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HomeMy WebLinkAbout10-15-1996 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 15, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: MINUTES Council Members Present Burt Bruns Leo Nicholas Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Recreation Director, Nancy Hanson Fire Chief, Dave Sargeant Sheriff Major, Steve Salvo Marguerite Engel, Executive Director , Keep Brevard Beautiful, Inc. was presented a key to the City and commended by Mayor Porter and Mayor Pro Tem Randels for the generous success of the Keep Brevard Beautiful efforts. Mayor Porter commended the Navy League and a Mayor's Award will be forwarded to them. James Roberts, a charter member of the Citizens On Patrol and Code Enforcement Board member was commended by Mayor Porter and City Council for his diligent efforts on behalf of the City. Major Salvo also commended Mr. Roberts for his outstanding efforts, stating that he will be missed. Mr. Roberts has moved to the City of Cocoa. PROCLAMATIONS: Mayor Porter proclaimed National Pharmacy Week and the proclamation will be forwarded to Kathy Petsos. g.\ cityclkininutes \regular\1996\10- 15-96.doc 1 1 1 City Council Regular Meeting Minutes October 15, 1996 Page 2 Mayor Porter proclaimed City Government Week and the proclamation will be forwarded to Cape View Elementary School. MINUTES: 1. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve the Minutes of the City Council Regular Meeting of September 17, 1996 and the Budget Adoption Special Meeting of September 23, 1996. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCE - SECOND READING: 2. Mayor Porter read Ordinance No. 21 -96 by title. An Ordinance of the City of Cape Canaveral, Florida, Amending the Official Zoning Map as Described in Section 110,246, Official Zoning Map, by Changing the Classification of Certain Property from M-1 (light industrial) to C -1 (low density commercial district) as Described in Exhibit "A "; Providing for Conditions of Approval; Providing for Repeal of Prior and Inconsistent Ordinances and Resolutions; Providing for Severability; and Providing for an Effective Date. A motion was made by Mr. Nicholas and seconded by Mr. Randels to adopt Ordinance No. 21 -96. There was no Council discussion nor public comment. Ordinance No. 21 -96 was adopted 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. Mayor Porter read Ordinance No. 22 -96 by title. An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Relating to Comprehensive Planning; Setting Forth and Adopting a Small Scale Plan Amendment for 1996 as Provided in CPA -96-1, Which Shall Amend the Comprehensive Plan Future Land Use Map; Providing an Effective Date and Legal Status of the Plan Amendment; Providing for Transmittal of the Plan Amendment; Providing for Transmittal of the Plan Amendment to the Department of Community Affairs; Providing for Repeal of Prior and Inconsistent Ordinances and Resolutions; Providing for Severability; and Providing for an Effective Date. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to adopt Ordinance No. 22- 96. There was no Council discussion nor public comment. 1 1 1 City Council Regular Meeting Minutes October 15, 1996 Page 3 Ordinance No. 22 -96 was adopted 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Bill Mays, of Call One, reported that the Brevard County Tourist Development Center will be locating to Cape Canaveral which is a tremendous positive statement for the City. CONSIDERATIONS: 4. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Cooperative Purchase of Ballfield Lighting Fixtures from Western Florida Lighting in the Amount of $19,065.06. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. A motion was made by Mr. Randels and seconded by Mr. Nicholas to approve the Interlocal Agreement with Brevard County re: Infrastructure Sales Surtax for Jail Facilities contingent upon the November 5, 1996 referendum passing. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve the Cooperative Purchase of a staff vehicle (1996 Oldsmobile Ciera Sedan) for the CCVFD from Maroone Auto Plaza, in the Amount of $6,907.50 (one -half the cost, which is shared by the port authority). The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. A motion was made by Mr. Randels to approve the Change Order to Wharton-Smith, Inc. to pave the North -South portion of Tower Blvd. to the Wastewater Treatment Plant for a total cost of $50,700.00. An amending motion was made by Mr. Randels and seconded by Mayor Porter to fund the purchase from Sewer Operating Funds. The amending motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 1 1 City Council Regular Meeting Minutes October 15, 1996 Page 4 DISCUSSION: 8. City Manager, Bennett Boucher, reported that Captain Muldoon is working on an agreement between the City of Cocoa Beach and the City of Cape Canaveral on the cost sharing of the Resource Officer, rather than a three -way agreement with the School Board for a Cocoa Beach High School Resource Officer. Council consensus was in favor of continuing to pursue the possibility of contracting services from the Sheriff's Department and further consider on the next meeting agenda. 9. Mr. Nicholas queried if the City should consider pro - rating future Port Business Impact Fees or refunds due to the agreement terminating in the year 2000. Council consensus was for the City Manager and City Attorney to research appropriate action to refund fees collected which are allocated for sewer impact, while assessing the effect of lost revenue due to the port not notifying the City of new connections in the past. REPORTS: CITY MANAGER- Bennett Boucher • Mr. Boucher reported that Cocoa Beach has related that November 20 is not a possible date for holding the Cape Canaveral/Cocoa Beach Joint Meeting. Council consensus was to suggest alternative dates of December 11, from 7 p.m. to 9 p.m. or December 4, from 7 p.m. to 9 p.m. • Mr. Boucher reported that negotiations for the City Gas Franchise are narrowing. There are only two items of contention remaining, which are: 1) The term of the agreement. City Gas wants a 30 -year agreement rather 10 -year. Consensus was to propose 15 years. 2) City Gas does not agree to install lines to anyone requesting because it would not be cost feasible. Council requested that the issue be placed on the next agenda with maps provided depicting currently installed gas lines to determine a reasonable counter offer. • Mr. Boucher reported that the Library Board has suggested taking out the rocket and VAB building from the stained glass depiction of the City Seal. Council consensus was in agreement. • Mr. Boucher reported that he attended a meeting with the Port Authority Thursday, October 10th regarding ground water contamination off of George King Boulevard which is leeching northward toward Mid- Florida Freezer and some southward toward the City. He stated that the Port has not performed testing within the city limits yet, however, there is an agenda item on the October 16 meeting agenda for $120,000 for more testing work. He stated that the port is drilling four temporary wells and two permanent wells within the city to determine levels if any are within the city. Mr. Boucher reported that he has the Building Department checking for well permits issued in the past to determine where wells are located. Mayor Porter stated that he feels very strongly about this issue, looking at the map Mr. Boucher received from the Port. Mayor Porter stated that, "I have not been contacted directly as Mayor of the Town and I wonder of any of you have been contacted directly by the Port regarding this?' 1 1 1 City Council Regular Meeting Minutes October 15, 1996 Page 5 "That in itself is a little upsetting, but on this groundwater impact map, you notice how, where the city boundary is, how it stops - as though seepage doesn't go across." Mr. Boucher interjected, "well, the map I saw at the meeting, it doesn't stop. It's into the city limits. That's what they have projected; they haven't sampled, but that's what they projected." Mayor Porter: "I think this is a classic example of a public safety issue and we need to be extremely aggressive now over the next few days. Now we know, in general, what's going on down there. I say, we need to send letters to everybody in that part of the city and say, `Please do not drink water - do not use the water for anything." Mr. Petsos interjected, "well water." Mayor Porter: "well water, right." "Some of those people that are on it may not even know it. Mr. Nicholas: "You've got the Port Canaveral Trailer Park there and Delinney's who are in back of the area." I know they've got well in there; they may not be drinking from them, but I don't think you want to be spraying or doing anything with that water.: Mayor: "You don't want to be doing anything with that water." Mr. Randels: "I share your concern, Mayor. I guess the frustration that I have in reading this is that it happened almost a year ago, November of `95 was when they discovered it - when the truck fell in the thing. It's almost a year later and we're just now saying, "hey fellows, we've got a problem." Mayor Porter with Council consensus directed staff to immediately send letters to City residents in the area not to drink well water until the matter is resolved and requested Fire Chief, Dave Sargeant's involvement. Mr. Randels stated that it is disconcerting that the port has known this since November of 1995 and is just now talking about the issue. AUDIENCE Marilyn Rigerman, resident Ms. Rigerman requested that zoning amendments passed be forwarded to Board of Adjustment members. Ms. Rigerman also queried if the city has further information on the county's fund status for the library expansion project. Mr. Boucher replied that no other information has been received. Ruby Daniel, resident Ms. Daniel queried about the status of unpaid financed sewer impact fees. City Attorney, Kohn Bennett, stated that he will obtain the list from the City Treasurer and assess the status. Council concurred. CITY CLERK - Sandra Sims Ms. Sims queried Council about deferring the November 5 Regular Meeting, which is election day to November 7 which would have to be scheduled regardless to Certify the Election Results. Council consensus was in favor of deferring the meeting to November 7. City Council Regular Meeting Minutes October 15, 1996 Page 6 CITY ATTORNEY - Kohn Bennett • Mr. Bennett reported that he received a counter offer from Ms. Mosier for the Longpoint Road property lease option as follows: - 5 -year lease vs. 10 -year lease - $1,500 rent vs. $1,000 - If the property is not ultimately purchased by the City, it must be returned by county appraisal definition to vacant land - If property taxes, the rent will increase in that proportionate amount Council consensus was to accept the counter offer. Mayor Porter clarified for the audience that the City's strategy is to lease the land while pursuing grant funding for its purchase. • Mr. Bennett reported that a company has written the city requesting to install a 150ft. high telecommunications tower within the city. He related that according the Telecommunications Act, the city may not prohibit tower construction. However, it may be regulated with similar concepts as the adult entertainment ordinances. Mr. Bennett stated that an emergency ordinance may not be adopted. However, it is recommended that consideration for developing a regulating ordinance should be forwarded to Planning and Zoning for recommendation. Council concurred to pursue a telecommunications tower regulating ordinance by placing the issue on the next Planning and Zoning agenda. MAYOR PRO TEM - Rocky Randels • Mr. Randels reported that he represented the city aboard the HMS Trafalgar. He presented them a key to the city and in return received an HMS Trafalgar plaque which he presented to Mayor Porter. • Mr. Randels suggested that the city purchase Florida Statutes on cd now that the city has cd rom capability. • Mr. Randels queried who plants the initial sod on city medians when the median has been adopted by a donor. Council consensus was to have Beautification Board input on the Tower Boulevard median landscaping. • Mr. Randels commended Council Member, Buzz Petsos for initiating the Youth Awareness Committee. He reported that all 15 cities in the county are supporting it and it is apparent that the League of Cities will become involved statewide. COUNCIL MEMBER - Buzz Petsos • Mr. Petsos queried if other Council Members have completed the City Manager's evaluation forms. He suggested and Council concurred to place consideration of the City Manager's annual evaluation on the next agenda. 1 1 1 City Council Regular Meeting Minutes October 15, 1996 Page 7 • Mr. Petsos queried if further consideration has been given to installing outside accessible mailboxes for Council Members. Mr. Boucher reported that a 16 -slot mail box has been ordered. Mayor Porter suggested that the box should be installed in a wall to be accessible from inside the building as well as outside. Council concurred. • Mr. Petsos queried if it would be possible to construct a few rolls of sand fencing on the dunes as a demonstration project, and if it appears successful then, pursue grant funding. He suggested that it would be a good volunteer project. Council concurred. • Mr. Petsos reported that the Enterprise Florida Conference (Department of Commerce) will be held in Cape Canaveral, which is reflective of the positive image the city is developing. • Mr. Petsos queried if the 911 addresses on Adams have been resolved. Mr. Boucher reported that feedback has been poor from the property owners. Mr. Petsos stated that the address change must be pursued aggressively because it diminishes the safety of those residents should they have a need for a 911 response. • Mr. Petsos suggested and Council concurred to include capital item sharing should be placed on the Joint Meeting Agenda of the City of Cape Canaveral and the City of Cocoa Beach. COUNCIL MEMBER - Leo Nicholas • Mr. Nicholas queried if there is a policy for having gates on dumpster enclosures. Mr. Boucher replied that there is an ordinance allowing for three -sided enclosure, but not mandating that a gate is required. Mr. Nicholas suggested that the city query Western Waste about the possibility of the garbage collectors opening the gates for an additional fee. Ms. Marilyn Rigerman stated that Harris does provide that service for the City of Cocoa Beach. • Mr. Nicholas queried if the city incurs liability in association with the easement obtained from the Tap House for the A1A beautification demonstration project. City Attorney, Kohn Bennett, replied that he has already prepared a written opinion which the City Manager can provide to Council. He added that, the City's liability insurance would cover the property in the event of any liability. • Mr. Nicholas stated that sewer impact fee financing was intended to accommodate condominiums and large scale developments and has never been used by any of them. He related that only restaurants have financed the impact fees and it has proven to be unsuccessful. Mr. Nicholas proposed to eliminate the impact fee financing altogether to save confusion, time and expense. Ms. Ruby Daniel, resident, spoke in agreement with Mr. Nicholas that all businesses realize the expenses incurred in starting and should plan them. Council concurred to consider eliminating the financing policy, to be placed on the next agenda. 1 1 1 City Council Regular Meeting Minutes October 15, 1996 Page 8 COUNCIL MEMBER - Burt Bruns • Mr. Bruns queried of the status of the Applegate house on Washington Avenue. Mr. Bennett reported that there has been no response, however, the time frame is until October 18, 1996. • Mr. Bruns queried of the status of the Police Station Annex renovation project. Mr. Boucher reported that the bid has been let and will be opened on Monday, October 28, 1996. • Mr. Bruns commended City Attorney, Kohn Bennett for his representation of the city, especially at the October 15 , 1996 Board of Adjustment meeting. • Mr. Bruns queried if the library expansion project is on schedule. Mr. Boucher replied that it is on schedule, barring unforeseen weather interference. MAYOR - John Porter • Mayor Porter queried if Council concurred with the volunteer corps doing another A1A curb cut elimination/landscaping project at the southern entrance to the city on Mr. Melvin's property if he agrees to allow the project. Mr. Boucher stated that he will ascertain if Mr. Melvin is in agreement by Thursday, October 17. Council concurred that if the agreement is not made, another project will be done, such as the dune fencing. Sandra O. Sims, CITY CLERK