CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
October 3, 2006
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager
City Clerk
Building Official Todd Morley
Public Works Director Ed
Gardulski
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of
September 19, 2006.
2. City Council Special Meeting Minutes of
3. City Council Special Meeting Minutes of
August 29, 2006.
4. City Council Special Meeting Minutes of
September 5, 2006.
5. City Council Special Meeting Minutes of
September 25, 2006.
6. Resolution
No. 2006-39; Appointing a Regular Member
to the Beautification Board (Andrea Rice).
7. Resolution
No. 2006-40; Appointing a Regular Member to the Business & Cultural
Development Board (Dianne Marcum).
8. Resolution
No. 2006-41; Appointing a Regular Member to the Construction Board of
Adjustment and Appeals (James Evetts).
9. Resolution
No. 2006-42; Appointing a Regular Member to the Board of Adjustment (Jack
Childs).
10. Addendum
to the Operating Equipment Lease Agreement with the Cape Canaveral Volunteer
Fire Department Inc.
Mayor Randels asked if any member of Council, staff
or interested parties 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. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent
Agenda Items No. 1 through 10. The
vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels. For.
CONSIDERATIONS:
11. Motion to Approve: Award Request for Proposal No. 06-06 for
Group Health Benefits.
Mr. Petsos asked Ms. Stills to present the Group
Health Benefits. Ms. Stills explained
that six proposals were submitted: Comp Benefits, Florida Benefits, Inc.,
Florida Dental, Florida League of Cities, Inc., Health First, Inc., and
Thompson, Bostrom, Inc. The Review
Committee consisting of the City Manager, City Treasurer and City Clerk
recommended Health First Health Plans at a quoted rate of $461.23 for medical
coverage, and Comp Benefits at a quoted rate of $24.74 and $5.74 for dental and
vision insurance coverage. Mr. Dennis
Thompson, of Thompson Bostrom, Inc. addressed the Council and requested to be
part of the City’s insurance team in order to assist the City with special
questions. He stated that he would represent
the carriers that staff chooses. Mayor
Randels questioned how his firm would be paid.
Mr. Petsos asked that Mr. Thompson’s request be reviewed by the City
Manager. Mr. Manny Mancuso of Comp
Benefits replied to Mayor Randels that typically no employee would refuse a
plan that is without expense.
Mr. Boucher informed that the Cape Canaveral Fire
Department has transferred to the Health First Network and the City of Cocoa
Beach also expressed their satisfaction with their continuing contract with the company. Mr. Petsos expressed that he did not want to
see the employees lose their present physicians. Mr. Dean Brombacher replied that he would
assist to gain those physicians in the network who are not currently a part of
Health First.
A
motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Award the
Request for Proposal No. 06-06 for Group Health Benefits to Health First Health
Plans and Comp Benefit, Inc. The vote on the motion carried 5-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For.
12. Motion to Approve: Interlocal Agreement for Traffic Signal
Maintenance with
Mayor Randels explained this as an Interlocal
Agreement for Maintenance for three traffic signals in the City. Mr. Ed
Gardulski stated that the Agreement creates a five-year extension of the
existing contract.
A
motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the
Interlocal Agreement for Traffic Signal Maintenance with
13. Motion to Approve: Interlocal Agreement with
Mayor Randels explained that the County is currently
authorized to maintain
Mr. Petsos stated that continued discussion between
the City and County staff was needed. Mr.
Boucher stated that he would welcome discussion with the new District County
Commissioner. Mr. Nicholas pointed out
that any further delay would continue to increase the paving costs. Mayor Pro Tem Hoog questioned if each road
required a separate agreement. Mr. Petsos stated that the City would accept
roads that need tax payer funding to repave.
He replied to Mayor Randels that the Council agreed to accept the roads
after they were re-paved. Mayor Randels noted that although the City sets aside
funds for paving; the cost of paving exceeded the set aside funds. Discussion followed on the City’s acceptance
of the roads and then paving them.
Mr. Harry Pearson,
A
motion to Amend the Main Motion was made by Mr. Bruns and seconded by Mr.
Nicholas to
A
motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve
the Interlocal Agreement with Brevard County for the Transfer of N. Atlantic
Avenue and Central Boulevard as Amended. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For.
A
motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog Directing the
City Manager to Return to the County and Request an Increase on the Road Paving
Costs. The vote on the motion carried
5-0 with voting as follows: Mr. Bruns,
For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor
Randels. For.
14. Motion to Approve: Appointing Two Members to the “North Beaches
Coalition Advisory Board” and a Voting Delegate and Alternate to the Brevard
Metropolitan Planning Organization.
Mayor Randels expressed an interest in serving on
the North Beaches Coalition Advisory Board and as the Chair moved to nominate Mayor
Pro Tem Hoog since elected officials were asked to serve. Mr. Petsos asked to
be kept apprised of the elected and advisory issues.
A
motion was made by Mayor Randels and seconded by Mr. Nicholas to Approve
Appointing Two Members to the “North Beaches Coalition Advisory Board” The vote
on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels. For.
Discussion continued on the voting delegate and an
alternate to the Brevard Metropolitan Planning Organization [MPO]. Mr. Petsos stated that the Council should
seek an interested resident to serve.
However, a member of Council was required to serve as an elected
official. Mr. Boucher informed that the Advisory
Board should be in place by the end of the month. Mr. Petsos expressed his interest in serving
as an alternate member. Council could
also select a citizen to serve. Mr.
Boucher stated that he served on the Technical Advisory Committee of the
Brevard MPO. He informed that he would
seek out an interested party.
ORDINANCES:
First Public Hearing:
15. Motion
to Approve: Ordinance No. 16-2006;
Adopting a New Cable Franchise Agreement with Bright House Networks, LLC, at
First
The title of Ordinance No.16-2006 reads as follows:
AN
ORDINANCE OF THE CITY OF
Mr. Boucher introduced Mr. Steve Luba, Director of
Government Relations for Brighthouse Networks.
Mayor Randels expressed a past concern under Item 16.3(d) that stated
that Franchise shall provide free services to several public facilities such as
Mr. Petsos expressed concern with the 10-year term
should new technology arise. Mr. Luba
explained that Brighthouse makes a decision to upgrade services countywide and services
are market driven. The Agreement is
governed under the FCC. Mr. Luba referred to Page 25, Section 16.2(d) and
repeated in 16.3(b) which reads that Space Coast Government Television was the
primary access channel for government television in
Ms. Evelyn Brown, of 121 Majestic Bay, referred to
the cable lines dangling behind the units from the previous mobile home park and
asked if the City would ask the cable company to maintain the discontinued lines. She expressed her concern over liability as a
homeowner. Mr. Luba stated that he would
meet with the City Manager and identify the service locations. A resident of
A motion was made by and seconded by Mr. Bruns to Approve Ordinance No.
16-2006 at First
16.
Motion to Approve:
Ordinance No. 17-2006, at First
Mayor
Randels read Ordinance No. 17-2006 by title.
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA; AMENDING CHAPTER
110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES
AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION
OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING
FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF
SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES
DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY
WILL BE PROMOTED AND ENHANCES; PROVIIDNG FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Mr. Boucher explained that
the Council would discuss this ordinance prior to the subsequent ordinance on
the moratorium. Mayor Pro Tem Hoog asked
why a duly held public hearing was necessary prior to a resident rebuilding a
home already in existence. Attorney Garganese explained that many cities have a
standard non-conforming use provision that do not address specific
circumstances. This would allow for
discussion in a public forum. Attorney
Garganese stated that the Council could add a provision that stated, “If a
single-family dwelling unit exists as a non-conforming use, then the
non-conforming use would continue as a matter of right unless the property is
abandoned.”
Attorney Garganese stated
that “dwelling unit” would become the point to address. Mayor Pro Tem Hoog expressed that not all
persons whose home was destroyed should have to come before the Council to
obtain permission to re-build their homes.
Attorney Garganese re-stated that “dwelling units” would cover that
point. He advised on the attempt to write a non-conforming use and structure
ordinance to address every scenario on the subject. He replied to Mayor Randels
that this would allow the Council to address certain circumstances. Mayor
Randels cited where the City Council could grant an extended time to rebuild a
structure.
Attorney Garganese affirmed
to Mr. Bruns that this ordinance would affect the following ordinance making
some dwelling units on the State Road A1A corridor non-conforming uses. He
stated that he would add language to provide a special provision for dwelling
units. Mr. Petsos asked for
clarification if this ordinance would allow for grandfathering-in the vacation
rental uses. Attorney Garganese responded
that Council would want to address amortization on the resort rental issue separately.
Council would set the parameters for resort rentals within the parameters of
that ordinance. Mr. Boucher asked, in
light of the dwelling unit discussion, if any Council passed a subsequent law
that makes a dwelling unit non-conforming, then any new ordinance would need to
address the dwelling unit issue.
Attorney Garganese explained that a dwelling unit applies to where
someone lives not a rental unit. Mayor
Randels replied to Mr. Ray Osborne that this ordinance had no impact on the
Department of Community Affairs ruling on the Coastal Construction Control Line
rebuilding.
A motion was made by Mayor Pro Tem Hoog and seconded
by Mr. Bruns to Approve Ordinance No. 17-2006 at First
ORDINANCES:
Second Public Hearing:
17. Motion to Adopt: Ordinance No. 11-2006, at Second
Mayor Randels read Ordinance No. 11-2006 by title.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING
THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING
DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION
110-334(C)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION
RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE A1A HIGHWAY CORRIDOR AS
DEPICTED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr.
Petsos pointed out that the City Attorney added language and a map that
clarified any concerns from the previous meeting.
There was no public comment.
A motion was made by Mr.
Nicholas and seconded by Mr. Petsos to Adopt Ordinance No. 11-2006 at Second
RESOLUTION:
18. Motion to Adopt: Resolution No. 2006-43; Approving Final
Replat of Beachside Townhomes, Phase II, Lot 13, Block 5, Avon-By-The-Sea
Located on the North Side of Adams Avenue, Applicant John Johanson.
Mayor Randels read Resolution No. 2006-43 by title.
A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING
THE FINAL REPLAT OF “BEACHSIDE TOWNHOMES”; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels clarified the property address as 502
and
Mr. Ray Osborne asked if an
archeological study was performed. Mayor
Randels stated from the report that there were no known archeological resources
on the site. Mr. Todd Peetz, City
Planner, informed that the City used the Florida Master Site File. He informed that currently there were no
identified historical homes on the plat.
Mr. Peetz explained that if there were any such archeological findings,
it would be the property owner’s responsibility to inform the authorities. Mr. Osborne noted that in a previous meeting
he had asked that the developers photograph any historical findings.
A motion was made by Mr. Petsos and seconded by Mayor
Pro Tem Hoog to Adopt Resolution No. 2006-43 Approving the Final Replat of
Beachside Townhomes. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For.
DISCUSSION:
19.
Mr. Boucher explained that the Council’s task was to
decide on the designated locations for the signage. Mayor Randels explained how the proposed signs
would direct visitors to various sites.
Mr. Bruns expressed his opposition to the signs. Mayor Randels affirmed for Mr. Nicholas that
the signs conform to the City’s code.
Mr. Morley informed that the City sign code does not allow for any signs
in the right-of-way. Mr. Nicholas stated
that he too did not want the signs in the City.
Mr. Petsos stated that he failed to see the benefit. The City Manager
would convey the Council thoughts.
