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Home My WebLink AboutMinutes 09-22-2015CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 22, 2015 5:30 PM MINUTES CALL TO ORDER: Mayor Pro Tern Hoog called the Meeting to Order at 5:30 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 Mayor Rocky Randels (arrived 5:32 p.m.) Council Members Absent: Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kim Kopp 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 Joyce Muse Public Works Services Deputy Director Jeff Ratliff Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: John Benton expressed concern over individuals living in storage units at the Space-Mann Mini-warehouse and his dissatisfaction with the Code Enforcement Process. Mayor Randels indicated the City Council would not take any action on this item. Mike Brown thanked Elected Officials and City Staff for their hard work and dedication. He introduced himself as a Candidate for City Council and provided details of his work history/civic involvement. City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 2 of 5 CONSENT AGENDA: Mayor Randels asked for items five and six to be removed from the Consent Agenda for discussion. He inquired if any other items are to be removed, to which a negative response was received. 1. Approve Minutes for Special City Council Meeting of August 7, 2015, Regular City Council Meeting of August 18, 2015 and Special City Council Meeting of September 8, 2015: 2. Approve Change Order #1 to Wm. Turnbaugh Construction, Inc., in the amount of $48,350.00 for the Adams Avenue Gap Sidewalk Project; and authorize the City Manager to execute the same: 3. Approve the preliminary plat for the purpose of developing the New City Hall Facility — 100 Polk Avenue: 4. Approve the amended Transportation Impact Fee Trust Fund Disbursement Agreement between Brevard County and City of Cape Canaveral for construction of complete streets improvements to North Atlantic Avenue and authorize the Mayor to execute the same: 5. Approve Application for Reduction or Satisfaction of Code Enforcement Lien, Case No. 10-00150, 7000-7008 N. Atlantic Avenue from $2,188.75 to $1,094.38: 6. Approve Application for Satisfaction or Release of Code Enforcement Liens, Case No. 12-00083, 8200 Canaveral Blvd, Unit 2-D from up to $92,850.00 to $10,000.00: 7. Resolution No. 2015-13; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date: 8. Resolution No. 2015-14; authorizing an agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for an effective date: 9. Resolution No. 2015-16; reappointing members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Douglas Raymond, Mary K. Russell, John Dattilo, Barry Schoenholz, Marlene Woodside and Marilyn Nicholas): A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Consent Agenda Items 1, 2, 3, 4, 7, 8 and 9. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 3 of 5 #5 — Discussion ensued and included: the details of the Code Enforcement Case; information presented by Mr. John Beasley; an urging from City Manager Greene to accept the recommendation of the Code Enforcement Board, which is also supported by Staff. A motion was made by Council Member Bond, seconded by Mayor Randels to approve the reduction of a Code Enforcement lien from $2,188.75 to $1,094.38. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. #6 — Discussion ensued and included: details of the Code Enforcement Case, that no one was present to answer questions, whether restitution was provided to the adjoining unit owners who were adversely affected by this violation, an urging from City Manager Greene to move forward with the lien reduction and for City Council not to get involved in private legal matters. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of a lien reduction from $92,850.00 to $10,000.00. The discussion continued and included: this is something the State Legislature needs to correct; an acknowledgement that the bank could not enter the property until the property was in their possession, however the length of time for repairs in this case was unacceptable; a suggestion to reduce the lien to $39,900.00 or $25,250.00 instead of $10,000.00; an urging from City Manager Greene to be mindful that the property is vacant, the lien amount is in excess of the appraised value, that the City has less expense than the recommended lien reduction and by approval of a lien reduction, Staff could spend time on other items; the lien reduction process and the prohibition to re-apply for a reduction for a year and the reiteration of several points from the case file. The motion failed 2-2 with voting as follows: Council Member Bond, Against; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Against; and Council Member Walsh, Absent. (See below for additional information) PUBLIC HEARING: 10. Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City Council Elections to fill Councilmember vacancies; providing for conflicts, severability, incorporation into the Code, and an effective date, second reading: Assistant City Attorney Kopp read the Ordinance title into the record. Mayor Randels provided an overview of the details which led to the Ordinance. The Public Hearing was opened. Brendan McMillin advocated for the adoption of the Ordinance. The Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of Ordinance No. 09-2015. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. 11. a. Resolution No. 2015-15, adopting a Final millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Assistant City Attorney Kopp read the Resolution title into the record, indicated this is the final adoption hearing for the millage rate, the rolled back rate is 3.5513 and the proposed rate is 3.5432 mills, which is less than the rolled back rate. Discussion ensued and included City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 4 of 5 that property owners may still see their tax bill increase because of a change in the assessed value of the property; that Homesteaded property is capped at CPI or 3% increase and commercial property is capped at 10%; compliments to Staff for the reduction in millage rate; great work of Staff, that Cape Canaveral is the only City that is going below rolled-back, to which a round of applause was given. No comments were received from the public. A motion was made by Mayor Pro Tern Hoog, seconded by Council Member Petsos, for approval of Resolution No. 2015-15. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. b. Ordinance No. 10-2015, adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016; providing for an effective date, second reading: Assistant City Attorney Kopp read the Ordinance title into the record. Mayor Randels noted the advertisement date and opened the Public Hearing. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 10-2015. Mayor Randels noted the Budget must be balanced and is $ 36,484,935.00 for Fiscal Year 15/16. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Mayor Randels explained the positive outcome (no deficiencies) of a random inspection of the Cape Canaveral Volunteer Fire Department and the two year contract with Brevard County Sheriff's Office. ITEMS FOR ACTION: 12. Approval of the Prismatic Branding Effort: Stephanie Darden thanked her dad Lyman, who previously lived in Cape Canaveral and thanked City Staff for all their work to complete this process. She reviewed the Brand Activation Proposal and showed the Brand Video. Discussion ensued and included: the team work that went into the Branding effort; the need for the brand to be fresh and welcoming; the tag line "The Space Between _ + _ "; a new website, which is budgeted; prior skepticism of whether this study would be shelved and the delight that Staff is already moving it forward; the belief this Project has opened the door to many opportunities; the possibility of an art contest for murals is well worth the effort; how the Project will be implemented beyond the website and the possibility of it being shown at the Exploration Tower. A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve the Branding Effort. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City Manager Greene explained an individual is now present for the Application for Satisfaction or Release of Code Enforcement Lien, Case No. 12-00083, 8200 Canaveral Blvd, Unit 2-D and requested the City Council re-consider the Item. A motion was made by Council Member Bond, seconded by Mayor Randels, to reconsider Item #6. The City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 5 of 5 motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Tina Adamson apologized for being late to the Meeting; she thought it started at 6:00 p.m. Ms. Adamson explained the struggles to get a competent contractor to complete the work; indicated the buyer is ready to close on Friday if the lien is reduced to $10,000.00 and noted leaving the property empty for another year does not benefit anyone. She explained the process used by Bank of America to assign the property to a realtor who will work with the firm, Safeguard, that sub-contracts to general contractors to make necessary repairs to the property. City Manager Greene urged for approval of the lien reduction. A motion was made by Council Member Petsos, seconded by Mayor Pro Tern Hoog, for approval of Staff/Code Enforcement Board's recommendation to reduce the lien to $10,000.00. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. REPORTS: Mayor Randels noted the birthday of Joyce Hamilton, for which she was congratulated. Council Member Bond thanked City Staff for their work on the Budget and indicated the next month and a half will be interesting because of the amazing set of candidates. Council Member Petsos complimented the Leisure Services Department on the Kite Festival. He noted the student population at Cape View Elementary is well over the projected number and is currently 428 students. Mayor Randels noted his attendance at a presentation where Carol Craig was recognized as the 2015 Entrepreneur of the Year; he apologized for being late to the Meeting and noted an opportunity for either of the two mayor candidates on September 28/29 to meet the New Secretary of Transportation; and noted his attendance at the Governor's dinner meeting on September 28, 2015. ADJOURN MENT: There being no further business, the Meeting adjourned at 7:14 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida