CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
May 16, 2006
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 Jim Morgan
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager Bennett
Boucher
City Attorney Anthony
Garganese
City Clerk Susan
Stills
Building Official Todd
Morley
Public Works Director Ed
Gardulski
PRESENTATION:
Mayor
Randels called on Ms. Mary Jo Laws to present the award to the Spring
Single-Family Award winners. She
presented the award to Martin and Jeannie Gaydan of
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of May 2, 2006.
2. Proclamation
for Management Week.
Mayor Randels asked if Council, staff or any
interested party desired to remove any of the 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 Mayor
Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. 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:
3. Motion
to Approve: Bid No. 06-02 Lift Station
No. 1, Sewer Force Main Replacement, in the Amount of $797,000 to Maxwell
Contracting Inc.
Mayor Randels stated that the City Manager, the
Public Works Director and the City Engineers found the bid high. Ed Gardulski, Public Works Director,
requested to reject the bid and to re-bid the project in the fall. He replied to Mayor Randels that the
Department is prepared for any unanticipated line breaks. Mr. Gardulski replied that he did not expect
a decrease in the cost. He stated that
$400,000 was budgeted for the costs; however, the bid received was twice that
amount. Mr. Gardulski replied to Mr.
Nicholas that he was more concerned with excavation than any residual effects
of a hurricane.
Mayor Randels referred to a previous bid for
$395,000 from Wiring Technologies in March; however, that bid was
withdrawn. The Mayor explained that the
current bid was based on the previously submitted pricing. Mr. Morgan stated that since the City Manager
and the Public Works Director were confident in responding to any anticipated
line breaks, he was in favor of rejecting the bid submitted. Mr. Petsos expressed his preference for more
than one bid. Mayor Pro Tem Hoog
reminded that the projected year for installation was extending into 2008.
A motion was made by Mr. Morgan and seconded
by Mr. Petsos to Reject Bid No. 06-02 for Lift Station No. 1, Sewer Force Main
Replacement in the Amount of $797,000 to Maxwell Contracting, Inc. 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.
4. Motion
to Approve: Grant Agreement with the
Florida Department of Environmental Protection in the Amount of $314,770.
Mayor Randels stated that the City’s Stormwater
Administrator submitted this grant for improvements to an open drainage between
A & B Builders and the Gould’s
A
motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the
Grant Agreement with the Florida Department of Environmental Protection in the
Amount of $314,770. 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.
ORDINANCES: First
5. Motion to Approve:
Ordinance No. 07-2006; Amending Chapter 98, Subdivisions, Article II,
Plats, Division 3. Preliminary Plat;
Clarifying the Role of the Planning & Zoning Board Regarding Preliminary
Plat Approval; Providing for the City Council to Make Final Decisions Regarding
the Approval or Disapproval of Preliminary Plats, at First
Mayor Randels read Ordinance No. 07-2006 by
title.
AN
ORDINANCE OF THE CITY OF CAPE CANAVRAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, ARTICLE II, PLATS, DIVISION 3,
PRELIMINARY PLAT; CLARIFYING THE ROLE OF THE PLANNING AND ZONING BOARD
REGARDING PRELIMINARY PLAT APPROVAL; PROVIDING FOR THE CITY COUNCIL TO MAKE
FINAL DECISIONS REGARDING THE APPROVAL OR DISAPPROVAL OF PRELIMINARY PLATS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
Mayor Randels explained that the City Manager found
that Florida Statutes Section 117.07(1) states that a municipality’s governing
body must approve and show approval of Preliminary Site Plans. Attorney Garganese informed that the City
code needed language to clarify the Council’s final decision-making authority
regarding plats. Mayor Randels read the
Whereas Clauses for the audience’s clarification.
Attorney Garganese affirmed for Mr. Garboski that
the Council could override the Planning and Zoning Board’s decisions. Mayor Randels explained that the Council
might receive additional information that would assist them in rendering a
final decision. Attorney Garganese
concluded that the Planning and Zoning Board is a recommending Board to the
City Council.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve Ordinance No. 07-2006 at First
5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor
Randels, For.
6. Motion
to Approve: Ordinance No. 08-2006;
Amending Chapter 26, Elections; Changing the Qualifying Period for Candidates
and Write-In Candidates for the Offices of the Mayor and City Council to be
Consistent with the Requirements of the Brevard County Supervisor of Elections,
at First Reading.
Mayor Randels read Ordinance No. 08-2006 by title.
AN
ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE
QUALIFYING PERIOD FOR CANDIDATES AND WRITE-IN CANDIDATES FOR THE OFFICES OF THE
MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD
COUNTY SUPERVISOR OF ELECTIONS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels explained that the current qualifying
period begins on the 74th day prior to the General Elections;
however it ends following the deadline for Ballot information. The proposed ordinance would allow seven
additional days to re-establish the qualifying period and adhere to the
Supervisor of Elections deadline. Mayor
Pro Tem Hoog questioned why the necessity for write-in candidate information
prior to the election. The City Attorney
would present an answer at the Second Public Hearing.
There was no public comment.
A motion was made by Mr. Morgan and seconded
by Mr. Petsos to Approve Ordinance No. 08-2006 at First
SITE
PLAN:
7. Motion
to Approve:
Mayor Randels reviewed the proposed changes. Mr. Morgan stated that this project has been
considered for many years. Mr. Petsos
concurred. Mr. Nicholas inquired about
the cost. Mr. Gardulski replied that he
would present a proposed cost at a later time.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve the Site Plan for a
RESOLUTION: Add-On Item:
8. Motion
to Adopt: Resolution No. 2006-18; Approving the Final Replat of
Mr. Morgan and Mayor Pro Tem Hoog disclosed that
they both completed Voting Conflict Forms as the developer and the electrical
contractor on the project. Mr. Morgan
explained that there are three lots in questions of 75 feet by 125 feet and a
minimum lot for re-plat for townhouses is 20 feet by 70 feet and each are
considerably oversized. Mr. Louis Suarez
of
A motion was made by Mr. Petsos and seconded
by Mr. Nicholas to Adopt Resolution No. 2006-18 approving the Final Replat of
CONSIDERATION: Add-On Item:
9. Motion
to Approve: Request for Time Extension,
Beachside Townhomes – 2nd Addition Preliminary Replat, John Johanson,
Applicant.
Mayor Randels read the City code provisions to
request an extension. Mr. Petsos
questioned the demonstration of good cause.
Mr. Johanson stated that he incurred delays due to the previous
hurricane season. Mr. Morgan disclosed
that due to his business relationship with Mr. Johanson, he would abstain from
voting. The City Attorney concurred.
A motion was made by Mr. Petsos and seconded
by Mr. Nicholas to Approve a Request for Time Extension for Beachside Townhomes
– 2nd Addition Preliminary Replat. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain;
Mr. Nicholas, For, Mr. Petsos, for and Mayor Randels, For.
REPORTS:
1.
City
Manager
·
Mr.
Boucher informed that he met with
·
Mr.
Boucher reported that the Interlocal Agreement for
·
Mr.
Boucher reported that he asked Dyer, Riddle, Mills and Precourt for a proposal
to design the middle turn lane from
·
Mr.
Boucher informed that the Canaveral Port Authority has their Comprehensive
Plan on the Consent Agenda. Mayor Pro Tem Hoog requested to
receive the Port Authority Agendas.
·
Mr.
Boucher informed that the Board Order for the building at
·
Mr.
Boucher reported that he drafted a letter to the
·
Mr.
Boucher informed that the Metropolitan Planning Council suggested that he seek
legislative assistance to address the need for a turn lane on State Road A1A
and
·
Mr.
Boucher reported on the sidewalk in front of the Radisson Resort and the need for a permit modification.
Mr. Gardulski explained that he spoke with the Florida Department of
Transportation who had received but were not in favor of the modification plans
for the following reasons: 1) the sidewalk is too close to the drainage
structure and 2) the elevation is off-center.
Mr. Gardulski suggested a five-foot easement to avoid the structure or
to move the structure. Mr. Morgan asked
if the City could legally install the sidewalk and assess the property
owner. Mr. Gardulski affirmed and said
that under a City ordinance, two public hearings would precede the City
installing the sidewalk.
·
Mr.
Boucher informed the audience to take
the City quality of life survey online from the City web site.
2. Staff
Public Works Director
·
Mr.
Brad Smith informed that the public appeared receptive to the
City Clerk
·
Clerk’s
Office staff contacted you to set a date for the visioning session;
however, Mayor Randels reminded of two other events that would occur on the
tentative date of Friday, May 19th.
She asked for input for another date. Mr. Petsos requested an afternoon
meeting. Ms. Stills said that staff
would return with a date and an afternoon time.
City Attorney
·
Attorney
Garganese informed that the City Council would receive some new ordinances for approval from the
Planning and Zoning Board.
AUDIENCE TO BE HEARD:
·
Ms.
Shannon Roberts asked that Kathy Reakes from the Hometown News publish an
article to encourage people to
visit the City web site and take the survey.
·
Ms.
Roberts also asked for an update on the
3. City
Council
Mr. Nicholas
·
Mr.
Nicholas asked if Mr. Gardulski had received feedback on the change of reuse
water hours. Mr. Gardulski replied that residents
only requested to know the established times.
·
Mr.
Nicholas asked if there were any remedy for a repeat violator of false Fire
Alarm responses. Mr. Boucher
informed that an order for disconnect is established after the fourth false
response.
Mr. Petsos
·
Mr.
Petsos requested if there were any funds from the County at this
time. He asked if there was discussion
for approval of $30,000 from the
·
Mr.
Petsos thanked the City Manager for the letter on the tax funding.
·
Mr.
Petsos questioned the Fines and Forfeitures fund and asked the City Manager to
look into the County’s open container
law and if the City could opt-in.
·
Mr.
Petsos expressed his concern with the
·
Mr.
Petsos asked if the City Manager received any information from the Florida Department
of Community Affairs on the
·
Mr.
Petsos asked for a progress report on the Sea Turtle Lighting project. Ms. Kathy Reakes informed that she was told
that
·
Mr.
Petsos asked if there were a definition of diseased trees at this
time. City Manager replied that the City
Arborist would address this issue.
·
Mr.
Petsos asked if the City could recoup any of the paving cost for
·
Mr.
Petsos noted an Audit Selection Advisory Committee meeting on Thursday, May
18th and asked if the Council were required to attend. Mr. Boucher said that Council was not
involved in the Audit Selection process at this time.
Mr. Morgan
·
Mr.
Morgan expressed his thanks on working with the Council.
Mayor Pro Tem Hoog
·
Mayor
Pro Tem Hoog noted a concern regarding lighting on
Mayor Randels
·
Mayor Randels informed that he met Governor Jeb Bush and Ms. Carol Green from the Communities for a
Lifetime for an acknowledgement to the City of
·
Mayor Randels met with the City of
·
Mayor Randels reported that he is working
with representatives of the Residence Inn for a restaurant and a bank.
·
Mayor Randels noted the many new
ordinances from the City Attorney’s office.
·
Mayor Randels informed that the Public Works Department and Mr. Nicholas received acknowledgements for
their participation during the Library’s Anniversary and the annual Library Book Sales event.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 9:05 P.M.
________________________________
Rocky
Randels, Mayor Pro Tem Hoog
________________________________
Susan Stills, CITY CLERK