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Home My WebLink AboutMinutes 10-02-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 2, 2007 7:00 PM MINUTES ALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts City Manager Bennett Boucher Assistant City Attorney Kate Latorre City Clerk Susan Stills City Treasurer Andrea Bowers Building official Todd [Morley REPORTS: City Council Members Council Member Roberts • Ms. Roberts informed that the City had an opportunity to obtain safety street signs at North Atlantic and Church street and State Road Al A and Columbia Drive subsequent to the street paving. she presented this as an action item to the Council. • Ms. Roberts inquired abort the status of the stop sign for North Atlantic Avenue and Shorewood Drive. Mr. Boucher replied that a design from traffic engineering was still forthcoming. g � • Ms. Roberts suggested an internal master schedule to outline timelines for completion of Council discussion i tems. Ms. Rot)ei Ls bE oug L C)ut .hat a i �slde[ 1t sug flags a� tf !fir � � Fit ia ¢ south entrap ices. Z) Ie i u the thought hal a flag on the west side of the ,j _poi i n m r t'e ,� T�r s - !��s .. f g . m ci lop enI. f i City of Cape Canaveral, Florida City Council Regular Meeting Oct ober 2, 2007 Page 2 of 9 • Ms. Roberts related that the same citizen also suggested that staff look into the quality of the City's existi flags due to the condition of the fla g p at the Cap Canaveral Library. Council Member Nicholas • Mr. Nicholas informed that the North entrance City sign lights were not working. g g g. ■ Mr. Nicholas referred to the standing water remaining t the curb of Adams and d Jefferson Avenues. He requested that staff look into a repair, • Mr. Nicholas informed that residents In the area of Lon g Point Park had expressed concern over hearing that the City planned to develop that area. Mr. Boucher informed that the Stormwater Administrator received an Estuary Grant ` � with the Army Corp of Engi neers and he planned to re- mo ��e deh .� trees in the area. He would rovide Council with information � L._— _ P on on the pr�� _ �_. R-Al!r fn One's s �.k s s t � s a r s i m; a r_..y i s'Tj.` s i zc ^ae'r .t �7 ' s s i s � u es "x inquired if council could take a stand on this issue. May Pro EJ _ _ if- :��I lde t ate � " -y cou' �€�Irwal d 's 'slue t thi r fur lUa League �t U1Lies. IVU Petfios su ges -ted a l�esol� �tion. for distribution to the other munic0 q.�t�� as e�� a� ti.l .. s the League. C f0 u n c i l Member Pet ■ Mr. Petsos inquired about seeking lights for the City south entrance sign. He requested to have Pubic Works investigate solar lighting. Mir. Boucher re lied that Mr. Le p Lefever just had solar lighting installed at Manatee sanctuary 'ark. ■ M Petsos announced on November 2r"' the satellite Beac1V Cocoa Sea Football Beach Bowl. Mr. Petsos mentioned some activities to rally spirit at the High school sporting event. - , r � r r r� C� Canaveral a r- t )a % Z Manatee sanc;tuary Park from 11 A.M. to 2 P.M. Proceeds to benefit Cape 'yew &#eIme,Invt y s&.nn'. ■ Mr. Petsos announced the KIwanis Club - Meet the Candidates Breakfast on C.- .i.....J.... _ �"" .�... nn ..+..........#, -. .._:f .�.f... �...z .-. .. :...: i...- ..�. -� i... .�a t. r c� b ter- r� �� r 111 �� n VI i t Ccape V *16 E'�l me y M a y or Pro T Bob Nog ■ Mayor Pro Tem Hoop brought up an item that he had related to the City Manager regal -1 i g street parking sign. Maww ■ Mayor Randels offered his reporting time to Mr. Chuck Sheridan for a M I-. _ rrese� �t atio �. �'3eaii*a';.►iivv'�''�is u�� who, Cv C� �3f�►'3� a -A Govemor's appointment on the Building Code Board in 2003. He informed that in 000 ' th e kaa �a�ve al' rUF L Pku ��y [the Poi t" pu�� e a ReauesL Iur rr � poSal =ur a � �; �F� -� �� 6.'t �s Banana River site at the entrance of r;eorge Kinn Blvd Mr_ herdan e e; la;n that ---- City of Cape Canaveral, Florida City Council Regular Meeting October Z, 2007 Page 3 of 9 his firm was second to Ron Jon's for the bid on the part project; however, neg otiations � � g recently ended between Ron Jon's and the Fort. Mr. Sheridan explained some of the project's elements and described the j roect as p � environmentally sensitive. Mr. Sheridan related some statistics on haw the Port Canaveral area weld benefit from the conventioneer revenue. The project anticipated approximately p pp Y $4 million i revenue in the first gear. Mr. Ha Pearson questioned egress for the � � � person traveling north on State Road Al A would enter. Mr. Sheridan pointed � =1It a ramp ha� p would lead a traveler into the Convention Center area similarly as one would enter th Part_ Ms. Roberts expressed the same concerns as with the Ron Jon's ro� ject such as traffic p noise, the environmental impact, and affects to the Cape Canaveral beach. Mr. Sheridan r p o di e ' fh P tram xmol!id tale people to Jetty Park and restaurants in the Cove area. The would also have amenities for people to remain onsite. Ms. Roberts asked if an y :�. Fit of the project involved Class A office space. Mr. Sheridan replied a rnPr ommercial mice space, and me etin lanner s acP.. Mr Sherid n res s f ry ,b � Roberts' question related to the hotel's star quality rati that the hotel would r - fl. l. _ g Y g d and four . i i Mr. Sheridan responded to Mr. Nicholas's question related to Jetty Park, that Jett Park r. t - y as ., incivaea in the plan F vir Sherid aiso resp ondad that the oro�asP,d silt WAIR �e5 acres. Mr. Sheridan stated that they planned to protect the wetlands area. Mr. Sheridan respo nded to Mr s that the Mertz mfArp for passage obs ervation i 't r t �"'R C4 �+'� r"s i'4 1 � the - `t .�► r � X � � � �^!. t" t t7 Y� � F'4 M 1 ,- - Pe ts� 3 u� anke� Mr. S to idan f oo s #c i K" ing the intei e i a i ii V � ii i `1 M, �ui� i %A, ca d. hi encouraged him to also snare the concept with the neighboring Cape uanaverai residents namel Puerto uei Rio. l�►�r^. or iendan responded to [►ns. mouefls question o n i i g r itfi� � that t! tie lighting was planned around the top tower of the building with no upward lighting. g . p g g Mr. Sheridan responded to Mr. Petsos question related to public use, that the intent was for the community to also use the convention amenities. Mr. Sheridan informed that he planned to speak with the Homeowners Associations and the Prevardount Commission. Mr. Sheridan responded to Mr. Nicholas' question on a Develop Regional Impact Studer that he did not anticipate obtaining stud for this project since the g Y p � project was below the study criteria and within the f'ort's jurisdictional boundary. Mr. Sheridan responded to Mayor Pro Tern Hoog's question related to motor craft that thev planned to prohibit incoming motorboats. Mr. Sheridan explained how the traffic planners engineered a pattern around the perimeter for vehicles to embark and disernbar . Mr. Sheridan responded to Mr_ Petsos' question related to the number of rooms that 350 r ooms "v`er a ntic ;paced fL n the t�`vvei . Mt . Sher %daft lAxplai ed 0i K Rvbert� haw E atrium would enclose several structures named f of one of the Spate City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 4 of 9 Mayor Randels thanked Mr. Sheridan for his presentation and inquired about his anticipated plan in light of the unsuccessful first plan. Mr. Sheridan expressed that since the Request for Proposal was published, the Port has performed a feasibility study that expressed the need for a convention center. Mr. Sheridan explained how a water park was not viable at this time using the unsuccessful Daytona Beach project as an example. Mr. Sheridan replied to Mayor Randels that the garage base would be above the high level ve I of the water line. Mr. Sheridan clarified that the planned hotel would be upscale; however 1" r f the name was undetermined at this tire. Mr. Sheridan replied to Mayor Randels that mixed --use was still included in the plan in light of the Class A office space, Mr. Sheridan responded to Ms. Roberts that in order to support Convention attendees, some rooms would have kitchen facilities. Mayor Randels replied that when Mr. Sheridan returned to the City, the City would sponsor an evening for community input and further questions. Mr. Sheridan replied to Mr. John Grandlich of the Ron Jon Cape Caribe resort that 75,000 -to- 100, square feet was planned for the Convention Center to include a sb e'er of conference space and breakout rooms. Mr. Sheridan related on hove col )ventioneers were being transported between Orlando and the Port, which identified the need for a local convention facility. Mr. Sheridan affirmed for GIs. Roberts that the medical facility would be available to the public. AUDIENCE To BE HEARD: Ms. sandy Young inquired about persons corning before the Community Appearance Board. Attorney I_atorre explained how a newly constructed single- family residence had to appear before the Board prior to obtaining a Certificate of Occupancy. Ms. Young stated that the Applicant was a required to $7 00 and q pay incurred a two - -week delay on their project for something that was not regulated afterwards. attorney Latorre affirmed that with a single-family esidence a Y person p was not required to return to the Community Appearance Board for any future changes. Ms. Bea McNeely, Planning and Zoning Board Chairperson, informed that she served on the Ad Hoc Committee for the Community earance Board, , and single-family homes came before the Board for purposes of review in order to deter people from painting in disharmonious colors. Ms. Young re- stated that the regulation; however was not enforced after the initial review. Mayor Randers made note of this as an item for future discussion. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 18, 200701 Mayor Randels asked if any Council member, staff, or interested p arties desired to remove the Consent Agenda item for discussion. City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 5 of 9 There was no request to remove this item for discussion. A motio was made by Mr. N and seconded b Ms. Robe t y o Approve Consent Agenda Item No. I. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr, Nicholas, Fora Mr. Petsos For; Randefs, For and Ms. Roberts, For. CONSIDERATIONS: � ��rnr�A �. rrrr��ri�iiiimr��rnrrrrrrri 2. Motion to Approve: Contract for Audit services with McGladrey & Pullen Mayor Randefs stated the audit Contract price of $35,000 with a renewal option for three hree subsequent years. Andrea Bowers, City Treasurer, Clarified that the firm was not i n a position to perform a single audit, however, grants were audited. Ms. Bowers resp onded to Mayor Randefs with her satisfaction in working with the audit team. Ms. Roberts stated that she found the Contract difficult to read in substance and in form and not succinct or Customer focused. she stated that this document was significantly g Y more pro forma and did not provide the management improvement suggestions as was done in previous documents. Ms. Bowers explained that the Contract was not similar to the Proposal in that it po was more in line with standard contract language. Ms. Bowers explained that the Audit was not xP a Consultation, but an in- depth, unbiased, independent audit of the City's financial records and processes. Nls. Bowers stated that, unlike the Proposal, the Contract was a legal document. Ms. Bowers informed that she spoke with the auditors and they planned to continue to provide the same meaningful comments and she expressed that they would continue to operate in the City's best interest. Mayor Randefs inquired what would make this document easier to read. Ms. Bowers agreed that the Contract was difficult to read; however, the firm would provide a viable product based on the Contract. Ms. Roberts expressed that the Contract was verbose and not clearly presented. she registered this as a personal Concern. Mr. Nicholas responded that the Contract set th pry edent for exe the firm's subsequent documents and should be understandable prior to execut P motion. Ms. Roberts stated that she raised this Concern in order to obtain a reader- friendly document in the corning year. Mr. Boucher assured that he would relay this Concern to the Audit firm. Mr. Petsos a dded that the absence of the firm's management improvement suggestions might be a sign n of g g C ity staff implementing their recommendations. Ms. Bowers concluded b sa• in th t th- Finance Department strives to obtain a Clean audit. City of cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 6of9 A motion was made by Mr. Nicholas and seconded b M Pro Tern Hoo Y �' g to Approve the contract for Audit Services with McGladrey & Pullen. The vote on t motion carried 5-0 with voting as follows: Mayor Pro Tem Ho , For; Mr. Nicholas For; Mr. Petsos, For; Mayer Randels, For and Ms. Roberts, For. RESOLUTIONS: 3. Motion to Adopt; Resolution 2007 -29 for the Final Re -Plat of Casa Es pe ranza. Todd Morley, Building Official, stated that during the process review of this Final Re -Plat several items came out and his memo clarified the changes since the Planning nd Zoning g Board's approval. Mayor Randels inquired why a Re -Plat re quired u to four months. � p Mr. John Johanson, Tripple -J Managing Member, informed that there were some problems with the Surveyor related to equipment placed over the sp ot where he had to place the markers. Mayor Randels noted the inclusion of the Party-Wall Wall A reement. Mr. Johanson responded that in his interpretation of the code it was not required. He referred to the final plat, 98 -59, sub -step ( ), "protective covenants and form of recording if required. Mr. Johanson then referred to the City *s Townhouse Code Section 110 which states "if there exists areas for common use, however there was no common use the lots were individually platted. Mayor Randels pointed out how neighbors could cut off access to the interior units by reason of a commonly used outside area. Ms. Roberts stated that Mr. Johanson was bringing up a distinction in the code related to common Pe Y rO rt for the Council's awareness. P Attorney Latorre reported that the Planning and Zoning Board concerns were related to common property such as disputes related to roof or common walls. The discussion did not include outside conditions such as the backyard. Attorney Latorre recalled that direction on Code consistency was noted at a previous council meeting. Mr. Johanson re- stated that there was no It common" area; therefore, the code did not app PP . Y Mayor Randels inquired of Ms. MGNeely, Planning and Zoning oard Chai who 9 , agreed that consistency was needed. she inquired if the council desired a common Agreement or to make each individual unit responsible. Mayor Pro Tern Hoog disclosed that he filed a Memorandum of Voting conflict due to his participation as the Electrical contractor. Mayor Randels made note that Resolution No, 2007-29 was not included in the packet ho the item was mo ved, seconded and voted on as approved. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Final Re -Plat of Casa Esperanza. The vote on the motion carried 4 -0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 7 of 9 follows: Mayor Pro Tern Hoog, Abstained; Mr, Nicholas, For; Mr. Petsos For; Mayor Randels, For and Ms. Roberts, For. ORDINANCES: First Public Hearing 4. Motion to Approve: Ordinance No. -2007; Amending Chapter 2 the List of City Code Provisions Enforced through the Issuance of a Civil Citation. Mayor Randels read Ordinance No. 06-2007 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE VI, CHAPTER 2, OF THE CITY CODE RELATED TO CODE ENFORCEMENT CITATIONS; AMENDING THE LIST OF CITY CODE PROVISIONS ENFORCED THROUGH ISSUANCE OF A CIVIL CITATION; ESTABLISHING THE CLASS of VIOLATION FOR EACH PROVISION; MAKING CONFORMING AMENDMENTS TO CHAPTERS 34 AND 110 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels referred to the level of fines related to the citation program as $100, and $200 for life /safety issues such as a swimming pool, and $500 for violations related to Resort Dwellings. Mr. Petsos reminded that this item had been addressed through Workshops and would be used as a tool to assist with the lengthy Code Enforcement process. Mr. Boucher clarified that the violation was at the discretion of the Code Enforcement officer. Mr. Boucher responded to Ms. Roberts that Law Enforcement would regulate some circumstances such as noise related issues. Mayor Randels inquired about the measurement for sound. Mr. Money replied that a "reasonable man" standard was applied and not a decibel standard. Ms. Roberts posed the following questions. First, the relationshi p of the Civil Citation to the Chronic Nuisance ordinance and asked how the two were related. Attorney Latorre explained that every incident of Chronic nuisance would add toward the count against the offender. Second, Ms. Roberts asked if there was a Fine Ticketing Form or Administrative method that accompanied this Ordinance. Mr. Morley replied that the existin g form related to fireworks and unlicensed Contractors. Ms. Roberts requested to see the Administrative mechanism accompany the ordinance at second reading. Third, Ms. Roberts asked if "litter" included fish remnants. Mayor Randels referred to the Section in the City code for Lim, Section 34-26 for regulations. Mr. Boucher reported that the area appeared Clean and monitoring occurred regularly. Attorney Latorre clarified, due to discussion, that the Code would include law enforcement as well as code enforcement officers. Ms. Bowers responded to Ms. Roberts that the penalty ee would be laced in the Y p Violation of Local ordinances account. City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 8 of 9 A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 06 -2007 at first