CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

May 6, 2008
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

Assistant Public Works Director Jeff Ratliff

Building Official Todd Morley

Code Enforcement Officer Duree Alexander

Recreation Director Robert Lefever

Mayor Randels noted that Speaker Cards were established to obtain contact information from those who desired to speak during any portion of the Meeting.

REPORTS:

City Manager

· Mr. Boucher announced that State Representative Tony Sasso would attend the May 20^th City Council Meeting to provide a Legislative update.

· Mr. Boucher reported on minimal revenue growth related to the Solid Waste contract; subsequently, there is an anticipated Consumer Price Increase for Solid Waste services. This would become effective in October 1, 2008. Ms. Roberts asked if the price increase could occur January 1, 2009, in light of the Condominium Association’s planning schedule. Mr. Boucher replied that he would look into the possibility of changing that date and also see if Waste Management would reconsider the increase given current market conditions.

· Mr. Boucher announced the upcoming Building Height Town Meeting on May 13^th at 5:30 P.M. at the Canaveral Library. Ms. Roberts asked how many Town Meetings were planned. Mr. Boucher replied that participation and feedback would identify the number of needed meetings.

· Mr. Boucher reported that Ms. Stills would represent him as Acting City Manager in his absence during the upcoming week.

· Mr. Boucher reported that the Space Coast Area Transit [SCAT] Bus Shelter Grant might be funded. Jeff Ratliff, Assistant Public Works Director, stated that there were two options to implement the program: 1) to have SCAT implement the entire grant, or 2) the City could hire a contractor and have SCAT reimburse the City. Mr. Ratliff replied to Mr. Nicholas that the grant would be applied based on a dollar amount.

· Mr. Boucher distributed an update from Chief Dave Sargeant related to Brevard County funding for the Emergency Medical Services First Responder’s service. Brief discussion followed on the amount of undisclosed surplus funding available in the County budget.

· Mr. Boucher informed that he had discussed a Cape Canaveral/ Port Canaveral Chamber of Commerce with Randy Harris, Chamber president, as a subset of the Cocoa Beach Area Chamber of Commerce. He explained how this would specifically address the local beachside business needs. Mr. Petsos related how Seminole County had an available model for this concept.

· Mr. Boucher reported that he disseminated the State Legislative Update. He referred to Amendment 1 and noted that the City was allowed the roll-back rate; however, this would not include the loss of revenue from Amendment 1. This meant $51 million would be removed from the City’s calculated roll-back. The City Treasurer’s report would be available at the next City Council meeting.

STAFF

Assistant Public Works Director

· Mr. Ratliff reported that the Emergency Generator was installed at Lift Station One with testing throughout the week.

· Mr. Ratliff reported that the repairs at Lift Station Three were ongoing with an anticipated completion at the end of the week.

· Mr. Ratliff reported that the North Portion of the Central Ditch Project was bid with an opening date of May 23rd.

· Mr. Ratliff reported that 150 Sand Fences were ready.

· Mr. Ratliff reported that Brevard County would provide additional funding to shield additional street lights. Mr. Ratliff reported that the new rip-tide signs were being installed at the beach crossovers.

Building Official

· Mr. Morley reported on pending Development Applications, 1) the CIRE group related to developing the Azteca property, and 2) MAI Architects of Melbourne,

re-zoning related to the eastern side of the Puerto Del Rio property. A pre-application meeting was scheduled for May 7^th. A brief discussion followed on the development review process. Ms. Roberts replied to Mr. Boucher that Council needed to weigh-in on large projects. Mr. Nicholas stated that this was a concern for the Planning and Zoning Board. After the review process, Mr. Petsos recommended that the developers speak with the impacted neighboring community. Mayor Pro Tem Hoog stated his favor in presenting the project to the Board, the Council and the community.

Mr. Lamar Russell, Vice-Chairperson of the Planning and Zoning Board, stated that the Council was not following the City Code’s procedures. He stated that if the Council did not plan to follow procedure, then the Board would become one of consent only and expressed his disagreement with the Board hearing discussion after the Council has addressed it. He concluded that the Council needed to change the Ordinance and/or eliminate the Planning and Zoning Board. Mayor Pro Tem Hoog expressed how City Council has submitted issues to the Planning and Zoning Board for review; however, discussion was cooperatively done to keep issues progressing until resolution.

· Mr. Morley called on Duree Alexander, Code Enforcement Officer, to distribute a report of all outside storage facilities. Ms. Alexander reviewed the report related to Special Exceptions applied for outside storage and what her site visit ascertained about the properties. Mr. Nicholas clarified that he was seeking a review of the conditions for identifying areas for storage in the City Code and for granting the Special Exception.

Recreation Director

· Mr. Lefever announced the Cocoa Beach High School Minuteman Inter-Squad Varsity Inter-squad Scrimmage Game on Friday, May 9^th.
Please bring a lawn chair or blanket for seating.

· Mr. Lefever announced a free Magic Show on Saturday, May 17^th from 11 A.M. to 1 P.M.

· Mr. Lefever announced the upcoming free half-day Summer Camp from Tuesday through Friday, from 9 A.M. until 12 P.M. [Beginning June 3^rd through August 8^th].

· Mr. Lefever recognized Ms. Joyce Hamilton for her time and effort toward community activities. Mr. Lefever read his letter of acknowledgement.

· Mr. Lefever reported on the recently held Basketball Tournament saying that response was sporadic, but minimal, throughout the day. The Basketball Tournament would occur when Mr. Thomas obtained the total number of 16 needed teams. He had 11 teams registered to date. Mr. Lefever concluded that in the future this event would be partnered with an established event.

City Treasurer

· No report at this time.

City Clerk

· No report.

City Attorney

· Attorney Garganese reported on three pending cases:

• Mr. Hans Saurenmann, who was building an addition to his home without a building permit, would not comply with the Building Official’s direction. The City filed for an injunction for him to obtain a building permit. Mr. Saurenmann filed a counter claim seeking Declaratory Relief and Trespass. Mr. Saurenmann’s Attorney informed that he was amending his Complaint to also seek Equal Protection and Selective Enforcement against the City.
• Royal Mansions versus City of Cape Canaveral in which Royal Mansions sought to render the City’s Resort Dwelling Ordinance declared invalid related to their status as a Resort Condominium. The Building Official and Fire Chief have demanded certain upgrades to their property to which they do not agree.
• Tripple J versus City of Cape Canaveral in which there were two actions: 1) Writ of Mandamus, and 2) Due Process Violations under the Federal Constitution seeking Section 1983 damages under the United States code. He had advised the Council that he would put the case in Federal Court and subsequently did so. The Board of Adjustment has since, subsequent to the lawsuit being filed, granted the Special Exception. The City filed a Motion to Dismiss on Count One, the Writ of Mandamus action and that Motion was pending in Federal Court. A case management meeting was anticipated with opposing counsel. A Motion to Remove the Case Back to State Court has been filed to which the City has objected, based on their claim of violations under the U.S. Constitution since this type of challenge belongs in Federal Court.

Mayor Pro Tem Hoog requested an Executive Session in order to preclude extensive litigation. Attorney Garganese stated that up to this point, he had not received a Settlement Offer. An Executive Session would discuss strategy unless Council was interested in seeking a Settlement Offer. Attorney Garganese clarified that the City’s insurance carrier was covering defense costs for two of the three cases [Saurenmann and Tripple J]. Attorney Garganese encouraged the Council to call him if they had any specific questions.

CITY COUNCIL

Council Member Roberts

· Ms. Roberts reported that she and the City Manager attended the Brevard Summit. In summary, the Brevard County Commissioners, the School Board, and the municipal representative would forward a joint letter of concern to the local Legislative Representatives regarding home rule infringement related issues.

· Ms. Roberts also reported that Mr. Boucher and she attended a County Commission meeting related to the Space Program Workforce Transition. Mr. Boucher added that Commissioner Nelson anticipated holding a local Senate Congressional Committee Hearing in which NASA representatives would testify on their plans to transition the program.

· Ms. Roberts informed that she met with City Council Member Martha Kirby
of the City of Satellite Beach who shared their newsletter as a community communication tool. She mentioned this as a consideration for City staff and passed around samples of the Satellite Beach product for Council review.

· Ms. Roberts inquired about the Planning and Development Director. Mr. Boucher reported that he received nine resumes from highly qualified applicants.

· Ms. Roberts asked about the cost of City entrance flags. Staff would address those costs during the Visioning Session.

· Ms. Roberts also inquired about the electronic sign costs. Mr. Boucher replied that these signs cost between $16,000 and $20,000.

· Ms. Roberts inquired about the left-hand turn signal status at A1A and Central and at North Atlantic and Central. Mr. Boucher replied that design plans were at 100 percent. Department of Transportation anticipated another study for a left-hand turn signal on Central Blvd. and State Road A1A.

Council Member Nicholas

· Mr. Nicholas inquired about the McDonald’s sign. Mr. Morley would return with the calculated size of the signage.

· Mr. Nicholas asked if there were sufficient parking for Trevor’s Blue Toucan. Mr. Morley affirmed that parking was adequate and a permit was obtained.

· Mr. Nicholas asked for clarification on the cruise ship parking for guests at the Residence Inn. Mr. Morley clarified how the hotel was in violation due to parking on the grass. Country Inns and Suites requested expanded parking in order to accommodate parking for cruise ship guests. The application was under Staff review for permitted use.

· Mr. Nicholas stated that he would like a permanent fixed flashing sign on City property for advertising City events in order for the City to maintain compliance with its own Code.

Council Member Petsos

· Mr. Petsos reported that former Council Member Burt Bruns was recovering and doing well.

· Mr. Petsos inquired about a rental car fee. He proposed support to impose a fee.

· Mr. Petsos reported that he continued the Sand Fences discussion with Florida Fish and Wildlife Commission and the Florida Department of Environmental Protection. At this time the Florida Fish and Wildlife Commission has not consented to allow the sand fences.

· Mr. Petsos requested for the Council to consider a Referendum related to the Building Height issue. Ms. Roberts expressed her concern related to persons who purchased homes as a second property who were not registered voters.

· Mr. Petsos referred to the $5.3 million which the County receives in taxes from the City. He stated that the Beachside Cities Coalition planned to draft a joint letter of concern related to this issue.

Mayor Pro Tem Hoog

· Mayor Pro Tem Hoog reported on the lack of owner responsibility in removing recycle bins after collections.

· Mayor Pro Tem Hoog inquired about street lighting on Central and Thurm Blvd. Mr. Ratliff replied that progress was contingent on Florida Power and Light’s response. Mayor Pro Tem Hoog requested action.

· Mayor Pro Tem Hoog reported that although he views Sheriff’s Office patrol cars monitoring the neighborhoods, vehicles running stop signs still occurs. He inquired about the motorcycle patrol. Mr. Boucher informed that an officer was in training.

· Mayor Pro Tem Hoog inquired about the costs for a City Newsletter to which Ms. Roberts replied $1,050 per issue. He expressed favor to initiate a newsletter for the City.

Mayor Randels

· Mayor Randels reported on an article related to the Manatee Sanctuary Park Life Trail in the Senior Living newspaper.

· Mayor Randels reported that the City was the first contribution listed for the 2008 United Way campaign.

· Mayor Randels reported that he spoke at the St. John’s River Water Management District Governing Board. The Board proposed limiting the watering schedule to twice per week.

· Mayor Randels reported that he was invited to the Hubb’s Sea World Research Institute at Sea World. He expressed this as a worthwhile venture.

· Mayor Randels reported on an invitation to the Citizens’ for Space trip to Washington, D.C. at personal expense.

· Mayor Randels informed that he spoke with Bryan Lilley to sponsor an Air Show in Cocoa Beach since Patrick Air Force Base no longer has the discretionary expenses to sponsor an Air Show. This would require the use of off-site banners. Further discussion was anticipated for May 10^th.

· Mayor Randels informed that the Florida Forever Bill passed during the Legislative Session.

· Mayor Randels inquired about the Public Works Maintenance Building. Mr. Ratliff reported that the building was near completion. Ms. Roberts asked if the building would be showcased during Public Works Week. Mr. Ratliff affirmed that it would.

AUDIENCE TO BE HEARD:

· Mr. Donald Dunn clarified that the cruise ship terminals did not provide parking. Canaveral Port Authority provides all parking.

· Ms. Joyce Hamilton reminded of the Height Limitation Town Meeting on Tuesday, May 13^th.

PRESENTATION:

Cindy Flachmeier, Community Services Council, Presenting a Plaque to Mayor Rocky Randels - "Meals for Mayors" Program.

Ms. Flachmeier reported that all Brevard County Mayors participated in the “Meals on Wheels” program on Wednesday, March 19^th. Ms. Flachmeier reported on the successful event and how Mayors were enlightened on senior living conditions in Brevard County. She explained the Meals-on-Wheels and the Senior’s at Lunch Program and how the Brevard Community Kitchen provides hot meals for 2,000 people in the community as well as bulk food. Ms. Flachmeier expressed her thanks to Mayor Randels for spearheading the effort. She presented Mayor Randels with a framed memento of the article related to “Mayors for Meals Day” on March 19^th.

CONSENT AGENDA:

1. City Council Regular Meeting Minutes of April 15, 2008.

2. Resolution 2008-11; Reappointing Walter Bowman to the Community Appearance Board.

3. Proclamation in Recognition of Management Week.

Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion.

Mayor Randels informed that the City Manager would provide Leadership Staff with a working lunch in Recognition of National Management Week.

A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried
5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

ORDINANCES: Second Public Reading:

4. Motion to Adopt: Ordinance No. 04-2008; Amending Chapter 110, Zoning, Related to Courtesy Notices for Public Hearings; Providing that Courtesy Notices may be Sent by Regular Mail or Postcard, at Second Reading.

Attorney Garganese read Ordinance No. 04-2008 by title.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGARDING NOTICE OF PUBLIC HEARINGS; AMENDING CHAPTER 58, PLANNING, TO REQUIRE NOTICE OF PUBLIC HEARINGS RELATED TO AMENDMENT OF THE CITY’S FUTURE LAND USE MAP; AMENDING CHAPTER 110, ZONING, TO AMEND THE DEFINITION OF “COURTESY NOTICE;” AMENDING SECTION 110-28 REGARDING THE TIMING AND MANNER IN WHICH THE CITY SHALL PROVIDE NOTICE OF PUBLIC HEARINGS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.

Attorney Garganese informed that he included the recommended changes from the previous City Council meeting related to multiple Council meetings. The notice would precede the first, but not the final Council meeting. With respect to Comprehensive Plan Amendments, the courtesy notice was required once before the Land Planning Agency meeting and for small-scale amendments prior to the first City Council meeting. The courtesy notice for large-scale amendments would precede the Land Planning Agency meeting, the City Council transmittal hearing, and the City Council adoption hearing.

Mr. Morley questioned the original intent which was to reduce costs. He noted how an additional advertisement would negate the intent of cost reduction. Attorney Garganese recommended amending the language to read, “before the first Board required” in Section 110-28, Section 3(b) and to eliminate, “before each Board required.”

Mayor Randels explained to Mr. Campbell of 307 Surf Drive how approximately 20 percent of people notified did not pick-up their Certified Return Receipt cards. Mr. Campbell stated that everyone notified was still not made aware. Mayor Randels informed Mr. Campbell of the disclaimer related to notification. Mr. Morley explained how he used the Brevard County Property Appraiser database; however, if the Condominium and Homeowners Associations were not listed as an owner, then they would not be listed in the database. Mr. Morley suggested amending the language to read, “Notifying all owners of real property.” No action was taken on the suggestion.

A brief discussion followed which clarified that the Brevard County Property Appraiser’s list was used for notification; however, Ms. Roberts mentioned that the City Clerk’s Office staff was working on a Condominium Association contact list which could also be used for notification purposes. Mayor Randels concluded that the City took a stronger stance to ensure that the City would assume the responsibility and post Notice in the following manner: 1) to post Notice on the Property, 2) a Notice in the Newspaper, 3) to post Notice on the City web site and, 4) to post Notice in City Hall.

A motion was made by Ms. Roberts and seconded by Mr. Petsos to Adopt Ordinance No. 04-2008 at Second Reading as amended in Section 110-28, Section 3(b). The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

5. Motion to Adopt: Ordinance No. 06-2008; Amending Chapter 2, Article VI of the City Code Related to Code Enforcement; Creating a New Division Entitled Public Nuisance Abatement, at Second Reading.

Attorney Garganese read Ordinance No. 06-2008 by title.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE CITY CODE RELATED TO CODE ENFORCEMENT; CREATING A NEW DIVISION ENTITLED “PUBLIC NUISANCE ABATEMENT”; ESTABLISHING A PURPOSE AND INTENT; ESTABLISHING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR THE BOARD’S MEMBERSHIP AND MEETING REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING POWERS OF THE BOARD; ESTABLISHING THE NUISANCES SUBJECT TO ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT, NOTICE AND HEARING PROCEDURES; PROVIDING FOR PENALTIES, FINES, AND LIENS; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.

Attorney Garganese stated that under this Ordinance, the Board would be called the Criminal Nuisance Board. In addition, an amendment was made that once the Nuisance Abatement Board makes a determination, that case would be submitted to the City Manager who will be responsible for reviewing all complaints. If the City Manager deems the complaint sufficient, the Nuisance Abatement Board could then prepare the Courtesy Notice of Violation to be served to the alleged violator. He reminded that the Ordinance was statutorily driven and any amendments would require an enabling Ordinance and any action would be in accordance with the Legislature’s rules.

Ms. Roberts questioned the change related to changing the language to Criminal Nuisance Abatement throughout and not to retain Public Nuisance Abatement in the document. Attorney Garganese stated that the advertisement was posted; therefore, the overall Ordinance would be entitled Criminal Nuisance Abatement as stated on Page 2
of the Ordinance.

There was no public comment.

A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Adopt Ordinance No. 06-2008 at Second Reading. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

CONSIDERATION:

6. Motion to Approve: Approval of the Annual Audit for the Year Ending September 30, 2007.

Ms. Yvonne Clayborne, of McGladrey and Pullen, addressed the Council related to the Comprehensive Annual Finance Report [CAFR]. She acknowledged Mr. Edgar Burkhart, Staff Associate. Ms. Clayborne stated that an electronic document would be forwarded to the City for posting to the web site.

Ms. Clayborne reviewed the CAFR document outline using a PowerPoint presentation. She stated that the CAFR was regulated under the Governmental Accounting Standards Board [GASB]. She encouraged Council members to read the Management Discussion and Analysis section. Ms. Clayborne referred to the Compliance and Internal Control Section on Pages 83 – 84 stating how the firm tested compliance related to Laws, Regulations, Contracts, and Grants. There were no instances of non-compliance and no material weaknesses of internal control. Ms. Clayborne informed how the threshold, under GASB regulations, was lowered in recognizing an item as a significant deficiency; however, there were no noted significant deficiencies.

Ms. Clayborne referred to the four-part Management Letter and she acknowledged the need for the City to use an Investment Advisory Committee. Ms. Clayborne referenced the State Board of Administrators situation of investing in sub-prime mortgage instruments which resulted in a run on those funds. The bulk of the City’s funds were removed; however, the Fund was locked down. Any remaining municipal funds could be removed, however, with restraint. Ms. Clayborne discussed an Investment Advisory Committee with the City Manager and City Treasurer and this would provide the City with an investment consultant and routine investment monitoring. This Investment Advisor was not a role for a City staff person. Ms. Bowers proposed, however, to obtain investment counselors that do not carry a stock inventory.

Mr. Lamar Russell asked for the name of the person who advised the City of Orlando to remove their funds. Ms. Clayborne replied that she did not specifically know their name; she knew them as a recognized Investment Advisory contract service. Ms. Clayborne stated that the City of Orlando vocalized their concern with the State Board of Administration who could not answer the questions posed to them from the consultant who advised the City of Orlando Investment Advisory Committee.

Ms. Clayborne referred to Unreserved Fund Balance versus Total Expenditures. Mayor Randels explained how the City’s Fund Balance increases were prudently set aside for planned purchases. Mr. Russell asked for the exact dollar, the beginning 50 percent in 2003 and inquired about the $5 million expenditure in 2005. Mayor Randels responded on how the City purchased the land north of City Hall and repaved streets with a portion of the Unreserved Fund Balance. Mayor Randels commended Ms. Clayborne on the statistical informational charts provided in the document.

Ms. Clayborne stated that the City was far below the benchmark in Long Term Debt Per Population which would continue as a benchmark trend. Ms. Clayborne referred to Unreserved Net Assets and Balances which was $7 million for the City as a whole,
$4.7 million of that from the General Fund which City Council had for discretionary designations. Ms. Bowers emphasized to keep in mind that this funding was earmarked for specific purposes. Ms. Clayborne stated that the millage rate remained relatively constant; however, no comparables were provided from benchmark cities.

Ms. Clayborne referred to Governmental Fund Revenue by Source. She explained the significant decline in building permits and impact fees becoming evident in 2008. She also noted the significant difference in inter-governmental revenue anticipated from grant funding. Mr. Pat Campbell, of 307 Surf Drive, asked what else was included in Governmental Fund Expenditures by Activity. Ms. Bowers replied vehicle violations and Code Enforcement Board actions which were active in 2006.

Ms. Clayborne referred to Expenditures by Activity and noted that Public Safety was the City’s largest expense. Ms. Clayborne concluded her presentation noting how Expenses were outpacing Revenues in the Sewer Fund Operating Revenues and Expenses. Ms. Clayborne encouraged the Council to remain fiscally prudent. Mayor Randels responded to Mr. Campbell’s question related to expenses that State prescribed unfunded mandates for implementation which add to the City’s budgeted expenses.

Ms. Bowers replied to Mr. Russell that the funds remaining with the State Board of Administration were related to the City’s Reserves. Ms. Bowers ensured Mr. Russell that the City did not lose any money and the funds would be made available, however incrementally. Ms. Clayborne concluded that ultimately the City will obtain its remaining funds, however, without interest, and there was litigation pending related to the loss of interest issue.

Ms. Roberts expressed that she had questions; however, she could meet with the City Treasurer for that information.

A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog for Approval of the Annual Audit for the Year Ending September 30, 2007. The vote on the motion carried 5-0 with voting as: 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 10:30 P.M. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

7. Motion to Approve: A Recommendation of the City Council for the Satisfaction or Release of Code Enforcement Lien, Norman Boucher, Case 2007-00226.

Mayor Randels read from Section 2-260 for the Purpose of Taking Action that:
1) the City Council may take action solely based upon the sworn application and recommendation of the Code Enforcement Board, or it may in its discretion provide the violator with an opportunity to address the Council with regard to the Satisfaction of Lien.

A motion was made by Mr. Petsos and seconded by Mr. Nicholas To Hear from the Applicant. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

Mayor Randels read under Section 2-260 (g) that the Council may: 1) Approve the Application with Conditions, or 2) Deny the Application. The amount of fine was set at $6,800 on March 20^th by the City’s Code Enforcement Board. Attorney Garganese briefly explained that the Code Enforcement Board established a Lien; however, the City Council had the authority to reduce the Lien. The Council was not, however, required to reduce the Lien. This case was in violation of the City’s Arbor Code and Attorney Garganese reminded that when this occurs, the City code requires a Mediation Plan for submittal to the City Manager in addition to the Lien.

Mr. Norman Boucher addressed the Council and explained how he proceeded to contract with a Lot Clearing Agent who informed him that he did not need a permit. Mr. Boucher stated that the Agent had cleared a neighboring lot for Mr. Pat Campbell. Mr. Boucher distributed a depiction of the cleared lot at 2,644 feet. He explained to the Council why he made the expeditious decision to clear the lot. He noted that Mr. Campbell attempted to get a permit from the City, however, he was told that he did not need one. Mr. Boucher concluded that the trees on the lot were predominately scrub oaks.

He calculated a donation of four trees to the City and $500 for staff time. Mr. Boucher stated that he was a resident, Board Member, developer, and law abiding citizen and would not have done anything outside of City code. He concluded that he chose an opportunity that was presented. Ms. Roberts stated how tree preservation was attempted on Mr. Campbell’s land and she asked if he attempted to do the same. Mr. Boucher responded that he did not have trees large enough to preserve. A brief discussion followed on the merits of the Tree Preservation Ordinance.

A motion was made by Mr. Petsos 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: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

Mayor Randels questioned the type and number of trees as presented in the reports. Mr. Morley replied that the Staff Arborist supplied the data. Mayor Randels asked for the correct procedure to obtain tree clearing permit. Mr. Morley stated if a tree were an imminent peril to life, health, and public safety, then it would need to be removed with a required permit. Ms. Alexander stated that the Code Enforcement Board found the Respondent in one violation. There were two citations: Section 102-38(b)(1), Failure to Obtain a Permit, and Section 102-38(b)(2) Removal of a Tree Without a Permit. The Code Enforcement Board chose to fine the Respondent in Violation of Section 102-38(b)(2), Removal of a Tree Without a Permit, which resulted in the fine of $6,800. Ms. Alexander emphasized that Mr. Boucher did not ascertain through Staff that a permit was needed.

Discussion followed on a site for tree mitigation. Mr. Boucher stated that he was agreeable to the tree Mitigation Plan and retribution for Staff costs. Attorney Garganese clarified that the Respondent was asking for a Reduction of Lien from $6,800 to $1,350.84 and a Remediation Plan which must be submitted within 30 days. Once the condition was met and the amount of the lien was submitted to the City, which is $1,350.84, then the City Manager could approve the Remediation Plan and sign off on the Satisfaction of Lien. Mr. David Shirtzinger requested to have some palms trees planted on Surf Drive in the median area. Mr. Campbell, stated for the record, that he did secure a lot clearing permit. Mr. Campbell concluded that what Mr. Boucher cleared was predominately brush, not trees.

A motion was made by Ms. Roberts and seconded by Mr. Nicholas: 1) For the Respondent to Confer with the Building Official and Submit an Acceptable Mitigation Plan which Once Approved Will be Submitted with the Reduced Lien Amount of $1,350.84 for Satisfaction of Lien to the City Manager, and 2) Confer with the Building Official Related to Tree Placement and Subsequent Maintenance. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

Mr. Ratliff requested to place Items No. 8 and 9 on the next City Council Meeting Agenda. Council agreed by consensus to defer discussion on Items No. 8 through 11 until the City Council Meeting on May 20^th.

8. Motion to Approve: Award of Bid #08-01, Mowing/ Maintenance of City Landscaped Areas, Rights-of-Way, Wastewater Treatment Plant, Lift Stations and Central Ditch.

9. Motion to Approve: Award of Bid #08-02, Fertilization, Insect, Disease and Weed Control of Turf Areas and Central Ditch.

10. Motion to Approve: Request for State and Federal Transportation Project Funding.

RESOLUTION:

11. Motion to Adopt: Resolution No. 2008-10; Supporting the Proposed Florida Senate Action to the United States House of Representatives Confirming and Accepting the Decision of the U.S. Air Force to Award the Tanker Contract to Northrop Grumman Corp. and EADS N. America.

ADJOURNMENT:

There being no further business, the Chair adjourned the meeting at 11:16 P.M.

________________________________

Rocky Randels, MAYOR

________________________________
Susan Stills, CMC, CITY CLERK