HomeMy WebLinkAboutPacket 04-10-2007 SpecialCALL TO ORDER:
ROLL CALL:
RESOLUTION:
.y of Cape Canaveral
L SPECIAL MEETING
TALL ANNEX
Cape Canaveral, Florida
UESDAY
-il 10, 2006
30 P.M.
AGENDA
Motion to Approve: Resolution 2007-13; In Support of the Letter to the
Florida Department of Environmental Protection, dated March 27, 2007
prepared by Ms. Ruth Anders.
DISCUSSION:
2. Municipal Feedback Questions from Mayor Mike Blake, City of Cocoa.
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public
that: If a person decides to appeal any decision made by the City Council with
respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons with disabilities needing assistance
to participate in any of these proceedings should contact the City Clerk's office
(868-1221) 48 hours in advance of the meeting.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
"Ielephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
RUTH ANDERS
.........................................................................................
8931 Lake Drive #506
Solana Lakes Condominiums
Cape Canaveral Florida, 32920
321 7999649
March 27, 2007
Florida Department of Environmental Protection
Central District
Attention: L.T. Kozlov, P.E.
3319 Maguire Boulevard, Suite 232
Orlando Florida 32803-3767
Dear Mr. Kozlov, P.E.,
I am chairwoman of the Cape Canaveral Citizen's Committee for a Safer and More
Beautiful Community, representing over 500 residents surrounding the existing Coastal
Fuels tank farm. We can provide a petition with names if you so desire. My address may
be used for service purposes.
Many of us reside within 700 feet of the existing tanks. The Solana Lakes Condominiums
and Ron Jon's Cape Ca6be Resort actually abut the Coastal Fuels property lines. There
are town houses along Shorewood Drive that are about 200 feet from existing tanks. At
present, there exists a screen of natural forest between us making the tank farm invisible
from the ground at our home sites. Because of this, most of us did not realize how close
the existing tank farm was until Coastal Fuels asked the city of Cape Canaveral for a
special exception to expand by two more tanks last year.
In August of last year, we testified before the Cape Canaveral Planning and
Zoning Board that the two tank expansion proposal was so totally incompatible with our
residential use that it would constitute a serious safety hazard, a public nuisance, an
unsightly blight and would also severely interfere with the use and enjoyment of our
property. As such, and we still maintain, both disclosed versions of Coastal's proposal
for expansion would amount to an unconstitutional taking of our property without
compensation under the law of eminent domain and under the "Bert J. Harris Jr. Private
Property Rights Protection Act". See chapter 70 of the Florida Statutes.
In February of this year the City of Cape Canaveral repealed the special exception. At
present and since 1983 Coastal Fuels has been a non conforming use located in the
City's M 1 zone. As a non conforming use they cannot expand. At the present time,
Coastal is attempting to appeal to the Cape Canaveral Board of Adjustment from a
decision of the city that the zoning ordinance special exception, now repealed, did not
allow the storage of liquid petroleum. As a matter of fact, the exception applied to
"liquefied petroleum products" only. It is now well understood by the City of Cape
Canaveral officials that such products are not the some as "liquid petroleum products",
the latter of which are the products stored by Coastal fuels. In 1990 the City mistakenly
allowed Coastal Fuels to expand by two tanks under the special exception because it
did not understand that the term did not apply to Coastal fuel's stored materials. The
difference between "liquid" and "liquefied" is well known to the industry, and as such we
believe Coastal had a duty to inform the city of same back in 1990 and failed to do so.
In any event, the city is on record back in 1990 of asking Coastal not to ever apply for
more tanks. As of this date, the Cape Canaveral Board of Adjustment has not made a
decision on whether to allow Coastal's appeal or not.
We received notice of Transmontaigne's ( known to us as Coastal Fuels) request to you
to extend permit no. 0090029 -003 -AC to May 31, 2009 from the Cape Canaveral City
Manager, Mr. Bennett Boucher by email attachment of your letter to Transmontaigne
Inc. dated March 23, 2007 which we received at 11:00 pm on that same day but did not
read until the next morning.
Since we were unaware of the original permit granted by your agency, we would like
answers to the following questions before we petition on the basis of material fact
dispute:
1. The applicant filed for your permit as Transmontaigne, Inc. while their site prior to the
application did not post this name. They are known in the community as Coastal Fuels,
and filed for a special exception with the city under the name of Coastal Fuels. We
believe this may have been an attempt to veil their recognition by affected citizens and
thus deny us due process of law. In September of 2006 we noticed a new sign at the
gate with the name Transmontaigne on it. Were both names disclosed to you in the
original application? They may have merged with Morgan Stanley Capital Group, Inc.
in 2006. Is this disclosed in this latest request?
2. Prior to the time of the original application, the site has had existing groundwater
emissions that, at this writing, have not begun cleanup. Was this fact disclosed to you?
In addition, we believe proof should be required that the existing pollution has been
cleaned up before considering any expansion of this application.
We believe we have a right to know facts like this for our own safety, health and welfare
and thus we are hereby requesting a report from your office on the air and ground
pollution known to State agencies on Coastal's site and the surrounding land.
3. The applicant has presented two separate but equally dangerous designs and
locations to the City of Cape Canaveral. Has this fact been disclosed to you?
4. Liquid petroleum storage is a non -conforming use and has been since 1983 in the M 1
zone where the applicant is located. The special exception that was misunderstood in
the past has been repealed. Were these facts disclosed to you?
5. Either of the proposed locations of the tank expansion would place new tanks less
than 375 feet from multi -family dwellings. Was this fact disclosed to you?
6. A native oak forest would be removed with raccoons, wild peacocks and other
animals living there. Was this fact disclosed to you?
7. Because we were denied our due process rights in this matter, we do not believe we
should have to go to Orlando to review a copy of the change of conditions and any
accompanying materials related to the proposed extension request as stated in your
letter to Transmontaigne, Inc., as copied to the City Manager, who sent us a copy. We
would run out of time before we could prepare a protest within your time limit of 21 days,
if such were the case since we never saw the original application materials.
AS you can see we are unable to tell just exactly what facts you have that we may wish
to dispute that were the basis for your original application approval and that may be
the basis for your approval of the current application extension.
When we receive this information, please use this letter as notice of our intent to petition
your agency for an administrative hearing under sections 120.569 and 120.57, Florida
statutes as persons whose substantial interests are affected by the proposed agency
action.
In the alternative, our demand for relief would be satisfied if you voided the original
permit and rejected the extension request on the basis of the information presented in
this letter, which can be substantiated by the City of Cape Canaveral.
Sincerely,
Signature
Ruth R. Anders
Chairwoman,
Cape Canaveral Committee for
A Safer and More Beautiful Community
CC: Bennett Boucher, City Manager, City of Cape Canaveral
TransMontaigne, Inc. P.O.Box5660, Denver Colo. 80217
Office of General Counsel, DEP 3900 Commonwealth Blvd. Mail Station #35 Tallahassee
A.
Page 1 of 2
Susan Stills
From: Joan Clark oclark@cocoafl.org]
Sent: Tuesday, April 10, 2007 8:46 AM
To: stills-cape@cfl.rr.com
Subject: FW: Proposals to Tax Reform Survey
-----Original Message -----
From: Joan Clark
Sent: Wednesday, April 04, 2007 1:17 PM
To: 'ccapecanaveral@cfl.rr.com';'Ikalahchy@cityofcocoabeach.com'; 'townhall@indialantic.com'•
'jburns@indianharbour.org'; 'skabana@townofmalabar.org'; 'cityhall@melbourneflorida.org';
'townhall@melbournebeachfl.org'; 'tmv@fdn.com'; 'palmbay@paimbayflorida.org'; cityclerk@cityofrockledge.org;
'bboyens@satellitebeach.org; 'Wells, Wanda'; 'info@westmelbourne.org'
CC: 'Michaelblake@bellsouth.net'; Susan McGrady; Ric Holt
Subject: Proposals to Tax Reform Survey
Mayor Blake has asked that each municipality please provide feedback on the following by close of business,
Friday, April 6, 2007. Due to the urgency of this issue, please provide your comments, edits, or additional
solutions to the listing below:
Part 1: Local governments are limited to spending based on CPI and new construction. If the local government
goes beyond that cap, need super majority vote of council. For example, if property taxes are rolled back to 2004
levels, the local governments would be allowed the assessed property values at 2004 levels, with allowances for
new construction as well as the CPI for 2004-2007.
Part 2: Do away with required local school taxes. In its place, impose a 1-2 cent sales tax and enough to cover
"doc" stamps.
Part 3: One time to transfer portability for "Save our Homes" amount if you want to increase or decrease home
size.
Part 4: Assets or appraisals. Property owners have the option to access at the current high and best use
(current process) or the property owner can use the income method to determine the value.
Please provide responses to both of the following email addresses: mblake@cocoafl.org and jclark@cocoafl.org.
If you wish to fax a response, please fax to 637-7203.
Your feedback is important and appreciated.
Joan Clark, City Clerk
City of Cocoa
This electronic message is privileged and confidential material. This message is intended sole
If you have received this communication in error, please notify the sender immediately and dela
04/10/2007