HomeMy WebLinkAboutMinutes 09-17-2002 Regular CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 17, 2002
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLgGIANCE:
ROLL CALL:
Council Members Present:
Jim Morgan
Mayor Pro Tem Buzz Petsos
Richard Treverton
Larry Weber
Council Members Absent
Mayor Rocky Randels
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Others Present:
Bennett Boucher, City Manager
Anthony Garganese, City Attorney
Susan Stills, City Clerk
Andrea Bowers, City Treasurer
Nancy Hanson, Recreation Director
Ed Gardulski, Public Works Director
Moms Reid, Building Official
PRESENTATIONS:
Fall Beautification Award, Siesta Del Mar
Ms. Mary Jo Laws presented the award to Ada and Chris Mulvey for Siesta -Del -Mar as the
Multi- Family winner of the Fall Beautification Award. Ms. Laws reminded everyone of the 1
upcoming Holiday Beautification Awards that include Residential, Multi - Family and
Commercial property nominations.
Proclamation for Civility Week
Mayor Pro Tem Petsos read the proclamation for Civility Week. Mrs. Kathy Petsos
explained that each year the Interfaith Alliance promotes a week of Civility since the
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2002
Page 2
C r , Columbine High School incident. The Scout Troop has taken the week as a service project
through Cape View Elementary School and sponsors a poster and essay contest in which
the winner of each classroom receives an award. The winning essays are read at a school
assembly. The Troop chose to participate to reinforce some of the many Girl Scout
principles such as self - respect, respect for others and respect for the community.
CONSENT AGENDA:
May Pro Tem Petsos called on Attorney Garganese to read the items on the Consent
Agenda.
Mayor Pro Tem Petsos asked if any Council member, staff member or interested party
desired to remove an item from the consent agenda for discussion.
No request was made to remove an item for discussion.
1. City Council Special Meeting Minutes of September 3, 2002 Approving the
Florida Recreation Development Assistance Program Grant.
2. City Council Special Meeting Minutes of September 3, 2002, Adopting the
Tentative Millage and Budget.
C ie 3. City Council Regular Meeting Minutes of September 3, 2002.
4. Proclamation for Civility Week, September 29 — October 6, 2002.
5. Resolution No. 2002 -33, Re- Appointing Members to the Planning and Zoning
Board.
6. Resolution No. 2002 -34, Re- Appointing Members to the Board of Adjustment.
7. Easement Agreement with Applied Technology Center Investments Parcel
#24-37-2341-0000E.2-0000.00.
8. Resolution No. 2002 -35, Re- Appointing a Member to the Code Enforcement
Board.
9. Resolution No. 2002 -36 Re- Appointing three Regular Members, Appointing
One Regular Member and One First Alternate to the Library Board.
10. Resolution No. 2002-37, Re- Appointing Members to the Recreation Board.
A motion was made by Mr. Weber and seconded by Mr. Morgan to approve Consent
Agenda Items No. 1 through 10. The vote on the motion carried 4-0 as follows: Mr.
Morgan, For; Mayor Pro Tem Petsos, For; Mr. Treverton, For and Mr. Weber, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2002
Page 3
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CONSIDERATIONS:
11. Resolution No 2002 -38, Authorizing an Addendum to the Agreement for Fire
Protection and Emergency Medical Services.
A motion was made by Mr. Weber and seconded by Mr. Morgan to adopt Resolution
No. 2002 -38. The vote on the motion carried 4-0 as follows: Mr. Morgan, For;
Mayor Pro Tem Petsos, For; Mr. Treverton, For and Mr. Weber, For.
12. Resolution No. 2002 -39, Authorizing an Addendum to the Agreement for Law
Enforcement Services.
A motion was made by Mr. Morgan and seconded by Mr. Weber to approve
Resolution No. 2002 - 39. Mr. Boucher stated that the resolution includes changes to the
contract pricing of the multi -year agreement. He responded to Mr. Nicholas that this year's
contract price is $1,680,000. The vote on the motion carried 4-0 as follows: Mr.
Morgan, For Mayor Pro Tem Petsos, For; Mr. Treverton, For and Mr. Weber, For.
REPORTS:
1. City Manager
• Mr. Boucher thanked staff for the visioning session and the goal setting meeting prior
to the budget adoption.
• Mr. Boucher reported that he would be out -of -town from Saturday through Wednesday
and Mrs. Stills would take charge in his absence.
2. Staff
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City Clerk
• No report.
City Attorney
• Attomey Garganese expressed a summary on his opinion regarding, contractors
required to have license to install windows. After excessive review, Attorney
Garganese has not found any verification for a contractor to have a license to install
windows. He stated the exception to the contracting statement as any structure that does
not become part of the affixed window. Attomey Garganese stated that the statute does
not include windows and doors as being load bearing. In his opinion, one does not have to
be a licensed general contractor to install windows. He stated that the Gity -cede Florida
Building Code has jurisdiction over manufacturing and installation requirements. Mayor
Pro Tem Petsos clarified that the permitting process allows for inspecting the
manufacturing and installation requirements. Mr. Boucher stated that he would confer with
Mr. Reid and compile the written requirements.
• Mr. Treverton inquired about Attomey Garganese's response to the paper political sign
ordinance. Attomey Garganese responded that the regulation needed to be done without
discrimination.
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City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2002
Page 4
City Treasurer
• No report.
Building Official
• No report.
Public Works Director
• Mr. Gardulski reported that he attended the Reuse State Conference in Orlando. He
stated that as it stands today the ASR permitting through the Florida Department of
Environmental Protection requires ten to twelve years. Mr. Gardulski related that
recharging the aquifer was another topic. A point of controversy was the gap between the
discharge from the wastewater treatment facility and the intake to the potable drinking
water.
• Mr. Gardulski also attended the Florida Department of Transportation meeting held on
Tuesday, September 10 in Cocoa Beach. He distributed an information sheet on the
Economic Impacts of Access Management Mayor Pro Tem Petsos inquired if the
information stated a position of adverse or not adverse. Mr. Gardulski stated that the
impact did not have an affect.
• Mr. Gardulski also distributed a poster -sized pamphlet on Trees for the Central Florida
Urban Forest.
• Mr. Gardulski pointed out the display boards for A1A landscaping which the Florida
Department of Transportation approved as well as a landscaper. Mr. Morgan inquired if
the City has specified the easements purpose. Mr. Boucher stated that the easements are
multi- purpose. Mr. Gardulski stated that this easement was for 20 -feet and for mufti-
purposes such as landscaping, sidewalks and for underground utilities. Mr. Morgan asked
if a person could mitigate or trade with the easement. Mr. Garduski replied that the
easement is within the 50 -foot setback and would not hinder the property owner. Mr.
Gardulski stated the City Attomey and other legal counsel have reviewed and approved
the easements. Mr. Gardulski outlined the intended landscaping project.
• Mr. Gardulski also presented the display board for the City Hall complex landscaping
concept done by Kathleen Burson of ParTerre Landscaping Concepts. Ms. Burson
prepared a proposal for a concept design for the North Atlantic Avenue sign.
• Mayor Pro Tem Petsos referred to an article in the Orlando Sentinel regarding concern
about reclaimed water microorganisms and asked if this were a topic at any of the
conferences he attended. Mr. Gardulski replied that this was not a discussed topic. Mr.
Treverton asked if the City administers a test for this organism. Mr. Gardulski replied that
testing is expensive and there was no apparent health hazard.
AUDIENCE TO BE HEARD:
• Mr. Nicholas, on behalf of the Veterans of Foreign Wars, thanked the members of Council
and staff who attended the September 11 memorial. He also thanked the
Streets/Maintenance Department for decorating the park.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2002
Page 5
2. City Council
Mr. Morgan
• Mr. Morgan related that Mr. Tim Moriarity inquired about the status of the vacation of the
alleyway on Lincoln and Johnson Avenues. Mr. Boucher responded that Mr. Reid is
following up on the matter.
• Mr. Morgan inquired about the investment reserves. Ms. Bowers responded that money
has been placed in the intermediate bond funds with the Florida League of Cities. Mr.
Morgan said that he had someone he would like for the City Treasurer to speak with and
he would schedule through the City Manager.
• Mr. Morgan asked for the status of the storm water prototype. Mr. Boucher responded
that Mr. Gardulski is currently working on the International Drive baffle box. Mr. Boucher
related that areas that incur major flooding might be good places to begin such a project.
• Mr. Morgan inquired about the sidewalk Master Plan. Mr. Boucher stated the he would
confer with Mr. Morgan on what is being done. Mayor Pro Tem Petsos asked about the
status of an agreement for sidewalks on vacant property. Attomey Garganese replied that
he would respond 30 -days from the last City Council meeting.
• Mr. Morgan inquired about the status for garbage dumpsters used for construction
questioning if Waste Management's contract covers contractors.
• Mr. Morgan inquired about the Mayor's office. Mr. Boucher responded that a workroom
is available between the City Manager and City Clerk's offices. Mr. Boucher also said that
Mayor Pro Tem Petsos expressed concern with renovating the copy room into the Mayor's
office and said that before a Mayor's office is done, he would prefer to see a break room
for City staff to which all agreed.
• Mr. Morgan asked about update on sewer rate increases. Mr. Boucher directed the City
Treasurer to provide the Council an update on the Sewer Fund utility.
Mr. Weber
• Mr. Weber expressed that he was glad to see campaign signs cleared away after the
Primary election
• Mr. Weber announced a Coastal Clean - at Cherie Down Park from 8 A.M. to Noon,
also for cleaning Manatee and Banana River Parks.
Mr. Treverton
• No report.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos inquired about the Council's input for legislative priorities for the
Space Coast League of Cities. Mayor Pro Tem Petsos said that closing the fireworks
purchasing loophole is an item of concem. He requested that the City Manager confer with
Nancy Glass of the League for the time frame to report.
• Mayor Pro Tem Petsos referred to a letter from the Florida League of Cities that
commended Virginia Haas for her computer work with the League.
• Mayor Pro Tem Petsos referred to letter from the Beautification Board regarding the
City sign. Mr. Nicholas stated that the sign should to be moved back and elevated. Mrs.
Judy Hale expressed that due to the sign's placement, there was not much room for
landscaping. Mr. Boucher replied that the Port director was given a copy of Mr.
Nicholas's letter to consider moving the sign. Discussion ensued on the sign's existing
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2002
Page 6
C e placement. Mayor Pro Tem Petsos concluded that the landscape architect would meet
with the Beautification Board and address the landscaping. Ms. Hales related that the
landscape architect said there was little room for landscaping. Mayor Pro Tem Petsos
expressed concern with the sign's visibility if it were moved farther west of its existing
location.
ADJOURNMENT:
A motion was made by Mr. Weber and seconded by Mr. Treverton to adjourn the
meeting: d ,*41,, t The motion carried unanimously.
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