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HomeMy WebLinkAboutMinutes 08-07-2001 Regular k CITY COUNCIL REGULAR MEETING 1 CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY 8 I August 7, 2001 7:00 PM 1 MINUTES 1 1 CALL TO ORDER: 1 ROLL CALL: i Council Members Present: ' Mayor Pro Tem Buzz Petsos 8 Mayor Rocky Randels Larry Weber I Richard Treverton I Council Members Absent Burt Bruns i Others Present: 1 Bennett Boucher, City Manager I Mark McQuagge, City Attorney 1 Susan Stills, City Clerk Andrea Bowers, City Treasurer 3 Ed Gardulski, Public Works Director 4 PRESENTATION: Linda Frank, Waste Management Camp Chance Check for Brevard CO. Sheriffs Office Mr. David Schoenberger, General Manager of Waste Management, presented a check for $850.00 to Officer Dee Meisner and Officer Pam Hibbs for Camp Chance. Camp 1 Chance had 52 attendees from Cape Canaveral during its week of service. Officer I Hibbs who initiated the idea of Camp Chance related some of the learning experiences and life changing stories about those who attended the camp. The program allowed the I children a chance to become familiar with Law Enforcement in a friendly setting. i CONSENT AGENDA: 1 Mayor Randels requested if any member of the Council, staff or interested party desired to remove an item from the Consent Agenda for discussion. I i Mr. Treverton requested to remove Item No. 4 from the Consent Agenda. 1 i I A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to approve I Consent Agenda Items No. 1, 2, 3, 5 and 6. Motion carried 4 -0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. I t i i 1 1 I 1 City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2001 Page 2 I 1. City Council Regular Meeting Minutes of July 17, 2001. 2. Bid Award for Bid No. 01 -07, Sewage Force Main and Gravity Sewer Line to Prime Construction Group, Inc. in the Amount of $136,481. 3. Bid Award for Bid No. 01 -08, Sewage Lift Station No. 4 Replacement to Santa Cruz Construction, Inc. in the Amount of $109,997.22. 5. Award Bid #01 -04, for Concrete Construction Services, to J & S Curb /Concrete. 6. Construction Inspection Services for Lift Station #4 and Sewer Main Projects. 4. Cancellation of Bid Award #01 -04, for Washington Avenue Sidewalk. -;f I A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to approve the Cancellation of Bid Award #01 -04, for the Washington Avenue Sidewalk Leaving Settlement Conditional to Negotiations. Mr. Treverton questioned why the contract was being revoked. Mr. Gardulski explained that the cost to hire a person CI experienced in the decorative detailing exceeded the contractor's price. Mr. Treverton asked if the concrete installed would be removed. Mayor Pro Tem Petsos expressed his concern that the cost of the installed concrete was excessive for the amount of work performed. Mayor Randels asked the City Attorney if the City was obligated to pay for the concrete installed. Attorney McQuagge deferred to the Public Works Director on the amount for the materials used. Mayor Randels clarified that Mr. Gardulski would negotiate if the cost to remove the concrete installed could be subtracted from the price. Mayor Randels clarified for Mr. Nicholas that the bid would now go to the next lowest bidder, J & S Curb and Concrete. Motion carried 4 -0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. ORDINANCES: 7. Motion to Approve: Ordinance No. 01 -01, Establishing a Police Protection Referendum Question for the November 2001 Election, for second reading. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 1 1 i f City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2001 Page 3 1 4 Discussion opened prior to a motion. Mr. Boucher referred to statistics submitted by the Sheriffs office for the years 1996 through 2000. Mayor Randels clarified that the data 4 depicted calls for service only. Mr. Treverton stated the he referred to the CAFR for information on the City's fiscal standing and found the City in good financial standing. Mr. Weber reviewed Building Department data and expressed concern with raising 1 taxes in light of new development. Mayor Pro Tem Petsos expressed that a referendum for Fire /Rescue is necessary due to increased staffing needs. Commander (Cmdr.) McGee explained for the Council that case reports were not I generated in the data for calls for service. Cmdr. McGee said that the data shown depicts calls from the main call center. Mayor Randels stated that he could not support I three tax increases: Police Services and Fire /Rescue now and Stormwater Utility in the near future. Mr. Francis Kuhns, 102 E. Central Blvd., asked for the official percentage of the City's budget that applies to Law Enforcement. Ms. Bowers stated that she would provide Mr. Kuhns with that information. Mr. Kuhns expressed concern with SWAT capability in a small jurisdiction such as Cape Canaveral. Mr. Kuhns expressed that he is not displeased with present Law Enforcement however he desired to see the City have greater control. Mr. Nicholas questioned the amount of millage to dollars. Mr. Boucher stated that a .25 percent millage increase would provide $118,130 in additional 1 funds. Martha Carroll, 112 Washington Avenue, asked if police protection would 1 increase if the referendum does not pass. Mayor Randels explained that due to the 13 s i percent increase in the City's revenue, the City is able to its maintain the present level 1 of service. j Mr. Boucher pointed out the future staffing projections and the need for specific referendum language in order to support the need for the tax. Council agreed by consensus not to proceed with a referendum for modification of an Ad Valorem Tax for 1 Police Protection. This ordinance failed for lack of a motion. 8. Motion to Approve: Ordinance No. 01 -02, Establishing a Fire /Rescue Services Referendum Question for the November 2001 Election, for second i reading. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE/RESCUE SERVICES; 1 ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL 4 PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve I Ordinance No. 01 -02, Establishing a Fire/Rescue Services Referendum Question for the i November 2001 Election, for a second reading. Mr. Boucher referred to data submitted by Chief Sargeant. Mayor Randels stated that the Fire /Rescue has increased in the amount of medical service calls. Mr. Boucher stated that National Fire Protection Association , 1 s 7 1 x City of Cape Canaveral, Florida City Council Regular Meeting j August 7, 2001 Page 4 ' L adopted a new requirement. Mayor Randels explained the new 2 -in/ 2-out staff { requirement with one in command in response to structure fires. Mayor Pro Tem Petsos stated that more funds would be needed from the General Fund to meet the requirement of this service. Mr. Treverton expressed that he was in favor of a tax increase for 1 Fire /Rescue services up to one mill. Mayor Randels clarified that Council could not lobby for the referendum to the electorate. Mayor Randels explained that if the referendum passed the future Council would decide how to spend the funds for the service. For the record, Mayor Randels spoke in favor of the tax increase. Mr. Boucher restated that the 1 language in the referendum would need to specifically state the need for the increase. Mayor Randels explained for Mr. Weber that the City does not own the Fire station and maintenance for the building is done through the Fire contract. Attorney McQuagge stated that three additional personnel and capital equipment would be included in the referendum 4 language. Motion carried 4-0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. , RESOLUTIONS: I 1 9. Motion to Adopt: Resolution No 01 -15, Dedication of Public Utility Easement from Suzanne E. Jamieson. i Mayor Randels read the resolution by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; DEDICATION OF A PUBLIC UTILITY EASEMENT FROM SUZANNE E. JAMIESON FOR THE PURPOSE OF LOCATING PUBLIC UTILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. 4 I A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to adopt Resolution No. 01 -15, Dedication of a Public Utility Easement from Suzanne E. Jamieson. Mayor Randels referred to the map submitted by Public Works in order to explain the scope of the project. Discussion followed in that the owner civic mindedly agreed to provide the easement. Motion carried 4 -0 with voting as follows: Mayor Pro j Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. i 10. Motion to Adopt: Resolution No 01 -23, Amending the 2000/2001 Budget and City Treasurer's Quarterly Report. i Mayor Randels read the resolution by title. 4 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND f ENDING SEPTEMBER 30, 2001; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adopt J 5 Resolution No 01 -23, 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. Ms. Bowers explained the increase in development has offset 1 I 1 i City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2001 Page 5 spending with most funds allocated to Contingency. Mayor Randels clarified the increases for the audience. Ms. Bowers explained that dedicated Capital Expansion Funds were set aside however purchases were not made which left money for the Contingency Fund. Mayor Randels commented favorably on the detailed analysis data that the City Treasurer submitted. Motion carried 4 -0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. DISCUSSION: Yf 11. General Fund Reserve Policy. Mayor Randels questioned why there are unallocated as well as allocated reserves. Mayor Randels asked why not leave the savings as is and use cash on hand for expenses? Mr. Boucher explained that the concept is to appropriate funding with foresight toward priority projects. Mayor Pro Tem Petsos expressed concern with sufficient funding in the Escrow account and stated the need for six months capital in reserves. Mr. Treverton asked for an estimate on street paving. Mr. Boucher approximated $80,000 per mile and $1.2 million total. Council agreed to increase the street paving escrow by $200,000 and add $100,000 to the Emergency Fund, with a future goal of $1.5 million. A motion was made by Mr. Treverton and seconded by Mr. Weber to set aside $200,000 per year for the paving portion and $100,000 for financial emergencies in the General Fund Reserve. Motion carried 4 -0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 12. Sewer Main Cost Share. Mr. Gardulski outlined a sample policy for utility line cost sharing, and expressed concern for the hardship on the three families with septic service on Oak Lane and asked for Council's consideration to share the cost of the sewer installation. Mr. Gardulski pointed out the Gravity Main portion of the Oak Lane project. He stated that La Cantina and Circle K are currently on the sewer system. Mayor Randels related how a similar project was done on Long Point Road with a 12 -month payment plan. Mr. Treverton asked if the City could pay for the cost of the line since this was part of the total sewer renovation concept. Mayor Randels commented on fair application of the ordinance in light of past assessments. Mr. Gardulski replied that he researched with St. John's for funding. Mayor Randels stated that he knew of a funding source. Mayor Randels summarized that the consensus is to continue to follow the policy written in the City code Section 78.75. Mr. Boucher stated that a special assessment is required of the affected property owners. Ms. Bowers commented that a 12 -month period is rather stringent for payment and said that three -to -five years seem appropriate. Mr. Boucher stated that staff would develop some financing options along the lines of a special assessment. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2001 Page 6 13. Legislative Action Items for the Space Coast League of Cities. } Mayor Randels requested items from the Council to submit to the Space Coast League of Cities committee meeting in Orlando. Mayor Pro Tem Petsos requested addressing fireworks sales. Mayor Randels related that usage is also a concern. Mr. Treverton concurred. Mr. Boucher recommended stricter domestic violence penalties. Mr. Weber recommended stricter litter laws and fines. 14. City Hall Expansion Options. Mayor Randels expressed the need to proceed with some action on the City Hall expansion. Mayor Pro Tem Petsos questioned the status of using the Library for additional space. Mayor Randels explained that Tom Jenkins, County Manager asked the City to move away from this request. Mayor Pro Tem Petsos stated that the City invested $73,000 in the expansion project and the City should have access to its use. Mr. Boucher related the concerns of Catherine J. Schweinsberg, Library Services Director. Mayor Randels directed the City Manager to insist on an explanation. Mr. Nicholas replied that the City relies on the County for operations and maintenance. Mr. Treverton expressed that the Library community room is beneficial for the residents. He also expressed that the bay areas should remain for storage. Mr. Treverton spoke in favor of purchasing the property adjacent to City Hall for the Building Department. Mayor Pro Tem Petsos expressed leaving the bay for storage as well however he spoke in favor of using Council chambers for the Building Department and moving the Chambers to the Library meeting room. Mr. Boucher stated that, 1) an answer from the County Manager on using the Library Meeting Room and 2) an appraisal on the property at 160 Polk Avenue are two courses of action. Mr. Nicholas asked if expansion of the current building was abandoned. Mayor Randels replied that no support was shown to expand the existing City Hall. Mayor Pro Tem Petsos stated that using the Xeriscape Park became a point of division. Council directed the City Manager to proceed with findings on the previous two courses of action. REPORTS: 1. City Manager • Proposed Reindeer Run Partnership w /Canaveral Port Authority. Mr. Boucher reported that the Business and Cultural Development Board recommended partnering with Canaveral Port Authority for this year's Reindeer Run event only. Mr. Barzelatto's memo outlined how this event would be co- sponsored. Mr. Weber stated that although he favored a co-sponsorship he was concemed with a loss of promotional control. He related how the Board expended great effort in initiating the event. Mayor Pro Tem Petsos concurred with Mr. Weber's concem in that the City invested much time and effort to build the event over previous years. Mr. Treverton asked if the Board chair could explain its rationale to the Council at the next meeting 1 City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2001 e; Page 7 2. Staff City Clerk • No report. City Attorney • Attomey McQuagge reported that the City of Cocoa Beach held a closed executive 1 session to discuss whether the Commission should accept or reject the interlocal agreement resolution. He stated that under Chapter 164 we are required to mediate. An agreement was made to submit two names for mediators, Dwight Severs and Rick Torpey. He said that no response is forthcoming from Attorney Sachs regarding mediation, under Chapter 164, the court would appoint arbitration by a third party, if the parties were unable to pick a mediator. 1 Attorney McQuagge informed that the executive session was held in violation of sunshine law. Mr. Boucher requested a copy of the transcript from the Cocoa Beach City Clerk's office in that since we are not in litigation, Cape Canaveral is privy to the records. Attomey McQuagge stated that the Cocoa Beach City Clerk would need to provide what statutory provision was used to deny access to the records requested. Attorney McQuagge asked for the appropriate civil remedy to pursue in order to obtain the transcripts prior to mediation. If Cocoa Beach does not provide records, Attorney McQuagge would like to tum the matter over to the State Attorney's office for action. Council directed staff to allow Cocoa Beach time to consult with their legal counsel and City Commission and afford them the opportunity to respond to the public records request before the City takes any legal action on this matter. Mr. Boucher related that a joint resolution would require a vote at a public meeting. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to extend the meeting to no later than 10:30 P.M. Motion carried 4 -0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1 3. City Council Mr. Weber 3 • Mr. Weber thanked the Police Department for the National Night Out. • Mr. Weber recognized the City Clerk's attendance at her first year in the Florida Public Personnel Academy. • Mr. Weber asked if there was any to way to reduce the paper flow and provide this information electronically. The Clerk's office will work on this issue. Mr. Treverton , • Mr. Treverton reported on using his laptop computer and agreed with further use of electronic communication. i 1 1 4 City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2001 Page 8 , i Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked the City Manager for the status on the broken sidewalks on Pierce Avenue and on Cherie Down Park due to new construction. He requested a 4 letter regarding what can be done and if not, to provide an explanation. • Mayor Pro Tem Petsos asked for a date from Florida Power and Light on the street light installation on N. Atlantic and SR Al A. 1 • Mayor Pro Tem Petsos asked the City Treasurer to provide data for the fire hydrant rental for the next Council meeting. x Mayor Randels I • Mayor Randels questioned the status on the insurance claims regarding Joyce Stachel, the First Interstate swimming pool and Geraldine Miller. Mr. Boucher replied that Council was provided a copy of Attomey McQuagge's opinion on the Stott ler property. He also responded that the Stachel case was extended into September and depositions are in progress on the Miller case. J • Mayor Randels referred to a fax from Citizens for Florida's Waterways. Ron Pritchard J requested to address the Council. Council members did not support this request. • Mayor Randels reported that Longboat Key has an ordinance on invasive plants making it illegal for homeowner's to grow such plants. Mayor Randels asked if there were any interest? Mr. Boucher responded that he would look into current City code. • Mayor Randels announced that the Brevard County delegation of the State legislators would hold a meeting and asked if Council had any items to forward. Mayor Pro Tem Petsos responded that legislative items would proceed through the Space Coast League of Cities. • Mayor Randels reported that Troy Rice of St. John's River Water Management needed feedback regarding available funding for a baffle box on International Drive. Mr. Boucher responded that Gordon England and Ed Gardulski are working on the application. • Mayor Randels referred to a letter from Mr. Hans Saurenmann. Mr. Boucher responded that the Public Works Director wrote a report on the City's action taken and a copy was submitted to the City Attorney. The City Attomey responded that the City cleared pepper trees within the right -of -way. Mr. Boucher responded that Mr. Saurenmann did not identify his damages. • Mayor Randels reported that the Wildflower license plate ranks 17' of the license I plates purchased out of 54 specialty license plates. • Mayor Randels asked if notification of Council's action on the Ridgewood pedway concept at the previous City Council meeting was provided to homeowner groups. Mr. Boucher responded that the minutes were adopted at this meeting and copies would be 1 forwarded to those interested parties. • Mayor Randels reported that the Ocean Oaks Condominium Association asked for a proposal for a Quitclaim deed of the 50 -foot right -of -way on Ridgewood Avenue. Mr. Boucher responded that this request would first proceed to the Planning and Zoning Board. i • Mayor Randels inquired about the Ridgewood road presentation to the Villages of i Seaport and asked if Tom Downs received notification of the Council's decision to allow J the easement to expire. Members affirmed Mr. Down's presence at the meeting when J I , J 1 1 City of Cape Canaveral, Florida 1 City Council Regular Meeting 1 August 7, 2001 Page 9 4 1 the action was taken. Mr. Boucher responded that the escrow agreement would be an 1 item on the next agenda. • Mayor Randels reported a project by the St. John's River Water Management District to install a 30 -inch water main along SR 528 extending into the Port Canaveral. Mayor explained that just north of State Road 3, the County has a new j sewer treatment plant and reclaimed water is injected into the ground. Mayor Randels would like to propose to the County a reclaimed water line from State Road 3 to the Port branching into the City's line. He explained how this proposed line could benefit Port, Cape Canaveral, Cocoa Beach as well as Patrick Air Force Base who receives water , from Cocoa Beach. Mayor Randels explained that the line could be installed during the 1 open- trenching process. Attomey McQuagge was not able to explain any affects of this proposal on the interlocal agreement. 1 • Mr. Weber inquired about mowing on Ridgewood Avenue behind Cape View Elementary School. Mr. Boucher responded that he would look into the status. AUDIENCE TO BE HEARD: t Mr. Leo Nicholas I • Mr. Nicholas asked if the City would notify Harbor Heights residents of the sewer line installation. • Mr. Nicholas questioned if consideration was given to any affect of new development on the City's sewer capacity. Mr. Boucher responded that quarterly concurrency data is performed that encumbers new development. Mr. Boucher replied to Mr. Nicholas that the total monthly average is 900,000 gallons per day and is the City is permitted for 1.8 million gallons per day. ADJOURNMENT: There being no further business the meeting adjourned at 10:40 P.M. ' r• CI.1-c) L.., ,_ Rocky Randels, M YOR fir. . Sus= §tills, CITY CLE i4_ i