reading. The vote on the motion carried 5_0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos For; Mayor Randels, For and Ms. Roberts, For. REPORTS: City Manager ■ Mr. Boucher informed that the City began its fiscal year and encouraged Council to monitor State Legislative issues. ■ Mr. Boucher informed that the City received a check related to the Paul ,Jindra Code Enforcement lien in the amount of $122,000. ■ Mr. Boucher informed that the Chrysler 300 seized in confiscation was sold on E -Bay for $17,500. • Mr. Boucher reported that Brown and Caldwell performed extensive testing related to the heavy metal introduced into the plant derived from the aluminum sulfate being used to decrease the phosphates at the Plant. Mr. Boucher reported that a new vendor was secured with a higher -grade product. Brown and Caldwell made the recommendation to amend the process for reintroducing aluminum into the system. Mr. Boucher concluded that a study to create a mixin g zone for proportional disbursement was under consideration. ■ Mr. Boucher reported on the sewer main project and noted that Mr. Martin Greene would need to pay $112, 000 to relocate the severer main for the Mermaid Key project. ■ Mr. Boucher reported that staff was seeking a quote for paving the entire road on Columbia Dave. This would be on the next City Council Agenda for consideration. ■ Mr. Boucher reported that he would meet with all parties involved on the Public Works maintenance - building project. ■ Mr. Boucher announced a Sign Code meeting on the following evening, Td- g g, Wednesday, October ■ Mr. Boucher announced this day as Mayor. Randel's birthday. y Staff Building official ■ No report. City Treasurer ■ No report. City Clerk ■ Ms. Stills stated that a copy of Resolution No. 2007-29,, once signed, `mould be provided to the Applicant. g City of Cape Canaveral, Florida City Council Regular Meeting October 2,2007 Page 9 of 9 Mr. Nicholas commended Mr. Roger Dobson for being acknowledged as the Entrepreneur of the Year by Space Coast Business magazine. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:07 P.M. C dVA 41 Rocky Ra dels, YOR Susan ` '�s, C, CITY CLERK 4 1 1 :Y A 4 1 i1 1 ; C qq WHO MUST FILE FORMA 8B This form is for use by any person serving at the county, city, or other focal 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 11 2.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary ead depending rY 9 Y p g 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 fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, 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- - .ire which inures to the special gain or lass 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. 163.356 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. 9 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 ry 9 car in on a business enterprise with the officer as a partner, joint venturer, coowner of property, ar 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 ou are abstaining from voting; and y WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording he min- utes of the meeting, who should incorporate the form in the minutes. g * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However ou must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writin g and whether made y 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 'AKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording he minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) 9 CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read 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 he minute f meeting, who must incorporate the form in the minutes. A copy of the form must be provided i 9 s o the p immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that one -- (a) A measure came or will come before my agency which (check one) inured tom special pedal private gain or loss; inured to the special gain or loss of my business associate, . r inured to the special gain or loss of my relative, r inured to the special gain or loss of r by whom 1 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. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 2, 07 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MADE ANY REQUIRED DISCLOSURE S LOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, C MENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY REPRIMAND, CIVIL PENALTY NOT TO EXCEED $10,000. OR A GE FORM 8B - EFF. 112000 PAGE 2