CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

January 18, 2005
7:00 PM

MINUTES

CALL TO ORDER:

ROLL CALL:

Council Members Present:

Mayor Pro Tem Bob Hoog

Council Member Jim Morgan

Council Member Buzz Petsos

Mayor Rocky Randels

Council Members Absent:

Council Member Steve Miller

OTHERS PRESENT:

City Manager Bennett Boucher

City Attorney Anthony Garganese

City Clerk Susan Stills

Public Works Director Ed Gardulski

Building Official Todd Morley

PRESENTATIONS:

Commander George McGee

Mayor Randels presented a plaque to Commander George McGee. Mayor Randels reviewed some of the highlights of his career in Cape Canaveral. Commander McGee expressed his appreciation for working with the City. He also related the importance of working with the youth in the City. Council members expressed their individual appreciation for his leadership and admirable service.

2004 Reindeer Run Proceeds Check to United Way of Brevard County and Sponsorship Recognition

Mayor Randels called on Ms. Kim McIntire, Executive Assistant to the City Manager and Reindeer Run Race Director to make the presentations. Ms. McIntire thanked the City staff, the Kiwanis Club, the Cape Canaveral Volunteer Fire Department and the Canaveral Precinct for their volunteer participation. She recognized Mr. Jim Morris of TechVest Inc, as the-3-Star Corporate sponsor for a donation of $1,500. Mr. Paul Maluccio of Blue Note Publications was recognized for his publishing services to the event. Ms. Julie Song of Clear Channel Outdoor was recognized for their advertising support. Mr. Craig Smith, representing Coastal Fuels, was recognized for a $1,000 donation. Mr. Martin Greene of Greene International, Inc. was recognized for a $1,000 donation. Mr. Mike Lowe of Lite Rock 99.3 was acknowledged for their radio and event day emcee sponsorship. Mr. Kohn Bennett accepted recognition for The Ron Jon Cape Caribe Resort for its $1,000 donation. Mr. Jim Tuggle of Waste Management was acknowledged for a $1,000 donation. Ms. McIntire informed that there were 261 runners and walkers for the event. She presented Mr. Rob Rains and Ms. Suzanne Sparling of the Brevard County United Way a check for $8,801.14. Mr. Rains expressed that the United Way goal was met in October 2004 and the Reindeer Run check is the first one for the upcoming United Way campaign season. Mr. Rains presented Ms. McIntire with a gift and a plaque for her Race Coordinator efforts. Mayor Randels presented Ms. McIntire and Ms. Sparling with flowers on behalf of the City for their joint efforts.

2004 Holiday Beautification Awards

Ms. Andrea Shaffner, Beautification Board member, presented Holiday Beautification Awards in the Single Family, Multi-Family and Commercial categories. The winners were: Residential Holiday Winner(s): Milton Patrick, 8001 Ridgewood Avenue and Mr. and Mrs. Blizzard, 106 E. Central Boulevard (two winners were selected due to a tie in voting). Multi-Family Winner: Ocean Woods, Ms. Lollis, 8737 Seagrape Court. Commercial Winner – Sheldon Cove, 8810 Astronaut Boulevard.

Certificates of Appreciation to Cape Caribe and Benko Construction, Fire Chief Sargeant

Chief Sargeant explained how the Cape Caribe Resort and Benko Construction supplied the necessary construction training equipment and made accommodations for his staff trainers. Chief Sargeant presented acknowledgements to Mr. Maath Bennett and Mr. John Grandlich on behalf of the Cape Canaveral Volunteer Fire Department.

Marguerita Engel, Intergovernmental Coordinator, St. Johns River Water Management District – Presentation of ceremonial check for the 2005 Stormwater Cost-Share Program.

Ms. Marguerita Engel informed that the legislative irrigation rule was postponed. She then stated that Cape Canaveral was again chosen for a cost share program check on behalf of the City’s Stormwater Program in the amount of $31,000. Mayor Randels explained that the City took an innovative approach in providing stormwater treatment and he expressed his desire for the City to be first in treating all of its stormwater.

Mayor Randels related how Johnson Controls World Services installed a water retention system on its property for stormwater treatment.

CONSENT AGENDA:

1. City Council Regular Meeting Minutes of January 4, 2005.

2. Outdoor Permit for the Walk for Bibles, Sponsored by the Brevard Baptist Association.

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

No request was made to remove any of the items for discussion.

A motion was made by Mr. Morgan and seconded by Mr. Petsos to approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

CONSIDERATIONS:

3. Motion to Approve: Wastewater Treatment Improvement Project Change Orders in the Amount of $25,866.18.

Mr. Gardulski stated that these were changes to the original bid proposal for Wastewater Treatment Plant improvements. Mr. Gardulski stated that the previous chlorine gas system was no longer in use and that the new bleach system is safer for the community.

A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Wastewater Treatment Improvement Project Change Orders in the Amount of $25,866.18. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

4. Motion to Approve: Proposal by Stottler, Stagg, and Associates for Engineering Design and Inspection Services for the Reuse Line Extension Project in the Amount of $9,500.

Mr. Gardulski explained that due to development on the previously vacant lots, additional reuse lines were needed. He informed that a decrease in cost would amend the amount to $8,500. Mayor Randels clarified that this project would apply to the 100 blocks of Monroe and Pierce Avenues.

A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve A Proposal by Stottler, Staff and Associates for Engineering Design and Inspection Services for the Reuse Line Extension Project in the Amount of $9,500. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

5. Motion to Approve: Proposal from Wiring Technologies for Reuse Distribution Line Extension in the amount of $38,018.

Mayor Randels explained how this proposal would allow the City to use the firm that is already mobilized for continued reuse line installation.

A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Proposal from Wiring Technologies for Reuse Distribution Line Extension in the Amount of $38,018. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

6. Motion to Approve: Design Build Proposal from Stottler, Stagg and Associates to construct a Public Works Maintenance Building in the Amount of $72,000.

Mayor Randels clarified that this is a budgeted item to design and build a maintenance building at the Wastewater Treatment Plant. Mr. Gardulski responded to Mr. Morgan that the building is 20-feet by 36-feet. Mayor Randels remarked that the space did not seem adequate. Mr. Hans Saurenmann stated that $72,000 was too costly for the size of the building. Mr. Nicholas remarked that the cost amounted to $100 per square foot and he too expressed that the building was too costly. Mr. Dennis Dills of Stottler, Stagg and Associates replied that the cost included design and architectural fees as well as construction costs. He recalculated the cost at approximately $65.00 per square foot minus those fees. Mayor Randels responded to an audience question that the project was presented to the City’s Engineering firm for design/ build and was not put to bid. Mr. Gardulski stated that projects over $200,000 were required to bid. Mr. Morgan questioned if there were any way to cap the cost for this item. The motion would include that the amount will not exceed $72,000.

A motion by made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve A Design Build Proposal from Stottler, Stagg and Associates to Construct a Public Works Maintenance Building in An Amount Not to Exceed $72,000 and If Any Cost Savings Found That They Be Remunerated to the City and to Waive Any Permitting Fees. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

7. Motion to Approve: Extension of Deadline for Waiver of Permit Fees for Hurricane-Damage Work to March 1, 2005.

Mayor Randels related how other Brevard County cities addressed their waiver of permit fees due to hurricane related damage. Mr. Morgan expressed the need for additional time and recommended April 1, 2005 as an extension date. Mr. Hans Saurenmann expressed that the repairs in the City and the County would need one year to complete since some people do not have adequate funding to make their repairs. Mr. Morgan replied that the Council would not cease the waiver; however, they could review it again when the item is presented in April.

A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Extension of Deadline for a Waiver of Permit Fees for Hurricane-Damaged Work to April 5, 2005. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

8. Motion to Approve: Voluntary Annexation Request for the Properties Located at 432, 434, 436, 438, and 440 Grant Avenue.

Mr.Todd Peetz, City Planner, stated that Mr. Charles Hinkley of My Place Realty submitted an application for a voluntary annexation. Mayor Randels stated that the applicant met all of the City’s requirements for annexation. Mayor Randels noted that the City Clerk would be required to provide notice to the adjacent property owners. Mr. Peetz explained that the annexation is contiguous on the north side of the property. Mayor Randels noted that this annexation does require a change to the City’s Comprehensive Plan. Mr. Peetz affirmed that it would and he noted that small-scale plan amendments are now considered a large-scale plan amendment due to the density requirement of 15-units to the acre.

Attorney Garganese clarified that the City is allowed two cycles per year for Comprehensive Plan amendments, not two plan amendments per year. Chief Dave Sargeant replied that the proposed annexation would make minimal difference for fire and emergency services; however, this annexation would impact law enforcement. Mr. Leo Nicholas inquired about the cost of this annexation to the City. Mr. Peetz replied that there are costs involved in advertising, notifying the County Commission and for his planning services. Mr. Petsos expressed his concern with annexing in property that utilizes the Cocoa Beach sewer services. Mr. Morgan stated that more information was needed.

Mayor Randels recounted some of the concerns: cost requirements, impact of services and that this annexation would require a Comprehensive Plan amendment. Mr. Hinkley replied that he could work with staff on the concerns that the Council presented. Mr. Hans Saurenmann stated that he did not foresee a reason for the City to annex in the small 1.3 acres and he said that the City should approach the neighbors on the east and west sides to discover if they were amenable to annexation as well. Mayor Pro Tem Hoog replied that the City could not petition for an annexation for another two years. The item was referred to the staff for further review.

No Council Action Was Taken.

ORDINANCES: First Reading:

9. Motion to Approve: Ordinance No. 01-2005; Repealing In Its Entirety Chapter 40, Article II, Human Rights, at first reading.

Mayor Randels read the Ordinance by title.

AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 40, ARTICLE II, HUMAN RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE.

Attorney Garganese stated that during a previous Code Review Workshop the Human Rights Code was identified for change since the Code provision is regulated under Federal and State laws. He said that the provision might have been included to regulate Adult Entertainment operations. Attorney Garganese advised that the Council consider repealing the law from the City’s code. Mr. Hans Saurenmann stated that the Declaration of Human Rights has nothing to do with City government and he stated that this law should not be included in the City code.

A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. 01-2005; Repealing In Its Entirety Chapter 40, Article II, Human Rights at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

DISCUSSION:

10. County-Wide Emerging Emergency Medical Service Issues, Fire Chief Sargeant.

Chief Dave Sargeant distributed a letter from Mayor Ron Swank of Titusville. Chief Sargeant referred to an E-mail regarding the City of Palm Bay’s desire to provide its own emergency medical service. He stated that if the City of Palm Bay acquired its own emergency medical service, this would impact the cost of ambulance service for the City of Cape Canaveral. Chief Sargeant informed that the City of Palm Bay is challenging that a business pays one lump sum; however, multi-family dwellings are charged individually. He stated that $1.6 million would be removed from county funding if Palm Bay leaves the service system. Chief Sargeant pointed out that there are unanswered questions that should be legislatively watched due to their impact to the City. Chief Sargeant recommended that the Council forward a letter similar to the one he distributed to the City of Palm Bay to obtain answers on the impact of its departure from the emergency services system. Council directed the City manager to forward a letter to the City of Palm Bay.

