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HomeMy WebLinkAboutMinutes 09-03-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 2002 7:00 PM 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 ethers Present: C e Bennett Boucher, City Manager Anthony Garganese, City Attorney Susan Stills, City Clerk Commander George McGee, Canaveral Precinct Chief Dave Sergeant, CCVFD Nancy Hanson, Recreation Director PRESENTATION: Check for $9,000 from Cape View Elementary School to the Canaveral Precinct for the K -9 Unit Deputy Dexter Rodgers introduced Alicia and Alaina Johnson, who sang "Proud to Be An American." Deputy Rogers thanked Officer Brenda Dean and Lt. Velez for initiating the K-9 Fundraiser effort at the school and thanked Lt. Gary Young for his participation during the event. Officer Dean stated that she worked with Principal Joy Salamone to coordinate this event with teachers and the students. She explained that pre -sale car wash tickets were sold and Ms. Wentzel's class sold the most tickets. She announced that Christina Petsos was the highest car wash ticket seller. Officer Dean acknowledged the Cape View student body for their participation and then introduced Ms. Joy Salamone, Cape View Elementary School, Principal. Ms. Salamone expressed thanks to the Council and the precinct for their work and cooperative efforts with the school. Ms. Salamone then presented a check for $9,000 to Commander McGee of the Canaveral Precinct for the K-9 unit. City of Cape Canaveral, Florida City Council Regular Meeting September 3, 2002 Page 2 C CONSENT AGENDA: } 1. City Council Regular Meeting Minutes of August 20, 2002. Mayor Randels asked if any Council members, staff member or interested party desired to remove the item from the consent agenda for discussion. No response was made to remove the item. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Item No. 1 on the Consent Agenda. The vote on the motion carried 5-0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. ry Treverton, For and Mr. Weber, For CONSIDERATIONS: 2. Donation of SeaDoo Jet Boat for Camp Chance. Chief Sargeant explained that the vessel is owned 50/50 with the Port; however Port Canaveral has purchased a new watercraft. He stated that Camp Chance is now a designated not - for - profit organization and can accept donations. Chief Sargeant also stated that this is a small vessel and a larger vessel is now available for rescue response. A motion was made by Mr. Weber and seconded by Mr. Morgan to donate the surplus SeaDoo to Camp Chance. 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 3. Amending the Recreation Fee Schedule. Mayor Randels reminded that the effort to increase revenue was the product of the efforts of Mr. Ken Small, revenue advisor with the Florida League of Cities. Ms. Hanson stated the last time a fee increase was introduced was 1993. Mayor Randels commented that the proposed fee increase was minimal. Mr. Morgan asked if the amount was adequate. Ms. Hanson replied that there is an abundance of tennis courts in the area and she did not want to over price the service. Mr. Treverton asked for the annual revenue increase total. Ms. Hanson agreed approximately $1,000 and said there are some areas in which a fee increase was not recommended such as racquetball. Mayor Randels reminded that the Recreation Department was not formulated for revenue generation but as a service. Mayor Pro Tem Petsos said that Ms. Hanson based the fee increase on neighboring fees in order to comprise a competitive scale. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to amend the fee schedule effective October 1, 2002. The vote on the motion carried City of Cape Canaveral, Florida City Council Regular Meeting September 3, 2002 Page 3 I , 5-0 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1 4. Amending the Sheriffs Contract. Mayor Randels summarized that this was to appropriate $21,014 for seven stalker units as a line item transfer previously approved in the budget. Commander McGee stated 1 that this is a maintenance item and this would be included with the purchase of new vehicles in the future. Mayor Pro Tem Petsos inquired as to why this was not a line item included in previous budgets. Commander McGee explained that in the past radar units were transferred from one vehicle to another. However, from this point these units would remain in the vehicle. Mayor Randels questioned the additional funds in salaries. Commander McGee replied that Ms. Barker could better explain the accounting. Commander McGee replied to Mr. Weber that there are 9 vehicles at the Port and 14 in the City. [No motion was made.] p The vote carved 5-0 as follows: Mr.. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For y REPORTS: 1. City Manager • Mr. Boucher shared an agenda item from the upcoming County Commission meeting regarding a change to special use permit by Club Lido Cabaret and he requests that the Council ask the County Commission to table the item until the City Attorney and City Planner could review further. Mayor Randels stated that the facility currently has a non- 1 conforming license and desires to change the license from a Special Use Permit to a conforming one that requires a Conditional Use Permit. Attorney Garganese stated that there are two conditions in question: 1) the establishment is attempting to make the non- , conforming use, conforming and 2) to extend the alcohol Conditional Use Permit to Lots 1, 2 and 3. The consensus of the Council is for the City Manager to contact the County Manager regarding an extension of time before further discussion by the County Commission. • Mr. Boucher related that Commissioner O'Brien inquired about recognition for his assistance with the pedway/bike paths as well as the Westside A1A pedway bridge. Mr. Boucher suggested a Mayor's award, proclamation or plaque. Mr. Nicholas suggested an acknowledgement in coordination with the Westside Bridge dedication. ! , 2. Staff 3 City Clerk • No report. i I City Attorney 1 • No report. , c i City of Cape Canaveral, Florida City Council Regular Meeting September 3, 2002 Page 4 toe AUDIENCE TO BE HEARD: • Mr. Leo Nicholas inquired about the status of the reuse water with the City of Cocoa Beach. Mayor Randels replied that there has been no recent correspondence and to date they have not received any water. • Mr. Gene Petre asked about the directional signs toward the City. Mayor Randels replied that the Florida Department of Transportation has been notified. Mayor Pro Tem Petsos requested to see where the lack of communication occurred in that discussion on the sign occurred some three months ago. Mayor Pro Tem Petsos inquired if the City could request FDOT to change the sign to add Cape Canaveral and Patrick Air Force Base, for information purposes and expressed his disfavor with the surrounding circumstances to which Mr. Morgan concurred. 3. City Council Mr. Morgan • Mr. Morgan proposed and distributed two concepts for a office for the Mayor utilizing the current City Treasurer's office space. Mr. Treverton said that he would like a detailed desk plan drawn to scale. • Mr. Morgan related that there is a list of subcontractors in the City ordinance under occupational licenses that holds up permitting for window contractors unless they acquire a general contractor and there is no provision for this. Mr. Morgan stated that he would like to see the City follow the regulations under Section 1 -13, Alternate Code; under Section 1- 15 that states General Penalty and Section 70-89 that show the listing of subcontractors whose license should be empowered to obtain a building permit. Mr. Morgan stated that the City appears to have changed the Alternate Code without authority. Mr. Morgan replied to Mayor Randels that he hires a window and door contractor for installation. Mayor Pro Tem Petsos requested placing this item on the agenda. Mr. Morgan related that there is a movement among the BOAF to change the code that should be done on a legislative basis through Tallahassee. Mr. Boucher replied that the Building Official without his concurrence starting asking window installers to have a licensed contractor. The Building Official stated that he was referring to the Florida Statutes that states a license contractor is needed to make alterations. Mr. Boucher explained that the Florida Building Commission is the only legislative body that can interpret building code. A pronouncement from the Department of Community Affairs stated the technical specifications for installation and the glass is impact rated for their area and then a permit could be issued. Mr. Boucher recommended that the Building Official follow the Department of Community Affairs procedure. The Florida Statute gives the Building Official authorization to interpret Building Code only. Council asked for a legal opinion from the City Attomey for permitting on window installation. Attorney Garganese stated that he would have an answer by week's end. Mr. Morgan stated that he became involved when a window installer asked to hire him as a contractor in order to obtain a permit. Mayor Pro Tem Petsos expressed his concem that no homeowner would be allowed to install their own windows. Mayor Randels concluded that once the City Attorney provides an opinion, City Manager as employer should direct the employee not to require permitting that is not necessary. • Mr. Morgan expressed that a workshop is needed on conflicting ordinances in Chapter 86, 98 and 110 of the City code. Mr. Boucher stated that he would meet with Mr. Morgan City of Cape Canaveral, Florida City Council Regular Meeting September 3, 2002 Page 5 to formulate a package. Mayor Randels reminded that Code Review workshops had been started. Mr. Weber • Mr. Weber announced the Florida Coastal Clean -Up on September 21s 8 A.M. to Noon with a check in at Cherie Down Park. Mr. Treverton • Mr. Treverton reported the lack of a bike path in Cocoa Beach in the Ron Jon's area Mayor Randels replied that Cocoa Beach chose to not participate in the County Impact Fee Program. Mr. Boucher replied that he could write a letter to the City Manager regarding plans to complete the bike path. • Mr. Treverton inquired about the A.A.R.P. employee in the City Clerk's office. Ms. Stills replied that the Brevard Community College office of the A.A.R.P. asked Cape Canaveral to act as host agency to a senior person needing training in an effort to gain permanent employment. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about installing sidewalks on vacant property. Attorney Garganese is working on a list of available options and could provide such within the next 30 days. • Mayor Pro Tem Petsos inquired about water reclamation project status. Mr. Boucher responded that mobilization is in progress and he would send a progress report. • Mayor Pro Tem Petsos announced that he submitted his paperwork and he is qualified to C I; run in the upcoming City Council election. Mayor Randels • Mayor Randels announced that he represented the City at the Cape Canaveral SpacePort Master Plan. This is a joint effort among NASA, the 45'" Wing Command, Florida Space Authority, Canaveral Port Authority, Merritt Island Wildlife Refuge and Canaveral National Seashore. • Mayor Randels reported on the Washington Avenue Park dedication in honor of Mr. Bill Bennix. Mr. Bennix donated $5,000 to the Fire Department for 911equipment • Mayor Randels related that former Mayor John Porter is holding a fundraiser in support of Cystic Fibrosis. He said that he sends letters asking for fund support and wanted to know how the Council could gracefully not reciprocate when the City has asked others to support our causes. Council members suggested that the Council continue to make individual commitments. • Mayor Randels distributed information from the Economics Development Commission. • Mayor Randels announced that the largest staghorn fem in the area that formerly resided in Mrs. Flossie Staton's yard has been moved to the Xeriscape Park. • Mayor Randels related background on an overhang petition application from 127 -129 Ocean Garden Lane that that might require the Council's future attention. The Building Official did not catch the encroachment on the submitted plans. Mr. Boucher stated that the application was a variance request made to the Planning and Zoning Board and the Board of Adjustment because it violated a setback. Mr. Nicholas clarified that there is a two -feet, ten -inch encroachment beyond the required two-feet. Mr. Morgan said that the City's errors and omissions insurance should cover that if that was a mistake of the City ' City of Cape Canaveral, Florida City Council Regular Meeting September 3, 2002 1 Page 6 NW and if they are made to move it then should they not be compensated? Mr. Nicholas stated that the Planning and Zoning Board approved the application, however the Board of Adjustment disapproved it. Mr. Morgan reminded that once the Board of Adjustment made a ruling the petitioner could not return for two years. Mayor Randels replied that the Council is the next step in the appeal. Mr. Morgan said that if the City made the 1 mistake the Certificate of Occupancy should not be withheld but if a modification is i necessary then the City should contact our insurance company and rectify the mistake. I 4 Mr. Nicholas clamed that the petitioner's appeal is with the Circuit Court. Attorney Garganese explained that the Council could not over rule the decision of the Board of I Adjustment and the procedure is that the aggrieved party appeal to the Circuit Court within 30 days of the Board of Adjustment's decision and the aggrieved party could also 1 not retum with the same or a similar petition for two years. Mr. Morgan asked if as a legislative body the Council could allow for a Certificate of Occupancy until the appeal is made with the Circuit Court. Attorney Garganese replied that the Council does not ordinarily intervene as a legislative body. He stated that there are two avenues for a property owner under these circumstances, 1) to appeal the decision to the Circuit Court and attempt to get the Circuit Court to over turn the Board of Adjustment's decision, and 1 2) under a variance situation maybe the property owner has a good reason to petition the City Council to amend the code to permit what the Board of Adjustment would not grant. He stated that the code could be changed if a deficiency exists. Mr. Nicholas responded to Mr. Treverton's question on the Planning and Zoning Board's approval in that although it was not a unanimous decision, the Board felt that the petitioner should not be penalized for the City's mistake. C ouncil agreed by majority to have the City Attorney review this matter. Mr. Nicholas invited the Council to the September 11 event at Noon at the Veteran's Park sponsored by the American Legion Post. ADJOURNMENT: 1 k There being no further business the Chair adjourned the meeting at 8:45 P.M. pCrl+aAYE 4. fl r � ' � ,� R te `# r It " %` Rocky Randels, MAYOR 'i O' i us $t s, ' w S K i i 1 r i s i i