CITY COUNCIL
REGULAR MEETING
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon Roberts
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Recreation Director Robert
Lefever
Mayor Randels explained that
the Meeting Agenda was changed to accommodate City Council concerns and to hear
from the Audience prior to addressing City business.
REPORTS:
City Council Members
Shannon Roberts
·
Ms. Roberts requested to schedule a fall workshop
related to the
·
Ms. Roberts spoke on a time sensitive issue. She asked to hear from the Building Official
relating to the City Council Appealing the Board of Adjustment’s decision. Mr. Morley reported that Attorney Karl Bohne
responded to him with estimated costs of approximately $5-to $10,000 to make an
Appeal within 30 days. Attorney
Garganese explained that Attorney Bohne would represent the Building Official
and the City would also need to hire his services to defend the Board of
Adjustment.
Mayor Randels
questioned how the City would benefit in a lawsuit against itself and
subsequently pay for both sides of the legal counsel. Ms. Roberts stated that
she understood in Attorney Bohne’s response to Mr. Morley that stated that the
Building Official’s decision had historical merit. Mayor Randels asked if there were any
consensus from the Council to proceed. There
was no consensus expressed by the Council to proceed. Ms. Roberts concluded that the issues of
concern from the community and Coastal Fuels would then be observed in the
natural course of the application of a Special Exception process.
Leo Nicholas
·
Mr. Nicholas expressed his desire to seek someone
to work on documenting the City’s history.
Mr. Boucher replied that he could either pay someone part-time or seek a
volunteer. Ms. Roberts mentioned that
oral histories were yet another approach.
Mr. Nicholas informed that there was an 80-year-old resident that
provided an oral history to the Brevard Historical Commission as well as the
·
Mr. Nicholas also inquired about the model
shuttle. Mr. Boucher responded that
quotes ranged between $80,000 and $150,000.
Council members agreed by consensus to continue research on the model
shuttle project. Mr. Boucher
concluded that he would report back on the past history of the model shuttle.
Buzz Petsos
·
Mr. Petsos inquired about the number of permits
for Resort Dwellings. Mr. Boucher
reported 325 existing units, and 300 anticipated for construction, of the 325
existing, inspections were 30 percent complete.
Mr. Petsos questioned operating a hotel environment in a home and he
asked City Attorney if the City was legally liable under these
circumstances. Attorney Garganese
replied that the Ordinance was fairly new and the City needed to continue
processing the applications and through the inspections, if there were any
violations, the City would need to follow through under the Code Enforcement
process. Attorney Garganese stated how
at this time, penalty mechanisms were limited; however, a Civil Citation
program was forthcoming.
Mr. Petsos
questioned the allowance of one person per 150 square-feet and how that would
calculate for parking. Mr. Morley stated
that that was the calculation for the occupant load for any building. Chief Dave Sargeant clarified that the 150
square-foot calculations was for mobile homes, town houses, and single-family
residences under Florida State Statutes Chapter 633. He clarified that Resort Dwelling units
required more stringent life/ safety requirements since they were operating as a
business in a single family residence.
Mr. Morley clarified that the Building Department addresses the units as
a residential “use.”
Mr. Petsos pointed
out that this was a problem and he was seeking a workable solution to ensure
that Resort Dwellings adhered to all life/ safety and building code compliance.
Chief Sargeant ensured that compliance was being met. Mr. Petsos concluded to have staff confer and
return with a report. Ms. Roberts
requested a more detailed status report from staff since Resort Dwellings could
not operate until the life/ safety compliance was met. Attorney Garganese concluded that Code
Enforcement prosecutions were forthcoming based on substantial evidence. Ms. Roberts included adding parking as a
concern along with Mr. Petsos’s concern.
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog inquired about the paving in
the
Mayor Randels
·
Mayor Randels reported on changing the Teacher’s
In-Service Days to accommodate the General Election voting process. This would keep the student’s off-premises
during voting.
·
Mayor Randels reported on his meeting with the
·
Mayor Randels reported on a water problem at 8106
Presidential Court. Mayor Randels
informed that he found a volunteer in
·
Mayor Randels reported on his successful
participation in seeking a $270,000 award for a water retention system at
Patrick Air Force Base.
AUDIENCE TO BE HEARD:
·
Mr. R. Lamar Russell, Planning and Zoning
Board Vice-Chairperson, spoke related to Council’s discussion on the Board
of Adjustment’s decision. He stated
that the Board’s decision should be allowed to continue to the Appellate Court
through an aggrieved party; however not through the City. He stated that the
Board of Adjustment acted as an Agent of the City.
·
Mr. Harry Pearson, Planning and Zoning Board
Member, stated that there would be an extensive meeting related to the
Developmental Review Process on Wednesday, September 5th. Mr. Pearson also asked the City Attorney to
read the City code related to the Appeals process of a Board of
Adjustment decision. Attorney Garganese
replied from the Codebook that any party aggrieved had the right to Appeal a
Board of Adjustment decision.
BOARD INTERVIEWS:
Chris Hale, Recreation Board [Prospective Alternate
Member Applicant]
Mr. Hale affirmed that
all of the answers on his application were true and correct to the best of his
knowledge. Mr. Hale informed that he had
resided in the City for six years and had just begun playing on the Co-Ed
Softball League. Mr. Hale replied that
there was no conflict of interest between this application and his position
with the Brevard County Health Department.
Mr. Hale replied to Ms. Roberts that he liked the idea of more bike
paths, and he desired to do those things that would continue to increase
attendance at events. Mr. Hale replied
to Mayor Pro Tem Hoog that he is the Emergency Planner for the Health
Department. Mayor Randels thanked Mr.
Hale for his interest and explained that he would be placed on the next City
Council Agenda for consideration as an Alternate Board Member on the Recreation
Board.
Michael E. Michel, Recreation Board [Prospective
Alternate Member Applicant]
Mr. Michel was not in attendance.
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of
2. Resolution No. 2007-23; Reappointing a
Regular Member to the Planning and Zoning Board, R. Lamar Russell.
Mayor
Randels acknowledged that Mr. Russell had been a Board member since
3. Proclamation in
Recognition of John Barry Day,
4. One-Year Renewal of the Street-Sweeping
Contract with
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove any of the Consent Agenda items for
discussion.
Ms. Roberts requested to remove the City Council
Regular Meeting Minutes of August 21st for discussion.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Agenda Items No. 2 through 4.
The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, For, Mayor Randels, For, and Ms. Roberts, For.
1. City Council Regular Meeting Minutes of
Attorney Garganese pointed out
that his name was omitted from the attendance list at the August 21st
meeting. The City Clerk would make that
correction.
Ms. Roberts requested to have
the Parking Board discussion items as a separate bulleted list within the
Minutes. Ms. Roberts requested an
itemized list at the end of the minutes.
Mr. Boucher stated that the City Clerk highlighted the Parking Board
issues throughout the discussion within the Minutes. Ms. Roberts stated that although the issues
were highlighted in the text, she desired to see them listed at the end of the
document.
Ms. Roberts stated that the
format of having the items within the text did not enable follow-up action and
she had experienced lack of action on several of her items. Ms. Roberts requested a separately documented
list. Mr. Boucher concluded that he would compile a separate list of the
Parking Board items for distribution to City Council. Mr. Petsos responded that he was agreeable to
a list from the City Manager.
Ms. Roberts re-stated to have
the Parking Board list as part of the Minutes.
However, she stated that if the Council did not desire to have the
Parking Board list as part of the Minutes, then every Council member should
have the City Manager’s list related to the Parking Board discussion. Ms. Roberts expressed her concern in the
Council not gaining consensus on items from the Parking Board list. At the time of her vote, Ms. Roberts
registered her concern in not having the Parking Board discussion items as part
of the Minutes.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Approve Consent Agenda Item No. 1 as amended to include that City Attorney’s
name in attendance. The vote on the
motion carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For, Mayor
Randels, For, and Ms. Roberts, For.
CONSIDERATIONS:
5. School Resource Officer
Agreement with the City of
Mayor Randels explained that
the Brevard County School Board pays for 55 percent of the cost. The remaining 45 percent was paid based on
each City’s student attendance percentage.
There was no other comment.
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to
Approve the School Resource Officer Agreement with the City of
6. Quarterly Budget Report and Transfers for the Second Quarter
Ending
06-30-07.
Andrea Bowers, City Treasurer,
stated that at this time 80 percent of Revenue had been collected. Ms. Bowers
stated that she had distributed an amended Fund Balance that increased the
unrestricted, undesignated balance. Ms.
Bowers informed that she revised the Building Department account related to
Professional Services. She performed similar adjustments in the Planning and
Zoning budget as well as in the Public Works – Wastewater Treatment Plant
budget.
Mayor Pro Tem Hoog referred to
Revenues related to violation of local Ordinances. Ms. Bowers replied that the
City had received funds related to violations such as Code Enforcement and
False Alarms. Ms. Roberts asked Ms. Bowers to clarify the Resolution relating
to the City of
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve
the Quarterly Budget Report and Transfers for the Second Quarter Ending
DISCUSSION:
7. Townhouse Code.
Mayor Randels informed that Council would discuss the common use areas
related to the Townhouse Code. Mr.
Boucher explained that this discussion came about due to questions that arose
at the previous City Council Meeting on a Final Plat of a town home. Mayor Randels asked the Building Official if
there was a Building Department document for common use areas. Mr. Morley replied that every town house has
a common wall and a roof that abuts an adjoining roof. Mr. Morley replied to Mayor Pro Tem Hoog that
one common element for drainage would be a swale. A covenant however would protect each
individual lot.
Mr. Russell related on how in the past the City did not have a Townhouse
Ordinance and he explained the background of town house planning. Mr. Russell stated that once the City
established the Townhouse Ordinance the developers were in favor of it. Mr. Russell explained that in the Townhouse
Ordinance the City required a document for submission to City staff related to
an agreement between the developer and the unit owner. Mr. Russell stated that although the parapet
was high enough to provide a separate roof, the shingles were still in common
and an Agreement was still necessary.
Ms. Roberts pointed out that the City Manager recommended amending City
code section 110-377 and she asked for Mr. Russell’s opinion on the
recommendation. Mr. Russell stated that
during a brief time during his absence from the Board, the Townhouse Ordinance
was eliminated. Mayor Pro Tem Hoog
pointed out that the last sentence of City code section 110-377 called for a
maintenance program. Ms. Roberts
recalled that at the previous meeting Mr. Russell had said that some element
was eliminated from the process.
Mr. Boucher informed that Brevard County Property Appraiser’s office
required time sensitive information such as an Opinion of Title. Mr. Boucher explained that the City’s
re-platting procedure needed shortening in order to meet this County
requirement. Mr. John Johanson,
Mr. John Butler related his problem of being approved at the Preliminary
Plat level and then amended at the Final Plat level. Mr. Morley agreed that
there was not much required at the Preliminary Plat approval level; however,
Mr. Butler met with several problems during the Final Plat approval. Mr. Morley reminded that the City Attorney
directed City staff to record the Plats and not the developer. Mr. Morley also informed that the City code
book was contradictory stating City Code section 95-62 states that the
developer will record the Plat and City Code Section 98-58 states the City
Clerk will record the Plat. Mr. Morley
explained that when City staff would present the re-plat for recording at the
County office, there were items required of which the City was not aware. Mr.
Butler also related on the lengthy engineering review process.
Ms. Roberts recommended, “process mapping” as a management tool for City
staff to help with the Plat approval process.
Mr. Boucher stated that these issues related to coordination among staff
departments. Council members agreed
by consensus to forward this issue to the Planning and Zoning Board for further
discussion.
8.
Ms. Roberts stated this as an opportunity
for the Planning and Zoning Board to review what green space was available in
the City based on the current setback requirement. She requested to have the Board modify the
setback requirements in order to adjust the amount of green space. Ms. Roberts stated that the current City code
limited green space.
Mr. Russell stated that this particular
discussion was in its third round of debate.
Mr. Russell informed that there was a 35 percent lot coverage
requirement as well as the setback, swale, and drainage requirements that would
also decrease the footprint. Ms. Roberts
expressed her concern with the lack of green space and decimated trees. She stated that the existing City code was
not strict enough. Ms. Roberts requested
to have City staff review what was done by other municipalities related to green
space.
Mr. Russell informed that the Planning and
Zoning Board had provided research from other municipalities. Mr. Nicholas stated that there must be some
type of compromise or agreement between increased space and taller
buildings. He also stated that lot
coverage did not take into account the impervious surfaces related to parking
areas and driveways which added to runoff.
Mr. Russell added that developers could use pervious concrete. Ms. Roberts pointed out that increased green
space was one of the previous Community Survey concerns.
Mr. Arthur Berger cautioned the Council in
light of other municipalities that applied this concept; however, it resulted
in devalued property. Mr. Berger pointed
out that the City had park areas in which to apply green space concepts and he
stated that he was not in favor.
Attorney Garganese pointed out for the Council to not lose sight of
public green space areas as part of their strategy such as what was
successfully done at the
Mr. John Johanson reiterated on the City
Attorney’s concept of public greening. Discussion followed on the limited
number of existing side-by-side lots in the City. Mr. Johanson also stated his agreement with
Mr. Berger on the possibility of devalued property.
Ms. Roberts recommended forwarding the item
to the Planning and Zoning Board for further discussion. Mr. Russell stated that the Planning and
Zoning Board could review other municipal regulations and discover if there was
anything the Board had missed. Ms. McNeely
stated that discussion would be futile; however, Council could also hear from
the other six Board members. Council’s
consensus was for the Planning and Zoning Board to review this item at their
discretion.
REPORTS:
City
Manager
·
Mr.
Boucher reported that Buzz Petsos, Shannon Roberts, and Craig Stewart were the qualified candidates in the November
General Election.
·
Mr.
Boucher reported on the notice of City’s
intent to adjust the Sewer Rates would reach residents before the City
Council Meeting on September 18th.
·
Mr.
Boucher reported on an inquiry on the
$116,000 Pay-off of the Lien related to the Paul Jindra property.
·
Mr.
Boucher reported on the First Budget
Hearing on Wednesday, September 5th and the Development Review Process meeting immediately following.
·
Mr.
Boucher announced the
·
Mr.
Boucher announced the Planning and
Zoning Meeting on September 12th at 7:30 P.M. with a special
presentation on Mixed-Use Development.
·
Mr.
Boucher announced the Chronic Nuisance
and Civil Citation program meeting on Thursday, September 13th. Mr. Petsos announced that he would arrive
late to this meeting.
·
Mr.
Boucher announced a Code Review Workshop
meeting at 5:30 P.M. on Tuesday, September 18th and a
·
Mr.
Boucher announced a Final Budget Hearing
on Tuesday, September 25th at 5:30 P.M. and immediately following
the Budget Hearing an Evaluation and Appraisal Report Workshop.
·
Mr.
Boucher announced a Sign Code meeting on
Thursday, September 27th.
·
Mr.
Boucher informed that the Ron Jon
presentation had not been rescheduled.
·
Mr.
Boucher reported that paving on
Staff
Acting
Recreation Director
·
No
report.
Building
Official
·
No
report.
City
Treasurer
·
No
report.
City
Clerk
·
No
report.
City
Attorney
·
No
report.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 9:45 P.M.
_________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK