HomeMy WebLinkAboutMinutes 03-17-2015CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 17, 2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance. Mayor Randels wished everyone happy St. Patrick's Day and thanked those
in attendance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Economic Development Director Todd Morley
Community Development Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Charles Spercel thanked Council Members for their time and expressed concerns related
to the effects of the activities at Port Canaveral on City residents/traffic. He advocated
for a moratorium on gas stations and car rental/parking facilities. He expressed a desire
for high speed rail to reduce traffic and encouraged the City Council to work with the Port
Authority to lessen the impacts. He expressed his desire for the City to stay a
bedroom/beach community.
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City Council Regular Meeting
March 17, 2015
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Ava Errante spoke against additional gas stations and encouraged the development of a
park with certain amenities at the location where the gas station was proposed. Mayor
Randels suggested she visit Manatee Sanctuary Park where the amenities she listed
were already available.
Eric Braga presented a Land Planning Report that was submitted to the Board of
Adjustment (BOA) which he felt notes deficiencies in the City's Comprehensive Plan. Mr.
Braga encouraged Council Members to listen to the audio from the Planning and Zoning
Board Meeting and the BOA Meetings to see what the residents want in the City instead
of spending money on the Branding Initiative. Discussion ensued and included legal
reasons why Elected Officials did not attend the Meetings.
John Benton noted his presence at the December City Council Meeting where he
expressed concerns about Code Enforcement activity in the City and the City Council's
direction to meet with the City Manager. Mr. Benton indicated he met with the City
Manager; however, he felt the City Manager did not assist him with his concerns. City
Manager Greene indicated Mr. Benton was given clear direction on how to address his
concerns.
Suzanne Elliott thanked/congratulated the City for continuing to be named a Tree City.
She advocated for the creation of a park on the south side of the City.
PRESENTATIONS / INTERVIEWS:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2014 — Presentation by Bernadette Britz-Parker,
James Moore & Co.: Bernadette Britz-Parker thanked Staff for all their assistance during
the Audit and provided a summary presentation of the Annual Audit for Fiscal Year ending
September 30, 2014. Comments from the Council included: thanks to Staff; compliments
to James Moore & Co for a well written report; the decline in tax revenue since 2007; that
the Report is public information and will be posted to the City's Website, once accepted;
business growth which has assisted in lower millage rates. Charles Spercel questioned
the CRA, Capital Construction and Enterprise Capital Funds balance, to which Ms. Parker\
responded. A motion was made by Council Member Walsh, seconded by Council
Member Petsos, to accept the Annual Audited Financial Statements and
Independent Auditor's Report for Fiscal Year ending September 30, 2014. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
Proclamation designating May 2015 as "Motorcycle Safety and Awareness Month": Mayor
Randels read the Proclamation into the record and presented same to Suz Skinkle.
Proclamation designating April 7, 2015 as National Service Recognition Day in the City of
Cape Canaveral: Mayor Randels explained the purpose of the Proclamation and declared
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City Council Regular Meeting
March 17, 2015
Page 3 of 5
April 7, 2015 as National Service Recognition Day. He encouraged residents to recognize
the positive impacts of service and to thank those who serve/find ways to give back to the
community.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Item Two was withdrawn by Council Member Petsos.
1. Approve Minutes for Regular City Council Meeting of February 17, 2015:
2. Award Contract for construction of 2.5 Million Gallon Reclaimed Storage Tank and
WRF Filter Press Addition to Florida Design Contractors in the base bid amount of
$4,048,000 and authorize the City Manager to execute the Agreement:
3. Approve the Sole-Source purchase and installation of an Aqua Guard bar/filter
screen from Parkson Corporation in the amount of $158,454 and authorize the City
Manager to execute the Contract:
A motion was made by Council Member Petsos, seconded by Council Member
Bond, to approve Items One and Three. Rebecca Rowe asked for clarification on Item
Three and Mayor Randels withdrew same. The motion and the second were amended
to approve Item One. The amended motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
#2 City Manager Greene explained the acquisition of grant funds to reduce the project
cost and an anticipated change order to further reduce the cost by not installing pilings
under the tank. He explained the need to store the reclaimed water; how it will reduce
outflow of wastewater to the river and receive TMDL credits for same.
#3 Mayor Randels explained the need for a bar/filter screen and why it is a Sole
Source purchase.
A motion was made by Council Member Bond, seconded by Mayor Pro Tem Hoog,
to approve Items Two and Three. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARINGS:
4. Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, second reading: Attorney
Garganese read the Ordinance title into the record and explained its purpose. Mayor
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City Council Regular Meeting
March 17, 2015
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Randels noted the first reading of the Ordinance occurred on February 17, 2015; the
advertisement was in the newspaper on February 19, 2015 and opened the Public
Hearing. Rebecca Rowe asked about the collection of Electronic Waste to which Mr.
Greene indicated Public Works Services Deputy Director will contact her for further
discussion. Debbie Sanchez asked about recycling. City Manager Greene indicated
Solid Waste Collection information is on the City's Website. A motion was made by
Council Member Petsos, seconded by Council Member Walsh, for approval of
Ordinance No. 04-2015. The motion carried 5-0 with voting as follows: Council
Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
5. Consider Application for Reduction or Satisfaction of $77,850.00 Code
Enforcement Lien, Case No. 11-00040, 8652 N. Atlantic Avenue: The Applicant was not
present. Discussion included: the recommendation from the Code Enforcement Board
and City Staff; a reduction in the Lien would allow for the sale/occupancy of the property;
that the property is valued less than the Lien amount; the resolution of the violations; the
desire of some Council Members to amend the Code to make more impact on properties
with violations; details of the Code Enforcement Case; and that the Applicant is the legal
owner at this time. A motion was made by Council Member Petsos, seconded by
Council Member Bond, to accept the Code Enforcement Board and Staff's
recommendations to reduce the fine to $10,000.00. The motion carried 5-0 with
voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
6. Resolution No. 2015-02; supporting the State Legislature's efforts to amend
Florida Statute Section 403.7033, to provide for local regulation and enforcement of
plastic bags under the State's proposed guidelines; alternatively, should the Statute not
be amended, the City Council requests the repeal of Florida Statute Section 403.7033,
so local governments are no longer preempted from enacting appropriate legislation
relating to the regulation of plastic bags; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date: Attorney Garganese read the Resolution
title into the record. Discussion included whether to adopt the Resolution or utilize the
City's Legislative Advocate to convey the City's concerns to the Legislature and whether
the Space Coast League of Cities has taken a position on the issue. Council consensus
was reached to have the Legislative Advocate speak to the Legislature. The
Resolution was not adopted.
REPORTS:
Council Member Bond thanked Public Works Services Deputy Director Lonnie Dunn for
the comprehensive tour of the renovations at the Wastewater Treatment Plant;
congratulated Financial Services on the clean Audit and noted a newspaper report
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City Council Regular Meeting
March 17, 2015
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regarding a 1/2 Marathon to which City Manager Greene indicated an Outdoor
Entertainment Application is being reviewed for same.
Council Member Walsh thanked City Manager Greene, Economic Development Director
Morley, Community Development Director Dickey, Public Works Services Director Ratliff
and Major Ring for attending a Membership Meeting at Villages of Seaport; noted
comments from residents opposing gas stations, car rental facilities, car parking lots and
U-haul facilities; explained the information provided for Council Meetings is on the City
Website. City Manager Greene explained the purpose of the Council Meeting is a
business meeting where the City Staff has prepared information to answer questions prior
to meeting. He advocated for Citizens to research items prior to the meeting and if
needed to contact Staff Members to obtain answers to questions. Eric Braga questioned
the City Manager's practice of forwarding e-mails to the City Council.
Mayor Pro Tem Petsos encouraged Citizens to read the information related to agenda
items which is posted on the City Website; noted comments from residents opposing gas
stations, car rental facilities and U-haul facilities. He handed out an ordinance adopted
by Cocoa Beach to regulate the number of fueling stations at convenience stores/gas
stations and advocated for a similar ordinance to be considered by the Planning and
Zoning Board then the City Council, to which Council Members indicated their agreement.
Mayor Randels presented Council Member Bond with a reusable bag from the City's 50th
Anniversary Celebration; noted that the City has been meeting in the Library Meeting
Room for more than five years; noted there are "make up" dates for the Ethics Training;
that he had read some interesting essays from Seventh Grade Students titled "If I was
elected Mayor" and shared the results of a study of Bus Stops for accessibility, where
Cape Canaveral was well rated.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:42 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
SEAL of Cape Canaveral, Florida