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HomeMy WebLinkAboutMinutes 11-19-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 19, 2002 7:00 PM CALL TO ORDER: MINUTES ROLL CALL: Council Members Present: Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Robert Hoog Others Present: i C Bennett Boucher, City Manager I Anthony Garganese, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director Dave Sargeant, Fire Chief, CCVFD OLD BUSINESS: ORDINANCES: Second Public Hearing: i 1. Motion to Adopt: Ordinance No. 17 -2002; Adopting the Amendments to the Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2001 and Ending September 30, 2002, for second reading. Ms. Bowers explained that the Council would be transferring the final amounts from all four quarters of the budget year into a final transaction. She stated that there were I minimal changes to the budget transfers. Mayor Randels stated that the City received 103 percent more in revenue than budgeted. There were no questions from the Council 1 C on the matter. 1 I 1 I 1 City of Cape Canaveral, Florida t City Council Regular Meeting November 19, 2002 Page 2 Mayor Randels read the title of the ordinance in its entirety. A motion was made by Mr. Weber and seconded by Mr. Morgan to adopt Ordinance No. 17 -2002. 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 PRESENTATION: Larry Weber Mayor Randels acknowledged Mr. Weber for many of his contributions to the City such as, Patriots Park, City -wide clean -ups, planting mangrove trees at the Manatee Sanctuary Park, the Cape Canaveral Volunteers, Brazilian pepper busts, Make a Difference Day, relocating and screening dumpsters, assisting with the soccer field grant, a Sea -Doo for Camp Chance, recycling efforts and trash bash days. Mr. Morgan stated that he has been impressed with Mr. Weber's decisions while on the Council and the work that he has done in the community. Mr. Treverton expressed that Mr. Weber was instrumental in helping the Council reach consensus. Mayor Pro Tem Petsos stated that Mr. Weber was influential in spearheading many City projects. He expressed the hope that Mr. Weber continues with his work in the community. Mr. Boucher expressed that Mr. Weber has been very supportive of the staff. Mr. Weber spoke and related that with the help of staff they were able to clear many dead fish due to a recent red tide. He also thanked Waste Management for their assistance. He stated that he and his spouse would continue to work in the community. Mr. Weber expressed his thanks to the Council, staff, Boards and volunteers. 1 OATH OF OFFICE: Bob Hoog and Buzz Petsos City Attorney Garganese administered the Oath of Office to Bob Hoog and Buzz Petsos. After the Oath of Office, the Chair called for a brief recess. Mayor Randels acknowledged Mr. James Tuggle of Waste Management, Inc. Mr. Tuggle thanked the Council for the opportunity to address the citizens of Cape Canaveral. He told the audience to feel free to contact the company with any questions, comments or compliments. NEW BUSINESS: j BOARD MEMBER INTERVIEW: Walter Schoenfeld, Planning & Zoning Board Mayor Randels related on October 9th the Planning and Zoning Board recommended Mr. Schoenfeld as an altemate member to the Board. Attorney Garganese asked Mr. i Schoenfeld questions such as, if he currently held public office, had contracts with the 1 City or had a family member on the Council. Mr. Schoenfeld replied no to all questions. 1 i 1 City of Cape Canaveral, Florida ' City Council Regular Meeting November 19, 2002 Page 3 r Mr. Schoenfeld responded that he has been a resident since 1995. Mr. Schoenfeld responded to Attorney Garganese's question on what type of development would he like to see in the City of Cape Canaveral, residential or commercial, stating that both are interesting. Mr. Schoenfeld stated that his political related job in the past was relative in 1 his interest to serve on this Board. Mr. Morgan had no questions. Mr. Hoog also had no questions. Mr. Treverton expressed that Mr. Schoenfeld, his neighbor, was very civic - minded and would be an asset to the Board. Mayor Pro Tem Petsos related that he liked the comment in Mr. Schoenfeld's application in that he would give his time and energy to the Board. Mayor Randels expressed that he liked Mr. Schoenfeld's I statement that success can be accomplished by working together. Mayor Randels stated that working together is a key for this community. Mr. Schoenfeld thanked the Council for the time and input and he looked forward to working on the Board. CONSENT AGENDA: Mayor Randels asked if any Council member, staff member or interested party desired to remove an item from the consent agenda for discussion. 1. City Council Regular Meeting Minutes of October 15, 2002. 3. Resolution No 2002 -44; Reappointing Members to the Beautification Board. (J. Hale and E. Mars) 1 : C Mr. Morgan requested to remove Item No 2 for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Consent Agenda Items No. 1 and 3. The vote on the motion carried 5-0 with 1 voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For 1 Mayor Randels, For and Mr. Treverton, For. i 2. Resolution No 2002 -43; Authorizing a Transfer and Assignment of Cable Television Franchise. Jim Platte, of Time Warner, stated that the franchise would transfer cable assets from Time Warner Cable to Advanced Newhouse. Attomey Garganese related that the A company has an incentive program among the employees to rename the entity. Mr. Gene I Pete, resident, asked if the new cable company would transfer a larger percentage of revenue back to the City. Mr. Platte stated that the company would work actively with the City and is a Reindeer Run participant. Mayor Pro Tem Petsos asked if the amount of j years on the franchise agreement could be opened at this time. Attomey Garganese I responded that the decision is to agree to the transfer of assets only and stated that the cable franchise agreement is up for renewal in 2004. Attomey Garganese recommends approval of this resolution in order to roll over all existing issues with the new company. Attorney Garganese stated that Advanced Newhouse is a privately owned corporation. ; C Mayor Pro Tem Petsos stated that he would like to review all franchises in light of finding i 1 City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2002 Page 4 1 C additional revenue sources. Ms. Shannon Roberts asked if there would be any Toss of options or service. Mr. Platte affirmed that no services would change. For the record, Attorney Garganese stated that approximately 4,000 Time Warner employees would continue employment with this transfer. Mr. Platte agreed that there would be no loss of jobs. Mr. Schoenfeld asked if this would allow for other franchise changes. Mayor Randels related transferring cable services is standard practice similar to mortgage holding. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Resolution No. 2002 -43. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For RESOLUTIONS: Resolution No. 2002 -45; Appointing a Ma 4. Motion to Adopt: Resolu pp 9 Mayor Pro Tem. Y Mayor Randels nominated Buzz Petsos as Mayor Pro Tem in Section One of the resolution for a term of one year. a A motion was made by Mr. Morgan and se conded by Mr. Treverton to approve i C Resolution No. -. vote on motion carried 5-0 w fo Mr. Hoog, For, Mr. Morga 45 The n, For, Mayor the Pro Tem Petsos, For; Mayor ith Randels as , For and Mr. Treverton, For I 5. Resolution No 2002 -46; Jefferson Villas — Phase I1, Final Replat. 1 Mayor Randels read the Resolution No 2002 -46. Mr. Hoog stated that he objected to the project when it was first presented to the Board of Adjustment as a special exception. He expressed concern regarding the repercussions from the neighbors and the potential for spot zoning through special exceptions. Mr. Hoog expressed that a special exception is given to a property owner to do something for which the project is not zoned. Mayor Randels requested to place special exceptions on an agenda for further discussion. Mayor Pro Tem Petsos recommended that the Planning and Zoning Board discuss the item first. Mr. Treverton inquired if there were any specific area on which to have the Board focus. Mayor Randels requested that the Board look at J mixed use and well as special exceptions. 1 Mr. Morgan clarified that Mr. Hoog's point might have been for the Council to review this issue. Mr. Boucher pointed out that the Planning and Zoning Board might find the subject matter too broad. Mr. Hoog stated that there are some areas in the City that are too commercial and if special exceptions are allowed to continue it would allow for a spot zoning. He asked for a definitive line between residential and commercially zoned areas. Mr. Jim Hale, Code Enforcement Board, related that he favors commercial going to C residential. Mrs. Judy Hale, Beautification Board, expressed that she thought it a plus to City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2002 Page 5 1 z see diverse kinds of development. Mrs. Lee Vicidomini expressed that people make an informed decision to live in a commercially zoned area. She inquired as to why the opposition? Mr. Hoog expressed that complaints were voiced and he would like to see some control of the development of North Atlantic Avenue. Mr. Boucher replied that he would have the City Planner prepare material for a discussion on special exceptions. Mayor Pro Tem Petsos expressed that he would like for staff to give notice to the people in the area under discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Resolution No 2002 -46. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 6. Resolution No. 200247; To Officially Name Cocoa Palms Avenue, Coconut Street, Rattan Avenue, Sabal Avenue & Sago Circle in the City of Cape Canaveral. Mayor Randels read the title of the resolution. Mr. Treverton asked Chief Sargeant for a report on the attempt to name the streets within the Cocoa Palms Mobile Home Park. Chief Sargeant related that some residents were receptive and some were against. Chief Sargeant replied to Mr. Treverton that the r resident's participated in naming the streets. Chief Sargeant said that the residents could A C continue to use their existing address for one year. Mayor Pro Tem Petsos inquired if the City would pay the cost of the signage. Mr. Boucher noted that a volunteer project to number the units would occur. Council agreed by majority to pay for the street sign installation. Attorney Garganese stated that the action is legal in that it is a valid municipal purpose. Council directed staff to order and install the street signage. A motion by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Resolution 2002.47. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 7. Emergency Medical Services Cost Sharing Agreement with Brevard County. Mayor Randels stated that Chief Sargeant successfully negotiated an increase that would be shared with the Port. Chief Sargeant provided background on the First Responder Agreement that began in 1998 -99. He explained that once in the Emergency Medical Service business the County began assessing residents through their property tax bill. Chief Sargeant related that they now receive a certain amount of funds through the County. Since '1998 no raise was given, however this year the Space Coast Fire Chiefs j C Association recommended 10% from the County. Chief Sargeant reminded that in the I 1 1 1 i 1 A City of Cape Canaveral, Florida City Council Regular Meeting 1 November 19, 2002 Page 6 C previous year the City received 37.5 percent of this share and the Port received 62.5 percent. He said that the share increase would rise from $20,000 to $30,000. Chief Sargeant stated that the main objective in getting this money back was to get all of the cities implementing Advanced Life Services (ALS). Since 1998, County -Wide 19 ALS units have been added. He explained that Basic Life Support (BLS) includes Emergency Medical Technicians and defibrillation and Advanced Life Support provides comparative service to an ambulance, such as providing drugs, using advanced defibrillation and performing electrocardiograms. Mayor Randels pointed out that 1,243 emergency calls were made this past year. Chief Sargeant related that this year the County would station a second ambulance on the beach. The existing ambulance 1 is responding to, from 17 to 25 calls per day. Mayor Pro Tem Petsos inquired about the $6,000 consumables and asked if that cost would be divided with the Port. Chief Sargeant affirmed that the cost is divided. There would be an increase in the $3,000 cost next year however the City would also acquire additional $6,000 revenue back from the County. Mayor Pro Tem Petsos commended him on acquiring the second ambulance on the beach. Chief Sargeant explained the Automatic Extemal Defibrillator in that the equipment is simplistic enough for a novice user to assist in emergency response. i i A motion was made by Mr. Morgan and seconded by Mr. Hoog to approve the Emergency Medical Services Cost Sharing Agreement with Brevard County. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, j For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For DISCUSSION: 8. Sewer Rates. Ms. Bowers stated that she received a proposal from Burton and Associates that she distributed to the Council. She also stated that the proposal was at a cost of approximately $16,000 to analyze costs in order gain revenue in the Sewer Fund. Mr. Morgan asked to discontinue discussion until the next Council meeting when more information is available. REPORTS: 1. City Manager • Mr. Boucher reported that with the passage of the police referendum, amendments are needed to the Law Enforcement Services contract. He distributed cost information for Council's review. Mr. Boucher related that the Public Service Aide would perform limited Code Enforcement on a trial basis for evaluation. The contract amendment would be prepared for the next meeting. • Mr. Boucher announced additional deputies stationed in the overpass area to enforce the 35 mile - per -hour speed limit. • Mr. Boucher reported on what the Port planned to discuss in their meeting: the land use study and also consideration of the Sheriff's contract. ,,,, c 9 i , 3 i J City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2002 Page 7 1 • Mr. Boucher also reported that Ms. Shannon Roberts would work with the City Manager's office and NASA to acquire another space shuttle in front of City Hall. • Mr. Boucher related that the Port is near completion of the overpass project with the Department of Transportation. If the City performs landscaping after that time, it would require permits from the Department of Transportation. Mr. Gardulski stated that the existing sign could not be moved without breaking. Mr. Morgan I stated that this is the reason for proper permitting from the City and asked if plans were available to which Mr. Gardulski affirmed. Council requests that the Port to complete its portion of the sign to their original plans and the City would proceed from that point. Mayor Randels stated that the Port would stabilize the area and install sod. Mr. Nicholas asked if the Council would require Stottler, Stagg to develop a new concept plan for the sign. Mr. Treverton expressed that he would like to see the Beautification Board determine a cost for the sign. Mr. Gardulski restated that structural drawings are available for Council's review. • Mr. Boucher reported on the Fairvilla Al A beautification project concept in I exchange for a sign on the entranceway to the City. Mr. Morgan reminded of a previous concem in that altering the contract would jeopardize the settlement 1 agreement. Attorney Garganese replied that this would not compromise the settlement agreement. Mr. Boucher stated that this item would be placed on the Council meeting agenda in December. Mr. Gardulski reminded that an easement might be necessary on the Fairvilla property. • Mr. Boucher reported on the Club Lido application. The City Attorney and the City Planner are compiling a white paper study and they need Council's instruction on how the City would present its opinion. ,4 • Mr. Boucher reported that the Reindeer Run is progressing well and will be held on Saturday, December 14 1 • Mr. Boucher reminded that the City has installed the new holiday banners and decorations. Mayor Randels asked for trees trimmed near the poles. 2. Staff City Attorney • Attomey Garganese reported that his staff has compiled a new Code Enforcement compliance manual that outlines rules and procedures and includes new forms, notices, orders and proposed motions for various situations in Compliance with Chapter 162. • Attomey Garganese reported that he sent the City Manager a copy of a legal opinion on bicycles. Generally, he believes that the City Council would have some authority to adopt some regulatory scheme to license bicycles, however based on his inquiry no other City currently licenses bicycles. Secondly, bicycles when driven on the City roadways are subject to the Uniform Traffic Laws and subsequent to State law children under 16 must wear a helmet. Mayor Pro Tem Petsos asked if there is a separate area that addressed motorized bicycles. Attomey Garganese replied that he could not address that issue without reference to the opinion. • Attomey Garganese also reported on some of the upcoming ordinances: 1 o Such as the proposed amendment to Chapter 110 regarding Landscaping and Parking in C -2 zoning; o An ordinance regarding Public Notice Requirement to Special Exceptions and ' c Variance Applications. 1 City of Cape Canaveral, Florida City Council Regular Meeting eN November 19, 2002 Page 8 o An ordinance to establish and release Code Enforcement Liens. When the Code Board establishes a lien on a property, such liens when recorded belong to the local governing body. He is proposing a two-step procedural process in that the City Manager can sign to release said lien if the applicant chooses to pay in full; if the applicant chooses to reduce a lien they would have to come before the Code Enforcement Board who would make a recommendation to the City Council for a decision on whether to accept the reduction. o Attorney Garganese reported on the concept of recouping the cost of sidewalk installation for new development. The basic requirement is for new developments to construct sidewalks along the frontage. Prior to the vacant property being developed, the ordinance would read that the City could construct the sidewalk at the City expense. Upon completion of the sidewalk by the City having the City Manager certify the cost of the sidewalk to the City Council and the City Council adopt a resolution agreeing to the cost incurred. In addition in the resolution, if multiple properties are involved, the city will proportionately allocate the expense to the properties that have received the benefit of the sidewalk. At such time that the property is developed, the property owner would be required to pay as an impact fee the cost that was certified by the Council as an improvement. With one reasonable additional requirement, in the case where the property owner needed to modify, repair or replace the sidewalk then the developer would be reimbursed for that cost. Mr. Treverton expressed concem with a developer destroying the sidewalk as part of construction. Attorney Garganese replied that the City would be repaid for the cost. Attorney Garganese referred to the Mayor's concem in that the City would install a sidewalk without the benefit of a site plan. Ms. Lee Vicidomini expressed a perceived discriminatory practice toward those who do not have development on a piece of property. She stated that she did not see this as equitable. AUDIENCE TO BE HEARD: • Mr. John Jordan inquired about the status of the feral cat ordinance. Mayor Randels explained that the City Council would need to discuss the issue as a collective body. Mr. Jordan asked for any support that this governing body could show. Mr. Treverton asked Mr. Jordan for a written statement. Council members asked Mr. Jordan to supply documentation to the City Manager. • Mr. Gene Petre thanked Mr. Gardulski and Mr. Boucher for their time to answer questions. • Mr. Gene Petre asked whom he could speak to about a park to play professional horseshoes. Mr. Petre was directed to contact Nancy Hanson, Recreation Director. • Ms. Vicidomini related about plans to have a clambake and asked if there were an open fire ordinance. Chief Sargeant stated that there is a state statute that prohibits open buming during turtle season, however he enforces the Council's desire that does not permit open flame cooking on the beach. 3. City Council Mr. Morgan C • No report. City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2002 Page 9 C Mr. Hoog • Mr. Hoog thanked the electorate for the opportunity to serve. Mr. Treverton • Mr. Treverton asked to place the City Manager's evaluation on the next agenda. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos distributed the Space Coast League of Cities priorities for the upcoming Legislative delegation. • Mayor Pro Tem Petsos expressed that the Port was contemplating their own Law Enforcement service. ADJOURNM Ltl The C at 10:00 P.M. L ' c.,V„,, f *� r ( /� � � V"- ; .° . R ocky R andels, YOR '' Susan . • 1 ' ` t "' C E i (6"19 ty' * - 1 1 f I g s i rr i C , i f F.