CITY COUNCIL
REGULAR MEETING
TUESDAY
September 18, 2007
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to Order at 7:00
P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon Roberts
Others Present:
City Manager Bennett
Boucher
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Acting Recreation Director Robert Lefever
AUDIENCE TO BE HEARD:
Ms. Jean Cole, Ministry Assistant with the Seafarer’s Ministry, presented a request on behalf
of Bill Richard, former Director, and Dan Bailey, current Director of the
Seafarer’s Ministry. Ms. Cole requested
that the City Council grant a Special Exemption because of their non-profit
status for Recreational Vehicle parking behind their ministry in a gated area
to house volunteers. Ms. Cole related
that lot costs were $5.50 per month which the ministry expended for four to
five couples and she informed that their volunteers stayed for up to 25-weeks
in the previous year. Ms. Cole stated that they would be glad to meet any of
the City’s requirements including seeking solid waste disposal at
Mr. Nicholas asked to hear from
the Building Official on the ramifications.
Todd Morley, Building Official, responded that there was communication
between himself and the City Manager and this was not a permitted use for the
zoning district. Ms. Roberts brought up
if the City had any distinction by reason of their non-profit status to which
Mr. Boucher replied there was none. Ms.
Cole replied to Mr. Petsos that in the past year the Canaveral Port Authority
refused to reduce their parking rate for the Recreational Vehicles. Ms. Cole stated that she was not aware,
however, if the refusal came from Port staff or their Commission. Ms. Cole stated that the volunteers usually
arrived during the winter months [January through April]; however, the
volunteer request was year-round.
Mr. Nicholas asked if re-zoning
was an alternative. Mayor Randels
responded to Mr. Nicholas that the Seafarer’s facility had a Special Exception
as a commercial use in a residential zone.
Mr. Boucher stated that there was no special provision for a
non-profit organization or for mobile home parks in a residential
district. Discussion brought out that
this would also permit any religious organization to allow for mobile homes on
their parking lots to house temporary visitors.
Mayor Randels concluded that the City would research the matter and
provide a reply. Ms. Cole stated that
she would confer with Mr. Bailey related to seeking the reduced parking fee
with the Port and provide a response to the City Manager.
REPORTS:
City Council Members
Shannon Roberts
·
Ms. Roberts related how a citizen had brought out
the need for a mass communication mechanism to alert residents by cellular
phone. The recent boil water alert
was used as an example. Mayor Randels
made note to seek a mass notification system to the affected area in a time of
emergency. Mr. Morley informed that CallEmAll.
com could provide this service; however, all residents would need to
register. Mr. Boucher stated that he was
unaware of the City of Cocoa’s procedures; however, City of Cocoa sent the
notice to Florida Today and forwarded it to the media.
Mayor Randels
asked if staff could seek Brevard County’s 911 procedures. He also stated that only certain persons were
affected. Mr. Petsos mentioned the
notification process of the reverse 911 System.
Ms. Roberts pointed out that cell phones were practicable for second
homeowners. Mr. Boucher reminded that a
submitted cell phone number would become a public record. The City Manager would seek information from
Brevard County Emergency Management and the City of Cocoa regarding their
procedures. Ms. Roberts also suggested
that the City Manager inquire with Bright House Networks on notification to
cell phones.
·
Ms. Roberts recommended that City management staff
use the following three management tools: 1) Performance Metrics,
which would document the City department accomplishments at intervals based on
the City’s annual goals, 2) the use of Customer Service Standards, such
as methods to document staff’s service response time to citizen requests, and
3) the use of Processing Mapping, such as visual diagrams to depict City
processes.
·
Ms. Roberts brought out the Citizen Awareness and
Participation Plan such as the one on this evening’s Agenda and she also
sought a visioning session for resident participation in order to hear their
ideas. Ms. Roberts stated that this would be in addition to the fall workshop
on North Atlantic Avenue and the workshops related to the Comprehensive
Plan. Mayor Randels pointed out that the
City might not have the number of staff needed to gain the results of some of
Ms. Roberts’ concepts. Mr. Petsos shared
the Mayor’s concern related to the level of City staff.
Leo Nicholas
·
Mr. Nicholas questioned the plans to honor Nancy
Hanson. Mr. Lefever informed that
September 24th was the first Recreation Board Meeting with the
new Board and they would continue to develop the planning concepts.
·
Mr. Nicholas asked if the Car Wash near the Lamp
Post was under condemnation. Mr. Morley replied that the building was under
Code Enforcement.
·
Mr. Nicholas informed that the dumpster enclosure
at the VFW post had not been repaired as Waste Management promised that
it would during their contract extension.
The City Manager would address this issue.
·
Mr. Nicholas inquired about the updated City map. Mr. Boucher stated that he would provide the
requested maps that included the names of new City streets.
Buzz Petsos
·
Mr. Petsos brought out the need for bus shelters
in the community. He related the
City of Cocoa Beach appeared to have controlled the advertising. Ms. Roberts informed that this was an item on
the Beautification Board Agenda. Mr.
Boucher reminded that the Florida Department of Transportation would not allow
for them in the right-of-way. The City
Manager would pursue seeking a firm for the bus shelters.
·
Mr. Petsos inquired about the Building Department
plans to move into the newly purchased City property. Mr. Morley stated that he would address the
Council at their next meeting with preliminary quotes.
·
Mr. Petsos announced that the Recreation Department,
the Cape View Elementary PTO and the Kiwanis Club would hold a Community
Fall Festival on Saturday, October 13th at Manatee Sanctuary Park at
11:00 A.M.
Mayor Pro Tem Bob Hoog
·
Mayor Pro Tem Hoog reported from the Water
Management Board Meeting and their discussion on reuse systems. He also reported that there was $110 million
in grants. He informed that 9 of the 15
Brevard County cities were in attendance and the next session in January 2008
would address wells and their abandonment in order to put people on reuse
systems.
·
Mayor Pro Tem Hoog reported on his discussion with Chief
Sargeant who requested that the City place its wood mulch product purchase in
abeyance due to spontaneous combustion on a Texas playground. Chief Sargeant requested to delay the wood
mulch product purchase until he could further investigate the product since he
did not concur with the product manufacturer’s guarantee.
Mr. Robert Lefever, Acting Recreation
Director, reported that he performed extensive research on the topic. He read the statistics from the Zeiger
company’s testing which concluded that in order for the wood fibers to ignite,
they would need to reach a temperature of 284 degrees continuously for 24-hours
for 320 days. The company was, however,
referring to kindling wood in the same size or shape. Mr. Lefever stated that
the Recreation Department had no problem with delaying the purchase. He also reminded that there were two other
alternate products, rubber mulch and “forever” turf; however, they were more
costly. Mayor Pro Tem Hoog reiterated
that he concurred with the Fire Chief as the resident expert and in the essence
of safety, to wait for this decision.
Mr. Lefever informed that the playground equipment installation ceased
since it was based on the type of surface.
Mayor Rocky Randels
·
Mayor Randels reported that the City received a 28
percent reduction on its Property/ Liability insurance and Workers
Compensation insurance.
·
Mayor Randels informed he had spoken to a 99-year-old
former Cape Canaveral resident and former Moon Hut owner, Ms. Gladys
Kendall, who now lives in Debary, Florida.
Mr. Boucher replied to Mr. Nicholas that he planned to establish funding
in the City budget to obtain someone to document oral histories from past
residents.
BOARD INTERVIEW:
Michael E. Michel, Recreation Board [Alternate Member]
Mayor Randels informed that Mr. Michel withdrew his application for the
Recreation Board.
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of September 4, 2007.
2. An Application for a Special Outdoor Entertainment Permit
for the Fall Festival, Saturday, October 13, 2007, 11 A.M. to 2 P.M.
3. An Application for the Halloween Street
Dance, Tuesday, October 30, 2007, 6:30 P.M. to 8:00 P.M.
Mayor Randels asked Mr. Lefever
if he had ever considered moving this event to the Youth Center location. Discussion concluded that there was more
parking and the ability to block the street off at the current site.
4. Resolution No. 2007-24; Appointing
Chris Hale as an Alternate Member of the Recreation Board.
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove any of the Consent Agenda items for
discussion.
Ms. Roberts requested to remove Item No. 1.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Agenda Items No. 2 through 4. The vote on the motion carried 5-0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
1. City Council Regular
Meeting Minutes of September 4, 2007.
Ms. Roberts asked a process
related question and if the City Manager planned to provide the separate list
of the Parking Board discussion items as stated at the previous Council
meeting. Ms. Roberts informed that she
counted nine items from the September 4th meeting as the Council’s
discussion initiatives. Mr. Boucher affirmed that he had compiled a list for
distribution to the Council.
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to
Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts,
For.
RESOLUTIONS:
5. Resolution No. 2007-25; Establishing a New Schedule of Sewer
Rates.
Mayor Randels read Resolution No. 2007-25 by title.
A RESOLUTION
OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING
A NEW SCHEDULE OF RATES UNDER APPENDIX B, CHAPTER 78, UTILITIES, ARTICLE III,
SERVICE RATES, DEPOSITS AND BILLINGS PROCEDURES, SUBSECTION (B) MONTHLY SEWER
RATES, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES FOR SEWER SERVICE
WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels informed that the
City sought a Rate Study in August of 2005.
In July 2006, Brown and Caldwell were awarded the contract. Council received their first report in December
of 2006 and a revised report in March 2007. Mr. Boucher explained that the City
had extensive meetings with the Rate Consultant and on average as of January
2008, consumers would expect a 7 percent increase and every January thereafter
a 6 percent increase using the five-year rate model. He informed that notice was given on the City
of Cocoa utility bill informing them of tonight’s meeting.
Mr. Boucher informed that he
and the City Treasurer, Andrea Bowers, met with Mr. Roger Dobson and Mr. Tom
Hermansen who were seeking an additional decrease in the commercial rates and
the cap removed totally from the single-family rates and increase the
multi-family rates as well. Mr. Boucher related that he explained to Mr. Dobson
and Mr. Hermansen that the commercial rate multiplier decreased from 4.35
percent to 3 percent and 61 percent of the commercial customers would
experience a decrease.
Mr. Boucher stated that the
hotel industry was the largest user in the tens of thousands for
consumption. Mr. Nicholas stated that
the City of Cocoa charged differently on the use of a one-or-two inch
line. Mr. Boucher agreed and informed
that the residential cap would transition out; however, if the cap were removed
immediately 30 percent of residential consumer’s would experience a 22 percent
increase and that was not Council’s intent.
Mr.
Boucher concluded that the hotel desired more of a reduction in the sewer
rates.
Mayor Randels explained how the
Wastewater Treatment Plant fund was an Enterprise Fund which pays for its
operation based on usage. Mayor Randels
explained further that the Council’s consensus was to incrementally increase
the rates keeping in mind that the rates had not been increased for the past
four years. Mayor Randels included that
the January implementation would also assist the Condominium Associations in
their annual planning.
Mr. Tom Hermansen, stated that
the commercial users were paying 300 percent more for their usage, whether one
or a thousand gallons, which he stated was inequitable. He stated to charge a premium for commercial
usage and not 300 percent. He explained
that the decrease from 4.35 percent to 3.0 percent was irrelevant when the
dollar amount charge increased from $2.17 to $3.65 which was a net effect of
still increasing the overall usage. Mr. Hermansen stated that the commercial
users would continue to maintain the same unfair burden through the projected
period.
Mr. Hermansen referred to his
letter in which he pointed out that in the year 2010/2011, commercial customers,
based on consumption, revenue contributions would still be 166 percent compared
to their consumption. He concluded that
the rate plan was transferring some of burden from the single-family residences
to the multi-family units. He stated
that he did not see where commercial rates would decrease. Mayor Randels stated that the Council had
discussed the percentage of usage to the percentage of revenue at each
level. Mayor Randels stated that
commercial used 14 percent of the total water; however, they pay 27 percent of
the total revenue and the goal was to level out these percentages.
Ms. Bowers stated that this has
changed the rate structure to move in that direction. She stated that the rate
plan would move to a consumption mode for commercial and move the residential
users to a flat rate. Ms. Bowers stated
that the cap would eventually be removed from single-family residences in light
of the availability of reuse water. Mr.
Boucher stated that 86 percent of the users were 10,000 gallons or less; however,
the hotel industry was significantly higher and made up the 14 percent
difference. Ms. Bowers informed of the
marked difference between the two hotels.
Mr. Hermansen informed that that was based on occupancy differences and
leaks in fixtures. Ms. Bowers informed
that the Country Inns and Suites came in just over what a multi-family unit
paid per month.
Ms. Donna Remberg, of 138 Ocean Garden Lane, expressed her concern with removing the
cap. She stated that her water was not
entering the City’s sewage system and she would be charged for all water as if
it were entering the sewer system. Ms.
Remberg clarified that she had no issue with raising the rates; however, she
was voicing her concern with removing the cap.
Mr. Petsos brought out how Homeowner’s Associations would need to
consider re-use water installation.
Ms. Dawn Heath, Cape Laundry owner, informed that she paid $1,077 for sewer fees for
$247.57 worth of water. Ms. Heath also
informed that both the City of Cocoa and the City of Cape Canaveral can charge
late fees. Mayor Randels explained that
each charge addressed the separate utilities of water and sewer. Ms. Heath stated that there was no
consistency with the City’s late fees; however, the City of Cocoa charged a
flat rate.
Ms. Heath informed that there
was a 451 percent markup from her water usage.
Ms. Bowers corrected that the rate was actually 435 percent. Mr. Hermansen pointed out that the City of Cocoa
Beach was one-third of the cost. Mr.
Nicholas reminded how the Council has foregone the consultant’s recommendations
in past years and was, therefore, subject to catching up with the rates. Mr. Hermansen brought out that if it appeared
to be consensus to charge for revenue usage based on usage, then the Council
would want to leave the adjustment discussion open. He agreed with a premium, but not 300
percent.
Ms. Bowers addressed Ms.
Roberts question related to the City of Cocoa Beach’s lower fees and stated
that Cocoa Beach subsidized their sewer system with reuse fees and they also
require that each person using reuse pay to annually maintain their own
system. Cape Canaveral, however,
provides these services. Mr. Walter
Bandish stated that the City provides these services for free. He also stated
that Cape Canaveral is an “Advanced Water Treatment” plant which was the top
level nearest drinking water standards, whereas Cocoa Beach was secondary
treatment.
Mr. Ray Osborne asked if an incentive was in place for water conservation.
Mayor Pro Tem Hoog suggested
waiting a year to review the rate increase outcome.
Mr. Petsos stated that he, too, anticipated a more level rate structure and
would seek having Ms. Bowers and the rate consultant return and explain the
outcome.
Mayor Pro Tem Hoog asked the
City Manager if the Sewer Rate Consultant could return with an analysis that
would achieve the goal in a lesser time.
Mr. Boucher responded to allow for experience and then to provide a
status report in January. Ms. Roberts
asked if the Council would need to acknowledge the differential nature between
the commercial use and residential use.
Mr. Boucher explained that until the rate model was proven, he
recommended seeking ways to conserve.
Mr. Boucher pointed out that regardless of the unoccupied units in
condominiums; the City still had the expense of operating its treatment
plant.
Mr. Nicholas informed that
water consumption for front load washing machines was less than top
loaders. Ms. Roberts inquired about the
communication strategy for notification.
Mayor Randels stated that residents and Condominium Associations were
notified. Mr. Boucher replied that the
City would continue to notify the public.
Ms. Roberts voted for the Resolution with the understanding that Council
would review the increased rates in the coming year to reassess it based on
experience.
A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt
Resolution No 2007-25. The vote on the
motion carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Randels, For and Ms. Roberts, For.
DISCUSSION:
6. Citizen Awareness and Participation Plan.
Mr. Petsos stated that the
information was distributed for Council’s awareness and to place it on an
upcoming Agenda in light of hiring a Community Development Director. Ms. Roberts mentioned the fall two-day
Visioning session with the community.
Mr. Boucher responded that he would need to review the staff calendar.
REPORTS:
City
Manager
·
Mr.
Boucher reported that the paving at
Washington Avenue was delayed due to inclement weather. Mr. Bandish reported that the milling was
started on Washington, Orange, and Buchanan Avenues. Mayor Pro Tem Hoog pointed out the need for
guards around the manhole covers on Washington Avenue.
·
Mr.
Boucher reported on the stop signs in
the Harbor Heights area. Mr. Bandish
informed that a stop sign in the Harbor Heights area would require placing them
within 12-feet of the roadway and to eliminate the turn lane. Ms. Roberts reported that people were slowing
down in Harbor Heights but were increasing speed as they approached Shorewood
Drive. Mr. Boucher reported on positive
feedback overall.
·
Mr.
Boucher informed that a developer desired to construct an office complex on Imperial Drive and State Road A1A that would exceed
the height limitation. Ms. Roberts
expressed that she wanted to hear from the firm. Mr. Petsos stated that he did not, based on
the City’s 45-foot height limitation.
Mayor Pro Tem Hoog stated that he was not adverse to hearing from the
firm. Ms. Roberts suggested that the
firm speak to the Business and Cultural Development Board on their
concept. Council members decided in the affirmative by the consensus of Ms.
Roberts, Mayor Pro Tem Hoog and Mayor Randels, to hear the concept. Mr. Petsos recommended notifying City
residents of the intent to hear the concept.
A suggestion was made to use the Library Meeting Room.
·
Mr.
Boucher had no further report on Ron
Jon’s.
·
Mr.
Boucher reported that the Tripple J
decision was remanded back to the Board of Adjustment. Mr. Boucher explained that the Appellate
Court applied the City Code and stated that the Board needed to address the
decision. Attorney Latorre reserved any
further comment until the City Attorney had time to review the Order.
·
Mr.
Boucher reported on his Drug Management Committee Meeting stating that the School Concurrency Interlocal Agreement
would impact future development.
Discussion also included the Hometown
Democracy Movement and the ballot question which would require that voters
approve all Comprehensive Plan Amendments.
·
Mr.
Boucher distributed the Parking Board
discussion list from the previous City Council meetings. He asked Council to let him know if there
were any items omitted.
·
Mr.
Boucher reported that he found the 1994
Florida Department of Environmental Protection permit for the Wastewater
Treatment Plant facility.
Mr. Boucher would seek who had jurisdiction related to permitting for the slab
construction of the new maintenance building.
Brown and Caldwell would re-evaluate the change orders from Butler
Construction.
·
Mr.
Boucher reported that Public Works was quoted a cost of $112,000 from ExperTech
for the redesign of the sewer main
related to the Mermaid Key project.
Mr. Boucher replied to Ms. Roberts that no service to other City residents
would be disrupted since the Mermaid Key project was on private property.
STAFF
City
Treasurer
·
No
report.
Acting
Public Works Director
·
No
report.
City
Clerk
·
No
report.
AUDIENCE TO BE HEARD:
Mr. David Shirtzinger requested to know why certain information was not posted to the web site. He contended that City Council minutes were
not the most recent and that projects such as the Ridgewood Avenue Streetscape
were not available.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 9:20 P.M.
___________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK