CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

January 16, 2007
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

Council Member Buzz Petsos

Mayor Rocky Randels
Council Member Shannon Roberts

Others Present:

City Manager Bennett Boucher
City Attorney Anthony Garganese

City Clerk Susan Stills
Building Official Todd Morley
Public Works Director Ed Gardulski

PRESENTATION:

2006 Reindeer Run Proceeds Check to United Way of Brevard County
and Sponsorship Recognition

Mayor Randels called on Ms. Kim McIntire, Reindeer Run Race Director, to make the presentations for the 2006 Annual Reindeer Run. Ms. McIntire announced that she was transitioning the race coordination to the Recreation Department and stated that she thoroughly enjoyed her 11 years as race director. She would be available as a consultant for upcoming races. Ms. McIntire thanked the volunteers with the United Way and with the City staff, the Fire and the Sheriff’s Departments, the Kiwanis Club, especially Ms. Suzanne Sparling of the Brevard County United Way.

Ms. McIntire recognized the race’s Three-Star Community Event Partners who made a $2,500 cash donation: Ashley Taylor and Susan Key representing Greene International Real Estate and Jim Morris of Tech Vest, Inc. Ms. McIntire presented awards to the major $1,000 cash or in-kind sponsors: Monica Teran of AJT & Associates/ Meadowhawk, Paul Malucchio of Blue Note, Inc. and Sergio Monchia of Clear Channel Outdoor, Attorney Anthony Garganese of Brown, Garganese, Weiss and D’Agresta , John Grandlich representing Ron Jon Cape Caribe Resorts, Inc., and Jim Tuggle with Waste Management, Inc.. Ms. McIntire reported that Transmontaigne who was a Three-Star Community Event Partner and Mike and Mindy of Lite Rock 99.3 FM were unable to attend tonight’s presentation.

Ms. McIntire reported that 411 runners and walkers participated in the event. She presented the first check, and the largest contribution to date, of $14,069.83 to Mr. Rob Rains to start the 2007 Brevard County United Way campaign. Mr. Rains expressed appreciation to the City and its sponsors for hosting the event. Bennett Boucher, City Manager and Mr. Rains presented Keys to the City and roses to Ms. McIntire and Ms. Sparling.

Mayor Randels referred to an article that expressed appreciation to the United Way for their work in the community. He noted how one young college student funded the program in a small but beneficial way and that Publix Corporation employees contributed $654,272. The Harris Corporation employees contributed the top-ranking $922,000. There were 25 campaigns that comprise 72 percent of the overall funds of $6.1 million. Mayor Randels disclosed how he had witnessed Mr. Rains personally taking care of people in need of a meal. He stated the fact that approximately 90 percent of the total funding collected meets the needs of United Way recipients in Brevard County.

Mayor Randels also noted that the need is a reality. For example, minimum wage workers in Brevard must work up to 80 plus hours per week to pay rent at the fair market value in the County. Mr. Rains reported that the United Way of Brevard County has become one of the top ten in percentage of campaign growth in the nation. Mayor Randels thanked the United Way for their work in the community and recognized the race as an effort of the Business and Cultural Development Board. Mayor Pro Tem Hoog also commended Ms. McIntire and Ms. Sparling for their work on the race.

CONSENT AGENDA:

1. City Council Special Meeting Minutes of November 9, 2006.

2. City Council Regular Meeting Minutes of December 19, 2006.

3. City Council Regular Meeting Minutes of January 2, 2007.

4. Proposal for Spring Landscaping in the Amount of $8,650 by Green Blades of Central Florida.

5. Outdoor Entertainment Permit for a Community Celebration at Manatee Sanctuary Park.

Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion.

No request was made to remove any item for discussion.

A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Accept Consent Agenda Items No. 1 through 5. 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.

Mayor Randels questioned if Item No. 12 should be moved to this portion of the meeting to accommodate those in the audience who might choose to speak on the subject.

Mr. Boucher replied to Mayor Randels that Discussion on the Sign Code would establish if there was a need for a Workshop Meeting. Todd Morley, Building Official, affirmed that there were people in attendance who were looking forward to discussion. Mr. Nicholas suggested hearing concerns only without responding dialogue. Mr. Petsos clarified that any discussion would proceed to the Planning and Zoning Board.

A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Amend the Agenda to Accommodate Item No. 12. Motion carried unanimously.

12. Sign Code Amendments.

Mr. Ryan Williams, a local artist, graduate of the Ringling School of Art and Design, and an artist of local murals namely the Heidelberg Restaurant introduced himself. He explained how if a mural depicts what the establishment is selling, it becomes a sign. Mr. Williams stated that this hindered him doing artistic expressions in Cape Canaveral. He noted that although there were some murals in Cape Canaveral, business owners expressed that they did not desire to have murals due to the permitting process. Mr. Williams explained the benefits of how murals prevented graffiti and deterred transient activity due to its attention gaining factors. So far he has concentrated on downtown Cocoa Beach.

He distributed art work for Council’s review. Mr. Williams restated how murals draw attention to alleyway areas and this would hinder transient activity. He noted that he did two murals for the Marriott of Cocoa Beach, one of them in the employee break room that enhance morale. Mr. Williams explained how he could reface a building with a mural at a reasonable cost. Mr. Petsos noted that he was aware of Mr. Williams work and he would like for the Council to consider murals for both business and residential structures. Mr. Williams stated that in Cocoa Beach he could paint a mural as long as it does not depict the establishment’s type of business. Mr. Morley affirmed to Mayor Randels that he would keep all parties interested in the Sign code discussion informed of any meetings.

Mr. Bud Birch, the engineer for Country Inns and Suites in Cape Canaveral, stated that the firm has an approved set of plans for three building signs on the property. One sign was eliminated in lieu of a Pylon sign approved by the Community Appearance Board. The Building Official informed them that only two signs were allowed; however, the plans were approved with three building signs with one eliminated in lieu of the Pylon sign. Mayor Randels explained that any hotel or shopping center was allowed two of three options of wall or ground signs and Mr. Birch was seeking another sign to meet the needs of the property’s size. Mr. Birch informed that the hotel removed a sign that faced the river from the plans and sought approval for the Pylon sign. Mayor Randels summarized that Mr. Birch was requesting Council’s review of the current restriction on signs for multi-tenants. Mr. Birch concluded that the Pylon sign was conducive to business and therefore beneficial to the City.

Mr. Pat Luney, General Manager for the Residence Inn, stated that he too would like to see the ordinance changed to accommodate three building signs. He addressed the two unique factors facing both hotels in that: 1) the Residence Inn has 476 feet of frontage and they desired a Pylon sign at the opposite end of the building, and 2) additional signage would attract tourists who in turn benefit the local economy.

Mr. Randy Wasserman, Chairperson for the Community Appearance Board, stated how often times there was difficulty with signage between subjectivity and objectivity. He related the desire of the Community Appearance Board to make recommendations to the Planning and Zoning Board. Mayor Randels explained that the City Attorney addressed the changes in order not to discriminate on signs through wording that distinguish a real estate from a lost animal sign. Mr. Wasserman noted the use of trailer signs and spoke on the public good of the City’s sign regarding fireworks discharge. However, he noted that businesses are now using advertising trailer signs on State Road A1A. He also pointed out the need to maintain murals since they become unsightly in a deteriorating state.

Mr. Steve Hook, Realtor, stated that Open House signs were not allowed. He explained that Realtor signs were of a better grade than Garage Sale and lost animal postings. Mr. Hook pointed out that home sales were impeded when signage was not allowed that would lead buyers to an Open House. Mayor Randels stated that there were inequities in the existing Sign Code that disallow election and real estate signs but not garage sale signs.

Ms. Diana Kennedy, owner of the Lamp Post, pointed out that her establishment is
7-feet lower than State Road A1A and the view of her signage was blocked although it was on top of the building. She requested a higher height limitation. Mr. Morley suggested a provision for variance applications. Mr. Morley stated for the record that those in the audience with concerns could contact his office for a copy of the proposed ordinance.

The audience thanked the Council for hearing their concerns.

CONSIDERATIONS:

6. Motion to Approve: Interlocal Agreement with Brevard County for the Transfer of N. Atlantic Avenue, Ridgewood Avenue and Central Blvd.

Mayor Randels stated that the streets in questions would again become City maintained roads and the County would provide $167,000 for road improvement. He cited the road locations as: North Atlantic Avenue between State Road A1A and Port Canaveral, Central Blvd. from Ridgewood on the east to State Road A1A and all of Ridgewood Avenue. Mr. Boucher referred to Section 7, Page 2 of the Agreement identifying that the City would assume ownership and maintenance of North Atlantic Avenue subsequent to completion of the two proposed projects. Mayor Randels clarified that the County would provide funding to complete the intersection and widening improvements of North Atlantic Avenue between State Road A1A and Port Canaveral. The $167,000 is allotted for Ridgewood Avenue subsequent to the landscaping and street design project including the extension north to Central Blvd. and to Grant Avenue on the south end. Mr. Boucher referred Mr. Nicholas to Page 1, Section 3 of the Agreement for an outline of Projects 1, 2 and 3.

Ms. Roberts requested clarification on how the determined funding would meet the defined projects. Mr. Boucher replied that the County was providing $167,320 for the City to resurface Ridgewood Avenue in lieu of them performing the work and also due to the City’s landscape/ streetscape project. Mayor Randels explained that the County would provide the funding needed to complete the intersection and the widening between State Road A1A and Port Canaveral as well as perform the work. Mayor Randels affirmed for Ms. Roberts that the County would provide the widening and resurfacing of North Atlantic Avenue and Central Blvd.

Ms. Roberts asked if the road widening included the area near Shorewood Drive. Mr. Boucher responded that the County would exclude the portion that was the developer’s responsibility. He responded that completion of the project was dependent on the availability of funds. Mr. Boucher clarified that the City would not take possession of the roadway until the middle turn lane project was completed. Ms. Roberts questioned the status of North Atlantic Avenue in light of all other County projects. Mr. Boucher responded that the only funding for North Atlantic Avenue was paving funds. He explained that the design and preliminaries would precede paving. Ms. Roberts related the lack of understanding in the community for the North Atlantic Avenue project’s scope and that the residents would like to see it as a priority project.

Mr. Boucher stated that he would need to establish if the County Road and Bridge crew could perform the intersection project or if it would proceed to bidding. He stated the engineer’s estimate as slightly over $700,000. Ms. Roberts related that the residents would find the project a beneficial return in the investment to the County. She expressed appreciation but also expressed the need to continue to seek the cost analysis of the citizen’s contribution towards taxes paid to the County and said that the total amount contributed to date would probably exceed that amount.

Mr. Petsos clarified that Ms. Roberts was speaking of tax dollars not impact fees. Mayor Randels expressed that the City was entitled to the Impact Fees that were paid by each new development to the County. Ms. Roberts related that the North Atlantic Avenue project was the number one call of concern. Council members discussed the need for an artist’s rendition of the intended finished project for North Atlantic Avenue such as the one for Ridgewood Avenue. Mr. Nicholas suggested including the project in the City Goals and Objective session.

Ms. Annie Tennebaum reiterated on the North Atlantic Avenue project which had many difficulties attached to it. She requested a timeframe to establish how the project would evolve. Mayor Randels responded that a step plan toward completion might help. Ms. Tennebaum agreed that a report would be encouraging to her and other residents. Ms. Roberts included that awareness of the steps as well as who is responsible for those steps and their anticipated cost was needed. Her understanding from the residents was that much of the development on North Atlantic Avenue was done without community involvement.

Mr. John Gedney stated that he has heard discussion on North Atlantic Avenue for three years. Mayor Randels stated that once the road improvements were complete then the City would assume maintenance for North Atlantic Avenue; however, Ridgewood Avenue did not need any preceding repair work. He stated that the County worked with available funds. Ms. Roberts stated that the County has had the available funding; however, the City was not receiving a return on its tax dollars. Mayor Randels explained for purposes of difference that impact fees could be monitored toward their designate purposes.

Mr. Nicholas emphasized the City’s need to ensure that the County completed the project. Mayor Pro Tem Hoog pointed out the high cost of engineering fees. Ms. Roberts restated that the citizens have paid a large amount of taxes and have anticipated a return on their tax dollars. Mr. Petsos expressed the need for the Port to participate in road funding and requested that the City Manager work with the County to secure the funding from the Port. Mr. Boucher replied that the Florida Department of Community Affairs determined that the Port had to comply with the State’s concurrency laws and if it met the District Regional Impact threshold it would need to meet those criteria as well.

Mr. Gedney stated that he too desired a time line. He noted that the increased traffic with the development of the Port and the new Ron Jon’s project should make the roadway a priority. Mr. Petsos expressed the hope to include the new County Commissioner in the discussion. Ms. Roberts expressed concern with the County not receiving the message to complete the project in its entirety. Mayor Randels explained that each district received $5 million in funding and Cape Canaveral received $467,000 to complete the three roads. He stated that the funding was bonded over the next twenty years for this project. Ms. Roberts stated that this did not include what was invested in the past. She expressed the concern of the taxpayers over previously contributed taxes. Mayor Randels concluded that the Agreement would permit the City to take back North Atlantic Avenue, Ridgewood Avenue and Central Blvd. either with the funding for improvement or when they were improved. Ridgewood Avenue would be assumed immediately upon receipt of funding.

Ms. Roberts indicated that the map did not depict the whole of the City. Mayor Randels reviewed that the Agreement would provide funding needed to complete the intersection and lighting improvements on North Atlantic Avenue between State Road A1A and Port Canaveral. This project included adding a center turn lane from south on Central Blvd. to Port Canaveral, from Central Blvd. to State Road A1A, and it also included adding south and north bound left turn lanes at North Atlantic and Central Blvd. The County would also resurface Central Blvd. Ms. Roberts affirmed that her question could be answered from Exhibit C and not Map 2.

A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Interlocal Agreement with Brevard County for the Transfer of North Atlantic Avenue, Ridgewood Avenue and Central Blvd. 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.

7. Motion to Approve: Public Works Maintenance Building, Change Order Number One in the Amount of $27,929.

Mr. Boucher reported that the Public Works Director chose to table this item for further research on the Change Order; therefore, no action was taken.

RESOLUTIONS:

8. Motion to Adopt: Resolution No. 2007-01; Urging the Members of the Florida Legislature to Support Municipal Issues During the 2007 Legislative Session.

Mayor Randels read Resolution No. 2007-01 by title.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL URGING THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION.

Mayor Randels explained that the Florida League of Cities representing 413 cities consolidated their main priorities for Legislative review. He stated the issues as: restoring and maintaining municipal Home-Rule authority, supporting a fair and equitable tax structure, preserving the dedicated documentary stamp fees, providing a comprehensive and uniform workers’ compensation system for all municipal employees, regardless of employee classification, providing a dedicated and recurring source of income including municipal local-option fuel taxes, requiring legislative authorization prior to the Florida department of Transportation removing or delaying any project that is contained in the FDOT Five-Year Work Plan and preserving municipal authority to franchise cable and video services. Mr. Petsos clarified that four main committees within the League of Cities comprised the priority list.

A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Adopt Resolution No. 2007-01 Urging the Members of the Florida Legislature to Support Municipal Issues During the 2007 Legislative Session. 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.

9. Motion to Adopt: Resolution No. 2007-02; Supporting the Apollo Road Extension Project.

Mayor Randels read Resolution No. 2007-02 by title.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE APOLLO ROAD EXTENSION PROJECT AND THE FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2011/2012; MAKING FINDINGS; REQUESTING THE FLORIDA LEGISLATURE, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FLORIDA TRANSPORTATION COMMISSION RESPOND TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FISCAL EYAR 2007/2008 THROUGH FISCAL YEAR 2011/2012 TENTATIVE WORK PROGRAM BY REINSTATING STATE FUNDING FOR THE APOLLO BOULEVARD EXTENSION AND PROPOSING INNOVATIVE FINANCING APPROACHES FOR TIMELY PROJECT COMPLETION; PROVIDING FOR AN EFFECTIVE DATE.

Mayor Randels explained that this project was first on the priority list since 1993. He stated that the cities in the south part of the County have also supported this project that covers several municipalities. Mayor Randels clarified that the Apollo Road extension has been in the planning stages since 1985. Mayor Pro Tem Hoog expressed his support for the Resolution for the purpose of unity among municipalities. Mr. Petsos expressed his concern that funding from District Two would be used to complete this road extension. Mr. Nicholas clarified that so much past funding has been expended in the south County. Ms. Roberts asked if the other municipalities endorsed Cape Canaveral’s project. Mayor Randels affirmed that the other cities expressed their support for the State Road A1A project. Mayor Pro Tem Hoog clarified that the other cities have offered their support and he restated that unity among municipalities was the strongest manner to approach the legislature.

A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to Adopt Resolution No. 2007-02; Supporting the Apollo Road Extension Project. 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.

10. Motion to Adopt: Resolution No. 2007-03; Supporting the Palm Bay Road Widening Project.

Mayor Randels read Resolution No. 2007-03 by title.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE WIDENING AND RECONSTRUCTION OF PALM BAY ROAD AND THE FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM; MAKING FINDINGS; REQUESTING THE FLORIDA LEGISLATURE, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FLORIDA TRANSPORTATION COMMISSION REVISE THE TENTATIVE FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2007/2008; REQUESTING THAT THE FUNDING FOR THE PALM BAY ROAD WIDENING AND RECONSTRUCTION PROJECT BE RESTORED TO FISCAL YEAR 2007/2008; REQUESTING THE CONSTRUCTION BEGIN IN FISCAL YEAR 2007/2008; PROVIDING FOR AN EFFECTIVE DATE.

Mr. Petsos stated that his comments on this project were the same as the previous item. Mayor Randels responded to Ms. Roberts that project priorities change based on funding.
He concluded however that the State Road A1A project would continue although the Interstate 95 project was now a top priority.

A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2007-03; Supporting the Palm Bay Road Widening Project. 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.

11. Motion to Adopt: Resolution No. 2007-04; Approving the Final Replat of Sea Shell Cay Townhomes.

Mayor Randels read Resolution No. 2007-04 by title.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF “SEA SHELL CAY TOWNHOMES”; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.

Mayor Randels addressed this request for the final re-Plat of Lot 4, Section 14 of the northeast quadrant of North Atlantic Avenue and Harbor Drive. The Planning and Zoning Board heard and approved the request by unanimous vote January 10, 2007. The re-Plat met all concurrency criteria with a Level of Service of 283 available peak hour trips between the north City limits to Central Blvd., and met concurrency for water availability, solid waste, environmental, historical, architectural and archeological resources in the area and population. This development would generate between 8 to 10 new people.

Mayor Pro Tem Hoog disclosed that he was the electrical contractor on this project and he would abstain from voting due to his Conflict of Interest. Mayor Pro Tem Hoog pointed out that the development’s density was actually half of what could have been developed.

A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Adopt Resolution No. 2007-04 Approving the Final Replat of Sea Shell Cay Townhomes. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, Abstained; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.

DISCUSSION:

Item No. 12 was discussed earlier in the meeting.

13. Draft Interlocal Agreement for Public School Facility Planning and School Concurrency.

Mr. Boucher explained that a State mandate for Public School Facility Planning was part of concurrency management planning. He stated that this added step in the residential development process called for review by the School Board. Mr. Boucher reported that the School Board hired a consultant to develop a draft Agreement for review. This Agreement was also presented to the Space Coast League of Cities. The School Board applied for grant assistance from the Florida Department of Community Affairs and received $25,000. He responded to Mayor Randels that the student population at Cocoa Beach High School would impact development and the School Board would notify the City once the school’s capacity threshold was reached.

Mr. Petsos clarified that a number of out-of-area students attend Cocoa Beach High School. Mr. Boucher pointed out the benefit in Section 8 of the Agreement that called for collocation and shared use. He explained how this could benefit community groups for meetings at the proposed Cocoa Beach High School auditorium. Mr. Boucher explained that the mainland communities expressed their concern with this new concurrency planning in light of proposed annexation. Mr. Petsos related that this was first proposed through Senator Mel Martinez and he expressed his favor. The City Manager would keep the Council apprised.

14. Brevard Workforce Housing Ordinance.

Mr. Boucher explained that Geo Ropert and Kristin Bakke of LEAD Brevard were working on this matter and the intent of the ordinance was for developers to set aside areas of affordable housing in their projects. He stated that the County had a good program to start and he asked the Council to review and see if any of the development incentives would meet the City’s needs. Mr. Petsos shared the benefit of using State funds and of using the proposed incentives. Mayor Pro Tem Hoog pointed out that the high cost of land meant increased density and the City did not desire to seek that avenue. Mr. Boucher related that LEAD Brevard was available to assist the municipalities and he could arrange a Workshop with the Planning and Zoning Board. Ms. Roberts commented that affordable housing also factors into the City’s future for quality of life and businesses. It would play a large part in future strategic planning and also play a role in land redevelopment. Mayor Randels concluded that the Council would like to hear more on the subject. Mr. Petsos stated that this is a priority of the Florida League of Cities president.

REPORTS:

1. City Manager

· Mr. Boucher reported that he met with the new County Commissioner, Chuck Nelson, in the past week. He expressed that overall he anticipated a cooperative effort in working with the Commissioner. Mr. Boucher also reported that he gave Commissioner Nelson a copy of the property tax letter and informed him that the County might be in violation of the State Constitution. Mr. Nelson replied that he would seek an answer as well as speak to the Budget Director directly. Mr. Boucher related to Commissioner Nelson that the County’s General Fund Tax Levy received up to $5.7 million in tax funds. He explained that a County could not tax a municipality and use the proceeds of those tax dollars that were derived from that municipality to improve or fund any project or operations within the unincorporated areas for the benefit of the unincorporated residents.

· Mr. Boucher also discussed acquiring Cherie Down Park with Commissioner Nelson, the Ridgewood Avenue project in order to include the Avon-by-the-Sea area, and North Atlantic Avenue general maintenance preceding the actual road improvements. Mr. Boucher reported that Commissioner Nelson hoped to meet with the Council in the future.

· Mr. Boucher reported that the City of Cocoa Beach planned to purchase a beach rake for $52,000.

· Mr. Boucher spoke with Dr. Kevin Bodge of Olsen & Associates to seek a Federal No Take Permit from the U.S. Fish and Wildlife which would provide an exemption for beach cleaning. In Daytona Beach this permits vehicles to drive on the beach during turtle nesting season with the permit.

· Mr. Boucher reported on the proposed Manatee for Portugal. He stated that the original 5-foot manatee was $2,130. There was $700 in contributions available from Mr. Nicholas, $100; All-Shores Construction, $500 and Bruce Collins, $100. Mr. Nicholas stated that City funds should be available for use as well. He expressed if there was no reciprocal gift for Vila do Bispo who named a park and a street after Cape Canaveral then there was no need for the Sister City program. Mr. Petsos stated that previous discussion brought out that businesses could also assist with the funding. Discussion continued on funding.

Ms. Judy Hale, Chairperson of the Beautification Board, stated that the Board was in unanimous agreement to send a manatee to Portugal. She pointed out that contributions from individuals did not collectively represent the City and stated that Beautification funds were available. Ms. Hale emphasized that Vila do Bispo named a park after Cape Canaveral as well as accommodating the Mayor and the Public Works Director during their visit. She reminded that the manatee project preceded the Center Street gazebo project by many months. Ms. Hale expressed her embarrassment for the City in asking for individual contributions and not expending its own funds for the gift to Portugal. Mr. Nicholas pointed out that money was available in the Recycling Fund which was not taxpayer dollars. Mayor Pro Tem Hoog replied that the Recycling Fund was established for playground equipment. He explained that Beautification Funds were by Referendum strictly for the City’s own beautification.

Ms. Hale restated that individual contributions should not be considered funding from the City. Mr. Petsos expressed that he found it difficult to spend taxpayer dollars for a manatee for Portugal. Mr. Boucher reported approximately $40,000 in the Recycling Fund. Mayor Pro Tem Hoog restated that the Recycling Fund was intended to purchase playground equipment. Ms. Roberts inquired as to what Portugal gave to Cape Canaveral. Mayor Randels replied that the Portugal hosts paid for accommodations, travel, and meals throughout their community. Mr. Boucher reported that the Portugal visitors presented: a ship replica, medallion coins, flags, music CD’s, books, pens, and cultural brochures. Ms. Roberts asked if Cape Canaveral citizens had access to these items and if the manatee gift exchange were done this could provide an explanation to the City’s residents as to why the gift was sent to Portugal. Mr. Nicholas reported that the Board reviewed several items and obtained various pricing options that resulted in a detailed decision. Mayor Randels informed that the gifts from Portugal could be found at the Cape Canaveral Library, the City Manager’s office and at his home. Ms. Roberts expressed that the Beautification Board gave much thought to the gift; however, she also expressed her discomfort in proceeding without a full scope but acknowledged Ms. Hale and Mr. Nicholas for desiring to proceed. She replied to Mr. Boucher that a fuller scope of discussion might uncover another gift. Mr. Boucher informed that Vila do Bispo also admired flags and they had a flag designed with Cape Canaveral’s logo. He replied to Ms. Roberts that their image of the City was predominately the space industry.

· Mr. Boucher reported that the Beautification Board is seeking another model Space Shuttle and the Board desired feedback on whether to secure contractors or seek volunteers. Mr. Boucher noted that previous quotes ranged from $32,000 to $150,000. Ms. Roberts related the City Treasurer’s thoughts that submitting an informal inquiry for local talent in the community may meet the threshold cost of less than $20,000. She suggested exploring this with the Board and gaining their input. Mayor Randels affirmed that the original shuttle was built by local firefighters and if the City could provide the materials, he believed that it could be done. Mayor Pro Tem Hoog related details of the original shuttle construction which was done for a parade float. Council expressed a desire for the City Manager to seek rebuilding of the model shuttle. Mr. Morley clarified that a mobile, temporary structure required a permit.

· Mr. Boucher announced that Commander Scragg would not be available for the Law Enforcement meeting scheduled for Monday, January 29^th which would be rescheduled for Monday, February 5^th at 5:30 P.M.

· Mr. Boucher reported that the Sewer Rate Study meeting would remain on Tuesday, January 30^th.

· Todd Peetz, City Planner, reminded of the second Evaluation and Appraisal Report Town Meeting at the Cape Canaveral Library on Thursday, January 25^th at 5:30 P.M. Ms. Roberts related that feedback from the previous meeting asked for more facilitative participation if the format planned were the same as the last meeting. Mr. Peetz related from the Schimberg Report that 75 percent of residences were unaffordable and there was only 7 percent vacant land. Mr. Peetz requested that the Building Official, the Public Works Director and the Recreation Director be present at the meeting.

· Mr. Boucher announced an Architects Design Group meeting for City Hall and the Police Department facilities on Wednesday, January 31^st at 5:30 P.M.

2. Staff

Building Official

· No report.

City Clerk

· No report.

City Attorney

· No report.

AUDIENCE TO BE HEARD:

· Mr. James Hale restated a previous concern on the litter created by the Hometown News stating that Chapter 34 of the City Code establishes the violations for litter. Mayor Randels replied that the City did have an ordinance for litter on vacant or unoccupied property; however, U.S. mail and newspapers were exempt. Mr. Boucher replied that the Circulation Department told his office that the Hometown News was working to remedy this situation by going to subscription service. Mr. Hale pointed out that the papers were delivered regardless of the type of property. Mayor Randels read under City Code Section 34.55 that, “delivery was not allowed to vacant property.” Ms. Roberts suggested a fine process and Mr. Petsos suggested citing the distributor for littering. The City Manager would seek relief through the City Attorney’s office. Ms. Hale also informed how the papers were left beside a cluster box at King Rentals causing additional clean-up work.

ADJOURNMENT:

There being no further business the meeting adjourned at 10:10 P.M.

________________________________

Rocky Randels, MAYOR

________________________________
Susan Stills, CMC, CITY CLERK