11. Police Service Issues, Commander Scragg.

Commander Doug Scragg addressed the Council and spoke on the City’s narcotics issues and expressed his intent to gain control of the situation. He stated that he planned to distribute a Quality of Service Survey at random to residents to acquire feedback on the department’s success rate. Commander Scragg also identified traffic as an ongoing problem and related how the department would issue more infractions for quality of life enhancement. Commander Scragg expressed his belief in the Community Policing Program as an avenue for interfacing with the public. He planned to continue the many youth directed programs that service the community. He reported that on Saturday, March 5^th at 11:00 A.M., the Department would participate in the Manatee Sanctuary Park Grand Opening. Mr. Sean Schaffner asked if the staff would remain the same with the only change being the Commander and the Lieutenant. Commander Scragg replied that productivity is the performance measure to remain at the Precinct. Mayor Pro Tem Hoog asked about the K-9 drug dog? Commander Scragg replied that the officer designated to the K-9 unit had both supervisory and K-9 unit duties. He stated that he preferred that the dog address the one purpose of narcotics. Mr. Boucher commented on the Driving under the Influence infractions addressed within the past two weeks and said that Commander McGee established a legacy that Commander Scragg plans to continue.

RESOLUTION:

12. Motion to Adopt: Resolution No. 2005-04: Authorizing the Mayor and the City Clerk to Execute the Final Re-Plat for Oceans Gardens – Wave Four, James E. Morgan, Applicant.

Mayor Randels read Resolution No. 2005-04 by Title.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE-PLAT OF “OCEAN GARDENS – WAVE FOUR”; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.

Mr. Jim Morgan disclosed his voting conflict on the item. Mayor Pro Tem Hoog also expressed a voting conflict with the item. Attorney Garganese stated that due to a lack of a quorum to vote on the item, it would be tabled until the next scheduled City Council meeting.

EMERGENCY ORDINANCE:

13. Motion to Adopt: Ordinance No. 02-2005: Imposing a 60-Day Moratorium on Issuing Land Clearing Permits in the City.

Mayor Randels read the Ordinance by title.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE PLANNING & ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Randels explained that the City Council, the Planning and Zoning Board and the Beautification Board met in a Code Review Workshop Meeting on January 13, 2005 and discussed this item. Mayor Randels explained further that under the existing ordinance, a developer is allowed to clear land within 10-feet of the proposed structure. He stated that the developer was within the rights of the ordinance to clear land that included hardwood trees. He informed that the Planning and Zoning Board would review the vegetation ordinance and submit recommendations to the Council. Mayor Randels stated that the Criteria for Tree Removal and Tree Replacement were the items of concern. He summarized that replacement trees did not fairly compare in the existing ordinance; also, there was no flexibility for adjustments to the site plan footprint in order to preserve trees. Attorney Garganese stated for the record that the Statute was not clear on whether it is two-thirds of the governing body or two-thirds of the Council present that is required to vote on an Emergency Ordinance. Attorney Garganese replied to Mr. Morgan that if any developer has a permit to a site plan that has been approved; then, this moratorium would not affect their construction. Mr. Morgan asked if previous approval would vest a site plan. Attorney Garganese affirmed.

Attorney Garganese stated that two issues apply: 1) if the permit is in hand and construction has begun, then construction would proceed, and 2) if some form of application was submitted prior to the January 13^th meeting, then that application would proceed. Mr. Morgan inquired if flexibility would be given in adjusting the site plan in order to preserve trees. Mr. Morley stated that the first time the building department hears of an application is at the preliminary site plan review. Mr. Morley pointed out that there were some developers that might want to address their issues at this meeting. Mayor Randels expressed that the Council’s intent is to save hardwood trees through preservation during development. Discussion followed on how to address tree removal and tree mitigation. Mr. Morgan asked the City Attorney if a Planned Urban Development could be applied. Attorney Garganese said that a case-by-case basis would better address the applicant’s needs. He also stated that the Council could provide the Planning and Zoning Board with authorization to make decisions that would provide flexibility. Mr. Morgan pointed out that mitigation could be addressed during the application process.

Mayor Randels read the intent of the Land Clearing Code Section from Section 102.39. He stated that the City has a provision that describes six exclusions. Mr. Roger Combs addressed the Council and stated that he is working on the property on the west side of A1A noted as the Porter property. He expressed that there would be a significant impact with a proposed ordinance change. Mayor Randels inquired about overlaying the tree survey onto his site plan in order to identify prospective trees for preservation. Mr. Combs stated that his company made every effort to abide by the City ordinance as well as community concerns and he still has to work with the constraints of R-3 zoning. Attorney Garganese replied that Mr. Combs did not have a permit in hand nor did he have a pending formal pre-application meeting. Council made it clear that their intent is to establish more definitive guidelines on tree removal and tree mitigation. Mr. Combs inquired if he would be working under the existing code. Mr. Combs addressed a reasonable timeframe in order to submit his application. Mr. Hans Saurenmann asked if this land clearing applied to private property owners as well. He said that the Council should grandfather in property owners in order to protect their rights to land development. Mayor Randels replied that Code section 102.40 states that residential property is exempted. Mr. Morgan recognized that Mr. Saurenmann might have concerns over notification regarding the ordinance.

Mr. Roger Dobson, representing the Marriott Residence Inn, stated that there were no hardwoods present on his prospective property. He stated that if the Emergency Ordinance were passed as written, then he would have imposed 60-Days in order to take action. Mayor Randels replied that due to the Residence Inn’s level in the application process, the moratorium would not apply to his project. Attorney Garganese stated that the moratorium applied to land clearing and the moratorium was not intended to affect those that have begun any part of the site plan process. He related some verbiage that would provide more definitive language for the moratorium. Mr. Morley stated that he would provide a date for the last site plan application in the process. Attorney Garganese replied to Mayor Randels that the emergency nature of the ordinance required no second reading.

The Chair called for a motion at 10:07 P.M. to Extend the Meeting. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Extend the Meeting Time to 10:30 P.M. The motion carried unanimously 4-0.

Attorney Garganese stated that the City could consider on a case-by-case basis, limited waivers to project development during the moratorium and code review process. Attorney Garganese explained that if a waiver were granted, the developer might be encouraged to protect trees in an effort to gain adjustments on the property foot print. Mr. Lamar Russell, Planning and Zoning Board, stated that during the moratorium the Board would address mitigation. However, he asked that City staff provide verification that the site plan is vested. Mr. Russell pointed out that negotiations on changes that are not yet codified prove difficult for Board decisions. Council decided that the Board would need to make certain judgment calls. Mr. Martin Greene suggested that an overlay of the topography plan be provided at the Community Appearance Board level. Attorney Garganese said that the Community Appearance Board addresses plans primarily from an aesthetic perspective. Discussion continued on the Board review process and Council members stated their favor with Planning and Zoning Board review only. A resident inquired if a traffic study were done and also asked if the City’s sewer capacity could handle the new development? Mayor Randels responded that Luke Transportation Engineering conducted the traffic study and the City’s sewer plant was built for maximum capacity.

A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Ordinance No. 02-2005 with Amendments and to Remove Its Emergency Reference at First Reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.

Due to the lateness of the hour, no reports were provided; however, the Council asked if anyone in the audience desired to be heard.

AUDIENCE TO BE HEARD:

· A resident inquired about the City’s intent to remove and possibly extinguish the peacock population. Mr. Hans Saurenmann stated that there are statistics that would prove a diminishing peacock population. Mr. Boucher responded that on January 4^th he was directed to formulate a plan to thin out the peacock population. He stated that he contacted Ms. Helen Filkins to notify interested residents and he also sought information on how to remove or relocate some of the existing peacocks to local farms. Mr. Hans Saurenmann, as a concerned citizen, requested a specific date and time on the Council Agenda to discuss the peacock matter.

ADJOURNMENT:

There being no further business, the Chair adjourned the meeting at 10:30 P.M.

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Rocky Randels, MAYOR

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Susan Stills, CITY CLERK