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HomeMy WebLinkAboutMinutes 07-18-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 11 Polk Avenue, Cape Canaveral, Florida TUESDAY July 18, 2008 7:00 PM MINUTES CALL To ORDER PLEDGE of ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director City Planner City Engineer Burt Bruns Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Ed Gard u lski Todd Peetz John Pekar Due to the absence of Representative Bob Allen at this time, the Chair permitted for the audience to be heard. Mayor Randels acknowledged those from Solana Lakes, Solana Shores and Shorewood Condominiums who desired to speak at this time. Ms. Anders, a retired Attorney, addressed the Council and listed her background with the Attorney for the Planning and Zoning Office in Maryland, Division Chief of General Law with the Federal Highway Administration and also served as Minority Counsel under Senator Lloyd Benson of Texas. She taught laver for engineers at George Washington University and wrote several expert papers. Ms. Anders requested for repeal on City code section 11 0- 354(c)(5) for liquid petroleum. She stated that the repeal would not allow for any such future special exception applications. Nis. Anders stated that the committee has 464 signatures from City of cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 2 of 12 City residents to request repeal of the existing Special Exception code provision. She outlined the reasons for the repeal as: 1 } serious safety hazards, health concerns, and property damage that new tanks would create, 2} this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance, or prosperity instead does just the opposite, 3) it would provide a permanent solution as no company, includin g Coastal Terminals LLC, could come back in two or three years and put us through all of this again, and 4} in our view, the present requirements are virtually standardless and are thus arbitrary and capricious and constitute the creation of a public nuisance. The special exception allows the storage of liquefied petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light view, noise, or pollution purposes. There are no special standards to be met other than the Fire prevention code and that petroleum products in excess of 3,000 gallons be in an established fire district. The City is far too developed to allow this situation to continue. The existing tank farm was first implemented about 50 year ag and the last request for a 9 q special exception to construct more tanks was granted in 1990. At that time, Coastal was told no further expansion would be allowed. However, the City did not address this issue in its zoning ordinance in the interim 10 years. None of the condominiums, town homes resort of Cape Caribe or other residential homes was in existence in 1990. B contrast Y f the picture I am holding shows how many residents now live too close to the existin tanks. We cannot image how the city let the high dense residential uses be developed in � P so close to existing tanks. I am sure you know that under your existing zoning, fire 9 g, a works store and adult entertainment must be no closer than 1,400 feet from residential zones. But it is ok to have tanks holding 5.3 million gallons of gasoline each, direct! abutting developed residential property? This is outrageous! Many of the existing tanks are already within 200 to 900 feet of our newer high density ty residential buildings. (Note the property lines which are even closer. When we bought ht our g homes, we had the right to assume that the City was looking ut for our health safety, ty, and welfare and would not have allowed these residential developments to be constructed otherwise. We were dumb and happy. This issue has awakened e us to the fact that w are residents of the City of Ca . ... tY e P Canaveral, and we have rights and responsibilities also. We do not want any other residents of this City to go through what we have gone through with this scary proposal. g ryP P The more we learned, the more we found out that the right hand does not always know g Y what the left hand is doing on this issue. Worst of all, the residents have been left out of the loop. We are not even required to receive written notice of such proposals. Vile find . P P that unbelievable. Some of us in Solana Lake received written notice and some did not. We all own property within 500 feet of this proposal because we are all condominium owners. Likewise, no written notice has been received announcing he postponement of . • �n g P P the current special exception proposal u August 9 . Vile learned of the postponement • ■ by word of mouth. This, we are told, is because notice is a courtesy only Y City of Cape Canaveral, Florida City Council Regular Meeting July 1 8, 2006 Page 3of12 It is our view that a notice cannot be a courtesy when safety, health, and property rights are being affected. It is a due process requirement under the 5� and 10 amendments to the Federal Constitution. You need to fix this as soon as possible. The State Department of Environmental Protection does require a public notice in the newspaper, but no wonder no one noticed when it was published in April of this year. The company name in the notice was the parent company, TransMontaigne, Inc. and not coastal Terminals LLC. The public notice only said it was for a permit to construct storage tanks 30 and 31 at a certain Cape Canaveral address and "that the facility is a source of air emission" What does that tell us? Hoer misleading can a notice be? The City and everyone up through the State government has a duty to keep us informed in a responsible way of matters affecting our homes, our property values and our lives. For example, through this exercise we discovered that we did not even know of evacuation routes in our community if a disaster occurs. Maybe the City and the Fire Department know, but they forgot to tell the people who live here. To give you an idea of disaster, my sister Joyce Rosemary is with me tonight and would like to share with you what it was like to live through a tank explosion in Torrance California in 1937. Ms. Joyce Rosemary recalled that the blast was more severe than a comparable earthquake. She said that the car windows of every car within a one -mile radius shattered with the drivers still present in them. Ms. Rosemary informed that residents within their homes; however, were out with shattered glass. Ms. Anders concluded her presentation and once again requested a repeal of City code section 110- 354(c)(0) and that the City place a moratorium on any new special exception applications for liquid petroleum while the Council deliberates the decision and due public notice prior to any discussion. Mayor Randels explained that public notice would be made within 15 days prior to the next meeting on this discussion. Mr. Nicholas reminded that City code procedures called for the review of any changes to the zoning code proceed to the Planning and Zoning Board first. Ms. Anders requested a moratorium on the issue in order that no further applications are accepted. Mr. Mike Reedy, of 701 Solana Shores, stated that to date there was no support for the proposed tanks. Mr. Reedy stated that first of all, from a Homeland Security standpoint, such tanks were a security risk. He reminded that the City has approved development permits and secondly, he was concerned with transporting fuel in the developed area since these were pass - through tanks. Thirdly, Mr. Reedy expressed that his property values would decrease due to the proposed adjacent fuel tanks. Lastly, he expressed to have Coastal Fuels move its facility to another location if the Environmental Protection Agency would approve lt. Mr. Reedy thanked the Council for the time to express his views. Mayor Randels called for a brief recess. City of Cape Canaveral, Florida City Council Regular fleeting July 18, 2008 Page 4 of 12 BOARD INTERVIEW: Kelley Sweet Jensen, Community Appearance Board Mayor Randels called on Ms. Kelley Sweet Jensen to interview for the Community Appearance Board. Ms. Sweet Jensen affirmed that all of the information in her . application was true and correct to the best of her knowledge. She stated that she worked on a similar aesthetics Board in Los Angeles County, California on the Shadow Hills Property Board. Ms. Sweet Jensen stated that this Board was one in which she had experience. She replied that she has experienced in working with diverse groups. Mayor Randels acknowledged Mr. Bob Guido from the Trust for Public Land (TPL). Mr. Guido thanked the Council for the opportunity to speak and explained that the TPL's mission was to improve quality of life in communities, to preserve historic places and natural areas and to help communities create parks. He stated that Carver Cove was a little less than 4 acres with potential to create a park. Mr. Guido explained that the TPL would assist the City to seek and apply for grants. He commended the Council on its citizen's survey and noted that 22 percent of its residents desired more green space which was TPL's purpose. - PRESENTATION: Grant Award, Representative Bob Aden Mayor Randels introduced State Representative Bob Allen who presented another successful grant award from the Florida Department of Environmental Protection and the Division of Recreation and Parks for $112,500 to Ms. Nancy Hanson, Recreation Director, for Cape Canaveral City Park. Legislative Update, Representative Bob Allen Representative Allen said that this forum provided an opportunity for him to address the Council and provide State legislative information for Canaveral residents. He informed that the State budget was $72 billion this year with an additional $4 billion. Representative Allen informed that the $2 billion was reserved. He explained that the $2 billion dedicated to storms; however, was non - recurring. Representative Allen reported that the non- recurring was spent on one time occurring projects such as the widening of Interstate 95 that would begin earlier than the 2011 anticipated date. He reported on a new traffic interchange on the Pineda Causeway south of Wickham Road that would assist with evacuation. Representative Allen informed that education spending was increased by1 1 percent. He reported on the implementation of more tax holidays and the removal of the intangibles tax that would allow for asset transfers without taxation. He also informed that the Eminent Domain law passed that would not allow governments to take land from one party for an economic development purpose and give it to another for the same reason. City of Cape Canaveral, Florida City Council Regular Meeting .duly 18, 2006 Page 5 of 12 Representative Alien stated that the citizens of Florida would have the opportunity to vote on this issue as . a referendum to the Florida Constitution. He reported that the Clean Ocean Act did not pass; however, he followed up with the Mayor's suggestion to seek AJT & Associates that clean biosolids. Mayor Randels commended Council Member Buzz Petsos and Commissioner Tony Basso from Cocoa Beach for spearheading the clean ocean efforts through the Florida League of Cities. Representative Allen reported that the shuttle was scheduled to cease launch in 2010. This would decrease the space industry workforce by 7,000 to 8,000 people. He stated that Florida was well able to remain competitive with other states for space industry programs. Representative Allen reported that the water desalinization program was underway. However, the Governor vetoed the oceanographic institute; however he did not veto the ground study. He noted shared grant funding available for the various components of this program. - Representative Allen concluded his report on the insurance issue. He acknowledged the need for a careful balance between insurance companies and Florida residents in order not to cause either to leave the State through over regulation for the industry or the inability to pay the premiums for the residents. Representative Allen noted that the property tax equation was also beginning to outpace mortgages and he related the request for more homestead exemptions. He thanked the Council for an opportunity to speak and asked if there were any questions. A resident asked Representative Allen why she was paying to bail out Citizens insurance if the State had such a surplus in revenue. Representative Allen stated that he voted against the Bill for relief to Citizens insurance for its $1.7 billion deficit. He explained that the $2 billion of additional storm revenue was not considered in the Citizens Insurance relief effort. He informed that every Floridian would be taxed on insurance holders and encouraged residents to speak out about their increased insurance premiums during the next Legislative session. Mr. Petsos thanked Representative Allen for his efforts on the homeowners issues and grant funding. Ms. June Smith asked who would own the desalinization facility. He explained that the desalinization plant would become a consortium as a utility. Representative Allen expressed that by 2025, water supplies in local reservoirs may become insufficient to meet consumer needs and the task was to find altemative sources before that time. Mayor Randels presented Representative Allen a plaque for his assistance in the City obtaining a left tum lane traffic signal on State Road Al A and W. Central Blvd. CONSENT AGENDA: I- City Council Regular Meeting Minutes of June 20, 20060 2. Emergency Repair of sewer Lift Station 3 in the Amount of $12,200. City of Cape Canaveral, Florida City council Regular Meeting July 18, 2006 Page 6 of 12, 3, Emergency Repair of Two Variable Frequency Drives in the Amount of $13,500. 4. outdoor Entertainment Permit for National Night taut, Community Event to be Hold at cape View Park on August 1, 20060 Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve consent Agenda Items No. 1 through 4. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: S. Motion to Approve; Ranking of Audit Firms. Ms. Andrea Bowers recognized the Audit Committee: Mr. Bruce Collins, Ms. Shannon Roberts, Mr. Craig Stewart and Susan Stills, City clerk. She explained that a Request for Proposal was prepared and two proposals were submitted; Berman and Hopkins and McGladrey and Pullen. Ms. Bowers stated that Ms. Yvonne Clayborne was present on behalf of McGladrey and Pullen, formerly known as Bray, Beck and Koetter. Mayor Randels commended the city Treasurer for the comparative analysis. Ms. Clayborne informed that she began working with the City's audit in September 2001; however the firm performed the city's audit since 1996. She informed that the name of the new firm is McGladrey and Pullen, part of the RSM McGladrey family, and_ ranked fifth in the nation with an International component. Nis. Clayborne explained that although Bray, Beck was purchased in October 2005. However, for legal reasons, the audit practices chose not to fully integrate into the new company until the summer due to, 1) legal ramifications to the partnership agreement, and 2) to the audit requirements to ensure that the same audit policies and procedures existed prior to merging with McGladrey and Pullen. She concluded that an audit not only provides a snapshot of the City's financial position, but also an opportunity to provide consultative recommendations. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Ranking of the Audit Firms as Recommended by the Audit selection committee. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr, Petsos, For and Mayor Randels, For, 6. Motion to Approve; Proposal from Filter One USA to Rebuild the Wastewater Treatment Plant Bar Screen in the Amount of $28,857. Mayor Randels explained this as a budgeted item of $15,000 with an appropriation of an additional $13,857 to fund the project. The vendor is a sole source authorized provider for the Parkson Bar Screen. Ed Gardulski, Public Works Director, replied to Mr. Petsos that closer review disclosed the need for more parts. City of Cape Canaveral, Florida City council Regular Meeting July 18, 2006 Page 7 of 12 A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve the Proposal from Filter one LISA to Rebuild the Wastewater Treatment Plant Bar Screen in the Amount of $28,857.. The motion carried 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For, 7. Motion to Approve: Condition Assessment Report on the Wastewater Treatment Facility by Brown and Caldwell Engineering. Mr. Marco (Mike) Rocca and Ms. June Smith presented a Wastewater Treatment Facility Condition Assessment Report. Ms. Smith informed that she is the Cape Canaveral Client Service Manager. Ms. Smith stated that the Assessment Report did not include any off -site component. She summarized that the four report components as: 1 ) to assess the condition of the major plant process components, 2} to determine the anticipated life expectancy of each major component, 3) to identify maintenance cost for each major components, and 4) to develop a replacement schedule. Ms. Smith reviewed the Assessment Management Maintenance plan and noted that some identified major repairs were not budgeted expenses. Ms. Smith called for an annual recommended funding program with built -in components for regular repairs and replacement over a scheduled time. She concluded that $454,090 per year would fund the plan. Mayor Randels asked if equipment age was factored into the funding plan. She explained how the firm planned to implement a system of refurbishment along with replacement. Mr. Rocca replied that one of the tables in the report displayed the funds needs. He stated that items for expansion were eligible for impact fee funding. Ms. Smith replied to Mr. Bruns that the reclaimed water was not part of the distribution system. She informed that during the permit renewal process, she found that the Apricot Rule would apply and if the City could use 75 percent of its reclaimed water then the system could be augmented through other sources. She noted how the city was previously headed toward increased percentage of use. However, due to a broken tank and Cocoa Beach's decline in their consumption, the percentage of use decreased. Ms. Smith recounted the percentages since 1999. Mr. Boucher commented on the report's usefulness as a maintenance reference tool. A motion was ' made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Condition Assessment Report on the Wastewater Treatment Facility by Brown and Caldwell Engineering. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog,' For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. Mr. Nicholas requested to he excused from the meeting. {9:10 P.M.] City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 8 of 12 5. Motion to Approve: Proposal from Brown and Caldwell to conduct a Wastewater Rate Study in the Amount of $ Mayor Randels questioned how the firm would address the condominiums that were holding their budget sessions at this time. Ms. Bowers explained that January 1" is an adequate implement date. Mr. Rocca stated that the firm could present a draft-report for approval with an implementation date of within 90 -days. Ms. Bowers noted that the rate structure for commercial property rates would be closely reviewed. Mayor Randels stated that commercial properties pay over 400 percent. Mr. Petsos asked if the Council could anticipate a rate analysis model. Mr. Rocca replied that the model would represent different user class changes. Ms. Shannon Roberts asked if the study would include a timeline and reflect the population increase. Mr. Boucher replied that the rate model was projected five years out. She also asked if the Council would consider not increasing the rates if revenues increased. Mr. Boucher also replied that new growth was indicated in the Building Official's quarterly report. Mr. Rocca explained that percentage indicators could be adjusted prior to making a decision. Ms. Roberts related that with the perception of an increased revenue, a return was anticipated. Mayor Randels concluded that the Enterprise Fund was a stand alone source of revenue. A motion was made by Mr. Bruns and seconded by Mayor Pro "fern Hoog to Approve the Proposal from Brawn and Caldwell to conduct a wastewater 'Rate Study in the Amount of $37,600. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 9. Motion to Approve: Grant Agreement with the Florida Department of Environmental Protection for Replacement Playground Equipment at city Park in the Amount of $112,500. Ms. Hanson explained that the grant elements included removal of the existing equipment, security lighting, a walkway, trees, and replacement with modern playground equipment and fending. She stated that most of the existing equipment was last replaced in 1990. Ms. Hanson reminded that securing a contractor might take a while due to a booming construction economy. She reported that the City received a total of $549,000 in Florida Recreation Development Assistant Program grants within the last seven years. Mayor Randels concluded that the City worked with Brevard County, the Brevard County School Board, and the Kiwanis club to develop this after - hours playground. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Grant Agreement with the Florida Department of Environmental Protection for Replacement Playground Equipment at city Parr in the Amount of $112,600. The City of Cape Canaveral, Florida City Council Regular Meeting July 18, Zoos Page 9 of 12 motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr, Petsos, For and Mayor Randels, For, 'ICS. Motion to Approve: Proposal from Stottler, Stagg and Associates for Survey Services for the Ridgewood Avenue Project in the Amount of $28,500. Mr. John Pekar, City Engineer, stated that the proposal was in support of Mr. Brad Smith for a major streetscape improvement from Central Blvd. to the City limits on Ridgewood Avenue. He explained that two phases of survey plans supported the concept plan: 1) to establish the limits of right -of -way, and 2} to identify smaller components, such as mailboxes and hydrants along the corridors. Mr. Pekar affirmed that Schedule I could be completed within 30 days. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve the Proposal from Stottler, Stagg and Associates for Survey services for the Ridgewood Avenue Project in the Amount of $28,500. The motion carried 4-0 With voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 11. International Property Maintenance code. Todd Morley, Building Official, initiated discussion on the 2003 International Property Maintenance Code [IPMC] and stated that he performed a comparative analysis between it and the city code. He outlined some of the specific reasons for the new code and expressed that this is another set of tools for building maintenance and code enforcement. When he spoke on screening, Mr. Petsos noted that not all homes have screening. Mr. Morley stated that the City code does not call for removing the door from a refrigerator at time of disposal. Mayor Pro Tern Hoog stated that law enforcement does cite this as a violation. Mr. Morley informed that the IPMC set a standard for overcrowding. He replied to Mayor Pro Tern Hoog that the code could only be enforced if staff were invited in the residence. Mayor Pro Tern Hoog expressed his disfavor with the IPMC since the first discussion stating that a person would have the ability to regulate areas outside the scope of an inspection. Mr. Bruns cautioned that any succeeding Building Official would have the potential to abuse the provisions. Mr. Morley related that he reviewed the list of acceptable provisions with a former Council Member and asked if the Council desired to review that list. Mr. Petsos stated that some provisions could also be added. Ms. Bowers stated that tenants have the ability to seek a remedy due to landlords. Mayor Randels sought consensus on the favorable provisions. Mr. Morley stated that some provisions would not apply to the city of Cape Canaveral, but a larger City. Mr. Morley asked the City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 10 of 12 Council to review the IPMC and identify the provisions that they favor and cross out the provisions that want to eliminate. A motion was made by Mayor Randels and seconded by Mr. Petsos to extend the meeting for an additional 15 minutes in order to conclude business. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: Add-on items: 12. Motion to Adopt: Resolution No. 2005 -23; Final Replat of Villagio Townhomes, Lots 1, 2, and 3, Block 'I of Avon by the Sea on the East Side of North Atlantic and South aide of Washington Ave, Ron Wallen, Applicant. Mayor Randels read Resolution No. 2006 -23 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "VILLAGIO TOWNHOMES "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE, Mayor Randels stated that the Council's task was to accept the Board and staffs recommendation. Attorney Garganese stated that generally setback requirements are not indicated on the plat. Todd Peetz, City Planner, explained that setbacks are not part of the plat review process. Attorney Garganese explained that the Florida Statutes were followed on platting and setbacks were not stated on a plat. Mayor Pro Tern Hoog disclosed that he was the Electrical Contractor on the project and he submitted a Conflict of interest Form to the City Clerk. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Resolution No, 2008 -23. The motion carried 3-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, Abstain; Mr. Petsos, For and Mayor Randels, For. 13. Motion to Adopt: Resolution No. 2006-24; Preliminary Replat of Laws Townhomes, Lot 5, Block 69, Avon by the Sea, East of North Atlantic (A1A) and South Side of Lincoln Ave., Thomas and Nancy Laws, Applicants. Mayor Randels read Resolution No. 2006 -24 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY RE -PLAT of "LAWS TOWNHOMES "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE HATE. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 11 of 12 Mayor Randels stated that all recommendations were submitted. There was no discussion. A motion was made by Mr. Bruns and seconded by Mayor Pro Tern Hoog to Adopt Resolution No. 2006.24. The motion carved 4-0 with voting as follows: Nor. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 'l. City Manager • Mr. Boucher reminded that the next Budget Workshop fleeting on Tuesday, July 25 at 5:30 P.M. Mr. Boucher requested agreement on a Joint Moratorium Meeting with City Council and the Planning and Zoning Board for Wednesday, July 26 at 5:30 P.M. Council Mr. Boucher requested the following issues for the next Planning and Zoning Meeting --1) to repeal the Code Section that allow fuel tanks in industrial areas by Special Exception, and 2} to enact a moratorium until that occurs. Attorney Carganese replied to Mayor Pro Tern Hoog that by eliminating that Special Exception, the City would eliminate Coastal Fuels rights of expansion. He stated that a code change might be challenged in that their option to apply for a special exception would be eliminated; however, there is no entitlement in applying for a Special exception. Discussion continued on allowing the process to proceed to the Planning and Zoning Board. Mr. Boucher stated that he would be out of town as of Wednesday, July '19 and would return on Friday, .July 2'l and Susan Stills would remain in charge. Mr. Boucher stated for the record that the public notices were sent according to the code. He stated that the radius was 500-feet. He stated and affirmed with the Building Official that Coastal Fuels would provide an additional courtesy notice. Ms. Roberts replied that the Solana Shores residents perceived that the notice was not adequate and an effort would be made to contact the condominium associations. Mayor Pro Tern Hoog cautioned about exceptions in the notification process and stated that due diligence in notification was followed. Mr. Boucher concluded that Shorewood and Solana Shores was not within the 500 -foot radius. 2. Staff * No reports. AUDIENCE TO BE HEARD: • Ms. Roberts asked the Council to invite the Business and Cultural Development Board Members to participate on the moratorium issue. City of Cape Canaveral, Florida City Council Regular Meeting July 18, 2006 Page 12 of 12 C; • Mr. Dunn informed that Waste Management instructed his spouse to put a stove in front of their home for pick-up in five days. He found that unacceptable customer service. 3. City Council Council Member Petsos • Mr. Petsos requested to cancel the August 1't Council Meeting due to the National Night Out. Ms. Bowers reminded that a Council meeting was needed to adopt the Resolution on the Tentative Proposed Ad Valorem Rates and State Law required that the meeting be held at 5:30 P.M. and if the County and School Board are holding a meeting, then the Council could not schedule a meeting on the same night. Mr. Boucher recommended Monday, July 31st at 5:30 P.M. Ms. Bowers would check on the County and School Board's meetings. A motion was made by Mr. Petsos and seconded by Mr. Bruns for an Add-On Item and a Motion to Cancel the Regular City Council Meeting of August 1st. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:35 P.M. C:". ..ocaVo.AC---RO"."C:142-1a-d Rocky Randeli, MAYOR Susan Stfitls,_ ITY LE-K' C 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY/, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM FIRST NAME — MIDDLE NAME NAME OF BOARD, f4DUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAI ING ADDRE S THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2.1 _ j 4 WHICH I SERVE IS A UNIT OF: /�.i CITY COUKTY © CITY ❑ COUNTY L3 OTHER LOCAL AGENCY NAME of OLITICAL 5YBt3I'+11SfON: - l, ' DATE ON WHICH T OCCURRED V A!��g r � VOTE MY POSITION IS: 4 �� ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,. council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the laver when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 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- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative;; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.367, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EF F. 1 12000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. j • The form must be read publicly at the next meeting after the form is fled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meebng after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST x -___ �___� hereby disclose that on - _TM -___� --- --- --- - -- - -, 2Q G,4 . (a) A measure came or will come before my agency which (check one) T _- inured to my special private gain or loss; inured to the special gain or loss of my business associate, --------------------------------------------------------- _ inured to the specia gain or l oss of my relative, -------------------------------- inured to the special gain or loss of ------------------------ ------------------------------------------------ , by whom I am retained; or inured to the special gain or loss of --------- ----------------------------------------------------------- which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: r � Isd a r ---- - - ------------ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 C 15JR,I 'T10 M ayor Gry C ounci l � itv Mir. A 4,4L cltv nu V. FUI. lv'C 1s L33r Subject: S olanan Lake request for repeal of Special exception for tanks 4 � a �� v My name is Ruth Anders,(give experience) I am here as a representative of Solana Lake, and all of our neighbors to request that section 11 0-3 54 (c) (6) of the city zoning ordinance allowing a special exception for liquified petroleum tanks be repealed. we know it will not have an effect on the current proposal corning up on Aug. 9th because that proposal would be grandfathered in, but no longer would any other special exception be granted for tanks in this city. we have written petitions from many residents in the city to support this request. I am sure we could get many more but we only had about four days to put this together. Even at that 464 city residents are on our side and i am submitting their names on the petition to you. Our reasons for repeal are: First,the serious safety hazards, health hazards, and property damages new tanks would create. Would you want one next door to you? Second, this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance or prosperity but instead does just the opposite Third, It would provide a permanent solution as no company, including Coastal Terminals LLC, could come back in two or three years and put us through all of this again. and Fourth, In our view, the present requirements are virtually standardless and are thus arbitrary and capricious and constitute the creation of a public nuisance. The special exception shows the storage of liquified petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light, view, noise or pollution purposes. 'there are no special standards to be met other than the Fire prevention code and that petroleum products in excess of 3000 gallons be in an established fire district. The city is far too developed to allow this situation to continue. The existing tank farm was first implemented about 50 years ago and the last request for a special exception to construct more tanks was granted in 1990. At that time, Coastal was told no further expansion - would be allowed. However, the city did not address this issue in it's zoning ordinance in the interim 16 years. None of the condominiums, town homes, resort of CapeCaribe or other residential hones were in existence in 1990. By contrast, the picture I any holding shoves how many residents now live too close to the existing tanks. we cannot imagine how the city let these high density residential uses be developed so close to existing tanks. I am sure you know, that under your existing zo a fire works store and adult entertainment must be no closer than 1000 feet from residential. zones. But it is ok to have tanks holding 6.3 million gallons of gasoline each, directly abutting developed residential property? This is outrageous! Many of the existing tanks are already within 200 to 900 feet of gur no er high density residential bufldings.( Not the property lines which are even closer) when we bought our homes we had the right to assume that the city was looldng out for our health, safety and welfare and would not have allowed these residential developments to be constructed otherwise. We were dumb and happy. This issue has awakened us to the fact that we are. residents of the City of Cape Canaveral and we have rights and responsibilities also. we do not want any other residents of this city to go through what we have gone through with this scary proposal.. The more we learned, the more we found out that the right hand does not always know what the left hand is doing on this issue. Worst of all, the residents have been left out of the loop.we are not even required to receive written notice of such proposals. That's unbelievable. Some of us in Solana Lake received written notice and some did not. we all own property within 500 feet of this proposal because we are all condominium owners. Likewise, no written notice has been received announcing the postponement of the current special exception proposal until Aug. 9. we learned of the postponement by word of mouth. This, we are told, is because notice is a co urtesy only. Notice cannot be a courtesy, when safety, health and property rights are being affected. It is a due process requirement under the 5th and 14th amendments to the Federal. Constitution. You need to fix this as soon as passible. The state DEF does require a public notice in the newspaper, but no wonder no one noticed when it was published in April of this year. The company name in the notice was the parent company, TransMontaigne Inc. and not Coastal Terminals LLC. The public notice only said it was for a permit to construct storage tanks 30 and 31 at a certain cape canaveral address and " that the facility is a source of air emissions" what does that tell us? How misleading can a notice be.? The City and everyone up through. the State government has a duty to Deep us informed . in a responsible way of matters affecting our homes our property values and our lives. For example, through this excercise we discovered that we did not - even know of evacuation routes in our community if a disaster occurs. Maybe the city and the fire department know, but they forgot to tell the people who live here. To give you an idea of disaster, my sister Joyce Rosemm y. is with me tonight and would Eke to share with you what it was like to live through a tank explosion. in Torrance C aiifo rnia in 1987. This concludes our presentation. again, we ask that you repeal the special exception for liquid petroleum tanks. In light Industrial zones. We would also like to request that the city put a rnoritorium on any new tank special exception requests in the interim. We would appreciate notice of your decision as soon as you have had an opportunity to consider it. . :;��';., y as ' ,� ?,.. :•.� "..1.- ... Thank you for attending the: City of Cape Canaveral City Council Regular Meeting Date: July 18, 2006 Please Print Your Name and Address Below and Include your E -Mail Address (if possible) 105 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 Telephone (321) 868 -1221 Fax (321) 799 -3170 — e ccapecanaveral@cfl. A7 flIr11F• /// .iV •� -P L �+`''` r� `: �'' . ��= ` " �� : Y.. ::•..:': :..ice -� ��� a "� ��,� . 7. Thank you for attending the: City of Cape Canaveral City Council Regular Meeting Date.* July 18, 2006 Please Print Your Name and Address Below and Include your E -Mail Address (if possible) 70 4- t 0 A- SAS e r e:S I0_07 _ 40 ct�4e-L . 5 t t, 3 6 0 64 105 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920 Telephone (321) 868 -1221 Fax (321) 799- -3170 e-mail: ecapecanaveral@cfl.rr.com • .71 :.. : . „• .rya „'_ - �::F����• - _. •-:C`�'��:. �• 73 A N pti 14� zrl WK Thank you for attending the: City of Cape Canaveral C ity Council Regular Meeting Date.* July 18, 2006 Please Print Your Name and Address Below and Include your E -Mail Address (if possible) Lo 105 Polk Avenue — P.O. Box 326 , Ca Canaver I P a , FL 3292 Telephone (321) 868 -1221 -� Fax (321) e 739 -317 e-mail: ccapecanaveral