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HomeMy WebLinkAboutMinutes 12-03-2002 Regular • CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 3, 2002 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Robert Hoog Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney I C Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director BOARD MEMBER INTERVIEW: A motion was made by Mr. Morgan and seconded by Mr. Treverton for an add -on item for the City Attorney to interview Mr. Lars Holfve for the Code Enforcement Board. 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. Lars Holfve, of 350 Taylor Avenue, introduced himself and stated that he has been a resident for four and one -half years. He also stated his qualifications as a State Certified Contractor, State Certified Roofing inspector and Condominium Association Management licensee. He has made civic efforts with the Chamber of Commerce and the Kiwanis Club. Mr. Holfve responded to Attorney Garganese that he is not a registered voter and he does not hold any public office. Mr. Holfve holds no contracts with the City; nor does he have any relatives working for the City. Mr. Holfve stated that he did not have any problem with imposing a fine however he would excuse himself if a conflict of interest should exist on imposing a fine on a fellow businessperson. Mayor Randels replied to Mr. Hoog that the position is an alternate one. Mr. Hoog stated that he worked with Mr. Halve for seven or eight years and expressed that he would be an 1 City of Cape Canaveral, Florida City Council Regular Meeting December 3, 2002 Page 2 C asset to the Board. Mr. Holve responded to Mr. Treverton's question on why he Chose the Board in that the Code Enforcement Board had a vacancy in his general area of interest. Mr. Morgan said that he would be an excellent choice for the Construction Board of Adjustments. Attorney Garganese advised that Mr. Holve could not serve on two quasi -judicial Boards. Mayor Pro Tem Petsos said that he encouraged code board cases to come into compliance prior to the fining procedure. Mr. Holfve agreed and said that he too would like to see cases come into compliance and stated that fining is a compelling measure. Attorney Garganese replied to Mayor Pro Tem Petsos that Florida Statutes requires residency and not registered voter status to serve on the Code board. The statutes also state that the Board composition includes a general contractor, subcontractor or businessperson and Mr. Holfve fits those requirements. Mayor Randels stated the next step in the process is to place a resolution on the next City Council meeting Consent Agenda on December 17 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. j No request was made to remove an item from the Consent Agenda for discussion. - C 1. City Council Regular Meeting Minutes of November 19, 2002. 2. Resolution No 2002 -48; Appointing an Alternate Member to the Planning and Zoning Board. (W. Schoenfeld) 3. Approval of Employee Christmas Bonuses. 4. Approval of Outdoor Entertainment Permit for 7"' Annual Reindeer 5K Run!Walk For United Way of Brevard County. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve Consent Agenda Items No. 1 through 4. 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. ORDINANCES: First Public Hearing: 5. Ordinance No. 18 -2002; Amending Code Sections 110 - 46,110 -62 and 110 -137; Notice Procedures for Special Exceptions and Variances, for second reading. Mayor Randels read Ordinance No. 18 -2002 by title. I City of Cape Canaveral, Florida , C City Council Regular Meeting December 3, 2002 Page 3 AN ORDINANCE OF THE CnY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110 - 46,110 -62 AND 110 -137; PROVIDING FOR NOTICE TO AFFECTED PROPERTY OWNERS IN LAND USE MATTERS; ESTABUSHING PROCEDURES TO PROVIDE NOTICE; PROVIDING FOR THE REPEAL OF PRIOR CONFUCTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVRABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Petsos inquired about the 15-day notice requirement referred to on Page 33, Section 2a, Subparagraph (3). He asked if 15 days was enough time prior to the meeting for staff to notify affected property owners? Mr. Boucher responded that the length of the property owner's list would dictate staffs time. Mr. Morgan stated that the time might need to be extended to 30 -days. Attorney Garganese replied that if the Council directs 30- days notice for special exceptions, the same provision would be made for variances and zoning changes. Attorney Garganese made one point of clarification in that the notice under Subparagraph 6 is to the Board of Adjustment. The ordinance is proposing 15 -days for the Planning and Zoning Board when they make recommendation to the Board