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HomeMy WebLinkAbout02-03-1998 Regular Meeting1 1 1 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. \gyp - , , » o2-O3 98.E 1 1 1 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. \ \Cape- nt\ cityclerk \CityCIk1MINUTES\REGULAR \1998 \02- 03- 98.doc 1 1 1 City Council Regular Meeting Minutes February 3, 1998 Page 3 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. \\ Cape- nt\ cityclerk \CityClk\MINUTES\REGULAR \1998 \02- 03- 98.doc 1 1 1 City Council Regular Meeting Minutes February 3, 1998 Page 4 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. \\ Cape- nt\ cityclerk \CityClk\M1NUTES\REGULAR \1998 \02- 03- 984oc 1 1 1 City Council Regular Meeting Minutes February 3, 1998 Page 5 • 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. \ \Cape- nt\ cityclerk \CityClk\MINUfES\REGULAR \1998 \02- 03- 98.doc 1 1 1 City Council Regular Meeting Minutes February 3, 1998 Page 6 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. \\ Cape- nt\ cityclerk \CityClk\MINLTrES\REGULAR \1998 \02- 03- 98.doc Rocky Randels, MAYOR