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 Bennett
Boucher
City
Attorney
City
Clerk Susan
Stills
City
Treasurer Andrea
Bowers
Building Official Todd
Morley
Public
Works Director Ed
Gardulski
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Proclamation for National Fair Housing
Month.
3. Resolution No. 2006-10; Appointing a
Regular Member to the Business & Cultural Development Board (S. Roberts).
4. Cooperative Purchase of Playground
Equipment for
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. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items 1 through 4. 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:
5. Motion
to Approve: Approval of the Annual Audit
for the Year Ending
Ms. Yvonne Clayborne and Ms. Jennifer Kheswar of
Bray, Beck and Koetter presented the Independent Auditors’ Report for the year
ending
Ms. Clayborne reported that the City’s financial
highlights as: above the benchmark for the Unreserved Fund Balance, declining
in long term debt, less than one percent for Governmental Fund Debt Service, a
reduction in millage. Ms. Clayborne
reported that growth and building permits were now actualized in property tax
revenues. Ms. Clayborne reported that Intergovernmental Revenues increased due
to FEMA disaster relief funding. She
explained that, historically, this year’s Sewer Revenue Fund is at a breakeven
point. Ms. Clayborne commented on the
efficiency of the audit process.
Mr. Petsos questioned the finding in the Reserve
Funds. Ms. Bowers explained that set
aside funds were not legally binding and would not become so with the Reserve
Policy. She stated Escrows Accounts are
a legal venue. Ms. Bowers explained that
need for established set aside amounts for designated purposes. Mr. Morgan referred
to Page 83 and questioned the reason of an audit of physical inventory. Ms. Bowers explained that it would more accurately
track property transfers. Mr. Morgan
questioned the statement that the City’s Charter does not state a legal debt
margin; therefore, a table depicting such has been omitted. Ms. Clayborne stated
that the City’s Charter does not legally restrict the City to a certain level
of debt. For the purpose of the
Certification Program, it is a required statistical table if it exists in a
City’s Charter.
Mr. Frank Kuhn noted that the graph for Public
Safety combined both Fire and Police.
Ms. Bowers welcomed Mr. Kuhn to contact her office or to visit the City web
site for an outline of separated departmental budgets. Ms. Clayborne informed that the CAFR was available
electronically and would be sent to the City’s web site. Mayor Randels explained that City growth
subsequently allowed for a lower millage rate.
He reported that the City has two new parks: the
Mr. Nicholas referenced a zero income in Fines and
Forfeitures and inquired about the funds from citations. Ms. Bowers explained that in July 2004 the
State determined that Counties would no longer fund the Court systems. Therefore, the State derives fees from the
Fines and Forfeitures revenues in order to fund the Court system. Mr. Nicholas expressed his concern for the
municipalities in funding a State regulated system. Mr. Petsos informed that the Florida League
of Cities has been active in opposing such legislation. Mr. Frank Kuhn reported that when a Canaveral
Precinct officer writes a citation outside of City limits, the funds are not
directed to the City. He suggested a
decal that would designate the Cape Canaveral Precinct vehicles.
A motion was made by Mr. Morgan and seconded
by Mr. Petsos to Approve the Annual Audit for the Year Ending
Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
SITE
PLANS:
Mayor Randels requested that any person who intended
to speak on the item provide their name and address for the record.
6. Motion
to Approve: Request to Remove Two (2)
Specimen Trees, Sea Shell Cay Townhomes,
Council Member Morgan disclosed that he filed a
Conflict of Interest with the City Clerk due to financial interest and would
not vote on the item. Mayor Randels stated
that Council’s task was to hear input and to provide a decision based on the
evidence presented. Mr. Morgan, Jr. stated
that the Council also asked to hear from the expert Arborists. He stated that his interpretation did not
find the two trees as specimen trees.
Mr. Morgan, Jr. contacted the City Manager and noted that the City’s
arborist, Timothy Davis, did not complete his hazard abatement form. Mayor Randels explained that two arborists, one
independent and one from City staff, prepared tree hazard evaluation
forms. A calculated point system of low,
medium, high or severe summarized the points for a total hazard rating.
Mr. Petsos stated that both, the Certified Independent
Arborist and City staff Arborist, evaluation reports indicated that the trees are
diseased. Mr. Morgan, Jr. informed that
he planned to provide mitigation with healthy trees. The City Arborist stated that if the lot were
left alone, the T-1 tree, the larger tree would continue to grow although it
had a major cavity. He stated the
multi-trunk oak the T-2 is not structurally sound. Mr. Davis stated that the T-1 tree would be
stressed by additional construction. Mr.
Morgan, Jr. informed that the boring showed three inches of quality wood but fibrous
throughout the rest. Mr. Davis restated
that the tree could continue to live without construction around it. Mr. Petsos asked about pruning. Mr. Morgan, Jr. replied that he asked the
Independent Arborist about pruning the damaged portion; however, pruning was
not possible. Mayor Pro Tem Hoog summarized
that the hazard ratings were completed. He said that Mr. Morgan, Jr. submitted
all the requested information and the Arborists evidence supports that the
trees are diseased. He concluded that
his questions have been answered. Mayor
Randels read the City code regarding specimen trees. Mayor Pro Tem Hoog clarified the ordinance
requires that only one of the criteria be met to disallow the tree as a
specimen tree. Attorney Kate LaTorre
clarified that the ordinance reads: undesirable, dead, diseased or trees that
are structurally unsound and could not recover from pruning. If one of these
criteria is present, then the tree would not be considered a specimen tree.
Ms. Brandy Morish displayed photos of the trees in
discussion. She noted substantial new
growth on the tree. Ms. Morish agreed that if left alone, the tree would
prosper. Mr. Joe Ross of
Mayor Randels read that the intent of this division
was, “to encourage the protection of maximum amount of viable trees in this
list and to this end it should be unlawful to destroy such trees.” Mayor Pro Tem Hoog summarized that according
to the ordinance, the trees could be removed and restated that the applicant
met with the requirements. Mr. Craig
Smith asked the City Arborist if the tree in discussion was one of the City’s largest. Mr. Davis replied that there were many other
large oaks throughout the City. Mr.
Smith asked if the tree were in a dormancy stage. Mr. Davis replied that most oaks were in a
growth stage at this time. Ms. Judy Lau
of
Mayor Pro Tem Hoog stated that Mr. Morgan, Jr.
exceeded the ordinance’s requirements and also presented Arborists testimony. He made a motion to have the Building
Official issue a permit for removal of the trees.
A motion was made by Mayor Pro Tem Hoog to
Approve a Request to Remove Two (2) Trees, Sea Shell Cay Townhomes,
Motion failed for lack of a Second.
Mr. Petsos clarified that the Council asked for the
Arborists; therefore, Mr. Morgan, Jr. did not exceed the requirements. Mr. Petsos questioned the consequence of
further litigation if the Council did not approve the tree removal. Attorney LaTorre recommended that the Council
make a decision based on the weight of the evidence. Discussion followed on how construction would
accelerate the tree’s rate of decline.
Mr. Sal Scotto,
Mayor Randels concluded that the trees in question
were identified as diseased trees and were therefore not specimen trees. Attorney LaTorre stated that the applicant
was not obligated to mitigate since the trees were not specimen trees. She recommended that the Council make a
formal finding in its motion that the trees under discussion were not specimen
trees.
Finding of Fact: After
considerable discussion and based on competent evidence presented by the
Arborists, the two trees in question were not found as specimen trees as
defined in the City Code of Ordinances Section 102.36, Definition, Specimen
Trees.
A motion was made by Mayor Randels and
seconded by Mr. Petsos to Approve a Request to Remove Two (2) Trees, Sea Shell
Cay Townhomes,
7. Motion
to Approve: Sea Shell Cay Townhomes,
James Morgan, Applicant. Four (4)
Residential Units Located on
Mayor Randels outlined the conditions met since the
Planning and Zoning Board meeting for Site Plan approval of Sea Shell Cay
Townhomes. Mr. Nicholas questioned a
five-foot sidewalk and requested to retain two Bottle Brush trees on the south
side of
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve Sea Shell Cay Townhomes, James Morgan,
Applicant, for Four (4) Residential Units Located on Sea Shell Lane, Harbor
Heights. 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.
8. Motion
to Approve: Development Agreement with
Canaveral Bulk Storage, Inc. and Ambassador Services, Inc.
Mayor Randels stated that the Attorneys for both
Ambassador Services and the City drafted a Development Agreement for
performance standards. Attorney LaTorre
explained that because several parcels of land comprise the project, the
Development Agreement also creates a Unity of Title for each owner. Mr. Petsos questioned the recording provision
in Section 5A. Attorney LaTorre explained
that the Agreement’s execution established the Unity of Title for development
purposes; therefore, the owner’s could not sell the properties separately without
Council’s approval. She stated that Mr.
May’s Occupational Licensing issue was also remedied through the
agreement.
The Florida Department of Environmental Protection
concerns and that of
7 P.M. She stated that the Agreement
required Mr. May to repair and properly maintain the system to benefit the
health, safety and welfare of
10-days of notice. A default provision in the Agreement would apply to any
unfulfilled obligations.
Mr. Randy May explained that he would work with Mr.
Dick Biery to build garages and storage to create a 26-foot industrial/
residential buffer. Otherwise, a standard wall that is aesthetic on the
residential side would occur. Mr. Petsos
referenced that the Development Agreement provided for one-year with a one-year
extension to build the barrier. Attorney
LaTorre clarified that the extension is for 90-days. The Building Official replied that construction
was within the industrial zoning requirements. Attorney LaTorre remarked on the
unique circumstance of the project and the buffer that each would follow the
distinct requirements for industrial or residential zoning. Attorney LaTorre informed that a Default
Provision in the Development Agreement allowed legal remedies to the Applicant
before proceeding to litigation. Mr.
Petsos referred to Page 6(k) (2) providing for satisfaction in the buffer
construction. Attorney LaTorre replied
that the Agreement did not bind the applicant to the garage/ storage unit, but
to construct a buffer.
Attorney LaTorre explained that any sight and sound
barrier required approval. She stated
that the agreement did not bind the Applicant to build the planned structure,
but to provide a buffer. Mayor Pro Tem
Hoog questioned if the applicant were released from providing an effective
buffer. Discussion clarified that the City noise ordinance would provide
relief. Attorney LaTorre stated that the
Agreement’s provision for Sovereign Immunity was amended to cap the threshold and
reflect what is written in Florida Statutes 768.28. Ms. Shannon Roberts expressed concern with
the number of trucks daily on
A motion was made by Mayor Randels and
seconded by Mr. Morgan to Approve the Development Agreement with Canaveral Bulk
Storage, Inc. and Ambassador Services, Inc.
The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan,
For; Mr. Nicholas, Against; Mr. Petsos, For and Mayor Randels, For.
9. Motion
to Approve: Canaveral Bulk Storage Site
Plan, Randy May, Applicant.
The Applicant requested to construct a conveyor belt
system in the Industrial Zoning district adjacent to Port Canaveral. Mayor
Randels stated that the item was tabled from the previous City Council Agendas
of January 3 and
A motion was made by Mr. Morgan and seconded
by Mayor Pro Tem Hoog to Approve Canaveral Bulk Storage Site Plan, Randy May,
Applicant. 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.
ORDINANCES:
Second
10. Motion
to Adopt: Ordinance No. 01-2006; at
Second
Mayor Randels informed that Ordinance No.
01-2006 was duly noticed on
Mayor Randels read
Ordinance No. 01-2006 by title.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA, EXTENDING
THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER
SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1
COMMERCIAL ZONING DISTRICT ONLY ALONG THE A1A HIGHWAY CORRIDOR FOR A PERIOD OF
SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO
CONDUCT A SURVEY OF THE CITY’S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE
RESIDENTS DESIRE ALONG THE A1A HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND
ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE A1A HIGHWAY CORRIDOR
SHOULD SPECIAL EXCEPTIONS ALONG A1A BE PERMANENTLY DISCONTINUED; AUTHORIZING
ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE,
Mr.
Sal Scotto owner of a property behind
A motion was made by Mr. Petsos and seconded by Mr.
Morgan to Adopt Ordinance No. 01-2006.
