CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

March 1, 2005
7:00 PM

 

MINUTES

 

CALL TO ORDER:

 

ROLL CALL:

 

Council Members Present:

 

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

Assistant City Attorney      Kate LaTorre

City Clerk                          Susan Stills

Public Works Director        Ed Gardulski

Building Official                 Todd Morley

 

PRESENTATIONS:

 

Key to the City to Deputy John Moore for Deputy of the Year

         

Mayor Randels related how on April 7, 2004 Deputy John Moore with disregard to his own personal safety assisted an individual from a building on fire. He presented him with a Key to the City on receiving Deputy Sheriff of the Year for 2004 from the Brevard County Sheriff’s Office. Deputy Moore thanked the City for the acknowledgement and expressed that he enjoyed working for both the City and the Port. Mayor Randels made closing remarks on Deputy Moore’s dedicated service.

 

Key to the City to Judith Kersey for Induction into “The Florida Women’s Hall of Fame”

 

Mayor Randels stated that a Cape Canaveral resident is being inducted into the “Florida Women’s Hall of Fame”. Governor Jeb Bush will make the presentation on March 15th. Mayor Randels related many of her accomplishments and awards in the Engineering industry one of which is that she was the first woman Guidance Systems Engineer at NASA. Ms. Kersey stated that her success is reflective of all women in the engineering community who assist with the programs. She related that in January, 600 girls participated in a Girls’ Induction to Science program. A space camp and a robotics camp will also be conducted during the summer. She informed that Lego League, a contest activity that Mr. Ed Gardulski, Public Works Director helps to judge, is also geared to motivate children in the science field.

 

BOARD INTERVIEWS:    

 

George L. Pestik, Code Enforcement Board

                                       

Mr. Pestik replied to Assistant Attorney Latorre that all information in his application was true and correct to the best of his knowledge. He stated that there was no conflict of interest in his serving on the Board. Mr. Pestik said that he applied due to the notice on the City’s reader board. He said that although he was not thoroughly knowledgeable in Code Enforcement, he was willing to learn the City code in order to perform the job. Mayor Randels explained that the Code Enforcement Officer cites residents when a violation occurs and he would need to take action on City code violations that might affect his neighbors. Mr. Pestik commented that he saw no problem and said that he was new to the area. Mayor Randels concluded that a Resolution to appoint Mr. Pestik to the Board would be on the next City Council Meeting agenda and he thanked him for his interest.

 

Raymond Viens, Code Enforcement Board                       

 

Mr. Viens replied to Assistant Attorney Latorre that all the information in his application was true and correct to the best of his knowledge. He stated that there was no conflict of interest in his serving on the Board. Mr. Viens stated that he has been in the Construction industry in various capacities throughout his lifetime. He has been a resident of Florida for 22 years and a resident of Cape Canaveral for 3 years. He brings his experience in the industry to the Board. He also applied to the Board due to the notice on the City’s reader board. 

 

CONSENT AGENDA:

 

1.       City Council Regular Meeting Minutes of February 15, 2005.

 

2.       Proclamation for Irish American Heritage Month.

 

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

 

No request was made to remove an item for discussion.

 

A motion was made by Mayor Pro Tem Hoog  and seconded by Mr. Morgan 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.

 

CONSIDERATIONS:

 

3.       Motion to Approve:  Grant Agreement with the Florida Department of Environmental Protection in the Amount of $263,402.

 

Mr. Ed Gardulski, Public Works Director, stated that it has been the goal of the City to be first in the State to treat all of its stormwater. He said that two baffle boxes have already been installed: one at International Drive and the other at Central Blvd.

 

A motion was made by Mr. Petsos and seconded by Mr. Miller to Approve the Grant Agreement with the Florida Department of Environmental Protection in the Amount of $263,402.  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.

 

4.       Motion to Approve:  Appointments to the Brevard Water Supply Board.

 

Mayor Randels explained that this request came from the Water Supply Board for an annual appointment. Mayor Pro Tem Hoog expressed the need for the Board in light of possible reuse water regulation. Council members agreed to keep the representation as it stood. Mayor Randels directed the City Clerk to notify Mr. Martin and inform him that Mayor Pro Tem Hoog would serve as the regular member and Mayor Randels would serve as the alternate member.

 

No motion was made.

 

5.       Motion to Approve:  Bid No. 05-01, Drainage Improvements for the Installation of Stormwater Baffle Boxes.

 

Mayor Randels read the bid events timeline. In conclusion, twelve bid packets were distributed and three firms attended the pre-bid meeting. Gregori Construction, Inc. was the sole bidder. Mayor Randels stated that staff performed the background checks and found the firm reputable. Mr. Gardulski introduced Mr. Jeff Ratliff as the new Stormwater Coordinator. Mr. Ratliff introduced Mr. Dale Mudrak as the Contract Manager for Gregori Construction located in Christmas, Florida. Mayor Randels inquired when all three boxes would be installed. Mr. Mudrak replied that the contract is established for 90 days and set to begin on April 1, 2005.

 

A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog  to Approve Bid No. 05-01, Drainage Improvements for the Installation of Stormwater Baffle Boxes in the Amount of $307,597.50 for the Holman Road, Center Street and West Central Blvd. Baffle Boxes. 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:

 

6.       Motion to Adopt:  Resolution No. 2005-07; Opposing the Board of County Commissioners of Brevard County Action to Impose Additional Requirements on Voluntary Annexations; Supporting Current Negotiations for Joint Planning Agreements.

 

Mayor Randels read Resolution No. 2005-07 by title.

 

A RESOLUTION OF THE CITY OF CAPE CANAVERAL OPPOSING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY ACTION TO IMPOSE ADDITIONAL REQUIREMENTS ON VOLUNTARY ANNEXATIONS; SUPPORTING CURRENT NEGOTIATIONS FOR JOINT PLANNING AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

Mr. Boucher explained that there is a newly formed countywide Growth Management Committee that will oversee how growth regulations will be applied from one city to the next.  He related that County Attorney Scott Knox is working on additional information at the request of the Board of County Commissioners for a Charter Amendment to establish a different methodology other than what is outlined in the Florida Statutes for annexations within Brevard County. Staff is currently working on definitions for affected persons who could be included within a referendum prior to an annexation becoming effective. The report would not reach the Board any earlier than March 22nd. The proposed changes would require a voluntary annexation to become subject to electoral referendum in the County for action. Mayor Randels concluded that the State provides for voluntary annexations.

 

A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Resolution No. 2005-07. 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.

 

DISCUSSION:

 

7.       Amending Chapter 110, Granting the City Council Final Decision-Making Authority Regarding Site Plan Applications.

 

Mayor Randels noted that the City Attorney’s office provided a draft ordinance to amend Chapter 110 and would grant the City Council final decision making authority on site plan applications. Mr. Petsos remarked that the draft ordinance was clearly articulated and recommended forwarding it to the Planning and Zoning Board for review. Mr. Morgan concurred. Mayor Randels inquired about the eliminated language on the appeal process. Assistant Attorney Latorre replied that the new provision (K) on page 5 states that the applicant would proceed to judicial review if an appeal were desired after City Council’s review. Council directed the Planning and Zoning Board to review the draft ordinance.

 

REPORTS:

 

1.               City Manager

·                  Mr. Boucher announced the establishment of a Peacock Management Plan. He outlined that the suggestion is a Peacock Management Board with defined rules and bylaws. Mr. Boucher asked if the Council desired a standing Committee or a formal Board. Mr. Boucher replied to Mr. Morgan that the Board would consist of interested parties. Mr. Morgan and Mayor Pro Tem Hoog suggested a cross-section of members on the issue in order to gain input from both sides. Mr. Boucher said that the Committee meets under Sunshine Law and there are minutes of the February 16th meeting. Mr. Morgan emphasized that the Committee needs to make fair representation. Mr. Boucher replied to Mr. Lamar Russell that the first Committee meeting was held at City Hall in the City Manager’s office. Council thanked the City Manager for his efforts and concluded that that the Committee needs to represent an equal number of members from both sides of the peacock issue.

·                  Mr. Boucher related that Ms. Bea Fowler, School Board District Representative, inquired if the City Council were interested in participating in the Cocoa Beach Junior-Senior High School Principal selection. She also asked if they were in favor of community input. The City Manager will forward a letter expressing Council’s favor of community participation.

·                   Mr. Boucher announced the Manatee Sanctuary Park Grand Opening on Saturday, March 5th at 11:00 A.M. He encouraged all to attend.

·                  Mr. Boucher related that in response to the Emergency Management Services issue, he submitted building activity to the County. He, Chief Sargeant and the Building Official will meet with the County for discussion on growth projections.

 

2.         Staff   

 

Public Works Director

·                  Mr. Gardulski stated that he is working on grant applications with FEMA.

·                  Mr. Gardulski informed that Public Works received the sand fences equipment.

·                  Mr. Gardulski also informed that the displaced workers program is phasing out as they reach their time limitations.

 

City Clerk

·                  No report.

 

Assistant City Attorney

·                  Assistant Attorney Latorre related that the Planning and Zoning Board would review the Oak Park site plan application. She stated that the letter she submitted to the Council provided the following options should another situation such as this occur:  1) to amend the City’s code authorizing revocation of site plan approval if based on false or misleading testimony, and 2) to enter into an Interlocal Agreement with Brevard County regarding curb cut permits. The County provided a curb cut permit prior to site plan approval.  Mr. Boucher stated that the County provides no formal review when granting curb cuts. He replied that the Traffic Consultant would attend the March 15th City Council meeting to discuss options. Mr. Gardulski replied to Mayor Randels that he and the State office work cooperatively on similar curb access planning on State Road A1A. Mr. Boucher concluded that the County Office is in a management transition at this time.

 

AUDIENCE TO BE HEARD:

 

·                  Mr. C.T. Sless of 202 Caroline Street addressed the Council regarding the Golden Gate condominium complex. He requested an easement through a City park to again access to a proposed parking area on the condominium property. Mr. Boucher recommended that Mr. Sless meet with the Building Official on this matter.

·                  Mr. Leo Nicholas asked if the traffic consultant would have the North Atlantic Avenue study prepared by March 15th.  Mr. Boucher said that he would distribute the report as soon as it is prepared.

 

3.         City Council

 

Mr. Petsos

·        Mr. Petsos reported that on February 19th City volunteers successfully planted 3,000 sea oats.

·        Mr. Petsos thanked the City Attorney for his research on the Stop Sign issue and informing the County that the City does have control of local roads.

·        Mr. Petsos inquired about School Crossing Guards during the summer in light of Dr. DePatri’s request on February 2nd. Mr. Boucher replied that the City has two available guards.

·        Mr. Petsos related on the proposed Sand Fence Project and said that he would solicit community involvement from the Patrick Air Force Base and the Navy for a possible contest between the two to install the fences.

·        Mr. Petsos related that a resident inquired about the criteria on City Key presentations. Mayor Randels replied that Keys are presented for meritorious events in the City. Mr. Boucher explained that the Mayor presents small keys, for example to the Jazz fest at the Radisson Resort, when he attends activities on behalf of the City. Mr. Petsos suggested that Council members be informed prior to a City Key presentation.

 

Mr. Miller

·                  Mr. Miller inquired about the status of the Cape View Elementary School proposed playground. Mr. Boucher replied that he had the consent of the facilities and a joint-use agreement remained. Mayor Randels replied to Mr. Petsos that the City did not yet have a response from the County Commissioner for playground equipment. He explained that the School Board agreed to the playground with the condition to provide fencing around the perimeter. Mayor Randels concluded that the City would work cooperatively with the County to secure playground equipment.

 

Mr. Morgan

·                  No report.

 

Mayor Pro Tem Hoog

·                  Mayor Pro Tem Hoog announced the upcoming Legislative Day on March 31st.

·                  Mayor Pro Tem Hoog announced the School Summit on March 4th.

·                  Mayor Pro Tem Hoog expressed appreciation on the City’s appearance.

 

Mayor Randels

·                  Mayor Randels reported that the Cape View Student Council Government raised $733 for Save the Children, a fundraiser for tsunami victims.

·                  Mayor Randels noted that Cape Canaveral Code Enforcement is a featured news section in the Hometown News.

·                  Mayor Randels thanked the Public Works Director for his monthly status report on department projects.

·                  Mayor Randels announced that the City was chosen for the 16th year as a Tree City Award winner.

·                  Mayor Randels announced the Mayor Pro Tem Hoog would represent the City at the School Board Summit.

·                  Mayor Randels announced that the Business and Cultural Development Board would hold a Professional Art Show at the Cape Canaveral Library on March 11th and 12th.

·                  Mayor Randels announced that Brevard County ranks 13th out of 317 in the United States with a 4.8 percent employment increase from March 2003 to March 2004.

·                  Mayor Randels shared a humorous photo in the Florida Technology Transfer Quarterly where the County painted over an armadillo on the highway with a description that read, “Details, Details, Details.”

 

ADJOURNMENT:

 

There being no further business, the Chair adjourned the meeting at  8:35 P.M.

 

 

 

                                                                      ________________________________

                                                                      Rocky Randels, MAYOR

 

 

________________________________
Susan Stills, CITY CLERK