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HomeMy WebLinkAbout03-02-1995 Workshop• CITY COUNCIL WORKSHOP MEETING March 2, 1995 A Workshop Meeting of the Cape Canaveral City Council was held on March 2, 1995, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Porter. ROLL CALL: Mayor John Porter Present Mayor Pro Tem Rocky Randels Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Buzz Petsos Present City Manager Bennett Boucher Present City Attorney Kohn Bennett Present City Clerk Faith Miller Present BUSINESS: 1. Discussion Re: Request from Fire Chief to purchase two (2) ventilation chain saws. Agenda this item for Tuesday. 2. Discussion Re: Request from Fire Chief to secure bids on surplus fire truck. Mr. Dave Sargeant, Fire Chief, explained that he had attempted to no avail to secure a State grant to fund refurbishment of the surplus fire truck. He advised that it cost approximately $3,000 to store the subject vehicle and that it did not meet the standard pump test. He stated that the vehicle was purchased in 1982 and that it had an approximate salvage value of $10,000. Agenda this item for Tuesday. 3. Discussion Re: Ordinance No. 02 -95. Vacating a certain alleyway located within the City. Petitioners - Jim Peeples. Paul & Marcia Fairman (tabled 2/21/95: second and final reading on March 7, 1995). Mr. Boucher explained the revision that had been made to page 2 of the Ordinance which would address the questions Council had regarding the future looping of the water system. Mr. Ed Fleiss commented that there would be a 15' easement through the property which would accommodate any future development to the north of the subject property. Agenda this item for Tuesday. 4. Discussion Re: Ordinance No. 06 -95, Amending City's Code of Ordinances, establishing Section 74 -63, Brevard County's Civil Traffic Infraction Hearing_ Officer Program Adopted (second and final reading on March 7, 1995). Mr. Randels questioned the provision of the Brevard County ordinance which allowed for the "doubling of fines" if tickets were not paid within the allotted time. Council concurred that it • • City of Cape Canaveral, Florida City Council Workshop Meeting March 14, 1995 Page 2 did not want parking fines "doubled" in the event of non - payment. Agenda this item for Tuesday. 5. Discussion Re: Ordinance No. 07 -95. Amending City's Code of Ordinances, Chapter 78. Utilities. by adopting Article IV. Reclaimed Water, providing policies and regulations for installation and use of the reclaimed water system. Mr. Boucher explained that the State of Florida, Department of Environmental Protection (DEP), required for the loan the adoption of reclaimed water regulations. He stated that Council would need to determine the amount of connection and usage fees. Discussion followed regarding the subject fees. Mr. Michael Gluskin, Public Works Director, stated that DEP liked to see fees included in reclaimed water regulations and he referenced the Cape Coral regulations which showed their willingness to collect the fees if needed. Council concurred to change the language related to fees in the Ordinance to provide that the fees would be adopted at a later date by Resolution if needed. Agenda this item for Tuesday. 6. Discussion re: Policy statement regarding assessment of Code Enforcement fines. Mr. Boucher explained the proposed policy regarding the assessment of Code Enforcement fines. Mr. Randels questioned if the task of compiling costs would be prohibitive to the actual return received. Mr. Bennett explained that the violation notice would include a statement that the costs of prosecuting the case could also be assessed against the violator. Mayor Porter expressed his opinion that first time offenders not be assessed costs. Mr. Boucher spoke in favor of treating every case in the same manner and that it was within the Code Enforcement Board's discretion to assess fines. Mr. Nicholas suggested that Council obtain a recommendation from the Code Enforcement Board regarding the assessment of costs. Discussion followed regarding what costs were recoverable. Council concurred to refer the proposed policy to the Code Enforcement Board for its recommendation. 7. Discussion Re: Contract with Brevard County for lifeguard services. Mr. Boucher reported that during negotiations the County had reduced the proposed increase in the contract price to a 5% increase for a projected cost of $11,712. He stated that there was a total of $11,710 budgeted for lifeguard services in FY 94/95. Mr. Randels commented that the proposed contract indicated only two (2) lifeguard stations, no provision for non - payment due to "rain days ", lifeguard services were starting one (1) week later and ending four (4) weeks earlier. Mr. Berger questioned what lifeguard services were considered adequate. Chief Sargeant recounted the progression of this year's proposed lifeguard contract and the County's changes and improvements to their lifeguard services. He stated that the lifeguard services division had • City of Cape Canaveral, Florida City Council Workshop Meeting March 14, 1995 Page 3 been reorganized under the County's Public Safety Department. He stated that the lifeguard stations needed to be located where the crowds were, such as Jetty Park and Cherie Down Park. He stated that the increased costs of the services were not budgeted in a timely manner. Mr. Berger questioned how many lifeguards were located in the County's beaches in "No Man's Land ". Chief Sargent answered that no lifeguard stations were located in the subject area. He commented that the lifeguards served a valuable purpose, but he did not agree with the manner in which the upgrades were budgeted. Mayor Porter questioned which entity actually had responsibility for the beach. Mr. Nicholas asked to see a comparison of what other beach communities were paying for lifeguard services. Council concurred to discuss the issue again at the next regularly scheduled Council workshop meeting. 8. Appeal by Dr. Charles Pindziak (March 7, 1995). Mayor Porter questioned why the appeal on the decision of the City Manager with regard to nuisances such as unmowed lots came before the City Council. Mr. Nicholas stated that the appeal process provided due process. Mr. Bennett clarified that the actual appeal would take place at Tuesday's meeting. Dr. Pindziak asked each member of Council to look at his property on Ridgewood Avenue and compare his lots to those south of Canaveral Sands. He questioned whether or not all residents of the City were being treated equally. Mayor Porter commented on vacant lots that may need to be left in their natural state (hammocks) due to the presence of endangered species of animal and plant life. He questioned whether or not different type of lots should be treated differently as far as City regulations were concerned. Discussion followed regarding the "natural state" of some properties as compared to lots with obvious "nuisances". Chief Sargeant commented that adequate fire breaks were needed between improved and unimproved properties. Mr. Randels stated that some of the larger landowners within the City expend significant funds having their lots mowed 3 -4 times per year. Mr. Leonard Folcarelli commented that when Villages of Seaport was built the developer cleared all of the trees and now the area that had not been developed was just beginning to grow back. Chief Sargeant stated that the City had ordinances in place to protect citizens' properties and the aesthetics of the community. Mr. Gluskin suggested that there may be a way to differentiate between improved and unimproved lots. Mr. Bennett stated that the City's ordinances were applicable to all land within 100' of improved property. Mr. Ken Morgan questioned if the City treated each vacant lot owner in the same manner. Council concurred to schedule further discussion regarding the philosophy of the City's ordinances applicable to nuisances and weeds at a subsequent workshop meeting. Agenda the appeal item for Tuesday. Dr. Pindziak stated that he had received a letter from Nancy Hanson, Recreation Director, • City of Cape. Canaveral, Florida City Council Workshop Meeting March 14, 1995 Page 4 regarding the use of his lots for parking during the upcoming Patriots Day parade. He stated that in the past the City had mowed the lots and he commented that Mrs. Hanson had verbally agreed to mow the lots and Mr. Boucher had denied her request. Mayor Porter expressed that under the circumstances it would not be prudent for the City to mow Dr. Pindziak's lots since it was private property. Mr. Nicholas commented that private property owners paid the City's beautification tax. Mr. Boucher reported that the City could utilize other parcels of land for parking during the parade. Mr. Nicholas left the meeting at this point. Mr. Boucher stated that other property owners were not asking for anything in return for using their property for parking. Dr. Pindziak stated that the City had volunteered the mowing of his lots for the Patriot's Day Parade. Mayor Porter asked for Council's permission to allow he and the City Manager to work together to develop a solution to the parking problems. Council concurred. 9. City Manager's Report. Mr. Boucher asked that Council look favorably upon his request to extend the wastewater treatment plant expansion bid opening to 3:00 p.m. on Wednesday, March 29, 1995. Mr. Boucher stated that the 360' section of Tower Boulevard within the Discovery Bay development had been paved and sodded and that all that needed to be done was install signs and complete the striping. Mr. Boucher announced that three (3) City boards would be setting -up displays at the Patriot's Day Parade and that he had ordered a canopy tent for the Boardmembers to reduce the effects of sun exposure. Mr. Boucher stated that Council had received a copy of a resolution which supported the State in its efforts to clarify public nudity laws. Council concurred not to prepare a similar ordinance. Mr. Boucher reported that he had tried one last time to work with Mr. Applegate regarding the beach easement. He reported that the Port had advised that if the agreement was not signed, then the Port would not be placing any sand on the beach area in front of the Applegate residence. Mr. Boucher announced that the City had been designated a Tree City USA for 1994. Mr. Boucher stated that Council had received a copy of a letter from Paula Collins regarding the upcoming school bond referendum. Mr. Boucher stated that Mrs. Judy Bernstein, Space Coast Private Industry Council, had asked City of Cape Canaveral, Florida City Council Workshop Meeting March 14, 1995 Page 5 that Council consider expressing its support of the Industry Council's programs via a resolution or letter to Senators Mack & Graham and Congressman Weldon. Council concurred to have staff prepare a letter acknowledging the City's first hand knowledge of the programs. Mr. Boucher stated that he had received the preliminary building plans on the library and the plans were in his office should another member of Council wish to review same. Council concurred to place an item on the next workshop agenda to discuss the waiving of permit fees for the library expansion. Mr. Boucher also stated that Council had received performance evaluation forms to be completed for his annual performance review by each member of Council. Mr. Boucher announced that the City Clerk had accepted another position and would be leaving the City as of March 17, 1995. DISCUSSION: 1. Ms. Miller reported on the status of the volunteer applications that had recently been mailed to all citizens and the Volunteer Program in general. 2. Mr. Bennett commented briefly on the proposed development at the north end of the City. 3. Mr. Petsos thanked the owners of Purcell's Distributors for the fencing around the dumpster. 4. Mayor Porter spoke briefly regarding the possibility of evening up the City's boundaries through annexation or other available means. 5. Mayor Porter reported that staffs response to the City's Goals and Action Plan was received and distributed to Council members. Council concurred to schedule discussion regarding the response at the next regularly scheduled workshop meeting. ADJOURNMENT: There ,being n iaspiness, the meeting adjourned at 9:22 P.M. Faith's. City,Clerk J,)