CITY
COUNCIL REGULAR MEETING
CITY
HALL ANNEX
THURSDAY
August 7, 2008
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council
Members Present:
Mayor Pro
Tem Bob
Hoog
Council
Member Leo
Nicholas
Council Member
Mayor
Council
Member Shannon
Roberts
Others
Present:
City Manager
Public Works
Director
Planning and
Dev. Director David
REPORTS:
City Manager
·
Mr.
Boucher distributed a proposed add on item for the Temporary Sign Code Enforcement Resolution. He asked if there were
any interest in extending this another six months or whatever term to be deemed
appropriate. Mayor Randels asked if this
could be moved to the last item.
·
Mr.
Boucher reminded Council that they were sent a draft copy of the unfunded mandate letter to Senator Haridopolos. He explained that one of the items in the
letter is the unfunded mandate Administrative
Order on the Wastewater Treatment Plant and the other was an unfunded
mandate of Comprehensive Planning. Mr. Boucher asked Council to review the letter
over the weekend.
·
Mr.
Boucher referenced the A1A left turn arrow issue. Mr. Petsos said he believed
the City does have the District Secretary’s (of the Department of
Transportation) support. Mr. Petsos stated he had a good discussion with her at
the EDC (Economic Development
Commission) meeting and she is well aware of the problem. Ms. Roberts added that she talked to the
Florida Secretary of Transportation about the same issue as it related to
customer service from her department.
·
Mr.
Boucher announced that Laura Canady,
the Community Development Director of
·
Mr.
Boucher announced that Mr. Ray Osborne
is scheduled to talk about his history book on the 19th.
Staff
Public
Works Director
·
Mr.
Bandish reported the project on N.
Atlantic Avenue and Central Avenue was completed for the intersection. He responded
to Mayor Randels they lowered the twelve (12) inch reuse line.
Building
Official
·
City
Clerk
·
Absent
– no report.
City
Attorney
·
Attorney
Garganese stated he would get the Sign
Code Ordinance to Council within
the next week to ten (10) days.
·
Attorney
Garganese announced that City Attorney,
·
Mr.
Petsos requested Mr. Boucher to please establish a date for a Council workshop
on the (revised) Sign Code
Ordinance.
Planning
and Development Director
·
No
report.
CITY COUNCIL
Council Member Nicholas
·
No
report.
Council Member Petsos
·
Mr.
Petsos inquired if anything was being done about parking on sidewalks and asked for the proposed plan. Mr. Petsos expressed the need to educate
people with a warning.
·
Mr.
Petsos inquired if Mr. Boucher had heard anything more about the school budget
for the School Resource Officer. Mr. Boucher replied he had not, but would
check on it.
·
Mr.
Petsos asked about the stop sign at
·
Mr.
Petsos thanked the Sheriff’s Department
for National Night Out. Ms.
Roberts asked for an estimate of how many people participated and suggested
having the City featured in the paper next year. Mr. Petsos and Mayor Randels reported that next
year the event will be held in September when school is back in session.
Mayor Pro Tem Hoog
·
Mayor
Pro Tem Hoog reported that Saturday, August 2nd the Recreation
Department sponsored Kids Community
Awareness Day and stated there were backpacks and bike helmets given out. Mayor Pro Tem Hoog expressed there was a
great turnout and informed that the Fishing
and Diving Center donated 58 back packs and was one of many vendors that
participated.
·
Mayor
Randels thanked Joyce Hamilton, for
her participation in the event.
·
Mayor
Pro Tem inquired about the street lights on
Mayor Randels
·
Mayor
Randels reported he saw in the newspaper that, after a public hearing, the Brevard County School Board unanimously
approved a new fee based transportation
program for students living within two (2) miles of their assigned school. Mayor Randels explained that City Council
specifically got permission to pick up all children West of A1A so they didn’t
have to cross the road and it is within two (2) miles. Mayor Randels stated the cost will be $2 per
school day. Mr. Petsos clarified that the new program is a courtesy pick up for
students who live within two miles and elect to take the bus. Mayor Randels
requested verification because that would be an extra $10 a day for some parents.
·
Mayor
Randels thanked reporter Jenet Krol from Hometown News for her recent articles
about
·
Mayor
Randels reported on representing Council Member Petsos at the Beach Improvement Committee Meeting. Mayor
Randels also noted that Mr. Petsos’ report on the Sand Fence Program was presented as an example by Chairman O’Brian at the meeting.
·
Mayor
Randels voiced appreciation for all of the City Volunteers and recognized Mr. David Schirtzinger for his work on
the sand fences. Mr. Petsos affirmed for Ms. Roberts that Council
would receive a map from Jeff Ratliff, Assistant Public Works Director, of
where the sand fences are going to be.
·
Mayor
Randels reported on attending the EDC
(Economic Development Commission) and the EELP
(Environmentally Endangered Lands Program) meetings.
Council Member Roberts
·
Ms.
Roberts questioned the status on bus
shelters. Mr. Bandish responded
there was nothing to report.
·
Ms.
Roberts asked Mr. Boucher if he wanted to say anything about the City website. Mr. Boucher informed that staff training will
start on Monday, August 11 for uploading and building the new website.
·
Ms.
Roberts questioned the status of the Oral
History Project. Mr. Boucher informed
a press release was done.
·
Ms.
Roberts suggested mentioning City improvements that are underway on the City
website. Mr. Boucher informed that a daily
picture can be taken and put on the website.
·
Ms.
Roberts questioned the status of the use of the Library Community Room. Mr.
Boucher responded there was nothing to report yet.
·
Ms.
Roberts brought up the Curb/Gutter
Project on A1A. She expressed
her desire to try, if they can agree as Council, to get it on the MPO (Metropolitan Planning
Organization) agenda. Ms. Roberts
stressed this is a high priority project
because it is safety related. Ms.
Roberts also inquired about a Citizen Advocacy
Group as part of the MPO process. Mr.
Boucher stated he would check into it.
·
Ms.
Roberts inquired about the status of the City
flags. Mr. Bandish stated this is in the budget and Public
Works will purchase them in October.
·
Ms.
Roberts questioned the status of the
contract with Mr. Phil Laurien, Executive
Director, East Coast Regional Florida Planning Council. Mr. Boucher stated Mr. Laurien
would put forth a scope of services in October when his new budget starts.
·
Ms.
Roberts suggested the Mayor or City Manager present a State of the City address next year for the residents to have a
clear perspective of major accomplishments and plans for the preceding and
coming years. Ms. Roberts clarified this would be a special meeting, maybe of Council, and it would actually be
presented to the community in a formalized way; verbal as well as written. (City Manager took note.)
·
Ms.
Roberts reported some residents recommended planting more oak trees along the streets in the City. Mayor Pro Tem Hoog urged
to consider the power lines.
·
Ms.
Roberts mentioned that Mayor Randels and Mayor Pro Tem Hoog were going to
attend the Florida League of Cities
meeting next week.
AUDIENCE TO BE HEARD:
·
Ms. Rosanne Scirotto stated she was representing the Small
Business Community of Cape Canaveral and inquired if the temporary extension
for temporary, on-premise signs would be approved. Mayor Randels explained it would be discussed
that evening.
·
Mr. Donald Dunn reported that he noticed, in the
early morning,
CONSIDERATION:
1.
Motion to Approve: Emergency Sewer Line Replacement.
Mr. Bandish
affirmed for Mayor Randels that the job was completed.
A motion was made by Mr. Petsos and
seconded by Ms. Roberts to Approve the Emergency Sewer Line Replacement. 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.
Motion to Approve: Emergency Purchase of a New Air Conditioning
Unit for City Hall.
Mr. Bandish
stated, in the near future, another unit on the west side of the building will
be coming up due to dire need of replacement.
Brief
discussion followed on the number of years before replacement of units, the
sourcing of the bids, warranties and SEER efficiency. Mr.
A motion was made by Mayor Pro Tem Hoog
and seconded by Mr. Petsos to Approve the Emergency Purchase of a New Air
Conditioning Unit for City Hall. 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.
CONSIDERATION:
3. Proposal for Lobbyist
Mr.
Boucher introduced the firm Eligere Strategies,
LLC. Mr. Garrett Pomichter, Communications
Director, introduced himself and stated he contacted the City Manager about
representing the City of
Mr.
Dupree illustrated for Council the two main reasons why his company decided to
appeal to smaller cities; House Joint Resolution 949 and Amendment 5. Mr. Dupree explained there is a movement by
the (
Mr.
Dupree gave other examples of how his company could help with sidewalk, traffic
light and sound wall issues.
Mayor
Randels inquired if they had time to add one more client to their list. Mr.
