CITY
COUNCIL REGULAR MEETING
CITY
HALL ANNEX
TUESDAY
September 16, 2008
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00
P.M.
ROLL CALL:
Council
Members Present:
Mayor Pro
Tem Bob
Hoog
Council
Member Leo
Nicholas
Mayor Rocky
Randels
Council
Member Shannon
Roberts
Council
Members Absent:
Council Member Buzz
Petsos
Others
Present:
City Manager
Planning and
Development
Director David
Barry Brown
Recreation
Director Robert
Lefever
Fire Chief David
Sargeant, Cape Canaveral Volunteer Fire Department
REPORTS:
CITY MANAGER:
·
Mr. Boucher reported that the N.
Atlantic Avenue and Central Blvd. Pre-Construction Meeting was rescheduled for
October 3, 2008. The original
pre-construction activities were deterred by Tropical Storm Fay.
·
Mr. Boucher distributed the Draft
Lease Agreement for the Use of the Library Meeting on Friday September 12th. With
City Council’s authorization, the City Manager asked to forward the Letter to
the County Manager. Mr. Boucher read the
Draft letter. Mr. Nicholas asked if the
anticipated Meeting Room use included the scheduling of Condominium Association
Meetings. Mr. Nicholas asked Mr. Boucher
if he would reference that fact in his Draft letter in order to not restrict the
Library Director’s power to authorize the use of the Room.
Ms. Roberts asked about maintenance since there was no mention of it in
the Draft Lease Agreement. Mr. Boucher
affirmed that maintenance would be included.
Ms. Roberts also brought up the need for a larger projection screen for
the proposed Meeting Room in an effort to meet presenters’ needs and to take
advantage of the most current technology.
Mr. Boucher stated that he would return to the City Council at a later
time to address any of the details related to the Library Lease Agreement.
Mr. Boucher clarified that the Cape Canaveral Library’s exterior Building
Maintenance was Brevard County’s responsibility. Mayor Randels clarified that
the Library Meeting Room use was proposed due to increased attendance at the City
Council Meetings and to provide additional space in the Annex building for the
Cape Canaveral Precinct staff. Ms.
Roberts asked if the Draft Lease Agreement had been shared with the Cape
Canaveral Library Board. Mr. Boucher
replied that it had not. In
conclusion, Council Members agreed that Mr. Boucher should discuss the Draft Agreement
with the City’s Library Board first and then proceed to the County Manager.
·
Mr. Boucher reported on a
request from the Ocean Woods Homeowners’ Association to assist with
approximately $400,000 in storm related drainage repairs following Tropical
Storm Fay. Mr. Boucher forwarded their
request to the Brevard County Emergency Director who in turn forwarded their
request to the State Emergency Management Division. Mr. Boucher reported that the President of
the Homeowners’ Association could apply for State Disaster Public Assistance. If this was rejected then the Association
could apply for a State Board of Administration Loan. Mr. Boucher replied to
Mr. Nicholas that the Canaveral Port Authority Commission was seeking a $275,000
Emergency Replacement Request for Atlantic Development to repair the collapsed
pipe at Jetty Park.
·
Mr. Boucher reported that Mr.
Phil Laurien, of the East Central Regional Planning Council, contacted him
saying that he put funding in his budget to assist the City with its visioning
processes. Once Mr. Laurien’s budget was
approved, he would provide a scope of services related to those tasks.
Ms. Roberts asked the City Manager if he had provided Mr. Laurien with a proposed
schedule to convey the City’s sense of urgency to get the project underway. Mr. Boucher responded that since Mr. Laurien
was providing his services at no charge; then the City would be added to his
schedule as his time permitted. Ms.
Roberts suggested that the City take a proactive stance and provide Mr. Laurien
with information of what the City expects him to perform.
·
Mr. Boucher reported that he provided
copies of the Coastal Fuels Appeal of the Planning Director’s Interpretation
of Non-Conforming Use Code as it related to their Asphalt Storage Tank. Staff will review, prepare and schedule a
Board of Adjustment Meeting related to this matter.
If the Council had any questions, they should contact the City Manager or Barry
Brown, Planning and Development Director.
Mr. Boucher informed that the Appeal was Public Record and would be made
available by request.
·
Mr. Boucher reported that he
worked with Ms. Dianne Marcum, of the Business and Cultural Development Board,
on the City Marketing Video. Video
production would occur beginning the week of September 22nd.
·
Mr. Boucher reported that the Public
Works Department staff performed an inspection of the masonry at the Cape
Canaveral Library building and notified the Library Director of the
need to repair, seal and paint the building exterior as it was their
responsibility under the Library Lease Agreement.
·
Mr. Boucher reported that Mr.
David Stanley performed the background work on the Oral History Project. Mr. Stanley desired to hold an informal production
meeting with the City Council to review some of the issues and how the project
would progress with a theme and choice of interviewees. The City Clerk would
coordinate a Workshop Meeting date and time with the Council. Ms. Roberts inquired about the timeline for
the Oral History Project. Mr. Boucher
replied that scheduling was approximately three weeks behind due to Tropical
Storm Fay; however, the City Clerk would assist the Council in establishing a
date and time for this meeting.
·
Mr. Boucher reported that the Youth
Center building was repaired. He and
the Recreation Director would return to the Council with replacement options.
STAFF:
Recreation
Director
·
Mr.
Lefever announced a Wildlife and Reptile
Show at the Recreation Center on Saturday, September 20th from 5
P.M. to 6:30 P.M. “Trapper Jim Green” was
the presenter.
Planning
and Development Director
·
Mr.
Brown informed the Council that he gave the City Attorney a Discussion Paper related to Council Members
meeting with developers in Pre-Application Meetings prior to the developer formally
submitting an Application for review.
Mr. Brown would confer with the Council subsequent to the City
Attorney’s review.
Building
Official
·
No
report.
City
Clerk
·
No
report.
City
Attorney
·
No
report.
CITY
COUNCIL:
Council
Member Roberts
·
Ms.
Roberts referred to Mr. Donald Dunn’s request from the previous City Council meeting
and asked if any action would be taken related to cars parked on the sidewalk on Anchorage Way. Mr. Boucher replied that he would need to
ascertain the City’s enforcement authority since Anchorage Way was a private
drive.
·
Ms.
Roberts noted substantial debris left on
Anchorage Way and North Atlantic Avenue for a 12-day period. Mr. Boucher replied that this debris would be
picked up by Wednesday, September 17th.
·
Ms.
Roberts acknowledged residents from Puerto
del Rio condominiums who desired to share their concerns related to river erosion as a result of Tropical
Strom Fay.
·
Ms.
Roberts asked if there was a City policy addressing staff members in attendance at the Community Appearance Board and
the Library Board meetings. Ms. Roberts
suggested sending an alternate Staff representative to the meetings in the
absence of the designated representative.
Mr. Nicholas pointed out that Ms. Escapa, Cape Canaveral Library
Director, was considered the Staff representative to the Library Board. Ms. Roberts stated that some questions arose
during the Library Board meeting which City staff might have been able to
answer.
·
Ms.
Roberts reported that there was no
safety fence at the Central Blvd. North canal as a preventative measure as
was done for the South canal. She recommended
a safety fence at that location.
·
Ms.
Roberts commended Mayor Randels for
his representation at the Brevard County Metropolitan Planning Organization
Meeting. Mayor Randels spoke on the
State Road 528 widening issue and the State Road A1A curb and gutter project.
·
Ms.
Roberts reported that State Representative Tony Sasso planned to meet with the
Florida Department of Transportation related to the City’s concern of a left-hand turn signal on State Road A1A and
Central Blvd.
·
Ms.
Roberts requested four-to-six weeks
advanced notice for the non-regularly scheduled City Council Meetings. Ms. Roberts requested consultation with the
Council Members prior to scheduling any meetings with respect to their other
commitments. Mr. Boucher explained how
the Sign Code Workshop meeting was expedited at the City Council request and the
date scheduled provided them with a two-week notice. Ms. Roberts expressed that short-term meeting
planning was not a good executive business practice and she recommended
a calendar of the anticipated Meetings for the entire year as a professional
courtesy to all Council Member’s schedules.
Council
Member Nicholas
·
Mr.
Nicholas noted the Sign Code Workshop
Meeting on Wednesday, September 24th.
·
Mr.
Nicholas requested a Discussion Item on the use of the Commemorative Coins as a City acknowledgement.
·
Mr.
Nicholas requested to add the Florida
League of Cities Priorities List items to the Meeting on Monday, September
22nd in order to meet the anticipated October 1st
deadline. The City Manager stated that
he would verify the deadline date and if action were required by October 1st,
then he would amend the September 22nd Meeting Agenda for this item.
Council
Member Petsos
·
Not
present.
Mayor
Pro Tem Hoog
·
Mayor
Pro Tem Hoog requested information on the street
lights for State Road A1A. Mr.
Boucher responded that the Purchase Order was in progress and Florida Power and
Light was scheduling the street light installation based on receipt of the City’s
Purchase Order.
·
Mayor
Pro Tem Hoog related that he attended the Florida League of Cities Legislative
Policies Committee Meeting in Orlando on September 12th. There were seven items for
consideration. Mayor Pro Tem Hoog addressed
some of the items as follows: 1) a Bill
to address Social Security Numbers and the Public Records Law, (Florida was
the only State that permits the disclosure of Social Security Numbers), 2) House Bill 991, allowing the public to
speak at public meetings, (some cities do not permit the public to speak) 3) House Bill 351, Erecting Traffic Devices at Stop Signals, (one city reported 751
violations in one week) 4) and a Bill to
address Illegal Immigration, which was a three-part Bill related to the municipalities
and the prohibited hiring of illegal workers.
·
Mayor
Pro Tem Hoog reported that the Fireworks
Bill was not addressed by the Committee since the mainland communities did
not appear to experience any substantial impact related to this issue.
·
Mayor
Pro Tem Hoog asked the City Manager about the City’s 401(k) account and State
Board Administration Funds. Mr. Boucher
replied that the City’s investments were
with the State of Florida Treasury which was a different State agency.
Mayor
Randels
·
Mayor
Randels announced, on behalf of the School Resource Officer, Deputy Mitch
Boshnack, a Walk to School Day on
Wednesday, October 8th with assistance from the Kiwanis Club. The event would give parents an opportunity
to walk to school with their children and identify any potential hazards.
·
Mayor
Randels reported that he uncovered enough funding in the Brevard County
Metropolitan Organization Transportation Improvement Fund to support the “Feet Not Fuel Program.” This funding would help to obtain a pavilion
over the bike rack at Cape View Elementary School. The slogan for this effort will be, “It’s Cool to Ride
Your Bike to School.”
·
Mayor
Randels related that Senator Bill Nelson responded on Senate Bill 1506, the Beach Projection Act, Senator
Nelson will support this Bill.
·
Mayor
Randels reported that the Canaveral Port
Authority has a Speaker’s Bureau.
These representatives could provide expert help with City Staff
presentations.
·
Mayor
Randels announced National Alternative
Fuel Vehicles Day sponsored by the Florida Solar Energy Center. The event will take place on October 3rd. Mayor Randels noted the City’s electric
vehicle as a result of the City’s partnership with this organization.
·
Mayor
Randels spoke about the upcoming Brevard
County Metropolitan Planning Organization [MPO] name change and noted the
organization’s purpose of municipalities mutually supporting transportation projects
in all parts of the County. Mayor
Randels acknowledged that Cape Canaveral was the only City which retained all
of its projects on the annual MPO Priority Planning List.
AUDIENCE TO BE HEARD:
·
Mr.
and Mrs. John and Blanche Petrovic addressed the Council and thanked the
Council and City Manager for listening to their cause. Mrs. Petrovic explained that Mr. Petrovic was
distributing the following documents: a petition, a timeline of events and
signatures of owners from Buildings I, II and III at Puerto Del Rio and a hard
copy of photos conveying the impact of Tropical Storm Fay at Puerto Del Rio
Condominiums. Ms. Blanche Petrovic read
their petition dated September 8, 2008.
