CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
February 20, 2007
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon
Roberts
Others Present:
City Manager
City Clerk Susan Stills
City Treasurer
Recreation Director Nancy Hanson
Fire Chief David
Sargeant, CCVFD
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of
February 6, 2007.
2. Proclamation
in Honor of Irish-American Heritage Month.
3. Resolution
No. 2007-05; Appointing an Alternate Member to the Planning and Zoning Board,
Ronald Friedman.
4. Outdoor
Entertainment Permit for the Space Coast Little League Opening Day Ceremonies.
Mayor Randels announced that the Little League
Opening Day Ceremony would begin at 10:00 A.M.
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 of the items for
discussion.
A motion
was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Accept Consent
Agenda Items No. 1 through 4. 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 acknowledged Ms. Tammy Roberts, the new
Reporter for the Hometown News. He noted
some of Ms. Roberts most recent articles in the paper.
CONSIDERATIONS:
5. Motion
to Approve: Quarterly Budget Report and
Transfers for the First Quarter of Fiscal Year 2006/ 2007, Quarter Ended
12/31/2006.
Ms. Bowers reported that there were few changes to
the Annual Budget. She stated that the
City was in good financial position. Ms.
Roberts asked if Ms. Bowers foresaw any financial challenges. Ms. Bowers replied the Sewer Fund due to the
Rate Study. Mayor Randels commended Ms.
Bowers on her work tracking the City’s accounts. Ms. Roberts questioned the possible impact of
the property taxes on the City’s budget.
Ms. Bowers replied that she performed a very preliminary analysis
considering the possible result of an additional $25,000 homestead
exemption. She stated that the State did
not historically collect property taxes and this could impact not only the
cities, but its residents who need their services. Mayor Randels noted that the
property taxes were a municipalities’ primary revenue source. Ms. Bowers added that the County and the
School Board also relied heavily on property tax revenue. Mayor Randels related that there were many
rural, poorer counties in the northwest part of the State that could become
bankrupt as a result of the proposed additional exemption due to their already
low tax base.
A motion
was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Quarterly
Budget Report and Transfers for the First Quarter of Fiscal Year 2006/ 2007
Quarter Ended 12/31/2006. 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.
6. Motion
to Approve: Proposal for Little League
Field and Basketball Court Lighting.
Nancy Hanson, Recreation Director, explained that the
she obtained three quotes for the fixture and lamp installation that Council
approved at a previous meeting. She
reported that East Coast Power was the low bidder. Ms. Hanson stated that she included lights
and cross arms for the Basketball Court as well as the Little League
Field. She informed that she contacted
the Titusville Area, North Brevard Little League and found the company’s work
favorable. Mayor Randels informed that
the $13,453 expense would come from Recreational Impact Fee account which was
created through taxes on new development. Ms. Hanson replied to Mr. Petsos that
the project could be completed without disturbing the new sod on the Little
League Field. A resident asked if the
lighting was energy efficient. Ms.
Hanson replied that the lighting provided for up to
10,000 hours and concluded that the lighting was state-of-the-art. Mayor
Randels invited all residents to the Opening Day Ceremony on March 10th.
A motion
was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the
Proposal for the Little League Field and Basketball Court Lighting. 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.
ORDINANCES:
Second Public Hearing:
7. Motion
to Adopt: Ordinance No. 01-2007, at Second Reading.
Mayor
Randels read Ordinance No. 01-2007 by title.
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; PROVIDING FOR
A DEFINITION OF “LIQUIFIED PETROLEUM GAS;” REPEALING THE DEFINITION OF “FIRE
DISTRICT;” REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM
IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING
SECTION 110-485 TO LIMIT THE STORAGE OF LIQUIFIED PETROLEUM GAS FOR
DISTRIBUTION PURPOSES TO 1000 GALLONS PER LOT OF RECORD; MAKING CONFORMING AND
MISCELLANEOUS AMENDMENTS; MAKING FOR CONFORMING AND MISCELLANEOUS RECORDS,
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE AN EFFECTIVE DATE.
