CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER:
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 Attorney Anthony
Garganese
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Public Works Director Walter
Bandish
Assistant Public Works Director Jeff Ratliff
PRESENTATION:
Commissioner Chuck Nelson
Commissioner Chuck Nelson
addressed the Council and introduced his Aide, Liz Alward. Commissioner Nelson expressed that although the
State developed a tax rate formula, the County was required to cut expenses by
9 percent and in effect cut 10 percent.
He reported on the metal pod opening and the fourth tent at the jail at
$7.2 million, which created positions for 80 new officers. However, beach re-nourishment was cut.
Commissioner Nelson related
that all County employees including those in Public Safety received an increase
at a cost of $3 million. He informed
that the
Commissioner Nelson informed
how the
Commissioner Nelson reported
that the Commission would proceed with discussion of the
Commissioner Nelson referred to
City Council members’ previous questions on a fair-share amount of funding that
the City could anticipate for its tax revenue. He expressed his intent to
provide an answer to Council’s question.
Commissioner Nelson commended the friendly, cooperative relationship
that existed within District 2. Mayor
Randels recognized the part that the County played in the Joint Use Playground
at Cape View Elementary.
Ms. Roberts questioned
Commissioner Nelson on the
Mr. Petsos referred to State
Road A1A regarding a west turn lane for vehicles traveling north due to the
increased development in that area.
Commissioner Nelson affirmed that he contact the Transportation
Department. Mr. Petsos asked if there
were any plans or funding to upgrade the Avon-by-the-Sea portion of the
He concluded that County
General Fund money was used for bonds for road improvements; and now that money
was not available. When the County
sought bonds again, he would seek funding for District 2 projects. Mr. Petsos
expressed the Council’s interest in using the Cape Canaveral Library Meeting
Room. Commissioner replied that he was aware of the issue. Mr. Petsos concluded
that the City was reaching $4 million in tax funding to the County but thanked
Commissioner Nelson for his intention to look into that issue.
Mayor Pro Tem Hoog inquired
about 80 positions that were eliminated, but were funded in the budget. Commissioner Nelson explained that with 2,000
employees there were many vacant positions at any given time. He informed that
the positions cut were mostly management and there were also some in recreation
due to program cuts. Mayor Pro Tem Hoog
asked if the Tax Office was closed due to eliminating some of the
positions. Commissioner Nelson informed
that the Tax Collector’s office moved to
Mayor Randels extended
Commissioner Nelson an invitation to a citywide Ice Cream Social for a presentation
of the Convention Center project at the Port.
Mayor Randels acknowledged that the County Library Program experienced a
$2 million cut.
A representative of the
Federation of Manufactured Homes asked if tracts of land near State Road I-95
could be used for affordable housing.
She also asked why
Ms. Roberts reminded of two
other aspects related to State Road A1A: 1) the 35 miles-per-hour speed limit
for safety purposes, and 2) to encourage bus shelters and benches. Commissioner Nelson informed that
Fall Beautification Award –
Mayor Randels called on Ms.
Judy Hale to present the Fall Beautification Award for
Multi-Family to Oceanside Palms Condominiums. Ms. Hale informed that the
landscaping was beautifully done and can be seen in the interior of the complex
and she encouraged the audience to visit the inner area. There was no representative from the
Condominium to receive the award. Mayor
Randels informed that the Beautification Board also recognized landscaping
efforts with a “We Noticed” award that was given periodically.
REPORTS:
City Council Members
Council Member Roberts
·
Ms. Roberts related that some residents reported how
the pond at McDonald’s was in need of cleaning.
·
Ms. Roberts made note that two themes that came up
during the Fall Community Festival were: 1) underground utilities, and 2) a
recycling program.
·
Ms. Roberts announced a League of Women Voters
Meet the Candidate’s forum on Thursday, November 1st at the Cape
Canaveral Library from 6 - 7 P.M. Mr.
Boucher suggested putting this announcement on the City web site.
·
Ms. Roberts asked for the status of the stop sign
at
·
Ms. Roberts noted that the City Manager would schedule
a
Council Member Nicholas
·
Mr. Nicholas encouraged expending funds from the
City’s recycling program for recycling education at the school.
·
Mr. Nicholas related how some residents had
expressed concern with speeding on
·
Mr. Nicholas stated that discussion at the
Beautification Board related to a Health Walk (Life Trail) in the Residence
Inn area. He requested coordination
between the City and the Residence Inn on the logo in order not to promote a
commercial venture. Mr. Boucher informed
that the Recreation Board would select the type of trail at their next
meeting. Discussion clarified that the
Health Walk was not an amenity for the hotel.
·
Mr. Nicholas questioned the hours related to
construction noise. Walter Bandish,
Acting Public Works Director, replied 7 A.M. to 7 P.M.
·
Mr. Nicholas asked if there were any progress on the
lights at the City sign. Mr.
Bandish responded that City staff had called an electrical contractor for
assistance however; the Port controls the sign area.
Council Member Petsos
·
Mr. Petsos referred to the staff task list
and asked the Council to assist the City Manager by prioritizing this list.
·
Mr. Petsos questioned when Brown and Caldwell
would address the Council related to the change orders on the Public Works
Maintenance Building. Mr. Boucher
replied that he would schedule this discussion after the Special Meeting on
November 8th.
·
Mr. Petsos announced that the Kiwanis Club was
sponsoring a Meet the Candidates Pancake Breakfast at
·
Mr. Petsos announced the
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog commended Robert Lefever,
Recreation Director on the success of the Fall Festival.
·
Mayor Pro Tem Hoog requested attention to a crack
in the Manatee statue before any further deterioration occurs.
Mayor Randels
·
Mayor Randels thanked Ms. Tammy Roberts from the
Hometown News for the
·
Mayor Randels informed that Mr. Ray Osborne was
working on seeking a
·
Mayor Randels acknowledged 59,481 practicing
attorneys in
·
Mayor Randels recognized the Community Appearance
Board and related on the Burger King application. He brought out that
the restaurant was asked to bring their new facility in harmony with the style
of the area. The application was then
approved and the Mayor recognized the Board’s positive efforts toward the City.
·
Mayor Randels noted that the City was seeking
information on bus shelters.
·
Mayor Randels asked for the status of the Seafarer’s
Ministry request to park Recreational Vehicles. City Manager would check on the status. Mayor Pro Tem Hoog reported that reduced
parking was available; however, free parking was discontinued due to misuse of
utilities. The reduced rate would require
them to pay their own utilities.
AUDIENCE TO BE HEARD:
·
Mr. Les Chenowith of
·
Ms. Joyce Hamilton thanked Robert Lefever for the Fall
Festival and reported that
·
Mr. Jim Hale informed that Ms. Andrea Rice
is the Cape View School Recycling Program Coordinator. Mr. Hale also informed that Ms. Vicki
Dugan from Keep Brevard Beautiful also speaks on recycling around the
County.
BOARD INTERVIEW:
Beautification Board –
Prospective Alternate Member
Bradley J.P. Varuska
Mr.
Bradley Varuska replied that all of the questions on his application were
answered true and correct to the best of his ability. Mr. Varuska related a story on what brought
him to
Mr.
Varuska responded to Ms. Roberts question on continuing the beautification in
the City that he enjoys the hometown aesthetic.
He expressed his appreciation for the Community Appearance Board in
maintaining that effort. Mr. Nicholas
stated that he was impressed with Mr. Varuska’s interview with the
Beautification Board. Mr. Petsos
informed that Mr. Varuska worked with the Relay for Life for the National
Cancer Society and has since assumed the role of its Chairperson for the Cocoa
Beach-Cape Canaveral area. Mr. Varuska
also works with the Kiwanis Club. Mayor
Pro Tem Hoog added that Mr. Varuska would be an asset to the City and the
Beautification Board.
Mayor
Randels noted that Ms. Paula Collins chose not to renew her membership on the
Board and thanked Mr. Varuska for his interest.
Mayor Randels concluded that a Resolution to Appoint Mr. Varuska to the
Beautification Board would appear on the next City Council meeting Agenda.
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of
2. Resolution No. 2007-30; Reappointing a Regular Member to the
Board of Adjustment: Jack Childs.
3. Resolution No. 2007-31; Reappointing Regular Members to the
Code Enforcement Board: James Hale,
Karen Hartley and Craig Stewart.
4. Resolution No. 2007-32; Reappointing A Regular Member and an
Alternate Member the Library Board: Dr. Tim Grady and Harry Pearson.
5. Resolution No. 2007-33; Reappointing a Regular Member to the
Recreation Board: Gene Petre.
6.
Proclamation to Acknowledge
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove the Consent Agenda item for discussion.
Ms. Roberts requested to remove Item No. 6 for
discussion.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Agenda Items No. 1 through 5.
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.
6. Proclamation to
Acknowledge
Ms. Stills explained that City Government Week was a time to
encourage the public to avail themselves to local government services. New residents would be encouraged to pick up Welcome Packets available in the City
Clerk’s Office and staff would introduce visitors on the use of the City Hall
kiosk desk that accesses information on City services.
Ms. Roberts commended City staff for their exemplary work.
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve
Consent Agenda Item No. 6. 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:
7. Motion to Approve: Street Paving Change
Order No. 2 to APAC-Southeast, Inc. in the amount of $60,595.26.
Jeff Ratliff, Assistant Public
Works Director, explained that this was a re-paving of the streets related to
the
Mr. Ratliff replied to Ms.
Roberts’ question related to the timeline that he anticipated completing the
project by the first week of November.
Mr. Nicholas asked if there were any other areas that they intended to
patch. Mr. Ratliff replied that the
company would return to complete the job in the
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Approve the Street Paving Change Order No. 2 to
APAC-Southeast, Inc. in the amount of $60,595.26. 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.
8. Motion to Approve: Sewer Force Main
Replacement Project – Change Orders No. 1, 2 and 6 Associated with the Sewer
Force Main Replacement Project in the Amount Totaling $96,972.99.
Mr. Bandish informed that the
firm’s representative was in the audience for questions. Mayor Randels asked
why Flowable fill was used. Mr. Bandish
explained how Flowable fill surrounded the pipes and he stated that a
directional-boor could not be done.
Mayor Randels questioned the change order. Mr. Bandish replied that the position of the
line was known; however, the depth was unknown which incurred an additional
cost. Mr. Bandish also explained the
difficulty of working with asbestos concrete pipes.
Mr. Petsos asked if the
contract stated that the City would pay for unknown circumstances. Mr. Bandish replied that to the best of his
knowledge other cities do pay for unforeseen circumstances. Ms. Roberts asked if updated drawings or maps
existed. Mr. Bandish responded the City
of
Mr. Steve Davies, Project
Engineer with Brown and Caldwell stated that these circumstances were termed
“unforeseen conditions” and explained how there were water and sewer mains in
the location and the firm could only well-point under the water line since the
standard is 18-inches of separation. Mr.
Davies stated that asbestos concrete provided no way of detection. Mr. Nicholas asked if a certain amount was
set aside for contingencies when they bid a contract. Mr. Davies stated that when the contractor
was made aware of unforeseen conditions, then they would submit their best
price. Ms. Roberts stated that any
anticipated risks should be discussed prior to the project onset in order to
avoid such unforeseen conditions.
Mayor Pro Tem Hoog asked if the
City was paying for the water break repairs in the
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to
Approve the Sewer Force Main Replacement Project –
Change Orders No. 1, 2 and 6 Associated with the Sewer Force Main Replacement
Project in the Amount Totaling $96,972.99.
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.
9. Motion to Approve: The 2008 Legislative
Priorities List for the
Mayor Pro Tem Hoog reported
that the Board on which he served discussed Home Rule, Fireworks Discharge,
Transportation Funding, Electronic Traffic Enforcement, the Florida Department
of Transportation and the Certificates of Public Necessity with the goal of
selecting the top three items. However,
the list in question would come from each municipality specifically. Mr. Petsos expressed that he would like to
continue beach re-nourishment. Ms.
Roberts pointed out that the City has gone on record requesting that the
Florida Department of Environmental Protection hear from the municipalities
prior to taking action that would impact a community. Ms. Roberts brought up property tax relief
for second homeowners. Mayor Randels
replied that property tax relief was under discussion with the State
legislature.
Mr. Boucher pointed out how
Annexation was laid aside due to property tax reform. Mayor Pro Tem Hoog related how the inner
communities appeared to not support the firework prohibition like the coastal
communities. Mr. Ray Osborne asked if
sustainable communities were a priority and he asked if
City Manager would submit the
Priority List based on Council’s discussion:
1) Municipal Home Rule
2) Beach Re-nourishment
3) Use of Cameras at Signaled Intersection for
Speeders
4) Firework’s Use Regulations
5) Transportation Improvement Funding
6) Certificate of Public
Necessity
No Other Action was Taken on This Item.
10. Motion to Approve: Proposals to Renovate
the
Mayor Randels stated how the
Building Official submitted calculations on the building refurbishment at a
cost of $8,500. Mr. Petsos based his
comments on the feedback that the City Manager received at the Fall Festival
for the Sheriff’s Office to occupy the building. He proposed a short interval of occupancy for
the Building Department. Mayor Randels
pointed out that the new building did not have adequate space for Building
Department staff. Todd Morley, Building
Official, explained how the lobby in the new building was substantially larger
and therefore gave the appearance of less workspace for staff. Ms. Roberts stated that she viewed the lobby
and found it sizeable and adequate for customers.
Mayor Randels reviewed the
proposed plan and made note of the space that would be unusable such as a
hallway and the drive-thru window. Mr.
Petsos suggested seeking an open floor space plan. Mr. Nicholas stated that an open plan would
prohibit an atmosphere conducive to plans review. Discussion brought out the point of using
more of the lobby area for staff.
Council members also discussed the expense in light of moving the
Sheriff’s Department in at a later time.
Mr. Boucher reported the need for additional funds to remove non-load
bearing walls, subsequent electrical work and the telephone and computer system
network. Discussion concluded on $25,000
for the refurbishment needs. Mr. David
Schirtzinger volunteered to assist with the demolition
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to
Approve the Proposal to Demolition and Renovation of
the 7510 N. Atlantic Avenue Building in an Amount Not to Exceed $25,000
from Governmental Impact Fees. 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.
11. Motion to Approve: Canceling the
Mr. Boucher requested to add
two items for discussion: change orders from Brown and Caldwell for the
maintenance building and the Employee’s Health Insurance Premium Renewals. Council approved by consensus to hear the two
the additional items.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Canceling the
12. Motion to Approve: North Central Ditch
Stormwater Improvement Project – Proposal to Install a Baffle Box System.
Jeff Ratliff, Stormwater
Administrator, explained how the intention of a wet retention pond had to be
changed. Rough calculations were
submitted to the Florida Department of Environmental Protection [DEP] and the
City was subsequently informed to consider another plan. DEP suggested an open channel and supported a
super Baffle Box adjacent to
Mr. Ratliff noted the cost of
the wet pond system at $524,000 and DEP was suggesting the baffle box system at
$353,000. DEP stated that the City would
receive the same water quality treatment for $150,000. Mr. Nicholas asked if an easement were needed
for the west baffle box. Mr. Ratliff
informed that he did not see how a baffle box could be installed on the
west. Mr. Ratliff stated that he would
return to DEP in order to reduce the cost to $315-to $320,000.
Ms. Roberts questioned what
would be done aesthetically in the north side of
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to
Approve the North Central Ditch Stormwater Improvement
Project – Proposal to Install a Baffle Box System. 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.
13. Motion to Approve: Master Agreement –
Intergovernmental Radio System (800 MHZ) and Advisory Committee.
Council agreed to sign the
Master Agreement for the Intergovenmental Radio System (800 MHZ).
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Approve the Master Agreement – Intergovernmental Radio
System (800 MHZ) and Advisory Committee.
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.
14. Motion to Approve: City Manager’s Annual
Evaluation.
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Table
This Item to November 8th. 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.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Extend the Meeting Until 10:15 P.M. 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:
15. Motion to Approve: Resolution No.
2007-34; Opposing Any Action by the Florida Department of Transportation to
Mayor Pro
Tem Hoog asked why the Resolution language only stated State Road 528. Council members agreed to amend the
Resolution language to read “any State roads”.
A motion was made to amend Resolution No.
2007-34 to read “Opposing Any Action by the Florida Department of
Transportation to Lease Any State Roads to Any Private Entity.” The vote on the motion to amend the
Resolution 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.
A motion was made by Ms. Roberts and
seconded by Mr. Nicholas to Approve Resolution No. 2007-34 as
amended. 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.
ORDINANCES: Second Public Hearing:
16. Motion to Adopt: Ordinance No. 06-2007;
Amending Chapter 2, the List of City Code Provisions Enforced through the Issuance
of a Civil Citation.
Mayor
Randels read the 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; SEVERBILITY; AND AN EFFECTIVE DATE.
Ms.
Roberts reminded that she had requested to see the Administrative processes
related to Civil Citations presented at the Second Reading. Mr. Boucher responded that the processes were
codified in the Ordinance; however, the form was an outstanding issue. Ms. Roberts stated that this Ordinance was
not tied to the Chronic Nuisance ordinance.
Mr. Boucher explained that the Council decided to set the Chronic
Nuisance aside in order to access the effectiveness of the Civil Citation
program and revisit it after the new year.
Ms. Roberts then used Fireworks as an example of a Citation Program that
was not actively used, and she did not see administratively where this
Ordinance would differ. Attorney
Garganese explained that the adopted form had a blank space in which the
Enforcement Officer could insert the code citation.
Mr.
Petsos questioned when the Council decided to set Chronic Nuisance aside. Mr. Boucher responded that it was his understanding
that the Council desired to set that issue aside. Mr. Petsos asked to see the minutes that
reflected the decision to set Chronic Nuisance aside. Mr. Boucher clarified for Ms. Joyce Hamilton
that alarm systems were under a separate Code section. Ms. Roberts brought out that there was no
proactive method to inform residents of an anticipated violation.
A motion was made by Mr. Nicholas and
seconded by Mr. Petsos to Adopt Ordinance No. 06-2007; Amending
Chapter 2, the List of City Code Provisions Enforced through the Issuance of a
Civil Citation. 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 reported that the sand bypass
project would begin in mid-November.
·
Mr.
Boucher asked if there were any interest in
pursuing a
Staff
Building
Official
·
No
report.
City
Clerk
·
No
report.
City
Attorney
·
Attorney
Garganese clarified that the Resort Dwellings ordinance was re-numbered from
Section 110-485 to Section 110-486 and Section 110-486 to Section 110-487. His
office contacted Municipal Code Corporation to make that correction.
ADJOURNMENT:
There being no
further business, the Chair adjourned the meeting at 10:24 P.M.
_________________________________
Rocky Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK