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HomeMy WebLinkAboutMinutes 05-15-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 15, 2007 7:00 PM MINUTES CALL TO ORDER ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Acting Public Works Director Acting Recreation Director PRESENTATION: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Carganese Susan Stills Andrea Bowers Todd Morley Walter Bandish Robert Lefever Legislative Update, Representative Bob Allen Representative Bob Allen addressed the Council and the audience and he referred to the Special Session related to the Property Tax Issue. He expressed that this was a tax policy anticipated to become a referendum and as a result the Legislation required ample time for discussion. Representative Allen stated that although there was a $72 billion budget there was less money than in previous years. He also stated that the State budget was approximately $800 million less. Representative Allen noted that after the hurricanes there was a $2 billion surplus and he noted that the State withheld $1.7 million of that amount. Representative Allen informed that the thought was not to spend funds on recurring debt, but to have recurring debt and recurring revenue match. Representative Allen noted that the Energy Legislature achieved a mechanism called the Florida Energy Aerospace and Technology Fund. He explained how this fund would assist in a match plan with State funds to maintain the space related jobs that would be City of Cape Canaveral, Florida City council Regular Meeting May 15, Zoo? Page 2 of 16 otherwise lost. He informed that Governor Charlie Crist encouraged the Bill in the House and the Senate. Representative Allen explained how people, although feeling the strain on the economy, were willing to work toward the future. Mayor Randels stated the importance of it knowing that Brevard County would benefit from it. Representative Allen stated that the philosophy of the Florida House was to feel budget constraints in the community chest and not the individual family. Representative Allen related on how the Citizens Insurance issue was important to his constituents living beach side and once again a 15 percent reduction bill on insurance was passed. He explained that the non - compete clause was removed from the Insurance Legislation for equal competition. Representative Allen stated that relief was offered from the Citizens government insurance. However, voting was marginal due to the dissension from those in the middle regions who expressed that they were carrying the burden of the coastal communities. He concluded that from a statewide view the coastal areas provide much income to the rest of the state and due to Florida's narrow width, no district was really able to separate from the coast. Representative Allen stated that the tax structure was another issue. Beginning with homesteading, he mentioned that he and senator Bill Posey considered a 3 percent cap, the rate of inflation, on all property. This would allow municipalities to use this as a gauge for budgeting. If a person wanted to buy someone's home, then they would receive the homestead rate of the previous owner instead of having it reconfigured to a new higher rate. Instead of portability, you would assume the rate of the previous person. For non - homestead property, the Property Appraiser could go up to 10 percent and the cap would begin at that point. Ms. Roberts asked if this applied to a person's second home. Representative Allen replied that this would cap non - homestead homes with a cap of up to 10 percent; however, if the house were sold the cap would begin again. However, this was not a separate category for a second home. Representative Allen explained how Legislative discussion concluded that owning property should be free and clear from government taxation; hence, the move to Sales Tax. Representative Allen stated that the senate was not interested in adjusting the tax from Property Tax onto Sales Tax. Discussions considered rolling back the tax rate to 2001 and then the 2003 level, and then allow the local governments to calculate back to the present day in 2007 as if the three percent cap were already in place, or the cost of living with inflation. So, the current figure would be much lower than the spikes experienced because of the property valuation and the real estate rushes. He stated that Legislative discussion continued in this fashion. The higher value of homestead cut most taxes in half. However, the immediate argument with the proposal came from the small businessperson. He related on the impact to their business success in the community. Representative Allen also informed how the higher insurance rates for small business impacted their success. Representative Allen stated that discussion continued on how to equate the proposed tax relief for the businessperson that the homeowner would experience. He equated the difference between how $70 million related to $1,160,000,000, which resulted in 6.5 percent. Representative Allen stated City of cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 3 of 16 that he did not envision this as a cause to eliminate the services as was locally published to residents. He emphasized the need for tax relief. First, in Tallahassee there was a strong move toward turning back some tax costs. And secondly, he stated how input was needed at the municipal level with solid numbers. Representative Allen commented on how communication was needed among legislatures. Representative Allen related on how the vote was either for the Insurance industry or the consumer and he referred to a lost vote of 53 out of 57. He stated that communities were situated near the ocean; however, the expense of insurances appeared punitive in living near the ocean. Representative Allen ended his presentation on a positive note by saying that the dean ocean Act was passed in the House by a vote of 109 out of 120 votes. Representative Alien pointed out how Council Member Buzz Petsos initiated this effort and other municipalities around the State followed Cape Canaveral's model of a Resolution promoting this Bill. Mayor Randels noted that pulling the Bill and moving it to the Senate was in actuality a good move in order for the Bill to get heard. Representative Allen stated that the Legislature was not only addressing the gambling industry; but all vessels that met the quantity and frequency of dumping to treat their sewage for $5.66 per thousand gallons. He would continue to follow this Bill as the Clean ocean Act of 2008. Ms. Roberts posed a question on alternative resources or revenue streams, for example, the School rn i l lage rate, Internet sales tax, or possibly a lottery. Ms. Roberts noted that it did not appear that the Legislature was considering any other alternative revenue sources and she asked if there were any other alternatives to consider from other areas. Representative Allen explained how there was consideration to shift the school line item to sales tax. He explained how this formula was discussed however there were enough provisions for the schools. The state did not need to make adjustments in that area as was considered with the property taxes. Representative Allen stated that if the new formula goes through for property on the homestead side, all taxes would decrease. He affirmed to the City Attorney that schools would not be exempted. Representative Allen continued with his response saying that there was no quantifiable way to identify Internet sales taxes as a secure budget stream. Representative Allen responded to Ms. Roberts in conclusion that lottery ebbs and flows as a budget stream. He also reported on how theft occurred in the Lottery fund between 1987 and 1995. Representative Ken Pruitt instituted the Truth in Lottery Act, which resulted in increased School funding. Mr. Nicholas asked why there was a Sales Tax Holiday if the money from Sales Tax decreased. Representative Allen explained how there was more retail activity due to the Sales Tax holiday. Mr. Nicholas stated how the retail industry had no incentive to decrease prices due to the 6 percent decrease that occurred with a Sales Tax Holiday. Mr. Nicholas questioned shifting the property tax to sales tax and he stated that his property tax was deductible on income tax however sales tax was not. Mr. Nicholas also pointed out the difference in the impact of Sales Tax to the average consumer for City of Cape Canaveral Florida City Council Regular Meeting May 15, 2007 Page 4 of 16 services. Representative Allen informed that Sales Tax was also deductible since Florida did not have a State tax; however, thousands of dollars in retail activity was required to impact sales Tax. Mr. Petsos commended Representative Allen as a pro - consumer legislator. Mr. Petsos questioned the status of the salinization plant. Representative Allen stated that the project was moving forward. He reviewed some potential sites between sessions. Representative Allen informed that ,next year was his final in the House on the Environmental Committee. He was working with the Governor backing that as part of the watershed supply and Senator Mel Martinez had obtained authorization on the Bill that authorized the Department of Energy to co- sponsor that plant. Mayor Pro Tem Hoog commended Representative Allen on his Legislative work. Mayor Pro Tern Hoog stated that he would not desire to see a rollback to 2001. He also stated that he would like to see the school taxes go to the state, which would provide relief to the citizen. Mayor Randels stated that `inequity" appeared to be the word that divided the communities over amount paid on residential taxes and "predictability" was another word for the person who needed to know what they were required to pay. Mayor Randels stated however that he did not see the difference in shifting the property taxes to sales taxes. Mr. Norm Moody reporter for Florida Today, posed the question how some of the leaders do not understand what is occurring in Tallahassee, therefore how could the Legislators explain the intent to the residents? Representative Allen stated that in Tallahassee the one thing that brought more fear than contributions was the power of the people. He ensured that some action would be taken on taxes related to their method and amount. However, input was needed on the budget side. Representative Allen referred to the local article that the Brevard County Commission published that frightened many people: however, the intent was for people to keep their homes, not lase services, such as books for the blind. He concluded that the public loses when State and local government do not communicate effectively. Ms. Ruth Anders questioned the State gasoline taxes. Representative Allen explained how the State gasoline taxes were placed in the Transportation Trust Fund for road building and maintenance. He explained how the Trust Funds were now protected. Representative Allen explained how Governor Jeb Bush used the Trust Funds in a collapse and sweep strategy that would collapse the Trust Funds and sweep them into the General Fund under his control. He stated that Governor Charlie Crist did not fallow that principle and he planned to veto certain Trust Fund raiding. Representative Allen explained how capping funds that reached certain levels followed the collapse and sweep strategy. He related on the result of discussion that ended in not privatized toll roads once considering the possibility of roads assumed by hostile foreign nationals. Representative Allen replied to Mr. Nicholas that he voted no on the Bill in the House related to a Statewide casino gambling referendum. He stated that Broward County City of cape Canaveral, Florida City council Regular Meeting May 15, 2007 Page 5of 16 was the only County that desired casino gambling; however, Dade and Palm Beach Counties noted no. This would open the referendum statewide. The Bill allowed for the ATM machine in the casino with the machines. Representative Allen concluded that the Native American community in the State was poised to establish full scale casino gambling similar to that in Las Vegas. Ms. Annie Tannenbaum asked if part of the funding from the gasoline tax was used to clean up the tank farms. Representative Allen affirmed that it was and he stated that the gasoline tax was established for roads and cleaning up gasoline related problems. He informed that the fund was able to be tracked and well managed. Representative Allen concluded his presentation and left his contact information with Ms. Tannenbaum. CONSENT AGENDA I . city Council Regular Meeting Minutes of May 1, 2107 Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. Mr. Petsos referred to a sentence on page 11 that read, "Mayor Randels stated that those operating in the R -1, R-2, and R -3 would be grandfathered in and resort dwellings would be a principle use in the C -1 zoning." Mayor Randels responded that this item was subject however to the Planning and Zoning Board for further recommendations. Mr. Petsos noted that further discussion later in the minutes stated that the actual desire was toward amortization. Mayor Randels requested to strike the statement related to grandfathering in the Resort Dwelling property on page 11. Ms. Roberts referred to page 14 and expressed her concern on the number of Items that the city Attorney summarized to present to the Planning and zoning Board for discussion related to the Resort Dwellings item. She said that the Minutes reflected three items; however, she thought there were five items. Attorney Garganese replied that he thought there were three items; however, he did not have his letter in front of him. Mayor Randels suggested Tabling the Approval of the city Council Minutes of May 1 St until the next scheduled meeting in order to clarify these questions on those minutes. A motion was made by Mayor Randels and seconded by Mr. Nicholas to Table the City council Regular Meeting Minutes of May 1, 2007. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hogg, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 2. Motion to Approve* Quarterly Budget Report and Transfers for the Second Quarter Ending March 31, 20070 Mayor Randels stated that the City completed half of the Budget year. Ms. Bowers reported that Property Appraisals were 5 percent down. She stated that all of the Building City of Gape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 6 of 16 Revenues were on target. However, state Revenues were down slightly, she would continue to monitor them. Ms. Bowers reported that Fines and Forfeitures increased_ She informed that she removed the Fire Trust Funds; however, they would remain for upcoming Fire Safety needs. Ms. Bowers stated that the City incurred higher property insurance in the General Insurance mount. she informed of two new accounts in Recreation for revenue and expenditures due to the increased activities. Nis. Bowers concluded that overall the City was performing well financially. Mayor Randels made note of how the City's insurance increased from $1,925 to $4,450. Ms. Sowers informed that the Library's property insurance was not affected as much as the others. Mayor Randels also made note of the $37,000 needed for the Florida Department of Environmental Protection permit for the Wastewater Treatment Plant that occurs every five years. Ms. Bowers replied to Mr. Petsos that Mr. Bandish had a different management style from the preceding Director. Mr. Bandish concluded that some of the items were budgeted too low in the previous year and he stated that they could wait another year to address those items. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Quarterly Budget Report and Transfers for the second Quarter Ending March 31, 2007. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoag, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 3. Motion to Approve: Request to Waive Building Permit Fees for 337 coral Drive. Mayor Randels stated that he submitted this item for discussion of a home that was left in a Trust Fund for charities. He referred to an article in Florida Today that informed of how contractors were cleaning up the property. Mayor Randels brought this item to the Council to consider waiving the permit fees, which could result in an amount from zero to $225.00. The sale of the property was intended for several local charities. Mayor Pro Tem Hoog stated that he had no problem with waiving the fees as long as the property proceeds go to charity. Mayor Randels affirmed that the real estate company would not receive a commission from the property sale. Mr. Nicholas asked if the City was waiving the permit fees only, noting that inspections would still be performed. Todd Morley, Building Official, pointed out that he met with the General Contractor for this job and the regulated trade work would not exceed the windows, doors, and roof. Mr. Morley requested that the Council limit the fee permit waiver to one permit to cover those items. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Request to Waive Building Permit Fees for 337 Coral Drive. 