CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
August 2, 2005
7:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council
Members Present:
Council
Member
Mayor
Pro Tem
Council
Member Jim
Morgan
Council
Member
Mayor
Others
Present:
City
Manager Bennett
Boucher
City
Attorney
City
Clerk
Building Official
Mayor Randels called for a moment of silence to acknowledge the passing
of City employee, Carl Akery. Carl was
employed with the City for 39 years.
PRESENTATION:
Summer Commercial Beautification Award, Century 21,
Ms. Mary Jo Laws extended thanks
to Century 21 and Ms. Donna Linden, Broker, for their beautification efforts in
the City.
Quarterly Business Recognition Award – AJT and Associates.
Ms.
Beth Foy, of the Business and Cultural Development Board, presented the
Quarterly Business Recognition Award to Mr. Richard Wood of AJT who thanked the
City for the recognition. Mayor Randels noted that the company has grown from
its inception in
BOARD INTERVIEW:
Ms.
Roberts affirmed for Attorney Garganese that the information on her application
was true and correct to the best of her knowledge. Ms. Roberts thanked the Council and Board for
the opportunity to take an interest in community involvement. She responded
that through her 30 year background in the private industry and volunteering
capacity at the State and Local level, she hoped to bring the experience to the
Board. She hoped to categorize the City’s business in order to strengthen partnerships. She also expressed the desire to work with
the Board to celebrate the city’s heritage and to showcase some of the inherent
talents already present in the City. Mayor Randels reviewed Ms. Roberts
extensive education and high level work experience to include Associate Director
of Space Transportation at NASA. Mayor
Randels related that a Resolution to appoint her to the Board would be placed
on the next City Council Meeting Regular Agenda.
CONSENT AGENDA:
1.
City
Council Regular Meeting Minutes of July 19, 2005.
2. Resolution No. 2005-20; Appointing One Regular Member to the Community Appearance Board. (Andrea Schaffner).
3. Fire Service Automatic Aid Agreement.
Mayor Randels asked if any Council member, staff or
interested party desired to remove any of the Consent Agenda items for
discussion.
No request was made to remove any of the items for
discussion.
A motion was made by Mr. Petsos and seconded by Mr.
Bruns to Approve Consent Agenda Item No. 1 through 3. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
CONSIDERATION:
4. Motion to Approve: Proposal from Brown and Caldwell to Conduct a
Wastewater Rate Study in the amount of $20,000.
Mayor
Randels noted that the $15,000 cost estimate was based on a previous
study. Mr. Marco (Mike) Rocca, Senior Consultant
for Brown and Caldwell, stated that the scope of the study is to identify current
system usage and rates and to project future rates while keeping the City
fiscally sound. Mr. Morgan expressed his
thought to delay the study for one year.
Mr. Boucher affirmed that the City still anticipates units to come on
line; however, the Public Works Director has embarked on a project to analyze
plant facilities and ascertain upgrading needs.
If the Council chose to wait, the City Manager requested to put the
study in the 2005/ 2006 Budget. Council
members agreed by majority to identify needs prior to analyzing rates.
No action was taken on this
item.
ORDINANCES: Second
5. Motion to Adopt:
Ordinance No. 13-2005; Amending Chapter 50; Regulating Sleeping and
Camping upon Public Streets and Sidewalks, Beach End Streets, Beach Dune
Crossovers, Beaches and Parks, at second reading.
Mayor Randels read
Ordinance No. 13-2005 by title.
AN ORDINANCE OF THE CITY COUNCIL OF
CAPE CANAVERAL, FLORIDA, REGULATING
SLEEPING AND CAMPING UPON PUBLIC STREETS AND SIDEWALKS, BEACH END STREETS,
BEACH DUNE CROSSOVERS, BEACHES AND PARKS, PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY AND EFFECTIVE DATE.
Mayor Randels noted the
amendments that Council Member Petsos previously requested. First, the language relating to the City’s
dependency on tourism was removed.
Second, the language in Item B reflecting the City dependency on tourism
was also removed. Lastly, a new Section 7
was added to address sleeping or trespassing on private beaches or
dwellings. Attorney Garganese stated
that there was also a change to subparagraph (f) at the request of the
Sheriff’s Office to reflect the laws referring to situations caused by trespassing
on private property would be handled by law enforcement. Mayor Randels
clarified that if any person declares that they have no place for relocation,
then the Sheriff’s Office has the duty to transport the person to the nearest
facility or would transport them with assistance to a facility in another
jurisdiction.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Mr.
Morgan to Adopt Ordinance No. 13-2005 at second reading. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
SITE
PLANS:
6. Motion to Approve: Revised Site Plan: Residence Inn – Allen Engineering, Applicant.
Mr. John Allen of
Allen Engineering was introduced to make amendments to the site plan. Mr.
Mayor Pro Tem Hoog spoke on the excessive speeds of the oncoming
traffic from the overpass bridge. Mayor
Randels explained that the Port Manager agreed to relocate the 45 mile per hour
speed limit to a point prior to the incoming city limits. Mr. Allen replied to Mr. Wood that a
deceleration lane and a left turn lane would be installed. He informed that roadway resurfacing would
occur.
Mr. Petsos
expressed it is the Council’s duty to develop the City in the safest way
possible. Mayor Randels clarified that
the developer had obtained the Florida Department of Transportation [FDOT] approval
for the road cuts. Mayor Pro Tem Hoog expressed the difficulty in
obtaining authorization from the FDOT for hazardous road mitigation Attorney Garganese explained that the FDOT
did not choose to approve road planning on a case-by-case basis. However, some cities have developed an Access
Management Plan to address and identify road hazard in a more comprehensive
approach.
A
motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the
Revised Site Plan: Residence Inn, Allen Engineering,
Applicant. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor
Randels, For.
REPORTS:
1. City Manager
·
Mr.
Boucher reported back to the Council from the previous Facilities Plan Meeting
on July 28th. Attorney
Garganese drafted a Real Property Due Diligence Agreement. The parties recognize that the owner has 3.5
acres in which the City has an interest.
The City would have 90-days to conduct due diligence research in order
to make a decision. This would afford
the City an opportunity to make a physical inspection of the property. The City could examine the title of the
property and review for possible encumbrances.
The City could obtain an appraisal from the Property Appraiser’s
Office. The property owner would also agree
to not sell, convey, lease, assign or transfer the property during the 90-day
period. If the City finds the property
favorable, then the City would proceed to seek a sale and purchase contract
under terms deemed feasible.
Mr.
John Jansen, of AJT and Associates, stated that he found the Agreement
acceptable. He stated that it is
industry standard that when a property is removed from the market, a deposit is
placed on the property. He noted that an
Escrow Account could be opened with Mr. John Kabbord, the company’s Settlement
Attorney. Mr. Jansen stated that a 3 to 5
percent in escrow of the $3.7 million asking price would be acceptable,
although $100,000 was sufficient.
Mayor
Pro Tem Hoog asked about the statute in discussion at the previous meeting on
design build projects. Attorney
Garganese replied that the City is working from a vacant piece of property. He stated that there are two statutes in
discussion: 1) Competitive Bidding for any projects over $200,000 and 2) the
Contractors Competitive Negotiations Act that also requires competitive bidding
for public projects under $200,000.
Attorney
Garganese stated that if the building existed, the City would obtain the
requisite number of appraisals and then purchase the building. Mr. Morgan questioned the statutory compliance
to purchase the land and constructed building as a package. Mayor Randels clarified the concern of purchasing
the land with a set of plans without seeking competitive bidding on the plans. Attorney Garganese stated further that
competitive bidding would also apply to the contractor used in the actual
construction.
Mr.
Jansen suggested that the Council consider each of the Options during the Due
Diligence Agreement time period. He
stated that the $8 million option of selecting both Options would require a
higher deposit. Mr. Boucher clarified
that the 3.5 acres to include the State Road A1A frontage is under the Due
Diligence Agreement. However, the
building plan is for the one-acre parcel.
Mayor Randels summarized that the Council is discussing three separate
options: 1) Option A, 3.5 acres, 2) Option B, one-acre with a building and 3) Option
C, both Options A and B.
Mr.
Jansen stated that none of AJT’s Options included construction on the 3.5- acre
parcel. He replied to Mayor Pro Tem Hoog
that purchasing the one-acre parcel with a building required a one-year
completion time. Discussion continued on
Statutory compliance in buying a complete building package. Attorney Garganese stated
that he is reviewing two strict public bidding processes that apply to
municipalities. He explained that
municipalities are required to give 14-days public notice for their own staff
to engage in construction projects.
Mr.
Jansen clarified that the project is not a design-build project it. It is already designed with construction to
follow. Attorney Garganese stated that
there are two different statutes, a design-build statute and a public construction
statute. Mr. Morgan suggested that the City phase in its construction using the
new land purchase. Mayor Randels
expressed that he was not in favor of purchasing land with no plans for
building construction. Discussion
followed from a majority of the Council members that purchasing the land is a
good investment and in the best interest of the City. After deliberation, Mayor Randels concurred
that the property purchase was in the best interest of the City. Council’s decision concluded unanimously to
purchase the 3.5 acres of AJT property.
·
Mr.
Boucher returned with a cost of $450,000 from
·
Mr.
Boucher, Mr. Petsos and Representative Bob
Allen met to discuss the gaming
ship sewage dumping issue. Representative Allen will address this as a
statewide issue.
·
Mr. Boucher stated that Mermaid Key, the mixed-use
development, is scheduled for the August 16th City Council Regular
Meeting Agenda.
·
Mr.
Boucher informed that he and the City’s Stormwater Coordinator, Jeff Ratliff met
with
·
Mr.
Boucher expressed his sentiments on City Employee, Carl Akery.
2. Staff
·
Mr. Gardulski informed that the Department is
working on the decorative street lighting.
·
He replied to Mayor Pro Tem Hoog that the speed bump would be repaired.
Building Official
·
Mr. Morley informed that Bayside Development was working on its final site
plan.
City Clerk
·
Ms. Stills reported that school opens on
August 8th and the School Crossing Guards are prepared to return to their
posts. There will be four guards this
year with two guards posted at Washington and
City Attorney
·
No report.
AUDIENCE TO BE HEARD:
·
Mr. Leo
Nicholas asked about the plans for the model shuttle. Mr. Boucher informed that the cost ranged
from $20 to 80,000 in materials ranging from acrylic to concrete. Ms. Shannon Roberts explained that the model
design was ready; however, additional funds were needed. She informed that much volunteer effort was
expended on the project so far. Mr.
Dennis Jenkins performed the design.
·
Ms.
Shannon Roberts asked about the progress
on
·
Ms.
Roberts inquired about return of tax dollars from the County. Mr. Petsos would make this part of his
report.
·
Ms.
Roberts also asked about the covered bus stops for the residents. Mayor Randels replied that the City had a
company called 20/20 who was willing to deliver the stops; however, the stops
were required to be located on the Florida Department of Transportation
right-of-way. Location became a concern.
·
Ms.
Roberts asked if a Homeland Security approach would gain more security
in the jetty area. She explained that
the nearness to the Port might gain support from Law Enforcement.
·
Mr.
Nicholas replied that the Beautification Board had addressed a covered bus
stop. Mayor Randels informed that the City of
3. City
Council
·
No report.
Mr. Petsos
·
Mr. Petsos requested a breakdown of how the City’s tax funding used in the County.
·
Mr. Petsos asked how many citations
were issued for fireworks. Mr.
Boucher replied that he would investigate results. He reported from the Fireworks Work Group
that increased public education was a benefit.
He informed that both the State and County are working in this issue.
However, possession of fireworks is not illegal.
·
Mr. Petsos inquired about the status on the Brevard Metropolitan Planning Organization seat. Mr. Boucher asked for input to develop a
letter.
·
Mr. Morgan expressed to see reclaimed
water overflow discharged at the storm water park on
·
Mayor Pro Tem Hoog emphasized the need for a
seat on the Brevard Metropolitan Planning Organization.
·
Mayor Pro Tem Hoog asked about the Stormwater
cleaning efforts with the County.
Mr. Boucher planned to review the Joint Projects that would apply with
the County.
·
Mayor Pro Tem Hoog asked about the new solid
waste collection method and dumpster fumigation. He stated that more should be done to
disinfect the dumpsters.
·
Mayor Randels reported on finding homes for 100 baby pelicans housed at the
·
Mayor Randels reported on a letter from Occupational
Safety and Health Administration commending
·
Mayor Randels reported favorably on the sidewalk
installation on
·
Mayor Randels informed that through the
efforts of Congressmen Dave Weldon the Water Resource Bill passed.
The goal of the bill was for the Federal government to pay the full $15 million
cost to repair beach erosion caused by Port Canaveral jetties. Mayor explained how the Port implements a
trap system to keep sand out of the channel.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 9:58 P.M.
_________________________
Rocky Randels, MAYOR
________________________________
Susan Stills, CITY CLERK