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:
Mayor
Pro Tem Bob
Hoog
Council
Member Leo
Nicholas
Council Member Buzz
Petsos
Mayor Rocky
Randels
Council Member Shannon
Roberts
City
Manager
City
Treasurer Andrea
Bowers
Public Works Director Walter
Bandish
REPORTS:
City
Council Members
Council
Member Roberts
·
Ms.
Roberts related a concern from the northeast City residents on the stop sign in the
·
Ms.
Roberts also related a resident’s concern of insufficient lighting at the following locations: 1) Chandler
Street, 2) the Cape Canaveral Library parking lot, which was noted at the Tree
Lighting Ceremony and 3)
·
Ms.
Roberts thanked Todd Morley for finding the information for the City to apply
for a “
·
Ms.
Roberts requested action tracking as
a method for Council actions documented at each meeting.
·
Ms.
Roberts requested City Customer Service
standards be established as well as a recognition program for employees to
be recognized for improving City programs and customer service.
Council
Member Nicholas
·
Mr.
Nicholas stated that the intent of the
stop signs on
·
Mr.
Nicholas referred to his previous suggestion of an electronic sign for City Hall and transferring the current City
Hall sign to the new building.
·
Mr.
Nicholas re-stated a previous concern related to the cracks in the new street paving.
Mr. Bandish replied that he was seeking a professional consultant to
verify the problem. The bid documents
did provide a warranty.
·
Mr.
Nicholas spoke about the red tide
and expressed the need for its control at the State level. He suggested gaining support through the
Florida League of Cities Legislation Delegation as a matter of public health,
safety, and welfare.
Council
Member Petsos
·
Mr.
Petsos questioned the status of the bus
shelters. Mr. Boucher replied that
he was seeking support from the Radisson Resort; however, grant funding was one
year away. Bus shelter installation on
·
Mr.
Petsos asked about a Master Schedule of
Projects to assist Council and staff with a prioritized list of the
upcoming projects. Mr. Boucher replied
that he would prepare a list for distribution in January.
·
Mr.
Petsos recommended that the City Manager
attend the next Library Board Meeting in order to allay their concerns
related to the Meeting Room usage. Mr.
Nicholas suggested a joint meeting with the Library Board. Mr. Boucher would seek a meeting with the
·
Mr.
Petsos reported on the low street light
wattage at State Road A1A and
·
Mr.
Petsos asked for a breakdown on the
Inmate Crew work. Mr. Bandish
replied that the crew performed landscape and beach-end clean up.
·
Mr.
Petsos requested to have the City
Manager’s report moved up on the Agenda in order to accommodate the
citizens. Council members agreed.
·
Mr.
Petsos went on record to address a
resident’s statement claiming that he was harassing her Resort Dwelling
guests. He stated that he built his record based on honest and ethical
principles and the comments were a fabrication. The resident sent E-mail to the
City Manager making the accusations and some residents were beginning to accept
what was said as true. Mr. Petsos stated
that there was no truth to the statements and he asked the City Attorney if
there was any recourse on his part. Attorney
Garganese stated that he would review the
E-mail and address the issue.
·
Mr.
Petsos wished everyone a Merry Christmas
and a Happy New Year.
Mayor
Pro Tem Hoog
·
Mayor
Pro Tem Hoog inquired about the lighting
on
·
Mayor
Pro Tem Hoog also inquired about the progress of the new Building Department building.
Todd Morley replied that the inmate crew completed the painting and he
anticipated moving into the building some time
in January.
Mayor
Randels
·
Mayor Randels reported that the Tourist Development
Council expressed an interest in sharing
one-third the beach rake cost with Cape Canaveral and
·
Mayor Randels announced that former Council Member Tony Hernandez moved his law office to
·
Mayor Randels reported that at the Brevard County
Metropolitan Planning Organization meeting, the City was recognized for the Safe Walk to Schools Forum.
·
Mayor Randels reported that he visited Ms. Gerry Cline, an 85 year-old, long
time resident and former Board member. She now resides at
·
Mayor Randels reported that the City received $1,887.50 in return funds through the Florida League
of Cities from companies who were operating without a Business License.
·
Mayor Randels informed that he initiated the Wildflower
License plate campaign. The Florida
Museum of Natural History now promotes the efforts and distributes brochures
that explain the benefits of the recent Wildflower
License Plate Foundation sales.
·
Mayor Randels stated that he was unable to provide Ocean Woods with clear-cut directions on how to
proceed with their request. Mr. Boucher
stated that Ocean Woods was a private development and the Florida Attorney
General’s opinion was that the City could not use utility funds to fix, repair,
and maintain a private system. Mr.
Boucher stated that the City would accept a roadway if it were up to the City’s
design standards.
·
if not, the development would incur the costs.
1. City
Manager
·
Mr.
Boucher informed that the Florida League of Cities has a Green City Resolution which would be on the next Agenda. He
commented on the labor-intensive application.
·
Mr.
Boucher reported that the final left
turn lane signal for
·
Mr.
Boucher commended the Recreation Department on the Tree Lighting Ceremony and the Reindeer
Run with 490 participants.
·
Mr.
Boucher reported that the Recreation
Coordinator was hired.
·
Mr.
Boucher reported that the Finance Department was making progress with the new financial software. He thanked the
Council for the investment.
·
Mr.
Boucher reported that he had not heard from the County on assuming
·
Mr.
Boucher stated that the Council would need to schedule a Capital Improvement review meeting.
·
Mr.
Boucher reported that City of
·
Mr.
Boucher reported that the Recreation Director purchased the new life trail and received a $500 discount for
purchasing before December 31st. Brochures
were available on the trail equipment.
·
Mr.
Boucher replied to Ms. Roberts that he would return to Council with a Resort Dwelling status report when
his Assistant returned from vacation.
·
Mr.
Boucher commended the Public Works
Department on the Christmas decorations.
·
Mr.
Boucher reported that the Public Works
Maintenance building was still in progress.
·
Mr.
Boucher stated that he would report to the Council once the City hears from the
Florida Department of Environmental Protection [DEP] related to heavy metal testing. Mr. Boucher explained how if the City were
enforced by DEP to keep water from flowing into the river, the Port would need
to improve their ASR system.
·
Mr.
Nicholas inquired about drainage improvements in the Port area. Mayor Randels
replied that this was related to a gravity filtration
pond system.
·
Ms.
Roberts mentioned that John Grandlich,
of
AUDIENCE TO BE HEARD:
·
Mr. Rich
Emerson,
President of the Ocean Woods Homeowners’ Association, stated that Ocean
Woods residents desired clear direction from the Council to transfer their
sewer line maintenance to the City. They
desired an answer possibly in writing and he stated that if easements were
required, residents would consider them.
Mr. Nicholas recommended a response from the City Manager and the City
Attorney. Mr. Petsos stated that, given
the Attorney General’s Opinion, the City was unable to allow for the
easements. Mr. Emerson contended that
easements were legal agreements. Mayor
Randels concluded that Mr. Emerson would hear from the City Manager and City Attorney.
·
Mr. Ray Osborne addressed the Council and expressed the desire to draft
a survey to uncover if there were any other City events in which there were
community interest to preserve City history. He suggested an Annual Heritage
Day at
·
Ms. Joyce Hamilton distributed papers related to Sheldon Cove and Mermaid
Key. Ms. Hamilton referred to the lack
of a traffic light in the Mermaid Key area and the possibility of installing
one to assist that area.
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of
2. City Council Special
Meeting Minutes of
3. Amendment to the Collective Bargaining Agreement with
the International
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove a Consent Agenda item for discussion.
Ms. Roberts requested to remove Item No. 1.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve Consent Agenda Items No. 2 and 3. 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
Ms. Roberts stated that there
was an assumption that advisory board resumes were on file with the City;
however, Board Member applications are on file, not resumes. Mayor Randels concluded to amend the word
resumes on Page 8 and insert applications.
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to
Approve Item No. 1 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.