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. City of cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 7 of 16 4. Motion to Approve: Proposal for a Beach cleaning Pilot Study from Olsen Associates,, Inc. Mr. Boucher distributed updated information to the Council related to decreased pricing and the two locations in the community. He pointed out that the equipment would have a difficult time if used in the City's north area. Mir. Boucher reported on the results of his and Chuck Bi I ias', City Manager of Cocoa Beach, visit to Tallahassee. The two City Manager's compiled data to indicate how the machine would not disturb in turtle nesting season, however, there was no data for an outright program at this time, but for a pilot program only. The cost for Olsen Associates services was $36,500 and to be divided between Cocoa Beach and Cape Canaveral. Mr. Boucher reported that Mr. Bilias had positive feedback from mechanical beach cleaning vendors. Ms. Roberts asked where the machine would be stored. Mr. Boucher replied in Cocoa Beach. Ms. Roberts explained that the details of hours of operation were not defined at this time. He stated if they were able to perform the pilot program successfully, then they would be able to obtain a mechanical beach - cleaning machine in a subsequent year. Ms. Roberts expressed that some of the north section residents concerns were hours of operation, the cleaning machine's noise level, and disturbance of the natural environment. Mls. Roberts made note that she was expressing their concerns for the purposes of subsequent discussion. Mr. Boucher informed that from Brevard County to the South there were three or more endangered turtle nesting spots and a mechanical beach cleaning was prohibited. Mr. Boucher concluded that efforts had to ensure that the turtle nests would not be disturbed. Mayor Randels clarified that the pilot program would occur from June through August. Mayor Pro Tern Hoog asked who was liable if a violation was found. Mir. Boucher replied that any violations would be included in the data report. He also explained how all safeguards and training would be in place prior to any operation. He stated that Olsen Associates were chosen due to their familiarity with the city's beach and the group would work diligently toward precautionary measures. Mfr. Boucher informed that they had to affirm for the Florida Department of Environmental Protection that they could perform the cleaning and perform it safely. Ms. Roberts asked if this were something that the Council desired to consider because of the turtles and her previous concerns. Mr. Boucher replied to Ms. Roberts that previous feedback from the council led to seeking a beach -- cleaning machine to use year round. Mayor Pro Tem Hoog affirmed that the council did tell the City Manager to proceed and the machine does a good job. Ms. Roberts stated that she did not recall the council Meeting giving the decision to proceed and she was anticipating more data before proceeding. She stated that when the community became aware of it, they did express their concerns. Ms. Roberts expressed the hope of gaining data that informs on the noise and the natural vegetation. She asked to add these concerns to the requirements. Ms. Roberts stated that the machine she witnessed was noisy. Mr. Boucher stated that feedback would be solicited from everyone, City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page Sof16 residents and those using the beach, during the pilot program. Ms. Roberts recommended a broader scope. Mayor Randels made note that Nor. Don George, Company Owner was the permit holder for most of the shoreline and it appeared that he took responsibility for the equipment during the project. Mr. Petsos expressed his concern with the costs such as $36,500 just for the study and then the subsequent equipment and labor in light of Legislative action timing. secondly, Mr. Petsos pointed out that the costs be divided arnong. the City, Cocoa Beach, the Port, the County and the Tourist Development Council. He also requested that they share in the initial $36,500 cost. Mr. Boucher concluded that the Council could wait until he obtained more feedback and he clarified that the Council desired to gain additional sponsorship from others. Mayor Randels clarified for the record that Item Flo. 4 would be discussed further with input from the City Manager at a subsequent meeting. No Action was Taken on This Item. 5. Motion to Approve: Cooperative Purchase of Financial Software License and Service, and Maintenance Agreements. Ms. Bowers explained how the Finance Department's software was outdated. She used several examples related to convey the inefficiency of the existing software, which was also not Government Accounting Standards Board 34 compliant. she Informed how she reviewed software for some time and stated that the software was presented to her through the Florida League of Cities and was also recommended by their Technology department. Nis. Bowers Informed that the Software used an SQL, Relational Database that was user friendly. Ms. Bowers also informed that with a three person staff, the software would be an added benefit to their processes. She added a Human Resources module and a Time and Recordkeeping module for an electronic Payroll process. Ms. Bowers also added a Point of sale & Purchase module that would streamline cash reporting as well as assist should the Building Department location vary from proximity to Administration. Ms. Bowers explained how she created spreadsheets to assist with current Accounts Payable and Bank Reconciliations processes. Ms. Bowers also informed that each department would perform their purchasing online for a streamlined approval process. Mr. Petsos asked if there were any other Communities of Cape Canaveral's size that used the product. Ms. Bowers replied that the company was based out of Oregon. She informed that Deland has the product and Zellwood was seeking a purchase and Callaway has it; however, the product was just making its way into the southeast. Ms. Bowers explained that most Government Accounting software was expensive including the IMS software if it were purchased at today's rates. Mr. Petsos questioned the $10 000 maintenance fee. Ms. Bowers replied that the $10,000 would occur afterwards, not in the first year, as an Annual Maintenance Plan that maintain the software updates and provide user support. The current Annual Maintenance Plan with I MS was approximately $5,500. Mr. Petsos asked if some of the modules could be phased in. Nis. Sowers replied that she City of cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 9 of 16 would not advise phasing in the project. She explained how she worked with integrated system now. Ms. Bowers explained that there were extra charges related to the previous Audit due to necessary changes as a result of the current software. Ms. Bowers stated that due to the travel time and training related to the project, the City would benefit from a one -time purchase. Mayor Pro Tem Hoog expressed his concern with the costs and hoped that there would not be changes within the next ten years. However, Mayor Pro Tern Hoog stated that in the essence of saving time for the Finance Department as well as benefiting the city overall he was in favor. Ms. Bowers replied to Mr. Petsos that the travel time was projected. She explained how she intended to send her data to the company. Mr. Nicholas asked if there was any local representation. Ms. Bowers replied to Mr. Nicholas that the firm opened an office in Raleigh, North Carolina and the company projected $6,000 in travel costs. She replied to Mr. Nicholas that $10,000 provided the city with support and updates. Ms. Bowers informed that the company promised a two -hour call back time. Ms. Bowers stated that she had specific questions to use with all vendors and Springbrook offered the 'best by way of support. She replied to Mr. Nicholas that the City's Network Platform was already in place for the software. Nis. Bowers stated that her only hardware purchase was the electronic timekeeping equipment in each department. Ms. Roberts had questioned the Support Time hours, which were in central Time; however, the hours did conflict with the times the city was in operation. Ms. Roberts asked for the record why a Request for Proposal was not chosen. Ms. Bowers replied that time was of the essence and as she reviewed the different software packages she found them incomparable. Some of their accounting processes led to a result but by way of a labor - intensive process. Ms. Bowers explained how the reports were related to Excel and therefore easy to operate. She informed that city staff was given a demonstration of the product with favorable remarks. Ms. Bowers replied to Mr. Petsos that Mr. Keith Shook of N'Sync Data Systems gave the software a favorable recommendation. Ms. Bowers noted she gave the contract to the City Attorney for review of legal form. Attorney Garganese stated that he did review the contract with some changes pending Council's approval. Ms. Roberts clarified that this would be operational with a goal of October 1 . Ms. Bowers affirmed. Ms. Roberts said that the city could do this as an exercise to ensure that it has developed a scope broad for management analysis. Ms. Bowers replied that each Module comes with a report validation system. Mr. Petsos asked about the comparison on the rate of return. Ms. Bowers stated that the IMS software was in place prior to her tenure, which was ten years ago. She stated this software was an investment; however, the purchase would prove beneficial. Ms. Bowers replied that there was a list of the modules on Page 49, Attachment A of the Agreement. Mr. Petsos asked if the company was bonded. Ms. Bowers replied that the company was bonded and there was a structured security hierarchy level of access. Mr. Petsos commented that the only modules that could be put off were not cost effective enough for City of cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 10 of 16 delay. Ms. Bowers replied to Mr. Petsos that the funds were budgeted; however, not enough, therefore some of the funding would Borne from the Contingency Fund. Mayor Randels concluded that the City currently used written timekeeping procedures and he also made note that one of the modules related to Human Resources recordkeeaping. He stated that the Software would provide a great benefit. Attorney Garganese stated that the purchase was subject to finalizing the contract documents. He stated that liability exposure and the jurisdiction disputes that were permitted in Oregon needed to be addressed. Mr. Morley stated that some people did not work on site and he questioned how they would have access to the timekeeping device. Ms. Bowers replied that each location would have a device to swipe their badges. Ms. Roberts also related that some employees had hours based on their exempt status. Ms. Bowers informed that Department Heads would have the ability to make adjustments. A motion was made by Mayor Randels and seconded by Ms. Roberts to Approve the Cooperative Purchase of Financial software License and service and Maintenance Agreements subject to the City Attorney's Revisions to the Contract. The vote on the motion carried 5 -0 with voting as fellows: Mayor Pro Tern Hoop, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. G. Motion to Approve: Award of Bid No. 07 -01; Construction of the Wastewater Lift Station No. 11, Force Main Replacement to the Low Bidder Expertech Network Installation, Inc. in the Amount of $644,'168.95. Mr. Bandish explained that this Force Main extended from Washington Avenue to the Wastewater Plant. He informed the project was inclusive up to Thurm Blvd. and the pipe was 4,050 feet made of asbestos concrete but was 40 years old. Mr. Bandish explained that this project would occur prior to the paving on Washington Avenue. Mr. Bandish replied to Nis. Roberts that the project would boor under state Road A 1 A; however, not a directional boor. Mr. Bandish replied to Mayor Pro Tem Hoog that the project would bury the baffle box prior to paving. Mayor Randels noted that the City went out for bid on the project in the previous year; however, only one bid was submitted and it was over budget. He stated that this project received five bids and the lowest pricing carne in at $644,168.95. Ms. Roberts asked about Expertech's experience in other places. Mr. Steve Davies stated that he had extensive experience in other places as well as unlimited bonding. Expertech was a $14 billion fully licensed company. Mayor Randels asked if he planned to sub - contract any of the work. Mr. Davies replied that most of the work would be performed in- house; however, the cutover called for an outside contractor. Mr. Davies replied that the project was timed at 240 days and no more than 400 feet was allowed open at one time. Mr. Bandish stated that after a Notice to Proceed, a Pre - Construction Meeting would occur to establish the timeline. City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page I I of 16 Mr. Davies stated that a jack and boor would occur under State Road Al A with little traffic obstruction and he affirmed for Ms. Roberts that the work would occur during the daytime. Mayor Pro Tem Hoog questioned for clarification that jack and boor would occur at Church Street; however, open trench would occur on the remainder of the project. Mr. Davies explained that the company would have more success with directional boor; however, jack and boor was planned. He would present this concept to the Department of Transportation. A representative from Brown and Caldwell informed that the Florida Department of Transportation required more stringent care on state Road Al A in order not to disturb the base of the road. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Award of Bid No. 07 -01; Construction of the Wastewater Lift Station No. 1, Force Main Replacement to the Low Bidder Expertech Network Installation, Inc, in the Amount of $844,'158.95. 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. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2007 -14; Approving the Final Replat of "Beach Breeze." Mayor Randels stated for the record that the item was the Final Replat for Beach Breeze and he made note to strike Townhomes as was written on the Agenda. The Resolution would also state that Ms. Shoemaker's first name was spelled Stacy. Ms. Shoemaker reiterated that there would not be nine units on the property. A motion was made by and seconded by to Adopt Resolution No. 2007 -14; Approving the Final Replat of Beach Breeze. The vote on the motion carded 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: Resolution No. 2007 -15; Approving the Final Replat of "Laws Townhomes." Mayor Pro Tem Hoog disclosed that he would file a Conflict of interest Form with the City Clerk due to his financial interest in the project as the Electrical Contractor. Mayor Randels made note of an foot public utility easement as the City usually requires feet. The project site was 109 -111 Lincoln Avenue. A motion was made by lolls. Roberts and seconded by Mr. Petsos to Adopt Resolution No. 2007 -15; Approving the Final Replat of Law Townhomes. The vote on the motion carried 4 -0 with voting as follows: Mayor Pro Tern Hoog, Abstain; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City council Regular Meeting May 15, 2007 Page 12 of 16 DISCUSSION: 3. Financing of Future Facilities. Mayor Pro Tem Hoog expressed that the electorate could decide which manner they would chose for facilities financing. Mr. Petsos concurred. Mr. Nicholas stated that the City did not have funding; however, something had to be done. He asked if the Council was looking at pledging any of its current income sources or would the council proceed to an Ad Valorem tax to cover the costs. Mr. Boucher replied that he provided research on the past Police and Fire Referendums; however, they related to adding personnel or equipment. Mr. Boucher stated how his memo outlined the results of different millage rates based on different scenarios. He replied that he could not answer Mr. Nicholas' question until he had data the Legislature's actions related to the property tax reform. Mr. Nicholas questioned if the council intended to break the questions related to the facilities into three separate referendums. Mayor Pro Tem Hoog responded that the City should have three individual referendums and he was not in favor of an amount inclusive of all three issues. Mr. Petsos expressed his agreement with Mayor Pro Tem Hoog. Ms. Roberts asked for the timeline on this issue since the council was unsure of the Legislatures intent. Mr. Boucher responded that discussion was needed in order to obtain language for a referendum ballot question in August. Ms. Bowers responded to Ms. Roberts that she supported the referendum. Mr. Nicholas stated that there was not enough funding from sources other than property taxes to fund the facilities. Mayor Randels summarized that the council agreed: 1 ] to take the question to the voters in the form of a Referendum, and 2) the Council's agreement was for three separate referendum questions. Mr. Nicholas pointed out the need to promote the three individual questions. Mayor Pro Tem Hoog stated that supporting presentations on each facility was essential. Ms. Roberts expressed her disfavor with deciding at this point to address either the individual or all three. Mr. Nicholas stated that his disfavor with positioning one facility against another. He concluded that the need for the facilities was the bottom line. Mayor Randels stated that the consideration would go to a referendum; however, it was not decided if it would become one referendum or three individual referendums. Mayor Randels acknowledged the 10 00 P.M. hour and stated that a consensus was needed to proceed with the meeting past that tune. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to continue the meeting until 10:30 P.M. The Council agreed by unanimous consent to proceed to 10 :30 P.M. Mr. Boucher explained that even with a successful referendum, nothing could be done until 2008. Mr. Nicholas inquired about the consensus on the bond interest rates. Mr. Boucher replied that with the League's program the City was looking at 4 to 4.5 percent, which was a savings since they provided the closing costs. Mr. Boucher asked if the City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 13 of 16 Council desired for him to get a quote for a design permit, and site plan for all three or each separately. Council affirmed for the City Manager to proceed with obtaining a separate cost on each facility. 10. Relocate Existing overhead Utilities within the Ridgewood Avenue and North Atlantic Avenue Project Areas underground. Mayor Pro Tem Hoog stated that a majority of the people that he spoke to rebated to the Ridgewood Avenue project did not desire the project unless the utilities were placed underground. Mayor Pro Tem Hoog stated that if the City could obtain an approved referendum to do this, perhaps Florida Power and Light would move from their 25 percent mark if the surrounding communities planned to perform similar projects. Mr. Petsos replied that the Public Service Commission [PSC] established the 25 percent rate. Mayor Pro Tem Hoog brought out that communities statewide were seeking underground utilities. He stated that this could be done after construction and the referendum question could occur in a subsequent year. Ms. Roberts also stated that this was one of the items in the Redevelopment Plan. Mr. Boucher said that he could obtain a copy of the recently approved tariff from the PSC. He could also place that document on a future City Council Meeting as a Discussion Item. Mr. Nicholas stated that he would like to see underground utilities occur on North Atlantic Avenue as well as Ridgewood Avenue. Mayor Pro Tem Hoag explained how a project on Ridgewood Avenue would be easily performed. Mr. Petsos asked if they or the City be required to pay if the remaining franchises followed suit. Mr. Boucher replied that he would review the franchise agreement language and the PSC tariff language. 11. Preserving the City's History. Mr. Nicholas explained that this was inspired after a Florida League of Cities dinner in the City of Cocoa at which they distributed books related to the City of Cocoa's history. Mr. Nicholas related from his conversation with Mr. Ray Osborne when he realized that many of the City's historical persons were diminishing. Mr. Nicholas stated that Mrs. Ann Yhurm had provided a foundational basis of the City's history. Ms. Roberts asked if perhaps a call for candidates was possible since taking an oral history required a certain expertise. Her intent was to open up the project to a broader community of candidates and approaches. Mr. Nicholas stated that the Council would need to come into agreement for such a project. Mayor Randels expressed that the idea had merit. Mr. Boucher questioned if the Council desired a pro Bono historian or a paid historian. Ms. Ruth Anders informed that in her hometown some retired and current professors performed the work and were allowed to retain the proceeds from the sale of the book. Mils. Roberts mentioned that staff could seek how other cities attempted this project. She mentioned that the University of Central Florida [UCF) was working a space history project. Mr. Nicholas stated that Dr. Drake of UFC might be able to generate interest. City of cape Canaveral, Florida City council Regular Meeting May 15 2007 Page 14 of 16 12. Naming the Recreation complex after 'Nancy Hanson, Recreation Director. Mayor Pro Tern Hoog expressed his favor in naming the complex after Ms. Hanson and also expressed that perhaps a memorial, or a bust, and a memorial garden could be added. Mr. Nicholas referred to the exemplary article in Florida Today by Mr. Karasotis and he also requested a dignified memorial. Mr. Petsos requested to have the Recreation Board discuss ideas for a memorial. Mr. Nicholas asked if Mr. Karasotis' article could be reproduced for permanent placement at the Recreation Center. Mr. Norman Moody of Florida Today recommended that someone contact the newspaper for reprint permission. Mr. Petsos pointed out that Mr. Karasotis might also sign the article and add a letter in its regard. Mr. Nicholas concluded to have the Recreation Board come up with a dedication date. REPORTS! ' . city Manager Mr. Boucher informed that the Resort Dwellings issue might escalate due to the recent state inspections at Cape Winds and Royal Mansions. The inspection results were unknown at this time. Mr. Boucher stated that due to the absence of resident occupancy at both those buildings, a substantial amount of money was required to upgrade to fire safety standards. Mr. Morley stated that he could not deny the permit; however, he could deny the Certificate of occupancy as a Residential Transient use. Mr. Boucher concluded that staff would keep the Planning and Zoning Board informed. • Mr. Boucher reported that staff was developing a minimal budget due to the property tax reform. Mr. Boucher related that the city Manager's met and their discussion brought out the practical use of Law Enforcement. Mayor Pro Tern Hoog expressed how he would not want to loose the school Resource officer. 2. staff City Treasurer • No report. Acting Recreation Director • No report. Building official • No report. City clerk ■ No report. City of cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 15 of 16 City Attorney • Attorney Garganese observed that in the two previous years the state of Florida had increased ad valorem property taxes indirectly by imposing a local match on School districts. • Attorney Garganese stated that the city and county issues were not fully covered in the media. • Attorney Garganese informed that the Florida League of Cities the City's insurance carrier reached a settlement agreement in the Haas litigation for $20,000 and a full release. He stated the League had the right to settle the matter and if there were no objections from the council, the League would proceed. AUDIENCE To BE HEARD: • Ms. Ruth Anders presented the council a final copy of the speech that she intended to give the Board of Adjustment. She stated that in the previous week the Board of Adjustment meeting was postponed. Ms. Anders attempted to make a statement and a question to the Board; however, the Chair adjourned the meeting. Ms. Anders stated that citizens were unaware that Coastal Fuels had filed a second application in late August for two additional tanks. Ms. Anders also stated that their Attorney wrote to the city's Attorney asking that it be held in abeyance for Bo days, which would have expired in November. Ms. Anders stated that her group had no other Administrative manner except to approach the Board to ask if Coastal Fuels had standing to sue. Ms. Anders questioned if coastal Fuels had a right to their Appeal. She stated that she believed they did not tape advantage of their Administrative remedies, they also exhausted their Administrative remedies, and residents were denied their constitutional right since the Appeal was held in Abeyance. Coastal Fuels also did not act in good faith and for these reasons Coastal Fuels did not have a grandfathered -in right. Ms. Anders stated that her committee was seeming an Administrative forum to express this argument. She requested to address the council at its next scheduled meeting. Mr. Nicholas stated that if the Appeal was made to a decision of the Board of Adjustment, then she had the right to be heard. Ms. Anders replied the special Exception had been repealed; however, Mr. Morley was responding to coastal Fuels as if the Special Exception was still in existence and it had been repealed. Ms. Anders provided the Council her argument in final form. • Mr. Gerald Schmidt of 22 Harbor Drive expressed his frustration with his neighbor. He explained how his next -door neighbor opened a commercial laundry in her garage some time last November. Mr. Schmidt explained how his neighbor was bringing home articles of clothing from her hospice care job and this was a health concern. His neighbor soaked the clothing in heavy detergent and the fumes were noxious. Mayor Randels affirmed that he too visited the premises; however, he stated that the City did not have a method to measure the odor. Mr. Nicholas stated that the odor was one aspect; however, he questioned for clarification if this was a commercial enterprise being carried on in a resident. Mr. Schmidt stated that she was bringing the laundry in from a medical facility and there must be some City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2007 Page 16 of 16 health concern. He also stated that she should be shut down based on carrying on a commercial industry in a residence. Mr. Nicholas stated that there were standards for medical laundry such as degree of water temperature and sanitization. Mr. Schmidt stated that his neighbor had another room where the laundering occurred. Mr. Morley replied that both he and Ms. Alexander went to the location and inspected the garage and smelled the premises. However, they did not ask if there were another washer and dryer in another room. Unless there was evidence of a violation, they could not cite the owner. Mr. Morley affirmed to the Council that he would request another site visit. Mr. Boucher reported that there was no additional volume on the water bill. Mr. Morley concluded that he would perform another site visit and would also look for an additional washer and dryer. Mr. Boucher replied to Mayor Pro Tern Hoog that the water volume was 5-to 6,000 gallons. Attorney Garganese stated that from a Code Enforcement perspective they were afforded limited to access to a homestead property without reasonable evidence. If this type of activity was occurring, then the evidence needed time to develop. Attorney Garganese also stated that the Building Official visited the site to address the problem. Mr. Schmidt replied that there was no plan or methodology to come to a conclusion to the problem. Ms. Roberts summarized that the evidence was shown through the water bills and observation. Mr. Schmidt stated that he recommended finding out their source of employment and inquire with them. Attorney Garganese questioned if there was a high volume of laundry. Mr. Schmidt replied that there were one or two bags or tote boxes of articles. Discussion concluded that the City could not investigate Mr. Schmidt's without a valid reason. 3. City Council • Council member reports were deferred until the next City Council meeting. ADJOURNMENT: Due the late hour, ttielCiair adjourned the meeting at 11:10 P.M. r ' (ocK. t'1 '. Rocky Randels, MAYOR "111111 ;,... .- -a ,,_ I'. Susan 7" I LERK ttt gg ti WHO MUST FILE FORM $B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 1 12.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11 2.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- vure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.355 or 163.357 F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Conti on other side) CE FORM 8B - EFF. 112000 PAGE I APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be react publicly at the next meeting after the form is filed. IF YOU [MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the farm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the farm is filed. DISCLOSURE OF LOCAL o FFIC E R S INTEREST 11 i L - 1, __ - -_ - hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; - inured to the special gain or loss of my business associate, -------------------------------------------------------- - inured to the special gain or loss of my relative, -------------------------- --- ------- ---------- _---- - -_ -_- _-- - -; -__ inured to the special gain or loss of ---------------------------------------------------------------------- _ - - -, by whom I am retained; or inured to the special gain or loss of -------------_____..-_____--___--_-_.--_------___-_ _.____.---- ___-------- _-- - - - -_, which is the parent organization or subsidiary of a principal which has retained me. A The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MADE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, ZEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2