Dupree responded they form strategic partnerships with other lobbyists for
assistance. He encouraged contacting all of the clients listed and informed
they have not missed a deadline nor been unable to perform a task required or asked
of by any of their clients. Mr. Dupree
responded to Mayor Randels that thirty to forty percent of their time is taken
up with working around unfunded mandates in
Mr.
Nicholas inquired about conflicts of interest.
Mr. Dupree responded they would simply bow out if they felt there was
something that represented conflict.
Mr.
Petsos pointed out Council needed to remember this is citizens’ money they are spending
and stated he likes the League of Cities and they do afford the City a lot of
protection. Mr. Petsos added he needed
to hear from the rest of Council on the pros and cons and what they would
expect to get from Eligere Strategies, LLC other than
non-passage of Res. No. 949.
Mayor
Pro Tem Hoog stated he looked at the amount of money as a minimal amount to pay
for something the City could gain back in return and inquired what could be
done for the City of
Mr.
Dupree responded that his company would complement what the City is doing and
to do it better, they have to have a consortium of small cities. Right now they
are in negotiations with
Ms.
Roberts asked how, when lobbying, they deal with partisan issues and both sides
of the House. Mr. Dupree explained, as a
lobbyist, it’s not something that is brought up or needs to be talked about. He
went on further to explain that he will seek support and co-sponsorship, but at
the same time will make sure he is not hated by members of leadership.
Ms.
Roberts inquired as to when they proposed starting. Mr. Tim Buckley responded $50,000 is the annual fee and they
would essentially begin the moment Council agreed. He said he wouldn’t expect anything until
October when the City’s budget starts. Mr. Buckley informed their contract comes
with a thirty day termination from either side with written notice.
Ms.
Roberts asked if they give cities periodic written reports on what they have
been doing. Mr. Buckley responded they
would provide reports as frequently as Mr. Boucher required. Ms. Roberts inquired about how many work
hours they would be contributing for this amount of money. Mr. Dupree explained, if you are looking at Committee Weeks and Session alone, ground
time is a minimum of five months. Mr. Buckley affirmed for Ms. Roberts that
preapproved expenses, such as travel time, are prorated among the multiple
cities. Ms. Roberts asked if there are
other lobbyists that do something similar to what they (Eligere
Strategies, LLC) do. Mr. Dupree
responded he does not know of any other lobbyists that have decided to take the
fee structure and the approach that his company has.
Mayor
Pro Tem asked Mr. Dupree if no contract was entered into, does his company have
an incident fee. Mr. Dupree indicated his company would consider handling a
couple of line items if seven or
eight cities came to them asking for the same thing.
Mr.
Dupree explained they would sit down with the City Manager and go over a list
of legislative goals and as part of
their reactive lobbying: monitor
legislation as it comes through, call the City Manager with options and present
to the City Council for approval.
Mayor
Randels concluded Council could not make a decision yet because this was a
discussion item and the City Manager would put this on an agenda as an exploration
possibility. Mayor Randels thanked the
three gentlemen for coming.
4.
Revisions to Building Permit Schedule of Fees
Mr.
Todd Morley, Building Official, began his presentation explaining that current Building
Permit fees in Appendix B. (ref.
Recommended Methodology
Inflationary adjustment:
Determine the year of the last permit fee increase and add 5% per year for
inflation.
Since the City of
For years, salaries of public
employees have generally increased at the rate of 5% per year. Ten years of salary increases (department
expenses) at 5% per year amounts to 63%.
Generally
speaking, costs have risen approximately 63% and our building permit fees
may have been undervalued by as much as 63%.
A graph showed: $100 increased by 5%
each (compounded) nets an increase of approximately 63% (for 10 years).
The revised permit fee schedule in
discussion has been revised to increase each category approximately 63%.
Because we use a tiered fee level
structure there will be an “across the board” increase.
The result is that smaller permits
(Fences, A/C change-outs, etc.) will see the full increase. But larger permits (i.e. new structures) will
see less of an increase because as the construction value increases, the
percentage rate of the fee increase diminishes.
Illustrations showed examples of:
Current Fees, Proposed Fees and
Percentage increases for A/C Change outs for a Single Family Residence, a New
Commercial Building and a new Multi-family unit & Diminishing rate of
percentage increase for A/C Change outs for a Single Family Residence, a New
Commercial Building and a new Multi-family unit.
Small Permit Cost Analysis
In
2008, how much did it cost
the City to complete a small permit with one inspection? (i.e. $2000 A/C
change-out).
Illustration showed approximate rates for
2008.
Currently,
for this permit we are charging $60.00.
In
1998, how much did it cost
the City to complete a small permit with one inspection? (i.e. $2000 A/C
change-out).
Illustration showed approximate rates
for 1998.
In
1998, the City charge for this
permit was $60.00.
In
ten years, the approximate cost for
the City to complete a small permit has risen from $44.40 to $70.57. An
increase of approximately 60%,
or approx. 5% per year compounded. A
graph showed this.
Note: This tracks with approximate
annual employee wage increases of 5% per year.
Accordingly, fees for small permits
should rise approximately 60%. This means a $60 permit should be increased
to $96.00. (60 x 1.6 = 96)
Recommendation: Increase the minimum
permit fee to $100 (An increase of 67%).
Historically, how much has the
Building Department budget been funded by permit revenue?
The
building department is often required to perform unfunded work (i.e. Inspection
of Municipal Buildings, Code Enforcement Inspections, Damage Assessment, Flood
Plain Management Administration, Fieldwork Supporting Other Departmental Functions,
etc.). This portion of the departmental
budget, difficult to quantify, could be said to fall under the category of
‘General Fund-supported’. Note: that the
building department was 74% funded through permit fees in the year immediately
after the adoption of Ordinance 98-28.
Graphs showed Building Dept. budgets
going back to 1992-93 FY illustrating permit revenue and its percentage of the
budget and how much of the Building Dept. budget has historically been funded
by permit revenue.
Proposed
ordinance to impose a $100 fee for failure to obtain an approved final
inspection.
The
City of
For
the following reasons this would be helpful for the City of
The last page of the
(g) Final
Inspection. Failure to obtain a
final approved inspection for a permit before it expires will result in a
$100.00 fine being levied against the permit applicant. No further permits may be issued to any
contractor or permit applicant with an outstanding fine or to any contractor
with an expired permit due to failure to obtain a final inspection.
Mr.
Morley expressed his hope for support of this ordinance and stated he thought
it would help the City out a lot. Discussion followed.
Mr.
Morley displayed what the City’s Ordinance would look like with these proposals;
Chapter 82
Buildings and Building Regulations.
Some
proposed changes were:
Some points
of discussion:
Mr. Boucher stated he would have the
City Attorney put these changes in a Draft Resolution format and submit for the
next available meeting.
Ms. Roberts stated
she thinks what the City is doing with the Visioning Project and Phil Laurien will have a tremendous impact on the way in which
the community decides, through this highly participative process, what it wants
in the City. Ms. Roberts went on to say, since A1A is major artery of the City
and there are potential projects coming in that the City is informally aware
of, she suggested considering a moratorium on all new construction along A1A
until the City of Cape Canaveral has finished the Community Visioning Process.
Mayor Randels
stated he didn’t see anything happening immediately. Mr. Boucher announced that
Mr.
Ms.
Roberts stressed there are several projects of which Council is informally
aware that meet the zoning criteria right now, but may not provide what the
community wants. She stated these projects are in very significant parcels of
land along A1A and explained the City could very well have the development of
A1A start emerging without community input. Mayor Randels noted when you have a
willing buyer and a willing seller they can build whatever is properly zoned
for that location.
Ms.
Roberts specifically addressed hotels. She
stated Council has heard from a fair number of residents that would probably,
possibly not want to have more hotels in the City. She suggested that in order
to develop A1A in a way that is commensurate with the will of the community, to
hold off on development, until Council can get input.
Points
of discussion were:
Mayor
Randels stated, as Chair, he saw the majority of the City Council not being
interested in placing this issue on an agenda for future discussion.
A motion was made by Mr. Petsos and
seconded by Mr. Nicholas to extend the meeting until 10:15 PM. 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 add on an item to the agenda. 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.
ADD ON: Resolution
Motion
to Adopt: Resolution No. 2008-17; Extending
for a period of six (6) months the temporary suspension of the enforcement of
display time limits and permit fees applicable to temporary on-premises signs.
Mayor
Randels was told, by Mr. Garganese, City Attorney, it was not necessary to read
the resolution.
There
was no public comment.
A motion was made by Mr. Petsos and
seconded by Ms. Roberts to adopt Resolution No. 2008-17. 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.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:15 P.M.
________________________________
Rocky Randels, MAYOR
________________________________