CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
December 5, 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 Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon
Roberts
Others Present:
City Manager
City Clerk Susan Stills
City Treasurer Andrea
Bowers
Building Official Todd Morley
Public Works Director Ed
Gardulski
Stormwater Administrator Jeff
Ratliff
PRESENTATION:
Mayor Randels stated the
completion of the 30 percent design task for the
Mr. Smith responded to Mayor
Pro Tem Hoog that the firm was seeking decorative concrete to deter any ongoing
maintenance problems. Mayor Pro Tem Hoog
expressed favor with the brick pavers installed in the
The Chair proceeded to Items 13
and 14 of the Agenda based on Council’s favor with the 30 percent project.
13. Motion to Approve:
Ms. Roberts stated
her observation that the residents in the
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Ridgewood Avenue Beautification Project – Final Construction
Documents Phase in the Amount of $46,175.
The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
14. Motion to Approve:
Mayor Randels
explained how this change order would extend the project two blocks north of
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to
Approve the
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of November 21, 2006.
2. Resolution
No. 2006-49; Reappointing a Regular Member to the Construction Board of
Adjustment and Appeals. (Thomas Quinn).
3. Resolution
No. 2006-50; Appointing a Regular Member to the Business & Cultural
Development Board (Joanne Muncey).
4. Inmate
Labor Contract with the Florida Department of Corrections.
5. Outdoor
Entertainment Permit for Eleventh Annual Reindeer 5K Run/Walk for United Way of
6. Approval
of Employee Christmas Bonus.
7. Proposal
for Concrete Repair Work in the Amount of $10,750 by Mudrak Engineering and
Construction.
8. Amendment
to the Collective Bargaining Agreement with the International
Mayor Randels asked if any member of Council, staff
or interested parties desired to remove any of the Consent Agenda items for
discussion.
Mayor
Pro Tem Hoog requested to remove Item No. 4 for discussion.
A motion
was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Consent Agenda
Items No. 1, 2, 3, 5, 6, 7 and 8. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
4. Inmate
Labor Contract with the Florida Department of Corrections.
Mayor Pro Tem Hoog questioned the $5,500 increase over
last year’s contract. Mr. Boucher explained
that the cost increased by the law enforcement officer’s salary, benefits,
training, uniforms and technology used.
Mayor Randels clarified that the actual cost increase was $3,400. Mayor Pro Tem Hoog stated that there was no
cost comparison provided on the difference from the previous year’s
contract. Council requested that Mr. Gardulski provide more information on the
reason for the increase.
ORDINANCES:
Second Public Hearing:
9. Motion to Adopt: Ordinance No. 19-2006, at Second
Mayor Randels read
Ordinance No. 19-2006 by title.
An
Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110,
Zoning, of the Code of Ordinances; Clarifying the Intent of the R-1, R-2 and
R-3 Residential Zoning Districts; Defining the Term "Transient Commercial
Use;" Prohibiting Transient Commercial Uses in the R-1, R-2 and R-3
Residential Zoning Districts for Single Family Dwellings or Multiple Family
Dwellings with Four (4) or Less Units for Periods of Less than Ninety (90)
Consecutive Calendar Days; Establishing a Grandfathering Provision for Certain
Transient Commercial Uses in Residential Zoning Districts Based on Certain
Existing License and Tax Factors Specifically Enumerated Herein and Whether
Such Use Was in Existence on
Mayor Pro Tem Hoog
requested to table the item for further discussion between the Council and the
Planning and Zoning Board. Mr. Petsos
asked for clarification from the City Attorney on the provision of an effective
date of November 21st to obtain licensing. Attorney Garganese advised that the longer
the Council extended from the November 21st date, they would need to
revisit the subject. Mr. Petsos reminded
that the City Clerk would schedule a workshop meeting some time in January for
the Council and the Planning and Zoning Board.
Mayor Pro Tem Hoog
stated that uncertainties still remained on Council’s intent with the
ordinance. Mr. Petsos stated that much
misinformation was distributed and it was important for the residents to know that
the Council was discussing a direction from a residential community to a resort
town. Mr. Nicholas expressed that
discussion had been ongoing for over a year.
Ms. Roberts concurred with the motion to table based on feedback from the
community. She expressed that the City’s
direction was a concern. Ms. Roberts
asked the City Attorney if a Second Reading would be necessary should
discussion continue into the month of February.
Attorney Garganese explained that if the Council chose to impose a
moratorium he could prepare one for the first Council meeting in January.
Mr. Nicholas
clarified that Council had previously discussed a workshop meeting with the
Planning and Zoning Board to establish Performance Standards for Homeowners. Mayor Pro Tem Hoog stated that he hoped to obtain
extensive legal advice before proceeding with the ordinance. He related that he was in favor of regulation
and referred to a nuisance ordinance that existed in
A motion was made by Mayor Pro Tem Hoog and
seconded by Mayor Randels to Table Ordinance No. 19-2006. The vote on the motion carried 4-1 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
10. Motion to Adopt: Ordinance No. 20-2006, at Second
Mayor
Randels read Ordinance No. 20-2006 by title.
An Ordinance of the City of Cape Canaveral,
Florida; Amending Chapter 86,
Concurrency Management System; Establishing Article II of Chapter 86,
Implementing a Proportionate Fair Share Mitigation Program Related to
Transportation Facility Impacts Pursuant to the Requirements of Florida Law;
Making Conforming and Miscellaneous Amendments; Providing for the Repeal of
Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code;
Severability; and an Effective Date.
Mayor Randels
explained that the ordinance originated through Florida Statutes Chapter 163
that would provide funding through a proportional fair share to install
necessary roads. Ms. Roberts referred to
page four of Section 84 and she questioned the implication of an Interlocal
Agreement. Todd Peetz, City Planner,
explained that the Port, which is a separate entity, could voluntarily enter
into an Agreement with the City on transportation issues; however they are not
required to do so. Mr. Peetz replied
that
There was no public comment.
A motion was made
by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 20-2006
at second reading. The vote on the
motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
11.
Motion to Adopt: Ordinance No. 21-2006, at Second
An Ordinance of the City of
Andrea Bowers, City
Treasurer, explained that the ordinance solidified all previous quarterly transfers
and material changes up to this point. She noted very little change in the last
quarter. Ms. Bowers reported that the
aerial truck loan from the General Fund was paid off during the year and
trade-in cost carried over to the new truck.
Mayor Pro Tem Hoog stated how impact fees were not adequate for the
vehicle purchase. Ms. Bowers explained
to Ms. Roberts that the Building Official reviewed the trend in building
permits to provide the data and building permits applications declined. She stated that building permit projections
were more conservative for the upcoming year.
Ms. Bowers concluded that Council has historically been fiscally
responsible to the taxpayers.
There was no public comment.
A motion was made by Mayor Pro Tem Hoog and
seconded by Mr. Petsos to Adopt Ordinance No. 21-2006 at second reading. The vote on the motion carried with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Randels, For and Ms. Roberts, For.
CONSIDERATIONS:
12. Motion to Approve:
Mr. Gardulski
explained that the Beautification Board proposed a gazebo for the
Mr. Petsos pointed
out the number of private property signs that might lead to the public
perception that the park is private. He requested a City park sign. John Pekar, City Engineer, suggested seeking
grant funds for stormwater education signage.
Ms. Roberts suggested a sign on State Road A1A directing traffic to the
park.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
the
15. Motion to Approve: Proposal from UCF – Institute for Social and
Behavioral Sciences, Department of Sociology to Conduct a Business Survey in
the Amount not to Exceed $8,000.
Mayor Randels noted
that this Survey would follow the previously performed resident survey. Mayor Pro Tem Hoog expressed the benefit of
knowing the local business person’s concerns.
Ms. Roberts asked if the Board would address business categories, such
as home based, retail or restaurants, for a quantitative approach.
John Anderson, Business
and Cultural Development Board Chairperson, affirmed and stated that the
businesses in the community provide multiple benefits through employment, tax
revenues and services. He stated that
the Board’s objective was to create a local businesses profile. Mr. Anderson stated that the Board was also
interested in finding out if businesses intended to expand or if new businesses
planned to establish in the community.
He responded to Ms. Roberts that newspaper publicity and the City web
site would provide for notification of the survey to the businesses. He also
replied that the survey feedback would provide timely information toward the
upcoming Comprehensive Plan review.
Mr. Nicholas expressed
his anticipation of seeing other businesses in the City. He pointed out that
the local strip malls provided a place for smaller retail shops. Mr. Anderson expressed the Board’s intent to
cross-populate the results of this survey with the previous residential
survey. He stated that some previously
uncounted persons may be identified and would provide additional
information. Mr. Nicholas stated that
the City has a number of home-based businesses and expressed the desire to have
their information added to the survey.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve the Proposal from University of Central Florida – Institute for Social
and Behavioral Sciences, Department of Sociology to Conduct a Business Survey
in the Amount not to Exceed $8,000 The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
16. Motion to Approve: Annual Evaluation of Waste Management.
Mr. George Geletko
General Manager of Waste Management reviewed the City Manager’s Evaluation of
the firm and stated the following: a
direct mailing was sent to each resident; however he noticed that the material that
was given along with the containers was deposited in the trash. He noted for future reference that the “Common
Sense Tips” and the dates of service would be listed on the containers. Mr. Geletko informed that 3,000- 4,000,
64-gallon carts were purchased; however, they were distributed quickly. He noted that additional 64-gallon carts
would be available by January 21st.
Mr. Geletko replied
to Mr. Nicholas that there were 5,000, 96-gallon carts left after county-wide
distribution. Mr. Nicholas stated that he attempted to obtain a 64-gallon cart
for six months since the 96-gallon container distribution. Mr. Geletko said that in the future the
townhomes would receive one 64- and one 96-gallon container. He stated that the
company received many calls that two 96-gallon carts were too large. Mr. Nicholas stated his disapproval with the
cart system. He related that he received
feedback that the trucks were still performing a manual operation. Mr. Terrence Youmans, District Manager,
stated that two side-load trucks would begin pick-ups in the future. Mr. Geletko stated that when people call for
pick-ups, service occurs within 72-hours.
Mr. Nicholas concluded that residents need clarity on the pick-up
schedule.
Mayor Randels stated
that much of the problem originated from the residents in not understanding how
to apply the schedule. Mr. Geletko
informed that the company planned to perform a survey in February. He noted
that the company received a 33 percent return in his most recent survey. Mr. Geletko stated that he believed that 91
percent of the respondents endorse the program.
Mr. Nicholas noted that it was one year or more since a dumpster
enclosure was repaired. Mr. Geletko
asked for the contact information to personally address the problem.
Mr. Youmans stated
that the program was new however the firm worked well with the City staff, re-optimized
its logistics and routes, and utilized its staff to address complaints and was committed
to a 24-hour turnaround to address complaints.
Mr. Youmans explained the company mission as safety first, service and
meeting people’s needs. He informed that
one of the two new vehicles would service the area. Mayor Randels noted inferior wheels on the
carts. Mr. Geletko replied that the
drivers carry extra wheels to make repairs during their pick-ups.
Mayor Pro Tem Hoog
expressed to see the company make pick-ups of items left behind for several
days. Mr. Youmans explained how the
driver creates an internal ticket to address any debris left behind. He informed that Mr. Darius Jones, Managing
Supervisor, was primarily responsible for any issues from the dispatched
internal ticket through to point of customer satisfaction. Mr. Petsos suggested that the firm re-submit its
information on how to use the containers during its proposed survey in January. Mr. Geletko replied how most information was
discarded and people still placed green waste at the sidewalk without a
container.
Mr. Petsos questioned
the status on recycling using one bin.
Mr. Geletko replied that it was merely a matter of configuring the
equipment and expanded recycling could begin in January to include telephone books,
magazine, food boxes and junk mail. Mr.
Geletko informed that the full program would not reach that point until
approximately 2010 in order to distribute the capital cost of approximately $57
million over four years. He also
informed that the new trucks would replace the older vehicles. Mr. Geletko affirmed for Mayor Randels that
no rate increase would occur. Jeff Ratliff, Stormwater Administrator, requested
that the company be cognizant of the stormwater inlets that were costly to
replace and recommended that the drivers make a wider turn.
Ms. Roberts referred
to the truck leaking hydraulic fuel. Mr.
Youmans replied that the truck in question was removed from primary route
collection. Mr. Bill Campbell noted that
on
6 A.M.
No action was taken on this item.
17. Motion to Approve: Change Order Request for the Preliminary
Design of the Buchanan/Orange Avenues Drainage Project in the Amount of $8,500.
Jeff Ratliff,
Stormwater Administrator, informed of a miscalculation and addressed the
validity of the request. The City Engineer was present for any technical
questions. Mr. Ratliff stated that the
City’s Engineers completed the construction drawings for the
He explained that the original project that was inclusive of
Mr. Ratliff stated
that the City Engineer had some new ideas to address the inlets at
Mr. Nicholas stated
that the system was installed in the mid- 1960’s and he questioned if there were
other drainage problems as well. Mr. Pekar
affirmed that there were many older lines throughout the City that would be
identified through the Geographical Photographic System. Mr. Pekar replied that due to the smaller
line culverts, slip-lining was not feasible.
He stated that the City standard was a 10-year design for storms, for
example, a 10-year year frequency for a 24-hour storm which equates to a 7.9
inch storm. Mr. Ratliff stated that the system in the
Presidential streets, built in the early 1960’s had little problem with
flooding. He commented on the intent to
televise many lines to identify potential problems. Mr. Pekar stated that a proactive measure
toward water quality helped to divert tons of pollutants from the
Mr. Ratliff noted that
Council did not approve the previous cost of $7,924 for Task IV.
He explained that there were two funding mechanisms: a Community Development
Block Grant (CDBG) available now and a Federal Emergency Management Act funds,
however availability was unknown. Mayor
Randels clarified that the FEMA funding, estimated at $193,000, would cover 75
percent of the project. Mayor Pro Tem
Hoog questioned a two Phase project and securing funds with no project timeline. Mr. Gardulski replied that
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
the Change Order Request for the Preliminary Design of the Buchanan/Orange
Avenues Drainage Project in the Amount of $8,500. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For;
Mayor Randels, For and Ms. Roberts, For.
18. Motion to Approve: Proposal to Update the Redevelopment Plan by
Miller Legg in the Amount of $6,935.
Mr. Boucher stated
that the request needed fund appropriation.
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve
the Proposal to Update the Redevelopment Plan by Miller Legg in the Amount of
$6,935. The vote on the motion carried
5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr.
Petsos, For; Mayor Randels, For and Ms. Roberts, For.
REPORTS:
1.
City Manager
·
Mr.
Boucher reported on a breach in the
upper decking of City Hall roof above
the Finance Department that caused a major leak. The structural engineer requested to be on
site when the roofing membrane is removed to identify the extent of the
damage. Mr. Petsos recommended an
infrared inspection to identify the extent of water absorption. The Building Official agreed on the benefit
of an infrared inspection. Mr. Morley
pointed out that there were three bids and he recommended Rick Callahan Roofing
at a price of $19,500. The roofer would perform a torched down system. He explained that the City Hall roof would be
pitched seven inches at one end and zero at the other to assist drainage. Mr. Morley noted that the air-conditioning
would be elevated from the roof deck which was a code requirement. He explained further how the roofers would install
a metal covering across the parapet walls.
He stated that he was seeking a separate bid for the air-conditioning
unit.
He stated that the second bid was for $35,000,
and a final verbal bid, a hydro-stop system of liquid applied epoxy with roofing
mat fabric over that and three continuous successive coats of liquid epoxy over
that, still using the pitch system, at $27,030.
Mr. Morley and Mr. Gardulski affirmed that the roof was replaced ten
years ago. Mr. Morley affirmed to Mayor
Pro Tem Hoog that no mold was present in the duct work. Mr. Boucher reported that an environmental
group performed mold remediation on all offices in 2004 after which the window
sills were replaced. Mr. Boucher replied
to Mr. Petsos that ServPro performed a moisture meter check. Mr. Morley replied to Ms. Roberts that the
second bidder was from
A motion by Mr. Petsos and seconded by Mr.
Nicholas for an Add-On Item to the Agenda to Award the Bid to Replace the City
Hall Roof. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve the Building Official’s Recommendation for
Rick Callahan Roofing to Replace the Roof on City Hall in the Amount of $19,500. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For;
Mayor Randels, For and Ms. Roberts, For.
·
Mayor
Randels asked if Mayor Pro Tem Hoog desired to attend the
·
Mr. Boucher
announced that the Space Coast League of
Cities Dinner for December would be held at the NCO Officer’s Club on
Monday, December 11th. The
City’s gift recipient would be the City of
·
Mr.
Boucher asked if Council would be available for the meeting on December 19th. Council affirmed that they would hold a Council meeting on December 19th.
·
Mr.
Boucher reported that 215 people were pre-registered
for the Annual Reindeer Run on Saturday, December 9th at
·
Mr.
Boucher thanked staff for their assistance with the roofing issue
2.
Staff
Mr. Gardulski
·
Mr.
Gardulski reported that sea oats
were ordered and should be delivered by February 10th.
·
Mr.
Gardulski also reported that the sand
bypass would be ready this spring.
Building Official
·
No
report.
City Treasurer
·
No
report.
City Clerk
·
No
report.
City Attorney
·
Attorney
Garganese reported that a Response Brief
was filed to the Tripple J Investments litigation.
AUDIENCE
TO BE HEARD:
An
audience member asked if a vote was taken on Item 16. For the record, no action was taken on this item.
3.
City Council
Ms.
Roberts
·
Ms.
Roberts thanked staff for their
assistance with her City Council orientation process.
Mr.
Nicholas
·
Mr.
Nicholas questioned the validity of breakfast
being served at the Green Grocer on Saturday mornings. The Building Office would address this issue
at
·
Mr.
Nicholas reported on a dumpster at
Mr.
Petsos
·
Mr.
Petsos requested the return of bicycle
racks at the City’s beach end streets.
·
Mr.
Petsos reported that people are parking second
vehicles on the newly installed sidewalks. The City Manager noted that this
is an illegal action.
Mayor
Pro Tem Hoog
·
Mayor
Pro Tem Hoog requested action on the street
light at
Mayor
Randels
·
Mayor
Randels acknowledged Mr. Petsos and Mayor Pro Tem Hoog as the new President and
President-elect of the
·
Mayor
Randels reported that the Friends of the
Library netted $3,118 at their recent book sale. All remaining books were taken to the Sharpes
prison.
·
Mayor
Randels also reported that he spoke to Barbara Myers and there were State level grants available for sidewalks
to accommodate pedestrians who walk to the schools. Ms. Myers would assist the City with this
effort.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:04 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________