HomeMy WebLinkAbout02-03-1998 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
INTERVIEW:
February 3,1998
7:00 P.M.
MINUTES
Council Members Present
Burt Bruns
Tony Hernandez
Joy Salamone
Mayor Pro Tem Burr. Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
City Attorney, Kohn Bennett, interviewed Ms. Cynthia (Cindi) Griffin, Commercial Development
Board Applicant. She related that she has been a resident for more than three years and is not a
member of any other board. Mayor Randels queried Ms. Griffin why she was interested in the
Commercial Development Board. She responded that she has a keen interest in seeing commercial
redevelopment, specifically for unoccupied business buildings. Consensus was to appoint Ms. Griffin
by resolution at the next meeting.
CONSIDERATIONS:
1. (Tape 1, 211) A motion was made by Ms. Salamone and seconded by Mr. Bruns to approve the
City Council Regular Meeting Minutes of January 20, 1998 as presented. The motion passed
5 -0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro
Tem Petsos, For; and Mayor Randels, For.
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City Council Regular Meeting Minutes
February 3, 1998
Page 2
2. (Tape 1, 233) Public Works Director, Ed Gardulski, explained that the Purchase of Two (2)
Flow Proportional Samplers is budgeted. However, it is possible to purchase three within
the budgeted amount, providing a backup system. Kenneth Veenstra, Public Works
Employee, explained that weekly composite sampling is required for state permitting. He
related that the equipment automatically takes a metered sample exactly 60 minutes apart,
providing an ideal composite sample. He further related that the various samples are not
intended to detect errant samples, it is to produce the required composite. Mr. Petsos
queried if the samplers are of proven quality, in that the budgeted amount is so much higher
than the actual cost. Mr. Gardulski responded that they are the same as used in Port Orange
and also have a warranty.
A motion was made by Mayor Randels and seconded by Mr. Hernandez to approve the
purchase of three (3) Flow Proportional Samplers through GSA, in the amount of $14,985.
The motion passed 5 -0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
3. (Tape 1, 730) A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the
Cooperative Purchase of a Sewage Lift Station Radio Telemetry System, from Data Flow
Systems, Inc. in the amount of $80,739. The motion passed 5 -0, with voting as follows: Ms.
Salamone, For, Mr. Bruns, For Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor
Randels, For
4. (rape 1, 1321) Mayor Randels explained that he had met with the Canaveral Port Authority
and they are requesting a date for Sewer Impact Fees to no longer be charged. Mayor
Randels suggested January 1, 1997.
Ms. Salamone queried, "Why are we ceasing anything until they are off the system ?"
City Attorney, Kohn Bennett, explained that current service impact is being charged through
service fees. Impact Fees are intended for future construction expansion costs caused by
added capacities. He related that the recent construction was not capacity - driven, it was to
provide for water reclamation by state mandate. Further, he stated, case law demonstrates
that there should be concern for collecting impact fees when the funds are not expected to
be used in the future. Mr. Bennett expressed concern that failure to come to a settlement
agreement on a cessation date will cause a lawsuit and the city will have to return the funds
anyway. He reiterated that it is not in the city's best interest to spend money on attorney
fees.
City Manager, Bennett Boucher, stated that there were construction costs to upgrade the
treatment facility in 1988 which might be chargeable to impact fees. He related that he will
research the project bid documents and Briley, Wild & Associates reports may demonstrate
chargeable costs.
Mr. Bruns expressed concern that impact fees have not been collected from Lloyd's
Restaurant located at the port, and possibly other businesses.
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City Council Regular Meeting Minutes
February 3, 1998
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A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the
Addendum to Port Sewage Franchise Agreement regarding Impact Fees, striking all but
paragraph 6, providing for the Collection of' Sewer Impact Fees Cessation, beginning
January 1, 1998. The motion passed 5 -0, with voting as follows: Ms. Salamone, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
5. (Tape 1, 2817 — Tape 2) City Manager, Bennett Boucher, related that the Proposal from Stottler,
Stagg & Associates for the Design of' Commerce Street is higher than anticipated. Consensus
was for Mr. Arthur Berger to obtain a proposal from his company's engineer, Droor &
Associates for the design of Commerce Street for consideration.
ORDINANCES — FIRST READING
6. (Tape 2, 412) Mayor Randels read Ordinance No. 01 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, SECTION 22 -37, BY
AMENDING THE QUALIFICATIONS OF MEMBERS APPOINTED TO THE
COMMUNITY APPEARANCE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
Ordinance No. 01 -98 for second reading.
Ms. Salamone expressed concern that the ordinance does not limit the number of
non - resident members. Council concurred and an amending motion was made by
Ms. Salamone and seconded by Mr. Bruns to allow only one non - resident member to
the Community Appearance Board. The amending motion passed 5 -0, with voting as
follows: Ms. Salamone, For; Mr. Bruns, For Mr. Hernandez, For; Mayor Pro Tem
Petsos, For and Mayor Randels, For.
The main motion passed 5 -0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For,
Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
7. (Tape 2, 620) Mayor Randels read Ordinance No. 02 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
AMENDING CHAPTER 78, ARTICLE IV, RECLAIMED WATER, BY AMENDING SECTION 78-
177, CONNECTION TO THE SYSTEM, OF THE CODE OF CAPE CANAVERAL, FLORIDA,
PROVIDING FOR A REVISED DEFINITION OF "AVAILABLE" FOR CONNECTION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Ms. Salamone and seconded by Mr. Hernandez to approve
Ordinance No. 02 -98 for second reading.
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City Council Regular Meeting Minutes
February 3, 1998
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Mr. Petsos expressed concern that the ordinance needs clarification because although a
home is within 100' of a main line, it may not be feasible to connect them.
City Attorney, Kohn Bennett, stated that it is possible to amend the ordinance with language
clarifying the definition of "availability."
Mr. Hernandez opined that the ordinance should be reconsidered.
A motion was made by Ms. Salamone and seconded by Mr. Petsos to table Ordinance No.
02 -98 for further clarification.
DISCUSSION:
8. (rape 2,1242) City Clerk, Sandra Sims, reported that the Board Member Vacancy Statistics
Report developed demonstrates the movement of board membership during calendar year 1997.
Virtually every new member was recruited by word of mouth.
During 1997:
• Two press releases were published recruiting board members
• The city marquee was displayed to recruit members
• Two requests for volunteers were incorporated into articles during the year by Ann Samuels,
Space Coast Press
• The full application was published on May 22, 1997 (attached)
She stated that a packet, including an application was distributed to all current Board Members
and Council Members to encourage board member recruiting.
9. (Tape 2, 2252) Fire Chief, David Sargeant, discussed the Fire Chiefs Association's efforts to
convince the County to institute the same charges for Emergency Medical Services
Transport throughout the county. He related that paragraph 4(d) of the Space Coast League
of Cities Resolution Relating to Emergency Medical Services is unnecessary and will slow the
process. He further opined that if cities provide their own emergency medical service
transport, it should be coordinated with the county.
10. (Tape 2, 2320) Commerce Street Settlement Agreement and Dedication discussion was
covered under item no. 5.
REPORTS:
11. City Manager — Bennett Boucher (Tape 2, 2265)
• Mr. Boucher reminded Council that the Water Reclamation Plant is holding an Open
House from February 2 through February 7, 1998 between the hours of 10:00 a.m. and 2:00
p.m.
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City Council Regular Meeting Minutes
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• Mr. Boucher reported that the Environmental Protection Agency has sent a notice to Mr.
Applegate, owner of the Washington Avenue beach end property, mandating that the
remaining debris be removed.
• Mr. Boucher reported that the P2000 grant for the purchase of the seven (7) acres adjacent
to the Manatee Sanctuary has been approved for a six-month extension.
City Clerk — Sandra Sims
No report.
City Attorney — Kohn Bennett (Tape 2, 2410)
• Mr. Bennett related that upon reflection, he is concerned about the open motion approving
the Canaveral Port Authority Sewer Impact Fee Cessation. He stated that a time limit for
their acceptance should be established.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to reconsider item no. 4.
The motion passed 5 -0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
A motion was made by Ms. Salamone and seconded by Mr. Bruns to amend the motion to
amend the agreement with the Canaveral Port Authority to cease collecting sewer impact
fees beginning January 1, 1998, to include the statement that the agreement must be accepted
by February 20, 1998. The motion passed 5 -0, with voting as follows: Ms. Salamone, For
Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For.
• Mr. Bennett reported that the Fifth District court denied Fairvilla's appeal. He explained
that any further appeal will have to go before the Supreme Court.
Council Member — Joy Salamone
• Ms. Salamone reported that she did receive E -Mail from the city today and commended
efforts on the web page.
• Ms. Salamone commended the Public Works Department for removing stumps and
packing the hoes at the school grounds.
• Ms. Salamone stated that she had received the past year distributed logged in mail by the
"Silent Too Long" author.
Council Member — Burt Bruns
No report.
Council Member — Tony Hernandez
No report.
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City Council Regular Meeting Minutes
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Mayor Pro Tem — Buzz Petsos
• Mr. Petsos queried about the status of the dumpster screening ordinance. City Manager,
Bennett Boucher, responded that the ordinance has been drafted and will be on the next
agenda for first reading.
• Mr. Petsos submitted a proposed city bumper sticker with the City's logo and the wording,
"Cape Canaveral" "My City" " I'm Part of It" "I'M Proud of It " He related that Blue Note
will print 500 for a cost of $260 or 1,000 for a cost of $391. Council concurred to have
1,000 printed.
• Mr. Petsos reminded Council that the American Cancer Society will need Council
Members to bag groceries at the Cocoa Beach Winn Dixie on February 7 between 4:00 and
8:00 p.m.
• Mr. Petsos reminded Council of the Space Coast League of Cities meeting in Rockledge
on Monday, February 9, 1998.
Mayor — Rocky Randels
• Mayor Randels suggested that the City Manager consider including the Annex, Sheriffs
Department with the new telephone system for City Hall.
• Mayor Randels reported that the Space Coast Press is publishing an article on the Fire
Department member going to Italy to return with the new Disney ship.
• Mayor Randels reported that Bill Mays, owner of Sheldon's Cove has opened another Day
Care Center in the Excel business building in Rockledge.
• Mayor Randels reported that there is a $15,000 grant from the Department of Community
Affairs for local mitigation strategies. He related that if the municipality does not obtain the
funds, 50 percent will go to the county and the remaining 50 percent will not be allocated.
There being no further business, a motion was made by Ms. Salamone and seconded by Mr. Hernandez
for the meeting to adjourn at 9:50 p.m.
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Rocky Randels, MAYOR