HomeMy WebLinkAboutMinutes 05-01-2001 Regular 1
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CITY COUNCIL REGULAR MEETING
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f CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 1,2001
7:00 PM
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MINUTES
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
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ROLL CALL:
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1 Council Members Present:
Burt Bruns
1 Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
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Richard Treverton
1 Larry Weber
Others Present:
Bennett Boucher, City Manager
Kohn Bennett, City Attorney
Susan Stills, City Clerk
Morris Reid, C.B.O., Building Official
Cmdr. George McGee, Canaveral Precinct
Walter Bandish, Water Reclamation Plant Superintendent
PROCLAMATIONS:
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National Day of Prayer
Elder Law Month
Civility Month
Mayor Randels briefly stated the purpose of each proclamation and said that he
would present or have the City Clerk mail the proclamations to their intended
party.
BOARD INTERVIEW:
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1 Prospective Beautification Board Member — Paula Collins
Attorney McQuagge questioned if Ms. Collins was a member of another Board. She
I stated that she currently serves on the Board of Adjustment and requested to serve
F on another Board as well. He asked Ms. Collins why she desired to serve on the
, � Beautification Board. Ms. Collins stated that she is currently active in Beautification
efforts and enjoyed taking part in keeping all of Cape Canaveral as clean as her
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City of Cape Canaveral, Florida
City Council Regular Meeting
1 May 1, 2001
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k own surroundings. Attorney McQuagge asked if she had any specific goal in mind
for the Beautification Board. She responded that the Washington Avenue Park was
i an interest and she was also interested in litter control. Mr. Weber said that Ms.
Collins consistently demonstrated her efforts in keeping the City clean. Mr.
1 Treverton asked if she chose to remain on both Boards. Ms. Collins responded that
1 the Board of Adjustment met on an as- needed basis only and there should be no
conflict in serving on the Beautification Board. Mr. Bruns supported Ms. Collins
working on both Boards. Mayor Pro Tem Petsos concurred.
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Mayor Randels recognized Ms. Linda Frank of Waste Management, Inc.
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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.
Mr. Treverton asked to remove Items No 2 and 3 from the Consent Agenda.
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A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to
approve Consent Agenda Items No. 1, 4, 5, 6 and 7. The motion passed 5 -0 with
1 IE voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels,
For; Mr. Treverton, For; Mr. Weber, For
1. City Council Regular Meeting Minutes of April 17, 2001.
4. Disposition of Surplus Property.
5. Purchase of Sanitary Sewer Lining Services.
6. Transportation Impact Fee Trust Fund Disbursement Agreement with
Brevard County.
7. Amendment to the Police Services Contract.
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2. Washington Avenue Decorative Sidewalk.
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
change order for the Washington Avenue Decorative Sidewalk for an imprinted,
j five -foot wide sidewalk in the amount of $18,750. Mr. Treverton stated that he
requested to remove this item for discussion in order to clarify that the width of
the sidewalk would be five -feet wide. Mr. Bruns spoke in favor of a five -foot wide
i sidewalk. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; Mr. Weber, For
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 1, 2001
Page 3
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3. Award Bid #01 -05; Manatee Sanctuary Park Boardwalk.
A motion was made by Mayor Randels and seconded by Mr. Bruns to consider
the Recreation Director's recommendation and award of the base bid with
Alternative Bid No One with additional funding of $20,415 for the Trex or equal
material for the walkway decking to Don Facciobene, Inc.. Mr. Treverton asked
1 how much longer the Trex recycle material would last in comparison to wood.
Ms. Hanson responded that the material has not been on the market long
enough to know a definitive time, however it has proven durable on the
crossovers and the Xeriscape park bridge. Mayor Pro Tem Petsos spoke in
support of using the Trex. Mr. Treverton asked if a ceiling enclosure should be
discussed at this time. Ms. Hanson responded that this could be done with a
change order at a later date. The motion passed 5 -0 with voting as follows: Mr.
Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For;
1 Mr. Weber, For.
RESOLUTIONS:
7. Resolution No 01 -10; Participation as a FEMA Project Impact
Community.
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Mayor Randels read Resolution No. 01 -10 by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, PARTICIPATION AS A FEMA PROJECT IMPACT COMMUNITY; PROVIDING FOR
1 THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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A motion was made by Mr. Bruns and seconded by Mr. Weber to approve
Resolution No. 01 -10. Ms. Mary Bolin, Project Impact Coordinator, explained that
Project Impact became a grant from the Federal Emergency Management Act
(FEMA). The goal of this group is a cooperative effort to make businesses,
municipalities and private individuals aware of disaster preparedness. Ms. Bolin
explained that noting Project Impact affiliation would favor the City for grant
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1 funding. Ms. Bolin responded to Mayor Pro Tem Petsos that she would be
1 available to assist Council and staff with publishing efforts and there are no up-
front costs. Ms. Bolin announced that a Hurricane Expo is scheduled for May 19
1 at the Merritt Square Mall. The motion passed 5 -0 with voting as follows: Mr.
Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For;
i Mr. Weber, For
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8. Resolution No 01 -11; Amending the 2000/2001 Budget and City
a Treasurer's Report.
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1 City of Cape Canaveral, Florida
City Council Regular Meeting
May 1,2001
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Mayor Randels read Resolution No 01 -11 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
1 AMENDING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, AND
SPECIAL REVENUE FUND BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001; PROVIDING FOR AN
EFFECTIVE DATE.
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A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to
approve Resolution No. 01 -11. Mr. Boucher reported that the General Fund
Contingency had increase by $18,000. Mayor Pro Tem Petsos clarified that the
additional line item under Fire Safety for postage was recouped in Permit fees.
I Mayor Pro Tem Petsos also questioned a $4,990 fee to Brown and Caldwell
1 Engineering to monitor the groundwater contamination and expressed that this is
Port issue on which the City is now expending funds. Mr. Boucher responded
that Council requested that an outside agency monitor the situation however he
would contact the Port Director since this is outside of the Port's scope of
I service. Mr. Bruns questioned the extent of groundwater contamination to four
1 properties within Cape Canaveral. Mr. Boucher clarified that these properties use
City of Cocoa water at this time. Mr. Bruns requested that staff ensure that no
City residents use well water as their drinking water supply. The motion passed
A c 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Mr. Treverton, For; Mr. Weber, For.
9. Resolution No. 01 -12; To Officially Name Bayside Drive.
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Mayor Randels read Resolution No 01 -12 by title:
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO
OFFICIALLY NAME BAYSIDE DRIVE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL,
REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY,
1 FLORIDA TO PLACE THE NAMED ACCESS /DRIVEWAY ON THE OFFICIAL MAPS OF
RECORD; PROVIDING FOR AN EFFECTIVE DATE.
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A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to
approve Resolution No 01 -12. Mr. Boucher affirmed for Mayor Randels that the
I applicant initiated this action. Mayor Randels clarified that that developer is the
1 owner of the street and responsible for its maintenance. The motion passed 5 -0
with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For Mayor
Randels, For; Mr. Treverton, For; Mr. Weber, For.
10. Resolution No 01 -13; Amended Escrow Agreement with Downs
I Development Corporation, Inc.
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1 Mayor Randels read Resolution No 01 -13 by title:
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City of Cape Canaveral, Florida
I City Council Regular Meeting
May 1, 2001
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AMENDED AGREEMENT WITH DOWNS
DEVELOPMENT CORPORATION, INC. AS SUCCESSOR TO MAXI -HOMES OF AMERICA
FOR THE REALLOCATION OF FUNDS TO FINANCE INTERSECTION CONFIGURATION AT
W. CENTRAL BOULEVARD AND NORTH ATLANTIC AVENUE AND THE COMPLETION OF
1 A TURNING LANE ON N. ATLANTIC AVENUE; PROVIDING FOR AN EFFECTIVE DATE.
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A motion was made by Mr. Weber and seconded by Mayor Randels to approve
I Resolution No 01 -13. Mr. Treverton asked for clarification on the abandonment
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1 of extending Ridgewood Avenue through the Villages of Seaport. Mayor Randels
affirmed that the Local Planning Agency made a recommendation to the
Comprehensive Plan to omit any further extension to Ridgewood Avenue. Mr.
Bruns queried if a pedestrian/ bicycle path were still an option. Mr. Boucher
responded that Planning and Zoning would address a path should the property
be developed. Mr. Boucher explained further that some adjustments were
needed to the Villages of Seaport Association documents in light of future
development. Mr. Mel Sawyers stated that an agreement was made with the Fire
1 Chief for an emergency gate in order to gain access into the development
however no plans were entertained for a pedestrian access through a gated
community. Mr. Bruns expressed that he thought the intent was for
1 bicycle /pedestrian access from Ridgewood Avenue to Jetty Park. Mayor Randels
deferred to the Planning and Zoning Board to discuss a recommendation. Mr.
1 Boucher reiterated that when the developer presents a plan it would include
some of the area in discussion. Mr. Tom Downs related his concern with ongoing
assessments stated in the agreement. A motion was made by Mr. Bruns and
seconded by Mr. Treverton to table Resolution No. 01 -13. The motion passed 5 -0
1 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor
1 Randels, For; Mr. Treverton, For; Mr. Weber, For.
REPORTS:
1. City Manager
• Mr. Boucher requested Council's desire to continue with a pedway project
through Villages of Seaport to Jetty Park. Mr. Bruns recommended that
Council reserve the right to use the right -of -way for a bicycle/ pedestrian
1 walkway from the end of Ridgewood Avenue to Jetty Park. Council agreed
by consensus that staff would research the background material for
1 the Planning and Zoning Board to make an informed decision.
• Mr. Boucher requested Council's support for the Planning and Zoning
1 Board to secure public beach access in Tight of the new beach area
i construction projects.
t • Mr. Boucher reported that he would respond to the Cocoa Beach City
Attorney regarding the status of the reuse water dispute resolution. Mayor
Pro Tem Petsos requested that each Cocoa Beach City Commissioner
receive a copy of Mr. Boucher's response.
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 1, 2001
Page 6
• Mr. Boucher reported on the Cape Canaveral Hospital mitigation proposal.
1 Council requested that Mr. Boucher respond to the hospital and
request specifics on how the project would be implemented.
• Mr. Boucher reported on his research with storm water grant funding. He
requested to seek a matching grant for a baffle box on the Holman Road
outfall. The consensus of the Council was not to proceed with funding
for a baffle box.
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2. Staff
Mr. Reid, Building Official
• Mr. Reid reported on new construction in the City. He expressed his opinion on the
concrete incident with Solana Lakes and has authorized resumption of
concrete pouring.
Cmdr. George McGee
• Commander responded to Mayor Pro Tem Petsos that eleven in -car video
cameras were purchased with grant funding however additional cameras were
necessary and therefore included in the Budget Transfer.
• Commander announced that the policeman's memorial would be held at the
Melbourne Mall on Saturday, May 5 all are invited.
Ms. Hanson
• No report
City Clerk
• Ms. Stills announced that the third grade class from Cape View Elementary
School would visit on Friday, May 11 at 10:00 A.M. Mayor Randels, Mayor Pro
Tem P etsos, the Sheriff's Office and the City Clerk's office planned to participate.
City Attorney
• Attorney McQuagge reported on the status of responses from the County and
State Attorney's office with their respective opinions on the fireworks
ordinances. He will coordinate implementation with Commander McGee following
written opinions.
3. City Council
Mr. Weber
• Mr. Weber related that that he would like to use volunteers to assist individuals
in the City who need help with home repairs. Ms. Mary Russell, Code
Enforcement Board Chairperson, related that one property came before the Board
due to an obscure intersection. She said that if allowable and if the owner would
accept help, the property could be brought into compliance. Mr. Boucher
4 suggested continuing the sidewalk west of the property and enhancing the
1 1 surroundings. Mr. Boucher and Mr. Treverton will contact the owner and discuss
the details.
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City of Cape Canaveral, Florida
City Council Regular Meeting
I May 1, 2001
Page 7
• Mr. Weber also expressed he would like to assist senior residents who need
help painting and restoring their homes.
• Mr. Weber thanked everyone for expressions of sympathy in the loss of his
mother.
Mr. Treverton
• Mr. Treverton expressed concern with the resignation of a Community
Appearance Board member and encouraged Council members to promote City
Board participation.
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Mr. Bruns
• Mr. Bruns queried possible mediation with the City of Cocoa Beach. Attorney
McQuagge responded mediation is still required however he did not have a
definitive opinion at this time
• Mr. Bruns asked if the City was supplying reuse water to the Port. Mr. Bandish
responded that the City is not providing a regular flow.
• Mr. Bruns said the he would like to have feedback from the City Manager
regarding the joint safety facility with the Port. Mr. Boucher responded that
discussion is forthcoming with all parties involved.
Mayor Pro Tem Petsos
1 • Mayor Pro Tem Petsos questioned the Nuisance Abatement Ordinance being
drafted adopted by the County regarding to Rave Clubs and asked if the City could
opt in on that ordinance. Commander McGee indicated the City could opt -in.
• Mayor Pro Tem Petsos thanked the Public Works department for completing the
Sand Fence project.
• Mayor Pro Tem Petsos referred to a letter regarding wood in the playground
equipment and asked Ms. Hanson how the City was affected. Ms. Hanson
responded that the equipment vendor assured her of no undue concern for the
City's playground equipment. She explained that the equipment experiencing
problems was constructed through a different process. The County would provide
pertinent data in the upcoming weeks.
• Mayor Pro Tem Petsos announced that due to efforts from the School
Superintendent, the school playgrounds would be opened after -hours and he
suggested utilizing the Citizens Observer Patrol in the area during that time.
Mayor Randels
• Mayor Randels commended the Fire Department EMS on a non - scheduled
State inspection that resulted in no deficiencies found.
• Mayor Randels announced that the Indian River Lagoon received Scenic Trail
1 designation. Grant funding for an educational kiosk is available for the new
Manatee Sanctuary Park due to this designation
• Mayor Randels reported on a new company in Cape Canaveral that develops
medical histories on a CD -Rom computer disk.
4 • Mayor Randels reported on the work of the TRIAD with seniors. !,
• Mayor Randels announced that "A Better Place" civic tracker would be available
on the Internet to initiate complaints and have your concems tracked by City staff
City of Cape Canaveral, Florida
City Council Regular Meeting
May 1, 2001
Page 8
through to resolution. Mr. Boucher responded that Cape Canaveral has free 30-
day trial period to use the software.
• Mayor Randels reported that on -line courses are available through the Florida
League of Cities.
• Mayor Randels requested that Mr. George Firkins be commemorated with a
memorial plaque. Mr. Nicholas suggested that the Washington Avenue Park be
used since the park was a direct contribution from Shuford Mills.
• Mayor Randels reported on his participation with State legislation regarding
libraries. Mayor also distributed information on an effort to privatize libraries.
He related that County libraries provide filtering on Internet access for children
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using the Internet. He also related that the House and State agreed on a bill with a
Committee.
• Mayor Randels questioned the status of the reuse project. Mr. Bandish
responded that although a number of people paid their fees, they were placed on a
waiting list until access became available in their area. Expansion of the reuse
water system will be discussed during Budget Workshops
AUDIENCE TO BE HEARD:
ADJOURNMENT:
There being no further business a motion was made by Mr. Bruns and seconded by
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Mr. Weber to adjourn the meeting at 9:22 P.M.
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