Loading...
HomeMy WebLinkAboutMinutes 01-15-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 15, 2008 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tern 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 Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff City Planner Todd Peetz PRESENTATIONS: Holiday Beautification Awards Mayor Randels called on Elizabeth Mars, Beautification Board Member, to recognize the winners of the Holiday Awards. Ms. Mars acknowledged Dr. Christine Storts, of Coastal Animal Hospital in the Commercial category; Mr. Steve Testa accepted on behalf of Ocean Oaks in the Multi - Family category; Mrs. Tracey Guidi accepted for the Guidi Family of Harbor Drive in the Single - Family category. Mayor Randels congratulated the winners and thanked the Beautification Board for their work. 2007 Reindeer Run Proceeds Check to United Way of Brevard County and Sponsorship Recognition Mayor Randels acknowledged that the Recreation Department assumed race directorship for the City s 12 Annual Reindeer Run. Robert Lefever, Recreation City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 2 of 12 Director, expressed thanks to the City's volunteers, City Staff and Ms. Bethanne Hull from Brevard County United Way for her assistance. Mr. Lefever recognized the following sponsors: Three-Star Community Event Partners Canaveral Industries, Inc. Protective Coatings — Jim Moms ITT Engineered for Life — Steve Wojcicki Major Sponsors Greene International Real Estate, Inc. — Susan Key and Ashley Taylor Blue Note Publications — Paul Maluccio Clear Channel Outdoor — Loma Dubin Brown, Garganese, Weiss & D'Agresta — Anthony Garganese Ron Jon Cape Caribe Resort — Eileen Stafford Waste Management Inc. — George Geletko Bright House Networks — Jim Platman Lite Rock 99.3 FM — Mike Lowe & Mindy Levy Mr. Lefever stated that the 2007 Reindeer Run set a new record with 488 runners. The Recreation Department has made a goal to set a new record of 550 runners and $20,000 in proceeds for the 2008 race. Mr. Lefever presented a check for $17,231.71 toward the 2008 campaign to Ms. Alicia McCoy representing United Way of Brevard. The City presented Mr. Lefever and Ms. Bethanne Hull with gift baskets for their work as race directors. City Council Council Member Roberts • Ms. Roberts questioned the status of the beach rake project. Mr. Boucher replied that he would meet with the Cocoa Beach City Manager on Friday, January 18�" to develop an Equipment Use Agreement. He stated that he could return with a draft Agreement; however, the Agreement would also need review by the Cocoa Beach Commission. Ms. Roberts reminded of the concerns related to seashells, the natural dunes and the sea turtle nesting grounds. • Ms. Roberts suggested a State of the City Report to enable the City to celebrate what was accomplished in the previous year. This would provide feedback to the residents on the City's accomplishments. Mr. Boucher responded that staff could compile their quarterly reports for a comprehensive annual status report. • Ms. Roberts questioned the status of the mast arm left lane signal on North Atlantic Avenue. Mr. Bandish replied that construction would begin some time in February. • Ms. Roberts brought up the Master Status of Projects list. Mr_ Boucher replied that he would schedule a workshop meeting for this subject. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 3 of 12 • Ms. Roberts related the concems of the red tide, soot and fuel emissions, especially red tide in light of its impact to coastal communities. Ms. Roberts proposed a more expansive environmental ordinance that would be inclusive of air and water quality. • Ms. Roberts mentioned action tracking as a method to review the areas in which Council needed to take action. Ms. Roberts brought out residents' concems for a disaster preparedness plan related to incidents other than hurricanes, for example, incidents related to Homeland Security. She also mentioned a cell phone call back capability as well as posting this information on the web site. • Ms. Roberts brought out the need for a City Master Plan to include: a Lighting Plan, a Sidewalk Plan, a Bikeway Plan, a Streets Improvement Plan, a Crosswalks Plan, a Stormwater Plan, and a Bus Shelter Plan as speck plans within a Master Plan. Ms. Roberts stated that this would serve as a template for future Councils. • Ms. Roberts questioned the "Green Cities" Resolution. Mr. Boucher informed of the $1,500 application fee as well as the substantial amount of staff time involved in the process. Mr. Bandish stated that the program would require a full -time staff person, similar to the Stormwater program Ms. Roberts requested a Resort Dwellings status report. The City Manager's office would provide that information. Council Member Nicholas Mr. Nicholas spoke on red tide and noted an article he read that addressed red tide due to pollution in the Gulf of Mexico. He stated that the issue appeared to be of a wide -range concern and said that there should be an abatement method. Mr. Nicholas questioned if there were some federal agency that could address the issue. Mr. Petsos suggested contacting our U.S. Senator and Congress representative. • Mr. Nicholas stated that he previously brought up transferring the existing City Hall sign to the new building and purchasing an electronic sign for City Hall in the future under the new Sign Code. • Mr. Nicholas questioned if the City had intersection surveillance cameras installed. Discussion disclosed that a motion - sensor was installed while the Florida Department of Transportation was performing work. Mr. Nicholas stated that the Council should be informed if this had become a permanent fixture. Mr. Boucher replied that he would have them removed. Mr. Nicholas asked how many political signs were allowed on a residential lot. Attorney Garganese stated that Council has not adopted a Sign code that would limit the number of temporary signs on a residential lot. • Mr. Nicholas requested the portion of the Waste Management contract that referred to deodorizing the roll -off dumpsters. • Mr. Nicholas questioned if the funds set aside for a traffic light in the Seaport area were transferred to the intersection refurbishment. Mr. Boucher stated that the funds were available. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 4 of 12 Council Member Petsos • Mr. Petsos referred to a letter from Mr. Ray Osborne to the Council related to a Heritage Day event on February 16th. Mr. Petsos suggested that the City help the advertising with flyers, posting on the City Hall marquee and on the City web site. Mr. Osborne explained that the function will be co- sponsored by the Brevard Library and would be held at the Cape Canaveral Library. He asked if the City would allow him to use Manatee Sanctuary Park and waive any fees. He also asked if the City would provide financial support. Mr. Nicholas responded that waiving fees was a time sensitive process that required Council's approval and the event was to occur soon. Council members declined to provide financial support. • Mr. Petsos announced a Sea Oat Planting project on February 16" at 8 A.M. in Cherie Down Park. • Mr. Petsos brought out how City tax funds have been going to the County without retribution. He reminded that Commissioner Nelson promised to return with information during his previous Council address; however, he had not done so to date. • Mr. Petsos inquired about the turn signal in the Puerto Del Rio area. He asked the City Manager to look into this issue. • Mr. Petsos wished the audience a Happy New Year. Mayor Pro Tom Hoog • Mayor Pro Tom Hoog addressed the Washington Avenue sand transfer project He requested replacing the fence since the work was completed. Mayor Pro Tom Hoog reported from the Space Coast League of Cities meeting that the Resolution requiring the State to inform cities prior to issuing permits to utilities was second on the League's priority list. Mayor Randels • Mayor Randels reported that the Friends of the Library raised $3,773.40 from their most recent book sale. • Mayor Randels announced that Cape Canaveral was recognized as a Tree City for the 19 year. • Mayor Randels asked if the City returned the grant from the St Johns River Water Management District Central Bbd. stormwater project. Mr. Ratliff informed that he had to decline the grant since the Florida Department of Environmental Protection changed the scope of the project for a smaller more economical project. However, he could not reapply for the grant. • Mayor Randels inquired if Cape Canaveral would like to assume the Farmer's Market previously hosted in Cocoa Beach. There was no expressed interest. • Mayor Randels informed that the Indian River Lagoon Blueway Project was named one of the top 15 projects of its type in the nation by the Acquisition and Restoration Council. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 5 of 12 • Mayor Randels reported on the Rail- Trails Project. The State took ownership of the longest Rail -Trail in Florida and its acquisition preserves 51 miles of trail corridor in Brevard and Volusia Counties. • Mayor Randels informed of how the St. Johns River Water Management District planned to regulate the use of reclaimed water. Mr. Petsos asked Mr. Boucher and Mr. Ratliff to provide research on their intention. City Manager • Mr. Boucher thanked Robert Lefever and the Recreation Department staff for their work on the Nancy Hanson dedication ceremony. • Mr. Boucher informed that he was working on an updated version of the Business Survey from the University of Central Florida. • Mr. Boucher informed that he held the kick -off meeting with Communication Concepts Inc. related to an updated City video with a live, work and play theme. • Mr. Boucher reported that the Florida Department of Community Affairs received the Evaluation and Appraisal Report. It was under their review. Mr. Boucher reported that he heard from the Florida Department of Environmental Protection and the City's National Pollution Discharge Elimination System Permit Stortmwater Permit renewal was accepted and under review. • Mr. Boucher reported that Mr. Ratliff met with 20120 media on the bus shelters. He received a package of potential sites and they would evaluate the data and return with a proposal. • Mr. Boucher stated that a Reserve Fund Policy Ordinance would be on the next City Council Agenda. • Mr. Boucher reported that quarterly reports were attached to the Agenda Packets. He encouraged Council to contact him if there were any questions. • Mr. Boucher stated that Council needed to clarify the theme of the Oral History Project. Discussion followed on how far back in time to seek for individuals who could contribute to the project. Richard Thurm and Roger Dobson were some individuals named to include in the history. Mr. Boucher informed that the National Public Radio [NPR] was in the Orlando area conducting a similar project. He requested to contact them for their assistance with the interviews. Mr. Nicholas concluded that NPR would be helpful in fact gathering. • Mr. Boucher announced the upcoming scheduled Workshop meetings: a joint Code Review meeting with the Planning and Zoning Board on Tuesday, January 22 at 5:30 P.M.; a joint Chronic Nuisance meeting with the Planning and Zoning Board on Thursday, January 24 at 5:30 P.M.; and a meeting on January 31 at 5:30 PM regarding the new sign ordinance. Mr. Petsos stated he could not attend the meeting on January 24"' and Ms. Roberts stated she could not attend the meeting on January 31 8t . • Mr. Boucher reported on the double taxation issue as addressed by Mr. Petsos. He stated that by law counties could not assess more than half the millage assessed on the unincorporated areas. Mr. Boucher informed that Representative Stan Mayfield of Vero Beach got a Bill passed that would place a tax cap on the County that could apply to cities as well. He explained that this would have an City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 6 of 12 impact on Charter counties. Mr. Boucher encouraged the audience to seek further information. Mr. Boucher read the proposed ballot language that did not state the tax cap percentage. AUDIENCE TO BE HEARD: • Mr. Ray Osborne asked if the City would be an official co- sponsor of Heritage Day. Mayor Randels clarified that the City would assist with advertising only. Mr. Boucher encouraged Mr. Osborne to review the City public calendar and utilize one of the established events for his venue. • Mr. Osborne offered to assist with the City's Oral History Project. CONSENT AGENDA City Council Regular Meeting Minutes of December 18, 2007. 2. Cooperative Purchase of Stormwater Baffle Box Cleaning Services. Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item No. 2 for discussion. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tom Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 2. Cooperative Purchase of Stormwater Baffle Box Cleaning Services. Mayor Randels reviewed the costs for this Baffle Box Cleaning Service at $8,200, at $1,366 per box plus travel expenses, for a total of $9,130. Mr. Ratliff stated the intent of keeping the baffle boxes clean on an annual basis. Mayor Randels stated that this was a budgeted item. Ms. Roberts asked if the City had received any performance references for Shenandoah Construction Company from the Broward County School Board. Mr. Ratliff stated that he had not; however he contacted Miller Pipeline that gave them a high recommendation. Ms. Roberts asked if all of the City's baffle boxes were first generation. Mr. Ratliff affirmed. Ms. Roberts recommended planning forward to establish a baffle box replacement schedule. Ms. Roberts asked if the City had an adequate number of baffle boxes. Mr. Ratliff stated baffle boxes existed for the major lines; however, there were none on the smaller lines but they could be installed as needed. Ms. Roberts referred back to the Master Plan and the need to identify where future boxes would be needed. Mr. Ratliff informed that the remaining boxes, which were on Florida Department of Transportation City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 7 of 12 lines [FDOT], were an anticipated discussion for funding with FDOT. Mr. Ratliff concluded the discussion saying that the project would begin immediately. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 2 in the amount of $9,130. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 3. Motion to Approve: Interlocal Agreement for Public School Facility Planning. Todd Peetz, City Planner, stated that Mr. Dane Theodore, School Board's Facility Planning Director, was available to answer questions. Mr. Peetz summarized that when Growth Management was introduced in 1985 and adopted in 1990, School Concurrency was not one of the Concurrency requirements. Concurrency means services that are in place at the time of development. Mr. Peetz stated that disconnect was noted in the quality of schools between 1990 and 2000. In 2004, the State legislature mandated that all local governments have a School Concurrency element in their Comprehensive Plan by December 1, 2008. The School Board assumed the lead in taking action on this mandate. Mr. Peetz outlined the commitments that were not presently in the Agreement which were: 1) a School Facilities Element as a Comprehensive Plan Amendment, 2) recognition of a School Facilities Element in the City's Land Development Regulations, 3) notifying the School Board for review of residential construction which impacts that School District, 4) sharing information with the School Board related to population projection and development trends, and 5) maintaining a data base that the City would submit annually in October. Mr. Peetz outlined the three working groups as: a staff working group, an annual meeting with elected officials with a representative from the City in attendance, and a Capital Outlay Committee. The primary impact would be an additional step in the approval process resulting in a letter from the School Board stating that there is capacity and if not, the School Board would work with the application to ascertain when capacity would become available. Finally, the current school population status would need to fall within the 100 percent range, whereas Cocoa Beach now stands at 133 percent. Mr. Peetz concluded that the cities have limited control on how the schools allocate facilities. Mayor Randels questioned if "soft districting" would occur. Mr. Dane Theodore, Director of Planning and Project Management for the School District, addressed the Council and explained one of his roles of working with consultants and City staff on the growth management, school concurrency issue. Mr. Theodore stated that the level of service goal was 100 percent of capacity. He explained that elementary, middle, and high schools were the three school types called a tiered level of service. If a concurrency service area were reached, then they would look to every adjacent concurrency service area. Mr. Theodore explained how a developer would pay for the impact caused by the additional City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 8 of 12 number of seats needed. The proportionate share mitigation fee is the difference between the impact fee and the actual cost of construction. Mr. Theodore referred to the Mayor's question on soft re- districting. He explained that the School Board and the local municipality cane to an agreement on potential growth. Mr. Theodore stated that agreement was needed to accommodate existing over capacity situations or move student to where capacity exists and this was done through re- zoning. Mr. Theodore stated that even after meeting existing capacity, population growth required new schools to meet additional capacity. Data analysis was included in the Agreement to show that the School Board was financially capable. Mr. Nicholas expressed his concern that the methodology was based on hypothetical data since the number of students was established prior to construction. Mr. Theodore explained that the student generation rate was used in the school impact fee study. The rate was a countywide average and Cape Canaveral did not have the same rate as a larger city; however, when a developer entered a proportionate share mitigation situation, he would take a credit based on the countywide student generation rate. He concluded however that larger municipalities over the countywide average might not view this as a fair multiplier. Ms. Roberts inquired about the term "houses" and asked if that included every unit of living. Mr. Theodore referred to Page 46 of the data analysis which showed a student generation multiplier with Single Family at .38, Condominiums at .06, Mobile Homes at .02 and Mutti-Family at .36. He explained that it would take16 condominiums to generate one student whereas three single - family homes would generate one student. Ms. Roberts questioned the philosophy and asked if best practice guidelines were employed. Mr. Theodore replied that the State used six lead Counties to form a template and conferred with the Central Florida School Boards Coalition in order to remain consistent. He stated that the legislation was a State statute, inclusive of 67 counties, and using the State as a model for best practices was thought best. Ms. Roberts expressed her concern and that of others in the State of not referring to other States for best practices. Ms. Roberts noted that a timeline exists for both the City and the developer, and both would be subject to outside agencies before making their decisions. Mr. Theodore replied that a 10- business day timeframe was established for decision- making purposes. Ms. Roberts stated that the policy would leave the City vulnerable to the discretion of outside agencies. She also asked if the student transfer was a voluntary action. Mr. Theodore replied that soft re- districting would impact new students only. Ms. Roberts stated that the County would benefit from a more customer - focused approach with the Agreement stating that a generalized approach was indicative of a prevailing donor status from the municipalities to the County. Mr. Petsos stated that he had no problem with the Agreement for the community or the developers. Cocoa Beach would City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 9 of 12 not reach the 100 percent cap due to proposed soft re- districting and an anticipated IB program. Mr. Theodore stated that the Florida Department of Community Affairs [DCA] has a March 1s deadline for municipalities to adopt the element. He stated that if it were not signed by March 1 st then DCA would not approve any Comprehensive Plans that have increased residential density. Mr. Theodore replied to Ms. Roberts that he had no idea if time - shares were included in the demographics. He stated that if the Council planned to take action, he encouraged staff to confer on any exemptions to the Agreement such as time - shares. Attorney Garganese asked if Mr. Theodore was attempting to adopt one Agreement. Mr. Theodore affirmed that he was. He stated that any changes would need approval from the other cities as well. Attorney Garganese inquired about the draft element and said if the Council adopted the Agreement, when would the Land Planning Agency have the draft elements for review? Mr. Peetz replied by the second meeting in March with a 60-day review by DCA would allow for review in May and adoption prior to December 1 deadline. Attorney Garganese also inquired about the Land Development Regulations. Mr. Peetz replied that the Land Development Code would require an amended provision in Chapter 86. Discussion followed on the allowable change- of-use status for a resort dwelling and the subsequent concurrency evaluation requirement. Mr. Theodore concluded that he would be glad to clarify that resort dwellings are commercial and not subject to the concurrency review in a clean -up amendment. Ms. Roberts stated that she was not in support of the Agreement as presented. Mr. Theodore stated that if there were an issue over resort dwellings; then he encouraged the Council to approve the Agreement with a condition. He stated that he could return and confer with staff and come to an agreement after which the other cities would also need to approve it. Mr. Theodore said that the City of Rockledge desired an amendment to change the notification requirements from 904080-days. Mr. Theodore replied to the City Attorney that the School Board had already approved the Agreement. Mr. Theodore stated that an aggregate clean -up amendment would incorporate every city's amendments and lead to a consistent Agreement. Attorney Garganese replied to Mr. Nicholas that opting -out was not a provision. Mr. Peetz reminded that the City would need to adopt a school concurrency element as a DCA requirement prior to December t at . Ms. Roberts stated that she thought school concurrency would be approached in a customized manner as part of the Comprehensive Plan review. Mr. Peetz stated that there was much coordination among the cities during the development Agreement process. He stated that Cape Canaveral's main concern was the generation rate. Mr. Petsos asked to know the concerns of other Council members. Ms. Roberts stated that it was more appropriate for each municipality to adopt a customized plan. Discussion followed on the possibility of a resort dwelling changing its use. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 10 of 12 Mr. Nicholas asked if the Council could provisionally accept the Agreement with the stipulation. Attorney Garganese advised the Council to accept the Agreement. Attorney Garganese reminded that one of the DCA sanctions was if the City failed to meet the adoption deadline, then the City could not adopt any future Comprehensive Plan Amendments without a School Concurrency element. An amendment to main motion was made by Ms. Roberts and seconded by Mr. Nicholas to Recommend that the Agreement be Clarified to Specifically Address Resort Dwellings and Resort Condominiums. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve the Interiocal Agreement for Public School Facility Planning. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Extend the Meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For, Mr. Nicholas, For; Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. 4. Motion to Approve: FPL Engineering Deposit for Ridgewood Avenue to Bury Utility Lines. Mr. Tom Kunz, Customer Manager with Florida Power and Light [FPL], covering the governmental customers, addressed the Council and stated that interest in burying power lines was initiated due to hurricanes. Mayor Pro Tern Hoog expressed the desire to move proceed with the Ridgewood Avenue project and he asked if there were a means of finance through FPL under the 25 percent Governmental Adjustment Factor [GAF]. Mr. Kunz addressed the possible GAF which was based on three miles, or 15,840 -feet and the Ridgewood Avenue project was approximately 7,000 feet and therefore illegible for the GAF. Mr. Kunz replied to Mayor Pro Tem Hoog that the City would be required to pay for the conversion; however, a taxing district could be established. Mr. Kunz explained that obtaining easements, the most time - consuming part of a conversion, would take more than 180 days. The upfront engineering fee would be applied to any costs. The project would need to start within the 180 days. Discussion followed over financing. Mr. Kunz replied to Mayor Randels that directional booring would not disrupt the storm drains. Mr. Boucher asked if the Ridgewood Avenue project was in FPL's Capital Improvement budget. Mr. Kunz replied that retrofitting was not forthcoming. Some discussion of project time, easement requirement, and possible funding followed. Ms. Roberts stated that the North Atlantic residents anticipated improvements in that area and the City should be dear about its Master Lighting Plan, identify which streets would be addressed, and proceed in a phased -in approach. Discussion concluded to schedule a City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 11 of 12 Workshop in February to address planned improvements for the City s three major road arteries: Ridgewood Avenue, North Atlantic Avenue and Central Blvd. Mayor Randels concluded that more information was needed prior to any decision. No Action was taken on the Item. RESOLUTIONS 5. Motion to Adopt: Resolution No. 2008 -01; Urging the Members of the Florida Legislature to Support Municipal Issues During the 2008 Legislative Session. Mayor Randels read Resolution No. 2008-01 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. There was no further discussion on this item. A motion was made by Mayor Pro Tom Hoog and seconded by Ms. Roberts to Adopt Resolution No. 2008 -01. 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. REPORTS: Staff Public Works Director • No report. Assistant Public Works Director No report. Building Official • No report. Recreation Director • No report. City Clerk • No report. City Attorney • Attorney Garganese stated that Mr. Hans Saurenmann initiated legal proceeding in the Circuit Court. The City applied for a temporary injunction in Circuit Court in order to gain compliance from Mr. Saurenmann related to him building an City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 12 of 12 accessory structure without a permit. Mr. Saurenmann subsequently submitted a three - count, counter -claim seeking declaratory relief regarding the City's rights to easements that go across his property, that the City is trespassing on his land with regard to a stormwater facility which is located on his recently acquired property, and for damages. The City's insurance carrier would subrogate the defense of the counter -claim and any inter - related action that the City originally filed. Attorney Garganese explained that he spoke with the Attorney with Compass Bank who gave verbal assurances to sign a Joinder agreeing to the new Sewer Utility Easement with a few minor changes to the document. The City needs a fully executed easement from Mr. Greene and the Bank for recording, after which the City would proceed with the work. Attorney Garganese affirmed that the City did receive the Letter of Credit related to the funds for relocating the sewer line. Ms. Roberts stated this was a Breach of Faith on Mr. Greene's part with the City due to lack of full disclosure of the Foreclosure action and she requested to place this on the upcoming Agenda. There being no further business, the meeting adjourned at 10:45 P.M. �- Susan Stills, CIVIC, CITY CLERK a C, <Z M so" Rocky Randels, MAYOR