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HomeMy WebLinkAboutMinutes 09-02-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 2, 2008 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 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 City Treasurer Andrea Bowers Building Official Todd Morley Planning and Development Director David Barry Brown Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Mayor Randels acknowledged Ms. Joyce Hamilton for her letter commending the City Manager and City Staff for their work during Tropical Storm Fay. PRESENTATION: Tropical Storm Fay Report. Mr. Boucher distributed an extensive Report related to Tropical Storm Fay to the City Council with availability to the public through the City Clerk's Office. Mr. Boucher read his Report Summary. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 2 of 14 Mr. Boucher introduced Jeff Ratliff, Assistant Public Works Director, to explain the response and reoovery events that occurred as a result of Tropical Storm Fay. Mr. Ratliff summarized how the City faced 21- inches of rainfall over a short time which exceeded a 100 year -storm event. Mr. Ratliff informed that most municipal systems were designed for a 25 -year storm event. He explained that the City has seven drainage basins, with the exception of the Shorewood area. The stormwater system is gravity driven as it flows to the Banana River, which was a key point to remember. Mr. Ratliff identified three major flooding areas: 1) Central Ditch area (the northern portion), 2) Canaveral Drainage Basin (the eastern portion) and, 3) Solana / Shorewood area (Shorewood Drainage Basin.) Central Ditch Flooding In summary, the flooding was the result of westerly winds pushing water into the Central Ditch with little or no flow to the Banana River. 1) Investigate possible methods to increase stormwater flow through the Central Ditch to the Banana River through Pipe orientation/ ditch excavation, etc. 2) Redevelopment of area will result in an improved stormwater management system as this would increase elevations and eliminate many stormwater discharges to the Central Ditch. Canaveral Drainaee Basin In summary, the flooding which affected the residential area of Harbor Heights, Villages of Seaport, and Ocean Woods, was the result of westerly winds pushing the water from the Banana River into the Central Ditch with little or no flow occurring to the Banana River through the entire drainage basin as a result of the stormwater discharge pipe being submerged. 1) Pump/ Discharge pipe will be on -site at this location for immediate future stone events. 2) Diversion pipe may be constructed from W. Central baffle box to the Central Ditch; • Will allow for continuous pumping during any tropical storms or hurricanes. • Will help to alleviate back -up of stormwater in the entire Canaveral Drainage Basin. Other Short-Tenn/ Lono Term Considerations: Construction of emergency outfall pipes at several locations from neighborhoods to the Atlantic dune. • Will allow for emergency pumping of stormwater into the ocean. • The City is currently working with the Florida Department of Environmental Protection (FDEP) on permitting issues. Solana/ Shorewood Communities (Shorewood Drainage Basin): In summary, flooding was the result of a "bowl" effect due to existing streets/ wet detention ponds surrounded by higher - elevation areas and the stormwater had no place to flow. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 3 of 14 Short -Term and Long -Term Future Stormwater Improvements: 1) Continued discharge of stormwater through Port Canaveral which may also be the best long -term solution due to the distance to the ocean. 2) Construction of emergency ouffall pipe over the Atlantic Dune. • Will allow for emergency pumping of stormwater into the ocean. In summary, the City's flooding was a combination of factors: • The City experienced 21 -plus inches of rainfall in a 24 -hour period; • The strong winds from the west which limited gravity flow of stormwater to the Central Ditch and the Banana River; • A "bowl effect" in the Shorewood Drainage Basin which minimized stormwater outflow; • And no stormwater system has been designed for a 200+ year storm event. In conclusion, short-term solutions for problem areas have been developed and will be used for immediate future storm events and long -term solutions for problem areas will be identified, investigated and implemented as appropriate. Mr. Sam LaRosa, of 604 Shorewood Drive, spoke of his intent to propose installing a 24 "- 30" line and also his intent to suggest the viability of flowing into the river, however, Mr. Ratliff clearly addressed those issues. Mr. Ratliff acknowledged how the City Manager succeeded in obtaining a Permitting Order from FDEP which was not done up to this time. Mr. Boucher clarified that the Order would address Tropical Storms Fay and Hanna only and he stated that response, recovery and mitigation were a team effort. Mr. Jim Greever, 358 Coral Drive, spoke on the flooding as a result of the Central Ditch and suggested using a Baffle Box with a check valve to alleviate future flooding. Mr. Greever stated that Canaveral Port Authority pumped water into the ocean without a permit. Mr. Greever related on the issues of how his neighbor could hear the Lift Station alarm sounding for several hours and of his hearing about an alleged broken water main in Harbor Heights. He requested a response from either Council or staff. Walter Bandish, Public Works Director, responded that Public Works staff was available from 10 P.M. onward to address the Lift Station issues. He explained how the light on the Lift Station reacts to high water; however, these Lift Stations were fully operational. Mr. Ratliff clarified, for the record, that the Canaveral Port Authority pumping was a permitted system. Mr. Ratliff explained how the City spent two days pumping water out of Jetty Park in order to alleviate the flooding in the Solana/ Shorewood area. Ms. Evelyn Tannebaum, of Solana Lakes, stated that the area residents took note of the rising water at Solana Lakes during the storm event with minimal communication on what to do. She expressed that, although she was unaware of how the damage would be remedied, she hoped that the improvements would alleviate any future occurrences of City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 4 of 14 flooding. In conclusion, Ms. Tannebaum stated that she desired to see more Fire or Law Enforcement presence during a crisis to reassure that emergency services were available. Mr. Boucher emphasized that the DEP Permit was temporary and related to Tropical Storms Fay and Hanna only. Mr. Bruce Patton, of 359 Harbor Drive, informed that the storm sewer near his home backs up during heavy rain storms and asked if something could be done to alleviate this situation. Mr. Ratliff explained that increasing the size of the pipes was considered as well as pumping the water into the ocean. Mr. Ralph Winans conveyed how quickly that the water rose up to his building and he stated how obtaining the Permit would alleviate any further occurrence. Mr. Ratliff restated that Tropical Storm Fay exceeded a 100 -year storm event. Mayor Randels informed that a 100 -year storm event standard was 11- inches of rain. Mr. Alan Galbreath, of Solana Shores, related how a line was run from the Cape Caribe oceanfront building over the dunes. Mr. Boucher clarified that Cape Caribe was also pumping water from the west side of that building which created a system of pumps. Mayor Randels stated that one of the lines in the Canaveral Port Authority area collapsed. He related that he met with Mr. Stanley Paine, Canaveral Port Authority Executive Director, who responded that the City would be allowed to pump water until dusk on Friday evening. However, pumping would need to cease after that time since the pumps were in an area that would interfere with the Port's Labor Day weekend activities. Mr. Nicholas arrived at 7.•56 P.M Ms. Roberts expressed that one of the challenges during the storm event was real -time communication. She requested that City staff establish critical points of contact in order to develop better communication between staff and the community. Ms. Roberts spoke about the lack of directional signage and how the Solana/ Shorewood communities were stranded and isolated from any Law Enforcement and Firel Emergency Service guidance. Ms. Roberts emphasized that 1) improved communication, 2) directional signage, and 3) a more noticeable presence from Law Enforcement, Fire - Rescue Services, and the Public Works Department would help the community during emergency events. Ms. Roberts mentioned how the new City web site will allow residents to register and receive E -mail alerts. In conclusion, Ms. Roberts thanked the Villages of Seaport for opening their gate to assist the Solana/ Shorewood communities. Mr. Petsos commended the Cape Canaveral Precinct, the Cape Canaveral Volunteer Fire Department, and the Public Works Staff for their response to this emergency situation. He agreed that improvements to the pipes would help. At this time, Mr. Boucher informed that there was a link from the CiVs existing web site to the Brevard County web site to register and receive emergency alerts. Mayor Pro Tem Hoog commended Staff for their tireless work. He also commended the cooperative efforts between Solana/ Shorewood area and the Villages of Seaport. Mr. Nicholas expressed that he had not seen standing water in Harbor Heights in his 45 years as a resident. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 5 of 14 Ms. Roberts brought out the need for mosquito control and she also inquired about submitting for Federal Emergency Management Agency assistance. Mr. Boucher clarified that individual homeowners were eligible to submit claims and said that the online claim submittal service was expeditious. Mr. Boucher informed that the Agricultural Center, at 3675 Lake Drive, in Cocoa was also available for grant assistance and this site also offered other recovery services such as the Red Cross. Mr. Boucher emphasized that the FEMA assistance would not address Homeowners' Association issues. Ms. Roberts asked if there would be a focal point for donation of non - perishable goods. The City Manager took note. In conclusion, Mayor Randels stated that there were no electrical power outages or sewer back -ups. Mr. Boucher announced that filled sand bags were available for residents at the Public Works facility, 601 Thurm Blvd., in anticipation of the upcoming storm. Mr. Boucher also announced that Waste Management was unable to collect any remaining debris prior to the next anticipated storm. However, the County activated its Interlocal Agreement with participating cities and another waste company would begin debris removal activities. Residents could contact the City Manager's office at: 321 -868 -1230 to coordinate a pick- up. The Chair called for a two - minute recess. The Chair reconvened the meeting at 8:17 P.M. BOARD INTERVIEW: Ralph S. Lotspeich, Jr.; Prospective Applicant, Code Enforcement Board. Mayor Randels called on Mr. Ralph Lotspeich for an interview. Mr. Lotspeich affirmed to the City Attorney that the information on his application was true and correct to the best of his knowledge. Mr. Lotspeich stated that he had worked with Ms. Duree Alexander, Code Enforcement Officer, on previous occasions and was encouraged to serve on the Code Enforcement Board. Mr. Lotspeich affirmed that he had no problem serving on a Board which may cite his neighbors for Code violations. Mr. Lotspeich affirmed that he had no Conflict of Interest related to his real estate association. He explained that he was a full - time Engineer with the Department of Defense and owned fheen properties in Brevard County. His real estate association was not to sell properties, but a contractual discount agreement with his Broker. Ms. Roberts asked what positive purpose Mr. Lotspeich hoped to accomplish by serving on the Code Enforcement Board. Mr. Lotspeich replied that he would like to see the City continue to move in a positive direction and he desired to volunteer his time. Mr. Lotspeich disclosed that he spoke with Ms. Alexander regarding the Board requirements. Attorney Garganese informed Mr. Lotspeich that he was required to complete a State generated Financial Disclosure Form annually and he could obtain a copy from the City Clerk's Office for his review before a final decision was made. In conclusion, Mayor City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 6 of 14 Randels stated that a Resolution to appoint Mr. Lotspeich to the Code Enforcement Board would be placed on the next City Council Meeting Agenda of September 16" . John Bond, Prospective Applicant, Board of Adjustment. Mayor Randels called on Mr. John Bond for an interview. Mr. Bond affirmed to the City Attorney that the information on his application was true and correct to the best of his knowledge. Mr. Bond stated that he is a Real Estate Development Manager which required him to work with those factions related to City development. Mr. Bond stated that he had not prosecuted any land development applications with Cape Canaveral, but had done so through another governmental agency. Mr. Bond stated that the company for which he works did not do business in Cape Canaveral. Mr. Bond responded to Ms. Roberts that the Board did not meet frequently which was well suited to his schedule. He also stated that he desired to participate in the public meeting process and not merely complain about issues. He expressed the understanding that he would be unable to vote on all issues due to potential Conflict of Interest and he would abstain from voting on those matters. Mr. Nicholas clarified that the Board of Adjustment only renders decisions on the City's zoning code. Mr. Bond affirmed that he was aware of that fact. Mr. Petsos expressed his appreciation that Mr. Bond planned to make fair and informed decisions and commended Mr. Bond's desire to participate in the process. Mr. Bond expressed his pride on living in the Cape Canaveral community. In conclusion, Mayor Randels stated that a Resolution to appoint Mr. Bond to the Board of Adjustment would be placed on the next City Council Meeting Agenda of September 16P. REPORTS: City Manager • Mr. Boucher announced the First Budget Hearing on Wednesday, September 3` at 5:30 P.M. • Mr. Boucher announced that the City Attorney and the Planning and Development Director completed a working draft of the Sign Code Ordinance. A Workshop Meeting was forthcoming. • Mr. Boucher reported that City staff was preparing for Tropical Storm Hanna the next anticipated storm. Mr. Boucher informed that a block of hotel rooms would be made available at the Holiday Inn Express at the Airport to those employees who live on Barrier Islands and may be subject to mandatory evacuation. This would assist in keeping employees together and accessible for recovery efforts. • Mr. Boucher commended the Public Works staff for their efforts of preventing City sewage back -ups. Ms. Dianne Marcum acknowledged the City employees who live in other areas and were affected, but worked to alleviate the City's flooding issues. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 7 of 14 STAFF • There were no reports from Staff Departments or the City Attorney. CITY COUNCIL Council Members Roberts Ms. Roberts referred to City Council's previous discussion on the use of the Library Meeting Room for a Council Chambers. She pointed out how the capacity attendance at this meeting was an example of the need for a larger meeting facility. Mr. Boucher responded that he would return to the matter of the Library Meeting Room use subsequent to preparing the next storm event. Council Member Nicholas Mr. Nicholas inquired about expanding the Sidewalk Master Plan. He expressed the necessity of a plan to install sidewalks throughout the City. The City Manager made note that Council could schedule a Workshop Meeting for further discussion. Council Member Petsos • Mr. Petsos commended Law Enforcement, the Fire Department and Public Works Staff for their work during Tropical Storm Fay. • Mr. Petsos asked if the Recycling Program had been eliminated in the Villages of Seaport. Mr. Jack Olive, President of the Villages of Seaport Condominium Association, explained that there was an ongoing problem due to lack of sorting. He suggested a location for recycling at another location. Mr. Petsos requested recycling education for this community since the City was moving toward becoming a Green City. Ms. Bowers suggested contacting Ms. Pam Shoemaker of Brevard County for further education. In conclusion, Mr. Olive informed that a non - profit group had expressed an interest to assist them with sorting and recycling. Mayor Pro Tom Hoog • Mayor Pro Tern Hoog requested a waiver on banners for a Kiwanis Club Pancake and Meet the Candidates Breakfast at Manatee Sanctuary Park on Saturday, October 4th. The banners would be placed on the north and south sides of West Central Blvd. • Mayor Pro Tern Hoog commended staff for the new street lights on Thurm Blvd. • After researching the issue, Attorney Garganese replied that the Kiwanis Club could obtain a waiver based on the City's Sign Code, Section 94 -81 for temporary off - premise signs. The City Manager could Administratively address the Kiwanis Club's request. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 8 of 14 Mayor Randels • Mayor Randels noted a news article related to the Stormwater Products Conference held on May 21 on Merritt Island attended by Jeff Ratliff, Assistant Public Works Director • Mayor Randels thanked the Canaveral Port Commission for the proposed installation of a sidewalk along State Road Al for pedestrians headed to the Port. He also thanked the Port for their cooperation during the pumping that occurred during Tropical Storm Fay. • Mayor Randels distributed the Canaveral Port Authority Business Plan brochures. • Mayor Randels reported that National Night Out was officially moved to October in 2009. • Mayor Randels reported on the recent TRIAD initiatives being put into progress. Mayor updated the Council on the status of the City's Lifesaver Bracelets purchase and their availability to Cape Canaveral residents. • Mayor Randels reported on his letter of support to Senator Nelson for Senate Bill 844 related to the Beach Protection Act of 2008. • Mayor Randels reported on his effort to bring the State of Florida Communities for a Lifetime Conference back to the Radisson. • Mayor Randels offered an invitation for the following upcoming meetings to any interested Council Members: 1) the Florida Public Relations Association planned to meet at the Courtyard by Marriott in Cocoa on September 12 Cost is $50 for Members and $60 for guests; 2) the 2008 Air Force Ball at the Radisson also on September 12 Cost is $40; 3) Brevard Workforce Development Board Inc. Graduation on September 5"'; the Small Business Development Corporation Veterans Conference on September 23"' at 8 A.M. Mayor Randels emphasized that any related costs must be incurred by the attendee. AUDIENCE TO BE HEARD: Mr. John Johanson, of 310 Adams Avenue, thanked the City for the lighting on Thurm Blvd. and requested street light blinders on the residential side to prevent spillover lighting. The City Manager took note. Mr. Johanson reported on sewer plant overflow into a retention pond at the adjacent Discovery Bay area and he requested a landscape separation to avoid any future spillage. Mr. Bandish informed that the sludge was removed and the problem remediated. CONSENT AGENDA: City Council Regular Meeting Minutes of July 15, 2008. 2. Resolution No. 2008 -18; Reappointing Regular Members to the Planning and Zoning Board. (D. Dunn and H. Pearson) City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 9 of 14 Mayor Randels asked if any Council Member, Staff member, or interested party desired to remove an item from the Consent Agenda for discussion. Ms. Roberts referred to her previous recommendation for a process change related to the City Board reappointments. Her request was to have Board Members return to the Council to discuss what they have accomplished and to state what they planned to accomplish as a reappointed Board Member. Mr. Nicholas asked if the Boards were polled concerning coming back before the Council. The City Manager took note to pose this question to the various Boards. A motion was made by Mr. Nicholas and seconded by both Mayor Pro Tom Hoog and Ms. Roberts to Approve Consent Agenda Item No.1 with the amendments and Item No. 2. 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: Emergency Stormwater Pumping Services, in the Amount of $49,500. Mr. Bandish affirmed for Mayor Pro Tern Hoog that the emergency cost would include the time up to 5:00 P.M. as of today when the pumping ceased. Mr. Tom Garboski, of 303 Surf Drive, asked d there were any anticipated reimbursements from the Port as this would set a precedent for the City to assist others with their failing infrastructure. Mr. Boucher explained how Cape Caribe addressed the issue on their property. Mr. Boucher clarified that Homeowners' Associations were not eligible for reimbursement from FEMA; however, Harbor Heights residents were eligible since the stormwater system in that area was a public system. Mr. Petsos stated that the persons affected pay into the Stormwater Fund. Ms. Roberts stated that the residents in the Solana/ Shorewood community pay taxes for emergency services such as those related to the Tropical Storm Fay flooding. Mr. David Shirtzinger, of Surf Drive, stated that he would like to see all residents pay a more equal stormwater fee in that he was paying $3 for Stormwater service and the Solana/ Shorewood community pay .45 cents. Mayor Randels emphasized that the Solana/ Stormwater community does not drain into the City's stormwater line but into its lakes creating a self- contained stormwater system. Attorney Garganese started that the City had the authority to pump Stormwater from private property in an emergency situation. Mr. Nicholas concluded that any further discussion on this issue was better served under the Discussion Item: Lessons Learned as a Result of Tropical Storm Fay. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Emergency Stormwater Pumping Services, in the Amount of $49,500. 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 Minutes September 2, 2008 Page 10 of 14 4. Motion to Approve: Waiver of Building Permit Fees until 03/02109 Related to Tropical Storm Fay Damage. Todd Morley, Building Official, explained how air compressor repairs and roof and siding repairs, were the types of repairs anticipated which did not require a Permit. The two requirements were: writing on the Permit Application that the damage was storm damage and that the Applicant be on the Damage Assessment rolls. Mr. Morley clarified that inspections were required. Mr. Petsos asked how the City would determine if a leaking roof was on the damage assessment roll. Mr. Morley replied that Applications were determined on the Assessment as having a leaking roof, however, other leaking roof. Applications would be added to the list when evidence was found that the damage was storm related. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve a Waiver of Building Permit Fees until 03102109 Related to Tropical Storm Fay Damage. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 5. Motion to Approve: Proposal for the Design of the Southern Section of the Central Blvd. Canal. Jeff Ratliff, Assistant Public Works Director, reminded that a grant was available for $115,000 from the St. Johns River Water Management District with matching funds from the City. He stated that the project was limited in scope due to the presence of manatees. Mr. Ratliff reminded that the Florida Department of Environmental Protection 319 Grant was eliminated for this section as this project was considered a maintenance project. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Proposal for the Design of the Southern Section of the Central Blvd. Canal. 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. S. Motion to Approve: Proposal for Construction Support of the Stormwater Baffle Box Installation at Central Blvd. Mayor Randels clarified that this project was eligible for a Florida Department of Environmental Project 319 Grant. Mr. John Peker, City Engineer, stated a 90-day timeframe for completion. Mr. Ratliff noted that this project would require three baffle boxes and he replied to Mayor Randels that baffle boxes did not reduce the flow of water in a storm drain. Mr. Pekar replied that the 90 -days followed the initial 60-day review period. Mr. Ratliff clarified that ordering the boxes would follow the shop drawing reviews. Mr. Peker explained how the Army Corps of Engineers was involved in tributary water projects as a part of the Nationwide Waters Permitting. Mr. Pekar stated that this type of project related to water quality. He related on the pollutants present in stormwater and City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 11 of 14 how the Baffle Boxes were a preventative water quality measure. Mr. Pekar stated the difficulty of obtaining a FDEP Permit to pump water over the dunes to the ocean and commended City Staff for their exemplary efforts to obtain one. A motion was made by Mayor Pro Tom Hoog and seconded by Ms. Roberts to Approve the Proposal for Construction Support of the Stormwater Baffle Box Installation at Central Blvd in the Amount of $13,200 to Stottler, Stagg and Associates, Inc. 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. 7. Motion to Approve: School Resource Officer Agreement with the City of Cocoa Beach. Mayor Randels informed that this year's Contract covered 292 students, or 20 percent of the Cocoa Beach Jr. / Sr. High School students who live in Cape Canaveral. The Brevard County School Board pays 50 percent of this cost. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve a School Resource Officer Agreement with the City of Cocoa Beach in the Amount of $5,730. 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. 8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Quarter Ending June 30, 2008. Andrea Bowers, City Treasurer, brought the County's report related to their Fund B State Board Administration [SBA] Investments to the municipalities as payment for recently collected taxes to Council's attention. A transfer of approximately $50,000, which was owed from Internet Sales Taxes, a portion was provided to the municipality in cash; however, the remaining $49,000 was transferred to an SBA Fund Account. Ms. Bowers stated that this was a countywide issue. Mr. Petsos stated that this could be addressed at the upcoming Space Coast League of Cities meeting. Ms. Bowers reported a minimal increase in Fire Inspection Fees and in Brevard County Emergency Medical Service. Parking ticket funds were now tracked separately for future decision making. Funds were returned from the Police and Fire contracts. Ms. Bowers noted reduced Revenues offset by Cash Forward to pay for some Capital used. Ms. Bowers clarified that there was no longer a second position for an Administrative Assistant for the City Manager's office. Ms. Bowers stated that the Long Point Road project was not funded in the current 2007/ 2008 Budget. Ms. Bowers informed that the final Budget Transfer would come to the Council in the form of an Ordinance. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 12 of 14 A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Quarterly Treasurer's Report and Budget Transfers for the Quarter Ending June 30, 2008. 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 Approve: Interlocal Agreement for Public School Facility Planning Mr. Matt Boerger, of Miller Legg and Associates, informed how due to the submittals of other municipalities, the Council needed to address an amended plan based on the State of Florida, Department of Community Affairs concerns. The changes included: 1) using the Department of Education's Capital Outlay Full -Time Equipment projections and, 2) the City would implement the Concurrency Management System in the Land Development Regulations as soon as the School Element was adopted. Mayor Randels noted the inclusion of using the Florida Inventory of School Houses. Ms. Roberts noted, for the record, a depiction of a process flow chart on Page 46 of the document. Mr. Boerger replied to Mayor Randels that if the City did not adopt the Public School Facility Plan, then the State would find the City noncompliant and would place a moratorium on any further Comprehensive Plan Amendments. Ms. Roberts referred to the language on Page 9, under Section 5.3, which stated that the School Board would provide the local government of jurisdiction an opportunity to agree. Ms. Roberts asked if this were an add -on. Mr. Boerger affirmed that it was an add-on and stated that this language was standard to all the municipalities. He added that the City of Cape Canaveral was given speck language to include the residential short-term population who were not included in the student population. Mr. Garboski questioned the student population relative to approving this Agreement. Mr. Boerger replied that his question would be answered in the next item. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve the Interlocal 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. ORDINANCE: First Public Hearina 10. Motion to Approve: Ordinance No. 09 -2008; Adopting a Public School Facilities Element. Attorney Garganese read Ordinance No. 09 -2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVRAL, BREVARD COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN MANEDMENT ESTABLISHING A PUBLIC SCHOOL FACILITIES ELEMENT AND City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 13 of 14 AMENDING THE CAPITAL IMPROVEMENTS, INTERGOVERNMENTAL COORDINATION AN DFUTURE LAND USE LEMENTS CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATIONINTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DTAE AND LEGAL STATUS OF THE PLAN AMENDMENTS. Mayor Randels explained how adopting this plan would allow for a level of service and adopting the Public School Facilities Element would even out the student population by changing the boundary lines. Mr. Boerger stated that this Public School Facilities Element affects other elements in the Comprehensive Plan. Mayor Randels mentioned how Schools of Choice do not have boundaries; however, changing the boundary lines would allow for 100 percent capacity and forego the need to build additional schools. Mr. Boerger concluded that it was the school's obligation to meet the concun'ency requirement and build more schools. As a result, the City would also need to adopt the school's 5 -year financial feasibility plan. Mr. Petsos informed that another school would establish an Intemational Baccalaureate Program which at this time is open to many out -of -area students. There was no public comment. A motion was made by Ms. Roberts and seconded by Mayor Pro Tom Hoog to Approve Ordinance No. 09 -2008 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. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Nicholas to Extend the Meeting to 10:15 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. DISCUSSION: 11. Cape Canaveral Lessons Learned as a Result of Fay. Ms. Roberts stated her intent of this discussion was to obtain goals in a summary format of the City Staffs planned improvements in the aftermath of Tropical Storm Fay. Mr. Boucher encouraged Ms. Roberts to review his Storm Report for complete staff coverage. He explained how on Monday, Tuesday, and Wednesday there was nothing to report due to the prevailing easterly winds. However, the City's flooding problems began when the wind changed to a westerly direction on Thursday. Ms. Roberts related on how the Solana/ Shorewood community expressed their feeling of isolation due to the lack of information in television news coverage about the Cape Canaveral area. Mr. Boucher stated that he conveyed community alert messages through the Brevard County Emergency Operations Center and they in turn published news announcements as City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 2, 2008 Page 14 of 14 needed. Ms. Roberts suggested that Council Members provide the City Manager with their individual input in the storm's aftermath. Ms. Roberts also brought out the need for clarity on the roles and responsibilities of City staff in conjunction with Law Enforcement and Fire Rescue Services. ADJOURNMENT: Then: being no further, business, the Chair adjourned the meeting at 10:15 P.M. Susan Sfills, O CLERK E MW •-