of Adjustment and property owners names must be provided. Attorney Garganese stated that there is another requirement that the Board of Adjustment hearing cannot occur unless Public Notice is given 15 -days in advance of the meeting and notice is given through legal advertising. Mayor Pro Tem Petsos suggested 30 -days for the Planning and Zoning Board and 15 -days for the Board of Adjustment. Mayor Randels summarized the change in Section 110-46 as 30 days versus 15 -days notice prior to the Planning and Zoning Board meeting and Section 110 -62, for the board of Adjustment to remain as -is. * C A motion was made by Mr. Hoog and seconded by Mr. Morgan to approve Ordinance No 18 -2002 for second reading. The approval was considered as motioned with the changes discussed. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For Mayor Pro Tem Petsos, For and Mr. Treverton, For. RESOLUTIONS: 6. Resolution No. 2002 -49; Addendum to the Sheriff's Contract for Additional Personnel and Equipment. Ms. Deborah Barker, Finance Director for the Brevard County Sheriffs Office, came before the Council for any questions on the amended budget submittal that includes an additional K-9 position and an Agent/Sergeant. The original budget included one grant deputy and the amended budget would include two additional positions. Ms. Barker stated that when the presentation was done, the Public Service Aide [PSA] was presented as a civilian position used in order to alleviate paperwork on the deputies. Ms. Barker stated that the City questioned the use of the PSA for Code Enforcement duties and the position might need to be deferred until a job description could be formalized for review. Lt. Gary Young stated that a PSA is a good position to train a future deputy. The person is trained in how to write police reports and crime scene processing. This position is a civilian non -high hazard person who works at a lower rate of pay than a deputy but who is interested in law C enforcement. Mr. Treverton asked about the pay rate. Ms. Barker replied $9.28 per hour. City of Cape Canaveral, Florida City Council Regular Meeting December 3, 2002 Page 4 Mr. Morgan asked if the position was in -house or a field position? Lt. Young replied that the PSA could work in the field but performs duties in a supervised setting. Ms. Barker replied to Mayor Randels that without the PSA there is a difference of $198,000 in the approved budget. Mr. Boucher stated that the costs in the addendum reflect the PSA. Mayor Pro Tem Petsos said that he chose to see a breakdown on the K -9 in an effort to ensure that Cape View Elementary School receives recognition for the fundraiser done to obtain the K-9 dog. Mayor Pro Tem Petsos also inquired if the job description differences could be worked out in order to acquire a PSA. Mr. Boucher stated that Lt. Young needed to review the code enforcement tasks with his chain -of- command. Council agreed that a PSA position was a needed one Lt. Young responded to Mayor Pro Tem Petsos that the Port did not choose to use a non -swom person in that the Port is required to comply with Federal seaport standards. Lt. Young replied to Mr. Hoog that PSA's are not used in hazardous situations. Lt. Young responded to Mr. Morgan that PSA's do not wear a badge or carry a weapon. Lt. Young responded to Mr. Treverton that the probationary period is for one full year with quarterly evaluations. Mayor Randels pointed out the City is increasing to two deputies over last year. Ms. Barker stated that the three positions are: one road patrol deputy; one Agent/Sergeant and; one K -9 person and she also mentioned that the K -9 position does not count the dog. Mr. Boucher clarified that funds would be appropriated from the General Fund reserve to accommodate this request. He also said that one -half mill is committed from the one -mill approved in the referendum. Mr. Hoog inquired about the function of the K -9. Lt. Young replied narcotics prevention also as a patrol dog. Mayor Randels read Resolution No 2002 -49 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Nicholas asked why a PSA was considered to take over the functions of the Code Enforcement Officer. Mr. Boucher replied that some components of Code Enforcement such as Vehicle Identification are relative to the PSA. Mr. Nicholas inquired about a person not focused on City code stating that the person would not have the knowledge of a City employee. Mr. Petre concurred that a PSA's training is relative to law enforcement. Mayor Randels summarized that the Council has not expressed a consensus on using a PSA for code duties. A motion was made by Mayor pro Tem Petsos and seconded by Mr. Morgan to approve Resolution No. 2002 -49. 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. 4r; { `x. City of Cape Canaveral, Florida City Council Regular Meeting December 3, 2002 Page 5 C CONSIDERATIONS: 7. Cooperative Purchase of Beach End Landscaping with Vila and Son Landscaping, Inc. in the Amount of $40,472. Mr. Gardulski replied to Mayor Randels that he negotiated pricing with the contractor and he reduced the number of three - gallon pots and increased the number of one - gallon pots to reduce costs. Mayor Pro Tem Petsos expressed concern with the $7,000 price decrease and also expressed that he desired pricing from another contractor. Mr. Gardulski responded to Mr. Hoog that this is a cooperative purchase with Seminole County who is performing the Al A project. Mayor Pro Tem Petsos stated that some of the beach ends did not appear to get palms. He expressed that in the future he would like to see the City go out for bid in order to get the best cost to which Mr. Morgan concurred. Ms. Judy Hale said that following the Board's review, her impression was that the beach ends would be somewhat uniform and include the palms. Ms. Hale affirmed to Mr. Hoog that the Board members were privy to the landscape planning for the beach ends. Mr. Treverton asked how much directional planning would the contractor receive? Mr. Gardulski stated that the Public Works Supervisor would assist with the actual planting concept. Mr. Hoog expressed concern with the omission of palm trees on three streets. Mr. Gardulski stated that the intent was to salvage some of the existing landscaping. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Cooperative Purchase of the Beach End Landscaping with Vila and Son Landscaping, Inc., in the amount of $40,472. 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. 8. Review and Approval of the City Hall Complex Landscaping Plan. Mayor Randels summarized that if the Council concurred with the City Hall Complex Landscape Plan, the project would then proceed to the bid process. Mr. Nicholas stated the Board's recommendation to perform the project in phases. Mayor Randels asked if the bid documents could be written in phases. Mr. Gardulski replied that the tabulation sheet could be written in sections or phases. He stated that he could reduce some of the cost for this project by connecting it to the AlA project. Ms. Hale expressed the Beautification Board's rationale in performing the project in phases, in that the project could begin and not wait for installation of the model shuttle. Mr. Hoog inquired about the $30,000 budgeted from the Al A project that Mr. Gardulski planned to apply to the City Hall project? Mr. Gardulski stated that the grant is for $50,000 and a total of $80,000 is available. Mayor Pro Tem Petsos expressed his difficulty with spending $72,000 for such a small project. Mayor Pro Tem Petsos also expressed to make Mr. Bennix aware of this project since he gave the donation. He also stated that the taxpayers should realize that this money is from donation and not taxpayer revenue. Mr. Gardulski concluded that the bid documents would specify how to implement the landscape plan. City of Cape Canaveral, Florida City Council Regular Meeting December 3, 2002 Page 6 C A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the City Hall Complex Landscaping Plan for the Bid Process as modified by the Beautffication Board and the City Reserving the Right to Award All or Part of the Bid. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. 1 Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randeis, For; and Mr. Treverton, For 9. Review and Approval of the Annual Evaluation of the City Manager. Mayor Randels provided background information in that the Council Members met with the City Manager individually in order to derive a consensus on his performance evaluation. Mr. Treverton opened discussion and asked when the last time the City Manager received a raise. Mr. Boucher responded that he received a 1.6 percent Cost of Living increase and his last merit increase was on March 20, 2001. Attorney Garganese stated that Mr. Boucher has a contractual arrangement with the Council to receive an annual performance evaluation. Council members discussed a factoring process in order to award Mr. Boucher a merit increase. Mayor Randels stated that in looking at other cities of comparative population, Mr. Boucher appears to be underpaid. Mr. Morgan suggested a $2,300 raise or three percent increase. Council members discussed an amount for a raise. Mr. Hoog expressed that Mr. Boucher has done a good job for the City and concurred with a three percent increase. Mr. Treverton expressed a four percent increase. Mayor Randeis expressed that he and Mr. Boucher had met and stated that he submitted a tough grade on Mr. Boucher's performance. Mayor Randels also agreed with a three percent increase. Mr. Morgan expressed that he would like to get the entry-level employees pay grades raised. Mr. Boucher thanked the Council for their feedback, their monetary consideration and stated that working together would continue to achieve the community accomplishments. A motion was made by Mr. Morgan and seconded by Mayor Randels to Approve a Three Percent Merit Increase for the City Manager, Bennett Boucher. 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 DISCUSSION: 10. City Code Section 14-58; Beach Activities. Mayor Randels provided background and reiterated that the Council on March 19, 2001 reviewed the ordinance and he read what Chief Sargeant stated at that time, "There are provisions for cooking fires in approved containers but no ordinance barring bonfires." At present the Council did not desire bonfires on the beach. Chief Sargeant stated that Florida Statutes 633 does allow for permitted bonfires and unpermitted cooking fires on the beach. He stated that Statute 633 adopts the National Fire Protection Act [NFPAM One which stated that the authority having jurisdiction shall have the authority to issue permit for the following operation within the jurisdiction and cooking fires are the only exception. City of Cape Canaveral, Florida City Council Regular Meeting December 3, 2002 Page 7 Chief Sargeant explained that in Section 34.1 of NFPA One, cooking fires within an approved container are exempt from permits. Chief Sargeant stated that the statute does allow for a bonfire with a permit. Chief Sargeant replied to Mr. Morgan that anything other than a cooking fire is a bonfire. Attorney Garganese stated that NFPA One adopts minimum standards, however the Council can adopt more stringent requirements than the minimum requirements however a public hearing process is needed. Chief Sargeant stated that allowing for a public safety standard might be the approach for the Council to consider instead of using fire safety as a standard to prohibit bonfires on the beach. Chief Sargeant explained that the permitting fee includes preventative measures but clean up is still an issue for public safety. Mayor Randels summarized that if the Council chose to ban bonfires it could be authorized as nuisance abatement. Chief Sargeant stated that the City needs an ordinance on bonfires if Council still desires to prohibit. The City Manager and City Attorney were instructed to draft an ordinance on the Council's desire to prohibit bonfires on the beach. Mr. Gene Petre expressed on a final note that cleanup after a bonfire creates a nuisance situation. 11. City Park Basketball Court Configuration. Mayor Pro Tem Petsos stated that he previously preferred a full court, but after speaking to Ms. Hanson he saw the overall benefit of a half -court configuration. Ms. Hanson stated her need to proceed in order to comply with grant funding and she recommended a half - c court configuration. The consensus of the Council was a half-court basketball court configuration. 12. Sewer Rates. Mayor Randels provided background on this discussion item and stated that the Burton and Associates consultant reviewed projected revenue for the years 2001, 2002 and 2003. The consultant was within $7,600 of the actual $2 million budgeted operating income and the consultant was within $1,600 of the $144,000 of projected interest for the year 2001. As a total for the year 2001, the consultant was within $6,060. for the year 2002, he was closer yet on the projected operating income versus anticipated income and within $5,000. The consultant evaluated high on the interest income however, interest rates decreased and therefore the City was $42,000 under his estimate. For fiscal year 2003, the projection is $18,890 loss over the projected operating income. Mayor Randels concluded that $16,000 is the appropriation for another study. Mr. Boucher replied that there are a few issues to discuss such as a three percent rate increase and commercial billing that is billed as the percent of the water bill. He stated that operating expenses and debt service are components of a comprehensive rate model that includes the growth due to construction. Mr. Boucher expressed acting prudently with the sewer utility. He said that sewer rate consultant worked toward a balanced implementation. Mr. Boucher stated that the rate study modeling has a cause -effect if any portion is changed. Ms. Bowers stated that Mr. Burton based the rates on what was projected in the rate model. Mr. Morgan stated that he would like to deter a rate increase 1 City of Cape Canaveral, Florida City Council Regular Meeting December 3, 2002 Page 8 until March. Ms. Bowers cautioned that if a rate change is considered then a new rate study is recommended. Mr. Hoog expressed that commercial properties are paying up to at least 400 percent over the water bill that is substantially more in sewer fees over residential properties. Mr. Morgan suggested a usage threshold for commercial property such as that that is given to residential property. Mr. Boucher explained that the commercial and residential rates are billed separately. Mr. Boucher then proposed a resolution to freeze the commercial rates at the existing rate pending the decision of a rate study within six months. Attorney Garganese read the current rate structure under the existing resolution as: commercial sewer is 435 percent of the Cocoa water bill, effective 2003 it will increase to 448 percent; in 2004, 461 percent and in 2005, 475 percent of the Cocoa water bill. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to continue the meeting until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For; Mayor Pro Tem Petsos, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher reported that the City Attorney submitted a white paper on Club Lido. Who Mayor Pro Tem Petsos stated his concern of which establishment existed first the church or the club. Attorney Garganese stated that the church clearly was established first and the club is proposing expansion to Lots 1, 2 and 3. At this time the club operates under a non - 1 conforming use under the County's code and if the dub abandons alcohol use for more than 180 days, then the alcohol use is abandoned. Attomey Garganese stated that not only is the dub attempting non - conforming status, conforming in perpetuity, the dub plans to expand to Lots 1, 2 and 3. Mr. Boucher inquired if staff presence was necessary however Council declined the offer. • Mr. Boucher distributed the resolution on reuse previously drafted for consideration by the Cocoa Beach Commission. He asked if Council desired to resubmit the resdlution in light of a new Commission. Mr. Morgan and Mayor Pro Tem Petsos concurred that Mr. Boucher meet with Chuck Billias, Cocoa Beach's City Manager. • Mr. Boucher met with Fairvilla representatives regarding the drainage, sidewalks, Landscaping, and signage. Mr. Morgan stated that as long as the previous agreement is not affected then the concept would aesthetically benefit the City. Mayor Pro Tem Petsos asked for a to-scale proportion. • Mr. Boucher reported that Florida Power and Light would like to install a new feeder line. Mr. Boucher would determine if this is a distribution line or another high voltage line. • Mr. Boucher stated that Todd Peetz, City Planner prepared a memo on the commercial - residential issue and he would prepare material for a discussion after the New Year. • Mr. Boucher announced the Space Coast League of Cities Christmas dinner on Monday, December 90' at the Officer's club. Mayor Pro Tem Petsos reminded that a door prize is appropriate. c 3 1 , i I City of Cape Canaveral, Florida City Council Regular Meeting i December 3, 2002 ? 1 Page 9 2. Staff ' t , Ms. Hanson , • Ms. Hanson inquired if any Council member planned to participate in the Cocoa Beach ; Christmas Parade on Saturday, December 14 and if so, to let her know. ' City Attorney • Attorney Garganese reported that he is making progress on the sidewalk ordinance and the Planning and Zoning Board would discuss it during their meeting on December 11 1 , 4 3. City Council 1 i 1 Mr. Hoog No report. , I . Mr. Morgan 1 , ! i • Mr. Morgan expressed his favor in the plan to freeze the commercial sewer rates. i i i ) Mayor Pro Tem Petsos i i • Mayor Pro Tem Petsos requested holiday landscaping around the City sign. i [ • Mayor Pro Tem Petsos announced that the Police Athletic League is hosting a soccer I league for Cape Canaveral on Saturday at 2 P.M. [ 1 1 • Mayor Pro Tem Petsos reported that he reviewed the Adopt-A-Median program and the C Kiwanis Club would like to adopt the planting area at the Amoco station, however there is a $600 charge. The Kiwanis Club would purchase and install the plants. Mayor Pro Tem Petsos asked if there were some way to waive the fee for a non-profit organization. Mr. Boucher said that Mr. Gardulski could provide some basic instructions. Attomey Garganese stated that the City of Cocoa has an Adopt-A-Road agreement whereby the parties sign an k agreement that set guidelines and requirements that the Council might want to consider. i 1 Mayor Randels • No report. i ADJOURNMENT: ! i There being no further business the Chair adjoumed the meeting at 1030 P.M. , I A c.7,,CAN'Afitit2. , ,z i C- ( . $ 1 Rocky Randels, MAYOR pa.' .... , t 1 4811/111- _ . ,4:::'•■■-- -17,11%fc, - , S -n - - Is, CITY- ., FA ' 1 ‘I‘t1,■"' ' Ce ! , i 1 i , ;