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.
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
Public Works Director Walter Bandish
Assistant Public Works
Director Jeff Ratliff
City Planner Todd
Peetz
PRESENTATIONS:
Mayor Randels called on Elizabeth Mars, Beautification
Board Member, to recognize the winners of the Holiday Awards. Ms. Mars acknowledged Dr. Christine Storts,
of
2007 Reindeer Run Proceeds Check to United Way of
Mayor Randels acknowledged
that the Recreation Department assumed race directorship for the City’s 12th
Annual Reindeer Run. Robert Lefever,
Recreation Director, expressed thanks to the City’s volunteers, City Staff and
Ms. Bethanne Hull from
Three-Star Community Event Partners:
Canaveral Industries, Inc.
Protective Coatings – Jim Morris
ITT Engineered for Life – Steve Wojcicki
Major Sponsors:
Greene International Real Estate, Inc. – Susan Key and Ashley Taylor
Blue Note Publications – Paul Maluccio
Clear Channel Outdoor – Lorna Dubin
Brown, Garganese, Weiss & D’Agresta – Anthony
Garganese
Waste Management Inc. – George Geletko
Bright House Networks – Jim Platman
Lite Rock 99.3 FM – Mike Lowe & Mindy Levy
Mr. Lefever stated that the
2007 Reindeer Run set a new record with 488 runners. The Recreation Department has made a goal to
set a new record of 550 runners and $20,000 in proceeds for the 2008 race. Mr.
Lefever presented a check for $17,231.71 toward the 2008 campaign to Ms. Alicia
McCoy representing
REPORTS:
City
Council
Council
Member Roberts
·
Ms. Roberts
questioned the status of the beach rake
project. Mr. Boucher replied that he
would meet with the Cocoa Beach City Manager on Friday, January 18th
to develop an Equipment Use Agreement.
He stated that he could return with a draft Agreement; however, the
Agreement would also need review by the Cocoa Beach Commission. Ms. Roberts reminded of the concerns related
to seashells, the natural dunes and the sea turtle nesting grounds.
·
Ms. Roberts
suggested a State of the City Report to
enable the City to celebrate what was accomplished in the previous year. This
would provide feedback to the residents on the City’s accomplishments.
Mr. Boucher responded that staff could compile their quarterly reports
for a comprehensive annual status report.
·
Ms. Roberts
questioned the status of the mast arm
left lane signal on
·
Ms. Roberts
brought up the Master Status of Projects
list. Mr. Boucher replied that he would
schedule a workshop meeting for this subject.
·
Ms. Roberts
related the concerns of the red tide,
soot and fuel emissions, especially red tide in light of its impact to coastal communities. Ms. Roberts proposed a more expansive
environmental ordinance that would be inclusive of air and water quality.
·
Ms. Roberts
mentioned action tracking as a
method to review the areas in which Council needed to take action.
·
Ms. Roberts
brought out residents’ concerns for a disaster
preparedness plan related to incidents other than hurricanes, for example,
incidents related to Homeland Security. She also mentioned a cell phone call
back capability as well as posting this information on the web site.
·
Ms. Roberts
brought out the need for a City Master
Plan to include: a Lighting Plan, a Sidewalk Plan, a Bikeway Plan, a
Streets Improvement Plan, a Crosswalks Plan, a Stormwater Plan, and a Bus
Shelter Plan as specific plans within a Master Plan. Ms. Roberts stated that this would serve as a
template for future Councils.
·
Ms. Roberts
questioned the “Green Cities” Resolution. Mr. Boucher informed of the $1,500
application fee as well as the substantial amount of staff time involved in the
process. Mr. Bandish stated that the
program would require a
full-time staff person, similar to the Stormwater program
·
Ms. Roberts
requested a Resort Dwellings status
report. The City Manager’s office would
provide that information.
Council
Member Nicholas
·
Mr. Nicholas
spoke on red tide and noted an
article he read that addressed red tide due to pollution in the
·
Mr. Nicholas
stated that he previously brought up transferring the existing City Hall sign
to the new building and purchasing an electronic
sign for City Hall in the future under the new Sign Code.
·
Mr. Nicholas
questioned if the City had intersection
surveillance cameras installed.
Discussion disclosed that a motion-sensor was installed while the
Florida Department of Transportation was performing work. Mr. Nicholas stated that the Council should
be informed if this had become a permanent fixture. Mr. Boucher replied that he would have them
removed.
·
Mr. Nicholas
asked how many political signs were
allowed on a residential lot. Attorney
Garganese stated that Council has not adopted a Sign code that would limit the
number of temporary signs on a residential lot.
·
Mr. Nicholas
requested the portion of the Waste Management contract that referred to deodorizing the roll-off dumpsters.
·
Mr. Nicholas
questioned if the funds set aside for a
traffic light in the Seaport area were transferred to the intersection
refurbishment. Mr. Boucher stated that
the funds were available.
Council Member Petsos
·
Mr. Petsos
referred to a letter from Mr. Ray Osborne to the Council related to a Heritage Day event on February
16th. Mr. Petsos suggested that the City
help the advertising with flyers, posting on the City Hall marquee and on the
City web site. Mr. Osborne explained that
the function will be co-sponsored by the Brevard Library and would be held at
the Cape Canaveral Library. He asked if
the City would allow him to use
·
Mr. Petsos
announced a Sea Oat Planting project
on February 16th at 8 A.M. in
·
Mr. Petsos
brought out how City tax funds have
been going to the County without retribution.
He reminded that Commissioner Nelson promised to return with information
during his previous Council address; however, he had not done so to date.
·
Mr. Petsos
inquired about the turn signal in the
Puerto
·
Mr. Petsos
wished the audience a Happy New Year.
Mayor Pro
Tem Hoog
·
Mayor Pro Tem
Hoog addressed the
·
Mayor Pro Tem
Hoog reported from the Space Coast League of Cities meeting that the Resolution requiring the State to inform
cities prior to issuing permits to utilities was second on the League’s
priority list.
Mayor
Randels
·
Mayor Randels
reported that the Friends of the Library
raised $3,773.40 from their most recent book sale.
·
Mayor Randels
announced that Cape Canaveral was
recognized as a
·
Mayor Randels
asked if the City returned the grant
from the
·
Mayor Randels
inquired if Cape Canaveral would like to assume the Farmer’s Market previously hosted in
·
Mayor Randels
informed that the
·
Mayor Randels
reported on the Rail-Trails Project.
The State took ownership of the longest Rail-Trail in
·
Mayor Randels
informed of how the St. Johns River Water Management District planned to regulate the use of reclaimed water. Mr. Petsos asked Mr. Boucher and Mr. Ratliff
to provide research on their intention.
City
Manager
·
Mr. Boucher thanked Robert Lefever and the
Recreation Department staff for their work on the
·
Mr. Boucher informed that he was working on
an updated version of the Business Survey from the
·
Mr. Boucher informed that he held the
kick-off meeting with Communication Concepts Inc. related to an updated City
video with a live, work and play theme.
·
Mr. Boucher reported that the Florida
Department of Community Affairs received the Evaluation and Appraisal Report. It was under their review.
·
Mr. Boucher reported that he heard from the
Florida Department of Environmental Protection and the City’s National
Pollution Discharge Elimination System Permit Stormwater Permit renewal was
accepted and under review.
·
Mr. Boucher reported that Mr. Ratliff met
with 20/20 media on the bus shelters. He received a package of potential
sites and they would evaluate the data and return with a proposal.
·
Mr. Boucher stated that a Reserve Fund
Policy Ordinance would be on the next City Council Agenda.
·
Mr. Boucher reported that quarterly
reports were attached to the Agenda Packets. He encouraged Council to contact him if there
were any questions.
·
Mr. Boucher stated that Council needed to clarify
the theme of the Oral History Project.
Discussion followed on how far back in time to seek for individuals who
could contribute to the project. Richard
Thurm and Roger Dobson were some individuals named to include in the
history. Mr. Boucher informed that the
National Public Radio [NPR] was in the
·
Mr. Boucher announced the upcoming scheduled
Workshop meetings: a joint Code
Review meeting with the Planning and Zoning Board on Tuesday, January 22nd
at 5:30 P.M.; a joint Chronic Nuisance meeting with the Planning and Zoning
Board on Thursday, January 24th at 5:30 P.M.; and a meeting on
January 31st at 5:30 PM regarding the new sign ordinance. Mr. Petsos
stated he could not attend the meeting on January 24th and Ms.
Roberts stated she could not attend the meeting on January 31st..
·
Mr. Boucher reported on the double
taxation issue as addressed by Mr. Petsos.
He stated that by law counties could not assess more than half the
millage assessed on the unincorporated areas. Mr. Boucher informed that
Representative Stan Mayfield of
AUDIENCE TO BE HEARD:
·
Mr. Ray Osborne
asked if the City would be an official co-sponsor of Heritage Day. Mayor Randels
clarified that the City would assist with advertising only. Mr. Boucher encouraged Mr. Osborne to review
the City public calendar and utilize one of the established events for his
venue.
·
Mr. Osborne
offered to assist with the City’s Oral
History Project.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Cooperative Purchase of Stormwater
Baffle Box Cleaning Services.
Mayor Randels questioned if any Council member, staff
or interested party desired to remove any of the items for discussion.
Ms. Roberts requested to remove Item No. 2 for
discussion.
A motion
was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog 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.
2. Cooperative
Purchase of Stormwater Baffle Box Cleaning Services.
Mayor Randels reviewed the
costs for this Baffle Box Cleaning Service at $8,200, at $1,366 per box plus
travel expenses, for a total of $9,130.
Mr. Ratliff stated the intent of keeping the baffle boxes clean on an
annual basis. Mayor Randels stated that
this was a budgeted item. Ms. Roberts
asked if the City had received any performance references for Shenandoah Construction
Company from the Broward County School Board.
Mr. Ratliff stated that he had not; however he contacted Miller Pipeline
that gave them a high recommendation.
Ms. Roberts asked if all of the City’s baffle boxes were first
generation. Mr. Ratliff affirmed.
Ms. Roberts recommended
planning forward to establish a baffle box replacement schedule. Ms. Roberts asked if the City had an adequate
number of baffle boxes. Mr. Ratliff
stated baffle boxes existed for the major lines; however, there were none on
the smaller lines but they could be installed as needed. Ms. Roberts referred
back to the Master Plan and the need to identify where future boxes would be
needed. Mr. Ratliff informed that the remaining boxes, which were on Florida
Department of Transportation lines [FDOT], were an anticipated discussion for
funding with FDOT. Mr. Ratliff concluded
the discussion saying that the project would begin immediately.
A motion
was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Consent Agenda
Item No. 2 in the amount of $9,130. 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:
3. Motion
to Approve: Interlocal Agreement for Public School Facility Planning.
Todd Peetz, City Planner, stated that Mr. Dane
Theodore, School Board’s Facility Planning Director, was available to answer
questions. Mr. Peetz summarized that
when Growth Management was introduced in 1985 and adopted in 1990, School
Concurrency was not one of the Concurrency requirements. Concurrency means services that are in place
at the time of development. Mr. Peetz
stated that disconnect was noted in the quality of schools between 1990 and
2000. In 2004, the State legislature mandated that all local governments have a
School Concurrency element in their Comprehensive Plan by
Mr. Peetz outlined the commitments that were not
presently in the Agreement which were: 1) a School Facilities Element as a
Comprehensive Plan Amendment, 2) recognition of a School Facilities Element in
the City’s Land Development Regulations, 3) notifying the School Board for
review of residential construction which impacts that School District, 4)
sharing information with the School Board related to population projection and
development trends, and 5) maintaining a data base that the City would submit
annually
in October.
Mr. Peetz outlined the three working groups as: a
staff working group, an annual meeting with elected officials with a
representative from the City in attendance, and a Capital Outlay
Committee. The primary impact would be
an additional step in the approval process resulting in a letter from the
School Board stating that there is capacity and if not, the School Board would
work with the application to ascertain when capacity would become
available. Finally, the current school
population status would need to fall within the 100 percent range, whereas
Mayor Randels questioned if “soft districting” would
occur. Mr. Dane Theodore, Director of
Planning and Project Management for the
Mr. Theodore referred to the Mayor’s question on
soft re-districting. He explained that the
School Board and the local municipality come to an agreement on potential
growth. Mr. Theodore stated that
agreement was needed to accommodate existing over capacity situations or move student
to where capacity exists and this was done through re-zoning. Mr. Theodore stated that even after meeting existing
capacity, population growth required new schools to meet additional
capacity. Data analysis was included in
the Agreement to show that the School Board was financially capable.
Mr. Nicholas expressed his concern that the
methodology was based on hypothetical data since the number of students was
established prior to construction. Mr.
Theodore explained that the student generation rate was used in the school
impact fee study. The rate was a
countywide average and
Ms. Roberts inquired about the term “houses” and
asked if that included every unit of living. Mr. Theodore referred to Page 46
of the data analysis which showed a student generation multiplier with Single
Family at .38, Condominiums at .06, Mobile Homes at .02 and Multi-Family at
.36. He explained that it would take16
condominiums to generate one student whereas three single-family homes would
generate one student.
Ms. Roberts questioned the philosophy and asked if
best practice guidelines were employed.
Mr. Theodore replied that the State used six lead Counties to form a
template and conferred with the Central Florida School Boards Coalition in
order to remain consistent. He stated
that the legislation was a State statute, inclusive of 67 counties, and using the
State as a model for best practices was thought best. Ms. Roberts expressed her concern and that of
others in the State of not referring to other States for best practices.
Ms. Roberts noted that a timeline exists for both the
City and the developer, and both would be subject to outside agencies before
making their decisions. Mr. Theodore
replied that a 10-business day timeframe was established for decision-making
purposes. Ms. Roberts stated that the
policy would leave the City vulnerable to the discretion of outside
agencies. She also asked if the student
transfer was a voluntary action. Mr.
Theodore replied that soft re-districting would impact new students only.
Ms. Roberts stated that the County would benefit
from a more customer-focused approach with the Agreement stating that a
generalized approach was indicative of a prevailing donor status from the
municipalities to the County. Mr. Petsos
stated that he had no problem with the Agreement for the community or the
developers.
Mr. Theodore stated that the Florida Department of
Community Affairs [DCA] has a March 1st deadline for municipalities
to adopt the element. He stated that if
it were not signed by March 1st then DCA would not approve any
Comprehensive Plans that have increased residential density. Mr. Theodore
replied to Ms. Roberts that he had no idea if time-shares were included in the
demographics. He stated that if the
Council planned to take action, he encouraged staff to confer on any exemptions
to the Agreement such as time-shares.
Attorney Garganese asked if Mr. Theodore was
attempting to adopt one Agreement. Mr.
Theodore affirmed that he was. He stated
that any changes would need approval from the other cities as well. Attorney Garganese inquired about the draft
element and said if the Council adopted the Agreement, when would the Land
Planning Agency have the draft elements for review? Mr. Peetz replied by the second meeting in
March with a 60-day review by DCA would allow for review in May and adoption
prior to December 1 deadline.
Attorney Garganese also inquired about the Land
Development Regulations. Mr. Peetz
replied that the Land Development Code would require an amended provision in
Chapter 86. Discussion followed on the
allowable change-of-use status for a resort dwelling and the subsequent
concurrency evaluation requirement. Mr.
Theodore concluded that he would be glad to clarify that resort dwellings are
commercial and not subject to the concurrency review in a clean-up amendment.
Ms. Roberts stated that she was not in support of
the Agreement as presented. Mr. Theodore
stated that if there were an issue over resort dwellings; then he encouraged
the Council to approve the Agreement with a condition. He stated that he could return and confer
with staff and come to an agreement after which the other cities would also
need to approve it. Mr. Theodore said
that the City of
Mr. Theodore stated that an aggregate clean-up
amendment would incorporate every city’s amendments and lead to a consistent Agreement. Attorney Garganese replied to Mr. Nicholas
that opting-out was not a provision. Mr.
