HomeMy WebLinkAbout08-03-1999 Regular Meeting1
CITY COUNCIL REGULAR MEETING
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 3,1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Council Member Hernandez
Council Member Treverton
Mayor Pro Tem Petsos
Mayor Randels
Council Members Absent:
Council Member Bruns
Others Present:
Bennett Boucher, City Manager
Kohn Bennett, City Attorney
Susan Stills, Assistant City Clerk
Dennis Franklin, C.B.O., Building Official
Chief Dave Sargeant, CCVFD
Beatrice McNeely, Planning & Zoning Chairperson
PRESENTATION:
<40 > City Council Member Pat Poole distributed literature on her topic, the
Harbor City Ambulance Squad. The Harbor City Ambulance Squad has been in
service since 1966. The squad was not aware that their contract would not be
renewed. Ms. Poole reviewed the squad's service in funds versus expenditures.
She stated that the Harbor City Ambulance Squad has been grossly under
funded in a time of substantial growth in the County. Ms. Poole recounted the
numerous instances of Harbor City's benefits to the County. Although the County
Commission reported several reasons to discontinue the service, she stated that
there are facts that disprove.
Mayor Randels clarified for the audience that areas such as, the South Beach
area, and the mainland south of Barnes Boulevard, are maintained by the Harbor
City Ambulance Squad. Ms. Poole answered Mr. Hernandez' question that the
same level of service will be maintained by the County if the Harbor City Squad is
discontinued, however the service will cost three additional dollars. Ms. Poole
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City of Cape Canaveral
City Council Regular Meeting
August 3, 1999
Page 2
affirmed Mr. Hernandez' question that she desires a Resolution from Cape
Canaveral's Council in support of the Harbor City Ambulance Squad. Mayor
Randels expressed his concern that the County Commission did not notify the
cities affected by the loss. Mayor Randels solicited input from Chief Dave
Sargeant. Chief Sargeant reiterated his concern with the County's Emergency
Management Service funding issues. Chief Sargeant emphasized how the
volunteers are essential in assisting the paid staff.
Mayor Randels read Resolution No. 99 -17 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, REQUESTING THE BREVARD COUNTY
BOARD OF COUNTY COMMISSIONERS TO RECONSIDER THEIR
VOTE TO TERMINATE THEIR CONTRACT WITH THE HARBOR
CITY VOLUNTEER AMBULANCE SQUAD; AND PROVIDING FOR
EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to
adopt Resolution No. 99 -17. The motion carried 4 -0, with voting as follows: Mr.
Treverton, For, Mr. Hernandez, For Mayor Pro Tem Petsos, For and Mayor
Randels, For.
CONSIDERATIONS:
1. A motion was made by Mayor Pro Tem Petsos and seconded by Mr.
Hernandez to approve the amended Regular City Council Meeting
Minutes of July 20, 1999. Mr. Hernandez recommended striking "due to
her lack of attendance" from page one, paragraph one regarding the
Commercial Development Board member removal and Mr. Treverton
requested a change on page five to reflect that he would give a report on
City Hall, however not at the following Council meeting.
The motion on the amended minutes passed 4-0, with voting as follows: Mr.
Treverton, For Mr. Hernandez, For, Mayor Pro Tem Petsos, For and Mayor
Randels, For.
ORDINANCES — First Reading
2. <1530> Mayor Randels read Ordinance No. 09 -99 by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING SECTION 34 -186, DISPOSITION OF PROPERTY
REMOVED BY CITY, OF THE CODE OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
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City of Cape Canaveral
City Council Regular Meeting
August 3, 1999
Page 3
A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem
Petsos to approve Ordinance No. 09 -99 for second reading.
Attorney Bennett clarified that this is the disposition of property on private
property. The property in question regards vehicles left on another person's
property, for example at a condominium. Mr. Hernandez questioned
inoperable vehicle at a residence. Attorney Bennett stated that the City could
abate said vehicle as a nuisance, however, he is strictly speaking about
abandoned vehicles.
The ordinance was approved for second reading 4-0 with voting as follows: Mr.
Treverton, For Mr. Hernandez, For Mayor Pro Tem Petsos, For and Mayor
Randels, For.
3. <1866> Mayor Randels read Ordinance No. 10 -99 by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 22,
COMMUNITY DEVELOPMENT, OF THE CODE OF CAPE CANAVERAL,
FLORIDA, BY PROVIDING FOR THE RENAMING OF THE COMMERCIAL
DEVELOPMENT BOARD TO THE BUSINESS AND CULTURAL
DEVELOPMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by. Mayor Pro Tem
Petsos to approve Ordinance No. 10 -99 for second reading.
Mr. Treverton expressed concern with the increased number of members. Mr.
Larry Weber stated that the Board currently has four members with one
alternate due to become a regular member. He noted that the Board's desire
is to encourage more cultural events in the city. Mr. Weber related that the
Board desires more members in order to undertake the additional cultural
projects. Mr. Weber related that the Board requests nine regular members
and no alternates. Attorney Bennett explained that a larger Board requires a
larger quorum, and he did not recommend that Council concurs with a three -
member quorum. Attorney Bennett explained further that a nine member
Board required a quorum of five and three affirmative votes.
The ordinance was approved for second reading 4-0 with voting as follows: Mr.
Treverton, For Mr. Hernandez, For Mayor Pro Tem Petsos, For and Mayor
Randels, For.
4. Mayor Randels read Ordinance No. 11 -99 by title:
City of Cape Canaveral
City Council Regular Meeting
August 3, 1999
Page 4
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 74 -60, TRUCK PARKING, OF
THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE
PROHIBITION OF TRUCK PARKING IN THE CITY EXCEPT IN
DESIGNATED AREAS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Treverton to
approve Ordinance No. 11 -99 for second reading. The motion carried 4-0 with
voting as follows: Mr. Hernandez, For Mr. Treverton, For Mayor Pro Tem
Petsos, For and Mayor Randels, For.
A motion was made by Mr. Hernandez and seconded by Mr. Treverton to
amend Section 74 -60, Truck Parking, to read as follows: "It shall be unlawful
fo any truck weighing 6,000 pounds or more to park anywhere within the City
of Cape Canaveral for more then four (4) consecutive hours where so
posted." The motion carried 4-0 with voting as follows: Mr. Hernandez, For Mr.
Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For.
Mayor Randels clarified that under the current ordinance, a truck weighing
more than 6,000.pounds could not park anywhere within City limits for more .
than four hours unless the property is designated as a transportation facility.
Mr. Treverton related that 6,000 pounds might not adequately differentiate
trucks. Attorney Bennett explained that the previous Building Official
concluded on the 6,000 pound limit after thorough research. Mr. Hernandez
queried if the current ordinance designates where these vehicles can park.
Mayor Randels clarified that the current ordinance prohibits trucks from
parking in undesignated areas for more than four hours. Mayor Pro Tem
Petsos emphasized a proactive stance on this issue and not to create another
enforcement instance. Mayor Pro Tem Petsos suggested that the City
Attorney research posting at the City's entrance. Attorney Bennett amended
Section 74-60, Truck Parking, striking the verbiage after the word "hours" and
inserting "where so posted."
RESOLUTIONS:
5. <3000> Mayor Randels read Resolution No. 99 -16 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA OPPOSING
ANY COST CUTTING METHODS AT NATIONAL LAUNCH RANGES THAT MAY
COMPROMISE PUBLIC SAFETY; SUPPORTING THE RENTENTION OF AN
UPGRADED RANGE SAFETY SYSTEM; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr.
Treverton to adopt Resolution No. 99 -16.
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City of Cape Canaveral
City Council Regular Meeting
August 3, 1999
Page 5
Mayor Pro Tem Petsos expressed that retention of an upgraded range safety
system is crucial to the security of the cities in the surrounding the space
community. The motion carried 4-0 with voting as follows: Mr. Hernandez, For;
Mr. Treverton, For Mayor Pro Tem Petsos, For; and Mayor Randels, For,
DISCUSSION:
6. <3250> City Hall
Mayor Randels clarified for the audience that Mr. Treverton's task is to
research on the possibility of renovating the present City Hall facility. Mr.
Treverton reported on alternative parking for staff adjacent to City Hall. He will
report back to City Council at a future meeting with more information.
REPORTS:
7. <3460> City Manager
• Mr. Boucher reported a local concern in motor vehicle title loan
transactions in which private businesses charge exorbitant fees for a loan.
He request that the Board of County Commissioners address this issue
countywide and that the Space Coast League of Cities create awareness
for cities on this issue.
• Due to the League of Cities dinner, the August 9th budget meeting has
been cancelled.
<Tape 2, 209> Audience
• Mr. Nicholas concurred that the carpet store dumpster problem had been
alleviated but not eliminated.
• Mr. Weber recommended using the emergency light at Jackson Avenue
as a standard traffic light. Mr. Randels stated that such a concept is under
consideration.
• A resident inquired if the Phase Ill Reuse contract has been awarded. Mr.
Boucher responded that bids would be opened on August 9th. Mayor
Randels confirmed for her that the trees were trimmed on Jackson Avenue
• Ms. Kacee Corbin asked about•the status of the Planning Solutions
Incorporated proposal. Mr. Boucher reported that the company is working
on Phases land II of the tasks.
City of Cape Canaveral
City Council Regular Meeting
August 3, 1999
Page 6
City Clerk
• Ms. Stills reported the cost of legal ad publication as well as the cost of
postal charges for sending certified notices to the adjacent property
owners affected by the C -2 zoning district ordinance. Council concurred to
perform both forms of notification. Mayor Pro Tem Petsos queried about
the Blarney Inc. agreement and the necessity to post notice regarding
adoption of the C -2 zoning map. Council withdrew public notices on the
ordinance at this time.
City Attorney
• Recommended a closed session regarding Blarney 67 and the Fairvilla
settlement. Council concurred.
Council Member Hernandez
No report.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos announced that October 23rd is National Make
Difference Day. He noted the need assistance from the Florida
Department of Environmental Protection with Sea Turtle marking before
attempting a send fence project.
• Mr. Petsos also reported on Civility Week, sponsored by the Interfaith
Alliance. Civility Week is based on kindness toward your neighbor. More
information will be forthcoming.
Mayor Randels
• Mayor Randels reported that Mayor Pro Tem Petsos greeted the new
Disney Wonder Cruise ship.
• Mayor Randels reported that he spoke with Principal Joy Salamone
regarding the need for School Crossing Guards.
• Mayor Randels queried about the 22 signs within a six block area for
reclaimed water stating that this is too many signs.
• Mayor Randels reported on a Florida Today article regarding future
development in Avon -by- the -Sea.
• Mayor Randels reported on the lower cost School Resource Officer
contract due to a reduced actual number of students from Cape
Canaveral.
• Mayor Randels expressed concern that Washingtonian trees were topped.
• Mayor Randels queried why trees are not being planted during the wet
season.
• Mayor Randels announced that Northwinds Ministries would provide
computer training.
City of Cape Canaveral
City Council Regular Meeting
August 3, 1999
Page 7
• Mayor Randels reported on alternative fuel vehicles.
• Mayor Randels announced that the Department of Transportation has
approved new florescent green school crossing signs.
• Mayor Randels queried if the City's sign ordinance approved walking
signs.
There being no further business the meeting adjoumed at 9:00 P.M.
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Swan tills, ASSISTANT CITY CLERK
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Rocky Randels, MAYOR