HomeMy WebLinkAboutMinutes 02-06-2001 Regular CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 6, 2001
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7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Richard Treverton
Larry Weber
Others Present
Bennett Boucher, City Manager
Mark McQuagge, Assistant City Attorney
Susan Stills, Assistant City Clerk
Andrea Bowers, City Treasurer
Morris Reid, C.B.O., Building Official
Ed Gardulski, Public Works Director
Nancy Hanson, Recreation Director
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Chief Dave Sargeant, CCVFD
PRESENTATION:
Kim McIntire and Suzanne Sparling
Recognition of the 2000 Reindeer Run 5K Proceeds to United Way;
$10, 334.62.
Ms. McIntire thanked the Reindeer Run sponsors with a token of appreciation. She
also presented a check to Mr. Rob Raines of the United Way for $10, 000. Mr. Raines
thanked the City for the voluntary donation and remarked that the race was selected
as one of the Runner -of- the -Year series. He stated that this check would represent the
first donation in the 2001 United Way Campaign year. He presented plaques to Ms.
McIntire and Ms. Sparling for their work on the Reindeer Run. Mayor Randels and Mr.
Boucher presented them both with roses on behalf of the City.
Ms. Linda Frank, Waste Management, responded to questions from Council members
regarding the recycling program. Mr. Bruns questioned why the early starting hour for
1 the program? Ms. Frank responded that the goal is to have trucks parked by 5 P.M,
three days a week. Mr. Weber thanked Ms. Frank for Waste Management's
assistance during the January 20 Citywide clean up.
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City of Cape Canaveral, Florida
City Council Regular Meeting
February 6, 2001
Page 2
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CONSENT AGENDA:
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Mayor Randels read the Consent Agenda items and asked if anyone wanted
to remove an item for discussion
Mr. Treverton requested that Item 2 be removed from the Consent Agenda.
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1 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve
Consent Agenda Items 1 , 3, 4, 5 and 6.
The motion for approval of Consent Agenda items 1 , 3, 4, 5 and 6 passed 5 -0
with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Mr. Treverton, For; and Mr. Weber, For.
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1. City Council Regular Meeting Minutes of January 16, 2001.
3. Renewal of the Street - Sweeping Contract with USA Services of Florida, Inc.
4. Outdoor Entertainment Permit for the Patriot's Day Parade, March 10, 2001.
5. Adopt a Park Agreement with the United Space Alliance, National
Management Chapter 830.
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6. Waiver of Shuffleboard Court Fees for the Brevard County Special Olympics.
ITEM NO. 2 FROM THE CONSENT AGENDA
2. Lifeguard Contract with Brevard County, $9,292.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos
to approve the Lifeguard contract with Brevard County in the amount of $9,292.
Mr. Treverton commended the City on its decision to use such a cost effective
program. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber,
For.
CONSIDERATIONS:
7. City Manager's Annual Evaluation
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A motion was made by Mr. Treverton and seconded Mayor Pro Tem Petsos to
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table further discussion on the City Manager's Annual Evaluation. Mayor Randels
reported that he had met with Mr. Boucher to discuss his evaluation and he was
not ready at this time to submit a completed evaluation for review with the Council.
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City of Cape Canaveral, Florida
City Council Regular Meeting
February 6, 2001 j
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8. Proposal by Stottler, Stagg and Associates to Design Left Tum Lanes on
I N. Atlantic Ave., Intersection of West Central Blvd.
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A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
Proposal by Stottler, Stagg and Associates to Design Left Turn Lanes on N.
Atlantic Ave., at the Intersection of West Central Blvd. Mr. Gardulski recommended
that Stottler, Stagg and Associates perform the design work to install a left turn
lane on North Atlantic Avenue at the Intersection of West Central Blvd. Mr. Weber
asked how this would impact the existing traffic lanes. Mr. Gardulski explained
that lane size was decreased to 10 -feet and lanes were shifted to the west in order
to accommodate the turn lanes. Mayor Pro Tem Petsos asked for an estimate on
the construction cost. Mr. Pekar stated that no cost were derived as yet. Mayor Pro
1 Tem Petsos queried if County funds were available as well as any funding from the
Port for this project. Mr. Boucher responded that he would pursue additional
County funding. Mr. Treverton expressed concern in using $16,000 from the
Villages of Seaport escrow account for the project. Mr. Boucher explained that the
Villages escrow account was allocated to fund a traffic light. Mayor Randels asked
if the former plans and surveys used from the previous traffic signal study were
available. Mr. Gardulski responded no previous information was available. Mr.
j Boucher stated funding from the County was not available to pursue the signal at
that time The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro
Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For.
9. Authorization to Bid the Manatee Park Boardwalk Project.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to
approve Authorization to Bid the Manatee Park Boardwalk Project.
Ms. Nancy Hanson, Recreation Director stated that this is an anticipated project that
is being funded through the FRDAP Grant. She reported that Attorney McQuagge is
currently reviewing the bid
y g specifications. Ms. Hanson stated that the base bid
requirement is wood, however she hopes to secure recycled lumber. Mr. Bruns
clarified for discussion that this proposal is for the Boardwalk only. Ms. Hanson
responded to Mr. Bruns' concern regarding the mangroves in that planting was not
done within the planned Boardwalk area. Mayor Pro Tem Petsos questioned if a
fishing area would be provided since construction in the Port area obstructed the
annual Fishing Contest. Ms. Hanson responded that plans for a fishing area could be
included at a later date. Ms. Hanson responded to Mr. Weber that a total of $112,500
in grant funds was secured for this $150,000 project. Ms. Hanson clarified for Mr.
Treverton that the City would be reimbursed up to seventy -five percent in expended
funds. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro
Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For,.
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City of Cape Canaveral, Florida
City Council Regular Meeting
February 6, 2001
IE Page 4
RESOLUTIONS:
10. Mayor Randels read Resolution No. 01-04 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ESTABLISHING A RECLAIMED WATER CONNECTION FEE
SCHEDULE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING
FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to adopt
Resolution No. 01-04, establishing a Reclaimed Water Connection Fee Schedule.
Mr. Gardulski stated that this rate was based on Council's advice to charge the full
cost for connection to reclaimed water. Mr. Gardulski stated that grant funding is
exhausted for reuse water. Mr. Gardulski responded to Mr. Bruns' query in that
vacant lots would not be connected. Mr. Treverton asked about the number of
people who paid however were still not connected and asked if money would be
refunded. Attorney McQuagge stated that he did not foresee a problem with a
refund prior to the effective date of the new charges. Mr. Gardulski stated that
those who paid would be grandfathered in after the effective date. Mr. Nicholas
asked if current policy included buildings that were not issued a Certificates of
Occupancy. Mr. Reid, Building Official, responded that a multi - family dwelling
could connect to reuse water at the point of landscape installation and prior to
being issue a Certificate of Occupancy. The motion passed 5 -0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr.
Treverton, For ; and Mr. Weber, For .
DISCUSSION:
11. Overview of a Stormwater Utility, City Treasurer.
Due to technical difficulties, the Stormwater Utility presentation was postponed until
the next scheduled meeting on February 20, 2001.
12. Brevard County School Board's Policy on the Use of District Facilities.
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Mr. Boucher explained that the School Board is soliciting input from the Council on its
policy regarding use of district facilities. Mr. Bruns thought the policy reasonable in
light of the staff needed to use school facilities. Mayor Randels related that currently
the principals of each school set policy for the facilities use. Mayor Pro Tem Petsos
stated that the superintendent's intent is that outside playgrounds should be made
available to the residents of the community. Mayor Pro Tem Petsos reported that the
League of Cities formed a Committee to discuss this issue. As a committee member,
he would provide feedback to the Council. Mayor Pro Tem Petsos clarified for Mr.
Weber that school grounds included the cafeteria and the auditorium. The consensus
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City of Cape Canaveral, Florida
City Council Regular Meeting
February 6, 2001
IE Page 5
of the Council was to submit a recommendation for use of the Cape View Elementary
School playground after school hours.
REPORTS:
City Manager
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• Mr. Boucher requested Council's permission to decommission the City's
float the Alliance due to its unsafe conditions. Council agreed by majority to
give the ship to Public Works to salvage parts.
• Mr. Boucher reported that review is underway to amend the City's fireworks
code and staffing requirements during the July 4 holiday. He would have a
recommendation sometime in March.
• Mr. Boucher reported that he met with the group interested in the Avon-by-
the-Sea Annexation, he stated they would hold a meeting on February 17th.
He pointed out that July is the time frame for a needed referendum
ordinance in order to place this issue on the November ballot.
• Mr. Boucher requested guidance on projects for funding with Mr. Bennix's
donation.
• Mr. Boucher reported that the Sand Fences are complete and requested a
E date for an volunteer project
• Bouc reporthwert
to ed
prevailed Mr. her with the 5 District on te Szapor Court of Appeals lawsuit in and that Council agreed r cou by ruling
majority to seek title to the property
• Mr. Boucher announced that the Water Reclamation staff distributed
information on conservation measures to City residents
• Mr. Boucher related a request from Chief Sargeant to donate the Hearst..
(Jaws of Life) tool to another Fire department.
A motion was made by Mr. Weber and seconded by Mr. Treverton to add donation
of this Surplus Equipment as an Add -On Item.
ADD -ON ITEM:
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A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to
donate the surplus Hearst (Jaws of Life) Equipment to the Monticello Fire t
Department in Jefferson County. The motion passed 5 -0 with voting as follows: Mr.
Bruns, For; Mr. Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr.
Weber, For.
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AUDIENCE TO BE HEARD:
• Mr. Nicholas queried if one of the stipulations of the agreement with Fairvilla
was to remove the Adopt -a -Road signs. Mr. Boucher agreed that it was so and
will look into this matter.
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City of Cape Canaveral, Florida
City Council Regular Meeting
February 6, 2001
Page 6
• Mr. Nicholas expressed concern with an proposed bike week at the Port.
• Mr. Nicholas reported that in Indian River County a housing development is
being proposed for the uninhabited islands. He expressed concern that such
an action would nullifying clean -up efforts and impact the lagoon
• Ms. Marilyn Rigerman stated that after the Board of Adjustment denied a
variance in the course of working within the City code, she thought that an
apology to the applicant from a Council member was unwarranted.
REPORTS CONTINUED:
City Clerk
• No report
City Attomey
• Attorney McQuagge reported on the progress of the Reclaimed Water Conflict
Resolution with Cocoa Beach. He has at this time received no response from
Cocoa Beach in order to proceed however he will document all actions taken.
Mr. Weber
• Mr. Weber asked for a date on the Port meeting.
• Mr. Weber thanked all participants in the January 20 City -wide Clean Up.
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Mr. Treverton
• Mr. Treverton questioned if the City received any of the fees from fingerprinting
done at the Canaveral Precinct.
Mr. Bruns
• Mr. Bruns related that he looked forward to Ms. Bowers presentation at the next
meeting.
• Mr. Bruns also related on the positive feedback at Cape View Elementary
School and encouraged all to visit the school.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos thanked the United Space Alliance for its participation
with the Adopt -a -Park program.
• Mayor Pro Tem Petsos queried why a claim regarding trees on the Tezel
property was paid although the plants were dead. Mr. Boucher stated that a
claim was filed against the City regarding the plants. He stated that Ms. Kay
McKee, Streets Supervisor, inspected the plants and found them substandard
and diseased. He reported that the Insurance Company paid the claim unknown
to him. Mayor Pro Tem Petsos expressed concern with a payment and
subsequent increased premiums cost.
• Mayor Pro Tem Petsos submitted three letters from Cape View students
regarding gaps in the sidewalks that hinder riding a bicycle. t
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City of Cape Canaveral, Florida
1 City Council Regular Meeting
February 6, 2001
Page 7
• Mayor Pro Tem Petsos reported that Camp Chance would send 50 children to
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camp this year.
• Mayor Pro Tem Petsos announced that the Youth Crime Watch would be
instituted again at Cape View this year.
• Mayor Pro Tem Petsos reported on eleven sexual predators in the area and
said that he would find out from the Sheriffs department how to proceed with
alerting the public.
• Mayor Pro Tem Petsos asked if the grass at City park could be watered
• Mayor Pro Tem Petsos queried about lighting on A1A. Mr. Boucher
responded that Florida Power and Light would execute a contract for $1,500.
• Mayor Pro Tem Petsos related about a request for trees from the Mayor and
Ms. McKee's response that planting 12 or 15 trees was possible.
Mayor Randels
• Mayor Randels reported that he spoke with Mr. Bennix and would like to show
him that some progress is being made with the money he donated.
• Mayor Randels announced the opening of the new Seafarer's Ministry and its
positive atmosphere for shipboard staff.
• Mayor Randels commended Stottler, Stagg on a substantial contract with the
Port for an overpass construction.
0 • Mayor Randels related a request from the Brevard Zoo for the City to support
its continued allocation of funding from the Tourist Development Council.
• Mayor Randels announced that a navy ship is in port and anticipating
1 participation in a City project.
• Mayor Randels related a resident's request for an Amnesty Day at the library.
• Mayor Randels reported on the status of the SCAT trolleys and the proposal
to schedule a fee to deter vagrant riders.
ADJOURNMENT:
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There being no further business, a motion was made by Mayor Pro Tem Petsos
and seconded by Mr. Weber to adjourn the meeting at 9:00 P.M. The motion
passed 5-0 with v oting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For;
Mayc Rkr _ . Mr. Treverton, For; and Mr. Weber, For is
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,S.E L- Rocky Randels, 'MAYOR
Susn,StiI1s,,,ASSI� CITY CLERK
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