CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
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
Council Member Leo
Nicholas
Council
Member Buzz
Petsos
Mayor Rocky
Randels
Others
Present:
City
Manager
City
Attorney
City
Clerk Susan
Stills
Building
Official Todd
Morley
Public Works Director Ed
Gardulski
Mayor Randels announced to
attendees who were present for Item No. 13 that the item would be tabled until
the next scheduled City Council meeting.
Mr. Boucher responded to Mr. Petsos that there was discrepancy over an item
that needed staff review.
Mayor Randels noted the
passing of Mr. William Bennix a long time City resident and local developer and
builder. He acknowledged Mr. Bennix’s contributions
to the Cape Canaveral Volunteer Fire Department and City beautification
efforts.
PRESENTATION:
Mayor
Randels called on Ms. Mary Jo Laws, Beautification Board Chairperson, to
present the awards. Mayor Randels proposed to take and submit photos to the
local newspaper. Ms. Laws recognized Mr.
and Mrs. Pete Nicks in the Single-Family category. The Nicks were not in
attendance and their award will be forwarded.
She presented an award to Ms. Joanne Smally in the Multi-Family
category. Ms. Smally acknowledged the efforts of all families involved in the
decorating. Ms. Laws then presented an award to Mr. Ed Laquori from Tip-A-Few
Tavern in the Commercial category. Ms.
Laws expressed the Board’s appreciation to the winners.
Mayor
Randels acknowledged the gift of a ceramic peacock from Ms. Collette Cannon.
Ms. Cannon stated that she would like to see the peacock as the City of
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Resolution
No. 2006-01; Appointing a Regular Member to the Board of Adjustment (Catherine
Barnes).
3. Resolution
No. 2006-02; Appointing a Regular Member to the Beautification Board (Martha
Carroll).
4. Resolution
No. 2006-03; Appointing a Regular Member to the Planning and Zoning Board
(Harry Pearson).
5. General
Easement Agreement, A1A Acquisition Group, LTD, LLP.
6. Utility
Easement Agreement, A1A Acquisition Group, LTD, LLP.
7. Utility
Easement Agreement, Greene International Development.
8. Utility
Easement Agreement, Vinod Kalidus.
Mayor Randels asked if any Council member, staff or
interested party desired to remove any of the Consent Agenda items 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 through 8. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
9. Motion
to Approve: Final Replat, Chadwick
Townhomes, Katherine Chadwick, Applicant.
Mayor
Randels explained the Council’s review based on the Planning and Zoning Board’s
recommendation. He reviewed all other
items in the checklist as: Mr.
Mr.
Osborne informed that he visited the Bureau of Archeological Review in
A motion was made by Mr. Morgan and seconded
by Mayor Pro Tem Hoog to Approve the Final Replat for Chadwick Townhomes. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor
Randels, For.
10. Motion
to Approve: Preliminary Replat, Beroja
Palms, Ron Wallen, Applicant.
Mr.
Morgan asked that Item No. 10 be postponed at the request of the applicant.
Mayor
Randels returned to Item No. 10 after discussion on Item No. 11. He explained that the Council’s task was to
review what the Planning and Zoning Board recommended. He noted the 14.28
density. Mayor Randels stated that all
concurrency was performed. Mr. Morgan
disclosed that he completed a Voting Conflict of Interest Form due to his financial
interest in the project. Mayor Randels established that the project is located
on the south side of
A
motion was made by Mr. Petsos and seconded by Mayor Randels to Approve the
Preliminary Replat for Beroja Palms. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, Abstain; Mr. Morgan,
Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES:
Second Public Hearing:
11. Motion
to Adopt: Ordinance No. 21-2005;
Amending Chapter 102, Article II., Division 2; Providing Land Clearing Criteria
for Land that Contains or that will Contain Single Family, Two-Family or Three
Family Residential Dwelling Units, at second reading.
Mayor Randels read Ordinance No. 21-2005 by title.
AN ORDINANCE OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II, DIVISION 2 OF
THE CODE OF ORDINANCES RELATING TO LAND CLEARING FOR SMALL SCALE EXISTING AND
NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES
AND SUBDIVISIONS OF THREE (3) OR FEWER SINGLE FAMILY UNITS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels noted that the Ordinance was
advertised on
Mayor Randels explained further that this language
in the proposed ordinance required the Building Official to issue a
land-clearing permit regardless of the situation.
This amended ordinance withdrew some of the proposed
language and added a new Section 120.40.5 to address small-scale residential dwelling
units, permit requirements, requirements for the tree located within the
footprint, tree survey requirements, tree replacement guidelines and
maintenance requirements. Mayor Randels
stated that the Council’s intent in the ordinance is: 1) committed to
preserving, enhancing and creating green area within the City, 2) by assuring
the preservation of existing trees on public and private property and taking
steps to require maintenance of existing and installation of new trees within
the City and 3) to provide separate and distinct land clearing regulations for
land which contains small scale existing and new residential developments such
as single family.
Mr. Ray Osborne stated that this was the ordinance
in which he was suggesting an amendment of an archeological addition. He inquired of staff’s research regarding
regulations on artifacts. Attorney
Garganese replied in response to Mr. Osborne’s inquiry at the previous meeting,
research was conducted and Attorney Garganese recommended that the Council not change
this particular ordinance to add additional language regarding archeological
resources. He reasoned that there are
Federal Regulations that address documenting archeological resources and the Federal
regulation was cited as well as the penalties for violating the Federal law. The State also has regulations to preserve
archeological resources including unmarked burial grounds where human remains
exist which include notifying a Medical Examiner and documentation. Further, the City already has a Comprehensive
Plan policy in the Future Land Use Element which provides that the City l maintains
a list of archeological sites to crosscheck against locations of proposed
development before the City issues development orders. He concluded that there is a fair amount of
Federal, State and local oversite regarding archeological artifacts. He reminded that the Council could revisit
the issue during the upcoming Land Development review process.
Mr. Nicholas asked if there were any language on the
permit application to address this issue.
Mayor Randels asked Mr. Peetz if addressing artifacts were part of the permitting
process. Mr. Peetz affirmed and stated that
Mayor Randels read from the Federal Regulation that,
“no such article shall be treated as an archeological resource unless it is 100
years old.” Mayor Randels asked Mr. Osborne for a plan on how to retain any
artifacts. Mr. Morgan suggested that Mr. Osborne post an informational flyer
for developers at City Hall. Mr. Osborne
asked
Mr. Lamar Russell expressed concern with the City’s
subsequent action to an archeological find.
He stated that several archeological areas were already identified. Mr. Morley responded that he did not know
what happened up to this point; however, there are Federal Regulations that
apply. Mr. Russell emphasized that the City should know what has occurred up to
this point. Mr. Morgan read from the
Federal Regulation that specifically protects archeological resources. Mr. Russell stated that the City should have
some safeguards in place before the Federal Laws come into play. He stated further that he was not hearing a
definitive response on how the City would proceed if an artifact is found.
Mayor Pro Tem Hoog asked what happens when property is purchased and a burial
mound is found. Mayor Randels read from Florida Statutes 253.07 that provides
for emergency land acquisition by the State on which archeological artifacts
are found.
Attorney Garganese replied to Mayor Pro Tem Hoog that when human remains
are found, under Florida Law, a developer must immediately contact Law
Enforcement, contact the State Medical Examiner, have a review by State
Archeological representatives, and have the police cross-check their files for
missing persons. Attorney Garganese reiterated
that the State has budgeted funds in order to purchase property where human
remains are found. Mr. Petsos replied to
Mayor Randels’ questions that Windover Farms was purchased when skeletal
remains were found. Development ceased
and the State worked with the developer and what was not an archeological find
continued in development. Mr. Osborne
inquired about an updated archeological survey.
Mr. Boucher replied that the City would update the Comprehensive Plan in
the coming year that would include updated archeological information. Mayor
Randels concluded that the City could adopt the State’s updated plan.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Adopt Ordinance No. 21-2005 at second reading. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
RESOLUTIONS:
12. Motion
to Adopt: Resolution No. 2006-04;
Mayor
Randels read Resolution No. 2006-04 by title.
A RESOLUTION OF THE CITY OF
Mayor Randels stated
that the Florida Legislature support legislation as part of a comprehensive
legislature reform package that: 1) Preserves municipal autonomy and protects
the fundamental right of voluntary self-government, 2) Provides municipalities
alternative funding options for the purpose of responding to impacts of
declared disasters; 3) Preserves municipal tools for community redevelopment
and urban revitalization, 4) Provides a dedicated and recurring revenue source
for municipal transportation projects, 5) Preserves dedicated funding for local
affordable housing programs, 6) Provides for an equitable distribution of fines
and fees from criminal violations such as driving under the influence of
alcohol or other chemical substances, and 7) Provides a comprehensive and
uniform workers’ compensation system. Mayor Randels summarized that this
resolution endorses Home Rule for cities.
Mr. Lamar Russell
commented on Municipal Home Rule and noted that in the aftermath of Hurricane
Katrina the Governor and Mayor of
Mr. Russell shared
his concern that the City Council would not engage in an argument with a
federal funding agency and hinder emergency efforts such as was done in the New
Orleans and Louisiana recovery efforts.
Mayor Randels replied that
Mr. Russell
expressed his confidence in
A
motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Adopt
Resolution No. 2006-04. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
SITE
PLANS:
13. Motion
to Approve: Canaveral Bulk Storage Site
Plan, Randy May, Applicant.
This item will be tabled until the City Council
meeting of
14. Motion
to Approve: Site Plan for Sea Shell Cay
Townhomes, James Morgan, Applicant.
Mayor Randels stated that the Planning and Zoning Board approved the Site
Plan with the following four conditions: 1) to add an easement to the final
plat for access to Lot 3 to North Atlantic Avenue, 2) to meet the condition of
the public works director for sewer connection, 3) to provide a St. John’s
River Water Management District permit/exemption for drainage and 4) for the
City Engineer to review stormwater calculations provided by the applicant. Mr. Morgan disclosed that he completed a
Voting Conflict of Interest Form with the State due to his ownership of the
property.
Mayor Randels acknowledged a letter dated on December 19th
from All Shores Development to request permission to remove a specimen tree along
with City Council’s review of the Site Plan.
Mayor Randels explained that any trees larger than 24-inches depth/
breast diameter must be discussed with the Council before removal. Mr. Petsos asked if there was any discussion
with the Planning and Zoning Board to move the building within the setback. Mr. Morgan replied that discussion occurred with
the Building Official. Some discussion
followed on moving the building. Ms. Bea
McNeeley, Planning and Zoning Board Chairperson, replied that the Board did not
address moving the building within the footprint.
A resident stated that there is a 20-foot public easement that traverses
north to south between the first and second lot and the tree is on the easement. Mr. Gardulski replied to Mayor Randels that
he was not aware of a public easement.
Mr. Morley stated that he also was unaware of any easements. Mr. Morgan requested to see the
easement. Mr. Lamar Russell stated that since
new knowledge was before the Council, would the Council consider returning the
item to the Planning and Zoning Board for further review. Mr. Morgan stated that he preferred to
research for a public easement through County records. Attorney Garganese requested to table the
item and to have the City ownership and encumbrance report. Mayor Randels requested that the resident
contending the public easement submit that information to the City and the City
would also order the encumbrance report.
Ms. Martha Carroll reminded the Council to return to address the specimen
tree removal first discussed. She stated
that the ordinance addressed tree protection and she desired to see the
ordinance used and trees preserved. Mr.
Morgan concluded that the building was designed prior to the ordinance’s
development.
A motion was made by Mr. Nicholas and
seconded by Mr. Petsos to Table the Site Plan for Sea Shell Cay Townhomes. The vote on the motion carried 4-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor
Randels, For.
DISCUSSION:
15. C-1
Low Density Commercial District.
Mayor Randels stated that he initiated this item for
discussion. He acknowledged a new Ron
Jon’s Resort at the City’s entrance and noted the number of surf shops in the
Ms. Kathy Reakes questioned limiting the distance on
retail stores which might create a monopoly for Ron Jon’s. Mayor Randels
replied that the City was successful in limiting the distance
requirements. Mr. Osborne asked if
commercial districts were higher in impact fee revenues that would benefit the
City infrastructure. Mayor Randels
replied that a former Council decided on a minimum of 150 units on a five-acre
parcel. He stated that the success of the distance requirement is that it is
uniformly applied. Mr. Petsos asked if
this item could proceed to the Planning and Zoning Board for further
review. Mr. Nicholas questioned the
effect of the new
Mayor Randels explained to a resident with a
question on growth on
Further discussion brought out the need for a
regional study and a presentation from the Port.Mr. Peetz said that
REPORTS:
1.
City
Manager
·
Mr.
Boucher stated that a Code Review Meeting would begin at 5:00 P.M. on
January 17th prior to
the Regular Meeting.
·
Mr.
Boucher informed that the Planning and Zoning Board requested a Joint
Workshop Meeting with City Council to
discuss the City Planner’s density study as well as the C-1 Moratorium on State
Road A1A.
·
Mr.
Boucher reported that the
·
Mr.
Boucher thanked the City Clerk for
her assistance during his vacation.
2. Staff
Public Works
Director
·
No
report.
Building Official
·
No
report.
City Clerk
·
No
report.
City Attorney
·
No
report.
AUDIENCE TO BE
HEARD:
·
Mr.
·
A resident
questioned the peak hours for
·
Mr. Niko
Valestrieri and his mother expressed concern that the school bus destined
for
·
Mr. Ray
Osborne invited all to the History of
·
Ms.
Valestrieri expressed that she was
concerned with special exceptions for town houses and her concern with the
townhomes proposed on
3. City Council
Mr. Nicholas
·
Mr.
Nicholas referred to the monies in the Library and Beautification Funds. Mr. Boucher affirmed that the funds are
carryovers from previous years. He would
make the Boards aware of the available funds.
·
Mr.
Nicholas informed that at a previous Beautification Board meeting a Son of
the American Legion member requested that a tree be planted in memorial;
however, he stated that they are asking the City to pay for the tree. He stated that he did not choose to see the
City pay for the tree and he requested that the City Manager not authorize the
payment. He informed that the VFW could
pay for the memorial and he would bring the matter up at their next meeting.
·
Mr.
Nicholas informed that he received a call from Mr. Roger Dobson regarding a
partial Certificate of Occupancy for his hotel units. The Building Official stated that the issue
was resolved. He met with Mr. Dobson,
Mr. Hermansen and the Fire Department and explained that the Certificate of
Occupancy could be issued based on the established criteria of completed units. Mr. Morgan and Mayor Pro Tem Hoog informed
that they had also received telephone calls from Mr. Dobson.
Mr. Petsos
·
Mr.
Petsos inquired about any funds received from the County. He said that the letter the City received
displays the lack of accountability in County budgeting. Mr. Petsos reported on
the County’s information of the City’s 1.9 percent of the population and 2.9
percent of the County budget. Mr. Boucher reported that he is seeking an Auditor
General Opinion letter on the County’s budgeting standards. Mr. Petsos replied to Mayor Randels that the
Florida Constitution does not allow the City to be a donor to the County
budget. Mr. Petsos’s intent is to
identify what funding is returned to the City.
·
Mr.
Petsos inquired about fireworks
discharge. Mr. Boucher will check
with Commander Scragg.
·
Mr.
Petsos inquired about the sidewalk next to the Radisson property. Mr. Gardulski would address project status.
·
Mr.
Petsos requested information on beach re-nourishment as well as the Federal, State, County and the
Port’s intentions. Mayor Randels
replied that Ms. Virginia Barker of the Department of Natural Resources is
preparing a status letter for the City Manager.
Mr. Morgan
·
Mr.
Morgan stated that he agreed with Mr. Petsos’ efforts on the seeing the City tax funding sent to the County
returned.
·
Mr.
Morgan referred to the 3.98 rate on the State Board of Administrators investment
statement and a 3.6 return from RBC Centura.
He suggested a short-term Certificate
of Deposit investment in the 4 percent range.
Mr. Boucher stated that this could be done if the banking
institution could collateralize the investment.
·
Mr.
Morgan stated that
Mayor Pro Tem Hoog
·
No
report.
Mayor Randels
·
Mayor
Randels reported that the City Manager ordered 600 Files of Life. He noted that
·
Mayor
Randels pointed out that he did not receive an announcement for the Cart
System.
·
Mayor
Randels asked for a status report on Project
Lifesaver. These are the transponder
bracelets for those with Alzheimer’s disease.
·
Mayor
Randels shared a newspaper article where a Building Inspector from
another city went on an inspection without a ladder.
·
Mayor
Randels asked about the status of the sidewalk project on
·
Mayor
Randels informed that the Friends of the Library collected $3,235. He asked if the City could partner with
the Friends of the Library to purchase a CD/DVD holder. Council discussion concluded that the Friends
of the Library have funds to pay for needed library equipment.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting as 10:05 P.M.
___________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK