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HomeMy WebLinkAboutMinutes 11-20-2001 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida i C TUESDAY November 20, 2001 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: 1 1 Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos 1 Mayor Rocky Randels Richard Treverton Larry Weber Bennett Boucher, City Manager (Absent) Others Present: Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Ed Gardulski, Public Works Director Morris Reid, Building Official Thomas Bubb, Building Inspector Commander George McGee, Canaveral Precinct Chief Dave Sargeant, CCVFD 4 PRESENTATION: Mayor Randels made a farewell presentation to Council Member Burt Bruns. Mayor Randels acknowledged Mr. Bruns' service on the City Council since November 1995. Mayor Randels also noted the influential changes that Mr. Bruns made to the City such as removing a deteriorating house on the beach, widening the sidewalks for a bicycle friendly thoroughfare, enhancing the Washington Avenue Park sidewalk, tree planting, community clean -up projects and promoting the reclaimed water system. Mayor Randels presented Mr. Bruns with a plaque in honor of his service on the Council. Mr. Bruns departed by saying that the Council is unified in its work and he is looking forward to continued efforts from the members. Each Council member also thanked Mr. Bruns for his work. i C g 1 I City of Cape Canaveral, Florida 1 City Council Regular Meeting November 20, 2001 Page 2 1 OATHS OF OFFICE: Assistant City Attorney Mark McQuagge administered the oaths of office, first to incumbent Council Member Richard Treverton and then to newly elected Member, James Morgan. CONSENT AGENDA: Mayor Randels asked if any Council member, staff or interested party would like to remove an item from the Consent Agenda for discussion. I Mr. Gardulski reported that Mrs. Jamieson requested to remove Item No. 6 from the Agenda. Mayor Pro Tem Petsos requested to remove Items No. 5 and 7 from the Consent Agenda. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Consent Agenda Items No. 1,2,3, 4 and 8. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1 1. City Council Regular Meeting Minutes of October 16, 2001. 1 2. Resolution No. 01-41; Reappointing Regular Members to the Beautification Board. (Nicholas & Laws) 3. Resolution No. 01-42: Appointing a Regular Member and a First Altemate Member to the Library Board. (Bell & Reid) I 4. Cooperative Purchase of (7) 800 Mhz Radios from Communications International, Inc. in the amount of $14,982.24. 1 8. Cooperative Purchase of Two Scoreboards in the amount of $9,060 to Score I Board Sales and Service. 5. Cooperative Purchase of a Defibrillator and Upgrade Kit from Medtronic I Physio Control Corporation in the amount of $9,612.60. 1 A motion was made by Mr. Weber and seconded by Mr. Morgan to approve the 1 Cooperative Purchase of a Defibrillator and Upgrade Kit from Medtronic Physio Control 1 l Corporation in the amount of $9,612.60. Mayor Pro Tem Petsos asked Chief Sargeant to provide relative information on the purchase. Chief Sargeant reported that this cost last 1 1 year was $19, 000 and he informed that the actual cost of the new defibrillator this year is $11, 012.45. At the same time he would also upgrade the 280D's on the volunteer trucks at a cost of $5,473.75 and also upgrade non - evasive blood pressure equipment. Chief I I I i i 1 City of Cape Canaveral, Florida 1 City Council Regular Meeting November 20, 2001 Page 3 1 II1 Sargeant stated that these purchases would establish the department's capital purchases for ten years within the $10,000 budgeted. Mayor Randels clarified that the Port Authority would pay the other half of the defibrillator cost and the purchase would be done under the SNAPS purchasing contract with the state. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1 7. Cooperative Purchase of Emergency Generator in the amount of $24,765 to Florida Detroit Diesel. i 3 Mr. Gardulski reported that the proposed generator is a replacement for the existing unit 1 at the wastewater facility. He informed that the newer unit is larger and mobile. Mr. Gardulski replied to Mayor Pro Tem Petsos that the unit at 111 Polk Avenue is for use to the Annex building and City Hall. Mr. Gardulski also replied to Mayor Pro Tem Petsos that the unit is a back -up system for the lift stations and not a primary unit. Mr. Gardulski responded to Mr. Treverton's question on protecting the existing generator in that he t. would install a concrete slab and a cover. Mr. Gardulski replied to Mayor Randels that it is j possible to disconnect the existing unit and use it as a mobile backup. Mr. Gardulski stated that his primary concern in an emergency situation is the lift station. Mr. Weber j asked if a unit could be rented to which Mr. Gardulski replied that supply and demand is the criteria in acquiring a rental during a major emergency. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to table the Cooperative Purchase of an f Emergency Generator until further information is provided as well as a backup -plan for emergency power. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1 i i ORDINANCE: First Public Hearing 1 9. Motion to Approve: Ordinance No. 06 -01; Amending Chapter 82 Relating to Buildings and Building Code Regulations, for second reading. I 1 Mayor Randels read Ordinance No. 06 -01 by title. i AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, 1 AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF THE FLORIDA BUILDING CODE, THE 2001 EDITION THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE 1 INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 1 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Ordinance No. 06 -01; Amending Chapter 82 Relating to Buildings and Building Code 1 I 1 City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 4 Regulations. Mr. Reid explained that this adopted code would precede the changes to the 1 Building Code effective January 1, 2002. Mr. Reid stated that the most prominent changes for the City under the new code is the 130 per hour wind gust factor and a category "C" due to the City's ocean to river location. Mr. Reid informed that state code would require new construction to have wind debris protection from all openings of the building. He approximated that construction on a new home might increase between $6,000 and $10,000. Mr. Reid replied to Mr. Weber that the existing wind gust factor is 110 miles per hour however that is based on the 1988 ASAD code. Mr. Morgan questioned what price home Mr. Reid referred to in his approximation. Mr. Reid responded the $150,000 price range. Mr. Reid responded to Mr. Weber that the Plumbing category adopted the International Code that is less stringent. Mr. Reid summarized that the Building Code is basically the same however the State of Florida omitted much of chapter one that is the administrative portion. Mr. Treverton questioned the source and assemblage of the new code. Mr. Reid responded that the Building Officials Association of Florida appointed committees to review the code due to omissions and to prepare the revisions. Mr. Reid replied to Mr. Treverton that all Brevard County cities would adopt the Code. Mr. Reid said that the Administrative Code was omitted at the State level and this ordinance would adopt an administrative section of the building code for the purpose of building operations. Attorney 99 Mc Q ua a addressed Mr. Treverton and stated that he, Mr. Boucher and Mr. Reid had reviewed Chapter 82 of the City Code in order to get a completed document. Mr. Weber queried a reference to Chapter 468 of the State statutes. Mr. Reid explained that Chapter 468 of the State statutes sets the criteria for the disciplines to perform a job as a building staff employee. Mr. Reid affirmed Mayor Randels' question that 1998 is the latest edition in some of the listed categories. Mayor Randels queried if older homes would need an upgrade to maintain insurance. Mr. Reid speculated that price breaks might be supplied on insurance for existing homes if upgrades were made. Mr. Reid stated that any new additions would need to comply with the new code. Attorney McQuagge also stated that any pre- existing, non - conforming structure would need to comply with the new code specifications. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro j Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. RESOLUTIONS: II 10 Motion to Adopt: Resolution No. 01-39, Appointing a Mayor Pro Tem. A motion was made by Mayor Randels and seconded by Mr. Weber to Adopt Resolution No. 01 -39, Appointing Buzz Petsos as Mayor Pro Tem. Mayor Randels explained that the Mayor Pro Tem acts on behalf of the Mayor in his absence. Mr. Treverton expressed his support for Mr. Petsos as Mayor Pro Tem as well as his work with the Space Coast League of Cities. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor 1 j Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For 1 4 1 City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 5 11. Motion to Adopt: Resolution No 01-43, Policy for City Employees to Use I Melbourne International Airport for Business Travel. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 01-43, Policy for City Employees to Use Melbourne International Airport for Business Travel. Mayor Randels explained that that the Melbourne Airport requested I support for this ordinance. Mr. Weber expressed that a show of support was necessary for this as well as for local businesses. Mayor Pro Tem Petsos expressed that the language "whenever possible" was favorable. Mr. Nicholas suggested a policy statement i that would make cost a consideration to use travel from this airport. Staff was directed to 1 report back with purchasing controls from the City's policy. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. CONSIDERATIONS: 12. Appointment of Space Coast League of Cities Voting Delegate/ Director. 1 A motion was made by Mayor Randels and seconded by Mr. Treverton to appoint Mayor i Pro Tem Buzz Petsos as the voting delegate and Larry Weber as the altemate voting t i delegate to the Space Coast League of Cities. Mayor Randels asked Mr. Treverton if he would like to participate in the Space Coast League of Cities activities. Mr. Treverton respectfully declined any nominations due to his teaching commitment. Mayor Randels then asked Mr. Morgan if he would like to participate. Mr. Morgan replied that he would like to consider an appointment after some time on the Council. Mayor Pro Tem Petsos passed to Mr. Weber as the voting delegate position and proposed Mr. Morgan as the alternate delegate. Mr. Weber commented that participation might provide a learning experience for Mr. Morgan. Mr. Morgan expressed that he would like time to learn League functions prior to accepting the position. Mr. Treverton explained that the alternate position was not time intensive, after which time Mr. Morgan agreed to the nomination. Mayor Randels amended the language in his motion to state Larry Weber as the Voting Delegate and Jim Morgan as the Alternate Delegate. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. DISCUSSION: 13. Enclosed Bus Shelters Mayor Randels gave background on this discussion and distributed a rendering of the bus shelters. He reported that the federal govemment would supply a shelter with no advertising displays. Mr. Morgan expressed concern with the shelter construction as well as continued maintenance aside from litter. Mr. Morgan also asked if this grant from the federal govemment were permanent. Mayor Randels responded that this grant from the federal govemment was for three years in an attempt to lessen traffic, gain riders and assist the 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting 1 November 20, 2001 Page 6 elderly. Mr. Morgan asked if the shelters would be removed if the project were not feasible. i L Mayor Randels responded that the shelters would remain. Mr. Weber questioned maintenance and vandalism issues. Mr. Weber expressed that he was not in favor of advertising on the shelters. Council members requested more information of the project. Mr. Treverton deferred to Commander McGee to explain from a safety standpoint. Commander McGee expressed that the shelters would create a haven for the homeless as well as a problem for traffic on the A1A corridor. Mr. Treverton expressed his overall disfavor with a mass transit unit in a Tess urban area. Chief Sargeant asked if the grant is for the shelter only or if installing a deceleration lane was included. Mayor Randels explained that the Florida Department of Transportation preferred that the trolley stop in the line of traffic as opposed to using a deceleration lane. Chief Sargeant related how the SCAT bus system would not deviate from the course of a scheduled event. A motion was made by Mr. Treverton and seconded by Mr. Morgan to table further discussion on the Enclosed Bus Shelters. The motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. I AUDIENCE TO BE HEARD: Ms. Pamela Wan addressed her concerns regarding a conflict with neighbors. Mayor Randels referred her to Commander McGee for assistance. Mayor Randels gave background on the situation in that the neighbor in question had many guests in the home at late evening and early morning hours. Council Members questioned if law enforcement t I could regulate the City's noise ordinance. Mayor Randels said that the Canaveral Precinct I and the City Manager are aware of the situation. Mr. George Bowman expressed that the people involved had responded with foul language and left alcoholic beverage containers in adjacent yards. He said that seven of the fourteen units would be willing to meet with the Commander. 1 1 Mayor Randels called for a brief recess. The meeting convened at 8:34 P.M. i i 14. City Code Review — Chapters 1 and 2 1 Mayor Randels questioned if the Council would like to consider this at a workshop meeting. Mayor Pro Tem Petsos requested to review through Chapter Six. Attorney McQuagge responded to Mr. Treverton that any changes would require two readings and legal advertising. Mr. Treverton requested to proceed with more code chapters at the next meeting. Council members concurred to review Code chapters through Chapter Six and I submit changes to the City Clerk prior to the next Council meeting. Council will schedule a workshop meeting to review the Code at the next scheduled regular meeting. REPORTS: i 1. City Manager— Not present. 2. Staff A I 1 1 a 4 1 I City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 7 i Mr. Gardulski I • Mr. Gardulski reported that he is working on easement agreements with the businesses I along the SR A1A corridor. Mr. Gardulski found graduate students to present an architectural design for the A1A south sign near Grant Avenue. • Mr. Gardulski reported that 60 palms trees are set for installation in the Atlantic Avenue and Ridgewood Avenue areas. • Mr. Gardulski reported that the leak in the Council meeting room was addressed. Mr. Morgan commented that the wall might need further repair to prevent a health hazard. , • Mr. Gardulski reported on the A1A beautification progress. Mayor Randels and Mayor Pro Tem Petsos expressed concern with the impending grant fund expiration. Mr. Treverton recommended canvassing interested businesses on improving their aesthetics. Mr. Morgan volunteered to meet with local business owners regarding the A1A beautification efforts. i • Mr. Gardulski requested a replacement for the Brevard County Water Board in light of Mr. Bruns' departure. Staff would forward information on this to the Council. Chief Sargeant • Chief Sargeant reported on the City ISO's downgrade from a five to a four rating. • Chief Sargeant stated that the Building and Fire Codes expire as of December 31, 2001. He related that the Fire Code adopted administration in the State statute. The adopted code is the 2000 Edition of the Life Safety and National Fire Protection Association (NFPA) One code. NFPA One mirrors the standard Fire Prevention Code. Since there are conflicting regulations in the Building and Fire Codes, the Construction Board of Adjustment and s I Appeals can intervene to make determinations. Mr. Treverton asked about a Fire Inspector scheduled to work as the Code Enforcement i Officer. Chief Sargeant stated that by ordinance all fire inspectors are code enforcement officers. He affirmed that one of his staff is on schedule as a temporary City employee on his y4 off -duty hours however he was unaware of the amount of hours. City Clerk • No report. City Attorney j • No report. i 3. City Council I Mr. Weber • Mr. Weber requested proper electrical installation around the dais for safety purposes. • Mr. Weber commented on the A1A All American weekend and said that community participation was nominal but good for the short amount of preparation time • Mr. Weber announced the City wide cleanup on January 19 8 A.M. to Noon. He requested that staff notify all City Board members of this event. 1 Mr. Treverton • Mr. Treverton reported that Dixie Sampson provided him with a tour of the Canaveral Port Authority. i • Mr. Treverton commented on the Budget expenditures in the Public Safety, Code Enforcement and Legal Counsel areas. He also commented on the Capital Expense Impact I I 1 i I 1 i City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 1 Page 8 i ' ; , Fees with an increase of 35 percent in one month. Mr. Morgan expressed that the increase might be due to permit applications with the imminent changes to the Building Code. 4 Mr. Morgan 1 • Mr. Morgan expressed thanks for his election to office. • Mr. Morgan also expressed that he has input on the storm water proposals. Staff will 1 supply Mr. Morgan with a copy of the storm water master plan. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos expressed favor on continued progress with the A1A landscaping. • Mayor Pro Tem Petsos questioned about the Library agreement. Attorney McQuagge stated that a draft proposed letter was ready and awaiting approval for forwarding to the 1 County Commission and the Library Manager. The City is prepared legally to proceed in 1 acquiring use of the meeting room if that is Council's desire. Attorney McQuagge suggested g placing this item on an upcoming agenda for further discussion. • Mayor Pro Tem Petsos queried Mr. Gardulski on the sand fences. Mayor Pro Tem would like to contact Mr. Kevin Bodge of Olsen Engineering on the feasibility of installing an additional section to the east of the existing sand fences and to create a second dune. • Mayor Pro Tem Petsos referred to the sidewalk concerns in the Cherie Down Park area from a resident that was sent to the City electronic bulletin board. He requested that staff ensure that the sidewalk is restored prior to issuing a Certificate of Occupancy. 1 • Mayor Pro Tem Petsos referred to the Cape Scientific grant application and the lack of points for the 8.5 acres on Central Blvd. and N. Atlantic Avenue. Mayor Randels related that 1 I : the hearing for the application is November 28 He stated that the City was one of the first i E to apply for a grant, however the project did not rank highly on the funding scale. • Mayor Pro Tem Petsos thanked staff for acknowledging his birthday. 1 Mayor Randels • Mayor Randels thanked Commissioner O'Brien for the use of the newly paved parking I lot at the American Boom and Barrier Company for the All-American Weekend. • Mayor Randels reported on a 154 -unit hotel on North Atlantic Avenue that was approved at the Community Appearance Board meeting. i • Mayor Randels related that Susan Smiley of the Space Coast Press - Tribune would like to hold her "A Day at the Park" with the editor at the Manatee Sanctuary Park. I • Mayor Randels reported that Scuttlebutt magazine recognized the City's proclamation for Navy League activities in its issue. • Mayor Randels acknowledged no interest was shown on buying a holiday tree to decorate at the zoo. • Mayor Randels requested input on designing the next Annual League of Cities magazine advertisement. Mr. Treverton suggested a photograph of the new Manatee Sanctuary Park boardwalk. i I Prior tooligatik9 members agreed to retum to the City golf shirt attire. W)URNMEN 1 e jnq adjourned at e . f ..... 3 E M. \j C: - ....._. ■ [ i, , % * r ' A Rocky Randels, MAYOR SSusan Stills, TY C -RK. r. ' : ' #j • i t 1