Mayor Randels stated that the Ordinance was property
advertised on January 29th for the first meeting on February 6th
and advertised on February 13th for this meeting on February 20th. Mayor Randels noted that the City Attorney
changed the wording after “1,000 gallons per” from “parcel of land” to “per lot
of record.” Attorney Garganese explained that based on discussion at the previous
meeting, the standard was established to 1,000 total gallons of tank capacity
and in order to clarify the definition of parcel it was termed lot of
record. A lot of record would include a
combination of contiguous lots of record that are either under single
ownership, unified in title or used for common development purposes. Therefore, if an operation or site aggregated
multiple parcels it would be considered one lot for purposes of this Section
and they would be entitled to a tank not to exceed 1,000 gallons of capacity.
Attorney Garganese replied
to a resident’s inquiry that the tank capacity referred to any lot of
record. Chief Sargeant pointed out that
the key language in the Ordinance was “distribution.” He stated that the amount of gas for use in a
residential area as a utility stored such as that to heat food was regulated by
the National Fire Protection Agency and is a State Statute.
A motion
was made by Ms. Roberts and seconded by Mr. Nicholas to Adopt Ordinance No.
01-2007 at Second Reading. 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.
The
residents in the audience thanked the Council for hearing and responding to
their concerns.
Ms. Roberts complimented the community for taking an
active role in the education that led to the decision making process.
Mayor Randels acknowledged that the City Manager
would address the concerns in Ms. Annie Tannebaum’s letter.
8. Motion
to Adopt: Ordinance No. 02-2007, at Second Reading.
Mayor
Randels read Ordinance No. 02-2007 title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 70, TAXATION; TO CHANGE
THE TERM “OCCUPATIONAL LICENSE TAX” TO “LOCAL BUSINESS TAX” CONSISTENT WITH
FLORIDA LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, ALCOHOLIC BEVERAGES,
CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38,
FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82,
BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE
CODE AN EFFECTIVE DATE.
Mayor Randels stated that the Ordinance was properly
advertised on February 10th.
He emphasized that the amended Ordinance would deter a false presumption by the
consumer that an individual had licensing qualifications to do business in the
City. Attorney Garganese referred to
Page 15, Section 10-128 and informed that he would proof the Ordinance a final
time to amend the language to general neutral terminology. Mayor Randels pointed out that the City
Attorney also added Paragraph C referring to the word “contractors.” Mr. Boucher concluded that the change would
affect all related sections.
There
was no public comment.
A motion was made by Mr. Nicholas and
seconded by Ms. Roberts to Adopt Ordinance No. 02-2007 at Second Reading. 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.
ORDINANCE: First Public Hearing:
9. Motion to Approve: Ordinance No. 03-2007; Amending Chapter 102,
Providing for a Definition of “Diseased Tree,” at First Reading.
Mayor[ccc1]
Randels read Ordinance No. 03-2007 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING
CHAPTER 102, VEGETATION, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO
LAND CLEARING; PROVIDING FOR A DEFINITION OF “DISEASED TREE”; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels explained that the City did
not have definitive language for a diseased tree.
Mr. Nicholas pointed
out that the Ordinance did not provide language to specify diseases and perhaps
there were too many to enumerate. Mayor
Randels related that classifying a tree as diseased would become a subjective
judgment of an arborist. Mr. Petsos
requested to leave the burden on the property owner to prove that the tree was
diseased and subject to expiration within a certain time.
Mr. Nicholas asked if
the language only applied to a specimen tree.
Attorney Garganese responded
that the Ordinance applied to all trees whether 6-inches diameter or a specimen
tree. He clarified that this Section was
in the Land Clearing ordinance. He
explained that the applicant must demonstrate a legitimate reason for taking a
tree and one of the reasons was a tree that is diseased. At times the Building Official could make an
administrative decision; however, in the case of a specimen tree, only the
Council would make the final determination.
Ms. Roberts pointed out the language relating to structures or persons
that reads, “for a period of more than three years that the tree causes other
eminent peril to viable tree structures for persons in the vicinity of the
diseased tree. She questioned if this
pertained to existing and/or proposed structures. Attorney Garganese stated that the word
“existing” could be added before the word “structures.”
Mr. Petsos asked for the Building Official’s input. Todd Morley, Building Official, stated his
favor in not specifying the diseases and the owner bearing the burden of proof;
however, he asked how the City Attorney arrived at the three-year
criteria. Attorney Garganese replied
that three years became the standard based on other ordinances. Mr. Morley suggested hearing from an
Arborist. Ms. Roberts agreed. Ms. Roberts stated that the three year
criteria might have come up during the Land Clearing ordinance discussion. Discussion brought out that the years prior to
expiration depended on the types of tree and ailment. Mayor Randels concluded that the Council
should hear from the City’s Arborist prior to the Ordinance’s adoption.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve
Ordinance No. 03-2007 at First Reading. 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.
DISCUSSION:
10. Purchase of the Fire Department Property
Located at 190 Jackson Avenue.
Fire Chief Company Department sought its
legal counsel to reach a reasonable decision.
He stated that the Volunteer Fire Company Department owned
the land however, the City owned the building entire complex,
land and building. He stated that In order to avoid the City owning
the newly constructed Fire Station and the Volunteer Fire Department owning the
new building’s land, the Volunteer Fire Company’s Departments
attorney recommended selling the existing land and building to the City.
offering the City first right of refusal to purchase the land from the Fire
Department if the land was offered for sale in the future. Chief Sargeant informed that a property
appraisal on the land was the first step.
The Appraisal was to consist of two separate appraisals – one for the
entire complex with land and the other of land value only. Attorney Garganese stated that Florida
Statutes required two or more appraisals for any property over $500,000. Mayor Randels clarified that the voters gave
the City the right to build or purchase.
Chief Sargeant concluded that an appraisal would precede any design
build projects.
Council discussed if the lots to the west of the
Fire Station near State Road A1A were available. Mr. Boucher stated that he
would inquire with the property owner of their willingness to sell the property
prior to obtaining an appraisal. He
replied that the total number of lots might not provide optimal viability for
the Fire Station. Chief Sargeant
explained that his construction design accommodated the 10 paid personnel in
order to allow the City to maintain its level of service. He stated that the prominent problem was bay
space. Chief Sargeant explained that any
available land was either too expensive or too small. Ms. Roberts questioned if the Council should
be looking at other sites in parallel with looking at this site. Chief Sargeant stated the Volunteer Fire
Department’s intention to make the transaction as reasonable as possible and
restated that the appraisal was still the first step. Discussion pointed out that moving closer to
State Road A1A would require an interactive traffic light.
Ms. Roberts raised the question if the tax payers
expected the City to own the land. Mayor
Randels affirmed that the land ownership was the most viable option. Chief Sargeant related that if the Volunteer
Fire Department moved, it did not desire to move near a residential area. Ms. Roberts referred to the land north of AJT
and Associates for the City facilities and asked if that included the Volunteer
Fire Department. Chief Sargeant replied
that moving north of Central Blvd. was too close to the other Fire Station and
affirmed for her that reason for two stations was coverage. Chief Sargeant restated that the Fire
Department design would come after resolution to this issue. Mr. Petsos requested that the City Attorney
seek another reasonable alternative.
Attorney Garganese replied that he would discuss possible bond financing
with the City Manager.
REPORTS:
1.
City Manager
·
Mr.
Boucher announced a Joint Workshop
Meeting with the Planning and Zoning Board on the Short Term Rentals at 5:00
P.M. on Thursday, February 22nd.
·
Mr.
Boucher reported on his discussion with
the State Licensing inspector. She
replied that she had one pending application for a short term rental at 619
Monroe Avenue. She also indicated that
that there were no areas within the unincorporated County or any other cities
that allow single-family resort dwellings in residential districts. She said that they were predominately
confined to commercial and tourist type district. As for enforcement, if the City did not allow
them, they would be subject to a $1,000 fine and the owner could be subject to
criminal prosecution if they continued to operate an unlicensed activity;
therefore, enforcement was not an issue.
Amortization would be a main point during Thursday’s discussion.
·
Mr.
Boucher announced a Joint Workshop
Meeting with the Planning and Zoning Board on Amendments to the Sign Code on
Monday, February 26th at 5:30 P.M. Mr. Petsos informed that he had a previous
commitment at that time.
·
Mr.
Boucher requested another Workshop
Meeting with the Council on the Sewer rates.
He suggested either Tuesday, February 27th or Thursday,
March 1st. Council decided on Tuesday, February 27th at 5:30
P.M. Ms. Roberts informed that she
had discussion with the condominium communities who had expressed concern.
·
Mr.
Boucher informed that the Stottler,
Stagg property was counter-offered at $1.65 million. Mr. Boucher also informed that the
appraisal that he previously received was lower. Council members expressed concern with the
price in light of the building’s age and the cost to retrofit. Mr. Boucher replied that the office area was
6,400 square feet on approximately .75 acres.
He informed that the needs assessment was between 13,000 and 15,000
square feet. Ms. Roberts questioned if
this were a reasonable use for the Fire Department. Mr. Boucher replied that it was not large
enough for the Volunteer Fire Department due to the lack of a turning radius;
however, the building was considered for Law Enforcement. Council directed the City Manager reply to
Stottler, Stagg that the counter-offer was not acceptable.
·
Mr.
Boucher thanked
2. Staff
Building Official
·
No report.
Recreation Director
·
Ms.
Hanson informed that she anticipated delivery of the playground equipment for
Cape View.
City Treasurer
·
Ms.
Bowers reminded the Council to prepare
for the Sewer Rate Study Workshop with all possible questions in order to
take action. Ms. Bowers informed that
the five percent would not be feasible if the Council waited to take action in
January. Ms. Roberts questioned if the
public were duly noticed prior to the meeting expressing that the condominium
community groups would not be aware. Mr. Boucher reminded that a Workshop
meeting primarily included the Council, the consultant and staff before
presenting concepts to the public and affirmed to Mr. Nicholas that all
meetings were open to the public. Ms.
Bowers reminded that the public would be noticed through their utility billing
and prior to the adopting an Ordinance, public notice is required before the
second public hearing. Ms. Roberts
suggested inviting the condominium association managers. Mr. Boucher explained that Council needed to
first understand the rate methodology process prior to presenting the
information to the public. Ms. Roberts
expressed her concern over a blind spot by not notifying the condominium
community during the decision making process.
Ms. Bowers replied to Mayor Randels that the
5 percent that was initially presented would not have the same end result if
implemented at a later time. Ms. Roberts
related that in speaking with some of the condominium association property
managers there were concerns with the potential impact of the rate structure
and concern over what might occur on February 27th. She recommended inviting a representative
group of property owners, for example, B.P. Davis Inc., that own several
properties. Mr. Boucher informed that after Council decides on the rate
structure, then the public would be informed and able to provide input on the
rate structure as it affects all the categories. Mayor Randels concluded that the structure
chosen would need to be fair to all involved.
Ms. Roberts expressed that there may be more of an impact than realized
on a segment of the community; however, the Workshop would identify any
concerns. Mr. Petsos asked if the
Consultant could use his analysis program during the Workshop in order to find
out how different rates affect each category.
City Clerk
·
No
report.
City Attorney
·
No
report.
AUDIENCE TO BE HEARD:
Mr. Ray Osborne reported on the Alliance Monument Ceremony at Port
Canaveral at 10:00 A.M. near the new Administration Building. He questioned if the Patriot’s Day parade
would occur ever again. Nancy Hanson,
Recreation Director, stated that the Recreation Department had no plans to
reinstitute the Patriot’s Day parade.
She agreed with Mayor Randels that the date conflicted with a City of
Melbourne parade as well as practice for State competitions for the school
marching bands. Mr. Nicholas informed
that the Patriot’s Day parade was spearheaded by former Mayor Joy Salamone. He added that the Alliance Monument event was
sponsored by the Sons and Daughters of the American Revolution.
3. City Council
Council
Member Roberts
·
Ms.
Roberts inquired about the activities agenda during Community Day event on March 17th. Ms. Hanson replied that the Canaveral Antique
Automobile Club would be on hand, the Kiwanis Club would cook hot dogs as a
fundraiser, there would be a live band, face painters, magicians and the City
Planner would be available to gain input from the community on the
Comprehensive Plan. The Fire Department
aerial truck and the Police Department would also be on hand.
·
Ms.
Roberts mentioned that the Council might need to identify the parcels of land available for purchase and to
proceed with an acquisition strategy. Mayor Randels replied that the City did
not have a General Purpose Ad Valorem Tax and therefore no designated funding
source to purchase land. She expressed concern with other municipalities
strategically acquiring land but not Cape Canaveral. Mayor Randels explained that purchasing land
could be placed as a referendum on an upcoming election. Ms. Roberts informed that the need was
expressed on the community survey.
·
Ms.
Roberts asked about the date for the Visioning
Session. Mr. Boucher replied end of
March, early April. Ms. Roberts asked
that a Master Calendar be developed to plan for the year.
·
Ms.
Roberts referred to the Arborist’s
report of 39 specimen trees. She
suggested a bronze marker to identify those trees labeled specimen trees. Mayor Randels noted that the City might need
home owner approval as some exist on private property.
Council
Member Nicholas
·
No
report
Council Member Petsos
·
Mr.
Petsos reported on the success of the
Sea Oats Planting with 50 volunteers.
He related the good comment that there was less room for planting new
sea oats. He thanked Mayor Pro Tem Hoog for cooking hot dogs.
·
Mr.
Petsos announced a mangrove planting
around the Manatee Sanctuary Park, the Public Works Department and the Banana
River Park on March 24th. He
asked if
·
Mr.
Petsos inquired about the soccer field. Mr. Boucher reported that Nick’s mowed the
lawn and there was noticeable water; he would have someone inspect for an
irrigation system leak. Ms. Hanson would
gain feedback from some of the leagues regarding use.
·
Mr.
Petsos inquired about the new Ron Jon’s
resort. Mr. Boucher responded that
he forwarded the E-mail from the Florida Department of Community Affairs.
·
Mr.
Petsos asked about repaving of the
Presidential streets. Mr. Boucher
related that the Public Works Director would place something on the March 6th
Council agenda.
Mayor
Pro Tem Hoog
·
Mayor
Pro Tem Hoog asked if residents acquired the 64-gallon carts. Mr. Boucher
replied that anyone seeking a cart should call his assistant Kim McIntire.
Mayor
Randels
·
Mayor
Randels reported that Space Coast Area
Transit riders increased by 8.6 percent as a result the County funded
$984,000 and also received a grant.
Mayor Randels reported on 13 new bus routes that would operate up to
11:00 P.M.
·
Mayor
Randels reported that the Brevard
Cultural Alliance received a grant as one of 72 recipients throughout the
United States called the Big Read project and he recognized the book of choice,
“To Kill a Mockingbird.”
·
Mayor
Randels announced that the City received
an E-mail from a journalist in the City Sister of Kloten questioning why
the Sister City project had plateaued and he asked if there were an interest to
revive the Sister City relationship. Mr.
Petsos recommended involvement with the Elementary School.
·
Mayor
Randels announced that Cokely-Williams a
hotel management company purchased Royal Mansions who planned significant
changes to include Marketing and Sale Directors.
·
Mayor
Randels reported that the Nemours
Hospital was getting closer to its site location. He noted 5,082 projected jobs planned during
the construction phase and 2,000 jobs during the first 5 years of the
hospital’s operation and regional wages would increase by $50 million.
·
Mayor
Randels reported that he serves as Chairman of the Fair Housing Association which received a grant for $275,000 from
Federal Housing and Urban Development.
The group performs testing for housing discrimination.
·
Mayor
Randels reported that the 920th
Reserve at Patrick Air Force Base was voted as the outstanding unit in the
Air Force for 2006.
·
Mayor
Randels reported that the Council discussed the International Property Maintenance Code in July. He asked the Council if there were any interest in further
discussion.
·
Mayor
Randels reported on the Affordable
Housing Workshop that he and the City Manager attended and related how the
City of Cocoa has re-urbanized some condominiums and the City assumed
possession and gave them to the Habitat for the Humanity; then this private
group builds affordable homes. Mayor
Randels stated that Cape Canaveral’s land prices were cost prohibitive;
however, some developers and builders asked if the City would consider reducing
or eliminating their impact fees in exchange for building a certain number of
affordable houses along with their development.
Mayor Randels cautioned that when the person sells the affordable house;
however, they would profit greatly from the home value.
ADJOURNMENT:
There
being no further business, the meeting adjourned at 9:14 P.M.
__________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK