HomeMy WebLinkAbout01-17-1995 Regular Meetingr
CITY COUNCIL
REGULAR MEETING
January 17, 1995
A Regular Meeting of the Cape Canaveral City Council was held on January 17, 1995, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order
at 7:02 P.M. by Mayor Porter.
ROLL CALL:
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Clerk
PRESENTATIONS/PROCLAMATIONS:
John Porter
Rocky Randels
Arthur Berger
Leo Nicholas
Buzz Petsos
Bennett Boucher
Kohn Bennett
Faith Miller
Present
Present
Present
Present
Present
Present
Present
Present
1. Presentation to Russell Lloyd in recognition of service to the City's Board of Adjustment.
Mayor Porter and Mayor Pro Tem Randels, on behalf of the City of Cape Canaveral, presented
to Mr. Lloyd a plaque in recognition of his many years of service (1978 -1994) to the City and
its Board of Adjustment. Mr. Lloyd expressed his appreciation and stated that he had enjoyed
working with the Board, Council and City staff. Mr. Randels stated that it was through efforts
such as Mr. Lloyd's that the City was a better place to live.
2. 1994 Christmas Beautification Awards
Residential Tina, Bennett & Alex Boucher
Multi- Family - Mr. & Mrs. Hal Sullins
Port Canaveral Mobile Park
Commercial
- Loggin's Peddle Power
Mr. & Mrs. Loggin
Mrs. Jackie Coates, Beautification Awards Chairman, read a brief description of each property
and its Christmas decorations and presented the 1994 Christmas Beautification Awards to the
above recipients. Mr. Sullins accepted the Commercial award on behalf of all of his tenants.
Mayor Porter thanked all of the recipients for their efforts and pride in the community.
3. Opticians Month - January. 1995.
Mayor Porter read the proclamation and presented it to Mrs. Gloria Dodge. Mrs. Dodge
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Regular City Council Meeting
January 17, 1995
Page 2
thanked the Mayor and Council and reminded everyone to ask for their licensed professional
when selecting eyeware.
ADOPTION OF MINUTES:
1. Combined Workshop & Regular City Council Meeting of January 3, 1995.
Motion by Mr. Nicholas, seconded by Mr. Randels to adopt the minutes as presented. Motion
carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For.
NEW BUSINESS:
1. Motion Re: Quarterly budget transfers.
Motion by Mr. Randels, seconded by Mr. Nicholas to accept the budget transfers as presented
and discussed for the quarter ending December 31, 1994. Mr. Randels stated that he liked the
new format of the transfers. Motion carried with members voting as follows: Mayor Porter,
For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For;
Councilmember Petsos, For.
2. Resolution No. 95 -05. Appointing a regular member to the Recreation Board.
Mayor Porter read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mr. Nicholas, seconded by Mr. Petsos to adopt Resolution No. 95 -05 to appoint John
Dattilo as a regular member of the Recreation Board with a term to expire on October 1, 1995.
Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels,
For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For.
3. Resolution No. 95 -06. Authorizing the Mayor and City Clerk to enter into an interlocal
agreement with the City of Cocoa to provide utility billing services.
Mayor Porter read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF COCOA TO PROVIDE UTILITY
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January 17, 1995
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BILLING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 95 -06. Ms.
Deborah Haggerty, City Treasurer, stated that there were several minor changes to the
Resolution as submitted by Mr. Bill Potter, Attorney. Mr. Potter had recommended that the
description of administrative fees be clarified on page 3, Item 2. Mr. Nicholas questioned the
wording "utility penalty service fees". Ms. Haggerty stated that the penalty fee was for any
unpaid balance and was the same as "late charges".
Motion by Mr. Nicholas, seconded by Mr. Berger to amend the interlocal agreement to change
the wording for administrative fees (pg. 3, item 2) to read: "Additional services shall include,
but are not limited to, garbage, recycling and stormwater; including late penalty fees and
reinstatement fees". Mr. Berger and Mr. Randels spoke in favor of the Resolution. Motion
carried on the amendment with members voting as follows: Mayor Porter, For; Mayor Pro Tem
Qortemie d Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember
a (i (4s- �, For.
$'�"` 'Petsos
Motion carried on the main motion with members voting as follows: Mayor Porter, For; Mayor
Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For;
Councilmember Randels, For.
4. Resolution No. 95 -07, Making findings relative to the selection of an engineering firm
to provide consulting professional engineering services on a continuing contract basis.
Mayor Porter read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; MAKING FINDINGS RELATIVE TO THE SELECTION OF AN ENGINEERING
FIRM TO PROVIDE CONSULTING PROFESSIONAL ENGINEERING SERVICES ON A
CONTINUING CONTRACT BASIS; SELECTING AN ENGINEERING FIRM; AND
PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mr. Nicholas, seconded by Mr. Berger inserting in Section 2, Selection the following
firms: 1) Stottler Stagg & Associates; 2) Hartman & Associates, Inc.; and 3) Dyer, Riddle,
Mills & Precourt, Inc., and in Section 5, inserting the name of Stottler Stagg & Associates. Mr.
Boucher stated that staff would be working with Stottler Stagg representatives on a draft
agreement for presentation at the next Council workshop meeting.
Mr. Nicholas questioned if Mr. John Pekar would be the City's point of contact and Mr. Pekar
responded affirmatively. Mr. Nicholas addressed his concerns regarding Stottler Stagg's history
in the City, particularly with the Ocean Woods project which had involved some of the Stottler
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January 17, 1995
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Stagg principals. He questioned whether the restriction that Stottler Stagg would not be involved
in any future development or construction within the City, due to of any potential conflict of
interest would also apply to individual principals of the firm. Mayor Porter stated that he had
suggested to Mr. Pekar that Stottler Stagg principals may want to discuss the potential loss of
business within the City if the firm became the City Engineer. He directed the City Manager
to ensure that the Stottler Stagg and its principals eliminate any possibility of conflict of interest.
Mr. Nicholas expressed his point of concern that he did not have it certain in his mind that
Stottler Stagg would do a good job for the City. He stated that the firm had a lot of experience
in and with the City in the past and that there was no reason why the City should not continue
to work with Stottler Staff on a higher note. Mayor Porter stated that prior to the presentations
he had not listed Stott ler Stagg as one of his top choices, but he was very impressed that Mr.
Pekar had taken the time to study the City and its Goals & Action Plan thereby expressing his
enthusiasm for the City's plans.
Mr. Randels stated that there had been concerns in the past regarding the length of turnaround
time for the review of site plans and he would like to determine a "reasonable" turnaround time.
He stated that with regard to the Ocean Woods development it was not so much the firm of
Stottler Stagg that was involved, but it was of the owners of the firm who was developing the
property on his own. Mayor Porter expressed that regardless of any possible development
problems, Ocean Woods was a beautiful development. Mr. John Pekar, Stottler Stagg &
Associates, expressed his excitement regarding the opportunity to work as the City Engineer.
Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels,
For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For.
Mayor Porter recognized Mr. Ralph Williams, Assistant Superintendent for Management &
Information Systems of the Brevard County School Board, who was present in the audience.
Mr. Williams stated Dr. Sawyer, as the new School Board Superintendent, was proposing a bond
referendum to be submitted to the electors in May. He stated that he had 31 years experience
in the Brevard County Schools system and he saw the need for additional funds. He stated that
positive industry and long -term residents could not be achieved within Brevard County if there
was a mediocre school system. He supported a first class school system and quality education
within Brevard. He stated that Dr. Sawyer planned to attend a future Council meeting to
provide a presentation on the bond issue.
5. Monthly Activity Reports. - No comments.
DISCUSSION:
1. Mrs. Jo Townsend, 219 Johnson Avenue, stated that she worked for the University of
Florida in an energy program with hotels. She expressed several concerns regarding water and
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Regular City Council Meeting
January 17, 1995
Page 5
landfill issues. She stated that Volusia County had mandatory commercial recycling and she
questioned why Brevard County did not have such a program. She stated that hotels could
generate 2 -8 tons of waste per day and about 70% of the waste was completely recyclable. She
expressed her opinion that Brevard County was lagging behind in environmental areas. She also
stated that the St. Johns River Water Management District ( SJRWMD) was giving thousands of
dollars of funds in Volusia County to the hotels, restaurants, etc. in the form of rebates on
retrofits for hotel shower heads, low flow toilets, aerators, etc. Discussion followed regarding
the concerns brought up by Mrs. Johnson.
Mr. Randels stated that he was quite involved with Keep Brevard Beautiful (KBB) and KBB was
involved in actively going to hotels to solicit their participation in commercial recycling
programs. He stated that the Comfort Inn had recently agreed to participate in the program.
He stated that the City currently had a grant through the SJRWMD and it did have free shower
and sink adapters that were given to citizens, hotels, etc. He stated that the City also had a
contract with the City of Cocoa which involved the City in a water conservation plan. He also
referenced the commercial cardboard recycling program currently available within the City.
Mayor Porter asked for additional literature on the mandatory commercial recycling. Mrs.
Johnson stated that the counties of Sarasota, Dade, Broward, and Volusia all had mandatory
commercial recycling programs and Mayor Porter suggested that staff obtain samples of their
ordinances.
2. Lt. Steve Salvo, Cape Canaveral Precinct, addressed several items pertaining to public
safety included in the City's Goals & Action Plan. Mr. Petsos stated that currently the phone
number listed in the phone book was for the Cape Canaveral precinct and if the number was
called after hours no one was available to answer the calls. Lt. Salvo stated that the City wanted
the citizens to have a phone number to call to leave a message or give information that may be
of a highly sensitive nature. He explained an idea for a dedicated cellular phone which the on
duty supervisor would carry to answer calls from individuals who wanted to leave tips. He
stated that the number would be publicized or the current number of 868 -1113 would be
forwarded to the cellular phone for after hours use. The cellular phone would be for one
specific purpose and it would also contain a voice activated message system.
Mayor Porter encouraged Council to authorize the City Manager to work with Lt. Salvo to move
forward on the cellular phone concept. Council concurred. Lt. Salvo stated that the Crime Tips
line coupled with the new C.O.P. program would be of great benefit to the City. Mayor Porter
further explained the Citizens On Patrol concept.
Mr. Berger questioned the burglary reports included on the monthly activity report. Lt. Salvo
stated that he had discussed the format of the monthly reports with the City Manager and he
would be providing more narrative on the reports to further explain the numbers reflected.
City of Cape Canaveral, Florida
Regular City Council Meeting
January 17, 1995
Page 6
Mr. Petsos stated that there had been some concern on Council regarding whether or not the
Sheriff's Dept. was actively involved in any areas that there appeared to be a significant amount
of crime and /or drug transactions in the City. Lt. Salvo responded that Council had received
a copy of the Drug Task Force's report. He stated that there were no less than 15 ongoing
investigations within the City at present and he referenced a specific arrest which had taken place
the previous Friday evening.
Mayor Porter also spoke regarding the importance of addressing the street level drug dealing
situations and he advocated very high visibility on behalf of the Sheriff's Dept. throughout the
affected areas. Discussion followed regarding the need for high visibility on behalf of the
Sheriff's Dept.
Lt. Salvo commented that his staff was compiling a list of all associations within the City and
requesting that the Sheriff's Dept. be allowed to come to their association meetings to present
information relative to crime watch and other types of programs. He also stated that they were
developing a plan for the bicycle patrol and three- wheeler beach patrol. Mr. Randels expressed
his concern that the Drug Task Force report had not included Cape Canaveral and Lt. Salvo
would research the matter further.
3. Mr. Randels noticed that the City had used inmate crews six (6) different times the past
month for pulling weeds and other landscaping needs throughout the City. He also stated that
the new representative who had replaced George Gilchrist at Western Waste was taking a
proactive role in all garbage, recycling matters.
4. Mr. Randels stated that he had attended a workshop relative to stormwater runoff and he
distributed reading materials to Council and the City Manager.
5. Mr. Randels stated that he had been selected for an Intergovernmental Challenges Summit
and he explained the program in detail. He stated that he would share further information with
Council as it became available.
6. City Manager's Report.
Mr. Boucher stated that Keep Brevard Beautiful's Trash Bash Day was scheduled for April 1,
1995, and he stated that the City would be soliciting volunteers to help as well. He mentioned
that Mr. Randels had helped coordinate the program in the past and he would also ask the
Beautification Board for its assistance. Mayor Porter encouraged the Beautification Board to
take up the leadership on the program.
Mr. Boucher stated that the school bond referendum issue was for an additional 2.0 mills and
the average property owner with an assessed property value of $80,000 would experience a tax
increase of $110.00 per year if the bond referendum passed. He expressed his concern
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regarding the fact that the School Board did not have impact fees in place to address new growth
needs and he asked Mr. Williams if the City could receive additional information relative to why
there had not been an implementation of impact fees,
DISCUSSION (Continued):
6. Mr. Nicholas stated that the dumpsters at Ocean Carpets on Astronaut Boulevard needed to
be screened.
7. Mr. Nicholas questioned the status of the development of the northeast corner of the City.
Mr. Randels stated the engineering firm of BRPH had approached the City in the past regarding
potential projects in the area. Mr. Boucher stated that the engineering firm had met with staff
and it had been suggested to the firm that the firm purchase the City's codes and regulations to
review what would be viable within the City's present zoning. Discussion followed regarding
the issues of commercial building along the beach, the potential for the developers asking that
the City's boundaries be changed to encompass the proposed development, and concerns
regarding what Council or Boardmembers could or could not discuss with developers in light
of the Snyder lawsuit.
Mr. Bennett stated that the City had to be careful about giving opinions ahead of time about
what may or may not be approved relative to zoning or development issues. The firm in
question had wanted to make a general presentation to Council and /or the Planning & Zoning
Board prior to actually submitting a rezoning or PUD request. Discussion continued regarding
annexation issues.
Mr. Leonard Folcarelli stated that the developer owned 85 acres and there was an additional
portion owned by the County (6 -12 acres on the ocean). He stated that the negotiations with the
Port were relative to the George King Boulevard extension and access to the subject property.
He stated that the Architectural Review Ad -Hoc Committee did address the possibility of
reviewing preliminary plans and Council may be able to review the plans through that process.
Mayor Porter commented that it was worthwhile to research all possibilities for the property in
question.
8. Mr. Petsos questioned the date for the City-wide clean -up project. Mayor Porter stated the
date was Saturday, February 25, 1995, and he stated that it wasn't whole blocks that were in
need of clean-up. Mrs. Johnson wondered if the City could get the "green building" on A1A
painted a different color.
9. Mayor Porter described the volunteer program he hoped to have initiated within the City.
He distributed sample volunteer applications from the County's B.R.A.V.E. program and he
asked Council to consider expending the funds necessary to have the application prepared and
mailed directly to all residents within Cape Canaveral. The estimated cost for printing and
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mailing the one page, double -sided application form would be less than $800. Council
concurred.
Mr. Berger suggested that Mr. Lloyd be invited back to attend this year's Volunteer Banquet and
Council concurred.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:05 P.M.
Approved the 7th day of February , 1995.
John K. Porter, Mayor