REPORTS:
1. City Manager
·
Mr.
Boucher reported on the Planning and Zoning Board recommendation on the proposed
ordinance for vacation rentals that
disallowed rentals in units of four units for less than 90 days and a one-year amortization
schedule. Mr. Boucher informed that he
was contacted by the Coalition for Property Rights. He stated for the record
that as of yesterday there were only six licensed properties with the
Department of Business and Professional Regulations [DBPR]. Discussion followed on State licensing
regulations. Mayor Randels explained
that the DBPR regulates the condominiums through its bylaws.
Mr.
John Johanson, of
Mr. Glen Petit stated that his condominium was 50 percent rental property.
Mr. Bruns explained that the City could not interfere with the condominium by-laws
which were self-regulating. Mr. Petit
requested an expansion to more than four units.
Attorney Garganese replied that he could provide further research. Mayor Randels concluded that the Building
Official would confer with a representative from DBPR to address the issue.
·
Mr.
Boucher reported that Attorney Rick Torpey for Coastal Fuels, LLC, requested to meet with the City Council on Thursday, October 26th. Council agreed to meet that day at 5:00 P.M. Mr. Boucher recommended meeting at the
Library.
·
Mr.
Boucher reported that he would meet with three groups regarding the road construction costs.
·
Mr.
Boucher reported that there were no telephone
complaint calls on Waste Management for Monday’s pick-up.
·
Mr.
Boucher commended the City Clerk on the RFP
for Group Health Benefits proposal and questionnaire.
·
Mr.
Boucher reported on the results of
2. Staff
Building
Official
·
Mr.
Morley reported on the status of Code
Enforcement. He reported that a Recreational
Vehicle camping site started as a mobile vacation rental. Code Enforcement sent
out notices and would monitor future activity.
·
Mr.
Morley reported on the identification of
liquefied petroleum storage. He posed
if Council would prefer this storage as an unlawful or a conditional use.
City
Clerk
·
Ms.
Stills announced that due to Dexter
Rogers’ withdrawal from City Council candidacy, Ms. Shannon Roberts was now
an unopposed candidate. The only item for
the ballot was the referendum question.
City
Attorney
·
Attorney
Garganese reported that he would like to conduct a Council member workshop on Sunshine Law, Public Records and
Council/ City Manager form of government.
·
Attorney
Garganese also reported that he informed Ms. Roberts, as Council-elect, that the
Sunshine Law applies to her.
AUDIENCE TO BE HEARD:
·
Mr.
Glen Petit informed on a serious health
and safety hazard. He stated that Waste
Management deposits hydraulic fluid, liquid from unpleasant waste and paint
spills on the premises.
·
Mr. Petit
also informed that residents are charged
a $60 per month “caster” fee. He
stated that this fee is not in the City solid waste contract and he asked the City
Attorney investigate the matter. Mr.
Boucher informed that that driveway was pressured cleaned on September 22nd.
·
Mr. Moe
Ledoux, President of Treasure Island Club Condominium Association, stated that
he contacted several other Association presidents and received responses from
others who experience poor service from
Waste Management. Attorney Garganese
stated that the firm could be subject to liquidated damages until the firm
performs on the contract. Mr. Nicholas
encouraged Mr. Petit and Mr. Ledoux to call Mr. Boucher’s office with their
concerns. Mr. Petit invited Mr. Boucher to view their operations.
.
3. City Council
Mr.
Bruns
·
No report.
Mr.
Nicholas
·
Mr. Nicholas requested the smaller 64-gallon CART containers.
Mr.
Petsos
·
Mr. Petsos asked for assistance to the Business and
Cultural Development Board and requested that the Board understand that the
City is a residential community and not a resort town.
Mayor
Pro Tem Hoog
·
No report.
Mayor
Randels
· No report.
ADJOURNMENT:
There
being no further business, the meeting adjourned at 10:00 P.M.
__________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK