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HomeMy WebLinkAboutMinutes 06-19-2001 Regular 1 1 1 1 City Council Regular Meeting City Hall Annex 111 Polk Avenue, Cape Canaveral, Florida Tuesday June 19, 2001 7:00 PM 1 MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton 1 1 Council Members Absent: I Larry Weber i Others Present: 1 Bennett Boucher, City Manager 4 Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk 1 Andrea Bowers, City Treasurer i Morris Reid, C.B.O., Building Official Chief Dave Sargeant, CCVFD Todd Peetz, City Planner PRESENTATIONS: Summer Beautification Commercial Award — Kelsey's Restaurant On behalf of the Beautification Board, Mr. Nicholas will present the award to the owner in person since he was unavailable. I CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 5, 2001. 2. Canceling the Regular City Council Meeting of July 3, 2001. Mayor Randels asked if any member of Council, staff or any interested party desired to remove an item from the Consent Agenda for discussion. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Consent Agenda Items No. 1 and 2. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 , Page 2 CONSIDERATIONS: I I 3. Authorization to Purchase a New Ladder Truck and Disposition of the Aerial Fire Truck. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Authorization of the Purchase of a New Ladder Truck and Disposition of the Aerial Fire Truck. Chief Sargeant explained that it is the economics of maintaining the existing fire truck and changes in technology that prompt him to request a new Ladder truck. He explained further that the new truck would allow rescue to additional heights and allow staff the benefit of flowing foam. Chief Sargeant stated that steering is capable from the cab through "all - steering." Mayor Randels clarified that approval from the Council would allow Chief Sargeant to proceed to present authorization and disposition to the Canaveral Port Authority Commission as well Chief Sargeant responded to Mr. Nicholas that the capability to flow foam is also beneficial in a tanker fire. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. 4. Proposal with Cape Canaveral Scientific, Inc. to Prepare Two Florida Forever Grant Applications. A motion was made by Mr. Bruns and seconded by Mayor Randels to approve a proposal with Cape Canaveral Scientific to prepare two Florida Forever Grants. Mr. Boucher reported on the two available properties for use of the grant funding, 1) a 8.5 acre site located at the southwest corner of West Central Blvd. and N. Atlantic Avenue at an asking price of $1.5 million dollars, and 2) a 4.82 acre site just south of Center Street. He recommended to pursue three of the Center Street acres and to leave the remaining acres for the Cape Canaveral hospital project. Mr. Boucher reported that he had researched the cost of using another grant writing service whose base price is approximately $4,000. Mr. Boucher stated that Cape Canaveral Scientific would charge a total of $7,640 to include $2,250 for the Ecological and Plant Survey. Ms. Adams stated that a depiction of the plant species in the area is essential to the project package. Mayor Randels clarified that the environmental study would precede the application in order to assess the points to continue. The motion passed 3 -1 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Mr. Treverton, For. A motion to amend the main motion was made by Mayor Randels and seconded by Mr. Bruns to authorize the City Manager to proceed with the grant application should the points criteria be met on the plants and ecology survey. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. j 1 i i City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 3 1 RESOLUTIONS: 1 5. Motion to Adopt: Resolution No. 01 -16; Issuing Permitting Fees to Telecommunications and Cable Providers. Mayor Randels read Resolution No 01 -16 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. ! 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to adopt Resolution No. 01 -16, Issuing Permitting Fees to Telecommunications and Cable Providers. Ms. Bowers explained that the State has consolidated municipal, county and state telecommunication taxes into one tax. She explained further that the State conversion rates are based on what the City collected during the 1999 calendar year to include information from the utility companies. Ms. Bowers clarified that this resolution would establish that the City would not charge a Building permit fee on telecommunication services and choose the option to apply the .12 percent tax. Ms. Bowers responded to Mr. Bruns that this tax would be applied to any telecommunication service and would be administered at the State level. Mr. Boucher explained that in an existing community such as Cape Canaveral the benefit favors C i applying the tax increase. Ms. Bowers stated that monitoring the revenue streams would enable the City to make any necessary changes in the future through an emergency ordinance. Mr. Nicholas questioned the State's fee to perform collections. Ms. Bowers stated that she was assured that the fee would not be derived from local level revenue. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. 6. Motion to Adopt: Resolution No. 01 -17; Flat Rate Telecommunication Fee. Mayor Randels read Resolution No. 01 -17 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ms. Bowers stated that this resolution would adopt the conversion rate. She explained that the State provided a 4.9 percent rate for this year based on revenue data submitted and 4.5 percent for preceding years. She stated that this year's increase reflects an 11 -month IE collection period. Ms. Bowers explained that the City has the option of increasing to 5.1 percent and she related how the City could increase to the 5.1 percent rate and use the difference of .4 percent from last year's 4.5 percent rate and adding on to this year's rate to increase to the maximum allowable rate of 5.5 percent. Ms. Bowers clarified that the decision is to remain at 4.9 percent or to increase to the 5.1 percent and add on the .4 I 1 1 City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 4 percent difference. Ms. Bowers replied to Mr. Bruns that she could provide a quarterly I report of revenues collected. The motion passed 4 -0 with voting as follows: Mr. Bruns, For Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. I 7. Motion to Adopt: Resolution No. 01 -18; Appointing a Regular Member and First Alternate Member to the Business and Cultural Board. (Wm. Young and E. Foy). 1 Mayor Randels read Resolution No 01 -18 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND ONE FIRST ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. I ! A motion was made by Mr. Bruns and seconded by Mr. Treverton to adopt Resolution No. 01 -18 to appoint William Young as a Regular Member and Elizabeth Foy as a First j Alternate Member to the Business and Cultural Development Board with terms to expire on June 1, 2003. Mayor Randels directed the City Clerk to notify the Board members of their appointments. , i 8. Motion to Adopt: Resolution No 01 -19; Renewal of the Engineering Services Agreement. Mayor Randels read Resolution No. 01 -19 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 1 A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to adopt Resolution No. 01 -19 to Renew the Engineering Services Agreement with Stottler, Stagg 1 and Associates, Inc. Mr. Boucher related that he solicited staff input on the Engineering services. He stated that site plan reviews are the firm's strongest area. Mr. Boucher I recommended that Brown and Caldwell provide engineering services for the wastewater facility and Stottler, Stagg would provide general engineering services. Mr. Pekar related that their firm anticipates the City's continued growth and that the firm is active in the community. Mr. Pekar also related that site plan reviews are the firm's main function. He explained how processing documents between the firm and the City's Building Department was reviewed. Mr. Reid stated that the firm's work product on Manatee Sanctuary Park project bid documents was not fully acceptable, however site plans are favorably performed. Mr. Pekar related that he would provide a checklist for Mr. Reid that would assist with the procedural aspects of the site plan review. Mr. Reid related that other entities are also involved in the site plan review to include the City Planner, Public Works and the Fire Department and how this adds to the difficulty of a comprehensive review. Mr. Treverton spoke in favor of the firm and Mr. Bruns concurred. Mr. Bruns expressed that effective communication between the firm and City's staff needs to be addressed. Mayor 1 1 i 1 City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 s Page 5 i Pro Tem Petsos supported the one -year renewal. Mayor Randels read a letter from Mr. 1 Weber who also spoke in favor to retain the firm. Mayor Randels related that the firm j addressed prompt site plan reviews this year resulting in a five -day turnaround. The motion passed 4 -0 with voting as follows: Mr. Bruns, For Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For DISCUSSION: i 9. Storm Water Marker Volunteer Project. l I i Mr. Boucher related that the City in conjunction with the County and the St. John River t Water Management District and other Brevard County communities performed a cost - 1 sharing project to provide "snook" markers for storm water drains. Mr. Boucher outlined the nature of the project and its benefit to the community. Mr. Boucher asked if Council would like to proceed with this as a volunteer project. Council agreed and set the date as Saturday, July 21 REPORTS: 1. City Manager • Mr. Boucher announced the Annual League of Cities Conference as August 23 j through the 25th and he requested to attend this year's conference, Council concurred. • Mr. Boucher reported that he received a quote from Canaveral Scientific, Inc. to pursue cost -share funding for the baffle box on International Drive available from St. Johns in an amount of $50,000 with a required $50,000 match from the City. The cost to pursue the grant is $5,960. Mr. Boucher responded to Mr. Bruns regarding dredging outfall in that a development plan would be done to ascertain what is needed prior to installing a baffle box. Ms. Adams clarified for Mayor Randels that this funding does not come under funding from Section 319 of the Clean Water Act. She related how she learned of the 1 funding and that prompt action is necessary. t I Request for an Add -on Item 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns for an Add -on Item of the Estimate for the Grant Services for St. John's River Water Management Local I Government Cost Share Program Grant for the Cape Canaveral Baffle Box Project on International Drive to the meeting agenda. The motion passed 4 -0 with voting as follows: Mr. 1 Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. A motion was made by Mr. Bruns and seconded by Mr. Treverton to pursue the $100,000, 50 -50 Matching Grant from the St. John's River Water Management for a Baffle Box on International Drive with a cost for grant application services to Canaveral Scientific, Inc. in the amount of $5,960.00. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For I 1 • Mr. Boucher distributed a draft letter on the Hospital Mitigation Project. Mayor Randels , i clarified that the hospital is asking for a letter that denotes the City's support. Mayor Pro Tem Petsos requested that the language in the letter restate the previous motion in that "the terms of the plan shall be mutually agreed upon by all parties." I 1 1 t t : City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 6 1 a • Mr. Todd Peetz explained how the County is reviewing school capacity issues and addressing school concurrency to determine if schools were able to meet the needs of a growing community. He explained how municipal review would outline the needs of the I school community and recommended that the City determine what is being proposed prior to taking any action. i • Mr. Boucher reported that the Fireworks signs would be available this week for installation on the dune crossovers. • Mr. Boucher reported on the title search regarding the 50 -foot right -of -way within the Villages of Seaport. He related what the City Attorney summarized in a memo in that ownership of the road is not clear and an action for quiet title could be appropriated at this time should that be Council's desired course of action. Council agreed to place the item on the next City Council Meeting agenda for discussion • Mr. Boucher reported on the site plan review on the Cape Caribe project and that the Planning and Zoning Board tabled this item. He stated that public beach access was a point of division. Council members restated their support of public beach access. Mr. I Boucher explained that the City's Planning and Zoning Board must by law stay consistent j with the Comprehensive Plan. Mr. Peetz stated that Chapter 163.31 -78(g) of State Statutes requires public beach access as part of the Comprehensive Plan. He also stated from the Florida Statutes under 163. 3194, "that all land development shall be consistent with the Comprehensive Plan." He reviewed the Coastal Management elements in Section 9 of the Comprehensive Plan and read policy 9.3 that states, "the City shall enforce public access to beaches re- nourished by public expense." The next Planning and Zoning Board meeting is scheduled for Wednesday, June 27 Mr. John Allen, Allen Engineering, related that there are ten beach accesses in the area for 4,000 people that are more than adequate by state „ Ei statutes. Mr. Mel Sawyers, of the Villages of Seaport, related the adverse reaction from the community on a proposed pedway that he received through a survey in his newsletter. He also requested that the City Manager forward all correspondence to him that relates to this issue. Mr. Tom Downs of Downs Development addressed Council regarding the possibility of foregoing the pedway project in order to gain beach access. He also suggested a wood walkway along the beachside adjacent to the Villages of Seaport. 2. Staff t I City Clerk • Mrs. Stills announced that children from the Voyager Program at Cape View Elementary would visit City Hall at 10:30 A.M. on Wednesday, June 20 • Mrs. Stills reported that information was distributed to City Council on grant funding available from the Bureau of Archives and Records Management to assist with public 1 records accessibility projects for historical documents. Building Official • Mr. Reid requested research on the purchase of the building across from City Hall for the Building Department due to lack of space for his staff. Mr. Boucher responded that he would like to formulate a plan for City Hall to present in the Budget process. 1 1 i Audience to be Heard • Mr. Daniel Christian of Shirley's Ice Cream requested that the Council review the ordinance that prohibits mobile vending in the City. Mr. Christian related that he is licensed by Brevard County and inspected by the State Department of Agriculture. Council agreed to I place the item on the next City Council meeting agenda for discussion. I i 1 City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 7 A 3. City Council Mr. Treverton • Mr. Treverton showed a map that depicted beach accesses and available vacant Tots and suggested viable parking alternatives using the vacant Tots for beach goers. Mr. Bruns • Mr. Bruns reported that construction on the Washington Avenue Park sidewalk is not concurrent with the bid specifications. Mr. Boucher responded that he would question Mr. Gardulski in staff meeting on the sidewalk installation. Mayor Pro Tem Petsos I • Mayor Pro Tem Petsos expressed appreciation to the Building Official's on his letter regarding the Cherie Down Park sidewalk issue. He also questioned the sidewalk removal on Buchanan Avenue. Mr. Reid stated that sewer line permits were underway and the Buchanan Avenue job would be completed subsequently. • Mayor Pro Tem Petsos inquired about streetlights on AIA and N. Atlantic Avenue. Mr. Boucher responded that a contract was executed with Florida Power and Light for one Tight on N. Atlantic Avenue. Mayor Randels E • Mayor Randels announced that he is looking for work for students available from June 25th through the 28 if there is a project. • Mayor Randels announced that Sargeant Andy Walters of the Canaveral Precinct is sponsoring a Golf Tournament for Ryan Richardson and he is requesting that the City pledge $100. • Mayor Randels announced Henry Dean's departure from the St. John's River Water Management District. • Mayor Randels reported that Avon -by- the -Sea proposed transferring $171,000 in Municipal System Taxing Unit funding for patrols in their area. Mr. Boucher related the burden that this would place on Cape Canaveral law enforcement. • Mayor Randels reported on funding from the Indian River Lagoon Scenic Highway and how Cape Canaveral is eligible for funding for an educational kiosk at the Manatee Sanctuary Park. ( ADJOURNMENT: There bein no further business, a motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bj . ` J k meeting at 10 :00 P.M. Motion carried unanimously. d 4 i "' '^ ' e k Rocky Randels, M AYOR i - , � 1 Sn Stills, CI • RK _ e s • (. 0,0= , ` w. VE p f tt d