Loading...
HomeMy WebLinkAboutMinutes 04-21-2015CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY April 21, 2015 6:00 PM MINUTES CALL TO ORDER: Mayor Pro Tem Hoog, serving as the Chair, called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Council Member Betty Walsh Council Members Absent: Mayor Rocky Randels 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: Craig Kittleson addressed the renting of residential dwelling units that do not conform to City Code 110 - 487, which requires rental in a residential district be no less than 7 days. He described advertisements found on the internet and advocated for active enforcement of the City Code. Discussion ensued. No action was taken. City of Cape Canaveral, Florida City Council Regular Meeting April 21, 2015 Page 2 of 4 Gerald Mierle introduced himself as the new Commander of VFW Post 10131. He announced an event that includes "The Moving Wall Memorial" which honors individuals who died as a result of the 9-11 terrorist attack, Iraq and Afghanistan Wars. The event will be held on May 9th and 10th in the parking lot of the VFW along N. Atlantic Avenue. Suzanne Elliott thanked individuals who attended/supported the event to raise money for "Friendship Park". She indicated the "Friends of Friendship Park" raised enough money to hire a grant writer to obtain funding for a park on the south side of City, which will preserve the history of the community as well as the trees. She encouraged Council Members to get involved with the project and referred to an article in Florida Today. PRESENTATIONS / INTERVIEWS: Proclamation designating May 16, 2015 as "Kids to Parks Day": Mayor Pro Tem Hoog read the Proclamation into the record and encouraged individuals to visit a park. CONSENT AGENDA: Mayor Pro Tem Hoog inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meeting of March 17, 2015: 2. Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize execution of Engagement Letter: 3. Approve the Sole-Source purchase of two positive displacement blowers from Universal Blower Pac, Inc. in the amount of $43,615 and authorize the City Manager to execute the Contract: 4. Award contract for construction of Lift Station Nos. 6 and 7 Improvements to Atlantic Development of Cocoa, Inc. in the amount of $1 ,152,194.76 and authorize the City Manager to execute the Construction Agreement for same: 5. Award Sole-Source contract for rehabilitation of the stormwater pipe along West Central Boulevard to IPR Southeast, Inc. in the amount of $241,825 and authorize the City Manager to execute the Construction Agreement for same: 6. Approve Work Squad Contract WS917 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of $57,497 and authorize the City Manager to execute the Contract: 7. Resolution No. 2015-03; reappointing Members to the Board of Adjustment, Community Appearance Board and Construction Board of Adjustment and Appeals of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; City of Cape Canaveral, Florida City Council Regular Meeting April 21, 2015 Page 3 of 4 severability; and an effective date. (Arvo Eilau, Mary Jo Tichich, Randy Wasserman_, William Budesa and Geoff Goetz): A motion was made by Council Member Petsos, seconded by Council Member Walsh, to approve Consent Agenda items one through seven. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. ITEMS FOR ACTION: 8. Approve termination of Beach Access Easement between Seaport Oceanfront Condominium Association, Inc. and the City of Cape Canaveral and authorize execution of same: Mayor Pro Tem Hoog explained the request. Council Member Walsh declared a voting conflict, Form 8B attached hereto. Mr. John Benton asked for clarification of the location of the Easement, to which Mr. Hoog provided said location. City Manager Greene provided further explanation of reasons to vacate the Easement. A motion was made by Council Member Bond, seconded by Council Member Petsos, to approve the termination of the beach access easement and authorize execution of same. The motion carried 3-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Council Member Walsh, Declaring a conflict of Interest. 9. Award contract for Commercial Beach Mobile Cart Vending Service Operation Franchise. (a) Award contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to MAGEC, LLC for a provisional six- month period; (b) Authorize City Manager to execute agreement for same; (c) Authorize City Manager to extend agreement during ordinance development period without need for further City Council approval: Leisure Services Director Vergara explained the events which led to the Request for Proposal for Commercial Beach Vending. He showed videos of the motorized cart which is proposed to be used by MAGEC, LLC, which is prohibited by the City Code. City Manager Greene reviewed Staff recommendations, as listed on the Agenda. Discussion ensued and included: shaved ice and bottled water will be sold using biodegradable containers; the test period of the mechanical cart; the requirement for the Vendor to wear shirts; the information provided by Staff and where the motorized cart would access the beach. Consensus was reached to add the use of the Washington Avenue Emergency Beach access, which is not made of wood, as a condition of the Agreement. A motion was made by Council Member Walsh, seconded by Council Member Petsos, to Award contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to MAGEC, LLC for a provisional six-month period; authorize City Manager to execute City of Cape Canaveral, Florida City Council Regular Meeting April 21, 2015 Page 4 of 4 Agreement for same; authorize City Manager to extend Agreement during ordinance development period without need for further City Council approval and include the modification discussed this evening about the access point. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. REPORTS: Council Member Bond expressed his desire to resolve the Short-Term Rental problems. He urged for additional no parking signs at the Harbor Heights Beach End. He thanked Leisure Services Director Vergara and his Staff Members for the preparation of Manatee Sanctuary Park for the Space Coast League of Cities (SCLOC) Dinner. Council Member Walsh also thanked Staff for their support of the SCLOC Dinner. She congratulated the Sun Space and Sea Team and all other individuals who participated in the Relay for Life at Port Canaveral. She hoped for a cancer free future. Ms. Walsh noted positive comments received from residents in the Puerto Del Rio Condominium Complex related to Staff's hard work/outreach program for the Banana River Park improvement project. She spoke of the Rip Current Signs and hoped they could be posted at the private accesses to the beach in an effort to keep visitors informed. Ms. Walsh felt item number five would be a good project. Council Member Petsos commended Staff for all work and noted the Brevard County Sheriff's Office has been working on the parking issues at the Harbor Heights Beach End. He inquired if the Space Coast Transportation Planning Organization has provided any recent traffic counts. City Manager Greene indicated he was not aware of any new figures; however, he spoke of an upcoming Resolution to the Department of Transportation which would include the request for an updated traffic count. Mayor Pro Tem Hooq complimented Public Works Services Director Ratliff and Deputy Director Dunn for their work on their agenda items. Joyce Hamilton thanked Judy & Jim Hale and Council Member Petsos for their work on the Trash Bash. ADJOURNMENT: There being no further business, the Meeting adjourned . 6:43 P.M. Angela M. Apperson, MMC, Bob Hoog, Mayor Pro Tem City Clerk SEAL of Cape Canaveral, Florida FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- FIRST NAME- MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTTHORITY, OR COMMITTEE Walsh Betty City of Cape Canaveral Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF. 140 Seaport Blvd -CITY COUNTY OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBVSISION: Cape Canaveral, Fl Brevard DATE ON WHICH VOTE OCCURRED- 4/21/15 MY POSITION IS: ELECTIVE -X APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Betty Walsh , hereby disclose that on April 21----- , 2015 (a)A measure came or will come before my agency which(check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, X- inured to the possible special gain or loss of Seaport Oceanfront Condo Assoc ______, by whom I am retained; or inured to the special gain or loss of _____________, which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: I manage the Seaport Oceanfront Condo Assoc. 4/21/15 Betty Walsh Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2