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					                                                    COUNCIL MINUTES
                                                    FEBRUARY 2, 2000

Pursuant to Public Notice, Mayor Schechter convened a regular meeting of the City
Council on Wednesday, February 2, 2000, at 7:30 p.m. in Council Chambers. Those
present were Mayor David R. Schechter, Vice-Mayor Merrily Longacre, Councilman
Bob Bolin, Councilman Bill Furlong, City Manager Michael P. Crotty, City Attorney
James P. Beadle, and City Clerk Barbara Boyens. Councilman Mark Brimer was out
of town.

Mayor Schechter led a moment of silence, followed by the Pledge of Allegiance.

CITIZEN COMMENTS

John Malone, 598 Coconut Street, addressed Council.

COUNCIL COMMENTS

Councilwoman Longacre reported on the Retirements Board of Trustees meeting
and commended the Board Members on the quality of service they provide.

Councilman Furlong reported that the Recreation Board is working on plans for the
Teen Zone property. There will be a “ground breaking” ceremony March 11.

Councilman Bolin attended the Comprehensive Planning and Zoning Advisory
Board, the Satellite Beach Police Volunteers, and the Chiefs of Police meetings.

Mayor Schechter commented on the retirement party for Midge Simpson, Director of
the Satellite Beach Library, the Newseum at the Kennedy Space Center Visitors
Center, and the Annual Awards Banquet at Patrick Air Force Base.

CITY ATTORNEY REPORT

City Attorney Beadle did not have any comments.

CITY MANAGER REPORT

City Manager Crotty reported on the following issues:

    Indialantic has appointed Melbourne Beach Mayor Bob Wille to serve
     as the South Beaches Coalition representative to the MPO for 2000
     and 2001.

    Distributed a copy of an article on the privatization of South Housing
     which appeared in the Missileer and stated that a meeting of the

Pursuant to Section 286-0105, FSS, if an individual decides to appeal any decision made by the City Council with respect to any matter
considered at this meeting, a verbatim transcript of the proceedings may be required and the individual may need to insure that a verbatim
transcript of the proceedings is made. In accordance with the Americans with Disabilities Act and Section 286.26, FSS. Persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s office.
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    Working Group will be scheduled as soon as Major Baumann can
    share information with the public.

   April is the anticipated date to begin construction of the
    sidewalk/pedway along Highway A1A from the south city limit to
    Scorpion Court.

   Brevard County has retained a consultant to analyze impact fees and
    will discuss this at their February 15 meeting.

   It is anticipated that an agreement between the City and Brevard
    County for installation of a sidewalk from Cassia to Sherwood along
    Kale at an estimated cost of $28,000 will be received by Council in
    March.

ORDINANCE NO. 774, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, AMENDING SATELLITE BEACH CITY CODE
SECTION 30-231 PROJECTIONS OR STRUCTURES IN YARDS AND SECTION 30-
287 SWIMMING POOLS AND SPAS; PROVIDING SEVERABILITY; PROVIDING
EFFECTIVE DATE (FIRST READING)

City Manager Crotty stated that Ordinance No. 774 allows projections of
decks in the rear yard areas abutting canals. When it was originally reviewed
by Council on November 3, Council requested additional information.

Building Official Cooper presented an overview of his January 26 packet of
information that addresses Council’s concerns about erosion under the deck
and impervious surface area.

City Attorney Beadle recommended adding language to exclude R-1A Zoning
District from Sections 1 and 2.

Mayor Schechter opened the Public Hearing. The following addressed Council:

       John Fergus, 135 Maple Drive
       Laurel Swensen, 660 Jackson Court
       Al Vazquez, 665 Seville Court

Councilman Bolin MOVED, SECOND Councilman Furlong that Ordinance No. 774
be read by title only on first reading, there being sufficient copies of all ordinances
available to the public. VOTE: ALL AYES. MOTION CARRIED.

Mayor Schechter read Ordinance No. 774 by title.

After discussion, Councilman Bolin MOVED, SECOND Councilwoman Longacre that
Ordinance No. 774 be approved on first reading with the following amendments:
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FEBRUARY 2, 2000                                                           PAGE 3

Section 1 and Section 2 shall read as follows: “Exception: On any canal shoreline
or canal bulkhead except in R-1A Zoning District, a wood deck may be built to the
rear lot line provided the following conditions are met”. VOTE: ALL AYES.
MOTION CARRIED.          Council requested that the Building Official review the
ordinance prior to second reading and include language requiring the deck to be
permeable. Mr. Cooper will provide drawings showing potential size and location of
such decks.

ORDINANCE NO. 780, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, AMENDING SATELLITE BEACH CODE OF
ORDINANCES CHAPTER 38, ARTICLE II FIREWORKS BY REPEALING
SECTION 38-38 PUBLIC DISPLAYS; PROVIDING EFFECTIVE DATE (FIRST
READING)

Fire Chief Rocque presented his January 5, 2000, memorandum
recommending that Section 38-38 regarding the public display of fireworks be
rescinded. This section states “the display shall be of such a character, and so
located, discharged or fired as in the opinion of the city manager shall not be
hazardous to property or endanger any person.” Satellite Beach has the
highest population per square mile within Brevard County and does not have
any area in which to display fireworks in a reasonably safe manner.

Mayor Schechter opened the public hearing. Al Vazquez, 665 Seville Court,
addressed Council.

Councilman Furlong MOVED, SECOND Councilman Bolin that Ordinance No.
780 be read by title on first reading. VOTE: ALL AYES. MOTION CARRIED.

The eastern boundary line of the city is the low water line along the beach and
the western boundary line is the main channel of the river; the city would not
have jurisdiction over displays outside those boundaries.

Councilman Bolin MOVED, SECOND Councilwoman Longacre that Ordinance
No. 780 be approved on first reading. VOTE: ALL AYES. MOTION CARRIED.

ORDINANCE NO. 781, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, AMENDING SATELLITE BEACH CODE OF
ORDINANCES SECTION 58-92 TAX LEVIED, RELATING TO ANY PERSON WHO
TRANSACTS ANY BUSINESS OR ENGAGES IN ANY OCCUPATION OR
PROFESSION IN INTERSTATE COMMERCE; PROVIDING EFFECTIVE DATE
(FIRST READING)

City Manager Crotty stated that Ordinance No. 781, which amends the City
Code relating to any person who transacts any business or engages in any
occupation or profession in interstate commerce, would enhance the City’s
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FEBRUARY 2, 2000                                                           PAGE 4

ability to collect occupational licenses from insurance companies which are not
physically located in the City but are doing business in the City.

Councilwoman Longacre MOVED, SECOND Councilman Furlong to read
Ordinance No. 781 by title only on first reading. VOTE: ALL AYES. MOTION
CARRIED.

Mayor Schechter opened the public hearing. Al Vazquez, 665 Seville Court,
addressed Council.

City Attorney Beadle explained that this change to the City Code parrots Florida
Statutes and relates to insurance companies doing business in the City.

Councilman Bolin MOVED, SECOND Councilwoman Longacre to approve
Ordinance No. 781 on first reading. VOTE: ALL AYES. MOTION CARRIED.

ORDINANCE NO. 782, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, GRANTING THE CITY OF MELBOURNE A
NONEXCLUSIVE FRANCHISE FOR THE PROVISION OF WATER SERVICE AND
AUTHORIZING THE USE OF PUBLIC STREETS AND RIGHTS-OF-WAY TO
OPERATE SAID FRANCHISE; PRESCRIBING TERMS AND CONDITIONS; AND
PROVIDING AN EFFECTIVE DATE (FIRST READING)

City Manager Crotty outlined the progression of amendments to the Water
Franchise Agreement proposed by the City of Melbourne. Ordinance No. 782
incorporates the recommendations made by City Attorney Beadle and approved
by Henry Hill, Melbourne City Manager.

Fire Chief Rocque presented information regarding fire hydrant location/water
pressure and the effect of insurance ratings on premium costs.

Councilman Furlong MOVED, SECOND Councilman Bolin that Ordinance No.
782 be read by title on first reading. VOTE: ALL AYES. MOTION CARRIED.

Mayor Schechter read Ordinance No. 782 by title and opened the public
hearing. John Fergus, 135 Maple Drive, addressed Council.

Councilman Bolin MOVED, SECOND Councilman Furlong to approve
Ordinance No. 782 on first reading. VOTE: ALL AYES. MOTION CARRIED.

DISCUSS/TAKE ACTION ON CONSULTING SERVICES AGREEMENT FOR
POLICE DEPARTMENT ACCREDITATION AND AUTHORIZE FUNDING FROM
THE LAW ENFORCEMENT TRUST FUND

Police Chief Cote reported that the Satellite Beach Police Department would
undergo review for accreditation on March 13, 14, and 15. If successful, they
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will be the first Brevard County department to achieve accreditation. Chief Cote
recommended continuation of the consulting services provided by Arthur
Hermanns for the accreditation process and implementation at an hourly rate of
$20 per hour. The funds would come from the Law Enforcement Trust Fund in
compliance with FS 923.7055(4)(a).

Council recommended that the seventh “Whereas” clause be amended to read
as follows:

      WHEREAS, the current agreement between the City and the Consultant
      expires on the 1st day of March 2000; and

Councilwoman Longacre MOVED, SECOND Councilman Bolin to authorize the
Mayor to execute the consulting Agreement with Mr. Hermanns as amended
and authorize payment from the Law Enforcement Trust Fund in compliance
with Florida State Statute. VOTE: ALL AYES. MOTION CARRIED.

In view of the small number of people present, Mayor Schechter invited those
wishing to participate in the public hearing/discussion of the remaining agenda
items to speak up at any time.

DUNE CROSSOVER IMPROVEMENTS:

A.    AWARD OF BID TO CONSTRUCT HANDICAPPED ACCESSIBLE
      DUNE CROSSOVER AT PELICAN BEACH PARK

City Manager Crotty stated that bids were opened for the construction of a
handicapped accessible dune crossover at Pelican Beach Park on January 24,
2000. The only bid received was from Custom Docks in the amount of $21,850

Public Works Director Bob Stowe confirmed that the design meets all ADA
requirements. In response to a question about using recycled materials, Mr.
Stowe said estimates were almost double to use the recycled material and that
ultraviolet rays attack the glue and cause warping.

Councilman Bolin MOVED, SECOND Councilwoman Longacre to accept the
bid of Custom Docks in the amount of $21,850 to construct a handicapped
accessible dune crossover at Pelican Beach Park to be funded from the Coastal
Management Grant and Reserves previously approved by Council. VOTE: ALL
AYES. MOTION CARRIED.

B.    SOLE SOURCE AUTHORIZATION TO REPAIR DUNE CROSSOVER
      AT SCORPION COURT

City Manager Crotty referred to the January 26, 2000, memo from Public Works
Director Stowe wherein he recommended accepting the sole source proposals
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of Custom Docks to repair the Norwood Avenue (Jordan Realty) dune crossover
in the amount of $6,850 and repair the Scorpion Court dune crossover in the
amount of $8,200.

Councilman Bolin MOVED, SECOND Councilman Furlong to accept the sole
source proposal of Custom Docks to repair the Norwood Avenue dune
crossover in the amount of $6,850, funding to be from FEMA as a result of the
1999 hurricanes. VOTE: ALL AYES. MOTION CARRIED.

C.     SOLE SOURCE AUTHORIZATION TO REPAIR DUNE CROSSOVER
       AT NORWOOD AVENUE

Councilman Furlong MOVED, SECOND Councilman Bolin to accept the sole
source proposal of Custom Docks to repair the Scorpion Court dune crossover
in the amount of $8,200, funding to be from FEMA as a result of the 1999
hurricanes. VOTE: ALL AYES. MOTION CARRIED.

REPORT OF FINANCE DIRECTOR

A.     GOVERNMENTAL           ACCOUNTING          STANDARDS         BOARD       –
       STATEMENT 34

Finance Director Bill Ryan gave an overview of his January 26, 2000, memo
regarding Governmental Accounting Standards Board (GASB) Statement No.
34. Statement No. 34 requires that all capital assets, including general
infrastructure, must be capitalized and depreciated. For a city the size of
Satellite Beach the first year of implementation will be FY 03/04 and forward.
He confirmed that the issues raised in the December 29, 1999, letter from Bob
Nanni, City Manager of Palm Bay, are areas of concern to all municipalities.

Council concurred that strong objections to GASB Statement No. 34 should be
voiced through the Space Coast League of Cities, Florida League, National
League, and Congress.

B.     QUARTERLY REPORTING FORM

Finance Director Ryan presented a sample Quarterly Report similar to the form
used in the past. He anticipates having a report for the first quarter ready for a
March meeting. The auditors will audit the books the week of February 14.

ORDINANCE NO. 783, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, AMENDING THE FY 1998/1999 BUDGET
ORDINANCE, PREVIOUSLY AMENDED BY ORDINANCE NO. 757; PROVIDING
AN EFFECTIVE DATE (FIRST READING)
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FEBRUARY 2, 2000                                                          PAGE 7

Ordinance No. 783 ratifies amendments to budget line items previously approved by
Council.

Councilman Bolin MOVED, SECOND Councilwoman Longacre that Ordinance No.
783 be read by title only on first reading. VOTE: ALL AYES. MOTION CARRIED.

Councilman Furlong MOVED, SECOND Councilman Bolin that Ordinance No. 783
be approved on first reading. VOTE: ALL AYES. MOTION CARRIED.

DISCUSS/TAKE ACTION P-2000 GRANT ACQUISITIONS

John Fergus, 135 Maple Drive, addressed Council.

Councilman Bolin MOVED, SECOND Councilwoman Longacre to authorize staff to
obtain appraisals of the Cornerstone and DiPrima properties with funds coming from
the Capital Assets Reserves for the current year. VOTE: ALL AYES. MOTION
CARRIED.

City Manager Crotty advised that temporary signs are up on the two parcels
north of the City which have been purchased. Contracts have been submitted
on the Cohen and McGuire properties. Brevard County Manager Tom Jenkins
will support a joint use agreement for High Tower Park similar to Pelican Beach
Park. He has authorized Mr. Nelson, Brevard County Parks and Recreation, to
work with Satellite Beach Recreation Director Kerry Stoms on the agreement.

Mayor Schechter recessed the meeting from 9:45 p.m. to 9:55 p.m.

ESTABLISH DATE TO INTERVIEW MEMBERS                       FOR    THE    LAND
DEVELOPMENT REVIEW AD HOC COMMITTEE

Council reviewed the applications submitted for the Citizens Land Development
Regulations Review Committee.

Councilwoman Longacre MOVED, SECOND Councilman Bolin that the
following people be appointed: Gail Anderson, Barbara Bourke, Rob Bracewell,
Leslie Castaldi, Frank Catino, Sam D’Amato, Dennis Drake, John Fergus,
Lorraine Gott, William Higginson, Rochelle Lawandales, Ron LeMaster,
Dominick Montanaro, Lynn O’Donnell, Fred Robitschek, Leo Roselip, Karen
Spath, Richard Spear, and Al Vazquez. VOTE: ALL AYES. MOTION
CARRIED.

City Manager Crotty will prepare an organizational packet for Council to review
at the February 16 meeting.
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DISCUSS/TAKE ACTION ON AUTHORIZING DISPOSAL OF SURPLUS
ITEMS AND APPROVAL OF DONATING SURPLUS LIGHT FIXTURES
FROM HEDGECOCK AND GRABOWSKY BALLFIELDS TO SATELLITE
HIGH SCHOOL

City Manager Crotty referred to the January 19 memo from Police Chief Cote
recommending that the items listed be disposed of by donating them to the
Satellite Beach Little League for sale at their rummage/garage sale to be held
February 19. It is time and cost prohibitive for the City to hold a rummage sale
for these few items.

Councilwoman Longacre MOVED, SECOND Councilman Bolin to authorize the
donation of the twenty-eight surplus items listed on the January 19 memo to
Satellite Beach Little League for their rummage sale. VOTE: ALL AYES.
MOTION CARRIED.

Councilman Furlong MOVED, SECOND Councilman Bolin to authorize the
donation of five surplus lights from Grabowsky and Hedgecock ballfields to
Titusville with the remainder of the surplus lights to be donated to Satellite High
School. VOTE: ALL AYES. MOTION CARRIED.

DISCUSS/TAKE ACTION ON ATTENDANCE OF CITY MANAGER AT THE
NATIONAL HURRICANE CONFERENCE APRIL 16-21, 2000

Councilwoman Longacre MOVED, SECOND Councilman Bolin to approve the
City Manager’s attendance at the National Hurricane Conference, with a mid-
year budget amendment to include funds for the seminar and travel, and to
approve his absence from the April 19 Council meeting. VOTE: ALL AYES.
MOTION CARRIED.

APPOINTMENT TO BOARDS

Councilman Furlong MOVED, SECOND Councilman Bolin to reappoint B. K. Turner
to the Recreation Board, term ending February 1, 2002; Emmy Sloan, Samsons
Island Park Development Committee, term ending February 18, 2002; and Fred
Robitschek, Samsons Island Park Development Committee, term ending February
18, 2000. VOTE: ALL AYES. MOTION CARRIED.

AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING

Council did not add any items to the City Manager’s list.

ADOPTION OF MINUTES:                JANUARY 19, 2000 REGULAR MEETING

Councilman Bolin MOVED, SECOND Councilwoman Longacre to approve the
January 19, 2000, minutes as amended. VOTE: ALL AYES. MOTION CARRIED.
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FEBRUARY 2, 2000                                      PAGE 9


Mayor Schechter adjourned the meeting at 10:40 p.m.


Barbara Boyens, CMC
City Clerk

				
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