CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Public Works Director Ed Gardulski
City Planner
City Engineer John Pekar
Due to the absence of Representative Bob Allen at this time, the Chair
permitted for the audience to be heard.
Mayor
Randels acknowledged those from
The
existing tank farm was first implemented about 50 year ago and the last request
for a special exception to construct more tanks was granted in 1990. At that time, Coastal was told no further
expansion would be allowed. However, the
City did not address this issue in its zoning ordinance in the interim 16
years. None of the condominiums, town
homes, resort of
Many
of the existing tanks are already within 200 to 900 feet of our newer high
density residential buildings. (Note the
property lines which are even closer.) When we bought our homes, we had the
right to assume that the City was looking out for our health, safety, and
welfare and would not have allowed these residential developments to be
constructed otherwise. We were dumb and
happy.
This
issue has awakened us to the fact that we are residents of the City of
It is
our view that a notice cannot be a courtesy when safety, health, and property
rights are being affected. It is a due
process requirement under the 5th and 14th amendments to the
Federal Constitution. You need to fix
this as soon as possible. The State
Department of Environmental Protection does require a public notice in the
newspaper, but no wonder no one noticed when it was published in April of this
year. The company name in the notice was
the parent company, TransMontaigne, Inc. and not Coastal Terminals LLC. The
public notice only said it was for a permit to construct storage tanks 30 and
31 at a certain
The
City and everyone up through the State government has a duty to keep us
informed in a responsible way of matters affecting our homes, our property
values and our lives. For example, through
this exercise we discovered that we did not even know of evacuation routes in
our community if a disaster occurs.
Maybe the City and the Fire Department know, but they forgot to tell the
people who live here. To give you an
idea of disaster, my sister Joyce Rosemary is with me tonight and would like to
share with you what it was like to live through a tank explosion in
Ms.
Joyce Rosemary recalled that the blast was more severe than a comparable
earthquake. She said that the car
windows of every car within a one-mile radius shattered with the drivers still
present in them. Ms. Rosemary informed
that residents within their homes; however, were cut with shattered glass. Ms. Anders concluded her presentation and once
again requested a repeal of City code section 110-354(c)(6) and that the City
place a moratorium on any new special exception applications for liquid
petroleum while the Council deliberates the decision and due public notice
prior to any discussion. Mayor Randels
explained that public notice would be made within 15 days prior to the next
meeting on this discussion.
Mr.
Nicholas reminded that City code procedures called for the review of any
changes to the zoning code proceed to the Planning and Zoning Board first. Ms. Anders requested a moratorium on the
issue in order that no further applications are accepted. Mr. Mike Reedy, of 701
Mayor
Randels called for a brief recess.
BOARD INTERVIEW:
Mayor Randels called on Ms.
Kelley Sweet Jensen to interview for the Community Appearance Board. Ms. Sweet Jensen affirmed that all of the
information in her application was true and correct to the best of her
knowledge. She stated that she worked on
a similar aesthetics Board in
Mayor Randels acknowledged Mr.
Bob Guido from the Trust for Public Land (TPL).
Mr. Guido thanked the Council for the opportunity to speak and explained
that the TPL’s mission was to improve quality of life in communities, to
preserve historic places and natural areas and to help communities create
parks. He stated that Carver Cove was a
little less than 4 acres with potential to create a park. Mr. Guido explained that the TPL would assist
the City to seek and apply for grants.
He commended the Council on its citizen’s survey and noted that 22
percent of its residents desired more green space which was TPL’s purpose.
PRESENTATION:
Mayor Randels introduced State Representative Bob
Allen who presented another successful grant award from the Florida Department
of Environmental Protection and the Division of Recreation and Parks for
$112,500 to Ms.
Legislative
Update, Representative Bob Allen
Representative Allen
said that this forum provided an opportunity for him to address the Council and
provide State legislative information for Canaveral residents. He informed that the State budget was $72
billion this year with an additional $4 billion. Representative Allen informed that the $2
billion was reserved. He explained that the $2 billion dedicated to storms; however,
was non-recurring. Representative Allen reported that the non-recurring was
spent on one time occurring projects such as the widening of Interstate 95 that
would begin earlier than the 2011 anticipated date. He reported on a new traffic interchange on
the Pineda Causeway south of
Representative Allen
stated that the citizens of
AJT & Associates that clean biosolids.
Mayor Randels commended Council Member Buzz Petsos and Commissioner Tony
Sasso from
Representative Allen
reported that the shuttle was scheduled to cease launch in 2010. This would decrease the space industry
workforce by 7,000 to 8,000 people. He stated
that
Representative Allen
concluded his report on the insurance issue.
He acknowledged the need for a careful balance between insurance
companies and
A resident asked
Representative Allen why she was paying to bail out Citizens Insurance if the
State had such a surplus in revenue. Representative Allen stated that he voted against
the Bill for relief to Citizens Insurance for its $1.7 billion deficit. He explained that the $2 billion of
additional storm revenue was not considered in the Citizens Insurance relief
effort. He informed that every Floridian
would be taxed on insurance holders and encouraged residents to speak out about
their increased insurance premiums during the next Legislative session. Mr.
Petsos thanked Representative Allen for his efforts on the homeowners issues
and grant funding.
Ms. June Smith asked
who would own the desalinization facility.
He explained that the desalinization plant would become a consortium as
a utility. Representative Allen expressed
that by 2025, water supplies in local reservoirs may become insufficient to
meet consumer needs and the task was to find alternative sources before that
time.
Mayor Randels
presented Representative Allen a plaque for his assistance in the City
obtaining a left turn lane traffic signal on State Road A1A and
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Emergency
Repair of Sewer Lift Station 3 in the Amount of $12,200.
3. Emergency
Repair of Two Variable Frequency Drives in the Amount of $13,500.
4. Outdoor
Entertainment Permit for National Night Out, Community Event to be Held at
Mayor
Randels asked if Council, staff or any interested party desired to remove any
of the items for discussion.
A motion was made by Mr. Nicholas and seconded by
Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
5. Motion to Approve: Ranking of Audit Firms.
Ms.
Andrea Bowers recognized the Audit Committee: Mr. Bruce Collins, Ms. Shannon
Roberts, Mr. Craig Stewart and Susan Stills, City Clerk. She explained that a Request for Proposal was
prepared and two proposals were submitted: Berman and Hopkins and McGladrey and
Pullen. Ms. Bowers stated that Ms.
Yvonne Clayborne was present on behalf of McGladrey and Pullen, formerly known
as Bray, Beck and Koetter. Mayor Randels
commended the City Treasurer for the comparative analysis. Ms. Clayborne informed that she began working
with the City’s audit in September 2001; however the firm performed the City’s audit
since 1996. She informed that the name
of the new firm is McGladrey and Pullen, part of the RSM McGladrey family, and
ranked fifth in the nation with an International component. Ms. Clayborne explained that although Bray,
Beck was purchased in October 2005.
However, for legal reasons, the audit practices chose not to fully
integrate into the new company until the summer due to, 1) legal ramifications
to the partnership agreement, and 2) to the audit requirements to ensure that
the same audit policies and procedures existed prior to merging with McGladrey
and Pullen. She concluded that an audit not only provides a snapshot of the
City’s financial position, but also an opportunity to provide consultative
recommendations.
A motion
was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Ranking of the
Audit Firms as Recommended by the Audit Selection Committee. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
6. Motion
to Approve: Proposal from Filter One
Mayor
Randels explained this as a budgeted item of $15,000 with an appropriation of
an additional $13,857 to fund the project.
The vendor is a sole source authorized provider for the Parkson Bar
Screen. Ed Gardulski, Public Works
Director, replied to Mr. Petsos that closer review disclosed the need for more
parts.
A motion was made by Mr. Bruns and seconded by Mr.
Petsos to Approve the Proposal from Filter One USA to Rebuild the Wastewater
Treatment Plant Bar Screen in the Amount of $28,857. The motion carried 5-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
7. Motion to Approve: Condition Assessment Report on the Wastewater Treatment Facility by Brown and Caldwell Engineering.
Mr.
Marco (Mike) Rocca and Ms. June Smith presented a Wastewater Treatment Facility
Condition Assessment Report. Ms. Smith
informed that she is the Cape Canaveral Client Service Manager. Ms. Smith stated that the Assessment Report
did not include any off-site component. She
summarized that the four report components as: 1) to assess the condition of
the major plant process components, 2) to determine the anticipated life
expectancy of each major component, 3) to identify maintenance cost for each
major components, and 4) to develop a replacement schedule. Ms. Smith reviewed
the Assessment Management Maintenance Plan and noted that some identified major
repairs were not budgeted expenses. Ms.
Smith called for an annual recommended funding program with built-in components
for regular repairs and replacement over a scheduled time. She concluded that $464,000 per year would
fund the plan.
Mayor
Randels asked if equipment age was factored into the funding plan. She
explained how the firm planned to implement a system of refurbishment along
with replacement. Mr. Rocca replied that one of the tables in the report
displayed the funds needs. He stated that items for expansion were eligible for
impact fee funding. Ms. Smith replied to
Mr. Bruns that the reclaimed water was not part of the distribution
system. She informed that during the
permit renewal process, she found that the Apricot Rule would apply and if the
City could use 75 percent of its reclaimed water then the system could be augmented
through other sources. She noted how the
City was previously headed toward increased percentage of use. However, due to a broken tank and
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Condition Assessment Report on the Wastewater Treatment Facility by Brown and Caldwell Engineering. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
8. Motion to Approve: Proposal from Brown and Caldwell to Conduct a Wastewater Rate Study in the Amount of $37,600.
Mayor
Randels questioned how the firm would address the condominiums that were
holding their budget sessions at this time.
Ms. Bowers explained that January 1st is an adequate
implement date. Mr. Rocca stated that
the firm could present a draft report for approval with an implementation date
of within 90-days. Ms. Bowers noted that
the rate structure for commercial property rates would be closely
reviewed. Mayor Randels stated that commercial
properties pay over 400 percent.
Mr.
Petsos asked if the Council could anticipate a rate analysis model. Mr. Rocca replied that the model would represent
different user class changes. Ms.
Shannon Roberts asked if the study would include a timeline and reflect the
population increase. Mr. Boucher replied
that the rate model was projected five years out. She also asked if the Council would consider
not increasing the rates if revenues increased.
Mr. Boucher also replied that new growth was indicated in the Building
Official’s quarterly report.
Mr. Rocca explained that percentage indicators could be adjusted prior to
making a decision. Ms. Roberts related
that with the perception of an increased revenue, a return was anticipated. Mayor Randels concluded that the Enterprise
Fund was a stand alone source of revenue.
A motion was made by Mr. Bruns and seconded by Mayor
Pro Tem Hoog to Approve the Proposal from Brown and Caldwell to Conduct a
Wastewater Rate Study in the Amount of $37,600. The motion carried 4-0
with voting as follows: Mr. Bruns, For;
Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For.
9. Motion to Approve: Grant Agreement with the Florida Department
of Environmental Protection for Replacement Playground Equipment at
Ms.
Hanson explained that the grant elements included removal of the existing
equipment, security lighting, a walkway, trees, and replacement with modern
playground equipment and fencing. She stated that most of the existing equipment
was last replaced in 1990. Ms. Hanson reminded that securing a contractor might
take a while due to a booming construction economy. She reported that the City received a total
of $549,000 in Florida Recreation Development Assistant Program grants within
the last seven years. Mayor Randels
concluded that the City worked with
A motion was made by Mr. Petsos and seconded by Mr.
Bruns to Approve the Grant Agreement with the Florida Department of
Environmental Protection for Replacement Playground Equipment at City Park in
the Amount of $112,500. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Petsos, For and Mayor Randels, For.
10. Motion to Approve: Proposal from Stottler, Stagg and Associates
for Survey Services for the
Mr. John Pekar, City
Engineer, stated that the proposal was in support of Mr. Brad Smith for a major
streetscape improvement from
that Schedule I could be completed within 30 days.
A motion was made by Mr. Petsos and seconded by Mayor
Pro Tem Hoog to Approve the Proposal from Stottler, Stagg and Associates for
Survey Services for the
DISCUSSION:
11. International
Property Maintenance Code.
Todd Morley, Building Official, initiated discussion
on the 2003 International Property Maintenance Code [IPMC] and stated that he
performed a comparative analysis between it and the City code. He outlined some of the specific reasons for
the new code and expressed that this is another set of tools for building
maintenance and code enforcement. When he spoke on screening, Mr. Petsos noted
that not all homes have screening. Mr. Morley stated that the City code does
not call for removing the door from a refrigerator at time of disposal. Mayor Pro Tem Hoog stated that law
enforcement does cite this as a violation.
Mr. Morley informed that the IPMC set a standard for overcrowding. He replied to Mayor Pro Tem Hoog that the code
could only be enforced if staff were invited in the residence.
Mayor Pro Tem Hoog expressed his disfavor with the
IPMC since the first discussion stating that a person would have the ability to
regulate areas outside the scope of an inspection. Mr. Bruns cautioned that any succeeding
Building Official would have the potential to abuse the provisions. Mr. Morley related that he reviewed the list
of acceptable provisions with a former Council Member and asked if the Council
desired to review that list. Mr. Petsos stated
that some provisions could also be added. Ms. Bowers stated that tenants have
the ability to seek a remedy due to landlords.
Mayor Randels sought consensus on the favorable provisions. Mr. Morley
stated that some provisions would not apply to the City of
A motion was made by Mayor Randels and
seconded by Mr. Petsos to extend the meeting for an additional 15 minutes in
order to conclude business. The motion carried 4-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, For; Mr. Petsos, For and Mayor Randels, For.
RESOLUTIONS: Add-on Items:
12. Motion to Adopt: Resolution No. 2006-23; Final Replat of
Villagio Townhomes, Lots 1, 2, and 3, Block 1 of Avon by the Sea on the East
Side of North Atlantic and South Side of Washington Ave, Ron Wallen, Applicant.
Mayor Randels read Resolution No. 2006-23 by
title.
A RESOLUTION OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF
“VILLAGIO TOWNHOMES”; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE
PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels stated that the Council’s task was to
accept the Board and staff’s recommendation.
Attorney Garganese stated that generally setback requirements are not
indicated on the plat.
A motion was made by Mr. Petsos and seconded
by Mr. Bruns to Adopt Resolution No. 2006-23. The motion carried 3-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, Abstain; Mr. Petsos, For and Mayor Randels, For.
13. Motion to Adopt: Resolution No. 2006-24; Preliminary Replat of
Laws Townhomes, Lot 5, Block 69, Avon by the Sea, East of North Atlantic (A1A)
and South Side of Lincoln Ave., Thomas and Nancy Laws, Applicants.
Mayor Randels read Resolution No. 2006-24 by
title.
A RESOLUTION OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY
RE-PLAT OF “LAWS TOWNHOMES”; AUTHORIZING THE MAYOR AND THE CITY CLERK TO
CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels
stated that all recommendations were submitted.
There was no discussion.
A motion was made by Mr. Bruns and seconded
by Mayor Pro Tem Hoog to Adopt Resolution No. 2006-24. The motion
carried 4-0 with voting as follows: Mr.
Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For.
REPORTS:
1.
City
Manager
·
Mr.
Boucher reminded that the next Budget Workshop Meeting on Tuesday, July
25th at 5:30 P.M.
·
Mr.
Boucher requested agreement on a Joint Moratorium Meeting with City
Council and the Planning and Zoning Board for Wednesday, July 26th
at 5:30 P.M. Council
·
Mr.
Boucher requested the following issues for the next Planning and Zoning Meeting
– 1) to repeal the Code Section that allow fuel tanks in industrial areas by
Special Exception, and 2) to enact a moratorium until that occurs.
Attorney Garganese replied
to Mayor Pro Tem Hoog that by eliminating that Special Exception, the City
would eliminate Coastal Fuels rights of expansion. He stated that a code change might be
challenged in that their option to apply for a special exception would be
eliminated; however, there is no entitlement in applying for a special
exception. Discussion continued on allowing the process
to proceed to the Planning and Zoning Board.
·
Mr.
Boucher stated that he would be out of town as of Wednesday, July 19th
and would return on Friday, July 21st and Susan Stills would
remain in charge.
·
Mr.
Boucher stated for the record that the public notices were sent according to
the code. He stated that the radius
was 500-feet. He stated and affirmed with the Building Official that Coastal
Fuels would provide an additional courtesy notice. Ms. Roberts replied that the
2. Staff
·
No
reports.
AUDIENCE TO BE HEARD:
·
Ms. Roberts asked the Council to invite the Business and Cultural Development Board Members to participate on the
moratorium issue.
·
Mr. Dunn informed that Waste Management
instructed his spouse to put a stove in front of their
home for pick-up in five days. He found that unacceptable customer
service.
3. City Council
Council
Member Petsos
·
Mr. Petsos requested to cancel the August 1st
Council Meeting due to the National Night Out. Ms. Bowers reminded that a Council meeting was
needed to adopt the Resolution on the Tentative Proposed Ad Valorem Rates and
State Law required that the meeting be held at 5:30 P.M. and if the County and
School Board are holding a meeting, then the Council could not schedule a meeting
on the same night. Mr. Boucher
recommended Monday, July 31st at 5:30 P.M. Ms. Bowers would check on the County and
School Board’s meetings.
A
motion was made by Mr. Petsos and seconded by Mr. Bruns for an Add-On Item and
a Motion to Cancel the
ADJOURNMENT:
There being no further business, the Chair
adjourned the meeting at 10:35 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK