CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00
P.M.
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
REPORTS:
City Council Members
Council Member Roberts
·
Ms. Roberts informed that the City had an
opportunity to obtain safety street signs at
·
Ms. Roberts inquired about the status of the stop
sign for
·
Ms. Roberts suggested an internal master schedule
to outline timelines for completion of Council discussion items.
·
Ms. Roberts brought out that a resident suggested flags
at the City north and south entrances.
She explained the thought that a flag on the west side of the City would
mark the City’s limits in light of continuing development.
·
Ms. Roberts related that the same citizen also
suggested that staff look into the quality of the City’s existing flags
due to the condition of the flag at the Cape Canaveral Library.
Council
Member Nicholas
·
Mr. Nicholas informed that the North entrance City
sign lights were not working.
·
Mr. Nicholas referred to the standing water
remaining at the curb of Adams and Jefferson Avenues. He requested that staff look into a repair.
·
Mr. Nicholas informed that residents in the area
of
·
Mr. Nicholas referred to the Governor’s intent to
sell the State’s toll roads. He
inquired if Council could take a stand on this issue. Mayor Pro Tem Hoog responded that the City
could forward this issue to the Florida League of Cities. Mr. Petsos suggested
a Resolution for distribution to the other municipalities as well as the
League.
Council Member Petsos
·
Mr. Petsos inquired about seeking lights for the
City south entrance sign. He
requested to have Public Works investigate solar lighting. Mr. Boucher replied that Mr. Lefever just had
solar lighting installed at
·
Mr. Petsos announced on November 2nd
the
·
Mr. Petsos announced the Cape Canaveral Fall
Festival on October 13th at
·
Mr. Petsos announced the Kiwanis Club - Meet the
Candidates Breakfast on Saturday, October 20th. Proceeds will also benefit
Mayor Pro Tem Bob Hoog
·
Mayor Pro Tem Hoog brought up an item that he had
related to the City Manager regarding street parking sign.
Mayor
Randels
·
Mayor Randels offered his reporting time to Mr.
Chuck Sheridan for a Presentation.
Mr. Chuck Sheridan introduced himself as a General Contractor, who
served by the Governor’s appointment on the Building Code Board in 2003. He informed that in 2005 the Canaveral Port
Authority [the Port] published a Request for Proposal for a project for the
Mr. Sheridan explained some of the project’s
elements and described the project as environmentally sensitive. Mr. Sheridan related some statistics on how
the Port Canaveral area would benefit from the conventioneer revenue. The project anticipated approximately $4
million in revenue in the first year.
Mr. Harry Pearson questioned egress for the person traveling north on
State Road A1A would enter. Mr. Sheridan
pointed out a ramp that would lead a traveler into the Convention Center area
similarly as one would enter the Port.
Ms. Roberts
expressed the same concerns as with the Ron Jon’s project such as traffic,
noise, the environmental impact, and affects to the
Mr. Sheridan
responded to Mr. Nicholas’s question related to Jetty Park, that Jetty Park was
not included in the plan. Mr. Sheridan
also responded that the proposed site was 28 acres. Mr. Sheridan stated that they planned to
protect the wetlands area. Mr. Sheridan
responded to Mr. Nicholas that the piers were for passive observation purposes.
Mr. Petsos thanked
Mr. Sheridan for sharing the intent with the Council and he encouraged him to
also share the concept with the neighboring
Mr. Sheridan
responded to Mr. Petsos question related to public use, that the intent was for
the community to also use the convention amenities. Mr. Sheridan informed that he planned to
speak with the Homeowner’s Associations and the Brevard County Commission. Mr. Sheridan responded to Mr. Nicholas’
question on a Developmental Regional Impact Study that he did not anticipate
obtaining a study for this project since the project was below the study
criteria and within the Port’s jurisdictional boundary.
Mr. Sheridan
responded to Mayor Pro Tem Hoog’s question related to motor craft that they
planned to prohibit incoming motorboats.
Mr. Sheridan explained how the traffic planners engineered a pattern
around the perimeter for vehicles to embark and disembark. Mr. Sheridan responded to Mr. Petsos’
question related to the number of rooms that 350 rooms were anticipated for the
tower. Mr. Sheridan explained for Ms.
Roberts how an atrium would enclose several structures named for one of the
Space Programs.
Mayor Randels
thanked Mr. Sheridan for his presentation and inquired about his anticipated
plan in light of the unsuccessful first plan.
Mr. Sheridan expressed that since the Request for Proposal was
published, the Port has performed a feasibility study that expressed the need
for a convention center. Mr. Sheridan
explained how a water park was not viable at this time using the unsuccessful
Mr. Sheridan
replied to Mayor Randels that the garage base would be above the high level of
the water line. Mr. Sheridan clarified
that the planned hotel would be upscale; however, the name was undetermined at
this time. Mr. Sheridan replied to Mayor
Randels that mixed-use was still included in the plan in light of the Class A
office space.
Mr. Sheridan
responded to Ms. Roberts that in order to support Convention attendees, some
rooms would have kitchen facilities.
Mayor Randels replied that when Mr. Sheridan returned to the City, the
City would sponsor an evening for community input and further questions.
Mr. Sheridan
replied to Mr. John Grandlich of the Ron Jon Cape Caribe Resort that
75,000-to-100,000 square feet was planned for the Convention Center to include
a sublevel of conference space and breakout rooms. Mr. Sheridan related on how conventioneers
were being transported between
AUDIENCE TO BE HEARD:
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove the Consent Agenda item for discussion.
There was no request to remove this item for
discussion.
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.
CONSIDERATIONS:
2. Motion to Approve: Contract for Audit
Services with McGladrey & Pullen.
Mayor Randels stated the audit
contract price of $35,000 with a renewal option for three subsequent years.
Andrea Bowers, City Treasurer, clarified that the firm was not in a position to
perform a single audit; however, grants were audited. Ms. Bowers responded to Mayor Randels with
her satisfaction in working with the audit team.
Ms. Roberts stated that she
found the Contract difficult to read in substance and in form, and not succinct
or customer focused. She stated that
this document was significantly more pro forma and did not provide the
management improvement suggestions as was done in previous documents.
Ms. Bowers explained that the
Contract was not similar to the Proposal in that it was more in line with
standard contract language. Ms. Bowers
explained that the Audit was not a consultation, but an in-depth, unbiased,
independent audit of the City’s financial records and processes. Ms. Bowers stated that, unlike the Proposal,
the Contract was a legal document.
Ms. Bowers informed that she
spoke with the auditors and they planned to continue to provide the same
meaningful comments and she expressed that they would continue to operate in
the City’s best interest. Mayor Randels
inquired what would make this document easier to read. Ms. Bowers agreed that the Contract was
difficult to read; however, the firm would provide a viable product based on
the Contract.
Ms. Roberts expressed that the
Contract was verbose and not clearly presented. She registered this as a
personal concern. Mr. Nicholas responded
that the Contract set the precedent for the firm’s subsequent documents and
should be understandable prior to execution.
Ms. Roberts stated that she raised this concern in order to obtain a
reader-friendly document in the coming year.
Mr. Boucher assured that he
would relay this concern to the Audit firm.
Mr. Petsos added that the absence of the firm’s management improvement
suggestions might be a sign of City staff implementing their
recommendations. Ms. Bowers concluded by
saying that the Finance Department strives to obtain a clean audit.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Approve the Contract for Audit Services with McGladrey & Pullen. 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:
3. Motion to Adopt; Resolution 2007-29 for
the Final Re-Plat of Casa Esperanza.
Todd
Morley, Building Official, stated that during the process review of this Final
Re-Plat several items came out and his memo clarified the changes since the
Planning and Zoning Board’s approval.
Mayor Randels inquired why a Re-Plat required up to four months.
Mr. John
Johanson, Tripple-J Managing Member, informed that there were some problems
with the Surveyor related to equipment placed over the spot where he had to
place the markers. Mayor Randels noted
the inclusion of the Party-Wall Agreement. Mr. Johanson responded that in his
interpretation of the code it was not required.
He referred to the final plat, 98-59, sub-step (3), “protective
covenants and form of recording if required.”
Mr.
Johanson then referred to the City’s Townhouse, Code Section 110-377
which states, “if there exists areas for common use,” however there was no
common use, the lots were individually platted.
Mayor Randels pointed out how neighbors could cut off access to the interior
units by reason of a commonly used outside area. Ms. Roberts stated that Mr. Johanson was
bringing up a distinction in the code related to common property for the
Council’s awareness.
Attorney
Latorre reported that the Planning and Zoning Board concerns were related to
common property such as disputes related to roof or common walls. The discussion did not include outside
conditions such as the backyard.
Attorney Latorre recalled that direction on Code consistency was noted
at a previous Council meeting. Mr.
Johanson re-stated that there was no “common” area; therefore, the code did not
apply.
Mayor
Randels inquired of Ms. McNeely, Planning and Zoning Board Chairperson, who
agreed that consistency was needed. She
inquired if the Council desired a common Agreement or to make each individual
unit responsible.
Mayor Pro
Tem Hoog disclosed that he filed a Memorandum of Voting Conflict due to his
participation as the Electrical Contractor.
Mayor Randels made note that Resolution No.
2007-29 was not included in the packet; however, the item was moved, seconded
and voted on as approved.
A motion was made by Ms. Roberts and
seconded by Mr. Petsos to Approve the Final Re-Plat of Casa Esperanza. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
Abstained; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
ORDINANCES: First Public Hearing:
4. Motion to Approve: Ordinance No.
06-2007; Amending Chapter 2, the List of City Code Provisions Enforced through
the Issuance of a Civil Citation.
Mayor
Randels read Ordinance No. 06-2007 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING ARTICLE VI, CHAPTER 2,
OF THE CITY CODE RELATED TO CODE ENFORCEMENT CITATIONS; AMENDING THE LIST OF
CITY CODE PROVISIONS ENFORCED THROUGH ISSUANCE OF A CIVIL CITATION;
ESTABLISHING THE CLASS OF VIOLATION FOR EACH PROVISION; MAKING CONFORMING
AMENDMENTS TO CHAPTERS 34 AND 110 OF THE CITY CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor
Randels referred to the level of fines related to the citation program as $100,
and $200 for life/safety issues such as a swimming pool, and $500 for
violations related to Resort Dwellings.
Mr. Petsos reminded that this item had been addressed through Workshops
and would be used as a tool to assist with the lengthy Code Enforcement
process.
Mr.
Boucher clarified that the violation was at the discretion of the Code
Enforcement officer. Mr. Boucher
responded to Ms. Roberts that Law Enforcement would regulate some circumstances
such as noise related issues. Mayor
Randels inquired about the measurement for sound. Mr. Morley replied that a “reasonable man”
standard was applied and not a decibel standard.
Ms.
Roberts posed the following questions.
First, the relationship of the Civil Citation to the Chronic Nuisance
Ordinance and asked how the two were related.
Attorney Latorre explained that every incident of chronic nuisance would
add toward the count against the offender.
Second, Ms. Roberts asked if there was a Fine Ticketing Form or
Administrative method that accompanied this Ordinance. Mr. Morley replied that the existing form
related to fireworks and unlicensed contractors. Ms. Roberts requested to see the
Administrative mechanism accompany the Ordinance at second reading.
Third,
Ms. Roberts asked if “litter” included fish remnants. Mayor Randels referred to the Section in the
City code for Litter, Section 34-26 for regulations. Mr. Boucher reported that the area appeared
clean and monitoring occurred regularly.
Attorney Latorre clarified, due to discussion, that the Code would
include law enforcement as well as code enforcement officers. Ms. Bowers responded to Ms. Roberts that the
penalty fee would be placed in the Violation of Local Ordinances account.
A motion was made by Mr. Petsos and seconded
by Mr. Nicholas to Approve Ordinance No. 06-2007 at first reading. 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.
REPORTS:
City
Manager
·
Mr.
Boucher informed that the City began its fiscal year and encouraged Council to
monitor State Legislative issues.
·
Mr.
Boucher informed that the City received
a check related to the Paul Jindra Code Enforcement lien in the amount of
$122,000.
·
Mr.
Boucher informed that the Chrysler 300
seized in confiscation was sold on E-Bay for $17,500.
·
Mr.
Boucher reported that Brown and Caldwell
performed extensive testing related to the heavy metal introduced into the
plant derived from the aluminum sulfate being used to decrease the phosphates
at the Plant. Mr. Boucher reported that
a new vendor was secured with a higher-grade product. Brown and Caldwell made the recommendation to
amend the process for reintroducing aluminum into the system. Mr. Boucher
concluded that a study to create a mixing zone for proportional disbursement
was under consideration.
·
Mr.
Boucher reported on the sewer main project and noted that Mr. Martin Greene
would need to pay $112,000 to relocate
the sewer main for the Mermaid Key project.
·
Mr.
Boucher reported that staff was seeking a
quote for paving the entire road on Columbia Drive. This would be on the next City Council Agenda
for consideration.
·
Mr.
Boucher reported that he would meet with all parties involved on the Public
Works maintenance-building project.
·
Mr.
Boucher announced a Sign Code meeting
on the following evening, Wednesday, October 3rd.
·
Mr.
Boucher announced this day as Mayor
Randel’s birthday.
Staff
Building Official
·
No
report.
City Treasurer
·
No
report.
City Clerk
·
Ms.
Stills stated that a copy of Resolution
No. 2007-29, once signed, would be provided to the Applicant.
Mr. Nicholas
commended Mr. Roger Dobson for being
acknowledged as the Entrepreneur of the Year by Space Coast Business
magazine.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 9:07
P.M.
_________________________________
Rocky Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK