CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
November 20, 2007
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00
P.M.
PLEDGE OF ALLEGIANCE:
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
Building Official Todd
Morley
OATH OF OFFICE:
The
City Attorney administered the Oath of Office for City Council Members Shannon
Roberts and Buzz Petsos.
REPORTS:
City Council Members
Council Member Roberts
·
Ms. Roberts referred to the article in Florida Today
that reported on the soot coming from the ships in the
·
Ms. Roberts inquired about the inoperable City
sign lights. The repair was
performed.
·
Ms. Roberts requested focusing on making Cape
Canaveral a “Green” City as well as a “Tree” City. Mayor Randels replied that the City received
a letter on August 29th affirming that it was still a Tree City
member however no further action had occurred.
Ms. Roberts requested some strategic action to follow that declaration.
·
Ms. Roberts questioned the anticipated stop sign
on Shorewood Drive. Mr. Boucher
distributed aerial photographs of the area. He related from the County that in
order to obtain a three-way stop at Shorewood Drive and North Atlantic Avenue,
the City would need to eliminate the right turn lane. He pointed out the ingress and egress for the
three communities in the areas of Shorewood, Villages of Seaport and Mystic
Vistas. Mr. Boucher explained the impact
of eliminating the right turn lane. He
desired to obtain a concept plan and inform the residents of any anticipated
plan prior to taking action.
·
Ms. Roberts questioned the status of the left
turn lane at North Atlantic Avenue and Central Blvd. Mr. Boucher replied that he received a
temporary construction easement and was awaiting an easement from a property
owner.
·
Ms. Roberts inquired about grant funding for
benches and bus shelters on State Road A1A.
Mr. Boucher replied that the City was on the grant-funding list;
however, a response may take up to one year.
Council Member Nicholas
·
Mr. Nicholas inquired about a sick leave pool
in order to assist an employee who was in need of additional time. He requested that staff to research the
possibility of advancing or borrowing accrued sick leave time for an employee’s
use.
·
Mr. Nicholas related that he received a call from
Mr. Kohn Bennett who wanted to discuss the Cape Caribe project. Mr. Nicholas stated his request for Cape
Caribe representatives to not approach the Council individually and requested a
Workshop for this subject in order for the Council to hear from Cape Caribe as
a whole. Mr. Petsos went on record
stating that he met with Cape Caribe and suggested a Workshop and he also
encouraged citizen participation. Ms.
Roberts also disclosed that she too met with Cape Caribe and suggested a Workshop
Meeting as well as a Development Agreement.
Mr. Nicholas expressed his concern with a Development Agreement being
reached without the Council’s consensus.
Mr. Boucher
related Cape Caribe’s intent to meet with the Council at their December 4th
meeting. Mr. Boucher related that
another firm would also like to meet with Council to present a professional
retail center. He stated that the projects would also be placed on the Planning
and Zoning Board Agenda. Mayor Pro Tem
Hoog disclosed that he met with Cape Caribe and he suggested that they bring
their presentation to a public meeting.
Ms. Roberts asked for clarification on Mr. Nicholas’s position. Mr.
Nicholas clarified his preference to meet with developers in an open public
meeting. Ms. Roberts then asked if the
Council should meet individually or collectively. Mayor Pro Tem Hoog stated that Council
Members had the option to meet in either way.
Mr. Petsos expressed the need for developers to also meet with their
neighboring community. Mayor Randels
referred to how this was done with the Mermaid Key project. Mayor Randels suggested a Public Meeting in
the Cape Canaveral Library Meeting Room.
Mayor Randels polled the audience and concluded that a meeting with the
public at 7 P.M. was acceptable.
·
Mr. Nicholas expressed his chagrin that the Business
and Cultural Development Board chose to discuss a name change for the City. Ms. Dianne Marcum, Business and Cultural
Development Board Member, explained that the item was discussed; however after
discussion, by general consensus no action was taken.
·
Mr. Nicholas requested to soon have an Agenda item
related to the Oral History project.
Council Member Petsos
·
Mr. Petsos expressed his concern with contacting
residents in the north end of the City related to installing a four-way stop
sign on North Atlantic Avenue. He
requested to pursue this with some action.
·
Mr. Petsos also expressed the need for bus
shelters in the City. Mr. Nicholas
suggested purchasing the property to accommodate the bus shelters.
·
Mr. Petsos requested a prioritized list of the Master
Schedule of Projects. He expressed
his desire to accomplish two to three of the Council’s prioritized projects.
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog asked if there were any action on
the shrinkage and cracking in the City’s streets. Walter Bandish, Public Works Director,
replied that testing was done and submitted to the City Manager. Mr. Boucher replied that results of the test
boring were available. Mr. Petsos stated
the need to have someone investigate this issue before potholes occurred to the
newly paved streets. Mr. Bandish stated
that he could have an independent party investigate the streets. Ms. Roberts mentioned that tar was deposited
on some residents’ driveways. Mr.
Bandish responded that pressure washing had occurred after the project. Mayor Randels suggested that Ms. Roberts’
supply Mr. Bandish with the addresses in need of pressure washing.
Mayor Randels
·
Mayor Randels announced that the Florida League of
Cities chose City Attorney Anthony Garganese as City Attorney of the Year.
·
Mayor Randels informed that Cape Canaveral
participates in the Communities for a Lifetime Program. Cape Canaveral was one of the first in
the State to participate and Brevard County was the first to have participation
from all of its municipalities.
·
Mayor Randels informed that Cape Canaveral purchased
from the TRIAD for Brevard Seniors project lifesaver bracelets, which
were still available.
·
Mayor Randels related on how the Florida League of
Cities strives to educate our State residents of the economic fallout
anticipated from the proposed property tax issue.
·
Mayor Randels reported that in light of an average
6.2 percent national increase in health insurance; the City’s employee
health benefits were kept within budget this year.
·
Mayor Randels informed that Voter’s Guides were
available at the City Clerk’s office and how the Guides proved informative
on provisional ballot information.
AUDIENCE TO BE HEARD:
Ms. Joyce Hamilton, of
110 Jefferson Avenue, presented a formal thank you letter to the City
Council and Staff for their work. She
referred to November as a month to give thanks and recognized our country’s
Veterans. In conclusion, Ms. Hamilton
acknowledged the City Attorney’s recent Award from the Florida League of
Cities.
Mr. Ray Osborne
addressed the Council related to a German delegations' visit coming to
Huntsville, Alabama on January 31st for the Anniversary of Explorer
I. He asked if there were any interest
from the Council to discuss the City’s participation in the Huntsville
visit. He recognized that Peenemuende
was a dark point in history; however, by involving this city those who died
there would be honored. Ms. Roberts
stated that the City might want to seek out Huntsville’s plans. She informed that the Cape Canaveral Air
Force Station had celebratory plans and if the Council agreed to participate,
the City would want to contact Emily Perry or Jim Banke who were working on
this project. Ms. Roberts was not
seeking a Sister City relationship but to participate in hosting the
delegation.
Mr.
Osborne then inquired if the City would accept the delegation visit if it were
sponsored by another enterprise. Mayor
Randels replied that there was still the perception of expending public funds
on the visit. Mr. Nicholas stated that
he did not see this as an honorable association given the origin of
Peenemuende. Mr. Petsos expressed that
he did not see the benefit to the community.
Mayor Pro Tem Hoog responded to Mr. Nicholas on the need to release
negativity of the past. However, he reminded that the City has four Sister City
relationships with little benefit.
Mr.
Osborne stated that this would provide new contacts and he expressed the need
to preserve the City’s intangible assets such as the branding of the City’s
internationally known name. Ms. Roberts
stated that there was a connection between the cities given the space industry
in the community and the unique role that Marshall Space Flight Center and Kennedy
Space Center played with both the design and the actual launch in the early
space program. Ms. Roberts stated that
Mr. Osborne was not seeking a Sister City relationship but to participate in
the delegations’ visit.
Mr.
Boucher stated that there were associated costs, for example lodging, with the
visit. Mr. Osborne reminded that
corporate sponsorships could be sought and he had already approached IAP
Worldwide Services. Mr. Osborne stated that he could develop a plan and present
it to a corporate sponsor with the City providing a meal and he would also seek
corporate sponsorship for their air travel.
Ms. Roberts mentioned potential participation from Delaware North Parks
Services that manages the Visitor’s Center.
Mr.
Osborne concluded that the Mayor of Peenemuende desired to hear from the Mayor
of Cape Canaveral. Ms. Dianne Marcum
informed that the Business and Cultural Development Board had discussed this
and found there were stringent criteria to participate as a Sister City. Ms. Marcum stated that any action on the
City’s part might be perceived as a step toward a Sister City
relationship. Mayor Randels requested
that the City Manager seek further information from the City of Huntsville
regarding their relationship with Peenemuende.
Ms. Roberts pointed out the historical relationship with Peenemuende,
stating how space port design started in Peenemuende and ultimately influenced
the space port design that we currently have at the Kennedy Space Center.
Mr. Joe Lourcey,
Portable on Demand Storage [PODS], Manager, requested reconsideration of the
City’s current Ordinance on PODS.
Mr. Lourcey provided statistics on PODS deliveries, which has remained
consistent since 2003. Mr. Lourcey
concluded that he was seeking a 7-day grace period that would allow for
delivery prior to obtaining a permit.
Todd Morley, Building Official, stated that fees were set based on
valuation. Mr. Morley suggested using a
deposit. Mayor Randels concluded that
the City Manager made note of Mr. Lourcey’s request. Mr. Petsos stated the need to focus on the
time factor related to PODS remaining on the premises in that Mr. Lourcey’s
company was not the only vendor for PODS.
RESOLUTION:
1. Motion to Approve Resolution No. 2007-37; Electing a Mayor Pro Tem.
Mayor Randels read Resolution No. 2007-37 by title.
A RESOLUTION
OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Randels nominated Mayor Pro Tem Hoog for another
year as Mayor Pro Tem of the Council.
Ms. Roberts asked if the Council would accept another nomination. Ms. Roberts nominated Buzz Petsos. Mr. Petsos declined however and supported the
original motion. The second nomination
died for lack of a second.
A motion was made
by Mayor Randels and seconded by Mr. Nicholas to Approve Resolution No. 2007-37
Electing Bob Hoog as Mayor Pro Tem for the 2007/ 2008 year. 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.
CONSENT AGENDA:
2. City Council Regular
Meeting Minutes of October 16, 2007.
3. City Council Special Meeting Minutes of November 8, 2007 –
Certifying the November 6th, General Election Results.
4. Resolution No. 2007-36; Appointing a Regular Member to the
Beautification Board – Bradley Varuska.
5. Outdoor Entertainment Permit for the 12th Annual
Reindeer 5K Run/Walk for United Way of Brevard County.
6. Outdoor Entertainment
Permit for the American Legion’s Picnic.
7. Proposal to Construct Sidewalks on Buchanan Avenue in the
Amount of $45,309.
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove the Consent Agenda item for discussion.
Ms. Roberts
and Mr. Petsos requested to remove Item No. 7.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Hoog to
Approve Consent Agenda Items No. 2 through 6.The vote on the motion carried
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Nicholas, For, Mr. Petsos, For, Mayor Randels, For and Ms.
Roberts, For.
7. Proposal to Construct Sidewalks on Buchanan Avenue in the
Amount of $45,309.
Mayor Randels explained that
this project was for the north side of Buchanan Avenue. Mr. Bandish informed that this project was
inclusive from State Road A1A to the beach.
Mr. Petsos stated that in the past, the Contractor presented linear
footage. Mr. Bandish requested to remove the item from the Agenda for further
review. Ms. Roberts asked how
Buchanan Avenue fit into the Master Plan.
Ms. Roberts also requested to see the Master Plan for orientation
purposes and a street installation schedule as a project status reminder. Mr.
Bandish informed that the Prime Path was designed to accommodate the citizens
and students walking to the Library and Cape View Elementary School and the
Library. Ms. Roberts related that recent
community input requested bikeways and broadened sidewalks.
Mr. Bandish replied to Mr. Tom
Garboski that sidewalks were in the right-of-ways not on private property. Mayor Pro Tem Hoog pointed out that the City
sought to install sidewalks and assess developers after their
construction. Mr. Boucher explained how
previous discussion concluded that the City would wait under property
development due to the lengthy procedures related to assessment. Mayor Randels
stated that staff would provide further clarification on the sidewalk
installation and assessment discussion.
Mr. Petsos requested to review the Ordinance related to sidewalks
installation and assessing the developer.
Mayor Pro Tem Hoog restated that his question referred to the fact that
an Ordinance was passed to install sidewalks and assess the developer and he
desire to know if assessments were being performed. Mayor Randels concluded
that Mr. Bandish would return with a map and status of the Prime Path Plan.
CONSIDERATIONS:
8. Motion to Approve: Proposal for a Marketing &
Promotional Video in the Amount of $10,000.
Mr. Jay Van Dyke, Communication
Concepts Inc., informed that the firm would present three creative concepts for
the City’s consideration. He stated that
they would develop a less than five-minute video based on those concepts. He also noted that a video file would be
available for streaming on the City’s web site.
Mr. Van Dyke stated that seven to nine weeks was the anticipated time
for development, which was stated in the Contract as well as the Proposal.
Ms. Dianne Marcum asked if the
Council desired for the Business and Cultural Development Board to review the
video prior to their review. Ms. Roberts
requested that the Board, as well as staff, partner with the firm for the video
development. Ms. Roberts asked if there
would be an outline of the three concepts.
Mr. Van Dyke replied that the firm would create three concepts and then
seek approval of one concept. Mr.
Boucher concluded that the Business and Cultural Development Board previously
partnered with the firm on the video development and he recommended that they
do the same with this project.
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to
Approve a Proposal for a Marketing & Promotional Video in the Amount of
$10,000. 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.
9. Motion to Approve:
Cooperative Purchase of an Emergency Generator for Sewage Lift Station
No. 1, in the Amount of $59,370.
Mr. Bandish explained this as a
stand-by generator for Lift Station 1.
This generator was essential to a major City sewage line on Washington
Avenue. Mr. Bandish stated that the
specifications provided for a standard 125-kilowatt generator; however,
additional parts, such as batteries were an added cost. Mr. Bandish responded to Mr. Tom Garboski’s
question on the type of generator that the generator used diesel and was
double-walled and self-contained with an automatic shut-off. Mr. Garboski asked how long the diesel tank
would last in an emergency. Mr. Bandish
informed that he chose a 500-gallon tank with a 73-hour run time.
Mr. Leon Maged inquired about
its durability due to the environment on the coast. Mr. Bandish replied that the generator was
all cast aluminum and salt durable. Mr.
Nicholas pointed out the related aesthetics and asked if landscaping was
considered for screening purposes. Mr.
Bandish replied that the tank would be painted.
Mr. Boucher added that staff would look into screening. Mayor Pro Tem Hoog inquired about burying the
tank.
Mr. Bandish replied that the
500-gallon tank was built into the generator’s base.
Mayor Randels replied to a
question from the audience that the generator was 5-feet high and 8-feet
long. Mayor Pro Tem Hoog inquired about
maintenance. Mayor Randels read that the
generator had a two-year, unconditional warranty. Mr. Bandish informed that the two generators
at the plant location were independently serviced on a monthly basis. Mr. Bandish replied to Mayor Randels that the
generator could be set up to run at an established time of once per day, week,
or month.
Ms. Roberts clarified that this
was one of four planned purchases. She
asked if the other three purchases were anticipated in the next five
years. Mr. Bandish affirmed. He explained that this generator was the
largest of the four in order to support one of the City’s largest Lift
Stations. Mayor Pro Tem Hoog inquired
about the “normal business hours” clause related to normal repairs, parts, and
labor. Mr. Bandish replied that he would
identify what the normal business hours.
Mr. Bandish affirmed for Mr. Petsos that the generator was pad-mounted
and the pad was already in place.
Mr. Morley requested that the
Council waive the associated Building Permit fees.
An amendment was made by Ms. Roberts and seconded by Mr. Nicholas to
Waive the Associated Building Permit Fees. 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.
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to
Approve a Cooperative Purchase of an Emergency Generator for Sewage Lift
Station No. 1 in the Amount of $59,370 with an Installation Cost of $4,750 as
Amended. 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.
ORDINANCES:
First Public Hearing:
10. Motion to Approve: Ordinance No. 07-2007,
Amending Chapter 110, Creating an Appellate Review Procedure from Final
Decisions of the Board of Adjustment or Community Appearance Board, at First
Reading.
Mayor Randels read Ordinance No. 07-2007 by
title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING OF
THE CODE OF ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL
DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY
COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING, CHAPTER 22,
COMMUNITY DEVELOPMENT AND CHAPTER 98, SUBDIVISIONS; CLARIFYING THAT APPLICANTS
ARE RESPONSIBLE TO PAY THE COST OF NOTICES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor
Randels informed that the Planning and Zoning Board recommended against amending
Chapter 110 by this Ordinance. Mayor
Randels read the Planning and Zoning Board Minutes of October 10, 2007
specifying the reason for the Board’s unanimous vote against the amendment.
Mayor Randels briefly explained that the Council would hear any appeal from the
Board of Adjustment or Community Appearance Board prior to proceeding to
Appellate Court. Ms. Roberts recommended
proceeding with the Ordinance. She
stated that this Ordinance would provide the aggrieved party with another step
within the City. Ms. Roberts stated that
as Elected Officials, the Council has the responsibility to hear an aggrieved
party prior to an appeal proceeding to the Appellate Court process.
Ms.
Roberts inquired about the statement that the Board made that “no City in the
County allowed for their Council’s participation in the Appeals process.” Attorney Garganese explained that since 1973
municipalities had the power to adopt their own procedures. In the City of Melbourne, the City Council
approves Conditional Uses, otherwise known as Special Exceptions. He also recounted the Council’s authority in
zoning issues in Vero Beach, Altamonte Springs, and Winter Springs. He stated that the Council could establish
its own procedures under the Municipal Powers Act.
Ms.
Roberts stated that the Ordinance preserves the Board of Adjustment and
provides the community with another step in the Appeals process. Mr. Petsos stated that the Council was not
removing the Board’s authority, but allowing for another step in the process
that could possibly avoid unnecessary legal action and Court costs. Mayor Randels stated that at some point, the
Board of Adjustment should be the recommending body and he was hesitant about
limiting the Board’s decision-making capacity.
Ms. Roberts clarified that the Council would serve as another City-based
entity of review while maintaining the traditional roles and responsibilities
of the Boards. Mayor Randels read from
the Ordinance on how it would remove the Board’s final decision-making
authority on Variances, Special Exceptions, Administrative Appeals, as well as
flood plain administration, nonconformities, concurrency, zoning district
boundaries, wireless telecommunication towers, stormwater management, and
signs.
Attorney
Garganese made note that only the Board of Adjustment’s procedures would change
with this Ordinance. He explained that
an Appeal would need to occur in order for the Council to enter the review
process. Mr. Nicholas stated his view on
how if an Appeal was made, and the Council entered the Appellate process, then
politics also enters the process. Mr.
Petsos replied that the Council would desire to maintain their discussion
within the law and with the City Attorney’s assistance. Ms. Roberts stated that collectively the
Council represents all residents in the City.
Mr. Nicholas then suggested a referendum for each issue.
Mr.
Petsos stated that he would prefer to bear the brunt of any hostility and not
the volunteer Board members. Mayor Pro
Tem Hoog stated that politics would not enter the issue as long as the Council
upholds the Ordinance. Mayor Pro Tem
Hoog supported the Board’s role in recommendation; however, the Council should
bear any hostility. He stated that if
the Board’s decision was within the City’s zoning laws then the Council’s decision
would be the same as the Boards. Mayor
Pro Tem Hoog stated his support of the Ordinance. Ms. Roberts reminded that this Ordinance
provides the aggrieved party with an avenue to be heard versus proceeding to
Appellate Court.
Mr. Werner Grewe acknowledged that while Council’s
discussion of the Ordinance called for preservation of duties, in the case of
Coastal Fuels the Board of Adjustment behaved in an unfair and uncalled for
manner. Mr. Grewe stated that in the
Council meetings residents were heard and issues fairly discussed; however, not
so with the Board of Adjustment. He
stated that a change could be made at this time with the Board remaining in
existence; however, as a recommending body.
Mr.
Grewe stated that the Board Chair told him that he had no legal background and
denied him the right to speak related to the tank expansion at the Appeal
hearing. Mr. Grewe stated how the Board
trivialized and dismissed his concerns.
Mr. Grewe related how the Attorney Rick Torpey, distorted the history of
the Coastal Fuels tank farm development.
Mr. Grewe referred to a letter dated in June and expressed that the
Coastal Fuels tanks were a non-conforming operation. Mr. Grewe stated that two applications were
presented: 1) by Craig Smith, a tank farm, build-out, and 2) Mr. Torpey brought
out a new application that was in “abeyance.”
Mayor
Randels interjected by saying that the Council could not re-try the case at
this point. Mr. Grewe then stated that
the Council would be more tolerant and more inquisitive of the details on an
issue. Mayor Pro Tem Hoog stated that at
that given time the Council did not have the authority to enter the Appeals
process and the guidelines of the Ordinance were used during the Appeals
process. Mayor Pro Tem Hoog stated that
Coastal Fuels had the right to apply for expansion.
Ms.
Roberts clarified, based on Mr. Grewe concerns, that the Board of Adjustment
was not as inquisitive in an Appeals situation as the City Council might have
been. Ms. Roberts stated that the Appeals
process was not participatory and the public was not heard during the Appeal
hearing. Mayor Pro Tem Hoog replied that
an Appeals hearing occurred strictly between the two parties and was subject to
law.
Attorney
Garganese reminded the Council that the issue was under Appeal at this time
with the Circuit Court and he recommended that the Council refrain from
detailed discussion. Mr. Grewe pointed
out that the Planning and Zoning Board had reviewed many facts and Mr. Morley
had physically counted tanks; however, the Planning and Zoning Board’s decision
was discounted.
Mayor
Randels asked the City Attorney if the Council had been the Appeals Board,
would they be able to hear any audience questions. Attorney Garganese explained that the
Ordinance would allow the Council to serve in an Appellate capacity under the
same rules and process used by the Board.
Ms. Roberts stated that Council’s traditional role was to hear all
parties.
Mayor
Pro Tem Hoog questioned on who becomes an aggrieved party when Council
addresses an issue, the corporation or the residents. Attorney Garganese explained that whoever is
contrary to the decision, they would become the aggrieved party. The decision would have to adversely impact
that aggrieved party.
Mr. John Bond stated that one document would have changed
the entire decision. He also opined how
residents lost respect for the Board’s decision when the Board Chair’s opinion
discounted the Fire Chief’s expertise.
Mr. Gene Duncan stated his largest concern in the way the
Chair handled his authority and conducted the meeting. He also stated his unfavorable impression
with an outside Attorney representing the Building Official and Law
Enforcement’s presence at the Appeals meeting in light of a veiled threat.
A motion was made by Ms. Roberts and
seconded by Mr. Petsos to Approve Ordinance No. 07-2007. The vote on the motion carried 3-2 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, Against, and Ms.
Roberts, For.
A motion was made by Mayor Pro Tem Hoog and
seconded by Ms. Roberts to extend the meeting for Fifteen Minutes. 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.
11. Motion to Approve: Ordinance No. 09-2007,
Repealing City Code Section
110-376, related to Preservation of Trees, at First Reading.
Mayor Randels read Ordinance No. 09-2007 by
title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, REMOVING
SECTION 10-376 FROM THE CITY CODE CONSISTENT WITH REPEAL PROVISION CONTAINED IN
SECTION 4 OF ORDINANCE 05-2005; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
Mayor
Randels explained that this Ordinance would correct an inconsistency in the
City code related to tree preservation and was thereby a housekeeping issue.
There
was no public comment.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 09-2007. 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.
12. Motion to Approve: Ordinance No. 10-2007,
Amending Section 110-491, Setting Forth Off-Street Parking Requirements for
Resort Dwellings, at
First Reading.
Mayor
Randels read Ordinance No. 10-2007 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
SECTION 110-491 OF THE CITY CODE REGARDING OFFSTREET PARKING REQUIREMENTS;
SETTING FORTH OFFSTREET PARKING REQUIREMENTS FOR RESORT DWELLINGS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mr.
Petsos stated that he saw no change in the required number of parking spaces
for Resort Dwellings in the Ordinance.
Mr. Morley related that he assisted the Planning and Zoning Board with
options. Comparisons between resort
dwellings and hotels were made and in conclusion the Ordinance was developed in
order not to penalize the resort dwelling or resort condominium
applicants. Mr. Morley explained that
the existing amount of space was acceptable for the duration of the resort
dwelling existence. Ms. Roberts proposed
using the number of bedrooms, or bedroom space that could be declared at the
time of Certificate Application. Mayor
Pro Tem Hoog suggested using the Civil Citation Ordinance to address the problem. Mr. Morley stated that parking was not
included in occupant load.
Ms. Debra Carroll, Cape Canaveral resident, informed that she
owned six condominiums. She stated the
unfairness of two parking spaces for a one-bedroom apartment. Ms. Carroll also stated that creating
additional parking was a penalty when she could not create more land. Ms. Carroll specified that any persons using
a one-bedroom resort dwelling would generally use one vehicle. She stated that the parking issue was related
to a limited few that bought in areas where the owners could not create more
space. Ms. Roberts re-stated her
proposal of using bedroom space as a standard.
Mayor Pro Tem Hoog stated that this would discriminate against resort
dwellings over residential. Mr. Morley
reported that hotels have one parking space per every unit and are
traditionally enforced by the number of keys.
Mr.
Harry Pearson of the Planning and Zoning Board, stated that the Board discussed
parking related to resort “dwellings” only, not resort condominiums. Mr. Pearson informed that a third category
emerged of small units with one bedroom and one parking space for that
bedroom. Ms. Elise Cunnigan stated that when governments historically passed
a law, there were pre-existing conditions.
She stated that one could not create more ground and this issue related
to only a few. Mr. Boucher referred to
the one-bedroom dwellings and clarified that when the use changed from a
monthly rental to a resort dwelling, then the parking would also need to
conform to the new use standard of two parking spaces per unit. Mr. Morley expressed that this would become a
limiting tool as the intent of the Ordinance states in one of the Whereas
clauses to restrict the number of resort dwellings. Mr. Boucher stated that the
proposed applications that could not meet the parking regulations would be
denied. Ms. Carroll concluded that she
was being penalized.
A motion was made by Mayor Randels and
seconded by Mr. Petsos to Table Ordinance No. 10-2007. 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.
DISCUSSION:
13. Ocean Woods Homeowners Association, Inc.
Request for the City to Assume the Maintenance Responsibilities of Their Storm
and Sanitary Sewers.
Mayor
Randels informed that the Council had a letter from Ocean Wood Homeowners’
Association related to the City assuming maintenance responsibility for the
Ocean Woods’ Storm and Sanitary Sewers.
Mayor Pro Tem Hoog stated that if Ocean Woods accepted public funds then
they would no longer be a gated community but a public road. Mr.
Richard Worley of 8718 Banyan Way, Ocean Woods stated he that received
services from other public utilities while remaining a gated community. He stated that he was requesting a service
for which they were already paying on sewage and stormwater maintenance.
Mayor
Pro Tem Hoog re-stated that expending public funds would require that the road
become a public road. Mr. Bandish
explained how their lateral private sewer line goes from their home to the main
sewer line. Mr. Bandish clarified that
the City maintains the sewer line from the right-of-way and all City residents
receive the same service. Mr. Worley
contended that they were being charged for a service for which they were
already paying. Mayor Randels clarified
that the Solid Waste was a private contract.
Mr. Boucher asked the Council if they wanted him to develop a
maintenance or repair agreement. There
was no response for action. Mr. Leon Maged used the City of Cocoa
as an example in that they were responsible for their water line, and sewer was
a public utility just like water. Mayor
Randels concluded that at this time there was no response from the Council to
Mr. Worley’s request.
REPORTS:
City
Manager
·
Mr.
Boucher informed that the Recreation Board approved a concept of a signature
sign in memory of Nancy Hanson. Robert Lefever, Recreation Director, stated
that the signature would be adhered to the main building on its north
entrance. Mr. Petsos asked if there
would also be block letters to state that this was Nancy Hanson. Mr. Nicholas suggested changing the sign on
the marquee on State Road A1A. Mr.
Petsos then said that if Mr. Nicholas’s suggestion was done, then he was fine
with the signature. Mr. Lefever pointed
out the legibility factor since they had viewed an 8-inch by 11-inch rendition
and he reminded that the sign would be constructed of wood. Mr. Lefever stated that the overall size
would be 24-inches by 72-inches. Mr.
Lefever clarified that the Council would like to see the marquee on State Road
A1A with Ms. Hanson’s name on it in regular font letters. Council agreed. Ms. Roberts requested to have
a plaque that quoted Peter Kerakotis’ article as a tribute along with a photo
in an established location. Mr. Petsos
suggested contacting Mr. Kerakotis. Mr.
Lefever would relate Council’s ideas to the Board. Ms. Roberts clarified that she meant a plaque
with an inscription of the article. Mr.
Lefever announced that the memorial date was set for January 12, 2008.
·
Mr.
Boucher reported that the sand project
was proceeding well.
·
Mr.
Boucher announced that the new police dog, “P.D.”
a Jack Russell rat terrier trained to locate narcotics was performing well.
Staff
No staff reports were given.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 11:04 P.M.
_____________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK