CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
December 4, 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:
Mayor
Pro Tem Bob
Hoog
Council
Member Leo
Nicholas
Council Member Buzz
Petsos
Mayor Rocky
Randels
Council Member Shannon
Roberts
City
Manager Bennett
Boucher
City Attorney Anthony
Garganese
City Clerk Susan
Stills
City
Treasurer Andrea
Bowers
Public Works Director Walter
Bandish
Recreation Director Robert
Lefever
Mayor
Randels explained that the upcoming presentations were for informational
purposes only. This venue would give the
Council and the public an opportunity to view the proposed concepts and ask
some general questions.
PRESENTATIONS:
Cape Caribe II Project Concept
Mr. Kohn Bennett of
1000 Shorewood Drive, Cape Canaveral, introduced the Cape Caribe II
Project. He stated for the record that
the multi-phased Site Plan was vested and approved. Mr. Bennett pointed out the existing main
building and the ocean view building and then Buildings III, IV, V and VI,
which were proposed construction. Mr.
Bennett referred to the 5-acres to the west of the pending Site Plan that would
add another three buildings to the project.
Mr. Bennett referred to the two properties with R-3 and C-1 zoning on
each side of the proposed project.
Mr. Bennett introduced
Mr. John Grandlich, Mr. Jim Borris and Mr. Maath Bennett also related to the
project. Mr. Bennett pointed out that
due to concerns with the properties on the proposed 5-acres in the C-1 zoning
and concerns from the neighboring Solana Shores community, their expressed
intent on the proposed Site Plan would alleviate those concerns.
Mr. Bennett informed
of the plan to eliminate one of the buildings on the 5-acre site and create a
passive park. He also noted a 45-foot
parking structure that would create a buffer to the community to the west. Mr. Bennett also informed of the plan to
eliminate one of the buildings in the R-3 zoning and create more
landscaping. This plan would reduce C-1
zoning room count to 407 and R-3 zoning, 180 rooms; this results in a 54-unit
reduction in density from the original proposal. Mr. Bennett clarified that there were 128
less units in density than what the Code allowed.
On behalf of Cape Caribe, Mr. Bennett stated the need to
request a zoning change from R-3 to C-1 for the planned pool deck expansion and
the parking area to the north. Cape
Caribe would agree that the area become development restricted in order to not
become units and that the acreage would not be used in any density count.
Mr. Nicholas asked the
City Attorney if a change from R-3 to C-1 would require a Comprehensive Plan
amendment. Attorney Garganese affirmed
that this zoning change would require a small-scale Comprehensive Plan
amendment since the property was less than 10-acre. Mr. Grandlich replied to Ms. Roberts that he
had a meeting planned with Solana Lake for Monday, December 10th at
6:00 P.M.
Ms. Roberts related
that Solana Shores responded favorably to the project due to the decrease in
the number of buildings, the increased green space and the distance between the
buildings. Ms. Roberts also noted the
contribution of a passive park area. Mr. Bennett clarified that the park space
would not be dedicated to the City; however, the park is available to
residents. Mr. Petsos stated that he had
met with Cape Caribe and because of the buffers and increased green space he
saw the project as a benefit to the City.
Mr. Nicholas also stated that the project was an overall benefit to the
City due to reduced sewage and reduced traffic.
Mr. Nicholas
questioned the area that the firm desired to re-zone to C-1 and he requested a
Development Agreement. Attorney Garganese
stated that the City could use one of two mechanisms, either a Development
Agreement or a Restrictive Re-zoning, which was a list of development
restrictions to accompany the re-zoning.
Mr. Bennett agreed that the Re-zoning would be restrictive and contingent,
if the Council desired, and added to the Site Plan approval. Mr. Nicholas recounted some of the project’s
benefits and expressed his favor with the proposal.
Mayor Pro Tem Hoog
questioned the pool deck and potential nighttime activity. Mr. Bennett replied that the pool deck had
established hours. Ms. Roberts commended
Towne Realty on their outreach to the community in presenting their project and
listening to the community and meeting the City’s goals. Attorney Garganese
replied that there were points to address during the Site Plan process such as
the Development Agreement and the Re-zoning document. Mayor Randels asked Mr. Bennett to display
the presentation for the audience’s viewing.
Mr. Nicholas
acknowledged the Planning and Zoning Board members in the audience and asked if
there were any major objections that they would like to address. Mr. Bennett responded to an audience question
that the drainage systems were already in place. Mr. Maath Bennett stated that a portion of
the 5-acres was used for a retention pond.
A resident stated that there was no established engineering map and he
saw this as an opportunity to address any imminent drainage problems for Solana
Lake. Mr. Bennett clarified that a map
of the overall system was presented to the St. Johns River Water Management
District.
Ms. Bea McNeely,
Planning and Zoning Board Chairperson, questioned the traffic flow. Mr. Bennett explained how the traffic pattern
flowed around the perimeter of the property.
Mr. Grandlich stated that 90 percent of traffic used the George King
Blvd. entrance. Mr. Bennett replied to
Ms. McNeely that the traffic would not impact Solana Lake. Mayor Randels concluded that the project
would come before the Planning and Zoning Board and if a small-scale
Comprehensive Plan change were needed, it would proceed to the Florida
Department of Community Affairs. Mr.
Bennett thanked the Council for the opportunity to present the project.
Sheldon Cove Plaza Project Concept
Ms. Sandra Barkalow
presented the Sheldon Cove LLP, Plaza Project and introduced Mr. Bill Mays,
Owner/ Developer. Mr. Mays introduced
his wife and partner Dottie, both of 224 Lansing Island Drive, Indian Harbour
Beach. Mr. Mays explained how he
refurbished an older Cape Canaveral building, Call One, which received several
Beautification awards. Mr. Mays also
noted his buildings on Imperial Street giving a sum total of 14-acres and
140,000 square feet of commercial property.
Mr. Mays stated that in 10 years his properties have brought over $60
million in wage impact to the area through 300 new jobs. Mr. Mays asked the Chair if some Call One
employees could express their opinions on the project later in the meeting.
Ms. Barkalow
introduced Mr. Arthur Berger, Builder, who presented the architectural
renderings. Mr. Berger related Mr. Mays’
desire was for an updated modern architectural approach. He explained that the first floor would
include retail shops and on the upper levels, office space. Mr. Berger noted a parking structure and landscaping. He also noted underground power lines. Mr. Berger pointed out the land use intent
using an aerial view. He stated that
there was no residential near the planned construction.
Ms. Barkalow referred
to a University of Central Florida study performed in June 2006 that related to
what residents desired to see in the community.
A wide variety of middle to up-scale restaurants, retail shops,
entertainment venues and personal services were listed from the survey. Ms. Barkalow introduced Ms. Donna Stromer,
Chief Financial Officer, for Sheldon Cove.
Mayor Randels interjected that the University of Central Florida study
was performed at the request of the City’s Business and Cultural Development
Board, and brochures of the study results were available to the public in the
meeting room. Ms. Stromer stated that
the project would create an additional 2,879 jobs directly and indirectly and
an increased net wage of $1.5 million.
Mr. Preston Bauman
stated that he recently moved to the community from Melbourne and he related
how revitalization drew him to the City.
He was a 5-year employee with Call One and found the owner a solid
businessperson. Ms. Jackie Fredrickson
stated that she was a Canaveral resident and Call One employee, and she saw the
project as a benefit with the anticipation of potential new jobs. Mr. Stefan Mays, son of Bill Mays, related
that he grew up in the County and he planned to occupy an office suite in the
new structure. He anticipated the development concept that was currently non-existent
in the community.
Mr. Berger stated the intent of a 5-story office
structure in C-1 commercial zoning. The
64-feet, 8-inch roofline would, however, exceed the City’s height limitation. Mr. Berger stated that the AJT building
became a three-story office building due to a previous Council’s decision. Mr. Berger presented comparable sizes of the
City’s existing cell towers, the new proposed Port Hotel and the Port’s silos
with the intended building. Mr. Mays
then related on his concept of a lifelong dream for a community landmark.
Mayor Randels
clarified that they were seeking 9.5-feet high ceilings. Mr. Berger related Mr. Mays’ purpose to
provide Class A office space and not the standard office space with 8-feet high
concrete ceilings. Mayor Randels
referred to a past recommendation from Mr. Lamar Russell, which resulted in a
room number requirement for building hotels, which was a success. Ms. Roberts thanked Mr. Mays’ for a design
which showed that he had listened to the residents’ responses to the Community
Survey and their desire for more restaurants and services.
Mayor Randels
explained that in 1973, a previous Council decided on a referendum on height
limitation. Attorney Garganese stated that as of 1983 the Supreme Court amended
their decision related to a City not being allowed to use a referendum to
establish a height limitation. Mr.
Nicholas asked to consider the concept in more detail and suggested a
referendum related to a final decision on height limitation. Mr. Petsos stated that the City’s residents
would need to respond to whether or not they desired to exceed the existing
45-foot height limitation. Mayor Pro Tem
Hoog expressed his favor with the concept and stated the building as something
the City needs; however, a referendum was the echoed sentiment of the
Council. He, too, stated that the people
should vote to exceed the height limitation.
Mr. Berger questioned
how soon the project could proceed to the next Agenda. Attorney Garganese replied that the issue
required study; however, an overlay zoning provision authorized by referendum
for a site-specific change with a mailed out ballot paid for by the owner of
the property. Mr. Petsos replied that
the City Attorney’s recommendation would incur a spot zoning issue. Mr. Nicholas stated that the Council should
proceed through the proper channels of the Planning and Zoning Board then to
the Council and not take precipitous action.
Mayor Pro Tem Hoog stated that he desired for the company to market the
project to the community and then hear from the City Boards. Mr. Nicholas stated that any changes to the
City zoning code, by its own laws, had to proceed to the Planning and Zoning
Board.
Attorney Garganese
responded to Ms. Roberts that his suggestion was to gain citizen approval
through a site-specific overlay zoning provision with the Planning and Zoning
Board’s recommendation of the proposal set before the citizens. Discussion followed on how to proceed with
the concept. Ms. Roberts stated the need
for the citizens’ understanding of the developer’s approach. Mayor Randels related the consensus that the
Council could agree with the concept if the citizens were in favor of it. Attorney Garganese advised that this project
could become one of many and he therefore recommended review from the Planning
and Zoning Board. Mayor Randels concluded with the Council’s desire for the presentation
to proceed to the Planning and Zoning Board for further review.
Ms. Joyce Hamilton
stated that the concept of higher floor space was how the concept should be
presented, not a request to exceed the height limitation. Mr. Mark Morrison of 8931 Lake Drive stated
that the first request was to exceed the height at 65-feet and then various
other stated heights. He stated that
this was not the way to plan a City. Mr.
Morrison also expressed his view on potential traffic congestion related to the
project due to the parking structure of this building and that of the Ron Jon
Cape Caribe project. He stated that the
building should be viewed in its broader context which was more beneficial to
the cruise industry. Mr. Berger affirmed
the validity of Mr. Morrison’s issues and said that these were presented to the
Florida Department of Transportation.
Mr. Berger clarified that the concept was favorable to the City Council
and Sheldon Cove would proceed to the Planning and Zoning Board for further
review and then to the public. Ms.
Roberts concluded that the City should proceed at a deliberate pace in order for
the developer and the community to remain clear about this issue.
A motion was made by Mayor Pro Tem Hoog and seconded by
Mr. Nicholas to forward the Sheldon Cove Concept Project to the Planning and
Zoning Board for discussion. 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.
The Chair called for a three-minute recess.
REPORTS:
City
Council Members
Council Member Roberts
·
Ms. Roberts stated three environmental concerns in the community: 1) red tide, 2) soot from
the ships in the Port Canaveral area, and 3) the Coastal Fuels emissions. She
stated the need to consider a strengthened environmental assessment capability
and to introduce environmental quality standards to protect the City’s health
and safety, and some environmental staff monitoring.
·
Ms. Roberts referred to an action tracking capability originating from the City’s minutes
establishing who is responsible for issues and the reporting at subsequent
meetings.
·
Ms. Roberts requested to consider additional Lifeguards in the City.
·
Ms. Roberts referred to establishing Cape Canaveral as a
nationally recognized “Green” City
as well as a “Tree” City.
·
Ms. Roberts requested to establish strategic actions and
dates related to the North Atlantic
Avenue corridor for: the stop sign at Shorewood, underground utilities,
preference of a two-or three-lane highway, and the left-hand turn lane.
Council Member Nicholas
·
Mr. Nicholas questioned the amount of space in the new building compared to the existing office
space for the Building Department. Mr.
Morley replied that the square footage would double the area to 1,300-to 1,400
square feet. Mr. Nicholas suggested not
moving the entire Department to the new building.
·
Mr. Nicholas requested for staff to research what revenue sources the City had in order
to pledge against bond issues.
Council Member Petsos
·
Mr. Petsos asked the City Manager or City Treasurer to
address what City assets were frozen
in light of the State Board of Administrators financial situation. Mr. Boucher responded that the State Board of
Administrators froze assets and hired Blackstone financial to address the
State’s investment status.
·
Mr. Petsos questioned the beach walkway access from Ocean Woods in order not to block the
residents from Central Blvd. The
Building Official would monitor the situation.
Mayor Pro Tem Hoog
·
No report.
Mayor Randels
·
Mayor Randels stated that he met Stan Wielga of Vitol Terminals a tank-farm firm and
asked if there were any interest from the Council to meet with them.
·
Mayor Randels announced that the City was now performing
single-source recycling. Mr. Boucher announced that Waste Management
would meet with the Council at their next meeting.
·
Mayor Randels asked if there were any further answer for
the Ocean Wood’s residents’ request. Ms. Roberts reminded that the question was
raised that they would become a public road if public funds were expended on
their issue. Mr. Petsos stated that Ocean Woods was to return to the City
Manager with what they were willing to pay for any subsequent expenses.
AUDIENCE TO BE HEARD:
Mr.
Tom Garboski questioned the
Tripple J Investments litigation status. Attorney Garganese informed that the Circuit
Court overturned the Board of Adjustment’s decision and remanded the Board’s
decision back to them for further consideration. Mr. Boucher stated that the Applicant had
discussed with the City that they were reviewing their options with the
project. Attorney Garganese concluded
that this was a quasi-judicial decision that the Board made based on findings
out whether the development was compatible with the surrounding area.
On behalf of the Sheriff’s Department, Mayor
Randels read from an article in which the
Brevard County Sheriff’s Office was recognized by the Florida Public Service
Commission for their 9-1-1 Communication Service staffs’ response time.
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of November 20, 2007.
2. Approval of
Employee Christmas Bonus.
3. Resolution No. 2007-38; Reappointing Members to the
Construction Board of Adjustment and Appeals.
Mayor Randels asked if any Council member, staff, or
interested parties desired to remove the Consent Agenda item for discussion.
Ms. Roberts requested to remove items No. 2 and 3.
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to
Approve Consent Item No. 1. The vote on
the motion carried 5-0 with voting as follows: 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.
2. Approval of
Employee Christmas Bonus.
Ms. Roberts suggested this as
an opportunity to introduce individual and team awards related to major
projects and suggestions to improve safety, performance and/or customer service
and cost-savings to the City.
3. Resolution No. 2007-38; Reappointing Members
to the Construction Board of Adjustment and Appeals.
Ms. Roberts requested more
information on incumbent Board members’ backgrounds in order to review those who
desired to continue to serve on the City’s Boards. Mr. Nicholas stated that
their applications were on file. Council
members declined to request any further information.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Items No. 2 and 3. The vote on
the motion carried 5-0 with voting as follows: 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.
CONSIDERATIONS:
4. Motion to Approve: An
Appointment of a Voting Delegate and an Alternate Voting Delegate to the Space
Coast League of Cities.
There was no further comment.
A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Appoint
Bob Hoog as a Voting Delegate and Shannon Roberts as an Alternate
Voting Delegate to the Space Coast League of Cities. 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.
5. Motion to Approve: A Life Trail for Manatee Park.
Mr. Boucher affirmed for Mr.
Nicholas that $147,000 in Impact Fees was available. Ms. Roberts stated that she understood that
the City planned to approach one of the hotels for assistance. Mayor Randels informed that the Residence Inn
had adopted the Park area for clean-up purposes. Ms. Roberts re-stated that she understood
from the Beautification and Recreation Board discussions that the City would
explore potential corporate contributors.
Mr. Nicholas stated that he understood that advertising was the
consideration on the corporate side.
Robert Lefever, Recreation
Director, replied that the walking trail, not the cluster, would benefit the
Manatee Sanctuary Park site and the City had the choice of a 7-station or
10-station set-up. Mr. Petsos questioned
vandal-proofing the equipment. Mr.
Lefever stated that the major concern was the equipment’s moving parts and
their maintenance that were under warranty; however, vandalism was an
unavoidable risk. Mr. Lefever replied to
Mr. Nicholas’s question on surveillance cameras that they were still under
consideration. Ms. Roberts expressed the
return to the discussion of corporate contributor support. Mayor Randels suggested that Ms. Roberts and
Mr. Lefever approach the hotels for their support. Mr. Boucher suggested selling a plaque for
each of the ten life trail stations to which Mr. Lefever agreed.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
the
10-Station Life Trail from Impact Fees for Manatee Sanctuary Park in the Amount
of $50,345 to include Installation. The vote on the motion carried 4-1 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts,
Against.
6. Motion to Approve:
Mermaid Key Site Plan Compliance Period Extension Request.
Mayor Randels briefly stated
that the Request was for an Extension of the Mermaid Key 90-day Compliance
Period. Attorney Timothy Pickles of 3490
N. US 1, Cocoa addressed the Council and reminded that nine of the ten
conditions placed on his client with the previously approved Site Plan were
performed. Attorney Pickles informed
that the one remaining condition was an $110,000 change order payment to
relocate the sewer force main. He was
requesting an extension on the applicant’s behalf in order to obtain the
required permitting from St. Johns River Water Management District. Martin Greene, of Greene International, Inc.,
stated that he anticipated said permit within two to three weeks. However, he would need until March 31st in
order to close with the bank and to obtain the first fund draw to pay the City
the $110,000 for the force main relocation.
Mr. Greene stated that the bank would not close without a permit.
Mr. Boucher informed that he
notified Mr. Greene by E-mail of the $110,000 payment to relocate the sewer
line on September 17th. Todd Morley,
Building Official, read each Mermaid Key Site Plan condition and its current
status. Mr. Greene informed that moving
the sewer line to any other location, such as under the parking lot or the
dumpster area, would create an imposition to the area residents if there were a
line break. Mr. Boucher informed that
the City was on the last portion of a $700,000 project related to a major City
sewer line. Walter Bandish, Public
Works Director, replied that the City had a contractor on-hand; however, a
90-day delay would mean construction crew re-mobilization and any subsequent
costs. Mayor Randels expressed the
Council’s consensus to proceed with the project.
Mr. Greene stated that Ed
Gardulski, former Public Works Director, told him that the sewer line project
was anticipated and budgeted. However,
he was not informed of when the sewer line project would begin. Mr. Greene stated that he was agreeable with
a lien on his property and he clarified that he was not intentionally holding
up the project.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Extend the Meeting to 10:30 P.M. 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.
Attorney Garganese advised on
the City seeking a Letter of Credit as a more secure way to obtain its money for
the change order in lieu of a Lien.
Attorney Garganese explained that once the Mermaid Key conditions were
met, then the City could submit the Letter of Credit for a payment.
Mr. Greene stated that a Letter
of Credit could not be obtained within the time constraints. Attorney Garganese stated that Mr. Greene’s
suggestion would shift the risk to the City and his recommendation to the
Council was for Mr. Greene to assume the risk. Mayor Pro Tem Hoog re-stated his
concern to complete the sewer line. Mr.
Greene re-stated that he was unaware of when the sewer line project would
begin. Mr. Boucher recommended returning
the item to the next City Council Agenda on December 18th.
Mr. Greene asked to address
Conditions No. 1 and 5. He stated that,
1) he agreed to move the sewer line in order to save the tree and, 2) the City
did not have any specific criteria for a Lighting Plan in its Ordinance. Attorney Pickles clarified that since there
was no specific Lighting Plan in the City’s Ordinance, the Building Official
could approve Mr. Greene’s plan. Ms.
Janice Greene inquired if the Council were agreeable to her writing a check to
the City in order to proceed with the Site Plan extension. No action followed.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Approve the Mermaid Key Site Plan Compliance Period Extension Request for
90-days and to Investigate the Possibility of a Letter of Credit in the Amount
of $110,000 to Complete the Estimated Change Order.
No Action was Taken on the Above-Stated Motion.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to
Postpone Discussion on Item No. 6 to the Next Scheduled City Council Meeting on
December 18th. 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 Extend
the Meeting to 11:00 P.M. 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:
Second Public Hearing:
7. Motion to Adopt: 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 Second
Reading.
Mayor
Randels read Ordinance No. 07-2007 by title.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ZONING OF THE CODE OR 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.
Lamar
Russell, Planning and Zoning Board, Vice-Chairperson, requested the Council’s
logic in voting on the amendment. Ms.
Roberts restated from the previous meeting that this change of procedures would
provide another level of review within the City prior to an Appeal proceeding
to the Appellate Court. Mr. Russell
asked why after 40 plus years the Council was responding in a punitive manner
toward the Board. Ms. Roberts expressed
that this was not punitive but would enable the elected officials to hear any
citizen Appeals. Mr. Russell pointed out
how future Council’s might not have the same perspective as the present Council
and could be influenced.
Mr. Mark
Morrison of 8931 Lake Drive, Cape Canaveral, expressed his frustration over
what has happened and although he commended Mr. Russell, he opposed his view
stating that times have changed. Mr.
Morrison related on his military service career and stated that the ultimate
municipal decision in a democratic system rest with the elected officials. Mr. Morrison stated that he heard Mr. Earl
McMillin, a marine pilot, his wife, and his son, also a marine pilot, were all
members of the Marine Pilots Association, which was a direct Conflict of
Interest with Mr. McMillin’s position on the Board of Adjustment.
Second,
Mr. Morrison stated that Mr. McMillin became a proclaimed fire expert after one
day of training. Three, Mr. Morrison
stated that he did not see the logic of setting the City Attorney against the
Building Official who is a trained professional on a construction
decision. Fourth, he did not see the
letter in which the 1991 Mayor expressed opposition to any further tank farm
expansion. Mr. Morrison read quotes from Board and Council Members related to
the Coastal Fuels issue. Mr. Morrison
stated in conclusion that the fact that the people can influence elected
officials was the point and a right in a democracy.
Mr.
Nicholas stated that he was disturbed that a citizen would use this opportunity
to castigate Mr. McMillin, a volunteer Board member. Mr. Nicholas expressed his agreement with Mr.
Russell and he stated did not agree with the Council assuming the Board of
Adjustment’s duties. Ms. Roberts
responded that since the citizens elected the Council, then the elected
official should hear citizens prior to an issue proceeding to Appellate Court,
which might deter legal costs. Mr.
Petsos also stated that the elected officials should make the final
determination prior an issue proceeding to Appellate Court.
Mayor
Pro Tem Hoog stated that he was not supportive of the Ordinance in the
beginning. He expressed his respect of
the Boards; however, he stated that the Council should bear any hostility. He also related on disturbing comments that
Council members accepted bribes from Coastal Fuels. Mayor Pro Tem Hoog expressed his support of
the Ordinance. Mayor Randels expressed
that he, too, gave the Ordinance amendment much deliberation. Mayor Randels stated that he, too, saw the
amended procedure as an opportunity to hear public concerns. Mayor Randels also expressed his support of
the Ordinance.
Mr.
Russell expressed that if the Council had a problem with one person on the
Board then the person should be removed, but not to penalize the entire
Board. Ms. Melanie Evans stated that
many community residents lost confidence in the Board of Adjustment due to the
manner in which the Appeals Meeting was handled. Mr. Dick Biel of Solana Lake stated that it
appeared that the amendment to the Ordinance would apply to any dispute. He
expressed his favor with an Appeal coming before the Council prior to
proceeding to Court.
A motion was made by Ms. Roberts and
seconded by Mr. Petsos to Adopt Ordinance No. 07-2007 at Second Reading. The vote on the motion 4-1 carried with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, Against, Mr. Petsos, For, Mayor Randels, For and Ms.
Roberts, For.
A motion was made by Mayor Pro Tem Hoog and
seconded to Extend the Meeting Until 11:30 P.M. 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.
8. Motion to Adopt: Ordinance No. 09-2007,
Repealing City Code Section 110-376, related to Preservation of Trees, at
Second 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.
There
was no public comment.
A motion was made by Mr. Petsos and seconded by Mayor
Pro Tem Hoog to Adopt Ordinance No. 09-2007 at Second Reading. 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:
9. Motion to Approve: Ordinance No. 11-2007; Adopting Amendments to
the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund,
Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year
Ending 09/30/07, at First Reading.
Mayor Randels read Ordinance No. 11-2007 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ADOPTING THE
AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER
UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007;
PROVIDING FOR AN EFFECTIVE DATE.
Andrea Bowers, City Treasurer, stated that this
Ordinance would complete the City’s Budget year. Ms. Bowers explained that under the
Government Accounting Standards Board the Ridgewood Avenue road value was
included. Ms. Roberts pointed out the
need to also include North Atlantic Avenue as well as the need to keep an
in-house City Planner in the Budget.
There was no public comment.
A
motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Ordinance No.
11-2007 at First Reading. 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.
DISCUSSION:
10. Motion
to Approve: Purchase of a Beach Cleaning
Machine.
Ms. Roberts suggested Tabling the Item until the
next scheduled meeting due to the late hour.
Mr. Boucher stated that he would need to know if there was consensus
from the Council for an Interlocal Agreement to Cost-Share on the
purchase. Mr. Petsos requested
information from the Beach Improvement Committee. Ms. Roberts related the concerns of
residents’ on protecting shells on the beach and on Cocoa Beach’s dominate need
for the machine. Discussion followed on
the machine’s durability in a coastal environment. Mr. Boucher made note that he presented the
equipment use parameters in his packet.
Discussed ensued on removing fish from the beach. Mr. Garboski reminded that Cocoa Beach had
10-miles of beach and Cape Canaveral had 2-miles of beach and he suggested a
percent of cost sharing based on usage.
Mr. Boucher replied that Cocoa Beach did not plan to clean their entire
beach. Council agreed to have the City
Manager seek more information.
REPORTS:
1. City
Manager
·
Mr.
Boucher reported that he spoke with the Walgreen’s Corporation related to any tax incentives. Council agreed to have the City Manager and
City Attorney seek additional tax incentives.
2.
Staff
City
Clerk
·
No
report.
City Treasurer
·
No
report.
Building
Official
·
No
report.
Recreation
Director
·
Mr.
Lefever announced the Reindeer Run
on Saturday, December 8th at 8 A.M., Cherie Down Park.
·
Mr.
Lefever announced the Holiday Tree
Lighting on December 16th at 6:30 P.M. at the Cape Canaveral
Library.
ADJOURNMENT:
There being no further
business the Meeting adjourned at 11:30 P.M.
__________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK