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HomeMy WebLinkAbout08-10-1995 Regular Meetingr CITY COUNCIL REGULAR MEETING CITY HALL ANNEX THURSDAY August 10, 1995 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Art Berger Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: City Manager, Bennett Boucher City Attorney, Mitch Goldman City Clerk, Sandra Sims Acting Building Official, Tom Kleving Public Works Director, Michael Gluskin CONSIDERATIONS: 1. Upon motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, the Regular City Council Meeting Minutes of July 18, 1995 were approved with voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels. 2. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve the contract for full time construction management (inspection) service (WWTP) with Hartman & Associates, Inc., in the amount of $72,000 for discussion. Following are concerns and questions expressed by the City Council: • Is it necessary to have a full time engineer /inspector? • What are the normal engineering rates for this type project? • Would a full time inspector be an overlap of engineering inspection? • Why would our city engineers not be better in this capacity? • Why were our city engineers not consulted or queried about this job? • We have only two alternatives; 1) hiring the Hartman & Associates engineer or 2) using our Building Official (who is qualified) and our city engineers, Stott ler, Stagg & Associates on a threshold basis. • It is seems logical that an inspector not working for the construction company would have a more objective interest on behalf of the city. • It should be made clear to our Building Official and Stott ler, Stagg if that is the final decision, not to discuss design or create conflict with Hartman in regard to design. r • City Council Minutes August 10, 1995 Page 2 Public Works Director, Michael Gluskin, opined that trends have been to hire construction management inspecting engineers from within the engineering firm that developed the plans and doing the actual construction to ensure that the project is constructed in accordance with the plan criteria. Bringing people from other firms causes conflict. City Manager Boucher distributed a letter from the Building Official demonstrating his opinion that it would be in the City's best interest to hire a threshold inspector. The threshold inspector would have vested interest on the City's behalf and would be a substantial fiscal savings. Upon a motion by Mr. Nicholas and seconded by Mr. Berger, the issue was tabled until Tuesday, August 15, 1995. 3. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the cooperative purchase of sewer sliplining services (WWTP), for 3,791 1.f. in the amount of $142,849.41 to Madsen /Barr Corporation. A motion was made by Mayor Porter and seconded by Mr. Berger to amend the main motion to allow the purchase cost not to exceed $150,000. The motion passed 5 -0, with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels. Voting on the main motion was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels. • Mr. Petsos suggested that the City look into co -oping with Cocoa Beach for telescoping and perhaps for items such as a back hoe. Mayor Porter advised that this topic should be discussed in a joint meeting of the two City Councils. 4. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, the City Council authorized the Mayor to execute the Evaluation and Appraisal Report Assistance Program Contract which will provide $14,069. The motion passed 5 -0, with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels. RESOLUTIONS: 5. Mayor Porter read Resolution No. 95 -26 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF STATE REVOLVING LOAN FUND NO. CS120825020, AMENDMENT NO. 1; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Resolution No. 95 -26, was approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. r • City Council Minutes August 10, 1995 Page 3 6. Mayor. Porter read Resolution No. 95 -27 in full. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO PUBLIC TELEPHONE SERVICE; EXTENDING THE EXPIRATION DATE OF THE AGREEMENT GRANTED PURSUANT TO THE ORDINANCE ADOPTED ON AUGUST 3,1965, MAKING FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Resolution No. 95 -27, extending the date of public telephone service agreement granted pursuant to the ordinance adopted on August 3, 1965, was adopted with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCES - First Reading 7. Mayor Porter read Ordinance No. 17 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE V, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY DELETING SECTION 82 -119, 82 -120, 82 -121, 82 -122, 82 -123, 82 -124 AND 82 -125; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Berger, Ordinance No. 17 -95, Amending the Electrical Code, Adopting the National Electrical Code, was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 8. Mayor Porter read Ordinance No. 18 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN Er FECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, to approve Ordinance No. 18 -95 for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, Against; Mr. Petsos, Against; Mayor Porter, For; and Mayor Pro Tem Randels, For. r City Council Minutes August 10, 1995 Page 4 Upon a motion by Mayor Porter and seconded by Mr. Berger, the ordinance, Section 1509.1.4.1 was amended by striking out "or familiar fastening devices" and adding to the following sentence, "Staple fasteners shall not be permitted." 9. Mayor Porter read Ordinance No. 19 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VI, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD PLUMBING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Ordinance No. 19 -95, Amending the Plumbing Code was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 10. Mayor Porter read Ordinance No. 20 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VII, GAS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Petsos and seconded by Mayor Pro Tem Randels, Ordinance No. 20 -95, Amending the Gas Code was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 11. Mayor Porter read Ordinance No. 21 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VIII, MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD MECHANICAL CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. r 1 iro City Council Minutes August 10, 1995 Page 5 Upon a motion by Mr. Petsos and seconded by Mayor Pro Tem Randels, Ordinance No. 21 -95, Amending the Mechanical Code was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 12. Mayor Porter read Ordinance No. 22 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE X, SWIMMING POOL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD SWIMMING POOL CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, Ordinance NO. 22-95 Amending the Swimming Pool Code was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 13. Mayor Porter read Ordinance No. 23 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XI, HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD HOUSING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Nicholas and seconded by Mr. Berger, Ordinance No. 23 -95 Amending the Housing Code was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 14. Brevard County Impact Fees Discussion: Mr. Randels explained that the impact fees were intended to be used in anticipation of future growth, not for repairs in the County's transportation system. He further pointed out that the County adopted its recent ordinance as an incentive, encouraging and promoting the expansion of the economic base of Brevard County to offset the decline in aerospace and defense and to facilitate employment opportunities. Council consensus was to make no changes in the City's philosophy and research what will be required to maintain current impact fee revenues to accommodate the growth we continue to envision. City Council Minutes August 10, 1995 Page 6 13. City Manager's Report. • Presidential Declaration - Assistance for Hurricane Damage Mr. Boucher reported that the required Presidential Declaration was received providing sources for grants and loans for disaster assistance. • P2000 Grant Mr. Boucher reported that he and CRA Consultants have fmished the grant package which will be submitted next week. The project will called the "Cape Canaveral Manatee Sanctuary Park." • Zoning Map Mr. Boucher reported that the zoning map will be finished soon. • Annexation: Avon -by- the -Sea Mr. Boucher reported that Council will review the possibilities for annexing Avon- by -the- Sea at the next meeting. He related that the Cape Canaveral millage rate is lower than the County and Cocoa Beach. • Rockwell International Banner Mr. Boucher reported that the Planning and Zoning Board recommends waiving the fee for Rockwell International. Discussion ensued regarding the possibility of Rockwell installing a permanent sign which can be altered to reflect advertising launches. • Re-Use Interlocal Agreement with Cocoa Beach Mr. Boucher stated that a letter must be sent to Cocoa Beach informing them that the reuse water is anticipated to be available in September, 1996 and requesting utility easements to install the lines. Discussion ensued regarding Cocoa Beach Operating and Maintaining the lines versus owning them. City Manager Boucher is to research the matter further. Mayor Pro Tem Randels Report • Port Mr. Randels distributed photographs and a map depicting the new pier. • Private Property Seminar Mr. Randels reported on a seminar he attended which revealed that individuals must pay for property which has been taken from another. • Stormwater Seminar Mr. Randels reported that the EPA has not developed guidelines for Stormwater Management. However, we should proceed without haste being cognizant of our tributaries and planning for stormwater controls. Mr. Petsos • Absence from August 15 meeting Mr. Petsos reported that he will be out of town during the August 15 meeting. r City Council Minutes August 10, 1995 Page 7 • Mr. Petsos queried about the status of the North Atlantic bikeway and requested that the City Manager send a letter to the County requesting information. • Mr. Petsos queried if we are closer on dispatching negotiations with Mr. Duffey from the Sheriff's Department. • Mr. Petsos referenced the curb cut issue addressed in the Stott ler, Stagg report. Council consensus was to refer the matter to the Planning and Zoning Board. • Mr. Petsos reminded Council that we need to recoup sand on the beaches through TDC and County funds. • Mr. Petsos stated that the Council needs to monitor the watercraft ordinance and support Lt. Salvo in enforcement. Mayor Porter • Mayor Porter reported that he met with Nancy Houston, of the Department of Transportation and learned that there will be a Highway Beautification Grant available in January which will be reviewed in the Spring and awarded by Summer. He stressed that the City be developing approaches to obtaining this grant and that we should get on the MPO waiting list. Leo Nicholas • Mr. Nicholas queried about the status of the trees and replacements which were recently planted. He further suggested that City workers maintaining the trees be fully uniformed including shoes. • Mr. Nicholas suggested that as dune crossovers are in need of repair or new ones built that ramps be installed to accommodate the handicapped. • Mr. Nicholas reported that two residents on Adams Avenue have mentioned seeing rats. • Mr. Nicholas suggested that staff speak to Western Waste about developing a recycling program for fluorescent lamps which are a source of mercury. • Mr. Nicholas queried about the status of Cape Sierra. Mr. Boucher reported that Scott Pendley, the City's attorney, has filed a temporary injunction to preclude them from opening as an adult entertainment facility. Tom Kleving stated that the owners are cleaning and repairing the area. He reported further that he suggested they survey the sign area to be certain it complies with the latest sign requirements before they invest in repairs or a new sign. • Mr. Nicholas commended staff for rejuvenating the signs at the Veterans' Memorial. r City Council Minutes August 10, 1995 Page 8 • Mr. Nicholas reported that developers at Shorewood Drive are taking out a lot of trees and queried if they are paying or otherwise mitigating this. Mr. Boucher responded that the Building Department is watching them closely. Mayor Porter stated that perhaps Disney could transplant some of the larger trees and that staff should follow up. Tom Kleving, Building Department • Mr. Kleving reported that Jim Morgan, Building Official, recommends the City to prepare ordinances adopting the Florida Accessibility Code and the Department of Community Affairs Energy Code. AUDIENCE TO BE HEARD: There was no comment from the audience. ADJOURNMENT: 9:50 p.m. Attest: Sandra ©. Sims, CMC CITY CLERK ohn K. Porter, MAYOR