. He said that the original contract was for six - months ending in September. Mayor Randels explained that what was thought to be an emergency has become routine maintenance. Mr. Hortenstine stated that the problems would still have needed correction within the six -month time frame. REPORTS: i 1. City Manager 9 J 1 1 City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2002 Page 7 j C • Mr. Boucher reported on a water po ter break and related that the City of Cocoa provided information on precautionary boil water measures. The Public Works Director would submit a report on the incident. • Mr. Boucher announced the First Public Hearing on the Proposed Budget on Tuesday, September 3' at 5:30 P.M. • Mr. Boucher stated the need for a meeting to authorize the Recreation Grant for the Banana River Park. A special meeting was called for September 3`' 5:15 P.M. • Mr. Boucher informed that the Police Department submitted a Fact Sheet on the proposed tax increase. • Mr. Boucher announced the fundraiser for the K - dog at Cape View Elementary School, Saturday, August 24"'. T- shirts are on sale for $10.00. 2. Staff Public Works Director • No report. i City Clerk • No report. , AUDIENCE TO BE HEARD: 1 C • Mr. Leo Nicholas expressed that the City has done well to be associated with Mr. Kohn Bennett and his firm. Mr. Nicholas thanked him for his dedication and service to the City. • Mr. Nicholas inquired about the rumor of dispensing with the dune crossovers. Mayor Randels stated that there is a grant for a flat dune on Washington Avenue. Council members concurred that the intent of implementing the grant was an access for emergency purposes on Washington Avenue only. • Mr. Gene Petre announced that Port Canaveral was awarded for its Bicycle/Pedestrian Master Plan. • Ms. Shannon Roberts addressed Mr. Boucher regarding the lighting in the North Atlantic Avenue area. Mr. Boucher responded that staff made an assessment and found 30 streetlights out in the area and Florida Power and Light was notified. • Ms. Roberts also asked when the water line project on Central Avenue would be completed. Mr. Gardulski replied that the project is near completion and repaving would be performed. • Ms. Patricia Patraude expressed her desire that Ms. Fowler work to keep Cape View Elementary School open. Mayor Pro Tem Petsos said that Ms. Fowler has some ideas and recommended that she contact her office. • Mr. Petre asked if there were plans to resurface North Atlantic Avenue from the Port to the traffic light. Mayor Randels responded that no plans were forthcoming and stated that the road is a County Road. Mr. Boucher stated that he has notified the County regarding resurfacing Ridgewood Avenue however North Atlantic Avenue was resurfaced just 10 year ago. City of Cape Canaveral, Florida ' City Council Regular Meeting August 20, 2002 Page 8 I C • Mr. Bill Hanson invited the Council to a S.A.L.T. (Seniors and Law Enforcement , Together) meeting at the Cocoa Beach Area Chamber of Commerce. 1 1 3. City Council Mr. Morgan • Mr. Morgan requested a desk or area for the Mayor and the Mayor Pro Tem in City Hall. Council concurred that Mr. Morgan draft a plan for this concept. • Mr. Morgan inquired about investment funding. Mr. Boucher responded that the City Treasurer opened a Money Market account with Admiralty Bank. • Mr. Morgan asked about a reference to five -foot sidewalks at a Community Appearance Board meeting. He stated that the Boards should be made aware of the code requirements. Mr. Morgan commended Attorney Bennett for his work. • Mr. Morgan expressed his favor on height added to the City Welcome Sign and he expressed that he would like for the Council to proceed with the Beautification Board's plans. 1. Mr. Weber • Mr. Weber thanked the Citizens on Patrol for their work in the City and raising $2,500 for the electronic bracelets. 1 • Mr. Weber asked why he was still receiving paper copies of City Board agendas and emphasized the importance of converting to electronic media and saving resources. 1 • Mr. Weber also thanked Kohn Bennett and his law firm for his assistance with maintaining continuity in legal counsel and bringing Attorney Garganese on board for the duration. Mr. Treverton • Mr. Treverton referred to a summary from the Community Appearance Board in that they are waiting for the Council to choose paint colors for commercial property. He requested that Mr. Boucher relate to the Board that Council is not proceeding with establishing paint colors for commercial property. • Mr. Treverton reported that his neighbors are receiving citations for excessive lighting that impedes the sea turtles. He asked how a private residence could project excessive lighting. Mr. Boucher replied that Code Enforcement is following up on the Po reports. Mr. Morgan recommended issuing a courtesy notice for the first violation. 1 Mayor Pro Tem Petsos • Mayor Pro Tem Petsos requested that the City Manager send a memo as an amendment to the Beautification Board stating that elimination of dune crossovers is not the intent of the City Council. • Mayor Pro Tem Petsos asked if Mr. Boucher had received any response from the Port on the directional signs. Mr. Boucher stated that he was anticipating a response from -° the Port. i ! • Mayor Pro Tem Petsos inquired about the storm water ponding on SR AIA. Mr. Gardulski responded that he had discussed this with the FL Department of 1 C Transportation for action. Mayor Pro Tem Petsos addressed the City entrance sign and said that the intent of the I • Council included a City seal, landscaping and a fountain at a later date. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2002 Page 9 • Mayor Pro Tem Petsos asked if the Fire Chief had input for a memorial for Barry p n'Y McCoy. Mr. Boucher said that he would remind him at staff meeting. • Mayor Pro Tem Petsos reported on an excellent Florida League of Cities conference in Boca Raton stating that much information was gained. • Mayor Pro Tem Petsos expressed his thanks to Attorney Bennett for his wisdom and insight on the City's legal matters. Attorney Bennett said that he would be available as a conflict counsel. • Mayor Pro Tem Petsos announced that he has car wash tickets available to help the Cape View students purchase a K -9 dog. Mayor Randels • Mayor Randels asked about plans for the Bennix dedication at the Washington Avenue Park. Mr. Boucher replied that the City would need to mail invitations to all City Board members. • Mayor Randels stated that paper political signs are not permitted. Mr. Boucher asked if this is a priority of the Council in that staff time is constrained however if they are in the right of way they will be removed. • Mayor Randels reported on the dedication of Mission Bay apartments in Viera that are designated as affordable housing. • Mayor Randels reported that Leesburg is installing underground utility lines at the cost of $160,000 per mile versus $130,000 to maintain the above ground lines. • Mayor Randels announced a new artist at the 160 Polk Avenue address. • Mayor Randels inquired about the Ridgewood Avenue storm water prototype. Mr. c le Boucher related that Mr. Gardulski is working on projects in priority order. • Mayor Randels asked about the sunset of the FRDAP assistance grant. Mr. Boucher responded that the Special meeting on September 3` is to authorize that grant. • Mayor Randels asked for the status on the City Sidewalk Master Plan. Mr. Boucher responded that 3,000 feet were budgeted for next year Mayor Pro Tem Petsos reminded that the City Attomey was researching the feasibility of assessing vacant property owners for sidewalk installation. • Mayor Randels inquired about the Code Enforcement Board case that was found in violation in that he has come into compliance. Mr. Boucher stated that the violator needed to contact the Code Enforcement office. • Mayor Randels inquired about the North Atlantic/ Central Blvd. turn lane. Mr. Boucher stated that he would research for County funding. • Mayor Randels asked about an update on the engineering report for reclaimed water. Mr. Boucher said that a presentation would be made to Council following staff review., N41,1, ti I. R t i daPI pair adjoumed ftrpve eting at 9:45 P.M. 77' ,. 4( :: O Rocky Randels, MAYOR lop ki;40,00,irc.