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HomeMy WebLinkAbout09-21-1999 Regular Meeting1 1 1 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. 1 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. 1 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 1 Cape Canaveral City Council Regular Meeting September 21, 1999 Page 7 • 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. 0 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