In closing, Mr. John Petrovic expressed his hope that the City would
assist in resolving this issue. [Petition
attached.]
Mr. Boucher replied that the Building
Official was researching their issue to verify the requirements of riverfront area
construction. Todd Morley, Building
Official, conveyed from Mr. Danny Ringdahl, developer of Puerto del Rio, that
although he had developed a remediation plan using coquina rock, he desired to
hear from the St. John’s River Water Management District prior to implementing any
plans. Mr. Nicholas posed the need to
modify the Building Code and to ensure that these modifications were part of
the Building Application process.
Mr. Morley clarified that there was
much construction that did not require shoreline hardening. Unfortunately, Puerto Del Rio homeowners were
impacted and the Building Official agreed with Mr. Nicholas’ suggestion. Ms. Roberts added that this issue could be included
in the City’s Lessons Learned from Tropical Storm Fay.
·
Mr.
Jim Hale, of 110 Washington Avenue, requested recycling containers at the upcoming Fall Festival on Saturday,
October 11th from 11 A.M. to 4 P.M.
Mr. Lefever affirmed that recycling was addressed.
·
Mr.
Hale also related Ms. Andrea Rice’s request
to have Waste Management pick up the leftover
yard waste on Monday after the Cape View Elementary School landscape
clean-up planned for Saturday, September 20th. Mayor Randels offered to have Waste
Management deliver three containers.
·
Ms.
Joyce Hamilton requested assistance with
the landscape clean-up at the Cape View Elementary School on Saturday,
September 20th beginning at 8 A.M.
·
Ms.
Joyce Hamilton announced the Kiwanis
Club Meet the Candidates Pancake Breakfast at the Manatee Sanctuary Park Pavilion
on Saturday, October 4th at 8 A.M.
CONSENT AGENDA:
1.
City
Council Regular Meeting Minutes of August 7, 2008.
2.
City Council Regular Meeting Minutes
of September 2, 2008.
3.
Resolution No. 2008-21; Appointing a
Regular Member to the Board of Adjustment. (John Bond)
4.
Resolution No. 2008-22; Appointing an
Alternate Member to the Code Enforcement Board. (
5.
Resolution No. 2008-23; Reappointing
Regular Members to the Code Enforcement Board. (Charles Biederman, Walter
Godfrey, Jr. and Raymond Viens)
6.
Resolution No. 2008-24; Reappointing a
Regular Member to the Library Board. (Jean Deck)
7. An Application for an Outdoor
Entertainment Permit for the Fall Festival, Saturday, October 11, 2008, 11 A.M.
to 4 P.M.
8. An Application for an Outdoor
Entertainment Permit for the Monster Mash Halloween Street Dance on Thursday,
October 30, 2008.
Mayor Randels asked if any Council Member, Staff member,
or interested party desired to remove an item from the Consent Agenda for
discussion.
Ms. Roberts
requested again to amend the Board process and have reappointed Board Members
come back to the Council, 1) in order to have the reappointed Board Members
convey their insights of their previous years service on the Board, and 2) to
hear any of their proposed improvements toward their future term on the Board. Ms. Roberts requested to have this process
change on a future City Council Agenda as a Discussion Item. Ms. Roberts pointed out that Mr. Boucher had
been tasked, as an action item at the previous City Council meeting, to ask the
Boards if their Members desired to return to the Council at their scheduled reappointment
time. The City Manager did not have
responses from all the Boards at this time.
A motion was made by Ms. Roberts and seconded by Mr.
Nicholas to Approve Consent Agenda Items No. 1 and 2 as Amended on through Item
No. 8. The vote on the motion
carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For.
CONSIDERATIONS:
9.
Motion to Approve:
Second Amendment to the Interlocal Agreement for Creation of the Space Coast
Transportation Planning Organization.
Mayor Randels explained
the anticipated name change as one that would more correctly identify this
Organization. Ms. Roberts expressed her
concern that not all of the municipalities were represented by the
organization. Mayor Pro Tem Hoog pointed
out that the City of Cape Canaveral joined with Cocoa Beach in order to gain representation
which was based on a City’s population.
Ms. Roberts recommended that the Council should seek full representation
at some point in time. She expressed how
the lack of representation places some cities at a disadvantage by not being
able to participate in
any of the deliberations and for Cape Canaveral to not participate at all at times.
Ms. Roberts requested to this issue for
a future City Council Agenda as a Discussion Item.
Mr. Nicholas proposed
that the Florida League of Cities Legislative Delegation address this issue of
representation. Mayor Pro Tem Hoog
stated that Council could present a Resolution for the Space Coast League of
Cities’ endorsement and this would subsequently identify how many cities have
an interest. In conclusion, Mayor
Randels clarified that Florida Statutes Chapter 339 defined the Composition
of the local Transportation Planning Organization. Council Members agreed on
this as a discussion item for the Space Coast League of Cities to address.
A motion was made by Mayor Pro Tem Hoog and seconded by
Mr. Nicholas to Approve the Second Amendment to the Interlocal Agreement for
Creation of the Space Coast Transportation Planning Organization. The vote on the motion carried 4-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos,
Absent; Mayor Randels, For and Ms. Roberts, For.
DISCUSSION:
10.
Fire Station.
Mr. Boucher
explained how City Council would vote on the Annual Millage Rate on Monday,
September 22nd. The Millage
Rate would include an item related to the Debt Service for the renovations and additions
at the 190 Jackson Avenue site. Mr.
Boucher distributed a Site Plan. He
explained how the renovation of the existing property at 190 Jackson Avenue
would include the remodeling and addition to an existing Administration
Building and Crew Quarters at 4,341 Square Feet and a new Crew Quarters
Facilities Support Building at 5,062 Square Feet. Mr. Boucher reported the total cost for the
Site work at approximately $2.9 million.
The property cost for the four lots was $750,000 in previous years; however,
another Appraisal would be required. Mr.
Boucher summarized, in speaking with the Architect that the Proposed Millage Rate
would be adequate to perform the renovations and for acquisition of the site. Mr. Boucher stated that he requested the
Architect to perform the comparative analysis related to building a Fire Station
on City owned property adjacent to the Building Department or to proceed with
renovations. Mr. Boucher affirmed for
Mayor Randels that renovations remained an option.
Fire Chief, Dave
Sargeant replied to Ms. Roberts that renovation was previously discussed;
however, the Council decided to build due to the condition of the existing Fire
House. For the record, renovation
remained a part of the concepts. Chief
Sargeant stated that at this time there was nothing specifically proposed just
spatial concepts. Chief Sargeant
affirmed that the space analysis met the Department’s needs. Mr. Nicholas asked if the renovations
included furnishings as well as structural.
Chief Sargeant replied that furnishings would be purchased from Reserve
Funds.
Mr. Boucher clarified
that the specifics of Site design were not in discussion at this time; however,
the intent of this discussion was to bring out what is anticipated in the
proposed Millage Rate on Monday, September 22nd. Ms. Roberts questioned the time period from
the Millage Rate approval to the Architects design phase. Mr. Boucher replied that once the Architect’s
Contract was approved, then site and building design would occur. Mr. Boucher explained that the City would
need to purchase the land and subsequently obtain Appraisals related to the
existing Fire Station site. Chief
Sargeant anticipated a 24-month, 2-year timeframe for completion.
Ms. Roberts
asked if there would be a community involved approach toward the Fire Station’s
development. Mr. Boucher affirmed that
community involvement in the process could occur subsequent to the City acquiring
the property. Mr. Boucher replied to
Mayor Randels that he performed a comparative cost option using City Hall. Chief Sargeant affirmed for Ms. Roberts that a
Fire Station/ Federal Law Enforcement building was anticipated for the
north side of the Port. Grant funding for
that project met the planning stage; however, it was not adequate to proceed
with construction at this time. In closing,
the City Manger stated that if the Council had any further questions prior to
the Monday evening’s Meeting, that they should contact him or the Fire Chief.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting
adjourned at 8:45 P.M.
_______________________________________
Rocky
Randels, M AYOR
________________________________
Susan Stills, CMC, CITY CLERK