HomeMy WebLinkAboutMinutes 04-16-2002 Regular t
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 16, 2002
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Jim Morgan
Mayor Rocky Randels
Mayor Pro Tem Buzz Petsos
Susan Stills, City Clerk
Richard Treverton
Larry Weber
Others Present:
Bennett Boucher, City Manager
Mark McQuagge, City Attorney
(1; Morris Reid, Building Official
Ed Gardulski, Public Works Director
Jim Tuggle, of Waste Management Industries, Inc. who was recently appointed to
Operations Manager introduced himself to the audience and availed his services to the
Council on behalf of the company.
CONSENT AGENDA:
Mayor Randels asked if any Council Member staff or interested party desired to remove
an item from the Consent Agenda for discussion.
Mr. Morgan requested to remove Item No 5 from the Consent Agenda for discussion.
Mayor Pro Tem Petsos requested to remove Item No 4 from the Consent Agenda for
discussion.
A motion was made by Mr. Weber and seconded by Mr. Morgan to Approve Consent
Agenda Items No. 1, 2, 3, 6, 7, 8, 9, 10, 11 and 12. The vote on the motion carried
5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Mr. Treverton, For and Mr. Weber, For
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 2
v
1. City Council Regular Meeting Minutes of April 2, 2002.
2. Resolution No. 2002 -12; Reappointing Members to the Community
Appearance Board. (Bowman & Hayes)
3. Proclamation for National Public Works Week.
6. Cooperative Purchase for the Paving of Banana River Drive in the amount
of $13,000 to V.A. Paving, Inc.
7. Easement Agreement with Douglas C. Wilson,
Parcel #24- 37- 26-CH- 00000.0- 0024.01.
8. Easement Agreement with Douglas C Wilson,
Parcel #24- 37- 26-CH- 00000.0- 0025.00.
9. Easement Agreement with Jean Jones Porter,
Parcel #24- 37 -26 -00- 00252.0- 0000.0.
10. Easement Agreement with Jean Jones Porter,
Parcel #24- 37 -26 -00- 00253.1 -0000.00.
11. Easement Agreement with Randall O'Brien,
Parcel #24- 37 -23-JI -0000.0 -0000.00.
12. Easement Agreement with Christ Lutheran Church of Cape Canaveral,
Parcel #24- 37 -23 -00- 00282.0- 0000.00.
For the audience's clarification, Mayor Randels explained that the city received a grant
from the Florida Department of Transportation to perform some beautification
4 enhancements along SR A1A. City staff has since requested a 20 -foot property
easement from the business owners on SR Al A in order to do the landscaping and the
easements in Consent Agenda Items No. 7 through 12 reflect the easements that were
agreed upon.
ITEMS REMOVED FOR DISCUSSION:
4. Design/ Build Proposal from Brown & Caldwell, Inc. for Rehabilitation Work
at the Wastewater Treatment Plant in the amount of $111,000.
Mayor Pro Tem Petsos inquired about the availability of an updated proposal. Mr.
Gardulski, Public Works Director, distributed a proposal revised as of March 28, 2002.
Mr. Gardulski stated that Mr. Hortenstine did not plan to change the original engineering
design from Hartman and Associates, Inc., however he would proceed with any
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 3
recommended design changes if flaws were found. Mayor Pro Tem Petsos requested
that the firm keep the Council apprised of any design flaws. Mr. Hortenstine stated that
three tasks were involved in the proposal: 1) to review the record drawings, 2) to
proceed into the field and provide an evaluation, for example removing parts that would
uncover the extent of the underlying corrosion, and 3) to make the necessary repairs.
Mr. Hortenstine explained the pertinent issues as corrosion and the pre- treatment and
equalization basin walkway settling. He said that the City might want to consult with a
geo- technical engineer in the future to address the differential settling problem. Mr.
Morgan pointed out that the settlement occurred over a period of several years. Mr.
Morgan expressed this as his major concern because of the type of soil at the plant in
that the settling might not have ended. Mayor Pro Tem Petsos concurred with Mr.
Morgan and said that he did not wish to make repairs that would be necessary again at
a later time Mr. Hortenstine replied that a benchmark on the tank monitored monthly
would detect movement. Mr. Morgan stated that this situation should be addressed
before the repairs. Mr. Hortenstine replied that the repair between the pre- treatment
structure and the equalization basin is a life safety issue. He recommended attaching
the stairway with a solid connection on one tank and a bearing plate on the other tank to
deter a problem if settling continues.
Mr. Treverton expressed his concern with the lump sum payment required for the
project. He asked if the firm could identify the extent of repairs as problems are detected
and establish costs as repairs are needed at possibly a lower rate. Mr. Hortenstine
explained the need to use a defined cost in a design /build project. Mayor Randels
summarized for the audience that repairs are needed at the wastewater treatment plant
due to corrosion of steel at the aerator bridge, corrosion of steel at the clarifier bridge
and pulling away of an elevated walkway, but the extent of damage is unknown at this
time Mr. Hortenstine stated that once structures are removed then the extent of repairs
could be established. Mr. Hortenstine suggested to encumber the funds at this point and
to set aside for possible engineering repairs. Mayor Randels clarified that the Council
decided on the design /build to avoid bids on various sub - contracted repairs. Mr.
Treverton restated his concern with the lump sum cost and asked if the design/ build
pricing could be adjusted as the project proceeds. Mr. Hortenstine stated that if any
subcontracted work is priced lower than the anticipated cost, his firm is not the recipient
of any extra profit. He again suggested encumbering the funds and issuing a purchase
order for the first two tasks. Mr. Treverton said that he had no problem with the scope of
the work however he wanted accountability for the costs. Mayor Randels concluded
discussion by saying that a cost breakdown would specify the work done and the cost
required.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
M1 Page 4
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve
Consent Agenda Item No. 4 for the revised Design/Build Proposal from Brown and
Caldwell, Inc. for Rehabilitation Work at the Wastewater Treatment Plant in the amount
of $112,000. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan,
For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr.
Weber, For.
5. Cooperative Purchase for the Paving of all the Roads within the Harbor
Heights Subdivision in the amount of $78,900 to APAC - Florida, Inc.
Mayor Randels explained that this is a cooperative purchase with a County bid being
paid for in two ways: 1) 21,900 from the Sewer Reserve Funds and, 2) the general
{ paving in the amount of $57,000 from the General Fund. Mr. Morgan asked if this
paving project would include Sea Shell Lane just south of the Harbor Heights area. Mr.
Boucher stated that due to re- platting that townhouse development, that lane is now an
access easement. Mr. Morgan replied that Emergency and City vehicles use the road
and said that the City is incurring the same problem on Holman Road. Further
discussion clarified that Sea Shell Lane is a private drive. Mayor Pro Tem Petsos then
inquired about the County contract in comparative cost to the VA paving project on
Banana River Blvd. Mr. Gardulski responded that the County contract is $1.00 lower
per yard. He said that VA Paving was approached for this paving project however they
were unavailable at this time. Mr. Gardulski affirmed to Mayor Randels that this project
included milling. Mayor Randels asked if the millings on the subsequent projects would
be rolled or dumped. Mr. Bandish replied that the millings would be rolled at the Harbor
Heights Beach parking area and Oak Lane. Mr. Gardulski responded to Mr. Morgan that
Oak Lane has been dedicated up to the Jamieson property.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to approve
Consent Agenda Item No. 5 for the Cooperative Purchase for the Paving of all the
Roads within the Harbor Heights Subdivision in the amount of $78,900 to APAC - Florida,
Inc. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For.
ORDINANCES: Second Public Hearing.
12. Motion to Adopt: Ordinance No. 02 -2002; Amending the Official Zoning Map
as Described in Section 110 -246 by Changing the Class of Certain Property
from R -2 to M -1 on 4.601 Acres and R -2 to C1 on 5.375 Acres.
Mayor Randels referred to a letter from Attorney Jack Kirschenbaum that requested to
postpone this matter until May. Mr. Boucher stated that he spoke to Mr. Kirschenbaum
and suggested May 21 in order for staff to send out notices to adjacent property owners.
tw.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 5
A motion was made by Mr. Weber and seconded by Mr. Morgan to honor the applicant's
request. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber,
For.
13. Motion to Adopt: Ordinance No. 07 -2002; Amending Code Section 2 -234,
Payment of Impact Fees.
Mayor Randels read Ordinance No. 07 -2002 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION; 2 -234 PAYMENT OF IMPACT FEES BY AMENDING THE TIME
REQUIREMENTS RELATED TO PAYMENT FROM, AT THE TIME OF ISSUANCE OF THE
BUILDING PERMIT TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICTE OF
OCCUPANCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adopt
Ordinance No. 07 -2002; Amending Code Section 2 -234, Payment of Impact Fees, at
second reading.
Mr. Morgan reminded that he had brought up a possible conflict of interest and he had
requested that he receive a letter from the City Attorney. The City Attorney responded and
also provided U.S. Supreme Court case law. Mr. Morgan stated that he did not have a
conflict of interest on this matter. Attorney McQuagge replied to Mr. Treverton that the
impact fees would be paid with certified funds. Mayor Randels spoke on behalf of retaining
the present impact fee payment process in that a developer is issued a building permit
fi however sewer capacity might not be available at the time of the issuance of a certificate
of occupancy. Mr. Reid replied that a concurrency is performed that checks the levels of
service for water and sewer prior to issuing a building permit. Mr. Reid stated that Public
Works performs a quarterly concurrency report and results are available for review at any
time.
The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro
Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For.
14. Motion to Adopt: Ordinance No. 08 -2002; Amending Code Section 78 -122,
Payment of Sewer Impact Fees.
Mayor Randels read Ordinance No. 08 -2002 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION; 78-122 PAYMENT OF SEWER RATE ASSESSMENT BY
AMENDING THE TIME REQUIREMENT FOR PAYMENT OF THE SEWER ASSESSMENT FROM
AT THE TIME OF THE ISSUANCE OF THE SEWER PERMIT TO AT THE TIME OF THE
ISSUANCE OF THE CERTIFICTE OF OCCUPANCY; PROVIDING FOR SEVERABILTY;
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 6
PROVIDING FOR REPEAL OF CONFLIICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Weber and seconded by Mr. Treverton to adopt Ordinance No.
08 -2002; Amending Code Section 78 -122; Payment of Sewer Impact Fees at second
reading.
Mayor Randels questioned the language in Section One that reads, "accept as provided in
Section 78-34, a building permit shall not be issued unless a sewer permit has been first
obtained." Mayor Randels asked if that conflicts with Section One that requires payment of
the sewer assessment at the time of the issuance of the sewer permit. Mr. Boucher replied
that a sewer permit fee is still required. Attorney McQuagge stated that the language reads
correctly in that there is a difference between a sewer assessment and a sewer permit.
The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro
Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For.
CONSIDERATIONS:
15. Cooperative Purchase of a 2002 Dodge Pick -Up Truck from Jack Caruso's
Regency Dodge, Inc. in the amount of $17,845 for the Building Department.
d Mr. Weber and seconded b
Amotionwasma made by Mr. Morgan for a Cooperative
Purchase of a 2002 Dodge Pick -Up Truck from Jack Caruso's Regency Dodge, Inc. in the
amount of $17,845 for the Building Department.
Mayor Randels informed that this is an additional vehicle for the Building Department staff.
Mr. Weber stated that with all the construction in the City, an additional vehicle is needed
for the department. Mr. Morgan stated also that there is an opportunity with the seven -year
warranty and the staff needs dependable vehicles. Mr. Treverton concurred his favor on
the purchase. Mayor Pro Tem Petsos expressed concern with this as an unbudgeted item
and the possibility of similar unbudgeted purchases. Mayor Pro Tem Petsos requested
that this purchase be considered under Impact Fees since the City is compelled to hire
additional employees due to new construction.
An amendment was made to the main motion by Mr. Weber and seconded by Mr.
Treverton to pay for the 2002 Dodge Pick -Up Truck from Jack Caruso's Regency
Dodge, Inc. in the amount of $17,845 for the Building Department from impact fees. The
vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem
Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For.
The vote on the main motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For.
(1;
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 7
DISCUSSION:
16. Transportation Project Funding.
Mayor Randels stated that these items were chosen in the previous year for the Brevard
Metropolitan Planning Organization's implementation:1) International Drive and N.
Atlantic Avenue, reconfigure the alignment of the intersection, 2) Install a traffic signal
with pedestrian features at Al A and Columbia Drive, 3) Install overhead boom mast arm
signals at four locations on A1A, 4) Street lighting plan and implementation on SR A1A,
5) Synchronize traffic lights on SR A1A, 6) Construct a Pedway bridge on the West side
of SR A1A, 7) Design and construct a urban roadway profile on DR A1A, and
8) a Pedestrian overpass at A1A & Columbia Drive
Mayor Randels asked if there were any changes for the 2003 - 2008 - priority list. Mr.
Weber recommended and Mayor Pro Tem Petsos concurred interchanging items
Number 2) Install a traffic signal with pedestrian features at A1A and Columbia Drive
and Number 8) Pedestrian overpass at A1A and Columbia Drive, on the priority list.
Mayor Randels clarified that the new Number 2 is Pedestrian overpass at A1A and
Columbia Drive and the new Number 8 is Install a traffic signal with pedestrian features
Coo at A1A and Columbia Drive, Mr. Nichols asked if the intersection of A1A and North
Atlantic were included with the recommendation for International Drive. Mayor Randels
read the intended language to reconfigure alignment of the intersection at DRA1A,
International Drive and N. Atlantic, SR 401.
18. Reserve Fund Policy.
Mr. Boucher explained that this is an item that is reviewed subsequent to the annual
audit. The City Treasurer provides a synopsis of what has been allocated in the past
year and how much is available to allocate this year. The balance is close to $319,000
that could be re- allocated for projects such as street paving. Mayor Pro Tem Petsos
stated that an ordinance would designate this Council's desire for the unallocated funds.
Attorney McQuagge stated that Council could task staff to draft an ordinance for
consideration and review with the understanding that change is possible by future
Councils. Attorney McQuagge questioned if there were any other areas to direct a
reservation of funds aside from resurfacing or road paving. Mr. Weber requested
recommendation from the City Manager and staff on those areas.
19. Additional Notice Requirements for Zoning Amendments.
Mayor Randels stated that under the changes to Code Section 110 -137 an entity could
now also make request for zoning changes. Mr. Boucher explained that as the law
changed, processes were streamlined and perhaps one of the items that need to return
is notification of adjacent property owners by an applicant requesting a zoning other
than the City. If the City initiates a rezoning, the City would notify all affected property
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 8
owners. Mr. Boucher explained that another set of notice requirements is done for any
other person or entity other than the City that requires legal advertising only, however if
the City does the rezoning, then the City is required to send notices to the affected
property owners as well as publish the legal ads. Mr. Boucher stated that when a
person or entity proposes a rezoning in the future, the City would send a notice to the
adjacent property owners. This procedure will be forwarded to the Planning and Zoning
Board and a recommendation provided.
REPORTS:
1. City Manager
• Mr. Boucher commended staff for the quarterly reports and noted that the Sheriffs
office and CCVFD report would be submitted when received.
• Mr. Boucher reported on the Pedway bridge progress and that the City received its
permits from St. John's River Water Management District and is waiting on the Florida
{ Department of Transportation permit.
• Mr. Boucher also reported that SSA is working with the Port Authority on the City sign.
A change order was issued for a 40 by 40 foot area for site development for the new
sign. Soil boring will be performed to ascertain the amount of de- mucking required.
• Mr. Boucher announced that he received a call from the Coastal Fuels Terminal
Manager. There has been preliminary discussion within the Corporation for two
additional tanks just south of the storage area. Impact to the residential area abutting
t oe Shorewood Drive is a matter of concem.
• Mr. Boucher thanked the City Council for inviting City staff to the Space Coast
League of Cities monthly meeting dinner.
2. Staff
Mr. Gardulski
• Mr. Gardulski reported on non - conforming asphalt driveways and paving near Yogi's.
He talked to the Florida Dept. of Transportation and any work prior to 1988 is grand -
fathered in He would comply with Access Code Section 110 -493 and proceed to pick the
worse two accesses most prone to safety violations.
Mr. Reid
• Mr. Reid reported that Cape Caribe is underway and that the Building Departments work
schedule would increase.
AUDIENCE TO BE HEARD:
Mr. Dave Langstrom, new president of the Villages of Seaport, requested additional information
on Item No. 13. Mayor Randels suggested that he request a copy of the background material from
the City Clerk's office. Attorney McQuagge also recommended that he get a copy of the Planning
and Zoning Board minutes as well
Robert Beals, representing Blamey 67, Inc., offices at 201 N. Riverside Drive, Indialantic, d/b /a/
Fairvilla Megastore. The purpose of his appearance is to request that the Council consider
placing his item on an agenda in order that they more fully develop what he planned to
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 9
display with his Landscape Architect. He emphasized that this project is designed to correct a
deplorable condition in the Florida Department of Transportation right - of-way in which they have no
ability to effect under the current situation. The condition is a health as well as a safety hazard to
both pedestrians and vehicles and an aesthetic nightmare. He introduced Ms. Kathleen Berson
with Parterre Landscape Architecture and Site Planning. Fairvilla commissioned Ms. Berson to
design and present a landscape that meets the intent of the City's environmental code including
the signage. The landscape would also enhance the architecture of the establishment and be of
high integrity. She described the base foundation as a 40 -foot high berm and an undulating bed of
ground cover. The sign has a base of Impatiens and a canopy tower of Washingtonian palms.
Mr. Treverton asked if Fairviila owned the property up to SR A1A and what would happen if
someone wanted to develop over the landscaping. Attorney Beals stated that Fairvilia owns the
frontage on SR A1A. He explained the Mr. Baugher owned the piece between the store parking lot
and the frontage. Mayor Randels explained that Blamey 67 owns the first 100 -feet west from SR
AMA. Mayor Randels stated that the Council's first concern was the possibility of enlarging the sign
and he inquired about the proposed sign's size. Ms. Berson stated that the proposed signage is 5-
feet by 8 -feet on the face and 13 -foot depth, 8 -foot height and the tile face area is 40 -square feet.
Mayor Randels said that if this landscaping involved expanding or violating the Court decision, then
the Council chose not to address the matter. Attomey Beals restated that his request is to be
placed on the next agenda and he had also discussed this with Attomey McQuagge. Attomey
McQuagge replied that Council could direct staff to meet with Attomey Beals and prepare a
proposal item for discussion without action for the next agenda. Attomey Beals could then explain
t how this would affect the settlement agreement. Mr. Morgan inquired if making any amendment to
that court order would violate anything else or set a precedent. Attomey McQuagge responded that
if the court order does have a stamp from a court approved settlement agreement then it is
essentially a contract but both parties could amend it. However, both parties are bound to the
contract until they both agree to make amendments. Mayor Pro Tem Petsos asked if a sidewalk
could be installed in the proposed area Mr. Gardulski replied that drainage is necessary prior to
sidewalk installation, however the largest cost would be the engineering and construction of a
stormwater pipeline. Mayor Randels noted that the ditch is approximately 135 -feet in length and
asked if Mr. Baugher would be receptive to the concept. Attomey Beals replied that at this point Mr.
Baugher would duplicate the drainage, cultivating sidewalk effort. Mr. Morgan questioned about the
sidewalk that meandered through the landscape and asked if the sidewalk was on Blarney 67's
private property. Ms. Berson replied that the sidewalk is within the right-of-way. Mr. Boucher
stated that this item would be placed on the May 21'` City Council agenda for discussion.
City Clerk
• No report.
City Attomey
• Attomey McQuagge reported that he had spoken with the City Manager and recommended
a town meeting on the Fire Alarm Code amendments. Attomey McQuagge stated that he
inquired of other municipalities and his inquiry was their notification of the change. Input
would be submitted prior to the town meeting.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 10
3. City Council
Mr. Morgan
• Mr. Morgan thanked Attomey McQuagge for his response on the Conflict of Interest
matter.
Mr. Treverton
• No report.
Mr. Weber
• Mr. Weber announced the Trash Bash on Saturday, April 20"', with check in sites at
Cherie Down Park and the Cape Canaveral Library
• Mr. Weber also announced that he might not be available for the next City Council
meeting.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos addressed the City Attorney's inquiry from the Community
Appearance Board on reviewing Code Section 22-46, Community Appearance Board,
Appellate Procedure and asked if Council should expedite review of this section.
Attomey McQuagge related the concem of the Board for a remedy to allow Council to
review any decision prior to an aggrieved applicant proceeding directly to the Appellant
Court. Mr. Boucher stated that this would be a discussion item on the May 7 agenda.
• Mayor Pro Tem Petsos commended staff on establishing an escrow account for the
overpayment of Fines and Forfeitures. The City set aside $91,000 to cover the $89,000 of
overpayment by the Clerk of the Court in fines and forfeitures and therefore will not lose
revenues as other municipalities. Mr. Boucher replied that he is compiling background
information on the methodology used to determine these costs.
• Mayor Pro Tem Petsos inquired about recovering sales tax from construction projects.
Mr. Boucher related that Ms. Bowers has information for the next agenda
• Mayor Pro Tem Petsos requested the actual right -of -way on the Fairvilla property.
Council requested a copy of original settlement agreement. Mayor Pro Tem Petsos also
requested of the City Attorney to know why Fairvilla was allowed to remain a Keep Florida
Beautiful sponsor.
• Mayor Pro Tem Petsos inquired about the Presidential street signs. Mr. Gardulski
replied that a sample is available and adjustments are being made.
Mr. Steve Anderson, Help -U -Build of America, presented his issues on building a home in
Cape Canaveral. Mr. Anderson explained the problems that he incurred with the permitting
process and subsequent inspections. Mr. Anderson stated that Mr. David W. Gray, Company
Qualifier, was asked for additional information to authenticate his identity. Ms. Linda Reel,
President of Help -U -Build of America explained the circumstances she described as being double
billed for permit fees, in that they were told to proceed with the first inspection by Mr. Bubb,
however at a later time they were told that they went past the point of the first inspection and were
therefore billed double for permit fees. She also voiced her concem with the City regulation to use
only Waste Management for dumpster service. She expressed that this can be construed as
tortious interference with a contract to limit individuals to use only that service. Mayor Randels
explained that Waste Management has an exclusive contract with the City that includes dumpster
service. Ms. Reel expressed that the City staff did not provide friendly service and displayed an
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 11
adversarial manner. Mayor Randels stated that the Building Department's job is to provide safety
in an appropriate and uniform manner. Mr. Weber stated that the Council is not the place for an
administrative matter and expressed that Council should not micromanage a staff issue. Mr.
Morgan expressed that unfortunately the matter is at a point of civil litigation and the Council set
laws with an administration that manages the Building Official. Attorney McQuagge stated that
staff issues exist and if HeIp -U -Build feels that they have a class action claim proceed and if they
could complete the construction project do that also. However, the Council could not
micromanage to accomplish Mr. Anderson's desire. If there exists a class action or retaliatory
claim that Mr. Anderson could pursue, then he has a right to do so.
Mayor Randels
• Mayor Randels was invited to join a group of civic leaders who were visiting Cape
Canaveral from Barksdale, Air Force Base.
• Mayor Randels announced that the Coast Guard has assigned a brand new Coast
Guard cutter called the Shrike to escort passenger vessels at the Port. It was
commissioned at the Port on April 6, 2002.
• Mayor Randels reported that he and Mayor Pro Tem Petsos attended the fundraiser at
Jungle Village Family Fun Center for the Children's Home Society.
• Mayor Randels requested that community photos for the next Quality Cities Magazine
Annual Conference issue be submitted to the City Clerk's office. Mayor Pro Tem Petsos
suggested a photo of the Manatee Sanctuary Boardwalk.
• Mayor Randels announced the Arbor Day celebration at Washington Park on Friday,
C April 26 with Cape View Elementary.
• Mayor Randels announced the Health Assessment Testing on May 1 and commented
on the extensive health profile questionnaire.
• Mayor Randels inquired about the status of a stormwater utility. Mr. Boucher responded
he would provide feedback once it is received from the consultant He also said that the
County is being asked to perform an analysis on their fees in order to provide background
information. Public information materials are being compiled for a town meeting.
• Mayor Randels inquired about the status of baffle box application. Mr. Boucher replied
that the application was submitted to St John's and he is awaiting the contract documents.
• Mayor Randels inquired about the Ridgewood extension vacation of land. Mr. Morgan
suggested using the land for stormwater retention. Mr. Boucher said that he would meet
first with the presidents of the Ocean Woods and Ocean Oaks Homeowner's Groups.
• Mayor Randels reported that on the Library screen repair and that the Friends of the
Library would take action.
• Mayor Randels referred to the printout of department actions from the City Manager's
office. Mayor Pro Tem Petsos proposed daily updates.
• Mayor Randels inquired about tree planting. Mr. Gardulski responded that he has a
meeting on April 19"' to designate locations
• Mayor Randels distributed the County Manager's Progress Report.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
April 16, 2002
Page 12
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