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HomeMy WebLinkAbout03-07-1995 Regular Meetingr CITY COUNCIL REGULAR MEETING March 7, 1995 A Regular Meeting of the Cape Canaveral City Council was held on March 7, 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 John Porter Present Mayor Pro Tem Rocky Randels Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Buzz Petsos Present City Manager Bennett Boucher Present City Attorney Kohn Bennett Present City Clerk Faith Miller Present PROCLAMATIONS: 1. Irish- American Heritage Month. Mr. Levitt who had been scheduled to receive the Irish - American Heritage proclamation was not present at the meeting. The proclamation would be forwarded to his organization. ADOPTION OF MINUTES: 1. Regular City Council Meeting of February 21. 1995. Motion by Mr. Petsos, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of February 21, 1995, 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. PUBLIC HEARINGS: 1. Ordinance No. 02 -95, Vacating a certain alleyway located within the City, Petitioners - Jim Peeples, Paul & Marcia Freeman, for second and final reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING A CERTAIN ALLEYWAY LOCATED WITHIN THE CITY; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR AUTHORITY OF THE CITY TO EXECUTE A DEED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. r City of Cape Canaveral, Florida Regular City Council Meeting March 7, 1995 Page 2 Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 02 -95 at second and final reading. 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. Ordinance No. 06 -95, Amending City's Code of Ordinances. establishing Section 74 -63, Brevard County's Civil Traffic Infraction Hearing Officer Program Adopted, for second and final reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 74, TRAFFIC AND VEHICLES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES BY ESTABLISHING SECTION 74 -63, BREVARD COUNTY'S CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM ADOPTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 06 -95 at second and final reading. Mr. Randels questioned the provision in the Ordinance which adopted Section 106 -49 of the Ordinances of Brevard County which subsequently referred back to Sections within the Brevard County Ordinances that included a "double fine penalty" clause. He recalled that Council had indicated previously that it did not want to include a double penalty for non - payment of parking violations. Motion by Mr. Nicholas, seconded by Mayor Porter to table Ordinance No. 06 -95 until the language relative to the "double fine penalty" was clarified. 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: The agenda items were rearranged as follows. 4. Discussion & Motion Re: Contract with Brevard County for lifeguard services. Mr. Alan Campian, Brevard County Public Safety Department, distributed a listing of the Lifeguard Station, Tower and Patrol Locations for the Central and South Sectors of Brevard County, to Council and staff. He proceeded to explain the reorganization and expansion of lifeguard services to be provided by the County. Mr. Randy Jackson, Special Projects Coordinator for the Public Safety Department, explained that previously the City had paid 30% of the cost of the lifeguard services and the County had paid 70 %. In the future, the costs would be split 50/50 between the City and the County. He stated that the County would be "standardizing" all of its lifeguard contracts with the cities and r City of Cape Canaveral, Florida Regular City Council Meeting March 7, 1995 Page 3 that the costs were broken down according to the number of lifeguard towers assigned to each City. Mr. Berger questioned why there were no lifeguard towers in the County area known as "No Man's Land" in the area between Cocoa Beach and Cape Canaveral. Mr. Jackson answered that the subject beach was not used as extensively as the other areas where the lifeguards were to be located. He also commented that the County would be assuming any liability for incidents that occurred within its service areas. Mr. Bennett, City Attorney, stated that once the City made the decision to provide certain services it was assuming that the services would be provided reasonably and that it also assumed the risk or obligation to continue to provide good services. Discussion followed regarding: whether or not the City could discontinue the provision of lifeguard services and the consequences of same, whether the City was paying for services for its residents or tourists, the question of which entity was actually liable for the beach, the level of service expected by citizens, and the number of rescues or safety contacts made during each season. Mr. Campian stated that the number of individuals using area beaches was increasing each year and he commented on the increased level of training provided to the lifeguards through the County's Public Safety Department and the upgrades that had been made to the towers and equipment used by the lifeguards. Mr. Nicholas questioned the cost per tower and Mr. Jackson responded that it was approximately $16,000 for each tower plus the land rover. Mr. Berger asked for additional information regarding the number of towers the other cities were paying for and whether or not a tower was actually needed between Jetty Park and Harbor Heights. Council concurred to postpone a decision on the lifeguard contract until additional information was obtained. Council also concurred to schedule a special meeting prior to the workshop meeting scheduled for Thursday, March 16, 1995, to consider necessary action on the lifeguard contract. 1. Ordinance No. 07 -95, Amending City's Code of Ordinances, Chapter 78, Utilities, by adopting Article IV, Reclaimed Water, providing policies and regulations for installation and use of the reclaimed water system, for first reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 78, UTILITIES, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE "IV ", RECLAIMED WATER; PROVIDING POLICIES AND REGULATIONS FOR INSTALLATION AND USE OF THE RECLAIMED WATER SYSTEM; ESTABLISHING RATES AND CHARGES; PROVIDING FOR INSPECTIONS; PROHIBITING TAMPERING OR UNAUTHORIZED WORK ON THE SYSTEM; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. r City of Cape Canaveral, Florida Regular City Council Meeting March 7, 1995 Page 4 Motion by Mr. Randels, seconded by Mr. Petsos to adopt Ordinance No. 07 -95 at first reading. 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. Motion Re: Request from Fire Chief to purchase two (2) ventilation chain saws. Motion by Mr. Randels, seconded by Mayor Porter to authorize the Fire Chief's request to purchase two (2) ventilation chain saws at a cost of $1,700 with the funds to come from the savings on the fire department's insurance. 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. Motion Re: Request from Fire Chief to secure bids on surplus fire truck. Motion by Mr. Randels, seconded by Mr. Berger to accept the Fire Chiefs request to secure bids for the sale /disposal of Engine 360 (1982 Emergency One) surplus fire vehicle. Chief Sargeant confirmed that the truck did belong entirely to the City and was not shared with the Canaveral Port Authority. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Appeal by Dr. Charles Pindziak. Mayor Porter explained that the City Council would be acting as the Code Enforcement authority during the appeal process. Mr. Bennett explained the process and read portions of the City's Code, Section 34 -125, which stated that an appeal of the City Manager's decision in a nuisance case would be brought before the City Council who would either affirm or reverse the City Manager's decision. Dr. Charles Pindziak began his testimony by explaining his request to tape record his meeting with the City Manager. Mr. Nicholas questioned the present appeal issue and Mr. Bennett responded that the request was an appeal of the City Manager's decision that a public nuisance did exist on some of Dr. Pindziak's properties. Mr. Bennett further explained the portion of the appeal process that went before the City Manager and that the appeal before the City Council was limited to a review of the City Manager's decision. Dr. Pindziak briefly explained a history of the subject nuisances. He stated that originally Lots 7 & 8, Block 8 and Lots 10 & 11, Block 7 were cited for weeds and vegetation over 12 inches in height. The lots were not cut and two (2) months later only Lots 7 & 8, Block 8 were found in violation of the City's public nuisance provisions. Dr. Pindziak expressed that he did not feel that his lots were in violation. He stated that he mowed his lots 2 -7 times per year. He also commented that the City in the past had routinely cut the lots for use during its annual Patriot's Day Parade. Mr. Boucher presented his version of the case and reasoning behind his decision to support the City of Cape Canaveral, Florida Regular City Council Meeting March 7, 1995 Page 5 Building Department's determination that violations did exist on the subject lots. Discussion followed regarding the complaint process and available remedies that were applicable to the subject violations. Mr. Nicholas stated that assuming that Council agreed with the City Manager's decision, then it would affirm the decision and the enforcement would be that the City would have the lots mowed if the property owner did not mow the lots and the costs would be billed to the property owner and a lien placed on the property if the bill was not paid. Dr. Pindziak reiterated that two (2) of his lots were cited for non - compliance and now the lots were in compliance without ever having been cut. Mr. Petsos stated that Section 34 -122 of the City's Code stated that grass and weeds in excess of 12" were in violation, but in his opinion the subject lots would be hard to claim as nuisances. Mr. Randels expressed that he did not intend to vote on the matter as he was the individual who had brought forth the citizen's complaint to the Building Department. Mr. Berger commented that he had toured the City and looked at various lots and properties that were certainly in violation and in his opinion were more in violation than unmowed lots. Mr. Bennett stated that Council in this instance did not have the latitude to determine whether or not the unmowed lots were a nuisance, under the present City Code the lots were in violation. He further explained portions of the City Code applicable to public nuisances. Mayor Porter questioned if Dr. Pindziak agreed that in general he kept his lots mowed and Dr. Pindziak responded affirmatively. Mayor Porter questioned why the lots were not mowed and Dr. Pindziak responded that when the grass was high enough he would mow the lots. Dr. Pindziak restated that he did not believe that a violation existed and that if the Council told him he had to cut the lots, he would cut them, but he wanted the same law to apply to all properties within the City. Motion by Mayor Porter, seconded by Mr. Nicholas to affirm the decision of the City Manager. Motion failed with members voting as follows: Mayor Porter For Mayor Pro Tem Randels Abstained Councilmember Berger Against Councilmember Nicholas For Councilmember Petsos Against Mayor Porter stated that he hoped that the City and its citizens could work together to solve recurring problems. He expressed his opinion regarding the amount of time spent on problems such as Dr. Pindziak's case. Dr. Pindziak declared that laws needed to be applied equally to all involved. 6. City Manager's Report. Mr. Boucher stated that Council had received that evening a proposed Resolution relative to the JTPA Summer Youth Employment Program. He commented that the Space Coast Private r City of Cape Canaveral, Florida Regular City Council Meeting March 7, 1995 Page 6 Industry Council had requested Council consideration of the Resolution. Motion by Mayor Porter, seconded by Mr. Randels for an add -on item. 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 read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; EXPRESSING SUPPORT FOR THE CONTINUANCE OF SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM IN BREVARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DA'Z'E. Motion by Mayor Porter, seconded by Mr. Petsos to adopt Resolution No. 95 -10. Mr. Randels stated that the City had benefited from the program in past years, but on the other hand the federal government was attempting to reduce and limit potentially unnecessary expenditures. Mr. Petsos stated that the program had proved successful in the past. Mr. Nicholas stated that the City had sent a letter in support of the program and he felt that a resolution should be processed through the regular channels. Mr. Berger questioned if the program had been advantageous to the City and Mrs. Hanson, Recreation Director, responded that the program had worked out quite well and that last year she had budgeted for two (2) teachers and an aide for the Summer Recreation Program and due to the availability of two (2) young people through the JTPA program she did not have to hire the aide. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mr. Boucher related that Council had received copies of Brevard County's proposed Reorganization Plan. Mr. Boucher stated that Council had also been given staff's response to the City's Goals and Action Plan and he asked Council to review same. Council concurred to schedule discussion regarding the response at the next regularly scheduled Council workshop meeting. DISCUSSION: 1. Ms. Belle Royal read a statement to Council in support of a Youth Center. She introduced Ms. Nancy Farrell, who also expressed her support of locating a Youth Center in Cape Canaveral to address the needs of area children. Discussion followed regarding various programs /services that could be provided through a Youth Center. Mayor Porter asked both individuals if they would be interested in serving as alternates on the City's Recreation Board and encouraged them to submit Board applications for the alternate positions that were presently available. 2. Mr. Randels reported on the status of the Sand Transfer project and the associated r City of Cape Canaveral, Florida Regular City Council Meeting March 7, 1995 Page 7 problems with the quality of sand and solutions being proposed by the Port which were awaiting Department of Environmental Protection approval. 3. Mr. Randels stated that he had spoken to Commissioner Randy O'Brien regarding the Cape Canaveral library expansion project and Commissioner O'Brien advised that he would not oppose the Cape Canaveral project. 4. Mr. Randels reported on the discussion that had taken place during a recent Local Government Cooperative Committee meeting. 5. Mr. Randels stated that an Economic Development seminar was scheduled for Thursday, March 9, 1995, at the Radisson Resort at the Port and he encouraged members of Council or City staff to attend. 6. Mr. Randels distributed to Council copies of lists prepared by the Space Coast League of Cities which listed the elected officials for each municipality in Brevard County and the delegates each City had appointed to the League. 7. Mr. Randels displayed a new map of the area being printed and distributed by the Cocoa Beach Area Chamber of Commerce. 8. Mr. Randels reported that the Tourist Development Council was entering a new grant cycle with available funds in the amount of $80,000. 9. Mrs. Hanson presented a brief overview of the activities scheduled for the upcoming Patriot's Day Parade and celebration scheduled for Saturday, March 11, 1994. 10. Mr. Boucher expressed his appreciation to City staff for their input to the staff s response to the City's Goals and Action Plan. ADJOURNMENT: There being no further business, the meeting adjourned at 9:35 P.M. Approved this 21st day of March , 1994. Susan Stills, ACTING DEPUTY CITY CLERK hn K. Po -r, MAYOR .�usf ne.ss AID. Q City of Cape Canaveral MEMORANDUM DATE: FEBRUARY 28, 1995 TO: FROM: BENNETT C. BOUCHER . CITY MANAGER HONORABLE MAYOR AND COUNCILMEMBERS SUBJECT: DR. PINDZIAK'S APPEAL OF CITY MANAGER'S DECISION TO REMEDY CODE VIOLATION OF SECTION 34 -122 Per Section 34 -125, Dr. Pindziak has made an appeal to the City Council of the city manager's decision to remedy this code violation. Therefore, I have submitted copies of the correspondence on this matter for your review. Section 34 -125 states, The appeal shall be heard by the City Council and shall be limited to reviewing the city manager's decision." It further states, "The City Council shall issue its decision by either affirming or reversing by a majority vote." As of this date, the lots indicated in my 2/13/95 letter are still in violation of Section 34 -122 per Thomas Kleving, Code Enforcement Officer. BCB:kmm Attachments 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL. FL 32920.0326 TELEPHONE (407) 868.1200 • FAX (407) 799.3170 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA E— FIRST NA(1QE —MI DIE NAME ile NG\ e �` NAME OF BOARD, COUNCIL, COMMISSION. AU11IORITY, OR COMMITTEE Gvr' t Cam^►V WGtit.. THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF CITY 0 COUNTY 0 OTHER LOCAL AGENCY MAILING ADDRESS 3 OS 4 COX•44■■\4ZiAk- tl vk CITY Oc O V COUNTY FL 3.2.ctlz N A_ ME O,F POLITICAL SUBDIVISION: n h DATE ON WHICH VOTE OCCURRED . a D7 a s i , MY POSITION IS: LECrIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attcntion to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including thc parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis arc not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother -in- law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with thc officer as a partner, joint venturer, coowncr of property, or corporate shareholder (where the shares of thc corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: • In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the naturc of your interest in thc measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording thc minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in 'the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence thc decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TVOTE WLL BE TAKEN: • Wu must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form,in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 80 - 10-9I PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE T E DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict i the 'measure before participating.' • You must complete the form and file it within 15 da s after the vote occurs with the person responsible for recording the mintf the meeting, who must incorporate the form in th minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read p blicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , here • y disclose that on (a) A measure came or will come before my agency wh ch (check one) 44° inured to my special private gain; - inured to the special gain of my business associate - inured to the special gain of my relative, - inured to the special gain of , by whom 1 am retained; or - inured to the special gain of , which is the parent organisation or subsidiary of a princi.al which has retained me. (b) The measure before my agency and the nature of m conflicting interest in the measure is as follows: flouc.1/4/. , 19 CM t .•16)c1.c.#: 1'i-. (t +.) rN,PrN 44401rokS co) S.GaZk •;,r 3 & 6,ALTZ 4 kso...r S E `t-c) ers ca_ cot-L /`-+t 0A- cx J1/4rniZtA— 42— 04* eXe@a- oRkle_ tall a A -14SW,- + F t,'t•-/ CADQ■ e_ ..rmLoverilo 4144-S. Date Filed ® M __ _ cits. s 9.9..14,1■ZGAtAit 6:4k4Q.:c44 ..ve*Frarctokr CP*042- 0444 44442aPVL) tte.044a-Q. , n a \`13'"Q-(-1 t i*vo4 U 4c 't & c. ` 0%C. '� x A.1".j 64t;04:644k 6QQ,CiZ. • VV■;Qa. ‘4.4.a.,‘Q CirC) k e%■.= 4#(r)4A•1°?"14cD46a.,12:07 NOTICE: UNDER PROVISIONS OF FLORIDA S ATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUTD DISCLOSURE CONSTITUTES GROUNDS FOR A D MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE. OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY OT TO EXCEED $5,000. CE FORM SB - 10-91 PAGE 2 • ‘Nd1/4.ati %,1/45XQ0.44Je, '%q ,rvit`• g/V6-€R.., rY"t 4Le AifCZ‘21242- ftNCICI ‘ARACL ■42. 44% Nee'%e • "4-12 - , , ts(32. ,yam wca 24k Yom. � �'�l�L Q sQ.cCZ 491/41 a 4 . o41A. ohJa‘silL_ (5..Q '�-►�- \ --ems d-- �.�-r��— kA-4::s■Z2jfZ_ ci,J?