CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

January 4, 2005
7:00 PM

 

MINUTES

 

CALL TO ORDER:

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL:

 

Mayor Pro Tem                 Bob Hoog

Council Member                Steve Miller

Council Member                Jim Morgan

Council Member                Buzz Petsos

Mayor                               Rocky Randels

 

OTHERS PRESENT:

 

City Manager                    Bennett Boucher

City Attorney                     Anthony Garganese

City Clerk                          Susan Stills

City Treasurer                   Andrea Bowers

Public Works Director        Ed Gardulski

Todd Morley                      Building Official

 

INTRODUCTIONS:

 

Commander Doug Scragg introduced himself as Cape Canaveral’s new precinct chief
and gave a brief review of his law enforcement experience. He stated that he served with three Sheriffs to date and that his work ethic is one of customer service. He also introduced Lt. Alan Moros. Mayor Randels informed that Mr. Boucher is his chief point of contact and that the Council would provide the necessary equipment for their staff to perform their duties. Mr. Petsos related his desire to see increased Community Policing and more law enforcement interfacing with the community especially in the area of drug trafficking regulation. Commander Scragg stated that both he and Lt. Moros worked in a Narcotics Unit and they intended to make a difference in the community.

 

Lt. Alan Moros related his experience and said that he looked forward to working in the Canaveral community. Mr. Leo Nicholas asked for details regarding the incident at 408 Adams Avenue. Commander Scragg explained the scenario as a stabbing at that address in which the victim expired during transport.  Law enforcement was in pursuit of a suspect and he stated that this was not a random act of violence. Council thanked the Commander for his input.

Mayor Randels introduced Mr. Bill Eppley who played several selections on his harmonica. Mr. Eppley performs regularly at the local Publix Supermarket on State Road 520 and Courtenay Parkway. Mr. Eppley donates all of his funds to benefit the Make A Wish Foundation.

 

PRESENTATION:            

 

Commander George McGee was unavailable at this time for the presentation.

 

CONSENT AGENDA:

 

1.               City Council Regular Meeting Minutes of December 7, 2004.

 

2.               Resolution No. 2005-01; Appointing One Alternate Member to the Business and Cultural Development Board (J. Anderson).

 

Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion.

 

A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

 

Mayor Pro Tem Hoog stated he would not support Item No. 3 on the Consent Agenda. Mayor Randels removed Item No. 3 for discussion.

 

3.       Resolution No. 2005-02; Appointing an Alternate Member as a Regular Member to the Code Enforcement Board (L. Holfve).

 

Mayor Randels read Resolution No. 2005-02 by title.

 

A RESOLUTION APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

 

Mayor Pro Tem Hoog expressed his concern with Mr. Holfve’s lack of U.S. citizenship and his serving on a quasi-judicial Board that directs the actions of citizens. He also related how Mr. Holfve had conflicting verifications regarding his education. Attorney Garganese stated that the Council has the discretion to make Board appointments. Mayor Pro Tem Hoog said that he had no problem with Mr. Holfve as an individual but restated his concern that Mr. Holfve was not a U.S. citizen and serving on a quasi-judicial Board and he would not support the appointment. Mr. Petsos recalled that the City Attorney had previously said that the way the law was written required the Council to approve Mr. Holfve as a member or has the law changed and approval is now at the Council’s discretion. Attorney Garganese said that he did not believe that required approval to be his opinion. Mayor Pro Tem Hoog also related that he learned through other sources that Mr. Holfve’s degree did not equate to a Bachelors of Science degree.

 

Mr. Nicholas asked when Mr. Holfve’s term expired. The City Clerk stated that he received a letter regarding his term expiration this year. Mr. Nicholas stated that he is currently not a member of the Board and this action would constitute a different appointment in that it would designate him a regular member. Mayor Randels clarified that Council Members received a letter in their packets asking Mr. Holfve if he desired to serve as a regular member to the Board and Mr. Holfve checked his agreement to serve. Attorney Garganese stated that Council’s decision would make him a regular member appointment. Mr. Boucher asked the City Clerk if there were any other alternate members. Ms. Stills stated that Mr. Holfve was the only alternate member at this time.

 

Mr. Petsos asked if the applicant had any input for the Council. Mr. Holfve related that someone forwarded an E-mail to the University of Sweden making inquiry into a graduating year of 1974 when he had graduated in 1965. Mr. Holfve stated that he had 18 years of education by United States comparison. He related that he has served on the Code Board up to this date however he had no compelling reasons to become a citizen. He stated that he entered the United States under a permanent resident status law that has since changed. He still has the responsibilities of paying taxes and registering for the draft, however, he could not seek the office of U.S. Senator or President. Mayor Pro Tem Hoog expressed that Mr. Holfve did not have the right to make decisions over citizens when he himself was not a citizen. Mayor Randels concluded that the decision of the Council would be a judgment decision.

 

A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Resolution No. 2005-02 to Appoint An Alternate Member as a Regular Member of the Code Enforcement Board. The vote on the motion failed 4-1 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Miller, Against; Mr. Morgan, Against; Mr. Petsos, Against and Mayor Randels, For.

 

CONSIDERATIONS:

 

4.       Motion to Approve:  Cooperative Purchase with City of Orlando, Sanitary Sewer Lining and Manhole Repair; Griner’s Pipeline Services, Inc.

 

Mayor Randels stated that this item is for budgeted repairs on the City’s sewer system. The purchase is part of a cooperative bid with the City of Orlando. Mayor Randels named the planned streets as: Washington, Adams, Jefferson, Monroe, Jackson, Pierce and Buchanan Avenues and some on Holman Road. Mr. Walter Bandish, Assistant Public Works Director, stated that this project is for slip-lining the sewer system that would decrease infiltration at the plant. Mayor Randels explained infiltration as seepage into the sewer system and slip lining would prevent groundwater infiltration. Mr. Bandish explained that the project would address the streets identified for repair when the lines were televised and would also control costs. Mayor Randels remarked that the Orlando bid packet calls for a “living wage” that pays $8.50 for labor and questioned if such language could be applied to future bid packets. Mr. Gardulski responded that the language was used on the State Road A1A project.

 

A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve a Cooperative Purchase with the City of Orlando, Sanitary Sewer Lining and Manhole Repair; Griner’s Pipeline Services, Inc. in the Amount Not to Exceed $92, 000. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

 

5.       Motion to Approve:  Capital Equipment Contract Amendment Requested by the Sheriff’s Department.

 

Mr. Boucher asked to remove the Item from the Agenda in that Commander Scragg requested the opportunity to review the request.

 

Item 5 was removed from the Agenda.

 

6.       Motion to Approve: A Hold Harmless and Indemnification Agreement between Cape Caribe, Inc and the City of Cape Canaveral.

 

Mayor Randels explained that the Code Enforcement Board enacted a Board Order to compel Cape Caribe, Inc. to come into compliance providing that they enter into a Hold Harmless Agreement. Mr. Todd Morley, Building Official, stated that the sign extended into the site visibility triangle. The sign was permitted due to erroneous information. He also stated that the sign is too large for that zoning district based on unclearly communicated information. Mr. Morley read from the Code Enforcement meeting minutes, “A motion was made and seconded to find the case in violation and be given until October 21, 2005 to come into compliance, with the indemnification and hold harmless agreement and recommends the City to find a way to work with the owner to rectify the violation with the least amount of hardship.” Mr. Morley replied to Mayor Pro Tem Petsos that the property lines were not correct and the size was not properly conveyed. He stated that the Inspector did not observe the overall size during the footing inspection. Mr. Morley stated that the error was identified during the final inspection. Attorney Garganese stated that the Code Board Order conforms and the Hold Harmless Agreement is also to form. Mr. Leo Nicholas inquired for the record that the Agreement does not absolve Cape Caribe, Inc. from correcting the problem. Mayor Randels responded that under the terms of the Agreement, Cape Caribe has up to one year to come into compliance.


A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve a Hold Harmless and Indemnification Agreement between Cape Caribe, Inc. and the City of Cape Canaveral. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

 

RESOLUTIONS:

 

7.       Motion to Approve: Resolution No. 2005-03; Review of Annual Sewer Rates.

 

Mayor Randels read Resolution No. 2005-03 by title.

 

          A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE SEWER RATES, PROVIDING NOT TO IMPLEMENT A 3% SEWER RATE INCREASE FOR 2005, AS PROVIDED FOR IN CHAPTER 78 UTILITIES ARTICLE III, SECTION 78-152 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.

 

Mayor Randels noted that this was the third year that the City has not raised the sewer rates. Mr. Boucher reminded Council that the City Treasurer used the sewer rate model to gauge progress and will use another rate model for the next five years of operations. Mr. Gardulski related that the new bleach system was operational and would lessen the risks that the chlorine gas system presented.

 

A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Resolution No. 2005-03; Review of Annual Sewer Rates. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

 

REPORTS:

 

1.               City Manager

·                  Mr. Boucher thanked the City Clerk for assisting him with City management during the holiday season.

·                  Mr. Boucher thanked Public Works for their clean-up, decorating and beautification efforts through the holiday season.

·                  Mr. Boucher announced that the Code Review Workshop is on January 13th at 6:00 P.M.

·                  Mr. Boucher reported on Palm Bay’s intent to separate from the Brevard County Emergency Response System. Chief Dave Sargeant requested to speak to the Council at the next meeting.

·                  Mr. Boucher announced that the Sand Re-nourishment project would begin in February and should conclude by May 1st. before turtle nesting season begins. Mr. Petsos suggested using the Displaced FEMA Workers to install another row of Sand Fencing.

·                  Mr. Boucher reported that Jeffrey Ratliff former Code Enforcement Board member was hired as the new Stormwater Administrator with Public Works.

 

2.               Staff

 

Public Works Director

·                  Mr. Gardulski announced that Sea Oats planting is forthcoming.

 

City Treasurer

·                  No report.

 

Building Official

·                  Mr. Morley announced that the department issued Certificates of Occupancy for the Bayside Development.

·                  Mr. Morley also announced that permits were ready for the Oak Park development between the Villages of Seaport and Shorewood Drive.

·                  Mr. Morley announced vacancies on the Code Enforcement Board.

 

 

City Clerk

·                  Ms. Stills informed of a meeting on the following day to coordinate information for the Council to review space options for the facilities plan on the existing City Hall block. Mr. Petsos added that closing some of the roads for a campus effect was also once an option.

 

City Attorney

·                  No report.

 

AUDIENCE TO BE HEARD:

 

·                  Mr. Leo Nicholas recommended that the Council request an annual written evaluation of the Sheriff’s Office in order to submit the Council’s collective concerns in light of a $2 million contract. Council members agreed that a workshop could be planned for one month from the transition in order to hear their observations and to provide direction. Mr. Boucher replied that the new Commander was instructed to review the standards within the original contract.

·                  Representatives of the Discovery Bay Homeowners Association requested reclaimed water line installation. Mayor Randels explained that two valves were installed at the entrance of Thurm Blvd. however the street is not a City street. Mr. Morgan stated that there is nothing that prevents the City from creating an easement to allow the reuse line. Mr. Gardulski explained that the contractor would send the Homeowners’ Association President pricing information on a two-inch loop and a four-inch loop. Mr. Boucher clarified that the Attorney General Opinion states that in order to expend taxpayers’ money the City would need a public purpose. Attorney Garganese stated that a special assessment could be applied. Mr. Boucher would research cost and find out if a special assessment could apply or if public utility easements were available. Mr. Petsos suggested seeking a grant in that they are a private group looking toward beautification and conservation measures. The Association members thanked the Council for opening a dialogue on the issue.

 

3.         City Council

 

Mr. Petsos

·                  Mr. Petsos asked if there were any interest in obtaining an impact fee study. Mr. Morgan suggested staff review the issue first. Ms. Bowers replied that a Request for Proposal is planned for a sewer rate study and as Mayor Randels suggested, she could add an impact fee study to the specifications as well.

·                  Mr. Petsos asked Mayor Randels for the results of his meeting with the County Commissioner. Mr. Randels reported on the meeting that took place on December 29th as follows:

o       Beach restoration

o       Annexation reform and

o       Reform the State Statutes restricting the fireworks sales

o       General revenues from the Municipal Services Taxing Units [MSTU] on
North Ridgewood Avenue, and

o       Resort rentals

Mayor Randels said that he also questioned the Commissioner on the impact of Palm Bay separating from the Emergency Response System and learned that a Mediation Meeting is scheduled for January 14th at 2:00 P.M.

 

Discussion followed on the desire to see more County MSTU funding used in the City.

·                  Mr. Petsos requested two additional stop signs on Ridgewood Avenue. Mayor Randels expressed Council’s consensus to add two stop signs on Ridgewood Avenue specifically on Madison and Taylor Avenues.

 

Mr. Miller

·                  No report.

 

Mr. Morgan

·                  No report.

 

Mayor Pro Tem Hoog

·                  Mayor Pro Tem Hoog stated that two years ago he met with the School Board on utilizing Cape View Elementary School playground as an additional park. He requested that the City Manager meet with Ms. Sharon Horton, School Principal, for discussion on using the playground. Mr. Boucher replied that funding might be the obstacle. Since grant funding is minimal, he intended to have the Recreation Director look into development costs. Mayor Pro Tem Hoog explained that securing the area and finding equipment were his main concerns.

 

Mayor Randels

·                  Mayor Randels reported that the Cape Canaveral Precinct distributed gifts to over 200 children and received cash donations in the amount of $5,900. He also reported that 25 Christmas dinners were supplied to needy families.

·                  Mayor Randels announced that April 16th is the Annual Trash Bash and Great American Clean-Up and he encouraged more participation.

·                  Mayor Randels related a thank you to the City from the Central Brevard Sharing Center for the generous food donation.

·                  Mayor Randels reported that the properties of 432, 434, 436, 438 and 440 Grant Avenue request Annexation. Mr. Boucher expressed concern with annexing parcels that would create discontinuity.

·                  Mayor Randels announced that Mrs. Judith Kersey was inducted into the Florida Women’s Hall of Fame for her 36 years of career experience in the Engineering field.

·                  Mayor Randels announced that the Florida League of Cities would like to publish an article on the City’s Portuguese visit as part of an International Relations feature. He forwarded the request to the City Manager.

·                  Mayor Randels reported that action was needed again in order to control the peacock population in the City. Discussion followed on humanely transporting the peacocks to a farm environment.

 

ADJOURNMENT:

 

There being no further business, the Chair adjourned the meeting at 9:00 P.M.

 

                                                                      ________________________________

                                                                      Rocky Randels, MAYOR

 

________________________________
Susan Stills, CITY CLERK