CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting
to order at 7:03 P.M.
ROLL CALL:
Council
Members Present:
Mayor
Pro Tem Bob
Hoog
Council
Member
Council Member Leo
Nicholas
Council
Member Buzz
Petsos
Mayor Rocky
Randels
Others
Present:
City
Manager
City
Attorney
City
Clerk Susan
Stills
Building Official Todd
Morley
Public
Works Director Ed
Gardulski
PRESENTATION:
Ms. Beth McMillen, Assistant Director for the Marine Resources Council,
opened with information on invasive plant species. Ms. McMillen stated that the Florida Department
of Transportation created a plan to address the National Scenic Byway that
extends from
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Renewal of Turf Area Fertilization,
Insect, Disease and Weed Control Services with Black’s Spray Service, in the
Amount of $14,760.
3. Renewal of the Landscaping and Mowing
Contract with Nick’s Lawn Service, Inc. in the Amount of $149,100.
4. Emergency Repair of the Wastewater
Plant Generator Transfer Switch.
5. Outdoor Entertainment Permit for
Community Celebration at
Mayor Randels asked if any Council member, staff or
interested party desired to remove any of the Consent Agenda items for
discussion.
No request was made to remove any of the items for
discussion.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent
Agenda Items No. 1 through 5. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels,
For.
CONSIDERATIONS:
6. Motion
to Approve: First Amendment to the Solid
Waste Agreement with Waste Management.
Mr.
George Geletko of Waste Management, Inc. addressed the Council and stated that
the amendment to the Contract incorporated the 96-gallon Cart container
use. Mr. Geletko informed that residents
would receive information on the Cart System on March 16th as part
of the Education Program and the collection program would start on May 1st. Mayor Randels explained that the Cart System
would reduce the number of people needed for operation to one employee with an
automated system and thus reduce the company’s Worker’s Compensation
costs. Mr. Geletko stated that the system
would improve the neighborhood aesthetics as well as improving efficiency to
the City’s stormwater system.
Mayor
Randels noted that the green waste would be picked up on Monday; however their
garbage pick days would change to Wednesday and Saturday. Mr. Nick Stephanovich asked if there was a
size limitation for green waste. Mr. Geletko replied that there was no
restriction on what is placed in the container.
Mr. Geletko informed that two 96-gallon containers would be delivered to
each household. Mr. Geletko replied to
Mr. Nicholas that the Solid Waste contract would not expire for three and
one-half years. Mayor Randels stated
that any concerns should be forwarded to Kim McIntire, Executive Assistant, in
the City Manager’s office at 321-868-1230.
Mr. Donald Dunn asked about receiving a smaller cart. Mayor Randels replied that a 64-gallon cart
was available. Mr. Geletko informed that
during the first 90 days of operation residents could change to the 64-gallon
containers at no charge. He asked the
Mayor to meet with the residents of those with homes of a zero lot line. Mr. Boucher related that Mr. Kenny Rivera had
identified problem areas.
Mayor
Randels clarified that the amendment does not extend the contract
duration. Mr. Petsos inquired about any
problems with stolen carts. Mr. Geletko replied that each cart is bar
coded. Mayor Pro Tem Hoog inquired about
recycling the old containers. Mayor
Randels suggested contacting Keep Brevard Beautiful to assist in the recycled
container collection. Mr. Geletko informed that
A
motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve a
First Amendment to the Solid Waste Agreement with Waste Management. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels,
For.
7. Motion
to Approve: Engineering Consulting
Services from Brown and Caldwell for Florida Department of Environmental
Protection Operating Permit Renewal in the Amount of $24,830.
Mayor Randels explained that the Wastewater
Treatment Plant required a Florida Department of Environmental Protection
operating permit that is due for renewal by
May 25, 2006. Mr. Ted Hortenstine of
Brown and Caldwell, Inc. stated that a six-month period was needed for
review. He informed that several reports
required updating such as: Capacity Analysis, Operations and Maintenance
Performance, Reclaimed Water Operating Protocol and a Reuse Feasibility Study.
He stated that the firm noted a deficiency in the record drawings and would
perform a survey. Mr. Hortenstine
affirmed for Mayor Randels that the permitting package would be completed in
sufficient time. Mayor Randels clarified
that the permitting fee was budgeted; however, the engineer’s consulting cost
was not a budgeted item.
A motion was made by Mr. Petsos and seconded
by Mr. Morgan to Approve the Engineering Consulting Services from Brown and
Caldwell for Florida Department of Environmental Protection Operating Permit
Renewal in the Amount of $24,830. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels,
For.
8. Motion
to Approve: North Atlantic Avenue
Widening Project Engineering Proposal from Dyer, Riddle, Mills & Precourt,
Inc. in the amount of $94,314.40.
Mayor Randels stated that Transportation Impact Fees
would fund the engineering cost. He
thanked Harriet Raymond for her work as County Project Coordinator. He outlined the project scope as: design
survey, road right-of-way, and engineering and geotechnical services. Mayor Pro Tem Hoog asked if the costs were as
projected during discussion. Mr. Boucher
replied that costs have increased since the project was first discussed and he
outlined some of the improvements as: widening to a three lane urban roadway
with curb and gutter and sidewalks, improving the drainage system, and if
possible, installing underground utilities on the west side of the road. The
County bid the project and would coordinate with staff and the Port Authority
and also give Dyer, Riddle authorization to proceed. Mr. Boucher affirmed to
Mr. Nicholas that the County would provide total costs for performing the
finished work. Mr. Nicholas asked if the County would relinquish the road. Mr.
Boucher replied that acquiring the roadway should follow the improvements. He informed that funding was set aside
through the Local Option Gas Tax for paving
Mr. Petsos suggested forwarding a copy of the
engineering proposal from Dyer, Riddle, Mills and Precourt to the Port
Authority for assistance with the road expenditure. He stated that the Port Charter, Article IV,
Section 19(a) allows fund expenditure for roadways surrounding or adjacent to
the Port. Mr. Boucher replied that the City would coordinate efforts with the
engineers. He replied to Mayor Randels
that intersection improvements are anticipated before summer 2006. Mr. Boucher replied to Mayor Pro Tem Hoog
that the County would use its road and bridge crew on the project depending
upon their schedule.
A motion was made by Mayor Pro Tem Hoog and seconded
by Mr. Petsos to Approve the North Atlantic Widening Project Engineering
Proposal from Dyer, Riddle, Mills & Precourt, Inc. in the Amount of
$94,314.40. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
9. Motion
to Approve: Ranking for RFP No. 06-01
for Continuing Concrete Construction Services.
Mr. Jeff Ratliff informed that the City advertised
this bid in January of 2006 for smaller concrete projects. He announced Gibbs and Register, Inc. as the
first ranked firm and Mudrak, Inc. as the second ranked firm. Mr. Ratliff replied to Mayor Pro Tem Hoog
that
J & S Curb did not respond to the request.
Mayor Pro Tem Hoog expressed concern with paying larger fees for
projects that could be performed locally at a lesser expense. Ed Gardulski, Public Works Director, stated
that the Department would attempt to plan ahead and combine projects for efficiency
of costs. Mayor Randels explained that
the Competitive Contractor’s Negotiation Act requires the City to negotiate
with the firm ranked first and if no negotiated contract is met, to proceed to
the firm ranked second.
A motion was made by Mr. Morgan and seconded
by Mr. Petsos to Approve Ranking for RFP No. 06-01 for Continuing Concrete
Construction Services. The vote
on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
10. Motion
to Approve: Request to Remove Two (2)
Specimen Trees, Sea Shell Cay Townhomes,
Council Member Morgan disclosed that he submitted a
Conflict of Interest form due to his financial interest in the project and he
would not vote on the subject. Mr. James
Morgan, Jr. stated that he submitted copies of the completed tree hazard
evaluation forms from City Forester. Mr. Boucher informed that the City
Arborists concurred with the findings.
Mr. Morgan, Jr. explained that T-1 describes the 48-inch tree and T-2
the 34-inch tree. He informed that both
trees have identified problems. Mayor
Randels read the hazard synopsis on the T-1 tree located in the lot’s center
as, “Roof flare 12” plus under soil line
from past grade change and fill soil has been added to the east side which
covers about 25% more of the root mass to a depth of more than 12-inches on top
of the first fill, if final grade adds soil to this, the tree will be stressed
into a decline to a rate depending on the percentage of stored
carbohydrates. Target rating assess with
site character after construction and residence living on property. Tree
removal recommended if grade is raised and/or more than 10 percent of roots are
to be removed in construction or removal of more than 10 percent of live crown
ratio (foliage). Core test (shows fiber
breakdown about 3-inches into trunk) 3 samples taken, plus cavity opening (5
inches wide, 48-inches high) shows strength loss threshold to be about 64 percent
in the trunk.”
Mayor Randels inquired if the tree removal were
recommended. Mr. Morgan, Jr. replied
that page two under hazard abatement called for tree removal. Mayor Randels
clarified that a point system was used to identify a tree’s hazard from one as
a low to twelve as a high. Mr. Morgan, Jr. explained that a total of the
categories comprised the level of hazard. Mayor Pro Tem Hoog questioned why the
second tree was not rated like the first.
Mr. Morgan, Jr. explained that the smaller tree had an included bark
that weakens the tree’s structure. The
Arborist also indicated an inundated canopy and an angle. Mr. Morgan, Jr. stated that the smaller tree
has a multi-trunk. Mayor Randels read
the hazard synopsis on the T-2 located on the northwest corner of the lot as, “Low live crown ratio, poor tree structure
(low co-dominants) and lean percentage high, tree in high street (crown
class-suppressed), Site stress under construction/ grading and removal of
suppressing plants will add sunscald and higher rate of stress. Removal and/or replacement recommended.”
Mr. Morgan, Jr. affirmed that the Arborist is State
certified. Mayor Pro Tem Hoog questioned
if the smaller tree was leaning 90-degrees from vertical. Mr. Morgan, Jr. affirmed. He confirmed for Mayor Randels that the two
trees were identified as 34-inches and 27-inches and not 48-inches for the
larger tree as stated on the survey. Mayor Randels read from Code Section
102-41 that outlines the criteria for specimen tree removal. Mayor Pro Tem Hoog referred to the 34-inch
tree and concluded that based on the hazard information the tree was in poor
condition. He noted that the smaller
tree had identifiable problems and the Arborist recommended its removal and/or
replacement. Mr. Petsos stated that he
would like to see a hazard rating on the smaller tree. Mr. Nicholas stated that the larger tree
received a poor grade; however, the small tree did not appear to suffer from
the same maladies. Mr. Morgan, Jr.
informed that the smaller tree has a split trunk that is detrimental to its
structure. Mr. Nicholas concurred with
the tree’s removal based on identified hazards.
Mayor Pro Tem Hoog inquired about the applicant’s
potential recourse on the City if the second tree is not removed and it imposes
a future hazard. Attorney Garganese
stated that the City has certain sovereign immunity rights with respect to
permitting; however, the City code specifically exempts diseased trees from the
definition of specimen trees. The
Council would hear all the competent substantial evidence presented and would
make its determination on the evidence that the trees in question are diseased,
if so then they are not specimen trees and can be removed by permit of the
Building Official. If the determination
on one tree is that it is diseased, then the other tree is subject to removal
or replacement as a specimen tree.
Council needs to determine if one or both trees are diseased. Mr. Morgan, Jr. stated that the City staff
concurred with the analysis. Attorney Garganese explained that the intent of
the ordinance is to remove diseased trees. He advised that the Council could
table the matter until hearing from the Arborist and City staff. Mayor Randels read City code section 102.40
and questioned if a hardship were created.
Mr. Boucher explained that thapplicant could seek
relief by ascertaining the tree’s health or through adjusting the building
footprint. Mr. Morgan, Jr. informed the
Council that he would have the Arborist complete the report on the smaller tree
and also coordinate with the City’s arborist for an on-site inspection. Mr. Morgan, Jr. asked to receive Site Plan
approval contingent upon the stated conditions.
Mr. Boucher agreed to coordinate a site inspection with both Arborists. Mayor Pro Tem Hoog concurred. Attorney
Garganese recommended having the Arborist consultant and the City Arborist at
the next meeting to answer questions.
Discussion concluded to have the Arborists meet on-site and submit
completed reports in which the Arborists are in agreement. Mayor Randels
concluded that Council would not proceed to vote on the item until the stated
recommendation was met.
Ms. Karen Johnson,
Attorney Garganese stated that the Council does not
have the data to question if the trees were a health hazard. Mr. Ross suggested an unbiased Certified
Arborist. Attorney Garganese explained
that during a quasi-judicial proceeding the applicant has the burden of proof
to secure evidence and expert testimony.
Council’s decision should be made based on the weight of the
evidence. It is not Council’s task to independently
weigh the evidence, but to use its resources to make a decision. Attorney Garganese restated his
recommendation to have the Certified Arborist in the audience to answer
questions. Mr. Boucher asked the Council
if they believed a hardship exists.
Mayor Randels stated that he did not see a hardship. Mayor Pro Tem Hoog said that the City code
provides a remedy for hardships. He
expressed how he has received unfavorable feedback on how people are affected
in building and business when they address City Boards.
Mr. John Johansen of
Item No. 10 was postponed until the next City
Council meeting on
SITE
PLANS:
11. Motion
to Approve: Sea Shell Cay Townhomes,
James Morgan, Applicant. Four (4)
Residential Units Located on
Item No. 11 was postponed
until the next City Council meeting on
Mr. Morgan requested for
Council to hear Item No. 14 due to lateness of the hour.
The Council agreed.
RESOLUTION:
14. Motion
to Approve: Resolution No. 2006-08;
Preliminary Replat
Mayor
Randels read Resolution No. 2006-08 by title.
A
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING
THE PRELIMINARY RE-PLAT OF “VILLAGIO DEL MAR”; AUTHORIZING THE MAYOR AND THE
CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor
Randels clarified that the request is for two, not three residential
units. Mr. Morgan disclosed that he
submitted a Conflict of Interest form due to his association with the project.
A motion was made by Mr. Petsos and seconded by Mr.
Nicholas to Approve Resolution No. 2006-08.
The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain;
Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES:
First
12. Motion to Approve: Ordinance No. 02-2006; Amending Chapter 110,
Zoning, Clarifying the Building Official’s Duties; Clarifying the General
Requirements for a Building Permit; Amending Building Permit Application
Requirements, at First Reading.
Mayor Randels read
Ordinance No. 02-2006 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE BUILDING OFFICIAL’S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
There
was no public comment.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve
Ordinance No. 02-2006 at First
RESOLUTIONS:
13. Motion
to Approve: Resolution No. 2006-07;
Supporting Adoption of an Ordinance by the Board of County Commissioners of
Brevard County Levying a One Percent Discretionary Infrastructure Sales Surtax
for Five Years Subject to Voter Approval in a
Mayor Randels read
Resolution No. 2006-07 by title.
A
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING
ADOPTION OF AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY
LEVYING A ONE PERCENT DISCRETIONARY INFRASTRUCTURE SALES SURTAX FOR FIVE YEARS
SUBJECT TO VOTER APPROVAL IN A
Mayor
Randels reviewed the list of surtax funding items as: 1) widening
A motion was
made by Mayor Pro Tem Hoog and
seconded by Mayor Randels to Approve Resolution No. 2006-07. The vote on
the motion carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos,
For and Mayor Randels, For.
A motion was
made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to extend the meeting to
10:30 P.M. Motion carried unanimously.
15. Motion to Approve: Resolution No. 2006-09; Supporting House Bill 313 – Clean Ocean Act.
Mayor Randels read Resolution No. 2006-09 by title.
A RESOLUTION OF THE CITY
OF
For the record, Mr. Petsos requested that the
Resolution include support of Senate Bill 732 submitted by Senator Haridopolos.
A motion was made by Mr. Petsos and seconded
by Mr. Morgan to Approve Resolution No. 2006-09. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
16. Consideration
of an Offer to Sell the City Lot 3 (
Mr. Boucher informed that the project is subject to
a Special Exception and the Appraisal used allowable development scenarios of
1) with a development of a single-family, 1 or 2 family dwelling, the appraised
value would be $260,000, 2) for three units that is the pending Special
Exception, the $340,000 asking price is not an unreasonable asking price. Ms. Hanson reported costs of $100,000 to
develop the lot into a neighborhood park.
Mayor Randels pointed out that the Recreation Director noted that
parking and some other amenities were not practical. Mr. Boucher replied to Mr. Nicholas that the
Appraiser declined addressing commercial as not the highest and best property
use. Ms. Arlene Valesteri suggested a
dog park outlining the need. Judy Lau suggested a walk through park. Mr. Nicholas noted that a park in the
northeast section of the City was once discussed. Mayor Pro Tem Hoog expressed
concern with spending $340,000 for a dog park.
Mr. John Johansen related that he was not agreeable to selling for less than $340,000.
A
motion was made by Mr. Nicholas to purchase the property at the asking price of
$340,000. Motion failed for a second.
Mayor Pro Tem Hoog expressed that he was not in
favor of purchasing a park that the Recreation Director did not endorse. Attorney Garganese stated that the Board of
Adjustment decision was not a deciding factor with respect to the Property
Appraiser.
Ms. Lau stated that the property is zoned commercial; however, there is no
access to a major arterial road. She
emphasized that if the Board of Adjustment does not agree to the Special
Exception, the developer could still build commercial. Mr. Johansen clarified for the record that
before he went to the Planning and Zoning Board, he approached the neighbor to
sell the property. Mayor Randels concluded that the City was not interested in
purchasing the property; therefore, Mr. Johansen would proceed to the Board of
Adjustment on March 13th for a Special Exception.
Due
to the lateness of the hour, no reports were forthcoming.
ADJOURNMENT: The Chair adjourned the meeting at 10:45 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________