HomeMy WebLinkAboutMinutes 09-06-2016 SpecialCITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 6, 2016
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:27 P.M. Council Member Bond
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Mike Brown
Mayor Bob Hoog
Council Members Absent:
Council Member Brendan McMillin
Mayor Pro Tem Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Interim Public Works Services/Community Engagement Director Joshua Surprenant
Brevard County Sheriff's Office Lieutenant Don Barker
Cape Canaveral Volunteer Fire Department Chief Dave Sargeant
Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham
PUBLIC PARTICIPATION: None
PUBLIC HEARING:
1. Resolution No. 2016-17; adopting a proposed millage rate for the levy of Ad Valorem
Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date: Mayor Hoog and City
Manager Greene briefly summarized Resolution No. 2016-17. City Manager Greene stated the
City Council will adopt the final millage rate later in September. City Attorney Garganese read
the Resolution title into the record. No comments were received during the Public Hearing. A
City of Cape Canaveral, Florida
City Council Special Meeting
September 6, 2016
Page 2 of 3
motion was made by Council Member Bond, seconded by Council Member Brown, to
approve Resolution No. 2016-17. The motion carried 3-0 with voting as follows: Council
Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member
McMillin, Absent and Mayor Pro Tem Walsh, Absent.
2. Ordinance No. 03-2016; 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, 2016, and ending
September 30, 2017; providing for an effective date, first reading: City Attorney Garganese read
the Ordinance title into the record. The Public Hearing was opened. No comments received and
the Public Hearing was closed. A motion was made by Council Member Brown, seconded by
Council Member Bond,to adopt Ordinance No. 03-2016.The motion carried 3-0 with voting
as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, Absent and Mayor Pro Tem Walsh, Absent.
NEW BUSINESS:
3. Authorize the City Manager to engage a Hearing Officer to consider the appeal to Variance
No. 2016-02 and make recommendations to the City Council: City Manager Greene explained the
circumstances surrounding Variance No. 2016-02 regarding the side yard setback at 127 Oak Lane
approved unanimously by the Board of Adjustment for applicant Sheropa, LLC and the appeal
requested by Mr. Bernard Lennon of 126 Oak Lane; Staff recommended City Council allow City
Manager Greene to engage the services of a Hearing Officer to hold a Public Hearing allowing
both parties to present evidence and viewpoints pertaining to the Variance decision. City Manager
Greene stated that, due to allegations and concerns that have been addressed to the City Council
as well as Staff, the best process would be to engage a Hearing Officer to hear testimony, submit
a report and recommend appropriate action for City Council; consistent with the City Code, City
Council would make the final determination regarding the appeal. City Manager Greene stated the
Hearing Officer would be an independent party who, at this point, has not been chosen. Mayor
Hoog read aloud the name on a Speaker Card submitted by Alicia Spring of 122 Oak Lane, to
which she stated she was satisfied and had nothing to say.Discussion ensued and included:whether
the issue could be resolved prior to this action; it would not be appropriate for City Council to try
to resolve the differences because this is a quasi-judicial matter; the number of parties involved,
the disagreement over surveys that were conducted and the City's reliance upon the survey
submitted for that particular address when the building permit was issued; and how it is best to
have an independent party make a recommendation on the appropriate action.A motion was made
by Council Member Bond, seconded by Council Member Brown, to authorize the City
Manager to engage a hearing officer to consider the appeal to Variance No. 2016-02. The
motion carried 3-0 with voting as follows: Council Member Bond, For; Council Member
Brown, For; Mayor Hoog, For; Council Member McMillin, Absent and Mayor Pro Tern
Walsh, Absent.
REPORTS: None
City of Cape Canaveral, Florida
City Council Special Meeting
September 6, 2016
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ADJOURNMENT:
There being no further business, the Meeting adjourned at 5:44 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
SEAL of Cape Canaveral, Florida