Loading...
HomeMy WebLinkAboutMinutes 09-16-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 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 Council Member Mayor Council Member Council Members Absent Council Member Others Present City Manager City Attorney City Clerk Building Official Planning and Development Director Recreation Director Fire Chief REPORTS: CITY MANAGER: Bob Hoog Leo Nicholas Rocky Randels Shannon Roberts Buzz Petsos Bennett Boucher Anthony Garganese Susan Stills Todd Morley David Barry Brown Robert Lefever David Sargeant, Cape Canaveral Volunteer Fire Department Mr. Boucher reported that the N. Atlantic Avenue and Central Blvd. Pre - Construction Meeting was rescheduled for October 3, 2008. The original pre - construction activities were deterred by Tropical Storm Fay. Mr. Boucher distributed the Draft Lease Agreement for the Use of the Library Meeting on Friday September 12 . With City Council's authorization, the City Manager asked to forward the Letter to the County Manager. Mr. Boucher read the Draft letter. Mr. Nicholas asked if the anticipated Meeting Room use included the scheduling of Condominium Association Meetings. Mr. Nicholas asked Mr. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2006 Page 2 of 9 Boucher if he would reference that fact in his Draft letter in order to not restrict the Library Director's power to authorize the use of the Room. Ms. Roberts asked about maintenance since there was no mention of it in the Draft Lease Agreement. Mr. Boucher affirmed that maintenance would be included. Ms. Roberts also brought up the need for a larger projection screen for the proposed Meeting Room in an effort to meet presenters' needs and to take advantage of the most current technology. Mr. Boucher stated that he would return to the City Council at a later time to address any of the details related to the Library Lease Agreement. Mr. Boucher clarified that the Cape Canaveral Library's exterior Building Maintenance was Brevard County's responsibility. Mayor Randels clarified that the Library Meeting Room use was proposed due to increased attendance at the City Council Meetings and to provide additional space in the Annex building for the Cape Canaveral Precinct staff. Ms. Roberts asked if the Draft Lease Agreement had been shared with the Cape Canaveral Library Board. Mr. Boucher replied that A had not. In conclusion, Council Members agreed that Mr. Boucher should discuss the Draft Agreement with the City's Library Board first and then proceed to the County Manager. Mr. Boucher reported on a request from the Ocean Woods Homeowners' Association to assist with approximately $400,000 in storm related drainage repairs following Tropical Storm Fay. Mr. Boucher forwarded their request to the Brevard County Emergency Director who in turn forwarded their request to the State Emergency Management Division. Mr. Boucher reported that the President of the Homeowners' Association could apply for State Disaster Public Assistance. If this was rejected then the Association could apply for a State Board of Administration Loan. Mr. Boucher replied to Mr. Nicholas that the Canaveral Port Authority Commission was seeking a $275,000 Emergency Replacement Request for Atlantic Development to repair the collapsed pipe at Jetty Park. Mr. Boucher reported that Mr. Phil Laurien, of the East Central Regional Planning Council, contacted him saying that he put funding in his budget to assist the City with its visioning processes. Once Mr. Laurien's budget was approved, he would provide a scope of services related to those tasks. Ms. Roberts asked the City Manager if he had provided Mr. Laurien with a proposed schedule to convey the City's sense of urgency to get the project underway. Mr. Boucher responded that since Mr. Laurien was providing his services at no charge; then the City would be added to his schedule as his time permitted. Ms. Roberts suggested that the City take a proactive stance and provide Mr. Laurien with information of what the City expects him to perform. Mr. Boucher reported that he provided copies of the Coastal Fuels Appeal of the Planning Director's Interpretation of Non - Conforming Use Code as it related to their Asphalt Storage Tank. Staff will review, prepare and schedule a Board of Adjustment Meeting related to this matter. If the Council had any questions, they should contact the City Manager or Barry City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 3 of 9 Brown, Planning and Development Director. Mr. Boucher informed that the Appeal was Public Record and would be made available by request. Mr. Boucher reported that he worked with Ms. Dianne Marcum, of the Business and Cultural Development Board, on the City MarketiVideo. Video production would occur beginning the week of September 22 . Mr. Boucher reported that the Public Works Department staff performed an inspection of the masonry at the Cape Canaveral Library building and notified the Library Director of the need to repair, seal and paint the building exterior as it was their responsibility under the Library Lease Agreement. Mr. Boucher reported that Mr. David Stanley performed the background work on the Oral History Project. Mr. Stanley desired to hold an informal production meeting with the City Council to review some of the issues and how the project would progress with a theme and choice of interviewees. The City Clerk would coordinate a Workshop Meeting date and time with the Council. Ms. Roberts inquired about the timeline for the Oral History Project. Mr. Boucher replied that scheduling was approximately three weeks behind due to Tropical Storm Fay; however, the City Cleric would assist the Council in establishing a date and time for this meeting. Mr. Boucher reported that the Youth Center building was repaired. He and the Recreation Director would return to the Council with replacement options. STAFF Recreation Director Mr. Lefever announced a Wildlife and Reptile Show at the Recreation Center on Saturday, September 20 from 5 P.M. to 6:30 P.M. "Trapper Jim Green" was the presenter. Planning and Development Director • Mr. Brown informed the Council that he gave the City Attorney a Discussion Paper related to Council Members meeting with developers in Pre - Application Meetings prior to the developer formally submitting an Application for review. Mr Brown would confer with the Council subsequent to the City Attorney's review. Building Official • No report. City Clerk • No report. City Attorney • No report. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 4 of 9 CITY COUNCIL Council Member Roberts • Ms. Roberts referred to Mr. Donald Dunn's request from the previous City Council meeting and asked if any action would be taken related to cars parked on the sidewalk on Anchorage Way. Mr. Boucher replied that he would need to ascertain the City's enforcement authority since Anchorage Way was a private drive. • Ms. Roberts noted substantial debris left on Anchorage Way and North Atlantic Avenue for a 12 -day period. Mr. Boucher replied that this debris would be picked up by Wednesday, September 17 • Ms. Roberts acknowledged residents from Puerto del Rio condominiums who desired to share their concerns related to river erosion as a result of Tropical Strom Fay. • Ms. Roberts asked if there was a City policy addressing staff members in attendance at the Community Appearance Board and the Library Board meetings. Ms. Roberts suggested sending an alternate Staff representative to the meetings in the absence of the designated representative. Mr. Nicholas pointed out that Ms. Escapa, Cape Canaveral Library Director, was considered the Staff representative to the Library Board. Ms. Roberts stated that some questions arose during the Library Board meeting which City staff might have been able to answer. • Ms. Roberts reported that there was no safety fence at the Central Blvd. North canal as a preventative measure as was done for the South canal. She recommended a safety fence at that location. • Ms. Roberts commended Mayor Randels for his representation at the Brevard County Metropolitan Planning Organization Meeting. Mayor Randels spoke on the State Road 528 widening issue and the State Road Al curb and gutter project. • Ms. Roberts reported that State Representative Tony Sasso planned to meet with the Florida Department of Transportation related to the City's concern of a left -hand turn signal on State Road A1A and Central Blvd. • Ms. Roberts requested four -to -six weeks advanced notice for the non - regularly scheduled City Council Meetings. Ms. Roberts requested consultation with the Council Members prior to scheduling any meetings with respect to their other commitments. Mr. Boucher explained how the Sign Code Workshop meeting was expedited at the City Council request and the date scheduled provided them with a two -week notice. Ms. Roberts expressed that short -term meeting planning was not a good executive business practice and she recommended a calendar of the anticipated Meetings for the entire year as a professional courtesy to all Council Member's schedules. Council Member Nicholas Mr. Nicholas noted the Sign Code Workshop Meeting on Wednesday, September 24tH City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 5 of 9 Mr. Nicholas requested a Discussion Item on the use of the Commemorative Coins as a City acknowledgement. Mr. Nicholas requested to add the Florida League of Cities Priorities List items to the Meeting on Monday, September 22 in order to meet the anticipated October 1s deadline. The City Manager stated that he would verify the deadline date and if action were required by October 1 then he would amend the September 22 Meeting Agenda for this item. Council Member Petsos • Not present. Mayor Pro Tem Hoog • Mayor Pro Tern Hoog requested information on the street lights for State Road A1A. Mr. Boucher responded that the Purchase Order was in progress and Florida Power and Light was scheduling the street light installation based on receipt of the City's Purchase Order. • Mayor Pro Tern Hoog related that he attended the Florida League of Cities Legislative Policies Committee Meeting in Orlando on September 12th. There were seven items for consideration. Mayor Pro Tern Hoog addressed some of the items as follows: 1) a Bill to address Social Security Numbers and the Public Records Law, (Florida was the only State that permits the disclosure of Social Security Numbers), 2) House Bill 991, allowing the public to speak at public meetings, (some cities do not permit the public to speak) 3) House Bill 351, Erecting Traffic Devices at Stop Signals, (one city reported 751 violations in one week) 4) and a Bill to address Illegal Immigration, which was a three - part Bill related to the municipalities and the prohibited hiring of illegal workers. • Mayor Pro Tern Hoog reported that the Fireworks Bill was not addressed by the Committee since the mainland communities did not appear to experience any substantial impact related to this issue. • Mayor Pro Tern Hoog asked the City Manager about the City's 401(k) account and State Board Administration Funds. Mr. Boucher replied that the City's investments were with the State of Florida Treasury which was a different State agency. Mayor Randels • Mayor Randels announced, on behalf of the School Resource Officer, Deputy Mitch Boshnack, a Walk to School Day on Wednesday, October 8 with assistance from the Kiwanis Club. The event would give parents an opportunity to walk to school with their children and identify any potential hazards. • Mayor Randels reported that he uncovered enough funding in the Brevard County Metropolitan Organization Transportation Improvement Fund to support the "Feet Not Fuel Program." This funding would help to obtain a pavilion over the bike rack at Cape View Elementary School. The slogan for this effort will be, "It's Cool to Ride Your Bike to School." City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 6 of 9 • Mayor Randels related that Senator Bill Nelson responded on Senate Bill 1506, the Beach Projection Act, Senator Nelson will support this Bill. • Mayor Randels reported that the Canaveral Port Authority has a Speaker's Bureau. These representatives could provide expert help with City Staff presentations. • Mayor Randels announced National Alternative Fuel Vehicles Day sponsored by the Florida Solar Energy Center. The event will take place on October 3 b . Mayor Randels noted the City's electric vehicle as a result of the City's partnership with this organization. • Mayor Randels spoke about the upcoming Brevard County Metropolitan Planning Organization [MPO] name change and noted the organization's purpose of municipalities mutually supporting transportation projects in all parts of the County. Mayor Randels acknowledged that Cape Canaveral was the only City which retained all of its projects on the annual MPO Priority Planning List, AUDIENCE TO BE HEARD: • Mr. and Mrs. John and Blanche Petrovic addressed the Council and thanked the Council and City Manager for listening to their cause. Mrs. Petrovic explained that Mr. Petrovic was distributing the following documents: a petition, a timeline of events and signatures of owners from Buildings I, II and III at Puerto Del Rio and a hard copy of photos conveying the impact of Tropical Storm Fay at Puerto Del Rio Condominiums. Ms. Blanche Petrovic read their petition dated September 8, 2008. In closing, Mr. John Petrovic expressed his hope that the City would assist in resolving this issue. [Petition attached.] Mr. Boucher replied that the Building Official was researching their issue to verify the requirements of riverfront area construction. Todd Morley, Building Official, conveyed from Mr. Danny Ringdahl, developer of Puerto del Rio, that although he had developed a remediation plan using coquina rock, he desired to hear from the St. John's River Water Management District prior to implementing any plans. Mr. Nicholas posed the need to modify the Building Code and to ensure that these modifications were part of the Building Application process. Mr. Morley clarified that there was much construction that did not require shoreline hardening. Unfortunately, Puerto Del Rio homeowners were impacted and the Building Official agreed with Mr. Nicholas' suggestion. Ms. Roberts added that this issue could be included in the City's Lessons Learned from Tropical Storm Fay. Mr. Jim Hale, of 110 Washington Avenue, requested recycling containers at the upcoming Fall Festival on Saturday, October 11 from 11 A.M. to 4 P.M. Mr. Lefever affirmed that recycling was addressed. Mr. Hale also related Ms. Andrea Rice's request to have Waste Management pick up the leftover yard waste on Monday after the Cape View Elementary School landscape clean -up planned for Saturday, September 20 Mayor Randels offered to have Waste Management deliver three containers. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 7 of 9 Ms. Joyce Hamilton requested assistance with the landscape clean -up at the Cape View Elementary School on Saturday, September 20 beginning at 8 A.M. Ms. Joyce Hamilton announced the Kiwanis Club Meet the Candidates Pancake Breakfast at the Manatee Sanctuary Park Pavilion on Saturday, October 0 at 8 A.M. CONSENT AGENDA: City Council Regular Meeting Minutes of August 7, 2008. 2. City Council Regular Meeting Minutes of September 2, 2008. 3. Resolution No. 2008 -21; Appointing a Regular Member to the Board of Adjustment. (John Bond) 4. Resolution No. 2008 -22; Appointing an Alternate Member to the Code Enforcement Board. (Ralph Lotspeich) 5. Resolution No. 2008 -23; Reappointing Regular Members to the Code Enforcement Board. (Charles Biederman, Walter Godfrey, Jr. and Raymond Viens) 6. Resolution No. 2008 -24; Reappointing a Regular Member to the Library Board. (Jean Deck) 7. An Application for an Outdoor Entertainment Permit for the Fall Festival, Saturday, October 11, 2008, 11 A.M. to 4 P.M. 8. An Application for an Outdoor Entertainment Permit for the Monster Mash Halloween Street Dance on Thursday, October 30, 2008. 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 requested again to amend the Board process and have reappointed Board Members come back to the Council, 1) in order to have the reappointed Board Members convey their insights of their previous years service on the Board, and 2) to hear any of their proposed improvements toward their future term on the Board. Ms. Roberts requested to have this process change on a future City Council Agenda as a Discussion Item. Ms. Roberts pointed out that Mr. Boucher had been tasked, as an action item at the previous City Council meeting, to ask the Boards if their Members desired to return to the Council at their scheduled reappointment time. The City Manager did not have responses from all the Boards at this time. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 8 of 9 A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 and 2 as Amended on through Item No. 8. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For. 9. Motion to Approve: Second Amendment to the Interlocal Agreement for Creation of the Space Coast Transportation Planning Organization. Mayor Randels explained the anticipated name change as one that would more correctly identify this Organization. Ms. Roberts expressed her concern that not all of the municipalities were represented by the organization. Mayor Pro Tem Hoog pointed out that the City of Cape Canaveral joined with Cocoa Beach in order to gain representation which was based on a City's population. Ms. Roberts recommended that the Council should seek full representation at some point in time. She expressed how the lack of representation places some cities at a disadvantage by not being able to participate in any of the deliberations and for Cape Canaveral to not participate at all at times. Ms. Roberts requested to this issue for a future City Council Agenda as a Discussion Item. Mr. Nicholas proposed that the Florida League of Cities Legislative Delegation address this issue of representation. Mayor Pro Tem Hoog stated that Council could present a Resolution for the Space Coast League of Cities' endorsement and this would subsequently identify how many cities have an interest. In conclusion, Mayor Randels clarified that Florida Statutes Chapter 339 defined the Composition of the local Transportation Planning Organization. Council Members agreed on this as a discussion item for the Space Coast League of Cities to address. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve the Second Amendment to the Interlocal Agreement for Creation of the Space Coast Transportation Planning Organization. The vote on the motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 10. Fire Station. Mr. Boucher explained how City Council would vote on the Annual Millage Rate on Monday, September 22n The Millage Rate would include an item related to the Debt Service for the renovations and additions at the 190 Jackson Avenue site. Mr. Boucher distributed a Site Plan. He explained how the renovation of the existing property at 190 Jackson Avenue would include the remodeling and addition to an existing Administration Building and Crew Quarters at 4,341 Square Feet and a new Crew Quarters Facilities Support Building at 5,062 Square Feet. Mr. Boucher reported the total cost for the Site work at approximately $2.9 million. The property cost for the four lots was $750,000 in City of Cape Canaveral. Florida City Council Regular Meeting Agenda September 16, 2008 Page 9 of 9 previous years; however, another Appraisal would be required. Mr. Boucher summarized, in speaking with the Architect that the Proposed Millage Rate would be adequate to perform the renovations and for acquisition of the site. Mr. Boucher stated that he requested the Architect to perform the comparative analysis related to building a Fire Station on City owned property adjacent to the Building Department or to proceed with renovations. Mr. Boucher affirmed for Mayor Randels that renovations remained an option. Fire Chief, Dave Sargeant replied to Ms. Roberts that renovation was previously discussed; however, the Council decided to build due to the condition of the existing Fire House. For the record, renovation remained a part of the concepts. Chief Sargeant stated that at this time there was nothing specifically proposed just spatial concepts. Chief Sargeant affirmed that the space analysis met the Department's needs. Mr. Nicholas asked if the renovations included furnishings as well as structural. Chief Sargeant replied that furnishings would be purchased from Reserve Funds. Mr. Boucher clarified that the specs of Site design were not in discussion at this time; however, the intent of this discussion was to bring out what is anticipated in the proposed Millage Rate on Monday, September 22 Ms. Roberts questioned the time period from the Millage Rate approval to the Architects design phase. Mr. Boucher replied that once the Architect's Contract was approved, then site and building design would occur. Mr. Boucher explained that the City would need to purchase the land and subsequently obtain Appraisals related to the existing Fire Station site. Chief Sargeant anticipated a 24- month, 2 -year timeframe for completion. Ms. Roberts asked if there would be a community involved approach toward the Fire Station's development. Mr. Boucher affirmed that community involvement in the process could occur subsequent to the City acquiring the property. Mr. Boucher replied to Mayor Randels that he performed a comparative cost option using City Hall. Chief Sargeant affirmed for Ms. Roberts that a Fire Station/ Federal Law Enforcement building was anticipated for the north side of the Port. Grant funding for that project met the planning stage; however, it was not adequate to proceed with construction at this time. In closing, the City Manger stated that if the Council had any further questions prior to the Monday evening's Meeting, that they should contact him or the Fire Chief. ADJOURNMENT: There being no further business, the Chair adjourned the meeting adjoumed at 8:45 P.M. Susan MO •. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2008 Page 9 of 9 coo P revious years; however, another Appraisal would be r equired. Mr. Boucher summarized, in speaking with the Architect that the Proposed Millage Rate would be adequate to perform the renovations and for acquisition of the site. Mr. Boucher stated that he requested the Architect to perform the comparative analysis related to building a Fire Station on City owned property adjacent to the Building Department or to proceed with renovations. Mr. Boucher affirmed for Mayor Randels that renovations remained an option. Fire Chief, Dave Sargeant replied to Ms. Roberts that renovation was previously discussed; however, the Council decided to build due to the condition of the existing Fire House. For the record, renovation remained a part of the concepts. Chief Sargeant stated that at this time there was nothing specifically proposed just spatial concepts. Chief Sargeant affirmed that the space analysis met the Department's needs. Mr. Nicholas asked if the renovations included furnishings as well as structural. Chief Sargeant replied that furnishings would be purchased from Reserve Funds. Mr. Boucher clarified that the specifics of Site design were not in discussion at this time; however, the intent of this discussion was to bring out what is anticipated in the proposed Millage Rate on Monday, September 22nd. Ms. Roberts questioned the time period from the Millage Rate approval to the Architects design phase. Mr. Boucher replied that once the Architect's Contract was approved, then site and building design would occur. Mr. ; Boucher explained that the City would need to purchase the land and subsequently obtain Appraisals related to the existing Fire Station site. Chief Sargeant anticipated a 24-month, 2-year timeframe for completion. Ms. Roberts asked if there would be a community involved approach toward the Fire Station's development. Mr. Boucher affirmed that community involvement in the process could occur subsequent to the City acquiring the property. Mr. Boucher replied to Mayor Randels that he performed a comparative cost option using City Hall. Chief Sargeant affirmed for Ms. Roberts that a Fire Station/Federal Law Enforcement building was anticipated for the north side of the Port. Grant funding for that project met the planning stage; however, it was not adequate to proceed with construction at this time. In dosing, the City Manger stated that if the Council had any further questions prior to the Monday evening's Meeting, that they should contact him or the Fire Chief. ADJOURN Alp f tk There Ming no further business, the Chair adjourned the meeting adjourned at 8:45 P.M. i t- A t C -04412(kf& Rocky Randels, M AYOR Susan SW ,CMC,,CI, Banana Riverfront Erosion at the Puerto Del Rio Complex Affecting Buildings 8954, 8964, 8974 (clubhouse), and 8984 Puerto Del Rio Drive, Cape Canaveral, Florida 32920 • On Tuesday August 19, 2008 and into Thursday August 21, 2008, Tropical Storm Fay with its 50 mph incessant, powerful, eastward directional winds of a non-stop, 50-hour duration severely eroded our bordering riverfront land. The erosion spanned about 5-6 feet where mangroves stood and-about 10-12 feet in areas devoid of mangroves. Following Fay's devastating effects, the City of Cape Canaveral sign on AlA directed damages to be reported to phone number 868-1222. Mr. Jeff Ratliff promptly returned my call on 8/26/08 and • referred me to the St. Johns River Water Management District. We located a contact phone number on the Internet for Mr. Frank Meeker. We phoned Mr. Meeker on 8/27/08; he was concerned with our • erosion and on his own initiative volunteered to take the 2.5-hour drive (from Flagler Beach) on Friday September 5, 2008 to view the erosive damage from our 4th floor balcony. r Mr. Meeker spent 2 hours with us discussing the pros, cons, and best options as follows: 1. He was surprised that the local building code permitted the construction of these 4 buildings in such close proximity to the Banana River without facilitating a protective barrier from the river. • • 2. Since the land within the required code was now compromised and breeched by the erosion, he suggested that action be taken to deter further erosion from future storms. He suggested a) laying down and anchoring an impervious plastic along the eroded land then b) laying down large Coquina boulders and c) planting mangroves to deter further erosion. Building a seawall • was not recommended. 3. Seeing that this is a result of our 2008 tropical storm/hurricane season, permission from the St. Johns River Management District concurrently with governmental assistance and reimbursement would be reasonable. An emergent action to mitigate further erosion damage is the best course of action; this would also save millions of dollars down the road. Thank you Mr. Hoog for viewing the devastation, on Saturday, September 6, 2008, from our 4`h floor balcony. Thanks to Ms. Shannon Roberts and Mr. Buzz Petsos for promptly returning our call and for scouting our area following the storm. We left phone messages for Mayor Rocky Randels, Leo Nicholas, and Bennett Boucher on Friday, September 5, 2008. We, the owners of the riverfront buildings at Puerto Del Rio have signed this petition and kindly request that The City of Cape Canaveral and the City Council help us in preventing further riverfront erosion. Many owners are seasonal inhabitants or rent out their units; as such, these owners will be informed of this communication. Thank you for your kind attention to this urgent matter. Blanche and John Petrovic Date: September 7, 2008 8954 Puerto Del Rio Drive, Unit 402, Cape Canaveral, Florida 32920 Phone: 321-392-3348