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HomeMy WebLinkAboutMinutes 09-18-2007 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 1 8, 2007 7:00 PM MINUTES CALL TO ORDER The Chair Called the meetin g to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE; ROLL CALL: Council Me mbers 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 Assistant City Attorney Kate Latorre City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Acting Recreation Director Robert Lefever AUDIENCE To BE HEARD: Ms. Jean Cole, Ministry Assistant with the seafarer's Ministr sented a re �► p quest on behalf of Bill Richard, former Director, and Dan Bailey, Current Director of the Seafarer's Ministry. Ms. Cole requested that the City Council rant a Sp ecial Exemption becau g pe p se of their non -profit status for Recreational vehicle parking behind their ministry in a gated area to house volunteers. Ms. Cole related that lot costs were $5.5B per month which the ministry expended for four to five Couples and she informed that their volunteers stayed for up to 25 -weeks in the previous year. Ms. Cole stated that they would be lad to meet an y Y of the City' requirements including seeking solid waste disposal at .sett Park. p Y Mr. Nicholas asked to hear from the Building Official on the ramifications. Todd Morley, Building Official, responded that there was communication between himself and the City Manager and this was not a permitted use for the zoning istrict. Ms. Roberts brought ght up City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 2 of 10 if the City had any distinction by reason of their non - profit status to which Mr. Boucher replied there was none. Ms. Cole replied to Mr. Petsos that in the past year the Canaveral Port Authority refused to reduce their parking rate for the Recreational Vehicles. Ms. Cole stated that she was not aware, however, if the refusal came from Port staff or their Commission. Ms. Cole stated that the volunteers usually arrived during the winter months [January through April]; however, the volunteer request was year- round. Mr. Nicholas asked if re- zoning was an alternative. Mayor Randets responded to Mr. Nicholas that the Seafarer's facility had a Special Exception as a commercial use in a residential zone. Mr. Boucher stated that there was no special provision for anon- profit organization or for mobile home parks in a residential district. Discussion brought out that this would also permit any religious organization to allow for mobile homes on their parking lots to house temporary visitors. Mayor Randels concluded that the City would research the matter and provide a reply. Ms. Cole stated that she would confer with Mr. Bailey related to seeking the reduced parking fee with the Port and provide a response to the City Manager. REPORTS: City Council Members Shannon Roberts • Ms. Roberts related how a citizen had brought out the need for a mass communication mechanism to alert residents by cellular Phone. The recent boil water alert was used as an example. Mayor Randels made note to seek a mass notification system to the affected area in a time of emergency. Mr. Morley informed that CallEmAll. corn could provide this service; however, all residents would need to register. Mr. Boucher stated that he was unaware of the City of Cocoa's procedures; however, City of Cocoa sent the notice to Florida Today and forwarded it to the media. Mayor Randels asked if staff could seek Brevard county's 911 procedures. He also stated that only certain persons were affected. Mr. Petsos mentioned the notification process of the reverse 911 system. Ms. Roberts pointed out that cell phones were practicable for second homeowners. Mr. Boucher reminded that a submitted cell phone number would become a public record. The City Manager er g would seek information from Brevard County Emergency Management and the City of Cocoa regarding their procedures. Ms. Roberts also suggested that the City Manager inquire with Bright House Networks on notification to cell phones. • Ms. Roberts recommended that City management staff use the following three management tools: 1 } Performance Metrics, which would document the City department accomplishments at intervals based on the City's annual goals, 2} the use of Customer service standards, such as methods to document staff's service response time to citizen requests, and 3} the use of Processing Mapping, such as visual diagrams to depict City processes. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 3 of 10 • Ms. Roberts brought out the Citizen Awareness and Participation Plan such as the one on this evening's Agenda and she also sought a visioning session for resident participation in order to hear their ideas. Ms. Roberts stated that this would be in addition to the fall workshop on North Atlantic Avenue and the workshops p related to the Comprehensive Plan. Mayor Randels pointed out that the City might Y g not have the number of staff needed to gain the results of some of Ms. Roberts' concepts. Mr. Petsos shared the Mayor's concern related to the level of City f ty sta Leo Nicholas * Mr. Nicholas questioned the plans to honor Nancy Hanson. Mr. Lefever informed that September 24th was the first Recreation Board Meetin g with the new Board and they would continue to develop the planning concepts. • Mr. Nicholas asked if the car Wash near the Lamp Post was under condemnation. Mr. Morley replied that the building was under Code Enforcement. • Mr. Nicholas informed that the dumpster enclosure at the VFW la ost had not been repaired as Waste Management promised that it would durin g their contract extension. The City Manager would address this issue. Mr. Nicholas inquired about the updated City map. Mr. Boucher stated that he would provide the requested maps that included the names of new City streets. Buzz Petsos • Mr. Petsos brought out the need for bus shelters in the community. He related the City of Cocoa Beach appeared to have controlled the advertising. Ms. Roberts informed that this was an item on the Beautification Board Agenda. Mr. Boucher reminded that the Florida [department of Transportation would not allow for them in the right -of -way. The City Manager would pursue seeking a firm for the bus shelters. * Mr. Petsos inquired about the Building Department plans to move into the newly purchased City property. Mr. Morley stated that he would address the Council at their next meeting with preliminary quotes. Mr. Petsos announced that the Recreation department, the Cape View Elementary ry PTO and the Kiwanis Club would hold a community Fall Festival on Saturday, October I P at Manatee sanctuary Park at 11:00 A. MU Mayor Pro Tem Bob Hoog • Mayor Pro Tern Hoog reported from the Water Management Board Meeting and their discussion on reuse systems. He also reported that there was $110 million in grants. He informed that 9 of the 15 Brevard County cities were in attendance and the next session in January 2008 would address wells and their abandonment in order to put people on reuse systems. • Mayor Pro Tens Hoog reported on his discussion with Chief Sar g giant who requested that the City place its wood mulch product purchase in abeyance due to spontaneous combustion on a Texas playground. Chief sar eant requested g q City of Cape Canaveral. Florida City council Regular Meeting September 18. 2007 Page 4 of 10 to delay the wood mulch product purchase until he could further investigate the product since he did not concur with the product manufacturer's guarantee Mr. Robert Lefever, Acting Recreation Director, reported that he P erformed extensive research on the topic. He read the statistics from the Zei er com an 's g p Y testing which concluded that in order for the good fi bers to , i nite the would need g Y to reach a temperature of 284 degrees continuously for 24 -hours for 320 days. The company was, however, referring to kindling wood in the same size or shape. Mr. Lefever ever stated that the Recreation Department had no problem VAth delaying the Y g purchase. He also reminded that there were two other alternate roducts rubber p } mulch and "forever" turf; however, they were more costly. Mayor Pro Tem Hoo Y Y g reiterated that he concurred with the Fire chief as the resident expert and in the essence of safety, to wait for this decision. Mr. Lefever informed that the playground equipment installation ceased since it was based on the a of surface. ace . Mayor Rocky Randels • /Mayor Randels reported that the city received a 28 percent reduction on its Property/ Liability insurance and Workers compensation insurance. • Mayor Randels informed he had spoken to a 99- year -old former Cape Canaveral resident and former Moon Hut owner, Ms. Gladys Kendall, who now lives in Debary, Florida. Mr. Boucher replied to Mr. Nicholas that he p lanned to establish funding in the city budget to obtain someone to document oral histories from p ast residents. BOARD INTERVIEW: Michael E. Michel, Recreation Board [Alternate Member MaYor Randels informed that Mr. Michel withdrew his application tion for the Recreati �p t ors Bcard. CONSENT AGENDA: 1. city Council Regular Meeting Minutes of September 4 2007. #� a 2. An Application for a special outdoor Entertainment Permit for the Fall Festival, Saturday, October 13, 2007, 11 A.M. to 2 P.M. 3. An Application for the Halloween Strut Dance Tuesday, ctober 30 y, , 2007, 8:30 P.M. to 8 :00 P.M. Mayor Randels asked Mr. Lefever if he had ever considered movin g this event to the Youth center location. Discussion concluded that there was more arkin and the p g ability to block the street off at the current site. City of Cape Canaveral. Florida City Council Regular Meeting September 18. 2007 Page 5 of 10 4. Resolution No. 2007 -24; Appointing hris Hale as an � Alternate Member of the Recreation Board, Mayor Randels asked if any Council member, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts requested to remove Item No. 1. A motio was made by Mr. N icholas and seconded b M r. Pe y tsos to Approve Consent Agenda items No= 2 through 4. The vote on the motion n carved 5 o with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas For Mr, Petsos, For, Mayor Randels, For and Alts. Roberts, For. 1. City Council Regular Meeting inutes of � September 4, 2007 Ms. Roberts asked a process related question and if the City Man ager planned to provide the separate list of the Parking Board discussion items as stated at the previous Council meeting. Nis. Roberts informed that she counted nine items from the to September 4 meeting as the Council's discussion initiatives. Mr. Boucher affirmed that he had compiled a list for distribution to the Council. A motion was made by Mr. Nicholas and seconded b Ms. Rob its to Approve Consent Agenda Item No. I. The vote on the motion carried 5-0 with voti as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas For; Mr. Petsos For; ,For, Mayor Randels, For and Ms. Roberts, For. RESOLUTIONS: 5. Resolution No, 2007 -25; Establishing New Schedule of g Sewer Rates. Mayor Randels read Resolution No. 2007 --25 b y title. A RESOLUTION OF THE CITY of CAPE CANAVERAL FLORIDA, ESTABLISHING A NEW SCHEDULE OF RATES UNDER APPENDIX B, CHAPTER 78, UTILITIES ARTICLE III SERVICE RATES, DEPOSITS AND BILLINGS PROCEDURES, SUBSECTION B l MONTHLY SEWER RATES OF � � THE CITY OF CAPE CAI�tAVERAI~. CODE OF ORDINANCES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that the City sought a Rate Study in August of 2005. In July 2006, Brown and Caldwell were awarded the contract. Council received their first report in December of 2006 and a revised report in March 2007. Mr. Boucher explained that the City had extensive meetings with the Rafe Consultant and on average as of January 2008, consumers would expect a 7 percent increase and every January thereafter a 6 percent increase using the five -year rate model. He informed that notice was given on the City of Cocoa utility bill informing them of tonight's meeting. City of cape Canaveral. Florida City council Regular Meeting September 18. 2007 Page 6 of 10 Mr. Boucher informed that he and the City Treasurer, Andrea Bowers meet w ith Itllr. Roger Dobson and Mr. Tom Hermansen who were seeking n additional decrease in t e commercial rates and the cap removed totally from the sing rates and incre g Y se the multi family rates as well. Mr. Boucher related that he explained to Mr. Dobson nand Mr. Hermansen that the commercial rate multiplier decreased from X4.35 rcent to pe 3 percent and 81 percent of the commercial customers would experience a decrease. Mr. Boucher stated that the hotel industry was the largest user in the tens of thousands usands for consumption. Mr. Nicholas stated that the City of Cocoa charged different) on the use of � Y a one-or-two inch line. Mr. Boucher agreed and informed that the residential ca p would transition out; however, if the cap were removed immediate) 30 percent of residential i p tai consumer's would experience a 22 percent increase and that was not Counci intent. Mr. Boucher concluded that the hotel desired more of a reduction in the sewer rates. Mayor Randels explained how the Wastewater Treatment Plant fund was an Enterprise p se Fund which pays for its operation based on usage. Mayor Randels ex plained � lained further that the Counci consensus was to incrementally increase the rates keeping in mind the p g t the rates had not been increased for the past four years. Mayor Randels included that the January implementation would also assist the Condominium Associations in their annual planning. Mr. Tom H ermansen, stated that the commercial users were a in 30fl percent rn p Y g pe ore for their usage, whether one or a thousand gallons, which he stated was inequitable. He stated to charge a premium for commercial usage and not 300 percent. He exp lained that the decrease from 4.35 percent to 3.0 percent was irrelevant when the dollar amou charge increased from $2.17 to $3.05 which was a net effect of still increasing he over all I# usage. Mr. Hermansen stated that the commercial users would continue to maintain the same unfair burden through the projected period. Mr. Hermansen referred to his letter in which he pointed out that in the year 2010/2011 Y commercial customers, based on consumption, revenue contributions would sti ll be 166 percent compared to their consumption. He concluded that the rate Ian was transferring g some of burden from the single-family residences to the multi-family units. He stated that he did not see where commercial rates would decrease. Mayor Randels stated that the he Council had discussed the percentage of usage to the ercenta of revenue at each p ge h level. ))Mayor Randels stated that commercial used 1 4 rcent of the iotal water ho � waver, they pay 27 percent of the total revenue and the goal was to level out these rcenta pe gas . Ms. Bowers stated that this has changed the rate structure to move in that direction. She stated that the rate p lan would move to a consumption mode for commercial and move the residential users to a flat rate. Ms. Bowers stated that the cap would eventually be removed from single-family residences in light of the availability of reuse water. Mr. Boucher stated that 86 percent of the users were 10 000 G allons or less; however the hotel industry was significantly higher and made u the 1 percent difference. Ms. P pe Bowers informed of the marked difference between the two hotels. Mr. Hermansen informed that City of Cape Canaveral. Florida City Council Regular Meeting September 1$, 2007 Page 7of10 that was based on occupancy differences and leaks in fixtures. Ms. Bowers informed that the Country Inns and Suites came to just over what a multi -family unit aid Y p r month. Ms. Donna Remberg, of 138 ocean Garden Lane, expressed her concern wi nth remaving the cap. She stated that her water was not enteri he C s sewage � ty' g s ystem and she would be charged for all water as if it were entering the sewers stern. Ms. Rem berg berg clarified that she had no issue with raising the rates; however she was voi her concern with removing the cap. Mr. Petsos brought out how Homeowner's Associations would need to consider re-use water installation. Ms. Dawn Heath, Cape Laundry owner, informed that she aid $1,077 for s p ewer fees for $247.57 worth of water. Ms. Heath also informed that both the City of ty Cocoa and the City of Cape Canaveral can charge late fees. Mayor Randels explained that each charge r age addressed the separate utilities of water and sewer. Ms. Heath stated that there was no consistency with the City's late fees; however, the City of Cocoa charged a flat rate. Ms. Heath informed that there was a 451 percent markup rom her water p usage. Ms. Bowers corrected that the rate was actually 435 rcent. Mr. Hermansen � pointed out that the C ity of Cocoa Beach was one -third of the cost. Mr. Nicholas reminded how the Council has foregone the consultant's recommendations in ast ears and wa p Y s, appeared subject to catching up with the rates. Mr. Hermansen brought out that if it a 0 pp d tv be consensus to charge for revenue usage based on usage, then the Council would want to leave the adjustment discussion open. He ag reed with a premium, but not g p � 300 percent. Ms. Bowers addressed Ms. Roberts question related to the City f Cocoa Beach's each s lower fees and stated that Cocoa Beach subsidized their sewers stern with reuse fees a d they also require that each person using reuse pay to annually aintain their own system. ystem. Cape Canaveral, however, provides these services. Mr. Falter Bandish stated that the City provides these services for free. He also stated that Ca Canaveral ' Cape I rs an Advanced Water Teeatmenr plant which was the top level nearest drinking ater standards, ,whereas Cocoa Beach was secondary treatment. Mr. Ray Osborne asked if an incentive was in place for water conservation. Mayor Pro Tem Hoog suggested waiting a year to review the rate increase outcom Mr. Petsos stated that he, too, anticipated a more level rate structure and would seek having Ms. Bowers and the rate consultant return and explain the outcome. Mayor Pro Tern Hoog asked the City Manager if the Sewer Rate Consultant could return with an analysis that would achieve the goal in a lesser time. Mr. Boucher respond p ed to allow for experience and then to provide a status report in January. Ms. Roberts � ry asked if the Council would need to acknowledge the differential nature between the co - � mercial use and residential use. Mr. Boucher explained that until the rate model was proven he recommended seeking ways to conserve. Mr. Boucher pointed out that regardless of the City of Cape Canaveral. Florida City Council Regular Meeting September 18, 2007 Page 8 of 70 unoccupied units in condominiums; the City still had the exp ense of op erating its � pe g treatment plant. Mr. Nicholas informed that water consumption for front load washing machin s was less than top loaders. Nis. Roberts inquired about the communication strata � l strateg for not�f�cat�of �. Mayor Randels stated that residents and Condominium Associations wer e e notified. Mr. Boucher replied that the City would continue to notify the public. Ms. Roberts �y p voted for the Resolution with the understanding that Council would review the increased rates in the coming year to reassess it based on experience. A motion was made by Mr. Petsos and seconded b M r. Nicholas to y Adapt Resolution No 2007 -25, The vote on the motion carried 5-0 with voting as fellows. Mayor Pro Tem Haog, Far; Mr. Nicholas, Far; Mr. Petsos Far; Mayor y Ronde Is, Fo and Ms. Roberts, Far. DISCUSSION: 5, Citizen Awareness and Participation Plan. Mr. Petsos stated that the information was distributed for Council's awareness and to place it on an upcoming Agenda in light of hiring a Community Development Dir. ty p actor. Ms. Roberts mentioned the fall two-day Visioning session with the community. 9 ty Mr. Boucher responded that he would need to review the staff calendar. REPORTS: City Manager • Mr. Boucher reported that the paving at Washington Avenue was delayed Y due to inclement weather. Mr. Bandish reported that the millin g was started on Washington, orange, and Buchanan Avenues. Mayor Pro Tern Hoo pointed Y gp clout the need for guards around the manhole covers on Washington Avenue. • Mr. Boucher reported on the stop signs in the Harbor Heights area. Mr. Ba 9 ndish informed that a stop sign in the Harbor Heights area would r uire lacin t p g hem within 12-feet of the roadway and to eliminate the turn lane. Ms. Roberts reported that p p p p e were slowing down in Harbor Heights but were increasing seed as t g p they approached Shorewood Drive. Mr. Boucher rep orted on positive feedback � p overall. • Mr. Boucher informed that a developer desired to construct are office complex on Imperial Drive and State Road AIA that would exceed the height limitation. Ms. Roberts expressed that she wanted to hear from the firm. Mr. Petsos stated that he did not, based on the City's 45 -foot height limitation. Mayor Pro Tern Hoo y g stated that he was not adverse to hearing from the firm. Ms. Roberts suggested that 9g the firm spear to the Business and Cultural Develo�� G ;t ca; d of �� Lie ; concept. Council members decided in the affirmative b y the consensus of Ms. Roberts, Mayor Pro Tern Haag and Mayor Randels to hear the corice t P City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 9 of 10 Mr. Petsos recommended notifying City residents of the intent to hear the concept. A suggestion was made to use the Library Meeting Room. + Mr. Boucher had no further report on Ron Jon's. • Mr. Boucher reported that the Tripple J decision was remanded back to the Board of Adjustment. Mr. Boucher explained that the Appellate Court applied the City Code and stated that the Board needed to address the decision. Attorney Latorre reserved any further comment until the City Attorney had time to review the Order. + Mr. Boucher reported on his Drug Management Committee fleeting statin g that the School Concurrency Interlocal Agreement would impact future development. Discussion also included the Hometown Democracy Movement and the ballot question which would require that voters approve all Comprehensive Plan Amendments. + Mr. Boucher distributed the Parking Board discussion list from the previous City Council meetings. He asked Council to let him know if there were an y items omitted. * Cllr. Boucher reported that he found the 1994 Florida Department of Environmental Protection permit for the Wastewater Treatment Plant facility. Mr. Boucher would seek who had jurisdiction related to permitting for the slab construction of the new maintenance building. Brown and Caldwell would re- evaluate the Mange orders from Butler Construction. • Mr. Boucher reported that Public Works was quoted a cost of $112,000 from ExperTech for the redesign of the sewer main related to the Mermaid Key project. Mr. Boucher replied to Ms. Roberts that no service to other City residents would be disrupted since the Mermaid Key project was on private property. STAFF City Treasurer • No report. Acting Public Works Director + No report. City Clerk • No report. AUDIENCE To BE HEARD: Mr, David Shirtzinger requested to know why certain information was not P osted to the web site. He contended that City Council minutes were not the most recent and that projects such as the Ridgewood Avenue Streetscape were not available. 1 z 1 City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 t Page 10 of 10 1 ADJOURNMENT: I •There being nb` tr business, the Chair adjourned the meeting at 9:20 P.M. 1 .. ‘<.? , CseerusCji24pfi II) , PA ; ° Rocky Randels, MAYOR 1 I Susan St' s,'CMC,"ClriftLERK I 1 A I., 1 i 3 I i i I C I 1 i 1 1 A A 1 A I I I i t 1 i Y ff I } 1