Peetz reminded that the City would need to adopt a school concurrency element
as a DCA requirement prior to December 1st. Ms. Roberts stated that she thought school
concurrency would be approached in a customized manner as part of the
Comprehensive Plan review.
Mr. Peetz stated that there was much coordination
among the cities during the development Agreement process. He stated that
Mr. Nicholas asked if the Council could
provisionally accept the Agreement with the stipulation. Attorney Garganese advised the Council to
accept the Agreement. Attorney Garganese
reminded that one of the DCA sanctions was if the City failed to meet the
adoption deadline, then the City could not adopt any future Comprehensive Plan
Amendments without a School Concurrency element.
An
amendment to main motion was made by Ms. Roberts and seconded by Mr. Nicholas
to Recommend that the Agreement be Clarified to Specifically Address Resort
Dwellings and Resort Condominiums. 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. Petsos and seconded by Mayor Pro Tem Hoog to Approve the
Interlocal Agreement for Public School Facility Planning. 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. Petsos and seconded by Mayor Pro Tem Hoog to Extend the
Meeting to 10:30 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.
4. Motion to Approve: FPL Engineering
Deposit for
Mr. Tom Kunz, Customer Manager with Florida Power
and Light [FPL], covering the governmental customers, addressed the Council and
stated that interest in burying power lines was initiated due to
hurricanes. Mayor Pro Tem Hoog expressed
the desire to move proceed with the
Mr. Kunz explained that obtaining easements, the
most time-consuming part of a conversion, would take more than 180 days. The upfront engineering fee would be applied
to any costs. The project would need to
start within the 180 days. Discussion
followed over financing. Mr. Kunz replied to Mayor Randels that directional
booring would not disrupt the storm drains.
Mr. Boucher asked if the
Ms. Roberts stated that the North Atlantic residents
anticipated improvements in that area and the City should be clear about its
Master Lighting Plan, identify which streets would be addressed, and proceed in
a phased-in approach. Discussion
concluded to schedule a Workshop in February to address planned improvements
for the City’s three major road arteries:
No Action was taken on the Item.
RESOLUTIONS:
5. Motion
to Adopt: Resolution No. 2008-01; Urging
the Members of the
Mayor
Randels read Resolution No. 2008-01 by title.
A RESOLUTION OF THE CITY OF
There
was no further discussion on this item.
A motion was made by Mayor Pro Tem Hoog and
seconded by Ms. Roberts to Adopt Resolution No. 2008-01. 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:
Staff
Public
Works Director
·
No
report.
Assistant
Public Works Director
·
No
report.
Building
Official
·
No
report.
Recreation
Director
·
No
report.
City
Clerk
·
No
report.
City
Attorney
·
Attorney
Garganese stated that Mr. Hans Saurenmann initiated legal proceeding in the
Circuit Court. The City applied for a
temporary injunction in Circuit Court in order to gain compliance from Mr.
Saurenmann related to him building an accessory structure without a permit. Mr. Saurenmann subsequently submitted a
three-count, counter-claim seeking declaratory relief regarding the City’s
rights to easements that go across his property, that the City is trespassing
on his land with regard to a stormwater facility which is located on his
recently acquired property, and for damages.
The City’s insurance carrier would subrogate the defense of the
counter-claim and any inter-related action that the City originally filed.
·
Attorney
Garganese explained that he spoke with the Attorney with Compass Bank who gave
verbal assurances to sign a Joinder agreeing to the new Sewer Utility Easement
with a few minor changes to the document.
The City needs a fully executed easement from Mr. Greene and the Bank
for recording, after which the City would proceed with the work. Attorney Garganese affirmed that the City did
receive the Letter of Credit related to the funds for relocating the sewer
line. Ms. Roberts stated this was a Breach of Faith on Mr. Greene’s part with
the City due to lack of full disclosure of the Foreclosure action and she
requested to place this on the upcoming Agenda.
ADJOURNMENT:
There being no further
business, the meeting adjourned at 10:45 P.M.
______________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK