CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
April 19, 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 Member Absent:
Council Member Steve Miller
Others Present:
City Manager
City Attorney Anthony Garganese
City Clerk
City Treasurer Andrea Bowers
Building Official Todd Morley
Storm Water Coordinator Jeff Ratliff
PRESENTATION:
Waste Management, Implementation of the Automated Cart Program for
Garbage and Green Waste.
Mr. George Geletko,
Representative of Waste Management, Inc., presented a report on implementation
of the Automated Roll Cart Program. His
presentation would provide a status on the program, the size of the carts and
the proposed pick-up schedule. Mr.
Geletko stated that residents would have two interchangeable carts for both yard
waste and garbage and he also stated that the 96-gallon cart could hold three
garbage cans. He expressed the benefits
of how the automated system would decrease blown debris.
Mr. Geletko explained the
pick-up schedule as a three day per week schedule; one day for green waste, one
day for recycling and two days for garbage pick-ups. Large item pick-ups would be performed on the
second garbage pick-up day. Mr. Geletko
stated that a four time major clean-up would occur in January, April, June and
November to clear-out substantial landscape debris especially during the pre
and post hurricane season. He explained
that the large containers would benefit in keeping leaves out of the storm
drains.
Mr. Geletko stated that several
media would provide customer education through: 1) direct mail, 2) the Hometown
News, and 3) the City web site. He
stated that there are two cart sizes available, the 64-gallon to accommodate
zero lot line properties and the 96-gallon for residences. Mr. Geletko outlined that Phase I includes a
direct mail to residents during the first week of May. Phase II; continued communication during the
first week of June and Phase III; the cart delivery during the last two weeks
in June. Mr. Geletko emphasized that education would occur prior to the cart
delivery. He called on Mr. Kenny Rivera
to address the proposed pick up schedule.
Mr. Rivera pointed out that
Mayor Randels explained that
last fall the City entered into an Agreement with Waste Management and the
automated cart program was proposed. He
stated that the City’s garbage rates decreased by seventy cents per unit total
since December 2004. The rates would
remain decreased as long as the City’s growth continued. Mayor Randels stated that the cart program
would impact 1,600 single-family homes. Mr. Rivera stated that the cart program
did not apply to condominiums. Mayor
Randels explained that the savings would implement the cart system and,
therefore, lower operations and worker’s compensation expense for the
company.
Mr. Rivera explained that the refrigerator
magnets would outline the days for the quarterly major yard waste clean-ups. Ms. Andrea Schaffner pointed out that
according to the proposed schedule, the carts would remain at the curb for five
days per week. Discussion followed on
reducing the number of pick-ups. Mr. Tom
Quinn expressed that that carts were too large for most garages and he
preferred to keep the existing system.
Mr. Dunn asked if there was an option on a resident’s preference of cart
size. Mr. Geletko explained that those
who live in residences with zero lot line would receive the 64-gallon cart.
Mr. Geletko explained to Mayor
Pro Tem Hoog that the planned scheduled was proposed in order to perform a
complete pick-up. Discussion followed on
adjusting the schedule in order to accommodate a full City pick-up of yard
waste on Mondays. Mr. Geletko replied to
Mr. Petsos that
Mr. Geletko replied to Mayor
Randels that the Clam Shell is used for oversized yard waste loads and the
carts could contain all other yard waste debris. He replied to Mayor Pro Tem Hoog that at this
time the Clam Shell removes bulky items.
Mr. Rivera replied to Mayor Randels that two and one-half trucks are in
operation to clear the entire City using the existing system. Mr. Geletko emphasized that the cost of the
vehicle warranted frequent use. He
stated that the Agreement outlines a timeline for implementation. Mayor Randels recommended a workshop in
order to address details of the program before implementation.
BOARD INTERVIEW:
Don Bergherm, Construction Board of Adjustment & Appeals
Mayor
Randels clarified that Mr. Bergherm expressed an interest to serve on the Code
Enforcement Board; however, there are no vacancies on the Code Board at this
time.
Mr.
Don Bergherm responded to the Assistant City Attorney, Kate Latorre that all
information on his application was true and correct to the best of his
knowledge. He disclosed no pending
projects in the City that would cause a Conflict of Interest. Mr. Bergherm stated that he has spent most of
his adult life working in government. His experience is not of a technical nature in
construction, but of rules and regulations of government, primarily the Federal
government. He also worked in dispute resolutions with the Internal Revenue
Service. He is a licensed realtor and
has an active interest in real estate issues.
He expressed his personal interest as a resident to see quality in
Mr.
Morgan and Mr. Petsos expressed that he would be an asset to the Board. Mayor Randels related that Mr. Bergherm
served as President to the Costa del Sol Condominium Association. Mr. Quinn affirmed to Mayor Randels that the
Board last met in 2003. Mayor Randels
explained to him that the Construction Board of Adjustments and Appeals is a
Board based on an applicant’s perception of the Building Officials decisions. The
Board is called on to resolve issues when an applicant disagrees with those
decisions. The Board has not met due to
the Building Official’s effective performance. Mr. Bergherm stated that he
would be happy to serve if it served the needs of the community. Mayor Randels stated that a Resolution to
appoint him to the Board would be placed on the next City Council meeting
Agenda.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of April 5, 2005.
2. Proclamation
for Municipal Clerks Week.
3. Proclamation
for National Public Works Week.
4. Resolution
No. 2005-10; Re-appointing Three Regular Members to the Community Appearance
Board (K. Hayes, B. Bruns, and W. Bowman).
5. Resolution
No. 2005-11; Appointing One Regular Member and One First Alternate to the
Business and Cultural Development Board (B. Leach and J. Anderson).
6. Renewal
of Turf Area Fertilization, Insect, Disease, and Weed Control Services with
Black’s Spray Service in the Amount of $13,395.
Mayor Randels asked
if any member of Council, staff or interested party desired to remove any items
from the Consent Agenda for discussion.
Mayor Pro Tem Hoog
questioned why Mr. Bowman did not submit a reappointment letter.
Ms. Stills stated
that Mr. Bowman did not submit a letter of reappointment in that he was considering
his decision. Council requested to see a
response from Mr. Bowman prior to reappointing him to the Community Appearance Board. Mayor Randels stated that Resolution No.
2005-10 would proceed and Walter Bowman’s name removed until he submits his
reappointment letter.
A motion was made
by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda
Items No. 1 through 6 as submitted. 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:
7. Motion to Approve: Collective Bargaining Agreement with the
International
Ms. Stills
distributed final corrections to the Union Contract. Mayor Randels thanked Ms.
Stills for her assistance in working through the negotiations. Mayor Randels made note of the decrease of
the Probationary Period from six months to 90-days, benefits to part-time
employees, a 1.5 percent Cost of Living Adjustment, and elimination of the of
the word “may” and inserting “shall” for employees who receive a very good or
higher on their performance evaluations. Mr. Boucher stated that the
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve
the Collective Bargaining Agreement with the International
8. Motion to Approve: Proposal from
Ms. Hanson explained
that due to the grant award, the first section of the pedway was completed;
however, in order to make effective use of equipment and the current cost of
materials, she recommended project completion.
Mayor Randels stated that Recreational Impact Fees were available.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Proposal from L.A. Construction to Construct the Remaining Pedway
at Manatee Sanctuary Park in the Amount of $19,255.00. 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.
9. Motion to Approve: Proposal from Todd Peetz of Miller Legg and
Associates to Conduct a Residential Inventory of Developed and Vacant Land in
the Amount of $11,000.00.
Mayor Randels explained that the Planning and Zoning Board recommended a study
in order to address residential density. Mr. Lamar Russell stated that the
Board was asked to prepare this item, however, he inquired of the source of the
request. Mr. Petsos replied that he made
the request. Mayor Randels stated that
this item is not budgeted and would be expended from the General Fund
Contingency. Mayor Randels made note
that the motion language would be amended to read “in an amount not to
exceed.” Mr. Petsos expressed that this
research would allow for planning prior to the next Comprehensive Plan
review. Attorney Garganese pointed out
that the study is a prudent step in providing data and analysis.
Mr. Morgan expressed his concern with the possible effects of changing
the density and creating a non-conforming status. Mr. Petsos stated that his concern was
redevelopment. Mr. Morgan explained that
a lot that could accommodate five units would only be allowed to reconstruct three
units. Attorney Garganese pointed out that another purpose of the study would
identify the potential in conversions of a single-family area to a large
condominium project that might not sustain service levels. The data would
establish if there was a need. Mr. Morgan stated that he saw that reduction
would occur during reconstruction. He
only saw jeopardy on roadways and streets.
Mayor Pro Tem Hoog noted that on the last report from the Building
Official, he saw no more than 13 units per acre. He stated that the existing data did not
support the need for a study. Mr. Morgan
stated that a decrease in density would automatically occur due to zoning even during
redevelopment.
Mr. Lamar Russell expressed that he was not hearing the Council’s favor
to proceed with the research and, therefore, did not choose to waste the
Board’s time with review if Council was not in expressed favor. Mr. Morgan
stated that the City’s levels of service are intact. Mr. Boucher replied to Mr.
Morgan that the Wastewater Treatment Plant was at 51 percent capacity with
three-quarters of the City developed. Mayor Randels summarized that consensus appeared
split and questioned if the Council should wait until Mr. Miller were present
to formulate a decision. Mr. Morgan
stated that zoning is stable and the Building Official would not allow more
units per acre than allowable. Mayor Pro
Tem Hoog stated that he was not in favor of the study due to the cost. He expressed that special exceptions that he
found similar to spot zoning impacted an area to a greater extent. Mayor
Randels explained that on the Presidential streets more units could be constructed
per lot. Mr. Morgan requested that
Council Table the Item Until the Next Scheduled City Council Meeting. Mayor Randels stated that this would allow
for the inclusion of all members of the Council.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Table the Proposal from Todd Peetz of Miller Legg and Associates to Conduct a
Residential Inventory of Developed and Vacant Land in an Amount Not to Exceed
$11,000.00.
The vote on the
motion to Table Item No. 9 carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
10. Motion
to Approve: Settlement Agreement with
Mermaid Key, LLC.
Mayor Randels read the Agreement Whereas
clauses as:
·
Whereas,
Mermaid Key owns certain real property located within the City; and
·
Whereas,
Mermaid Key intends to develop the Subject Property in the future; and
·
Whereas,
Mermaid Key contacted the City Building Official with the intention to remove
certain noxious/invasive trees species from the Subject Property; and
·
Whereas,
the Building Official noticed Mermaid Key that a land clearing moratorium was
currently in effect; and
·
Whereas,
Mermaid Key indicated that it fully understood and intended to comply with the
provisions of the land clearing; and
·
Whereas,
the Building Official authorized Mermaid Key to clear noxious/invasive tree
species from the Subject Property; and
·
Whereas,
on March 10, 2005, the Building Official performed a routine inspection of the
Subject Property in furtherance of ensuring compliance with his previous
authorization and discovered that several native and/or protected trees had
recently been removed in violation of the land clearing moratorium; and
·
Whereas,
subsequent to inspection, the Building Official prepared an Inspection Report
dated March 11, 2005 which evidences the total diameter at breast height (dbh)
of the protected trees removed from the Subject Property to be 106 inches; and
·
Whereas,
Mermaid Key admits to erroneously removing the protected trees in violation of
the land clearing moratorium; and
·
Whereas,
on March 30, 2005, Mermaid Key advised the City it was willing to remediate its
removal of the protected trees and settle any potential code enforcement
violations against it in lieu of the City instituting code enforcement action
and expending valuable resources embroiled in time-consuming code enforcement
proceedings; and
·
Whereas,
Mermaid Key is uncertain as to when the Subject Property will be developed; and
·
Whereas,
the parties acknowledge that providing replacement trees on the Subject
Property at this time with no approved development project would be
impracticable, due to the uncertainties associated with the future development
of the Subject Property; and
·
Whereas,
in order to address this current impracticality, Mermaid Key desires to
immediately provide replacement trees to the City to be planted elsewhere at
the City’s discretion in order to immediately remedy the code violation and to
replace a benefit currently enjoyed by the citizens of Cape Canaveral; and
·
Whereas,
Mermaid Key acknowledges and agrees that landscaping on the Subject Property
will be required when the Subject Property is permitted for development.
Mayor Randels read the provisions from
Mermaid Key to the City as:
·
Mermaid
Key shall provide to the City a number of trees with a combined dbh of at lease
two hundred twelve (212) inches, for planting with the City.
·
The
species and size of such trees shall be subject to the City Manager’s prior
approval and shall be listed on the Desirable Species List set forth in Chapter
102 of the City Code.
·
Each
tree shall not be less than four (4) inches dbh.
·
This
Settlement Agreement in no way affects Mermaid Key’s obligation, upon future
development of the Subject Property, to abide by the City’s Code requirements
regarding minimum tree replacement.
Mayor Randels read the provision from the
City to Mermaid Key as:
·
The
City Manager, at his discretion, shall determine suitable locations within the
City for the replacement trees to be planted.
·
The
planting and maintenance of such trees shall be the responsibility of the City.
·
The
City shall not prosecute Mermaid Key for the removal of the protected trees
from the Subject Property as long as Mermaid Key satisfies its obligations
under the terms and conditions of this Settlement Agreement.
Mr. Todd Morley
stated that the Agreement summarizes the situation correctly. The City Attorney developed a binding
settlement agreement. Mr. Gibson was
asked to provide a suggested remedy which was submitted to the City Attorney
for inclusion into this Agreement. Mr. Gibson, Mermaid Key representative, stated
that the situation was grossly misrepresented.
He stated that he had the City Manager and the Building Official’s
authorization to remove Brazilian pepper trees from the site. He informed that
a tree survey identified two oak trees on the site, only one of which was
removed.
Mr. Gibson stated
that at the meetings on January 12th and February 15th,
he was aware of only oak trees in discussion for the land-clearing moratorium.
At the time of the discussion, his project was one of those grandfathered-in as
already in progress. He stated that he contacted the City prior to the pepper
tree removal. He stated he was told that
there was no need for a site-clearing permit.
Mr. Morley also told the
Mr. Gibson explained
that he called his hand clearing crew who did not use heavy equipment. He stated further that he requested a permit
for a fence; however, an alligator on the site postponed the permit. Mr. Gibson stated that he did not see the
fairness of the City attempting to impose a moratorium on a project that had
authorization to proceed. He stated that
his firm’s offer to settle has been withdrawn subsequent to the Agreement
letter from the City Attorney. Mayor Randels affirmed that those developers who
had begun projects were excluded from the moratorium. Mr. Gibson replied to Mayor Randels that one
oak tree was removed and two have since been replaced. Mayor Pro Tem Hoog clarified that the
moratorium was on protected trees and stated that palm trees are included in
the mitigation portion of the land-clearing ordinance as well as the wax
myrtle. Mr. Morgan pointed out that
there is a Section in the Ordinance that references protected trees.
Attorney Garganese
stated that he prepared a Settlement Agreement based on information provided. He recommended that the Council rescind the
Agreement and proceed through Code Enforcement action. Mr. Morley replied to
Mayor Pro Tem Hoog that in accordance with City code, he is required to notify
the St. John’s River Water Management District with regard to potential
disturbance of wetlands. Mr. Morley
reported that there was no destruction of mangroves. The representative from
Attorney Garganese
stated that under the existing code, the penalty is $250.00 per inch for
violation of tree removal.
Mr. Gibson restated
that both Mr. Morley and Mr. Boucher told him that he did not need a
land-clearing permit which was also told to the
Mr. Boucher asked if
Council preferred that the developer mitigate 106 dbh or 212 dbh. Mayor Pro Tem Hoog asked if he could plant
three additional oaks. Mr. Gibson affirmed. Mr. Norm Boucher suggested that the
developer donate three oak trees to the
No further action was taken on this item.
ORDINANCES: Second Public Hearing:
11. Motion
to Adopt: Ordinance No. 05-2005;
Amending Chapter 102, Vegetation; Providing for Land Clearing Permit
Requirements; Providing for Standards of Review; Providing for Rules and
Regulations Regarding the Preservation of Trees; Providing for Tree Replacement
Guidelines; Providing a Limited Exception for Land with Three or Fewer
Residential Dwelling Units; Providing Conforming Amendments to Chapter 110,
Sections 566 Through 568, at second reading.
Mayor Randels read Ordinance No. 05-2005 by
title.
AN
ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES, VEGETATION; PROVIDING
FOR LAND CLEARING PERMIT REQUIREMENTS; PROVIDING FOR STANDARDS OF REVIEW;
PROVIDING FOR RULES AND REGULATIONS REGARDING THE PRESERVATION AND PROTECTION
OF TREES; PROVIDING FOR TREE REPLACEMENT GUIDELINES; PROVIDING A LIMITED
EXCEPTION FOR LAND WITH THREE OR FEWER RESIDENTIAL DWELLING UNITS; PROVIDING
CONFORMING AMENDMENTS TO CHAPTER 110, SECTIONS 566 THROUGH 568; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
For the record, Mayor Randels stated this as the eighth meeting on this
issue. He recounted the dates as: December
13, 2004 the first Joint Meeting with the Planning and Zoning Board; the second
meeting, the First Reading, January 18, 2005 to Approve the First Reading of
Imposing a 30-Day Moratorium; Second Reading, February 1st the
Second Reading to Impose the 30-Day Moratorium ; the fourth meeting, a Joint
Meeting with the Planning and Zoning Board on February 23rd; the
fifth meeting, on March 1st a Joint Meeting with the Planning and
Zoning Board and the City Council continued review of a 30-page draft ordinance;
the sixth meeting, a Joint Meeting with the Planning and Zoning Board on March
9th and City Council reviewed a 37-page draft ordinance; the seventh
meeting on March 21st a revised 42-page draft ordinance. This
meeting on April 19th being the eighth meeting and Second Reading
and Final Hearing on the Ordinance.
The meeting was duly noticed by legal advertisement on April 9th.
Mayor Randels noted on Page 5, Section 102-37 a provision that was
inserted during Mr. Morgan’s absence, “this division shall be applicable to all
land lying in the incorporated area of the City of
Mr. Morley noted the difference in penalties between the existing codes
to the proposed code. He informed that
the proposed code would incur penalties to Mermaid Key in an amount $19,600; however,
those penalties are $26,500 under the existing code. Discussion brought out that the intent of the
ordinance was to present the developer with options for mitigation and not to emphasize
penalty for removal. Mr. Morgan pointed
out that the goal was tree protection.
Mr. Morley also asked if the City planned to continue to measure palm
trees by diameter at breast height [dbh]. Attorney Garganese informed that by
using State law, $5,000 is the standard for an irreparable violation. A tree over 24-inches and a specimen tree
incurred a double penalty. Mr. Morley
replied to Mayor Pro Tem Hoog that Mr. Greene requested to remove the Brazilian
peppers in order to gain a more accurate tree survey.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt
Ordinance No. 05-2005 at second 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:
12. Vacation
Rentals.
Mr. Boucher
informed that
AUDIENCE TO BE HEARD:
·
Mr.
Lamar Russell inquired about Ordinance No. 04-2005 on the City Council March 15th
Agenda. He referred to the item on Vehicle
Rentals. He stated that the item was
referred to the Planning and Zoning Board from the Board of Adjustment and was
reviewed at length; however, the City Council refused to make a motion on the
item for discussion. He asked why the
City Council disregarded the item. Mr.
Morgan expressed that he was not aware of the background details. Mr. Petsos stated that he did not support the
item. Mayor Pro Tem Hoog expressed that
he sat in on the Planning and Zoning Board meetings in the past; however, he listened
at the Board meeting and he was not asked any questions. He stated that the
Scooter Rental owner is currently breaking his Special Exception provision and
he expressed that scooter rental does not promote tourism, but a problem. Mayor Pro Tem Hoog stated that he was not in
support of the ordinance. Mr. Russell
expressed that his past year on the Planning and Zoning Board has been
unbeneficial. He also expressed that
when the Board crafts new ordinances and performs research, he finds language
that the City used in 1985. He finds
what the Board has done so far is an effort for other communities. He concluded
that the Board would like to have heard from the Council on the issue.
REPORTS:
1. City
Manager
·
Mr. Boucher reported that he needed to schedule four workshop meetings: the Access Management Plan that needed discussion in a Joint Meeting
with the Planning and Zoning Board, the Goals and Action Meeting, the City
Hall Facilities Plan, and a workshop on the Waste Management Cart
System.
·
Mr. Boucher reported that he received the Portuguese visit itinerary. Ms. Christina Brown of NASA is traveling to
·
Mr. Boucher stated that further discussion is needed on gaming ship illegal sewage dumping.
He informed that he received a response
from Canaveral Port Authority stating that they are meeting the three-mile
requirement. He asked if the Council desired for him to confer with other
coastal cities on this matter. Council
discussion pointed out that coastal water quality is diminishing and action is
needed due to its impact on these communities.
2. Staff
No
reports were forthcoming due to the lateness of the hour.
3. City Council
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog inquired about the status of BellSouth’s objection to remove their utility from County right-of-way. Mr. Boucher replied that a Brevard County
Roadway representative will write BellSouth a letter. Attorney Garganese stated that BellSouth had
two objections: 1) the City cannot force them to move a utility from a County
roadway and 2) the developer should incur the cost because of the resulting
benefit.
ADJOURNMENT:
There being no further business the meeting adjourned at 10:25 P.M.
_________________________________
Rocky
Randels, MAYOR
________________________________