HomeMy WebLinkAbout06-16-1998 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 16, 1998
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
MINUTES
Council Members Present
Burt Bruns
Tony Hemandez
Joy Salamone
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
Building Official, G.J. "Whitey" Moran
PRESENTATIONS: Spring Beautification Awards
Jackie Coates, Beautification Board Awards Chair, presented awards to the following Spring
Beautification Winners.
Residential
Gerald Bellflower
209 Harbor Drive
Multi-Familv
Canaveral Sands
Gerald Wright and Mary McKenzie
8500 Ridgewood Avenue
Commercial
Maggie's Nursery
Maggie Johnson
8508 North Mantic Avenue
Ms. Coates introduced Nancy `Kacee" Corbin as the Beautification Award Chair for the next year.
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City Council Regular Meeting Minutes
June 16, 1998
Page 2
PUBLIC HEARINGS
ORDINANCE — FIRST READING
1. (Tape 1, 504) Ordinance No. 18 -98, Comprehensive Plan Amendment CPA 01 -98.
Mayor Randels read Ordinance No. 18 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SAID TO
COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT
REFERENCED AS CPA 01 -98 AS PROVIDED IN FLORIDA STATUTES SECTION 163.3184(15)(c),
WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE FUTURE
LAND USE MAP BASED ON THE CITY'S APPROVED EVALUATION AND APPRAISAL
REPORT; PROVIDING FOR AN EFMk CTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
ErrECTIVE DATE.
Mayor Randels commended the Local Planning Agency and provided background of the
1988 Comprehensive Plan noting the City's requirement to update every ten years. Todd
Peetz, City Planner, will transmit the plan to the Florida Department of Community Affairs
for a first review to ensure that it is in compliance with State regulations. The
Comprehensive Plan is set for completion in November. Council, by majority, agreed that
the document was impressive and commended the Board for their work.
There was no public comment.
Motion by Mr. Bruns and seconded by Ms. Salamone to approve Ordinance No. 18 -98 for
submittal to the Department of Community Affairs for first review. 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.
2. (Tape 1, 1840) Ordinance No. 23 -98, Providing for a Referendum regarding Vacancies in
Elected Offices. •
Mayor Randels read Ordinance No. 23 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING
ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF CAPE
CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT
SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE III OF THE CITY CHARTER;
PROVIDING FOR THE FT.RCTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE
RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO ARTICLE II,
SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION
CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE
PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR
NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE;
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City Council Regular Meeting Minutes
June 16, 1998
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PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN Et ECTIVE DATE.
There was no public comment.
Amending motion by Ms. Salamone and seconded by Mr. Bruns to amend Ordinance No 23-
98 and change the word shall to should. The amendment to 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.
Motion by Mr. Petsos and seconded by Mr. Hernandez to approve Ordinance No. 23 -98 for
second reading. 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, 2915) Ordinance No. 22 -98, Antennas located on existing sites
Mayor Randels read Ordinance No. 22 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS,
BY AMENDING SECTION 110 -483, WIRELESS TELECOMMUNICATION TOWERS AND
ANTENNAS. OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A
REVISED LIST OF ADMINISTRATIVE USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
There was no public comment.
Motion by Mr. Petsos and seconded by Ms. Salamone to approve Ordinance No. 22 -98 for
second reading. 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.
ORDINANCE — SECOND READING
4. (Tape 1, 3045) Ordinance No. 19 -98, Amending or Adding the Definitions for Existing
Grade, Finish Grade, Height of Building, and Fences
Mayor Randels read Ordinance No. 19 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION 110 -1, DEFINITIONS, BY AMENDING OR ADDING THE
DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDING, AND
FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
There was no public comment.
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June 16, 1998
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Motion by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 19 -98 at
second reading. 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.
CONSIDERATIONS:
Ms. Salamone recommended addressing Item No. 7 at this time.
7. (Tape 1, 3168) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the
School Resource Officer Agreement with the City of Cocoa Beach in the amount of
$6,492.48. Mr. Petsos, although in favor of the agreement, was concerned with the Resource
Officer turn over and was also concerned with salary and if the Sheriff can provide this service.
Mr. Hernandez said that the Sheriff might not have jurisdiction. Mr. Petsos stated that he wants
the Sheriff to acquire all the schools in the County rather than each City making provisions. Mr.
Bruns requested more reports stating this one was the first report submitted. Ms. Pat Vann,
Principal, stated that she was initially reticent toward the program, however, due to societal
connotations, School Resource Officers have become very meaningful and positive. Officer Kim
Smith said that the school needs an officer who cares and does not just take the job as an
assignment. 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 2, 365) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the
Regular City Council Meeting Minutes of May 19,1998. 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.
6. (Tape 2, 377) A motion was made by Mr. Hernandez and seconded by Ms. Salamone to approve
the Library Lease Agreement with Brevard County. 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.
8. (Tape 2, 515) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the
Designation of a Voting Delegate to the Florida League of Cities Convention and inserting
the name of Buzz Petsos. 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.
9. (Tape 2, 584) A motion was made by Ms. Salamone and seconded by Mr. Hernandez to
approve the Engineering Inspection Services for Phases II and III of the City's Reclaimed
Water Construction Project to Hampton and Associates, in the amount of $39,034. Mr.
Bruns queried if there were a need for inspectors to ensure that house connections are proper.
Mr. Gardulski stated that an inspector would provide the interface with customers for their
connection. Mr. Petsos was opposed to a full -time inspector. The motion passed 4-1, with voting
as follows: Ms. Salamone, For, Mr. Bruns, For Mr. Hernandez, For, Mayor Pro Tem Petsos,
Against, and Mayor Randels, For.
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June 16, 1998
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RESOLUTION:
10. Mayor Randels read Resolution No. 98 -16 by title.
A RESOLUTION OF THE CTTY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING A SECOND ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve Resolution
No. 98 -16, Appointing One (1) 2nd Alternate Member to the Beautification Board with a
term to expire November 1, 2000, inserting the name Jean Simoes. 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.
DISCUSSION:
11. (Tape 2, 1398) A motion as made by Mr. Hernandez and seconded by Ms. Salamone
to table until the next scheduled Council meeting Amending Code Section 110 -334,
Special Exceptions Permissible by the Board of Adjustment (Deleting
Residential Construction in the C -1 Zoning District). 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.
12. (Tape 2, 1398) A motion as made by Mr. Hernandez and seconded by Ms. Salamone
to table until the next scheduled Council meeting Amending Section 110- 567(b),
Relative Tree Point Values for Landscaping Purposes. 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.
REPORTS:
13. City Manager's Report (Tape 2,1540)
• Mr. Boucher reported that the Patriot's Park was progressing.
• Mr. Boucher related the Fire Chief's report for the July 4th weekend that open burning is banned
statewide and that extra staff is being hired and there will be zero tolerance and arrest for offenders.
• Mr. Boucher announced that the Annual Employee Picnic is June 27th.
• Mr. Boucher stated that the Patriot's Park Volunteer project would take place this Saturday.
Mayor Randels would coordinate efforts with Mr. Gardulski and Mayor Pro Tem Petsos.
• Mr. Boucher reported that volunteers need to be scheduled for the Cape View Elementary
project in July, also, the Sea Oats and Sand Fencing project is scheduled for July 25s`.
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City Council Regular Meeting Minutes
June 16, 1998
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AUDIENCE TO BE HEARD:
No Comments.
REPORTS CONTINUED:
City Clerk
No report.
City Attorney
No report.
Ms. Salamone
No report
Mr. Bruns (Tape 2, 2210)
• Mr. Bruns queried the number and status of the unfinished Building Permits in the City.
• Mr. Bruns questioned if there would be a lock on each reuse installation when not in service and
also asked how is it enforced
• Mr. Bruns noted that palm trees on Washington & Ridgewood Avenues and Central Blvd. are
expired. He questioned if the trees were under warranty and what is done to keep them alive
• Mr. Bruns questioned the status of the sewer line to the proposed Wingate Hotel. He noted that
the property owner was requesting an easement to install the line and the City may want to
consider a cost - sharing agreement
• Mr. Bruns queried the status of City Hales phone system and was told that the issue is on hold.
The City would remain with Essex on a month-by-month basis with less lines and would acquire
voice mail.
Mr. Hernandez (Tape 2, 2447)
• Mr. Hernandez spoke in favor of promoting John Glenn's missions and changing the name of
Central Blvd. to John Glenn Blvd. Mr. Petsos suggested soliciting property owner's input by letter.
• Mr. Hernandez reported a consensus to begin the Cape Canaveral Arts Council
• Mr. Hernandez queried the investing costs for DHB. He recommended an accounting for
financial transactions as well as arrests and convictions stating that an agreement is not necessary.
• Mr. Hernandez announced that framing is in progress for the Cuban art at the Library.
Mayor Pro Tem Petsos (Tape 2, )
• Mr. Petsos queried the agreement for Commerce Street and requested follow-up
• Mr. Petsos reported on the Storm Shutters grant
• Mr. Petsos recommended scheduling Budget Workshop dates as well as date for Goals and
Objectives meetings
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Mayor Randels (Tape 2, 2868)
• Mayor Randels reported that the Fire Department. competed in state competition and received
3th Place
• Mayor Randels announced that Greg Mullins passed his Building Inspector and Property
Standards tests
• Styrofoam Machine
• Mayor Randels commended the City Manager for his presentation at Johnson Controls
• Mayor Randels commended Nancy Hanson for the Recreation Department's articles in Florida
Today
• Mayor Randels queried pay structures for key positions
There being no further business the meeting adjourned at 9:50 PM
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Rocky Randels, MAYOR