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HomeMy WebLinkAboutMinutes 08-07-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY August 7, 2008 7:00 PM CALL TO ORDER ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present City Manager City Attorney Building Official Public Works Director Planning and Dev. Director REPORTS: MINUTES Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Todd Morley Walter Bandish David Barry Brown City Manaus • Mr. Boucher distributed a proposed add on item for the Temporary Sign Code Enforcement Resolution. He asked if there were any interest in extending this another six months or whatever term to be deemed appropriate. Mayor Randels asked if this could be moved to the last item. • Mr. Boucher reminded Council that they were sent a draft copy of the unfunded mandate letter to Senator Haridopolos. He explained that one of the items in the letter is the unfunded mandate Administrative Order on the Wastewater Treatment Plant and the other was an unfunded mandate of Comprehensive Planning. Mr. Boucher asked Council to review the letter over the weekend. • Mr. Boucher referenced the A1A left turn arrow issue. Mr. Petsos said he believed the City does have the District Secretary's (of the Department of Transportation) support. Mr. Petsos stated he had a good discussion with her at the EDC (Economic Development Commission) meeting and she is City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 2 of 13 well aware of the problem. Ms. Roberts added that she talked to the Florida Secretary of Transportation about the same issue as it related to customer service from her department. Mr. Boucher announced that Laura Canady, the Community Development Director of Satellite Beach, would present the Satellite Beach CRA (Community Redevelopment Agency) activities at the next City Council meeting on the 19 Council will get good insight on TIF (Tax Increment Financing) money and how Satellite Beach is utilizing it. Mr. Boucher announced that Mr. Ray Osborne is scheduled to talk about his history book on the 19 Staff Public Works Director • Mr. Bandish reported the project on N. Atlantic Avenue and Central Avenue was completed for the intersection. He responded to Mayor Randels they lowered the twelve (12) inch reuse line. Building Official • Todd Morley stated he was going to present his Resort Dwellings status update. (no date was given) City Clerk • Absent — no report. City Attorney • Attorney Garganese stated he would get the Sign Code Ordinance to Council within the next week to ten (10) days. • Attorney Garganese announced that City Attorney, Kate Latorre passed her Certification Exam and is now Board Certified as a Specialist in City/County Local Government Law effective August 20 th . • Mr. Petsos requested Mr. Boucher to please establish a date for a Council workshop on the (revised) Sign Code Ordinance. Planning and Development Director • No report. CITY COUNCIL Council Member Nicholas • No report. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 3 of 13 Council Member Petsos • Mr. Petsos inquired if anything was being done about parking on sidewalks and asked for the proposed plan. Mr. Petsos expressed the need to educate people with a warning. • Mr. Petsos inquired if Mr. Boucher had heard anything more about the school budget for the School Resource Officer. Mr. Boucher replied he had not, but would check on it. • Mr. Petsos asked about the stop sign at Shorewood Drive. Mr. Boucher explained that when the City takes over the road, the City can do whatever they want with it and that's how the County left it. Mr. Boucher brought out that the County has agreed to re-stripe North Atlantic Avenue entirely. Mr. Petsos stated he would like to revisit this issue and stressed the desire for a short term fix. • Mr. Petsos thanked the Sheriffs Department for National Night Out. Ms. Roberts asked for an estimate of how many people participated and suggested having the City featured in the paper next year. Mr. Petsos and Mayor Randels reported that next year the event will be held in September when school is back in session. Mayor Pro Tern Hoora • Mayor Pro Tern Hoog reported that Saturday, August 2 nd the Recreation Department sponsored Kids Community Awareness Day and stated there were backpacks and bike helmets given out. Mayor Pro Tern Hoog expressed there was a great turnout and informed that the Fishing and Diving Center donated 58 back packs and was one of many vendors that participated. • Mayor Randels thanked Joyce Hamilton, for her participation in the event. • Mayor Pro Tern inquired about the street lights on Thurm Boulevard. Mayor Randels • Mayor Randels reported he saw in the newspaper that, after a public hearing, the Brevard County School Board unanimously approved a new fee based transportation program for students living within two (2) miles of their assigned school. Mayor Randels explained that City Council specifically got permission to pick up all children West of Al so they didn't have to cross the road and it is within two (2) miles. Mayor Randels stated the cost will be $2 per school day. Mr. Petsos clarified that the new program is a courtesy pick up for students who live within two miles and elect to take the bus. Mayor Randels requested verification because that would be an extra $10 a day for some parents. • Mayor Randels thanked reporter Janet Krol from Hometown News for her recent articles about Manatee Park and the City Council setting the Tentative, Proposed Millage Rate. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 4 of 13 Mayor Randels reported on representing Council Member Petsos at the Beach Improvement Committee Meeting. Mayor Randels also noted that Mr. Petsos' report on the Sand Fence Program was presented as an example by Chairman O'Brian at the meeting. Mayor Randels voiced appreciation for all of the City Volunteers and recognized Mr. David Schirtzinger for his work on the sand fences. Mr. Petsos affirmed for Ms. Roberts that Council would receive a map from Jeff Ratliff, Assistant Public Works Director, of where the sand fences are going to be. Mayor Randels reported on attending the EDC (Economic Development Commission) and the EELP (Environmentally Endangered Lands Program) meetings. Council Member Roberts • Ms. Roberts questioned the status on bus shelters. Mr. Bandish responded there was nothing to report. • Ms. Roberts asked Mr. Boucher if he wanted to say anything about the City website. Mr. Boucher informed that staff training will start on Monday, August 11 for uploading and building the new website. • Ms. Roberts questioned the status of the Oral History Project. Mr. Boucher informed a press release was done. • Ms. Roberts suggested mentioning City improvements that are underway on the City website. Mr. Boucher informed that a daily picture can be taken and put on the website. • Ms. Roberts questioned the status of the use of the Library Community Room. Mr. Boucher responded there was nothing to report yet. • Ms. Roberts brought up the Curb /Gutter Project on A1A. She expressed her desire to try, if they can agree as Council, to get it on the MPO (Metropolitan Planning Organization) agenda. Ms. Roberts stressed this is a high priority project because it is safety related. Ms. Roberts also inquired about a Citizen Advocacy Group as part of the MPO process. Mr. Boucher stated he would check into it. • Ms. Roberts inquired about the status of the City flags. Mr. Bandish stated this is in the budget and Public Works will purchase them in October. • Ms. Roberts questioned the status of the contract with Mr. Phil Laurien, Executive Director, East Coast Regional Florida Planning Council. Mr. Boucher stated Mr. Laurien would put forth a scope of services in October when his new budget starts. • Ms. Roberts suggested the Mayor or City Manager present a State of the City address next year for the residents to have a clear perspective of major accomplishments and plans for the preceding and coming years. Ms. Roberts clarified this would be a special meeting, maybe of Council, City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 5 of 13 and it would actually be presented to the community in a formalized way; verbal as well as written. (City Manager took note.) Ms. Roberts reported some residents recommended planting more oak trees along the streets in the City. Mayor Pro Tem Hoog urged to consider the power lines. Ms. Roberts mentioned that Mayor Randels and Mayor Pro Tem Hoog were going to attend the Florida League of Cities meeting next week. AUDIENCE TO BE HEARD Ms. Rosanne Scirotto stated she was representing the Small Business Community of Cape Canaveral and inquired if the temporary extension for temporary, on- premise signs would be approved. Mayor Randels explained it would be discussed that evening. Mr. Donald Dunn reported that he noticed, in the early morning, Anchorage Way has a lot of cars parked on the sidewalk and the street. CONSIDERATION Motion to Approve: Emergency Sewer Line Replacement. Mr. Bandish affirmed for Mayor Randels that the job was completed A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Emergency Sewer Line Replacement. 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. 2. Motion to Approve: Emergency Purchase of a New Air Conditioning Unit for City Hall. Mr. Bandish stated, in the near future, another unit on the west side of the building will be coming up due to dire need of replacement. Brief discussion followed on the number of years before replacement of units, the sourcing of the bids, warranties and SEER efficiency. Mr. Ralph Lotspeich, of 7008 Sevilla Court, explained he does all of the energy conservation for air conditioning at Patrick Air Force Base and stated there is no real payback yet for high SEER units. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Emergency Purchase of a New Air Conditioning Unit for City Hall. 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. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 6 of 13 CONSIDERATION: 3. Proposal for Lobbyist Mr. Boucher introduced the firm Eligere Strategies, LLC. Mr. Garrett Pomichter, Communications Director, introduced himself and stated he contacted the City Manager about representing the City of Cape Canaveral. He introduced Legislative Affairs Director, Mr. Matt Dupree, and Public Affairs Director, Mr. Tim Buckley. Mr. Dupree illustrated for Council the two main reasons why his company decided to appeal to smaller cities; House Joint Resolution 949 and Amendment 5. Mr. Dupree explained there is a movement by the (Florida) House of Representatives to reduce Ad Valorem (taxes) across the board by using vehicles such as these. Mr. Dupree assured that if their company is unsuccessful in stopping Res. No. 949, then the City of Cape Canaveral will not have to pay them. He stressed there was no representation for the small cities during the committee meetings. Mr. Dupree pointed out that large initiatives like this do not get started the first day of legislative session. He said the key is to look at who voted for these things and where they fall in the leadership chain for the next few years because that is a very likely indicator of how they will proceed. Mr. Dupree gave other examples of how his company could help with sidewalk, traffic light and sound wall issues. Mayor Randels inquired if they had time to add one more client to their list. Mr. Dupree responded they form strategic partnerships with other lobbyists for assistance. He encouraged contacting all of the clients listed and informed they have not missed a deadline nor been unable to perform a task required or asked of by any of their clients. Mr. Dupree responded to Mayor Randels that thirty to forty percent of their time is taken up with working around unfunded mandates in Tallahassee. Mr. Nicholas inquired about conflicts of interest. Mr. Dupree responded they would simply bow out if they felt there was something that represented conflict. Mr. Petsos pointed out Council needed to remember this is citizens' money they are spending and stated he likes the League of Cities and they do afford the City a lot of protection. Mr. Petsos added he needed to hear from the rest of Council on the pros and cons and what they would expect to get from Eligere Strategies, LLC other than non - passage of Res. No. 949. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 7 of 13 Mayor Pro Tem Hoog stated he looked at the amount of money as a minimal amount to pay for something the City could gain back in return and inquired what could be done for the City of Cape Canaveral. Mr. Dupree responded that his company would complement what the City is doing and to do it better, they have to have a consortium of small cities. Right now they are in negotiations with Satellite Beach, Melbourne Beach and Sebastian. Indian Harbor Beach is a client. Mr. Dupree emphasized these cities are handpicked because they believe these communities have common problems and obstacles. Mr. Dupree stated he believes strength is in numbers and a cohesive team needs to be formed to keep home -rule protected and keep unfunded mandates away. He urged Council to think about the message they're trying to send to Senator Haridopolos now and the weight that message would have if they had seven to ten cities that agreed, all in his district. Ms. Roberts asked how, when lobbying, they deal with partisan issues and both sides of the House. Mr. Dupree explained, as a lobbyist, it's not something that is brought up or needs to be talked about. He went on further to explain that he will seek support and co- sponsorship, but at the same time will make sure he is not hated by members of leadership. Ms. Roberts inquired as to when they proposed starting. Mr. Tim Buckley responded $50,000 is the annual fee and they would essentially begin the moment Council agreed. He said he wouldn't expect anything until October when the City's budget starts. Mr. Buckley informed their contract comes with a thirty day termination from either side with written notice. Ms. Roberts asked if they give cities periodic written reports on what they have been doing. Mr. Buckley responded they would provide reports as frequently as Mr. Boucher required. Ms. Roberts inquired about how many work hours they would be contributing for this amount of money. Mr. Dupree explained, if you are looking at Committee Weeks and Session alone, ground time is a minimum of five months. Mr. Buckley affirmed for Ms. Roberts that preapproved expenses, such as travel time, are prorated among the multiple cities. Ms. Roberts asked if there are other lobbyists that do something similar to what they (Eligere Strategies, LLC) do. Mr. Dupree responded he does not know of any other lobbyists that have decided to take the fee structure and the approach that his company has. Mayor Pro Tem asked Mr. Dupree if no contract was entered into, does his company have an incident fee. Mr. Dupree indicated his company would consider handling a couple of line items if seven or eight cities came to them asking for the same thing. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 8 of 13 Mr. Dupree explained they would sit down with the City Manager and go over a list of legislative goals and as part of their reactive lobbying: monitor legislation as it comes through, call the City Manager with options and present to the City Council for approval. Mayor Randels concluded Council could not make a decision yet because this was a discussion item and the City Manager would put this on an agenda as an exploration possibility. Mayor Randels thanked the three gentlemen for coming. 4. Revisions to Building Permit Schedule of Fees Mr. Todd Morley, Building Official, began his presentation explaining that current Building Permit fees in Appendix B. (ref. Ch. 82) of the City code were established by Ordinance 98 -28. He stated, aside from Brevard County, no other jurisdiction has raised their fees. He explained after reviewing the current rate structure, he recommends increasing permit fees to keep up with increased expenses incurred by the City. This presentation will include: • A recommended methodology • A "small permit" cost analysis • A review of "How much of the building dept budget has been funded by permit fees ?" • A proposed ordinance to impose a $100 fee for failure to obtain an approved final inspection. • The proposed revisions to City Code Appendix "B" Schedule of fees. Recommended Methodoloov Inflationary adjustment: Determine the year of the last permit fee increase and add 5% per year for inflation. Since the City of Cape Canaveral permit fee structure hasn't been adjusted since 1998, we have not been keeping up with the times. For years, salaries of public employees have generally increased at the rate of 5% per year. Ten years of salary increases (department expenses) at 5% per year amounts to 63 %. Generally speaking, costs have risen approximately 63% and our building permit fees may have been undervalued by as much as 63 %. A graph showed: $100 increased by 5% each (compounded) nets an increase of approximately 63% (for 10 years). The revised permit fee schedule in discussion has been revised to increase each category approximately 63 %. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 9 of 13 Because we use a tiered fee level structure there will be an "across the board" increase. The result is that smaller permits (Fences, A/C change -outs, etc.) will see the full increase. But larger permits (i.e. new structures) will see less of an increase because as the construction value increases, the percentage rate of the fee increase diminishes. Illustrations showed examples of: Current Fees, Proposed Fees and Percentage increases for A/C Change outs for a Single Family Residence, a New Commercial Building and a new Multi- family unit & Diminishing rate of percentage increase for A/C Change outs for a Single Family Residence, a New Commercial Building and a new Multi- family unit. Small Permit Cost Analysis In 2008, how much did it cost the City to complete a small permit with one inspection? (i.e. $2000 A/C change -out). Illustration showed approximate rates for 2008. Currently, for this permit we are charging $60.00. In 1998, how much did it cost the City to complete a small permit with one inspection? (i.e. $2000 A/C change -out). Illustration showed approximate rates for 1998. In 1998, the City charge for this permit was $60.00. In ten years, the approximate cost for the City to complete a small permit has risen from $44.40 to $70.57. An increase of approximately 60 0 /0, or approx. 5% per year compounded. A graph showed this. Note: This tracks with approximate annual employee wage increases of 5% per year. Accordingly, fees for small permits should rise approximately 60 %. This means a $60 permit should be increased to $96.00. (60 x 1.6 = 96) Recommendation: Increase the minimum permit fee to $100 (An increase of 67 %). Historically, how much has the Building Department budoet been funded by permit revenue? The building department is often required to perform unfunded work (i.e. Inspection of Municipal Buildings, Code Enforcement Inspections, Damage Assessment, Flood Plain Management Administration, Fieldwork Supporting Other Departmental Functions, etc.). This portion of the departmental budget, difficult to quantify, could be said to fall under the category of 'General Fund - supported'. Note: that the building department was 74% funded through permit fees in the year immediately after the adoption of Ordinance 98 -28. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 10 of 13 Graphs showed Building Dept budgets going back to 1992 -93 FY illustrating permit revenue and its percentage of the budget and how much of the Building Dept budget has historically been funded by permit revenue. Proposed ordinance to impose a $100 fee for failure to obtain an approved final inspection. The City of West Melbourne adopted Ordinance Order No. 2008 -35 (sample attached to agenda and displayed). This ordinance contains provisions for some new building - related policies for that City. One of those provisions is for the imposition of a $100 fee for failure to obtain an approved final inspection. For the following reasons this would be helpful for the City of Cape Canaveral and the ordinance will: • Help prevent expired permits (the fee can't be paid until the old permit is closed and the permit will not be closed until it achieves an approved final inspection); • Help protect property owners from Code Enforcement (helps put incentive for compliance in the contractors' hands); • Reduce the volume of Code Enforcement cases (expired permits equate to work without a permit); and • Help avoid State disciplinary proceedings (the enactment of this ordinance will achieve quick results as contractors will want to obtain permits). The last page of the West Melbourne Ordinance No. 2008 -35, section (g) states: (g) Final Inspection. Failure to obtain a final approved inspection for a permit before it expires will result in a $100.00 fine being levied against the permit applicant. No further permits may be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection. Mr. Morley expressed his hope for support of this ordinance and stated he thought it would help the City out a lot. Discussion followed. Mr. Morley displayed what the City's Ordinance would look like with these proposals; Chapter 82 Buildings and Building Regulations. Some proposed changes were: 1. Council agreed to strike out "No Inspections required" fee entirely. 2. A conforming change needs to be made at the bottom of the first sage displayed: Total valuation for assessment of permit fees for new commercial and residential construction shall be based on the latest valuation data published by the Seuthem Building Code Gangicess. (International Code Council (ICC)) City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 11 of 13 3. Under Plan checking fee: adding language stating plan review deposit may be required at the time of permit application submittal for large projects. 4. Under Plan checking fee: Mr. Morley requested the City Attorney's opinion on adding " a hearing before the construction board of adjustment at the end of the sentence stating 'When a dispute exists in the review of the plans and specifications for construction, the applicant may request..." 5. Upping re- inspection fee from $25 to $45. 6. Adding Special Inspection Fees (after hours, holidays, etc...) $50 /hr. 7. Adding Change of. Contractor fee $50. 8. Adding Change of Sub - contractor on Combination Permit fee $20. 9. Adding Inspection and /or reporting services not required by this code $50/hr. Some points of discussion: • Possible elimination of inspection services, which are not required by City code. • Final inspection call -ins (leaving on answering machines) and making sure they're put on the schedule. • Risk of contractors avoiding pulling permits to avoid fees and in turn committing possible code violations. • Concern over community education and putting information on the City website. Mr. Boucher stated he would have the City Attorney put these changes in a Draft Resolution format and submit for the next available meeting. 1. Moratorium on New Commercial Development along SR A1A. Ms. Roberts stated she thinks what the City is doing with the Visioning Project and Phil Laurien will have a tremendous impact on the way in which the community decides, through this highly participative process, what it wants in the City. Ms. Roberts went on to say, since A1A is major artery of the City and there are potential projects coming in that the City is informally aware of, she suggested considering a moratorium on all new construction along A1A until the City of Cape Canaveral has finished the Community Visioning Process. Mayor Randels stated he didn't see anything happening immediately. Mr. Boucher announced that Mr. Barry Brown, Community Development Director, is working on a School Comprehensive Plan Amendment and stated that leaves any other Comprehensive Plan Amendments and Re- zonings at a standstill until January. Mr. Boucher clarified that existing commercial properties could meet the criteria. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 12 of 13 Ms. Roberts stressed there are several projects of which Council is informally aware that meet the zoning criteria right now, but may not provide what the community wants. She stated these projects are in very significant parcels of land along AIIA and explained the City could very well have the development of A1A start emerging without community input. Mayor Randels noted when you have a willing buyer and a willing seller they can build whatever is properly zoned for that location. Ms. Roberts specifically addressed hotels. She stated Council has heard from a fair number of residents that would probably, possibly not want to have more hotels in the City. She suggested that in order to develop Al in a way that is commensurate with the will of the community, to hold off on development, until Council can get input. Points of discussion were: • The Porter Property; • Various factors of imposing moratoriums; • Property values going down and the economy of the area; • The City being down to a level of zero permits; • The time it would take to get through the Visioning Project; and • The impact on the citizens of the City. Mayor Randels stated, as Chair, he saw the majority of the City Council not being interested in placing this issue on an agenda for future discussion. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to extend the meeting until 10:15 PM. The vote on the motion carried "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 Tern Hoog to add on an item to the agenda. 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. ADD ON: Resolution Motion to Adopt: Resolution No. 2008 -17; Extending for a period of six (6) months the temporary suspension of the enforcement of display time limits and permit fees applicable to temporary on- premises signs. Mayor Randels was told, by Mr. Garganese, City Attorney, it was not necessary to read the resolution. City of Cape Canaveral, Florida City Council Regular Meeting August 7, 2008 Page 13 of 13 (10 There was no P ublic comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to adopt Resolution No. 2008-17. 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. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:15 P.M. L� Rocky Randels,,MAYOR i , ► Mia Goforth, R=ding Secretary (of , A } :4 T. lY • cov