CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

October 2, 2007
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

Assistant City Attorney         Kate Latorre

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 North Atlantic and Church Street and State Road A1A and Columbia Drive subsequent to the street paving.  She presented this as an action item to the Council.

·                    Ms. Roberts inquired about the status of the stop sign for North Atlantic Avenue and Shorewood Drive.  Mr. Boucher replied that a design from traffic engineering was still forthcoming.

·                    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 Long Point Park had expressed concern over hearing that the City planned to develop that area.  Mr. Boucher informed that the Stormwater Administrator received an Estuary Grant with the Army Corp of Engineers and he planned to remove debris and the pepper trees in the area.  He would provide Council with information on the project.

·        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 Manatee Sanctuary Park.

·                    Mr. Petsos announced on November 2nd the Satellite Beach/ Cocoa Beach Football Beach Bowl.  Mr. Petsos mentioned some activities to rally spirit at the High School sporting event.

·                    Mr. Petsos announced the Cape Canaveral Fall Festival on October 13th at Manatee Sanctuary Park from 11 A.M. to 2 P.M. Proceeds to benefit Cape View Elementary School.

·                    Mr. Petsos announced the Kiwanis Club - Meet the Candidates Breakfast on Saturday, October 20th.  Proceeds will also benefit Cape View Elementary School.

 

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 Banana River site at the entrance of George King Blvd.  Mr. Sheridan explained that his firm was second to Ron Jon’s for the bid on the Port project; however, negotiations recently ended between Ron Jon’s and the Port. 

 

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 Cape Canaveral beach.  Mr. Sheridan replied that a tram would take people to Jetty Park and restaurants in the Cove area.  The project would also have amenities for people to remain onsite.  Ms. Roberts asked if any part of the project involved Class A office space.  Mr. Sheridan replied a medical facility, commercial office space, and meeting planner space.  Mr. Sheridan responded to Ms. Roberts’ question related to the hotel’s star quality rating, that the hotel would rank four to five stars. 

 

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 Cape Canaveral residents namely Puerto Del Rio.  Mr. Sheridan responded to Ms. Roberts question on lighting, that the lighting was planned around the top tower of the building with no upward lighting. 

 

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 Daytona Beach project as an example. 

 

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 Orlando and the Port, which identified the need for a local convention facility.  Mr. Sheridan affirmed for Ms. Roberts that the medical facility would be available to the public.

 

AUDIENCE TO BE HEARD:

 

  • Ms. Sandy Young inquired about persons coming before the Community Appearance Board.  Attorney Latorre explained how a newly constructed single-family residence had to appear before the Board prior to obtaining a Certificate of Occupancy.  Ms. Young stated that the Applicant was required to pay $75.00 and incurred a two-week delay on their project for something that was not regulated afterwards.  Attorney Latorre affirmed that with a single-family residence a person was not required to return to the Community Appearance Board for any future changes.  Ms. Bea McNeely, Planning and Zoning Board Chairperson, informed that she served on the Ad Hoc Committee for the Community Appearance Board, and single-family homes came before the Board for purposes of review in order to deter people from painting in disharmonious colors.  Ms. Young re-stated that the regulation; however, was not enforced after the initial review.  Mayor Randels made note of this as an item for future discussion.

 

CONSENT AGENDA:

 

1.         City Council Regular Meeting Minutes of September 18, 2007.

 

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