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HomeMy WebLinkAbout03-02-1999 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 2, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Assistant City Clerk, Susan Stills City Treasurer, Andrea Bowers PROCLAMATIONS: <Tape 1, 39> Mayor Randels read the proclamation for Fair Housing Month and presented it to Mr. David Beady, Executive Director. Mr. Beady informed the audience that the Fair Housing Continuum is a private, non - profit organization that handles a portion of Housing and Urban issues through housing discrimination complaints and enforcement. He added that in the City of Cape Canaveral it is imperative that developers meet accessibility requirements due to a recent lawsuit involving three multi- family dwellings in the city that did not meet the federal accessibility requirement. The building permit process can foster awareness of the requirements as well as education and outreach programs. Mr. Boucher recommended making materials from the Continuum available to developers. <Tape 1, 430> Mayor Randels asked Officer Ernie Perry to provide information on the Brevard County Triad. Officer Perry explained that the Triad extends from SR 528 to the Pineda Causeway. The Triad is a National organization formed last March by the Sheriffs Office, the State Attorney's office and the Chief of Police Association. The program deals with quality of life issues for seniors. Officer Perry explained that SALT 1 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 2 Councils would meet once of year looking into quality of life issues for seniors in the local area. Although these issues are not traditionally law enforcement tasks, due to the nature of citizen accessibility, the program lends itself to their involvement. Officer Perry distributed sample surveys that were inserts to the Senior Life magazine. The SALT Councils would review the surveys in order to develop programs around issues. In addition to the survey, senior referral cards would be distributed to law enforcement personnel for distribution to seniors and locate help in their respective area of need. Mr. Nicholas expressed concern with the City's financial obligation to the program. Mayor Randels explained that the service agencies are already in existence and the program would help to match a service agency with seniors in need. Mr. Treverton asked how the Triad would publicize the surveys. Officer Perry said that a background organization has taken on the distribution function. Officer Perry informed the audience that the Triad is non - profit organization that started on a charter from the Sheriffs Office, the State Attorney's office and the Chief of Police Association. The Sheriffs office made an initial $3,000 donation and over $7,000 in sales and proceeds from the National Conference, subsequently the program is at no cost to Brevard County. Mr. Petsos asked Officer Perry to explain the purpose of the Cape View Citizens Patrol. Officer Perry explained that Mr. Mark Pappas, Cape View Elementary teacher, researched and initiated a program that empowers the school children to enact on behalf of their community at the school. Mr. Pappas formed the Cape View Citizens' Patrol that mediates altercations, reports suspicious activity and takes an active part and responsibility for situations on the school campus. Through the City Council and the city at large, T -shirts were given to 18 designated members. Mr. Petsos read one of the thank you letters from the students to the City. Mayor Randels presented Officer Perry with a personal thank you letter from the students. Mr. Bruns queried about response from the "No Trespassing" signs in the City. Officer Perry stated that citizen response is congratulatory and the program is a success. Mayor Randels explained to the audience that the City is engaged in a program on unauthorized camping on private property. The process is to notify the owner when individuals are camping on their property and with an affidavit and the owner's permission, the City approaches the individuals and notifies them to leave the area. Officer Perry stated that the program does not attack the homeless but protects an individual's private rights. He emphasized that the homeless, if they chose, are provided services. 1 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 3 CONSIDERATIONS: 1. <Tape 1, 1213> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Final Plat for Madison Townhomes. Mayor Randels questioned the process in that a replat is approved after the construction is complete. Attorney Bennett explained that the Preliminary Plat approval precedes this step. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For Mr. Treverton, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 1336> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve that the City provide $2,000 to match a $2,000 donation from USA Waste Management to prepare a detailed site plan for the Cape Canaveral City Park. Mr. Boucher explained the project status in that an engineering cost estimate is needed for subsequent grant funding. Mr. Hernandez spoke in favor of the project in that this is an opportunity to beautify the City. Mr. Petsos, although in favor of the project, stated that members of the League are no longer in full support of the project due to a change in the field's current use. Mr. Petsos recommended knowing the League's requests before continuing to develop a site plan. Mr. Bruns asked if the site plan is based on the rendition and would the cost change after additional input. Mr. Hernandez clarified that the site plan would not be based on the rendition, after funding approval he anticipated input from contributing factions. Mr. Petsos stated that due to the change in current opinion on the project, additional input is needed before proceeding with a site plan. Mr. Hemandez displayed the color rendition and related different aspects of what could be developed and he emphasized that the site plan would be a commitment to the project. Mr. Pekar explained that Stott ler, Stagg would input the dimensions into the Computerized Architectural Design (CAD) and achieve a hard line layout from group participation. Mr. Nicholas expressed the need to review the field's use and accommodation to the players in the analysis of the field's development. Mr. Treverton related that he toured the Recreation Center and the ballfield with Ms. Nancy Hanson, Recreation Direction. He recounted that Ms. Hanson was not in favor of bulldozing the park for new development. Mr. Hemandez clamed that revitalization is the overall goal not changing the park's dimensions. Mr. Pekar explained that the plan would retain the retrofit lighting and the fence and other amenities would fit into these elements using true dimension lines from the CAD. Mr. Nicholas asked who else 1 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 4 would determine the project beyond the Little League. Mr. Boucher stated that the Recreation Board would address this issue along with the City engineers. An amendment was made to the main motion by Mr. Petsos and seconded by Mr. Bruns to include the verbiage; "prior to expenditure of funds the Recreation Board will hold a meeting and all possible interested parties can attend." Mr. Boucher recommended setting this item aside until the Recreation Board holds a workshop meeting. A motion was made by Mr. Bruns and seconded by Mr. Treverton to withdraw both the main motion and the amendment and to table the approval of a detailed site plan until time certain. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For, Mr. Hemandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 3189> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Engineering Services for Design of the Entrance Roadway to the Banana River Park at a cost of $6,950 with funding appropriated from County Road Impact Fees. Mr. Boucher explained that he and Mayor Randels closed on the Banana River Park property on Thursday, February 25th. The City now has a 50 -foot ingress and egress right -of -way along the property boundary. Mr. Boucher requests that Council approve the funding and incorporate this proposal along with the Tower Blvd. bid to Stott ler, Stagg. Mr. Boucher affirmed Mr. Petsos's query that the roadway is solely used for the park. Mr. Bruns asked the City Engineer if a 5 -foot sidewalk is large enough and asked that he take this in consideration when planning. Mr. Boucher stated that Public Works would also try to direct the stormwater runoff into the lift station. Mr. Boucher negated Mr. Bruns's question that this process would impact the sewer lines in the City's north end. Mr. Boucher explained that a utility easement from the landowner was necessary for a sewer line. Mayor Randels clarified that the City does not have the right to install sewer lines on the road. Attorney Bennett clarified further that the right of that roadway use is a non - exclusive right with the public. Mr. Bruns's expressed concern that installing a sewer line would destroy the road. Mr. Boucher explained that the responsibility for repairing damage lay with those installing the line. Mayor Randels asked for information on the joint project with the City of Cocoa Beach. Mr. Boucher explained that he is working on a joint bid with the Cocoa Beach City Manager to install a road thereby reducing costs. Mr. Petsos queried about the funding source for this project. Mr. Boucher recommended that the City use the County Road Impact Fees. Mayor Randels asked for clarification on the use of these 1 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 5 fees. Mr. Boucher explained that $52,000 is available for the City's use and that these funds are a source for new roads and sidewalks since impact fees are used for new development. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 4. <Tape 2, 138> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve a Cooperative Purchase of a Chevrolet Cargo Van in the amount of $17,310 for the Public Works Department. Mayor Randels explained that funds for this vehicle were actually budgeted and approved at $19,000. Mr. Walter Bandish, Chief Operator, stated that the unencumbered amount would be used to retrofit the van to carry supplies. Mr. Petsos questioned why the extended warranty was not included due to multiple employees. Mr. Bandish answered that the warranty was not beneficial. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mr. Treverton, For, Mayor Pro Tem Petsos, For and Mayor Randels, For DISCUSSION: 5. <Tape 2, 226> Mayor Randels asked Mr. Boucher to explain the County's request to support the 9th, 10th and 11th cent to the Local Option Gas Tax. Mr. Boucher referred to his memo and the data provided on revenue sharing to the cities if the City were to agree to the 10th and 11th cent Local Option Gas Tax. He stated that the share amounts to an additional $26,000 annually in addition to the $170 currently received. Mr. Boucher stated that the current 6th cent was extended to the year 2011, but due to additional road maintenance the County is proposing the 9th cent given solely to the County and a 10th and 11th cents to share among the cities and the County. The County Commission would address this issue in the spring and they are anticipating feedback from the municipalities. Mr. Bruns queried about the 7th and the 8th cents. Mr. Boucher responded that those are State constitutional taxes. Mr. Petsos asked for a list of proposed road improvements in the community. Mayor Randels explained that the City's portion of the revenue is based on its population. Mr. Petsos stated that he would like to know if the County roads within the City were included. Council Members requested more information before proceeding to consider the County's Justification for the increase. Mayor Randels clarified for the audience that a one -cent gasoline sales tax would benefit the County with $1 million, $14,000 in funds, and Cape Canaveral's percentage of this revenue based on its population is $26,000 for road repair. Mr. Boucher stated that the County intends to extend all gas taxes to the year 2021. 1 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 6 6. City Manager's Report • Mr. Boucher reported the Mr. Mike Abels invited City Council members to visit the Communications Center and tour the jail in Titusville • Mr. Boucher reported that the Comprehensive Plan compliance advertisement is scheduled for publishing in the Florida Today newspaper on March 3`d. Mr. Boucher requested draft language from the Department of Community Affairs on the Florida area ratios. • Mr. Boucher restated that he and the Mayor closed on the Banana River Park property. • Mr. Boucher reported and he and the City Attorney met with Dial Communications, Inc. regarding completion of the reclaimed water project Phases I and II. Attorney Bennett stated that they were informed that the bonding company would be notified if performance is incomplete on Phases I and II. • Mr. Boucher distributed the draft agenda for the joint meeting with Cocoa Beach. Council directed the City Manager to outline topics for discussion to include: Beach Renourishment, the A1A Corridor and joint projects. • Mr. Boucher displayed the flyer for the C -2 Zoning District Regulations meeting on March 15th at 5 P.M. • Mr. Boucher passed out a color rendition for the proposed Solana Shores condominium. • The City Manager, City Attorney and Mr. Scott Pendley met and discussed a settlement offer in the Fairvilla lawsuit. Mr. Pendley requests that City Council assemble in a closed session to discuss the offer. In order to make an informed decision, the City Attomey suggested that each member of Council contacts the City Manager and arrange a visit of the facility. AUDIENCE TO BE HEARD: • Mayor Randels pointed out the Manatee Park location for Mr. Gonroff. • Ms. Bea McNeely requested a volunteer from City Council for the at -Large position on the Local Planning Agency. Mr. Bruns volunteered for this position. City Clerk • No report. City Attomey • Attorney Bennett reported the need for additional Community Appearance Board members and requested that Council made this need known among residents. Council Member Treverton • No report. 1 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 7 Council Member Bruns • Mr. Bruns asked about the status of the Collier County speaker. Mr. Boucher reported that the City received the proposal from the Collier County speaker at a cost of $1,000 plus per diem. Mayor Randels clarified for the audience that this speaker from Naples was influential in design for Collier County with recommendations for improving the appearance. The City would like to have him do the same for Cape Canaveral. • Mr. Bruns said that he will not be available for the C -2 Zoning workshop on March 15th. Council Member Hernandez • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked about the date for the closed session. A date was then set for March 23rd at 5:00 P.M. • Mayor Pro Tem Petsos reported unauthorized recycle pick -up on Monroe, Jefferson and Madison Avenues. • Mayor Pro Tem Petsos commended staff on $405,306 in the General Fund Reserves in addition to the $1 million set aside. • Mayor Pro Tem Petsos announced that he had available tickets for the Pancake Breakfast at the Cape View Elementary School from 9:00 to 11:00 A.M. Mayor Randels • Mayor Randels announced that the Port will conduct beach tilling during the next two weeks. The project that loosens the sand for the sea turtles must be completed by March 15th • Mayor Randels announced that Cape Canaveral has become the information source for Beach Renourishment. • Mayor pointed out the new plates for Ms. Salamone and Mr. Porter photos. • Mayor Randels reported his findings from the Sheriffs office on Driving Under the Influence Citations. He related that the department issued 172 citations with a 75 percent conviction rate. He reported the use of three vehicles with video cameras and said that 15 additional vehicles were applied for with a grant. Mayor Randels concluded his report with the findings that in 1997, 12.6 percent of the City accidents involved alcohol. Due to the more stringent program, the accident involving alcohol was reduced to 4 percent in 1998. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 8 • Mayor thanked Council Members for attending the Little League opening ceremonies. • Mayor Randels displayed benches that could be used in front of the Library to deter cars from misusing the area in front of the book drop. He encouraged ideas from Council to provide a deterrent. • Mayor Randels announced that the next volunteer project is to beautify the area around the kindergarten on Washington Avenue. He forwarded this task to the Beautification Board. • Mayor asked if Council desired to proceed with the No Camping on vacant property program. Council concurred. • Mayor Randels announced that North Winds Ministry is relocating to the Bay View Plaza where they currently operate a Thrift Shop. • Mayor Randels reported that he is working on a proposal to provide free 55- gallon wheeled- garbage cans for Cape Canaveral residents. This would automate the service and allow for one person to operate the truck. • Mayor Randels expressed concern with his findings of 116 calls to the Sheriffs Office for dispatch to the streets in the 200 block areas of Chandler, Caroline and Circle streets. Mayor Pro Tem Petsos related that due to a new State statue the property could be pursued. Attorney Bennett stated that the property can be abated as a nuisance. Council agreed by majority to pursue this course of action. There being no further business the meeting adjoumed at 9:30 P.M. .P1,4\1 Susan Stills, Assistant City Clerk 1 Rocky Randels, Mayor