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Home My WebLink About05-19-1998 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 19, 1998 7:00 P.M. MINUTES CALL TO ORDER: Council Members Present Burt Bruns Tony Hernandez Joy Salamone Mayor Pro Tem Buzz Petsos MayorRockyRandels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski City Treasurer, Andrea Bowers Building Official, G. J. "Whitey" Moran Recreation Director, Nancy Hanson PLEDGE OF ALLEGIANCE: PRESENTATION: Public Works Director, Ed Gardulski, presented a Ground Water, Water Saving, Wastewater Education Package to Joy Salamone, Cape View Elementary School Principal. He reported that the City of Cape Canaveral purchased the video educational packet as participants in the Water Environment Association Adopt a School Program. Ms. Salamone expressed her appreciation to Mr. Gardulski and the City, citing the importance of environmental education. CONSIDERATIONS: 1. (Tape 1, 267) A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Regular City Council Meeting Minutes of April 21,1998, correcting Ms. Salamone's report to reflect that the Cape View Elementary School Sprinkler System Volunteer Project is scheduled for the third week in June rather than the first week in June. 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. g citycl ut tegulai\1998\os- 19- 98.doc 1 1 1 City Council Regular Meeting Minutes May 19, 1998 Page 2 2. (Tape 1, 301) A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the Annual Audit Service Contract with Bray, Beck & Koetter in the amount of $25,000 extending the contract for three years. City Manager, Bennett Boucher, explained that the initial contract was for three years and may be extended or let for bid. Wendy Knippel, audit manager, was present and related that she is authorized to accept a three year contract. Council commended the firm for their extended efforts on the Comprehensive Annual Financial Report (CAFR). 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, 687) City Treasurer's Report and Quarterly Budget Transfers. City Treasurer, Andrea Bowers, reported that revenues are being received above projections. City Manager, Bennett Boucher, stated that contingency is currently more than $38,000 and the available reserve balance as of the last audit is over $312,000. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Quarterly Budget Transfers. 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. RESOLUTION: 4. (Tape 1, 1321) Resolution No. 98 -12 was read by Mayor Randels. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO REGULAR MEMBERS TO 111E1 COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EH ECTTVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Resolution No. 98 -12, inserting the names Bertie Edwards and Larry Weber, with terms to expire on June 1, 2000. The resolution was approved 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. PUBLIC HEARINGS ORDINANCE — SECOND READING 5. (Tape 1, 1403) Mayor Randels read Ordinance No. 17 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34 -97, DUTIES AND RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN rrrECTIVE DATE. G : \CityClk\ MINUTES \REGULAR\1998 \05- 19- 98.doc 1 1 1 City Council Regular Meeting Minutes May 19, 1998 Page 3 A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 17- 98. Ms. Salamone opined that the requirement for dumpsters to be placed on a concrete pad is excessive. An amending motion was made by Ms. Salamone and seconded by Mr. Petsos to remove the phrase "upon a concrete pad." There was no public comment. An amending motion was made by Mr. Bruns and seconded by Mr. Hernandez to change the Section 1 language to read, 34-97, (b)(2) Screening of service yards and dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible, and which meet the design requirements as adopted in Appendix A of this Article referring to this section. There was no public comment. The ordinance was approved 5 -0 for second reading, with voting as follows: Ms. Salamone, For, Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. The first amending motion passed 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 with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUTSSION: 6. (Tape 1, 2025) Reuse Water Connection Policy for Phases II & III City Manager, Bennett Boucher, explained that the policy including fees must be established in order for staff to educate the public. He recommended maintaining the current system considering the city's financial status and the $100,000 grant. Council concurred to sustain the current rates and policy. City Attorney, Kohn Bennett, explained that the current resolution provides for annual review of rates, therefore, no amendments will be needed. REPORTS City Manager — Bennett Boucher • Mr. Boucher commended the Planning and Zoning Board and the Building Department for their extensive efforts on the Comprehensive Plan Amendments. • Mr. Boucher reported that Mr. Kuzcek, owner of the Post Office property on Commerce Street, related that the Post Office wants the city to take ownership of the street and assess the costs of repairing the road. Mr. Boucher stated that the League of Cities attorney advised the city to merely follow the State Statutes to develop the assessment procedures. Council concurred to pursue the special assessment. City Attorney, Kohn Bennett, stated that the proposed deed is unacceptable as submitted and will require a change. He further opined that the street should be built very close to city specifications, not overbuilt. • Mr. Boucher requested that Council submit the Goals in writing by Friday, May 22, 1998. Ms. Salamone opined that City Hall should be moved into another location rather than remodeled. G: \CityClk\MINUTES\REGULAR \1998 \05- 19- 98.doc 1 1 1 City Council Regular Meeting Minutes May 19, 1998 Page 4 Audience • Jean Simoes, 603 Shorewood, queried if the city could do something about the merge signs on 528 at the port. She related that it is very confusing and dangerous because there is no warning before the lanes merge. Mr. Boucher responded that the Department of Transportation controls the signs and highway, however, we can send a letter. • Ms. Simoes reported that a ship, the Topaz, has been docked at the port and running 24 hours for days creating tremendous smog over the city. She queried if this is regular. Mr. Boucher responded that the ship was being repaired and is an irregular event. However, the Local Planning Agency has included comments in the Comprehensive Plan regarding emissions from ships. • Ms. Simoes expressed concern that the abandoned house on the beach at the north end of the city attracts transients. Mr. Boucher responded that Code Enforcement would be notified. • Sue Wallace, resident, expressed concern that the city disallows skateboarding due to liability issues but has no requirement for racquetball players to wear safety glasses. Recreation Director, Nancy Hanson stated that the city encourages their use, but most public courts do not mandate glasses. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett • Mr. Bennett reported that he is prepared to send a contract to the seller of the Patriots' Park property. The appraisal is $29,000 and the grant is $50,000. Nancy Hanson stated that the owner was asking $60,000. Building Official, G.J. "Whitey" Moran, confirmed that the lot is buildable because it is a nonconforming lot of record that requires adherence to the setbacks . Council concurred to make a $30,000 offer. Council Member — Joy Salamone • Ms. Salamone thanked Mr. Petsos and Mayor Randels for their efforts to retain the courtesy school bus service to children on the west side of ALA. • Ms. Salamone encouraged Council to attend a School Benefit putting contest at the Washington Mutual Bank on Friday May 29. • Ms. Salamone stated that the Cape View sprinkler volunteer project could be deferred to July if needed. • Ms. Salamone stated that she would be unable to attend the next Council Meeting because she will be out of the country, returning June 15. G: \CityClk\MINUTES\REGULAR \1998 \05- 19- 98.doc 1 1 1 City Council Regular Meeting Minutes May 19, 1998 Page 5 Council Member — Burt Bruns No report. Council Member — Tony Hernandez • Mr. Hernandez reported that he joined John Porter's volunteer group planting mangroves along Highway 520. • Mr. Hernandez stated that while biking along North Mantic Avenue he noticed a convenience store with signs covering the windows and queried if it is allowed by our current ordinances. He opined that an ordinance should be passed to disallow the signage if Florida Statutes are insufficient. Mr. Bruns suggested that staff speak to the manager because they may be unknowingly violating their own policies. Mayor Pro Tem — Buzz Petsos • Mr. Petsos related that the Space Coast League of Cities has brought up the subject of Sister City relationships. He queried if we still have Sister Cities and with whom. The city has four Sister Cities located in Italy, Greece, Portugal and Switzerland. • Mr. Petsos stated that the referendum issue of candidate qualifying for open seats created by resigning to run for the next election should be prepared for consideration on the next agenda. • Mr. Petsos expressed disappointment that the city has received a letter from the Canaveral Port Authority opining that there is no need for a joint meeting of the Council and Port Commission. • Mr. Petsos reported that the Canaveral Port Authority does want to join the city efforts to install sand fencing on the beach. • Mr. Petsos reported that the next beach sand renourishment project is scheduled for 1999. • Mr. Petsos stated that the Patriots Park volunteer project should be scheduled as soon as possible. Mayor — Rocky Randels • Mayor Randels reported that he has met with Earl McMillin, a resident on Holman Road, regarding the property owners taking ownership of the road from the county. He related that the county has informed Mr. McMillin that the county could not deed the road the residents because it is owned by the city. City Attorney, Kohn Bennett, stated that the must have a deed before it can quit claim the street. • Mayor Randels reported that a new Destroyer, the USS Porter has been commissioned and may select the Canaveral Port as its sister port with Norfolk, Virginia. If so, they will do volunteer work for the city annually. • Mayor Randels reported on his trip with General Starbuck to Vanderberg Air Force Base in California. He related that they are a counterpart for space launches. He also reported that the air National Guard might reside at Patrick Air Force Base. G : \CityClk\MINUTES\REGULAR \1998 \05- 19- 98.doc City Council Regular Meeting Minutes May 19, 1998 Page 6 8. Council concurred to submit written Goals & Objectives to the City Manager by Friday, May 22, 1998. There being no further business, the meeting adjourned at 9:25 p.m. 1,Jm ;WM Von. S Sandra kozwr Sims, CITY CLERK G: \CityClk\MINUTES\REGULAR \1998 \05- 19- 98.doc goo. Rocky Randels, MAYOR