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HomeMy WebLinkAboutMinutes 05-17-2005 RegularCITY COUNCIL REGULAR MEETING CITY MALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May "17, 2005 7 :0a PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present. Mayor Pro Tern Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos !Mayor Rocky Randels Council Member Absent: Council Member Steve Miller Others Presen City Manager City Attorney City Clerk Public Works Director Building Official PRESENTATIONS: Bennett Boucher Anthony Garganese Susan Stills Ed Gardulski Todd Morley School District Representative Bea Fowler Mayor Randels introduced school Board District 2 Representative Bea Fowler. Ms. Fowler reported that she had information on the four area schools: Cap View Elementary school, Roosevelt Elementary School, Freedom 7 Elementary School, and Cocoa Beach Jr. / Sr. High School. Ms. Fowler hoped to provide status on averages based on grading system and national system of no child left behind. She informed that Freedom 7 is an A school and also achieved Adequate Yearl Progress or ii AYP ii status. she reported Cape View Elements cap acity as 599 � p Y City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 2 of 10 with enrollment of 371 students and a projected enrollment of 388 students. The school's capacity is 65 percent of use. The School District has ruled out-of -area assignment for students leaving the school as frozen. In 2004, FIAT scores for Cape view Elementary met the following standards: 88 percent of students received 3 or above, which is passing; in reading, 75 percent passed math and 98 percent met the State standards for writing. In 2005, Grade Three FLAT scores are as follows: 80 percent passed of 49 students tested, 49 percent passed reading, writing scores decreased by .3 percent from 4.0 to 3.7 percent. Ms. Fowler informed that Dottie Richardson is the new principal at Roosevelt Elementary School. Roosevelt is an A School that also achieved AYP. Ms. Fowler explained that concern crust be given to the Title I schools that receive funding from the Federal government and are penalized if they do not achieve AYP by meeting certain FIAT standards. She informed that Roosevelt's capacity is 823 students; enrollment is 533 and projected is 505 students. Roosevelt is 81 percent in use. Ms. Fowler reviewed the 2004 FLAT writing scores for Roosevelt students as: 90 percent passed reading, 85 passed math and 85 achieved the State standards for writing. In 2005 in writing, students achieved 3.7; in math, 97 percent passed of 89 students tested; in reading, 84 percent passed of the same number tested. She informed that Freedom 7 did not achieve AYP; however, Freedom 7 is not a Title I School. Freedom 7 is an A school with a capacity of 470. The enrollment is 429 with a projected enrollment of 430 students. Freedom 7 is 91 percent in use. The 2004 scores are as follows: 98 passed; in math, 97 percent passed; in writing, 97 percent of the students met the state standards. In 2005, the writing in average is 4.2. In Grade Three, 95 percent of the students passed with 55 students tested. In reading, 93 percent of the students passed of the same number tested. Ms. Fowler informed that Mr. Tim Cool is the new principal at Cocoa Beach Junior/ Senior High School. The school did not achieve AYP in 2004; however, it is not a Title 1 school. The school has an A status. The capacity is 1,312; enrollment is 1,465 with a projected enrollment of 1,51-0. Cocoa Beach Junior/ Senior High School is 115% over - enrolled and out -of -area assignment is subsequently frozen for seventh and eighth grade students. Ms. Fowler reviewed the 2004 FCAT scores as follows: in reading, 71 percent of the students passed; in math, 87 percent passed; 97 percent of the students tested met the State writing standards. Of the 1,004 students tested in reading, from grades 7 through 10, 793 students passed in reading. In writing, Cocoa Beach students achieved a 4.0, one of the highest scores in the county. Ellis. Fowler related reading statistics from other Brevard county High schools and stated that Elementary schools are performing significantly higher in scoring. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 3 of 10 Ms. Fowler stated that the School Board expressed past concern with Cape view Elementary School enrollment. She informed that there are 38 Cape View students at Freedom 7 and 138 students from Cape View at Roosevelt. She explained that this enrollment impacts the overall enrollment count for Cape View's attendance. Ms. Fowler stated that there is a pending $713 million proposed School Board facilities plan. She reported on the funding breakdown as follows: 4.6 million of improvements for Cape mew including a new building addition for the media center. At Freedom 7, $2.5 million for General Improvements, $3.8 million for Roosevelt for their Sports Facility and other General Improvements. Ms. Fowler reported that $16.4 million is proposed for Cocoa Beach Jr. / Sr. High School to include technology improvements, competitive sports facilities improvements and a theatre. Mayor Randels spoke on enrollment at cape View Elementary School and noted that it is a Title 1 school and- subject to Adequate Dearly Progress. He informed that the city employees mentor in reading at Cape View Elementary and he also asked if any of the Elementary Schools have a School Resource officer. Ms. Fowler affirmed that Resource officers are used and at times, shared at the Elementary School level. (11'lr. Morgan replied that there are noted problems at Cape View School. Ms. Fowler noted that in using a School Resource Officer, some of the principal's authority is shared with that officer. Ms. Fowler expressed that she was unaware that cape Canaveral shared in the School Resource Officer for Cocoa Beach Jr. /Sr. High School. Mayor Randels explained that the city pays in relation to the number of students from the City present on the High School campus. Ms. Fowler explained some of the disadvantages of using a School Resource Officer. She related that a Resource dicer administered the Baker Act on a seven- year --old boy who was not allowed to see his mother for several days. She also related that at the High School level, one student reported a death threat from another student to a Resource officer who was unresponsive. Ms. Fowler stated that in these two instances, the principal's authority was bypassed. She expressed that Resource officers are trained to deal with criminals, not young children. Mr. Morgan replied that the Community Policing officer currently used is effective. Mr. Petsos related that he supports the use of a School Resource Officer at the Elementary School level to help to introduce Law Enforcement in a positive manner. Mr. Petsos inquired about the plans regarding portables. Ms. Fowler replied that several classrooms are included in the theatre plans; however, she would inform the facilities manager of Mr. Petsos' concern. Ms. Fowler related that the School Board anticipated student relocation once the new High School is completed in Viera. A resident asked if someone trades the student population with regard to student enrollment. Ms. Fowler replied that each year the School Board compiles data on current enrollment to reflect utilization and publishes enrollment projections. Mr. Leo Nicholas questioned why Elementary Schools outpaced the High Schools in City of Cape Canaveral, Fionda City Council Regular Meeting May 17, 2005 Page 4of10 reading scores. Ms. Fowler replied that in 1998 and years prior to that, students graduated with low reading scores. she stated that the A -talus plan initiated in 2000 provided needed reading score attention to the Elementary School students. Ms. Fowler expressed the opinion, along with enrollment statistics, that area high schools are too large and students do riot. receive needed attention. Mayor Randels asked if Cape View Elementary would benefit from becoming a School of Choice. Ms. Fowler replied that cape View Elementary experienced a high mobility rate; however, she related the School of Choice concept to the Superintendent. Ms. Fowler replied that a letter from the City to the School Superintendent on the concept of cape View transitioning to a Magnet School or a School of Choice would be in order. she explained that Robert Louis Stevenson in Merritt island is currently a school of choice and its success was being monitored prior to creating another type school through cape View. Ms. Fowler informed that the Step Forward Program of 2003 helped the Title I students to begin earlier in order to accommodate the Achievement Gap experienced by minority students. Ms. Fowler thanked the council for their time. Legislative Update, State Representative Bob Allen Representative Allen reported on a successful Legislative Session. He reported on a $63.5 billion state budget with a $3-4 million increase. A portion of the increase was from recurring revenue as well as sales tax from the hurricane efforts. Representative Allen stated that the Growth Management Budget and the Growth Management Act was initiated at the end of the session. He stated that schools, roads and water are growth management priorities. He also stated that rulings on annexations did not pass to establish enclaves in municipalities or to give Charter counties authority over cities. Representative Allen reported that School funding was $27.3 billion of the $53.5 billion overall budget_ He pointed out that cape Canaveral's strategic visioning is relevant to growth management. Mayor Randels related how the City has been successful in acquiring matching grant funds for capital projects. Representative Allen related that the Florida Constitution was previously more lenient in its use of the petition process to amend its language. He stated that a new threshold of 00 percent is required for an item to proceed toward constitutional amendment. Representative Allen informed that he voted against the insurance amendments. He explained that the Hurricane Insurance Act was insurance industry protective and not consumer friendly. He related that the option to purchase insurance that is based on consumer choice is costly once the total package is summed up. He also pointed out that separate coverage products did not allow for total coverage since wind and flood coverage are purchased separately. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 5 of 10 Representative Allen concluded with the intangible taxes and said that Florida plans to sunset the intangibles tax. He informed that hurricane preparation items would be tax-free from June 1 --12. Representative Allen related on the success of the back -to- school purchases tax-free days and said that the time period would extend by an additional nine days in 2005. Representative Alien concluded with the space Program and reported that speaker of the House Allen Binns appointed hire Chair of the Space Port and Technology Program Committee. He informed that the committee has a 3 million budget to help Florida's space - related contract teams. Representative Allen explained how proposed employment programs would help to transition space industry workers who are beneficial to the area economy. He informed that Florida did not acquire the Shared Services Center and, thereby lost a revenue stream. Representative Allen stated how Florida is still actively engaged in space - related programs. He stated that he and Governor Bush met to uncover the space industry items that could be passed by Executive order. A resident asked how a resolution is placed on the ballot and asked if the procedure to get a bill on the ballot would remain the same. Representative Allen replied that there were procedural changes in that the signatures provided and signature takers must be Florida based. He explained that an equal percentage of the 27 Congressional Districts must agree before the item is placed on the ballot. Mr. Shawn Schaffner asked about the gaming ships sewage dumping and inquired about the process for changing what is currently done. Representative Allen replied that Ports are subject to the three -mile limit and this situation would be addressed in the upcoming session. He stated that Florida law could initiate more stringent shoreline restrictions to benefit coastal communities. Mayor Randels informed that Representative Allen acquired $8 million for a new Public Health Center. He also acquired $364 to offset the tax loss due to hurricane property damage. Mayor Randels informed that Representative Allen is also working toward a desalinization plant in the Port area_ Representative Allen summarized how the project would decrease the use of the Orange County aquifer. BOARD INTERVIEWS: Shawn Schaffner, Planning & Zoning Board Mr. Schaffner responded to Attorney Garganese that all of the information on his application was true and correct. He stated that his interest in serving on the Board was based on observed growth in the City. Mr. Schaffner replied that there was no Conflict of Interest in him serving on the Board. Mayor Randels replied that a Resolution to appoint him to the Board as an Alternate Member would be placed on the next City Council Agenda. City of Gape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page S of 10 Harry Pearson, Construction Board of Adjustwnt and Appeals Ms. Harry Pearson responded to Attorney Garganese that all of the information on his application was true and correct. He replied that he served as City Engineer in Waterloo, Iowa. He explained that he has written construction specifications and was licensed in both Iowa and Arizona. Mayor Randels explained that the Board addressed any Appeals of the Building Official's decisions; however, there have been few Appeals to date. Mayor Randels noted that Mr. Pearson's first choice was the Code Enforcement Board and told him that he would be contacted when a position became available on that Board. CONSENT AGENDA ' . City Council Regular Meeting Minutes of May 3, 20050 2. Resolution No. 2005 -15; Reappointing Two Regular Members to the Business and Cultural Development Board (Craig Smith and Elizabeth Foy). 3. Proposal from J & S Curb to Construct Sidewalks on the East Side of Poi nsetta Avenue in the amount of $33,665, Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. A motion was mane by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Approve Consent Agenda Items 1 through 3. The vote on the motion carried 4-0 with voting as follows: Mayan Pro Tens, For Mr. 'Morgan, For; Mr. Petsos, For and Mayor Randels, For, CONSIDERATIONS: 4. Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates to Conduct a GIS Land Use Study in the Amount Not to Exceed $11,,000.00. Mayor Randels noted that this item was tabled at the May 3 rd City Council meeting. He listed the Geographic Information Systems functions to include the following: to classify parcels and parcel sizes, to identify existing land use types and locations, to City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 7 of 10 identify density and intensity and calculate units and acreage. Also, this would be the first time the city would generate a map that can display how the City has developed rather than the simple determination of residential or commercial. Ms. Bea Mchleeley, 'Planning and Zoning Board Chairperson, expressed that this study would result in a useful tool for the Board and staff in any number of growth management capacities. A motion was made by Mr. Petsos and seconded by Mayor Pro Terri Hoog to Approve the Proposal from Todd Peetz of Miller Legg and Associates to Conduct a GiS Land Use study in an Amount Not to Exceed $11.000.00. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randeis, For. 5, Motion to Approve: Rescind Settlement Agreement with Mermaid Key, LLC. Mayor Randels explained that Mr. Greene did not agree to the terms of the Settlement Agreement and requested that the city council rescind the Agreement and proceed to the code Enforcement Board. Mr. Boucher explained that Mr. Greene did not choose to accept the terms offered on April 1 9 and Mr. Greene has submitted a subsequent Agreement. Attorney Garganese explained that Mr. Greene understood his property to be grandfathered from the moratorium ordinance. Mr. Morley explained that Mr. Greene had no need of a land - clearing permit since he was only removing pepper trees. Attorney Garganese stated that the Settlement Agreement called for two 5 --inch Depth Breadth Diameter trees planted on Mr. Greene's site and three additional trees on city property. Mr. Greene counter- offered with the two trees on his site and $2,000 in lieu of the three Live oak trees and the city has the discretion to plant the trees where it desires. Attorney Garganese reviewed additional conditions for Mermaid Key as: to allow Mermaid Key to continue to remove the noxious, invasive species and mulch them, to allow Mermaid Key to continue to hand dear the perimeter and under the canopy of the noxious species, to allow Mermaid Key to remove the debris of dump rubble and transient material and issue Mermaid Key its fence permit in order to secure the perimeter boundary. Attorney Garganese stated that there are technical changes as well as other conditions of administrative permit issues. He advised the Council to allow these issues to proceed through administrative application process. He stated that in order for the council to entertain Mr. Greene's Agreement Council would need to rescind the previous Agreement. Mr. Morgan asked why the prior Agreement could not remain. Attorney Garganese explained that the terms of the Agreement would need to change due to the $2,000 tree replacement provision. Procedurally, Council could rescind the prior Agreement and allow Mr. Greene to proceed to the Code Enforcement Board. Mr. Morgan, Mr. Petsos and Mayor Pro Tern Hoog expressed that the first Agreement City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2015 Page 8 of 10 was fair and if Mr. Greene did not agree to the original Settlement Agreement terms then the issue could proceed to the code Enforcement Board. Mayor Randels requested to review what Mr. Greene submitted to the Council as of May 12 Discussion brought out that city Council addressed the issue as Mr. Greene requested and provided him a forum for resolution prior to a hearing with the code Enforcement Board_ Discussion summarized that if Mr_ Greene did not execute the Settlement Agreement approved by city Council on May T within 7 days at the close of business on May 2 4 the Agreement is deemed rescinded and the matter will be brought before the code Enforcement Board. Mr. Greene stated that there were errors on the Agreement he received and what he forwarded to the city on May 1: th was more beneficial by offering $2,000 for tree mitigation. He stated that his sole purpose was to remove the Brazilian peppers and to secure an otherwise unsafe site_ He asked the Council to rescind the first Agreement and consider what he submitted. Mayor Pro Tem Hoog inquired about Mr. Greene's expressed mistakes on the Agreement. Mr. Greene replied that the Agreement states that he was included in the city moratorium on landclearing and he stated that he was not included in the moratorium. Attorney Garganese stated that he could amend the second Whereas clause on page 2 of the original Agreement to state that "Mermaid Key erroneously removed protected trees without a permit." An amendment to the Main Motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Amend the second whereas clause on Page 2 of the original Agreement to Read "Mermaid Key erroneously removed protected trees without a permit." The vote on the carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For, Mr= Morgan, For, Mr, Petsos, For and Mayor Randels, For. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos For Mermaid Key to Execute the Settlement Agreement Approved by city council on May 3, 2005 to include the Amended Whereas clause Within Seven ( days by May 24, 2005 or the Agreement is Deemed Rescinded. The vote on the motion carried 4-0 with voting as follows: Mayor Piro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 6. ordinance No. 06 #2005: Amending chapter 110, Clarifying the Intent of R -1 R -2, and R-3 Residential Districts, Preservation of Residential Areas and Prohibiting Transient commercial Uses. Attorney Garganese stated that this ordinance would protect residential areas from short -term renters. He informed that the United states Supreme Court has deemed City of cape Canaveral, Florida City Council Regular Meeting May 17, 2006 Pane 9 of 10 that the protection of a city's residential character is a legitimate government purpose. He stated that each section of the Code would include an intent Section to establish how that residential character is being protected. Attorney Garganese stated that no more than one family unit would occupy each residential dwelling and the city's definition of family is defensible. Mr. Morgan inquired about permitted use by reason of a special exception, such as a home occupation. He stated that the rental of a residential dwelling unit in a residential area for less than seven days would be prohibited. The ordinance language was consolidated and made more understandable and enforceable. He informed that a violations section applied to any real estate agent or broker. Attorney Garganese stated that the substantive change is the specific use of a residential dwelling unit by one family. Mayor Randels said that the existing code reads that four adults, not retated by blood could share a residential dwelling unit and be defined as a family. Ms. Monique Mosclaire stated that she has rented her unit to family members. Mr. Boucher replied to Mr. Petsos that the County is developing regulations for 30--to 6"ay rental options. Mr. Petsos explained that the less than 7-day rental that occurred in the condominiums was beginning to occur in the residential areas. Mr. Boucher requested Council's authorization for the Code Enforcement officer to issue civil citations to violators. He replied that this would provide a more effective regulatory tool. Ms. Mosclaire stated that she has an occupational License and suggested that residential homes register with the City. Ms. Mosclaire expressed that beach cleanup and animals on the beach are of greater concerns. Ms. Joan Morris stated that density and subsequent noise, not the seven (7) day issue rental issue, is the problem. She notified the police six weeks prior, however, she was told that the City did not have a noise ordinance. The city Manager would notify the Precinct of the existing noise ordinance. Mr. Norm Boucher expressed that vacation rentals are predominately owned by people outside of the community who do not have an expressed concern in the City's quality of life. He related that single family residents should not be exposed to the subsequent issues that ensue with transient populations, for example increased litter and debris. He stated that the Council should consider a 30-day rental regulation. Ms. Alice Filteau expressed how some City residents are less concerned with the community than those who visit. she stated that short -term rental is not an isolated issue. Noise or litter might be a more prevalent issue_ Andrea Schaffner asked if this regulation would apply to residential use that has been given a special exception. Mayor Randels replied that the designated zoning would still apply. Ms. Schaffner related how some coastal North Carolina communities have disallowed permanent residency. Mr. Todd Morley pointed out that proving short -terra domicile has been difficult. He related that a violation trend however has been parking and he suggested a green - -space requirement for residential districts. city Council directed the ordinance to the Planning and zoning Board. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 10 of 10 AUDIENCE TO BE HEARD: Ms. Andrea Schaffner questioned the status of beach re- nourishment. Mayor Randels reported that beach re- nourishment ceased due to three dead sea- turtles. Ms. Schaffner reported a noticeable indentation in the sand where the dredging pipe entered the beach. The City Manager replied that equipment would be removed and the sand graded. Mr. Gardulski announced the Public Works Open House and invited all to attend. ADJOURNMENT: Due to the :hour . no further reporting occurred. There being no further business the Cha- ir=-adjourned the meeting at 1 0:05 P.M. Rocky Randel , MAYOR E Susan r r iii , CLERK