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 Mr. Petsos and seconded by Mayor Pro Tem Hoog to extend the meeting to the
conclusion of the Agenda. 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.
11. 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 Second Reading.
Mayor Randels stated that
Ordinance No. 02-2006 was duly noticed on
There was no public
comment.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No.
02-2006 by title. 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:
12. Ballot
Question Amending the City Charter, Article III, Section 1, Elected Officers,
Qualifications and Terms.
Mayor Randels read Article III, Section 1 of the
City Charter. Mayor Pro Tem Hoog related
feedback from some City residents to include Ethics in the City Charter. He discussed the matter with the City Manager
and requested this as an Agenda item for a Resolution to establish a Referendum
to preclude any person charged with an Ethics violation from holding office in
the City. Discussion brought out that a
former City Manager was fired for Ethics violations and now holds public
office. Mayor Pro Tem Hoog requested to
place the matter on the ballot as a Referendum to allow the voters to
decide. Discussion concluded that the
City Board members are not Officers. Mr.
Boucher informed that Board Members are subject to a standard background check
at the discretion of the City Council.
Mr. Petsos pointed out that an Ethics violation is
also created if a person fails to complete a Financial Disclosure Form in a
timely manner. He asked if Mayor Pro Tem
Hoog desired parameters for removal.
Mayor Pro Tem Hoog replied that refusal to file was dissimilar from
neglecting to file in a timely manner.
Mr. Nicholas stated that a violation becomes one when heard by the Ethics
Commission and that Commission also establishes penalty provisions. Mayor Randels questioned if this would create
a double jeopardy for a violator who has already met the penalty provision. Mr. Nicholas stated that Mayor Pro Tem Hoog’s
intent appeared to disallow any person from seeking public office if they were
convicted of an Ethics violation. Attorney LaTorre informed that a number of
violations exist. Attorney LaTorre questioned if the Council’s intent would
apply to existing and future Public Officials.
Council directed staff to provide further research.
AUDIENCE TO BE HEARD:
·
Mr. Bud
Whitney of Canaveral Breakers Annex thanked the Mayor for his assistance
over the years.
·
Mr.
Dave Barker of 8542 Canaveral Breakers Annex expressed concern with an
unfinished building between Canaveral Breakers Annex and the Straw Hat
Lounge. Mayor Randels related that the City
Code previously had no provision for sunset of building permits. Mr. Barker expressed
the need for a change to the previous ordinance. He informed that the property is unsightly, unkempt,
attracts transients and recently experienced a fire. Mr. Barker explained that after the fire, evidence
of transient living quarters was found.
Mr. Barker related that the female residents of Canaveral Breakers Annex
were fearful of the transient population.
He requested that the owner clear the property. Mayor Randels replied the owner planned to
address the concern.
·
Ms.
Beverly Wilson expressed concern that two residents did not wake up when the
Fire Department arrived. She planned
to contact the press if no action was taken. The Building Official replied that Code
Enforcement addressed the issue.
·
Dr.
Charles Pindziak addressed the Council and stated that someone from the
Canaveral Breakers Annex played golf on the lot and was told to stop due to
trespass and the person said that they would also go to the press as Ms. Wilson
stated. He informed that the Canaveral
Breakers Annex dumpsters as well as the driveway were encroaching into the
adjacent property. Dr. Pindziak said that a fence would help the property, but
would hinder those in Canaveral Breakers Annex. He stated that the transients
were entering the property through Canaveral Breakers Annex. He stated that the
lot was posted as No Trespassing. Dr.
Pindziak expressed the difficulty in keeping people off vacant property. He
stated that the owner was unaware of a fire for several weeks. Mr. Bud Hartnick informed that four years ago
he photographed the property in an unkempt state and Dr. Pindziak removed some
of the brush. Ms. Wilson stated that the dry vegetation on the property is a
fire hazard which is against the City ordinance. Mayor Randels concluded that Code Enforcement
would address the matter and he would address the fence and the dumpsters.
Due to the lateness of the hour, no reports were forthcoming.
ADJOURNMENT:
There being no further business,
the Chair adjourned the meeting at 10:50 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK