HomeMy WebLinkAbout09-21-1999 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 21, 1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:,
ROLL CALL: Council Members Present
Richard Treverton
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Member Absent
Tony Hernandez
Others Present
City Manager, Bennett Boucher
.City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
Building Official, Dennis Franklin
PROCLAMATIONS:
National Pharmacy Week
Read and presented by Mayor Pro Tem Buzz Petsos and accepted by Cathy
Petsos, thanking Council for recognizing National Pharmacy Week. She also
announced the November 10th Health Fair. She will be there for drug counseling.
Civility Week
Read and presented by Mayor Randels and Mayor Pro Tem . Petsos. Accepted by
Mary Dexter and Judith Robertson of the Interfaith Alliance who came up with the
idea explaining that it came from the Columbine tragedy. As an exercise, students
wrote papers on their ideas about civility. Brownie Scout leaders Cathy Petsos,
and Cheryl Budesa introduced twenty -five Scouts who were present in
acknowledgement of their activities in Civility Week. The girls said the scout honor
aloud and in sign language.
Mayor Randels recognized Bill Eppley for his publicized harmonica playing.
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Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 2
CONSIDERATIONS:
1. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve
the City Council Regular Meeting Minutes for September 7, 1999. The
motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For
Mayor Pro Tem Petsos, For; and Mayor Randels, For.
ORDINANCES — First Reading:
1. Mayor Randels read Ordinance No. 12 -99 by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING THE PERSONNEL POLICY OF THE CITY OF CAPE
CANAVERAL; 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. Bruns to approve
Ordinance No. 12 -99, effective January 1, 2000, for second reading. Kenneth
Veenstra, expressed that to give up birthdays is non - negotiable. Mayor Pro
Tem Petsos explained that this is to align with most cities. City Manager
Boucher stated that there are holidays that are important, family holidays
could suffer. Council concurs to vote on first reading and take a poll from
employees on exchanging the employee birthday for Veterans Day. The
motion passed 4-0 with voting as follows: Mr. Bruns, For Mr. Treverton, For;
Mayor Pro Tem Petsos, For and Mayor Randels, For.
RESOLUTIONS:
3. Mayor Randels read Resolution No. 99 -19 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO
THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns
to adopt Resolution 99 -19 appointing Jacqueline Coates to the Business and
Cultural Development Board with a term to expire on June 1, 2001. The
motion passed 4 -0 with voting as follows: Mr. Bruns, For Mr. Treverton, For
Mayor Pro Tem Petsos, For and Mayor Randels, For.
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Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 3
2. Mayor Randels read Resolution No. 99 -31 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS AND APPOINTING ONE REGULAR
MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE
A motion by was made by Mr. Bruns and seconded by Mr. Petsos to
reappoint Robert Laws and Earl McMillin and to appoint Marilyn Rigerman to
the Board of Adjustment with terms,to expire on October 1, 2002. City
Council commended Mrs. Thurm on her past service to the Board. The
motion passed 4-0 with voting as follows: Mr. Bruns, For, Mr. Treverton, For
Mayor Pro Tem Petsos, For and Mayor Randels, For.
3. Mayor Randels read Resolution No. 99 -32 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns
to reappoint Carol Warner, Donna Boone and Charles Biederman to the
Code Enforcement Board with terms to expire on October 1, 2002. The
motion passed 4-0 with voting as follows: Mr. Bruns, For Mr. Treverton, For
Mayor Pro Tem Petsos, For and Mayor Randels, For.
4. Mayor Randels read Ordinance No. 99 -33 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tem
Petsos to reappoint Geraldine Vavrek to the Library Board with a term to
expire on October 1, 2001. The motion passed 4-0 with voting as follows:
Mr. Bruns, For Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor
Randels, For.
5. Mayor Randels read Resolution No. 99 -34 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 4
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns
to reappoint John Dattilo, Marianne Kulac, Regina Mead and Richard
Thurm, Jr. to the Recreation Board with terms to expire on October 1, 2001.
The motion passed 4-0 with voting as follows: Mr. Bruns, For Mr. Treverton,
For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
7. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos
to adopt Resolution No. 99 -35, the Cape Canaveral Volunteer Fire
Department Contract and addendum. Council commended the Fire
Department for their extended services, especially during emergency
situations such as the recent storms The motion passed 4-0 with voting as
follows: Mr. Bruns, For Mr. Treverton, For; Mayor Pro Tem Petsos, For and
Mayor Randels, For.
8. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns
to adopt Resolution No. 99 -36, Florida Recreation Development
Assistance Program Grant, City Park. The motion passed 4-0 with voting
as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For
and Mayor Randels, For.
DISCUSSION:
9. Redevelopment Plan Update
Mayor Randels and City Manager, Bennett Boucher, explained that the
board has worked on the re -write for a couple of years and were amazed
at their accomplishments. The plan was implemented, goals met, and new
ones set. Mr. Petsos requested the underlined and strikeout document to
show accomplishments and new goals. Larry Weber, Board Member
explained that the plan is an instrument for the future.
Consensus was to place the Redevelopment Plan Update on the next
agenda for approval.
10. Proposed County -Wide Ordinance Regulating the Title
Loan Industry
City Manager, Bennett Boucher explained that this is a county ordinance
that will provide the City an ability to opt in or out. Mayor Randels
explained that the ordinance would establish a maximum amount of
interest that agencies can impose when giving cash for a car title.
Consensus was to support the ordinance. City Attorney, Kohn Bennett,
stated that the City would only need an action item if the city wanted to opt
out. Mr. Treverton reported that he had spoken to someone in the
industry, as well as Jerry Sales, a local pawnbroker. He related that Mr.
Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 5
Sales said he would not want to be in the title-for-cash business because
it is complicated. On the other hand, it is a service convenient for certain
people. Mr. Treverton related that opinion is that imposing a two and one -
half percent maximum interest rate would put those people out of business
and take away the service to those people who want it. Mr. Bennett stated
that this type ordinance has been passed in a lot of areas and the
businesses still exist. Mr. Treverton queried if the percentage rate could
be reconsidered? Mr. Boucher stated that he would send a letter in
support of the ordinance, and request soliciting information on the
percentage issue before it is adopted to hear and consider the concerns of
the industry.
11. Manatee Protection Plan Marina Siting Criteria
Mayor Randels explained the proposed options, and referred specifically
to the City of Cocoa's opinion. Mayor Pro Tem Petsos recommended that
the City support the City of Cocoa's position. Mr. Boucher explained that
the manatee protection plan was approved in 1997. Now, communities
believe it is hurting the riverfront industries. Mr. Petsos clarified that cities
are asked to endorse the 1997 plan or one similar to the City of Cocoa
proposal. Mr. Bennett related that this issue goes much further than
marinas, it affects residential docks and boat slips. He stated that careful
consideration should be given because there is a lot of public opposition.
Mr. Treverton requested to have someone make a presentation on the
issue, such as a boating club representative. Mr. Bennett stated that all
Council Members take a boat ride by powerboat to•get an understanding
of what has been done. He analogized that it is more stop and go on the
river than south beach at spring break. There is no rhyme or reason of
continuity to the current regulations. He opined that the county has been
trying to institute something to get a plan developed. Mr. Boucher
explained that pages 8 -17 are the only area the County is requesting
feedback for change. They want input on the marina siting only. City
Attorney, Kohn Bennett reiterated that this plan is to regulate new marinas
and expansion of existing marinas. Consensus was to support the City of
Cocoa's idea.
REPORTS:
12. City Manager— Bennett Boucher
• Commended staff for extra work during the storm and recovery afterward.
He related that staff worked hard and are tired, but have done well.
• Sheriffs contract will hopefully be on the next agenda.
• Mayor Randels requested special recognition for all employees who worked
during the storm. Consensus was to have a weekday barbecue, inviting the
Fire Department and Canaveral Precinct.
Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 6
• Mr. Boucher requested a draft of the countywide sign code for Council's
review and feedback. He queried if Planning and Zoning should review the
document first? Consensus was to pursue the issue, just maintaining that
the City can be more restrictive than the county.
• Mr. Boucher reported that the cost for 50/50 cotton/ and polyester. Council
concurred to purchase the shirts with the City seal logo embroidered.
• Public Works Director, Ed Gardulski has a meeting with the FDOT for a
grant application next week.
• The storm drain pipeline company returned today. Ridgewood and other
trouble spots are being checked. He reported that a lot of the manholes are
blocked and are being cleaned.
AUDIENCE TO BE HEARD:
• Mayor Randels queried if the City could mulch Flossie Staton's branches
that were blown down during the storm? Council concurred if the mulch is for
the City's use.
• Representatives from Canaveral Sands were present requesting when the
reuse extension contract is it due. Mr. Boucher reported that the bid award
should be on the first meeting in October agenda.
• Mr. Larry Weber, resident queried if further information has been received on
installing a traffic light at International Drive? Mr. Gardulski responded that
nothing has been heard yet. However, it is listed in the MOP, and the City is
still pushing. He welcomed Mr. Weber to attend the meeting with him.
• Building Official, Dennis Franklin announced that Morris Reid has been hired
as building inspector/ plans examiner.
Council Member Treverton
• No report.
Council Member Bruns
• Collier Co. update — Mr. Boucher responded that an interim report should be
received by the next meeting.
• Mr. Bruns commended Fire Chief, Dave Sargeant for his editorial response
about unsolicited donations for the Cape Canaveral Volunteer Fire
Department.
Mayor Pro Tem Petsos
• Mr. Petsos queried where the sand in the streets goes? Is it reclaimed or too
full of trash? Mr. Gardulski responded that the sand could be used on
construction projects. Mr. Petsos stated that Americorp sifts through that
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Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 7
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type of sand. He opined that the City might stock pile the sand and have
volunteers sift through it.
Mr. Petsos queried if the City has filed claims with FEMA? Mr. Boucher
responded that claims would be filed. Mr. Petsos queried if the City could
submit the sand fencing that got blown down? Mr. Boucher stated that he
spoke to the FDEP person again and she said, we are permitted for current
fences. If the fence gets buried, we are required to pull the fence out. Mr.
Gardulski is researching for the permit.
City Clerk - Sandra Sims
• Ms. Sims reported that four candidates have qualified: C. William Barnes,
Jim Morgan, Buzz Petsos and Larry Weber. Mr. Petsos queried if a
candidate form could be held and sponsored by the City.
City Attorney - Kohn Bennett
No report.
Mayor - Rocky Randels
• Mayor Randels shared an article from the Orlando Sentinel that was
delivered by Ms. Jackie Coates noting that Orlando is dealing with the same
underground utilities issue with FPL.
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Mayor Randels reported that the City was voted as having one of the most
successful advertisements in the Quality Cities Magazine.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:50 P.M.
Rocky Randels, MAYOR