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HomeMy WebLinkAboutMinutes 03-06-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 6, 2007 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:02 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Others Present: City Manager City Attorney City Clerk Building Official Public Works Director Stormwater Administrator Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Jeff Ratliff BOARD MEMBER INTERVIEW: Interview for an Alternate Position on the Business and Cultural Development Board — Lieutenant Hugh Evans. Mayor Randels called on Lieutenant Hugh Evans of 411 Jackson Avenue for questions related to his application. Mayor Randels made note that Lt. Evans was invited to participate with the recent Business and Cultural Development Board meeting until 10:00 P.M. Lt. Evans affirmed for the City Attorney that all of the information on his application was true and correct to the best of his ability. Lt. Evans related how he met Mayor Randels by way of telephone as Mayor Randels listened to his concerns. Mayor Randels subsequently encouraged him to become more involved in the community. After some months, Lt. Evans considered the Mayor's suggestion and viewed the City web site to learn how to apply for a volunteer board. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 2 of 18 Ms. Roberts asked Lt. Evans what it was about the Business and Cultural Development Board that interested him and what did he hope to offer the City in this capacity. Lt. Evans replied that the web site and the application provided a complete Board listing and he chose the Business and Development Board since the Board appeared to have an impact in the community. Lt. Evans stated that he brings to the table the fact that he has lived all around the world and could bring a diversity of possible concepts to the planning process. Council Members welcomed Lt. Evans participation on the Board. Mayor Randels stated that he was impressed with Lt. Evans and related on his practical experience coming from the military and his use of problem solving Lt. Evans's suggested that the Board present three items for the Council's review which proved beneficial during their meeting. Lt. Evans thanked the Council for the interview and expressed his hope to be a productive member of the Board. Mayor Randels stated that a Resolution to appoint Lt. Evans to the Board would appear on the next City Council Meeting Agenda. Mr. Petsos also thanked the Board Chairperson, John Anderson, for his presence in the audience in support of the Board's newest member. CONSENT AGENDA 1. City Council Regular Meeting Minutes of February 20, 2007, 2. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival. 3. Amending the Outdoor Entertainment Permit for Ladies Night Sponsored by Fairvilla MegaStore. Mayor Randels at this time reminded the Council to speak audibly into the microphones in order to be heard during the Meeting Minutes transcription. Mayor Randels referred to the single sheet amendment with corrections that the Council received. He pointed out that there were two corrections to Discussion Item No. 10 from the previous meeting related to the Fire Department purchase. Mayor Randels stated for clarification," that the Volunteer Fire Department owned both the land and the building." He also stated for clarification purposes that there would be two separate appraisals performed, "one for the entire complex and the land and one for the land only." Mayor Randels informed that Chief Dave Sargeant requested the corrections and was in agreement with the amended language. Ms. Roberts stated that she also had a few points in Item No. 1 and would also like to discuss Item No. 3. Ms. Roberts pointed out in the February 20"' Meeting Minutes, Item No. 1, on Page 5 under the discussion related to the City's Arborist. She asked if the Council concluded that the City Arborist would comment on the diseased trees. Council members agreed IL that that was the intent of the discussion. Ms. Roberts stated that the language was not City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 3 of 18 clear on the intent to hear from the Arborist. She clarified that in the meeting minutes the discussion concluded with the Council's agreement which stated that they "could" hear from the Arborist, not that they "should." Mayor Randels made note of the correction to strike the word could and insert that word should. Mr. Petsos agreed that the Council would either hear from the Arborist or be informed of his input since the item was on this evening's Agenda. Ms. Roberts pointed out, in order to make a clarification for the community, on Page 7, under the City Manager's report, bullet number 5, Mr. Boucher's reply that reads, "that the building was considered for Law Enforcement." Ms. Roberts expressed that the language as read did not clarify the point that during the discussion it was stated that the building was not considered for the Fire Department due to its lack of a turning radius for the fire trucks. Mayor Randels made note of the correction. Mr. Boucher added that Chief Sargeant did not desire to move the Fire Department due to the ISO rating. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 and 2, with corrections. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Ms. Roberts re- stated her request to discuss Item No. 3. Mr. Nicholas agreed that he too wanted to discuss Item 3 from the Consent Agenda. 3. Amending the Outdoor Entertainment Permit for Ladies Night Sponsored by Fairville MegaStore. Mayor Randels explained that the City's permit for Outdoor Entertainment did not request information on alcoholic beverage service. He informed that all proceeds from alcoholic beverages served at the Fairvilla event would go to the Brevard Humane Society. Mr. Garrett Lind, Events Coordinator for the Fairvilla Megastore stated that the sale of alcoholic beverages was not purposefully omitted, but that the City application did not request it. Mr. Lind affirmed that the proceeds would go to the Brevard Humane Society. Ms. Roberts asked the question for the Council to consider as a discussion item if there might be a desire to obtain clarification on the application as to what type of beverages would be served if an application should be presented in the future. Mr. Nicholas asked Mr. Lind if he were obtaining a one -day liquor permit to which Mr. Lind replied that when the Zoning Department received the application for the permit, at that time the question was raised about the initial application. Mr. Nicholas asked if there would be music. Mr. Lind affirmed that music was anticipated and also that the fact that there was a show made it an outdoor event. Mr. Lind informed that the show would begin at approximately 9:00 P.M. and conclude at 10:00 P.M. which was in compliance with the City's noise ordinance. Mr. Nicholas raised the concern of the noise level for the City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 4 of 18 adjacent Treasure Island Condominium residents. Mr. Lind informed that the speakers would project toward the Fairvilla building as well as toward its back deck. Mayor Randels thanked Mr. Lind for his attempt to come into compliance and for donating the proceeds to a local non - profit organization. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tom Hoog to Approve Item No. 2 as Amended. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS 4. Motion to Approve: Cooperative Purchase of Paving Services to APAC- Southeast, Inc. in the Amount of $1,145,185.98. Mayor Randels noted that the City had set aside $200,000 each year for this upcoming project. Jeff Ratliff, Stormwater Administrator, explained that Public Works was tasked with obtaining three bids for the Presidential streets and the Canaveral Beach area all of which were east of State Road Al with no paving to the west of it. Mr. Ratliff explained that the scope of work was listed in the Council's Agenda Packet and included: mobilization and MOT charges, the milling and re- paving with one and one quarter inches of new pavement, and all of the striping and replacement of striping, also adjustment and repair of approximately 75 manholes. Mr. Ratliff, Stormwater Administrator, stated that APAC - Southeast was the lowest bid at $1.145 million and he was seeking approval from the Council to enter into a contract with APAC. Mayor Randels read that the other two bidders were: Community Asphalt at a cost of $1.415 million and VA Paving at a cost of $1.372 million. Mayor Randels informed that the City jointly used the County's cooperative purchase for road maintenance for the bid. Mayor Randels clarified that the bid did not include Ridgewood Avenue, which was another project, or East Central Blvd., which appeared in good condition. Mayor Randels informed that the project did not include the private streets such as Cherie Down Lane or Lindsey Court. He also informed that the project did not include the five streets west of State Road A1A: Columbia Drive, Holman Road [the part owned by the City], International Drive, Banana River Drive and Central Blvd. from Zachary's to the west. Mayor Randels requested to know that if there were any remaining funds would the Council consider paving the streets west of State Road A1A. Mr. Nicholas stated that if any funds remained he desired to see re- paving of the North Atlantic area. Mayor Pro Tern Hoog agreed with Mr. Nicholas and he also questioned the force main replacement repair planned for Washington Avenue. Mr. Gardulski replied that he anticipated completing the force main project as well as the drainage project at Orange and Buchanan Avenues prior to the re- paving project. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 5 of 18 Mr. Nicholas pointed out that Washington Avenue and Magnolia Avenue were also in need of repair and he asked if the streets where the crowns were depressed would be re- crowned. Mr. Gardulski affirmed that the streets would be re- crowned. Mayor Pro Tern Hoog emphasized that he did not desire to see the streets repaved until the utilities work was completed. Mayor Randels requested to have those streets removed from the re- paving project until the utilities projects were completed. Mayor Randels referred to a letter from Mr. Craig Stewart who owns four lots on Oak Lane whereby he questioned if the City would also pave Oak Lane. Mr. Gardulski replied that he anticipated using the millings from the re- paving project on Oak Lane and the parking areas of the Manatee and Banana River Parks. Mr. Gardulski affirmed to Mayor Pro Tern Hoog that the advertisement for the Force Main project was published. Mr. Boucher informed that the County Commission rejected the bid for the junction box at Buchanan and Orange Avenues and they would be re -bid; therefore, the Council should expect a few months delay on repaving of those streets. Mr. Petsos asked if Mr. Gardulski anticipated additional cost for the mobilization and he requested to know the cost upfront. Mr. Gardulski affirmed the anticipated costs and replied that he would obtain a schedule. Mr. Boucher concluded that Washington, Buchanan and Orange Avenues would be removed from the re- paving list until the utilities were repaired. Mayor Randels pointed out that Presidential Court sloped in the wrong direction and created a flooding problem for those residents. Mr. Gardulski affirmed that he was aware of the problem. Mr. Petsos asked if the traffic "loops," those that trip the traffic signals, were incorporated since he did not see them in the project. Mr. Ratliff stated that the traffic loops were not included in the cost. Mr. Boucher informed that the Brevard County Traffic Signal Division would address the loops. Mr. Ratliff reminded that the intent was to go to an electronic eye and to eliminate the loops. Mr. Ratliff returned to the discussion on the road crowning and stated that Washington, Magnolia and Jefferson Avenues were the worst three roads and correcting the crowning on these roads was included in the project; however, the traffic loops were not. Mr. Nicholas asked if the crowns were depressed due to possible collapse of the sewer lines underneath them. Mr. Ratliff replied that further investigation was probably needed although there were not sewer lines under most of the re- paving project. He said that settling had occurred; therefore, it might be a combination of both. Mayor Randels reviewed the following points: 1) that some of the anticipated core samplings revealed that some places that were considered a higher height were in fact lower, 2) there were 75 proposed adjustments to man hole covers, and 3) the project would begin within the next three to fourth months. Mr. Petsos asked if the contract that APAC has with Brevard County would continue until September 2007. Ms. Roberts expressed in caution that the impending hurricane season might preclude waiting too long. Mr. Ratliff informed that APAC preferred not to IL pave in the summer months. Mayor Randels pointed out that maybe APAC would perform most of the paving at this time in order not to charge for equipment re- City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 6 of 18 mobilization. Ms. Roberts stated three questions. First, she asked if the City was aware of other work by APAC. Mr. Ratliff replied that they completed the recent Center Street project and the previous Harbor Heights re- paving. Second, Ms. Roberts asked if any of the projects include additional parking spaces near the beach access areas for the community. Mr. Ratliff replied no, this project would just replace what exists. And third, Ms. Roberts asked how the City planned to notify the community especially those streets that were impacted by re- paving. Mr. Ratliff replied that the City would post notice on its web site and in the newspaper. Mr. Boucher added that the City would also distribute handbills as the paving occurred on the streets. Mr. Ratliff replied to Ms. Roberts that residents should be able to use the roads almost immediately after the work is completed. Mr. Ratliff stated that he favored APAC in that they provided the core samplings on their own time and without charge. Mr. John Gedney asked if there was a best and final offer requested from all bidders. He explained the Best and Final Offer process in that all Bidders, whether high or low, were asked to reply with their BAFO (Best and Final Offer). Mayor Randels pointed out that offers would be made on the bids after they were opened. Mr. Nicholas informed that in government once the bids were open, the information becomes public record. Ms. Roberts asked if it were appropriate to amend the motion to add the suggestion that the remaining funds would target North Atlantic Avenue for re- paving. Council agreed to complete the project at hand first. Mr. Donald Dunn, member of the Planning and Zoning Board, explained the Best and Final Offer in that it is the result of technical projects wherein if there were changes, negotiations ensued to obtain a best and final offer. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Cooperative Purchase of Paving Services to APAC - Southeast, Inc. in the Amount of $1,145,196.98. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 5. Motion to Approve: Proposal from Brown & Caldwell to Conduct Florida Department of Environmental Protection Compliance Assistance in the Amount of $37,125. Ed Gardulski, Public Works Director, explained how the Florida Department of Environmental Protection [DEP] required more stringent testing regulations for certain elements present in effluent that flowed to the Banana River. He stated that this testing brought the plant closer to drinking water standards. Mayor Randels explained for the audience that a new mandate from the DEP included more stringent testing for: zinc, silver, mercury and dicholorobromethane. Mayor Randels clarified that the City has up to two years to come into compliance. Ms. Roberts asked if funds were budgeted for this testing. She also inquired if the City forecasted any subsequent testing. Mr. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 7 of 18 Gardulski replied that he was unaware of the anticipated testing until the City received its permit. Mr. Nicholas asked if these elements were tested for in the discharge in prior years. Mr. Gardulski replied no. Mr. Nicholas also asked if the sludge was tested for these contaminates. Mr. Boucher affirmed that the sludge was tested; however, the testing was not required for the effluent. Mr. Gardulski replied to Mayor Randels that the testing was done off -site. He replied to Mr. Nicholas that testing would be performed monthly, or weekly, or until the contaminants were identified. Mayor Randels affirmed that the Permit defined the required tasks and in what weeks they were to be performed and the compliance section was clear in that the City had 24 months to come into compliance. He clarified that this report would be inclusive of Steps I through III within the first reporting period. Mr. Gardulski stated that the first reporting period would conclude at the end of the Fiscal Year and he would return with the reporting results and to clarify his direction. Ms. Roberts asked if the City competitively bid this proposal or were Brown and Caldwell the ongoing company. Mayor Randels explained how not all projects were subject to the Consultants Competitive Negotiations Act. This bid process required negotiations to begin with the selected bidder and if no agreement was reached the negotiations would proceed to the next bidder. Mayor Randels noted that the City's civil engineers were incapable of handling this project. Mr. Gardulski stated that he sought an Environmental engineer for the project. Mr. Boucher informed that the DEP also required different testing methods from other municipalities as part of their permitting process. Mayor Randels raised the questions of the source of the problem, how it could be found, and also if it were possible that some of the elements were being emitted from the plant. Mr. Boucher replied that contaminates would be deduced by process of elimination. Mayor Randels concluded that the funding for the project would come from the Contingency Fund. Ms. Roberts mentioned to anticipate upfront in future years as an opportunity to plan forward. Mayor Randels clarified that the expense was not planned. Ms. Roberts said that if the City anticipated some trends in the profession or the standards, the City could be vigilant of those trends. Mr. Boucher explained that the mercury standard was new and required rigorous quality control. The City then had to find a lab to perform the test using the proper procedures according to the DEP regulations. Mr. Boucher summarized that DEP cited the City for the newly required testing standard because it had an active permit application under review at the time. A motion was made by Mr. Gardulski and seconded by Mr. Nicholas to Approve the Proposal from Brown & Caldwell to Conduct Florida Department of Environmental Protection Compliance Assistance in the Amount of $37,125 for Task I, II and III with One Progress Report. The vote on the motion carried " with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 8 of 18 ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 03 -2007; Amending Chapter 102, Providing for a Definition of "Diseased Tree," at Second Reading. Mayor Randels read Ordinance No. 03 -2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE CAPE CANAVEREAL CODE OF ORDINANCES RELATED TO LAND CLEARING; PROVIDING FOR A DEFINITION OF `DISEASED TREE "; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels stated that the language in the ordinance was amended that related to structures. Mayor Randels read a portion of the definition of diseased tree which "means a tree with a sustained or progressive impairment caused by tree disease which seriously compromises the viability of the tree in that it is unlikely the tee will remain living and viable for a period of more than three (3) years or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of a diseased tree." Ms. Roberts pointed out that the intent in amending the language was to add both the co words existing and proposed structures. Ms. Roberts stated that she thought both words were included to anticipate the future too. Mayor Pro Tern Hoog stated that the word proposed referred to something that did not yet exist and if a tree were an imminent danger it would be taken care of during the permitting process. He stated that the word existing was acceptable; however, proposed would apply to any vacant property. Mayor Randels explained how in adding the word proposed it would mean that any proposed structure would result in the removal of the tree. Ms. Roberts agreed and thanked the Mayor for the clarification. Ms. Roberts stated that she thought the Council was going to ask Tim Davis the City's Arborist to attend the meeting and comment on the ordinance. Mr. Boucher related that Mr. Davis, City Arborist, conveyed to him that three years was a reasonable time. Mr. Petsos pointed out that the Council was seeking to hear from the Arborist since three years was the time spoken of during the previous meeting. Mr. Gardulski stated that the point was having a licensed, professional Arborist to ascertain the tree's condition. Mayor Pro Tern Hoog presented the supposition to the City Attorney on who was liable if the Arborist recommended three years and the tree falls on someone within two years. Attorney Garganese explained that the City was not placing the Arborists in any different capacity than another other person who uses their professional judgment. Attorney Garganese explained how the definition for a diseased tree was a criterion for the removal of a tree. Another provision, however, in the City code that referred to imminent peril to life, health, safety and welfare also required a tree's removal even if the tree had a longer City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 9 of 18 survival rate and he referred to the those trees that were removed in the Winter Park area subsequent to Hurricane Charley. There was no public comment. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Adopt Ordinance No. 03 -2007 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For•, Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2007 -07; Approving the Preliminary Replat of Casa Esperanza Townhomes. Mayor Randels stated that the completed Preliminary Replat for three units was recommended to the City Council by the Planning and Zoning Board on February 14 th . A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Adopt Resolution No. 2007 -07 Approving the Preliminary Replat of Casa Esperanza Townhomes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro IL Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 8. Chronic Nuisance and Code Enforcement Citation Codes. Mayor Randels referenced the City Manager's package and noted that the existing City Code included a Code Enforcement Citation Program in Section 2 -280. Mayor Randels pointed out that a recent Workshop with the Sheriffs Office revealed that there were some rental properties that resulted in a high frequency of calls. One such property had over 160 calls in one year from the Sheriffs Department. There were two suggested methods to utilize to abate such a chronic nuisance: 1) to expand the use of Code Enforcement citations by way of civil citations, for example, those used for fireworks and unlicensed contractors, and 2) the City of Sanford ordinance uses a civil penalties classification program with designated violation categorized in Classes I through IV. For example, a Class I citation of $50, was for yard waste not properly prepared and placed at the curb; a Class 11 citation of $100, would be for stealing recyclable materials from an approved container, a Class III citation, was given for discharge of any substance or materials which were harmful to the sanitary sewer system; and Class IV for $300; however, the Mayor did not have an example for this category. The Sanford ordinance defined a chronic nuisance as a higher rate of occurrence that each time a City Police City of Cape Canaveral, Florida Ciir Council Regular Meeting March 6, 2007 Page 10 of 18 Officer or a Code Enforcement Officer commenced and completed a response to an identified unit of property for a classified list of violations. Mr. Boucher explained that there were some newspaper articles on Sanford's activity which instituted the Sanford, Frequency of Use code which has dramatically cut back the number of calls to high profile areas. Mr. Boucher stated that this might be a way to obtain a property owners attention for allowing certain activity to occur on their property. He stated that the civil citation required that you witness the violation. Mr. Boucher explained further that when there was a property that was a continuous problem for the Sheriffs Office or Code Enforcement, then the Council could develop a code that would fine the property owner for allowing the activity to occur. He explained that since the code was a General code it did not require the Planning and Zoning Board's review. Mr. Boucher queried the type of civil citation infractions that the Council would seek staff to develop. He expressed that the Building Department staff and the Sheriffs Department would be comfortable issuing civil citations. As for the automatic nuisance ordinance, Mr. Boucher recommended the Sanford ordinance. He stated that the Planning and Zoning Board members at the workshop also favored the City of Sanford ordinance. Mr. Boucher concluded that if there were certain neighborhoods in the City that have frequent calls for service and a high ratio of activity and he emphasized there must be a way to get someone's attention which was usually through the landlord. Mayor Randels related on the success of the Alarm System violation. He informed that after three calls a business was fined when the Alarm System requires the Police and Fire service for false alarms. Mr. Boucher stated that the City code needed strengthening for nuisance abatement. Mr. Boucher stated that he would like to hear feedback from the Council. Mr. Petsos added that he would like to gain input from the Sheriffs Office since they were the regulating authority required to write the tickets. A resident stated that the City would need to develop an ordinance with more authority for regulation purposes. Mayor Pro Tern Hoog queried if there was an issue with whether the problem was witnessed. Mayor Randels replied that the regulation would be based on the call for service. Mr. Boucher pointed out that the Sanford code provided a good explanation of what constituted a call for service. Ms. Roberts stated that one of the things that came up during the short term rentals discussion, by the neighbors of the transient population, was that fact that the person might not be available by the time City addressed enforcement. Mayor Randels related on the difficulty of identifying who was responsible in a rental community; however, the on -site manager or property owner was confronted with the problem. Ms. Roberts explained the question of observation: saying that if a neighbor called to say that they observed something, by the time the Sheriff's Office or Code Enforcement arrives the activity may have ceased or the person might have left the scene. Mayor Randels read the definition of an incident of service from the Sanford code as, "each time one or more city police officer(s) or city code enforcement officer(s) City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 11 of 18 commences and completes a response to an identifiable unit of property as recorded by the Seminole County Sheriff's Communication Center's computer aided dispatch system or a written report of a police officer or code enforcement officer which sets forth the time the officers were present upon the property." Mayor Randels concluded that each call was counted per incident. Mayor Randels provided an example and concluded that by the time violators reach the Code Enforcement Board, the situation may have lost some validity. Mayor Randels referred to a provision in the Sanford ordinance that related to nuisance activity that exceeded three calls; however, the fourth call pertaining to that nuisance activity resulted in a $250 service fee for the property owner. He concluded that this would cause people to pay attention to the activity that interferes with their neighbors. Ms. Roberts mentioned another factor since dogs and cats on the premises were mentioned in the ordinance, and asked about peacocks. She raised the question if Council cared about the nature of the animal. Mayor Randels responded that when the City received any calls about a troublesome peacock, a trap was set and the peacock was transferred to a new home. Ms. Roberts observed that in Harbor Heights there are a large number of peacocks at some homes and she stated how some people love them and others do not. She raised the question as an aspect of the ordinance in discussion. Mr. Nicholas pointed out that the peacocks wandered and dwelled at various residences; however, the peacocks could not be attached to any property or person. Mr. Boucher emphasized that the ordinance was not part of a Land Development Code and did not require the Planning and Zoning Board's review. Mr. Nicholas suggested hearing from some of the other related City Boards to gain additional perspective. Mayor Randels agreed and suggested giving the Boards a portion of the Draft ordinance for review. He concluded that he favored notifying the Boards that Council was considering the nuisance ordinance for problems and enforcement. Council members recommended seeking input from the Code Enforcement Board, Business and Cultural Development Board, and the Beautification Board. Attorney Garganese pointed out that there were two ordinances for two different purposes. The first ordinance was a Citation ordinance. The City currently has a Citation on the books and the City can issue citations for fireworks violations. The issue was, if the Council chose to refer the ordinance to some other Boards, were there any other Code provisions that should be subject to civil citation and if so, what should be the recommended penalty if a civil citation was issued. Attorney Garganese stated that that would require general knowledge of the existing code and what other codes would be subjected to civil citations. He stated that the Code Enforcement Board had the most vested interests in that whatever was included in the civil citation route, could not go to the Code Enforcement Board. Attorney Garganese stated that the Code Enforcement Board's input was important, as well as that of the Code Officer and the Sheriff's Department. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 12 of 18 The second ordinance was a User Fee and that ordinance stated that if someone was a chronic user of Police, Fire, and Code Enforcement services provided by the City, the City would charge a User Fee. The User Fee was $250 for the fourth visit within a 30-day period and $500 for the fifth and any subsequent visits within a 30 -day time period. Therefore, the issue for the Council to decide was whether or not the City should impose a User Fee to get reimbursed for excessive use of those services. This ordinance was first a financial issue and; second, in some respects it had an indirect impact on Code Enforcement, but it was not a Code Enforcement ordinance. The impact was chronic use related to Code Enforcement that would allow the City to recoup some of its costs above and beyond the penalties imposed by a Code Enforcement Board or a court in civil citations. For the City of Sanford, this allowed them to recoup some of their costs. Attorney Garganese recalled the substantial debate prior to instituting the civil citation procedure and how the Council ultimately decided to make only fireworks subject to civil citations. Many other municipalities made any of its code provisions subject to alternative remedies, Code Enforcement Board or civil citation, depending on the best judgment of the Code Enforcement Officer or Law Enforcement Officer at the time of the violation. Attorney Garganese stated that the Council could make the entire code subject to civil citation and leave the application subject to the Code Enforcement or Law Enforcement Officer or the Council could choose what code provisions would apply at its discretion. Ms. Roberts stated her observation of how many times had the City issued any citations for fireworks and asked if the City collected on them. Mayor Randels replied that there was one instance in which someone was apprehended and sent to jail. Attorney Garganese was aware of money collected on one civil citation for fireworks two years ago. Ms. Roberts stated that the City tended to have a warning approach for fireworks. Attorney Garganese replied that the City was required by Statute to give a warning. Ms. Roberts suggested looking at period of six months to one year due to repetitive examples that might not be intense but repetitive. Mayor Randels read from Subsection B related to repeat violation, "a Code Enforcement Officer shall provide a warning notice prior to issuing a citation; a warning notice shall at a minimum provide the following: the date of issuance of the warning, specified time for compliance, maximum amount of fine if not corrected, and a place for the signature of the person receiving it. Then upon personal investigation, the Code Enforcement Officer finds the person has not corrected the violation within the time period, the Code Enforcement Officer may issue a citation to the violator." Ms. Roberts said that the Code Enforcement Officer speaks to the visitor and that may or may not be the property owner; therefore, when the warning was given it was given to the visitor. However, there was the weekly experience of visitors discharging fireworks and them being warned with still no a correction to the problem. Mayor Randels stated that he anticipated the property's owner's involvement. Ms. Roberts said that she anticipated some enforcement authority and mentioned the nature of a transient situation as such that City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 13 of 18 a person present on a transient basis was at least warned if it did not reach the property owner. Attorney Garganese informed that in the City of Sanford the User Fee was connected to the property; therefore the property could be subjected to lien even if the violator was no longer in the area. Mayor Randels related on a letter from a resident who experienced the results of nuisance behavior and her subsequent inconvenience and stated that it was time to address the problem. Ms. Roberts recommended considering a substantial fine for the categories that the Council would decide on in the citation fee program. Attorney Garganese clarified that the User Fee was based on costs for service. He informed that the City of Cocoa was considering a User Fee on the At -Fault driver in which their insurance company was pursued for costs related to its emergency service calls due to increasing number of transient traffic related accidents. Mayor Randels called for a consensus and summarized that the Council desired to pursue the ordinances and to gain input from the other related Boards. Mr. Boucher expressed his agreement with the City Attorney to allow the Code Enforcement Board to review the citation program. Todd Morley, Building Official, explained that there were two types of Code Enforcement problems: street -level code enforcement and also the Code Enforcement Board cases. He stated that the greatest percentage of Code Enforcement work was performed on the street -level and those cases did not reach the Code Enforcement Board. Mr. Boucher stated that those City costs needed to be recouped for the street -level Code Enforcement as well. Ms. Roberts added that in the sequence of things, she hoped that the Sign Ordinance would be resolved before this ordinance since there were many issues there as well. Mr. Boucher concluded that he would also obtain input from the Sheriffs Office. REPORTS: 1. City Manager • Mr. Boucher referred to the meeting calendar in order to schedule a meeting on the Short Term Rental ordinance on Wednesday, March 14 at 5:00 P.M. • Mr. Boucher also referred to the meeting calendar to schedule a meeting for the Sign Code on Tuesday, March 20th at 5:30 P.M. prior to the regular City Council Meeting and another meeting on the Sign Code on Monday, March 26 at 5:30 P.M. Mr. Boucher suggested that the Recreation Board scheduled for that day and time meet at the Manatee Sanctuary Park pavilion. • Mr. Boucher informed that some of the residents in the northeast part of the City complained about the odors from the Coastal Fuels property. He stated that he inquired with the Florida Department of Environmental Protection the regulating agency that monitors Coastal Fuels air Permit. DEP monitored the facility on January 19 January 31 and March 5 h and found them in compliance with DEP's permit. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 14 of 18 Mr. Boucher related how in speaking with DEP staff that DEP reviewed the technical parameters of whether or not Coastal Fuels was in compliance with the issued permit. If Coastal Fuels was within the technical parameters with chemical loading and the problem still exists, DEP staff related that the problem appeared to be one of two issues: the asphalt burners and the type of asphalt in use. In about three weeks Coastal Fuels will use another type of fuel that would generate less odor, if that did not work they could add some scent to the fuel to make it more fragrant. There is a small asphalt operation in Seminole County that does this in its operation. Mr. Boucher explained further that there was another issue when fuel was placed in the tanks, the fumes, as the tank levels rise, were purged from the tanks and that was another cause of the odors. Coastal Fuels informed the DEP that they would attempt to rectify the situation. Mr. Boucher stated that after that point, if the odor extends their property lines, then it was up to Code Enforcement's judgment to establish if the issue constituted a nuisance. Mr. Boucher related that he personally experienced the odors during the asphalt purging operation. He concluded that in order for Code Enforcement to address a nuisance violation, they would have to observe the odor extending the Coastal Fuels property line and they would have to know the time of day that the odor constitutes a nuisance. Mr. Boucher stated that a reasonable standard exists when an overpowering odor extended beyond the Coastal Fuels property. Mr. Nicholas, returning to the discussion on the odors, stated that DEP had standards and he asked if DEP had any sensors or monitors that they could use to judge whether there standards were met. He requested that the City Manager seek the use of DEP's instrumentation. • Mr. Boucher reported that Brevard County was handling the bid to hire a contractor for Coastal Fuels groundwater contamination clean up. Ms. Roberts asked who was paying for the County contractor. Mr. Boucher replied that he believed a grant would pay part of the funds, and a part paid by Coastal Fuels, and a clean up fund would pay for the rest. • Mr. Boucher reported that he received the 30 percent plans for the North Atlantic middle turn lane. The plan, that provided a report of the existing conditions, defined a 60 -foot right -of -way and each travel lane was 16.5 feet in width. The anticipated plan was to install four -inch raised concrete curbs and 6 -foot wide sidewalks on either side that left little room for anything else. Mayor Randels pointed out the anticipated plan would incur drainage. Mr. Boucher explained the design intent from Kings Rental north to George King Blvd. The middle turn lane design had 33 -feet of travel width from a total of 60 -feet. Some altematives for the middle turn lane design were: three, 11 foot lanes, one north/ south and one in the middle, all at 11 -feet, or two, 12 -foot travel lanes and one, 10 -foot center lane. However, Mayor Pro Tern Hoog questioned the extra footage to which Mr. Boucher replied that this was the engineer's recommendation. Mr. Boucher reported an estimated cost of $1.366 million. He stated that until a City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 15 of 18 permit was submitted to St. John's River Water Management District, the discussion of drainage was uncertain. Mr. Boucher informed that the project was on hold at 30 percent and he had a meeting on March 13th with the County to discuss the impact fees and prepare for the intersection signalization project. Mr. Boucher replied to Mayor Randels that the plan was to complete the intersection project first. Mr. Petsos referred to previous discussion on the middle turn lane project, to keep the two lanes and perhaps even narrow it and install stop signs. He referenced a letter that the City received from a woman who expressed the same concept. Mr. Petsos expressed his view that the road was used as a thoroughfare to the Port. He said that he would like to see the Council pursue the stop sign venue. Mr. Petsos pointed out that the City was enhancing traffic flow to the Port rather then for the citizens. A resident stated that if the stop signs were installed, the Council could still implement the center turn lane. Mr. Petsos pointed out that with the installed stop signs the traffic would be mitigated to the Port and there might be no need for a middle turn lane. Mr. Nicholas pointed out that there was traffic egress from the developments adjacent to the road. He expressed that the center turn lane was vital to egress. Ms. Roberts expressed how the City Manager hoped to obtain an architectural rendition of what North Atlantic would look like at different scenarios. She also related that Mr. Petsos had mentioned that the Council received input from citizens on the two lane approach with emphasis on the pedestrian/ bicycle concept on either side, and also the beautification of the street that would take place with the two -lane versus the three -lane approach. Ms. Roberts said that she anticipated hearing from the community on what they proposed in the same manner that was done with the Ridgewood Avenue project. Mr. Nicholas pointed out the ingress/ egress locations: Villages of Seaport, Oak Park, and Solana that were very near each other. Ms. Roberts related on how people use the Shorewood entrance/ exit as a traffic turnaround on North Atlantic Avenue. Ms. Roberts asked if this would impact any of the County funds. Mr. Boucher replied that the County funds were dedicated paving funds, so if the City kept the two -lane road and resurfaced it, the funding was available. The landscaping funds would come from the Beautification fund. However, if a middle turn lane were installed with six -inch sidewalks on either side, then there was no room for beautification. Mr. Boucher concluded that he would speak with the County in order to obtain some mock -ups on the results of a two -lane and three -lane approach and report back to the Council and proceed to a town meeting for input on the project. Council directed the City Manager to put the project on hold in order to acquire storyboards for the project City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 16 of 18 2. Staff Building Official • Mr. Morley reported that the City received an Appeal from the Torpy Group on the Building Official's decision on Coastal Fuels. City Clerk • No report. City Attorney • No report. AUDIENCE TO BE HEARD: There was no public comment. 3. City Council Council Member Shannon Roberts • Ms. Roberts asked if there was any status report from the contractor on the potential savings that the City might achieve in cooperating with Cocoa Beach on r the Ridgewood Avenue project. Mr. Boucher replied that he had to cancel his meeting with the County due to a family emergency. • Ms. Roberts mentioned to the Council that she received feedback from the community on why Appeals did not come before the Council. She mentioned this for consideration of a process change where an appeal of the decision by staff would come to the Council such as the Coastal Fuels issue. Ms. Roberts expressed the concern from the community that the elected officials should hear the concern versus the Appeal proceeding to the Board of Adjustment. Ms. Roberts raised the point to consider a process change in the future if the Council found it appropriate or at least to discuss it. • Ms. Roberts asked for the scheduled date for the Visioning Session which would include a Master Calendar of events as part of a new process. Mr. Boucher replied that planning was in progress. • Mr. Roberts brought out that the meeting with Mr. Bill Parsons, Kennedy Space Center Director, was postponed due the launch scheduled for March 15 Since the launch was postponed until the end of April, she requested to reschedule this courtesy meeting. Mr. Boucher replied that she could meet with him and choose a date. • Ms. Roberts asked if there were any feedback on the property purchase for the City in terms of its options, such as the David Kabbord property. Mr. Boucher replied that the Appraisal was in progress. • Ms. Roberts asked if the appraisal on the Fire Department had begun. Mr. Boucher replied that two Appraisal firms began work as of today. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 17 of 18 • Ms. Roberts referred to earlier materials on additional pedestrian crosswalks on State Road A1A. She related on the difficulty in how a pedestrian and a person with a bicycle attempted to cross the road at two separate locations in the City where there were no crosswalks. Ms. Roberts raised the questioned of sufficient crosswalks. Mr. Boucher replied that the City requested the Brevard County Metropolitan Planning Organization and the Florida Department of Transportation every year to address this concern; however, the reply was that the crosswalks were unwarranted. • Ms. Roberts related that she observed a disabled person using a cane at one of the City's bus stops and she wondered if the City could have any influence on acquiring seating at the bus stops. • Ms. Roberts pointed out that she did not see any advertisement in the Community Celebration regarding input from the community on the Comprehensive Plan. She expressed that this was an opportunity for advertising for it. • Ms. Roberts referred to the Beautification Board's letter to the Council regarding the purchase of a gift for Vila do Bispo. She expressed the thought to consider at a future Council meeting what gift the City would send and perhaps if there was a less costly alternative. Mr. Boucher replied that the memo that he provided was a recommendation to ship the manatee. Ms. Roberts said that in their letter the Board related that the Council could consider something along the Sun, Space and Sea theme unless the Council preferred to send the manatee. Mr. Nicholas stated that one of the alternative suggestions was perhaps a rendition of the City seal that could be placed in the park in Portugal. Mayor Pro Tern Hoog reminded that Vila do Bispo received a City seal during the Mayor's visit and Mr. Boucher affirmed that it was placed in their Council Chambers. Ms. Roberts raised the question of the gift for Council's discussion and to gain resolution. Mr. Nicholas requested that this be placed on the Agenda. • Ms. Roberts inquired on behalf of the residents of Solana on the River on the status of the Center Street gazebo. Mr. Boucher replied that he believed the contractor was in the permitting process and he would obtain the status and E -mail the Council. Mr. Nicholas concluded that the orange mesh protective fencing around the project might be an indication of slab pouring Council Member Nicholas • No report. Council Member Petsos • Mr. Petsos inquired about the soccer field. Mr. Boucher replied that the irrigation leak was repaired. He stated that he desired to get input from those using the field. Mr. Petsos stated that his concern was the irrigation problem. • Mr. Petsos asked if the City Manager had any report from the Port or Ron Jon's about the Ron Jon resort. Mr. Boucher replied that he had no status report at this time. • Mr. Petsos asked if Mr. Gardulski or Mr. Ratliff planned to have a display about the mangroves at the Community Celebration. Mr. Boucher affirmed. City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 18 of 18 Mayor Pro Tern Hoog • No report. Mayor Randels • Mayor Randels informed that Mayor Pro Tern Hoog would throw out the first ball of the season at the Little League Opening Day on Saturday, March 10"'. • Mayor Randels related on how he participated in an American Legion ceremony that recognized four chaplains who relinquished their life preservers. In the story of the SS Dorchester, four represented faiths went down with the ship that was torpedoed and each one of the faiths was acknowledged during the ceremony in a moving tribute. • Mayor Randels acknowledged a thank you from the League of Women Voters to the City for their support in buying 500 of the new Legislative Contact pamphlets. • Mayor Randels referred to an advertisement for a four - bedroom, three- bathroom residence in the City that was selling in light of the City's intent to phase out the weekly rentals. • Mayor Randels recognized that he heard from Howard Marlowe of the American Shores and Beach Preservation informing that there was $250,000 in the President's budget at the national level for the Brevard County mid -reach Florida. • Mayor Randels reported that he and the City Manager attended a Redevelopment Conference in Orlando at which the Florida Lt. Governor was a speaker. The conference provided information for municipal redevelopment plans. • Mayor Randels referred to the letter that the Council received from a resident that related to slowing down traffic on North Atlantic Avenue. • Mayor Randels explained in order to address a previous question from Ms. Roberts that each City put together their local priorities and Brevard County took their concerns to the Florida League of Cities as combined priorities. • Mayor Randels referred to a marketing video that the City put together some years ago and had discussed renewal in March 2002; however, the item was tabled. Mayor Randels said that this might be something for future discussion. ADJOURNMENT: There being no further business the meeting adjourned at 9:40 P.M. Rocky Randels, MAYOR Susan $!f1Is,_CMC, C1rY CLERK