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HomeMy WebLinkAboutMinutes 10-01-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 1, 2002 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Virginia Haas, Administrative Assistant Ed Gardulski, Public Works Director Morris Reid, Building Official CONSENT AGENDA: 1. City Council Special Meeting Minutes of September 17, 2002, Adopting the Millage and Budget. 2. City Council Regular Meeting Minutes of September 17, 2002. 3. Reallocation of Purchase Order Funds, Sanitary Sewer Line Cleaning and Televising, Griner's Pipeline Services. 4. Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673. 5. Design of International Drive Baffle Box by Stottler, Stagg and Associates. 6. Outdoor Entertainment Permit for the Traveling Skate Park. c City of Cape Canaveral, Florida City Council Regular Meeting October 1, 2002 Page 2 7. Special Outdoor Entertainment Permit for the Halloween Dance. sr Mayor Randels requested if any Council member, staff member or interested party desired to remove an item from the consent agenda for discussion. Mr. Morgan requested to remove consent agenda item three for discussion. Attorney Garganese requested to remove consent agenda item two for discussion. A motion was made by Mr. Weber and seconded by Mr. Morgan to approve Consent Agenda Items Number 1, 4, 5, 6, and 7. The vote on the motion carried 5-0 as follows: Mn Morgan, For Mayor Pro Tem Petsos, For; Mr. Treverton, For and Mn Weber, For Attomey Garganese clarified that page 3, line 7 should read the "Florida Building Code" has jurisdiction regarding installation of window codes. A motion was made by Mr. Treverton and seconded by Mr. Weber to approve Consent Agenda Item number 2 with the Attorney's requested change. The vote on the motion carried 5-0 as follows: Mr. Morgan, For Mayor Pro Tem Petsos, For Mr. Treverton, For and Mn Weber, For Mr. Boucher responded to Mr. Morgan that the City budgeted $200,000 for the sewer line investigation through two purchase orders and an employee went beyond budget. Mr. Gardulski recommended canceling the Purchase Order 2166 in the amount of $142,000 for sewer lining and manhole repairs and to allocate these funds toward the cleaning, televising and smoke testing activities. The Purchase Order 2167 will be canceled and a new Purchase order will be issued reflecting the cleaning, televising and smoke testing of 82,495 linear feet of sanitary sewer for the amount of $136,116.75. All work was completed within allowed budgeted funds. As of this date none of the $200,000 has been expended. Any additional maintenance will be budgeted next fiscal year. Attorney Garganese explained to Council that the City had an employee authorize a purchase order that could not be modified verbally and the city has sovereign immunity against payment of this overcharge. Mr. Morgan expressed being fair. Mr. Treverton stated that Griner's Pipeline has been a good contractor for the City. Mayor Pro Tem Petsos stated that the employee had good intentions and the City Manager has already met with the Employee. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item Number 3. Mr. Nicholas stated that the authorization was not caught and procedures may not be clear. Mr. Boucher replied that Mr. Gardulski had conducted an internal investigation, the employee was disciplined and measures were adopted to prevent future problems. roe 1 City of Cape Canaveral, Florida City Council Regular Meeting October 1, 2002 Page 3 Vote on the motion carried 5-0 as follows: Mr. Morgan, For, Mayor Pro Tem Petsos, For Mr. Treverton, For and Mr. Weber, For. RESOLUTION: 8. Resolution No. 2002-41; Adopting the Final Plat of Ocean Gardens, Wave Ill; John Baker, Applicant. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Resolution No. 2002 -41. The vote on the motion carried 5-0 as follows: Mr. Morgan, For Mayor Pro Tem Petsos, For Mr. Treverton, For and Mr. Weber, For. DISCUSSION: 9. Legislative Priorities for the Space Coast League of Cities. Mayor Pro Tem Petsos stated that we have beach re- nourishment however he would like to work on closing the loop hole on fireworks and sending a form letter along with other cities concerns to legislative delegations. Council tasked the City Manager and City Attorney to draft a proposal for review by Friday. 10. Support of the Florida League of Cities Challenge to the Presumption Bill. �r PPo Mr. Boucher explained the Presumption Bill in that should a police or fire employee have a pulmonary incident it could be construed as work related and covered by worker's compensation. Attorney Garganese further explained that the Florida League of Cities is challenging the law as adopting an unfounded un- funded mandate and violating the single subject requirement. Mr. Treverton stated he believes this should occur on a case -by -case basis. Mr. Morgan asked if there is a provision for a remedy? Mr. Boucher responded that under this legislation the employee is presumed covered. The Council agreed to send a letter of support to the Florida League of Cites but not to take part in a lawsuit. Mr. Nicholas questioned the extent of increase in insurance? Mr. Boucher responded that this remains to be seen. REPORTS: 1. City Manager • Mr. Boucher reported that the next meeting would contain many agenda items from the Public Works Director. Mayor Randels reiterated that Council owes the City Manager an evaluation this year for the next meeting. • Mr. Boucher reported on the city entrance site. • Mr. Boucher reported on the Florida League of Cites article on the City's technology. • Mr. Boucher reported on the addition of the Zoning and Future Land Use maps to the Interactive Regulations Program. City of Cape Canaveral, Florida City Council Regular Meeting October 1, 2002 Page 4 C v . • Mr. Boucher pointed out the exhibits from the Beautification Board regarding City Hall landscaping plan and asked that they consider the Space Shuttle be included within the plan. City Clerk • City Clerk's Office reported that much City Government information has been gathered from various City Departments and will be displayed at the Cape Canaveral Library and City Hall throughout the month of October for City Government Week. The City Clerk is in contact with Cape View Elementary preparing for the mock City Council Session with the students. City Attorney • Attorney Garganese reported that Fair Villa would like to propose an amendment to the sigwcede settlement agreement and present this to City Council inclusive of A1A landscaping enhancements. Council agreed to meet with Fair Villa at a possible November Council Meeting. Building Official • Mr. Reid reported on the current projects in the area There was some discussion about hotel timeshares renting by the night. Mr. Nicholas inquired about the water park. Mr. Reid explained that it was not an amusement park but a large swimming pool available for guests only Mr. Boucher requested that Mr. Reid provide Council with a re-cap of the Cape Caribe project Cif Public Works Director • Mr. Gardulski reiterated the heavy upcoming agenda schedule and requested Council to review items prior to the next meeting. He related that there would be ten items which include A1A landscaping improvements, street sweeping, City hall landscaping, Beach End costs, and Prime path sidewalks. Mr. Gardulski requested Council to utilize the provided digitized map by marking comments and suggestions where sidewalks would like to be planned. He will also be presenting concept plans for the north entrance sign and the Sewer Shp lining program footage and which streets they will line. • Mr. Gardulski reported that the Street Department is working on tree planting for the next year. • Mr. Gardulski also noted that a budgeted vehicle over the requested $20,000 would be on the next agenda as well as a request for an additional vehicle replacement. AUDIENCE TO BE HEARD: • Mr. Gene Petre requested information regarding addressing problems in the City. Mr. Boucher responded that there would be an initial test case utilizing Cocoa Palms trailer park and staff will be attending an October 10 meeting to discuss roads to be renamed. Mr. Boucher invited City Council to attend the Meeting at Cocoa Palms Trailer Park in the Community Room at 10:00 AM. • Mr. Petre inquired about the sidewalk program and questioned who pays for additional sidewalks? Mr. Gardulski explained that some are budgeted and Council is considering an ordinance to install sidewalks on vacant Tots. Mayor Randels further explained that builders are required to install sidewalks and said that sidewalks for schools, county or state roads are paid for by taxes. Mr. Boucher responded to Mr. Petre City of Cape Canaveral, Florida City Council Regular Meeting October 1, 2002 Page 5 that permit fees have come close to half a million, impact fees possibly over one million. P Po Y Mr. Petre inquired about plans for a new city hall to accommodate the growth of the city. Mr. Boucher responded that additional workshops would have to be conducted to consider these plans. • Ms. Shannon Roberts inquired about the state of Central Ave. Mr. Gardulski responded that the City of Cocoa is waiting for Florida Department of Environmental Protection dearance on the lines then the paving will begin. Ms. Roberts asked about the concem of the overpass not indicating the City of Cape Canaveral. Mr. Boucher responded that City Council requested the State of Florida to add the City of Cape Canaveral and PAFB to the overpass sign. The City of Cape Canaveral and Cocoa Beach, the two nearest municipalities, would be added to the overpass sign. Mr. Boucher will inquire as to the timeline for the project Ms. Roberts voiced her concem regarding the height and the curve of the north entrance sign. 2. City Council Mr. Morgan • Mr. Morgan inquired about the Lincoln Avenue easement. Mr. Reid responded that the City Attorney was working on this and had requested survey and site plans a month ago. • Mr. Morgan requested the status of the money market fund. Mr. Boucher responded that Ms. Bowers would be compiling another report for the period ending September 30, 2002. • Mr. Morgan questioned commercial dumpsters. Mr. Boucher responded that negotiations are ongoing and they are looking at what City of Cocoa has in place. • Mr. Morgan inquired about the Mayor's office. Mr. Boucher responded that more discussion was needed and submitted that the Annex could be used once established with Internet access. There was continued discussion on a plan for the Mayor's Office. • Mr. Morgan requested revisiting the concurrency evaluation regarding project units under four units being consistent. Mr. Morgan will forward a memo of concerns to the Planning and Zoning Board for review. Mr. Weber • Mr. Weber nominated Mayor Randels for the Economic Development Commission Board and all Council Members concurred. • Mr. Weber reported the September 21st cleanup at Cherie Down Park where 145 people volunteered. • Mr. Weber reported that Nick's Lawn service was not picking up litter when cleaning A1A as required in their contract. • Mr. Weber reported the October 26"' Make a Difference Day at the Public Works Facility where a pepper bust and clean up around the fence will be held. Mr. Weber requested approval for the use of a chipper, city employee and a Pathfinder. • Mr. Weber announced an additional pepper tree clean up during October or November and needing approval of above items on that future date as well. • Mr. Weber advised that he might not be in attendance at the October 15"' meeting. Mr. Treverton • Mr. Treverton mentioned the referendum for Police to which Mr. Boucher responded that a fact sheet is being completed for distribution to citizens along with an article for the City of Cape Canaveral, Florida City Council Regular Meeting October 1, 2002 Page 6 weekly paper. Mayor Pro Tem Petsos recommended giving the article to the Sheriff who could then release it to the newspaper. Mr. Treverton requested a sample flyer to review by next council meeting and e-mail prior if possible. • Mr. Treverton mentioned the 500 foot radius zoning change. There was some discussion regarding when notification should occur. Mr. Robert Hoog stated that he would prefer notification prior to Planning and Zoning Board Meeting. Council suggested one notice is sent prior to the Planning and Zoning Board allowing the citizen follow through time. Council g requested Attomey Garganese to write a proposed ordinance to notice property owners via certified mail prior to the Planning and Zoning meeting to allow adequate time • Mr. Treverton commented on the City Web Site and the minutes being posted in a timely manner. He requested discontinuance of paper copies for Council Members. • Mr. Treverton commented and praised reuse usage. • Mr. Treverton thanked the City Attorney for the valuable opinions on sidewalks and the cable franchise agreement information. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about funding options for sidewalks suggesting back charging vacant lot owners. Attorney Garganese will research other cities and it will be placed on the next agenda. • Mayor Pro Tem Petsos reported on an article in the paper regarding beach re- nourishment and funding by the Federal Govemment. He requested that Mr. Boucher C e gather more information for review. Mayor Randels • Mayor Randels requested the City Manager's evaluation be scheduled for the next City Council Meeting and each Council Member would complete their individual evaluation and discuss with the City Manager prior to the review. • Mayor Randels requested the status of employee evaluations. Mayor Pro Tem suggested a bottom up anonymous evaluation of the City Manager, which would be turned into the City Attorney for review. Council agreed to consider this at a later date. • Mayor Randels passed the Bennix Park Dedication Plaque to Council. • Mayor Randels thanked the City Attomey for the information he was providing to Council. • Mayor Randels announced that the City of Cape Canaveral has been a member of the Chamber of Commerce for 29 years. • Mayor Randels reported on the trolley schedule in laminated plastic. • Mayor Randels reported on the City of Cocoa's rising water rates. Attomey Garganese submitted that Cocoa City Council would consider a variety of fees involving water next Tuesday. • Mayor Randels reported on the approval from Florida Department of Transportation of the City of Cape Canaveral name to be placed on the North entrance sign. • Mayor Randels inquired the expected date of extending the middle tum lane on A1A to the new overpass. Mr. Boucher replied he would follow up with the Department of transportation. rti'w City of Cape Canaveral, Florida City Council Regular Meeting October 1, 2002 Page 7 ' cp,i • corn Mayor Randels recognized and complimented Councilman Weber who had established Y 9 p Cherie Down Park in the City of Cape Canaveral as an International Blue Wave Beach. • Mayor Randels reported on the Independent Coastal Expert (I.C.E) final report I presented to Brevard County Commission by the U.S. Corps of Engineers at Viera. Findings were that the Federal Govemment should pay entire cost of the first 9.4 miles south of the Port since the Port caused the erosion. • Mayor Randels reported that at the recent Florida Shores and Beach Conference the , main presentation was on the installation of sand fence by volunteers in the City of Cape Canaveral. • Mayor Randels reported on two new businesses established in Cape Canaveral who were recognized at the Economic Development Commission Annual Industry Appreciation Banquet. Attomey Garganese introduced Jeff Buak, Assistant City Attomey and thanked him for his legal research. ADJOURNMENT: There beir, r business the meeting adjourned at 9:15 P.M. fi elittoipav e N y As Ce { 5 f'A� Ate / \ ^ /�' /1 [ 5 -, , , . - q — ,, CRO c...V., fL °'' Rocky Rande, MAYOR t ill O i l0 Virgi ` • �` NG SECRETARY $4, So �,� . * I i[ � 2 3 (00 i i I 1 1