CONSIDERATIONS:
4. Motion to Approve: Canceling or Rescheduling of the City
Council Regular Meeting on
Ms. Roberts requested to
reschedule the meeting for another time during the same week or in the
following week.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Approve Canceling the City Council Regular Meeting on
Ms. Roberts suggested
re-scheduling the City Council Meeting for Thursday, January 3rd or
Tuesday, January 8th. Mr.
Boucher informed that most of staff was on vacation during the week prior to
Tuesday, January 3rd. Ms.
Roberts expressed concern with waiting until January 15th for a
meeting in light of the number of City projects under discussion. Mr. Petsos stated that holding the meeting on
the 15th would provide the City Manager time to return with a Master
Schedule of Projects.
A motion was made by Ms. Roberts to Reschedule the City Council Regular
Meeting to January 8th. The
motion failed for lack of a second.
5. Motion to Approve:
Annual Evaluation of Waste Management.
Mr. Petsos expressed his favor with the company’s
work and continued communication with City staff. Ms. Roberts questioned the specific
evaluation ranges. Mr. Boucher informed
that Kim McIntire developed the evaluations which were intended to track the
new cart system. Ms. Roberts requested to see the evaluations from some other
municipalities. Mr. George Geletko
informed that the cities of
Ms. Roberts requested to see documentation of the
company’s steps toward improvement in order to continue to improve the
evaluation process. Ms. Roberts
addressed the degree of acidic residue was causing deterioration of the
pavement in some condominium communities.
Mr. Brian Thornton, District Manager with Waste Management, stated that
he would review this issue with the drivers.
Ms. Roberts also addressed the possibility of deodorizing the
dumpsters. Mr. Geletko stated that
bleach in the dumpster periodically would effectively sanitize them. Mr. Thornton replied to Mr. Nicholas that the
drivers could place crystals in the dumpsters which they carry onboard their
trucks. If the container needed
replacement, a replacement tag was placed on it for identification. Mr. Geletko informed that Waste Management
also provides deodorizing crystals to the restaurants. Mayor Randels concluded on the overall favor
with the firm’s work.
A motion
was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the Annual
Evaluation of Waste Management. 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. Motion
to Approve: Mermaid Key Site Plan Compliance Period Extension Request.
Mr. Boucher explained that at the City Council
Meeting on December 4th, concerns were addressed related to the
Compliance Period Extension Request.
Todd Morley, Building Official, informed that he received a Lighting
Plan. He stated that since the City had
no standard, he was agreeable with the plan since it met the Planning and
Zoning Board’s intent. Mr. Boucher
reported that Attorney Timothy Pickles submitted a letter from Wachovia Bank
confirming that Mr. Martin Greene had submitted an application for a Letter of
Credit in the amount of $109,283 on
The Chair
stated for the record that discussion would proceed to Item No. 7 prior to a
Motion on Item No. 6.
Council
returned to Item No. 6. [10:15 P.M.]
Attorney Garganese clarified the Mermaid Key Site
Plan Extension date of March 31st.
A motion
was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the
Mermaid Key Site Plan Compliance Period Extension Request with the Conditions
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.
7. Motion
to Approve: Sewer Line Relocation
Agreement with Mermaid Key, LLC.
Attorney Garganese stated that the developer needed
the City to relocate a sewer line; therefore, the developer would grant the
City a perpetual Sewer Line Easement in a form acceptable to the City. The City would contract for the engineering
construction of the sewer line easement relocation and the City would advance
the cost for that sewer line relocation.
In order to provide security for the City’s advanced cost, Mermaid Key
would provide a Letter of Credit in the amount of $109,283.
In the event that Mermaid Key does not make payment
within a certain time period, then the City would have the right to demand
payment from the bank. If there were any
change orders, Council would have the right to approve those change orders
outlined in Subparagraph (b).
If the Letter of Credit was not received, then what the Council approved at
this meeting was null and void. Ms. Roberts questioned the contractor’s
status. Mr. Bandish replied that the
contractor would be willing to delay; however, he was not aware of any cost
changes because of a delay. Ms. Roberts
registered her concern with the City advancing the development payment for the
sewer line relocation at the taxpayers’ expense.
Ms. Roberts also registered a concern on Page 2,
Section (2)(c) of the Relocation Agreement based on its subjective language of,
“reasonable” written change orders and “prompt” notice. Andrea Bowers, City
Treasurer, brought out that the money retained, the 10 percent or, $100,000,
was for the City’s purposes, not for Mermaid Key. Attorney Garganese stated that conditionally
the Letter of Credit would need to be delivered and all was conditional with
that delivery. Attorney Pickles spoke on
the reasonableness of the approval and requested a change for delivering the
Letter of Credit from December 19th to no later than January 7th.
Ms. Roberts re-stated her concern with advancing
funds and stated that the City was not setting a good precedent. Discussion followed on the need to continue
with the repair of a major City sewer line.
Mr. Boucher stated that he cautioned Mr. Greene that if the Site Plan
expired there was no guarantee that he would obtain approval, relative to the
sewer line relocation, at a later time.
Mr. John Gedney asked who would sign the Letter of
Credit. Attorney Garganese replied the
owner of Mermaid Key and the bank.
Attorney Pickles stated that the Mr. Greene’s signature was already on
the application for the Letter of Credit.
Discussion followed on any advanced fund draws prior to payment. Ms. Roberts re-stated her concern of the
subjective language in Section (2)(c) which would leave the City subject to the
developer’s interpretation of the terms “reasonable” and “prompt.” Mr. Boucher recommended stating, “the
developer shall be responsible for reimbursing the City for any additional
costs or written change order reviewed by the City Engineer.”
Discussion followed on types of mechanisms that the
City could use such as, withholding any permits or further development orders
until the debt was paid. Mr. Boucher
recommended the language, “the City would present the proposed change order
within 24-hours of receipt as approved by the City Engineer.” Discussion continued on how to approach any
change orders above the $109,283 prior to the developer’s payment. Attorney
Pickles stated that withholding the Building permit if any changes orders were
not paid was a security action on the City’s part. Attorney Pickles stated that
the Council was establishing conditions of the Site Plan extension approval;
however, he would need to confer with Mr. Greene.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Extend the Meeting until 11:00 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
Attorney Garganese referred to a black-lined version
of the payment section which stated that the payment of $109,283 be no
earlier than March 24th and no later than March 31st. He recommended changing the no later than
date to March 28th.
Attorney
Garganese stated these Amendments:
Payment of the Sewer Relocation Agreement would be
approved with the following amendments:
·
Mermaid Key
would be responsible for any interest that the City incurs on any draws at a
rate of 8.25%;
·
Mermaid Key
would be responsible for change orders reviewed and approved by the City
Engineer;
·
Mermaid Key
would pay for any Change Orders within 30 days of that approval;
·
If Mermaid Key
does not pay within that time period, there would be language within this
Agreement that says the City has the right to withhold any future development
permits or revoke any existing development permits;
·
In addition, the
City will have the right to Lien the property for any amount on any change
order;
·
Obtainment of
$109,283 will be due the City no earlier than
·
In addition, if
the Council approves this Agreement, it would be contingent upon the Letter of
Credit delivered to the City, in a form acceptable to the City, no later than
end of business day,
·
If the Letter of
Credit was not delivered by
Attorney Pickles affirmed his understanding of the
Amendments. Discussion followed on a time
for Mr. Greene’s consent with the Agreement.
Mayor Randels stated 48-hours, or by
A motion
was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Sewer Line
Relocation Agreement with Mermaid Key, LLC as Amended. The
vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, Against.
8. Motion
to Approve: Dedication of a 10-Foot Wide
Sanitary Sewer Easement Within the Mermaid Key Revised North Parcel.
Mr. Nicholas questioned if this
would abandon any easements. Mr. Boucher
replied that it did not.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
the Dedication of a 10-Foot Wide Sanitary Sewer Easement Within the Mermaid Key
Revised North Parcel. 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 Proposal to Provide Engineering Services for the Relocation of the
12-Inch Force
Mr. Boucher stated that
approval of this item was contingent upon a signed Letter of Credit on or
before
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve
the Proposal to Provide Engineering Services for the Relocation of the
12-Inch Force Main Due to the Mermaid Key Development. 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.
10. Motion to Approve: Change Order Proposal to Relocate the
12-Inch Sewer Force
Mayor Randels clarified that the above-stated
contingency applied to this Item as well.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Change Order Proposal to Relocate the 12-Inch Sewer Force
RESOLUTION:
11. Motion to Approve:
Resolution No. 2007-40; Adopting the Evaluation and Appraisal Report for
the Comprehensive Plan and Providing for the Transmittal to the Florida
Department of Community Affairs.
Todd Peetz, City Planner,
recounted the Community meetings, Planning and Zoning Board Meetings and City
Council meetings that led to this submittal.
Mr. Peetz informed how every seven years the City was required to review
its Comprehensive Plan. Mr. Peetz stated
that the City should anticipate the EAR’s return some time in February, and
would then have an additional 18 months to address any concerns. Mr. Peetz
expressed his willingness to work with the Council to include any of their
concerns and to correct any typographical errors in the draft document.
Ms. Roberts expressed her
concern that a number of Council’s changes might not have been included. Council did not have an opportunity for a
second draft review. Mr. Peetz re-stated his willingness to ensure that the
document was complete for submittal to the Department of Community Affairs
[DCA]. Discussion followed on ensuring
that the City submits its best product effort.
Mr. Peetz stated that DCA desired for the City to use the data analysis
to ensure that the City was achieving the Goals, Objectives and Policies of the
Comprehensive Plan.
Mayor Randels read Resolution
No. 2007-40 by title.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL
REPORT (“EAR”) FOR THE COMPREHENSIVE PLAN OF THE CITY OF CAPE CANAVERAL,
ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE TRANSMITTAL OF THE EAR TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE.
Ms. Bea McNeely, Planning and
Zoning Board Chairperson, stated that the Board may not agree with every change
that Ms. Roberts presents and therefore they would get another opportunity for
review. There was no further comment.
The City Attorney advised since this document was forwarded to another
Agency that those changes become a separate document for Council’s review.
A motion was made by Mr. Nicholas and seconded Mayor Pro Tem Hoog to
Resolution No. 2007-40 with the Provision that Ms. Roberts be Given the
Opportunity to Meet with the City Planner, Todd Peetz and Give Her Input to the
Document Forwarded to the Florida Department of Community Affairs. The vote
on the motion carried 5-0 with voting as follows: The vote on the motion carried 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:
12. Motion to Adopt: Ordinance No. 11-2007; Adopting Amendments to
the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund,
Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year
Ending
Mayor Randels
read Ordinance No. 11-2007 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; ADOPTING THE
AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER
UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE
FISCAL YEAR BEGINNING
There
was no public comment.
A motion was made by Mr. Nicholas and
seconded by Mr. Petsos to Adopt Ordinance No. 11-2007 at second reading. The vote on the motion carried 5-0 with
voting as follows: The vote on the
motion carried with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Randels, For, and Ms. Roberts, For.
DISCUSSION:
13. Revenue
Sources Eligible for Debt Pledge.
Mr. Boucher
explained how what was presented was an example of the types of pledges
available for the list of Council’s anticipated projects. Mr. Nicholas asked if anything was pledged to
which Ms. Bowers responded that the City’s pledged revenue at this time was in
the Sewer Department. Brief discussion
brought out that the ½ cent Sales Tax, Local Option Gas Tax, Franchise Fees,
and Utility Tax were some of the larger revenues. Mr. Nicholas stated that the City would need
to consider floating a bond to go forward with its Capital Improvement
projects; however, a pledge was needed.
Ms. Bowers related that she had previous discussions on this subject
with the Florida League of Cities.
REPORTS:
2.
Staff
City Treasurer
·
No
report.
Building Official
·
No
report.
City Clerk
·
No
report.
City
Attorney
·
No
report.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:55 P.M.
_________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK