Loading...
HomeMy WebLinkAboutMinutes 12-20-2016CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY December 20, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:56 P.M. Council Member Betty Walsh led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Mayor Pro Tem Brendan McMillin Council Member Rocky Randels Council Member Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Public Works Services Director Ralph Lotspeich PWS Deputy Director/Community Engagement Director Joshua Surprenant Brevard County Sheriffs Office Lieutenant Don Barker Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION:None. City Manager Greene suggested the need to add one additional item to the Agenda regarding presentation of a check from Mayor Pro Tem McMillin towards the Community Garden. Council reached Consensus to allow the addition. PRESENTATION TO FORMER COUNCIL MEMBER JOHN BOND: Mayor Hoog presented John Bond with a gift from the City and thanked him for his service on Council. Mr. Bond thanked everyone who supported him. He commented on Staffs hard work to get things done, that he may be back and he is leaving the City in remarkably good shape financially. He stated he spends time working as a real estate broker and with veterans and disabled veterans.Council thanked Mr.Bond. City of Cape Canaveral, Florida City Council Regular Meeting December 20, 2016 Page 2 of 5 PRESENTATIONS/INTERVIEWS: Presentation of check from Mr.Jerry Sansom, Florida Inland Navigation District Commissioner representing Brevard County, awarding the City $115,672 for construction of Banana River Park Phases I and II: Mr. Sansom introduced himself and shared a brief history of the Florida Inland Navigation District (FIND); announced this is the first presentation to the City of Cape Canaveral related to Banana River Park; stated he is looking forward to other ways the District can help and presented check to the City. ADD ON PRESENTATION: Presentation of Check in the amount of $2,400 by Mayor Pro Tem McMillin to the City of Cape Canaveral for the Community Garden Project: Mayor Pro Tem McMillin presented check to the City and explained the donation of his first year City Council Member salary to the Community Garden Project, was part of his campaign promise. CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent Agenda for discussion. Mayor Pro Tem McMillin removed item number three. Council Member Walsh stated she intended to abstain from voting on item number two. City Attorney Anthony Garganese advised Council the item be removed for a separate vote. 1. Approve Minutes for November 15, 2016 Regular City Council Meeting. 2. Approve Contract for Purchase and Sale of a portion of property Located at 8817 North Atlantic Avenue in the Amount of $10.00 and authorize City Manager to execute same; accept North Atlantic Avenue Amenity and Maintenance Easement Agreement at 8817 North Atlantic Avenue and authorize execution of same. 3. Approve First Modification to Port of Call Development Agreement between City of Cape Canaveral and Astronaut Properties, LLC and authorize the City Manager to execute same. A motion was made by Mayor Pro Tern McMillin, seconded by Council Member Randels, to approve Consent Agenda Item 1. The motion carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member Walsh, For. #2. Council Member Walsh explained she lives in the Villages of Seaport Condominium, which abuts the property at 8817 North Atlantic Avenue; both the Seaport Condominium Association and Seaport Master Association had interest in that property in the past, even before she was actively involved in the Associations and that it would be best for all parties involved that she abstain from voting on this item. City Attorney Garganese advised Council Member Walsh will abstain from voting and, is therefore, required to fill out Form 8B Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Brown, to approve Consent Agenda Item 2.The motion carried 4-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member Walsh, Abstained. City of Cape Canaveral, Florida City Council Regular Meeting December 20, 2016 Page 3 of 5 #3 Mayor Pro Tem McMillin requested clarification on the item. Bob Baugher, property owner, provided details regarding his property, project negotiations and the reasons behind them. Discussion ensued and included: various phases of the Project, Agreement revisions, plans to renovate the existing building on the property, park and ride plans, other properties and plans for development surrounding the Port of Call property, alternate plans should Project Zeus fall through, plan for four more hotels and a traffic light, a plan to move parking operations out of town, how the property will never be paved to become a parking lot,concern over binding the City in perpetuity,how long term studies indicate the market will support additional hotels and overall redevelopment of the area. Mr.Baugher thanked the City Council.A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, to approve Consent Agenda Item 3.The motion carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member Walsh, For. PUBLIC HEARINGS: 4. Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City Code to clarify that drinking, consumption or possession of open containers of alcoholic beverages upon public dune crossovers is unlawful; providing for penalties for violations of Chapter 6, Article III of the Cape Canaveral City Code, including a Class I Civil Citation penalty;providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the City Code; severability and an effective date, first reading. City Attorney Garganese read the title into the record, explained the item and recommended a change to the Draft Ordinance, on page three, Sec. 6-51, last sentence striking "in the ordinary course of business within the city." and place a period after the word "public". The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion included confirming the action does not apply to drinking on the beach and how this Ordinance will handle some complaints. A motion was made by Council Member Randels, seconded by Council Member Brown, for approval of Ordinance No. 01-2017, first reading,with the recommended change.The motion carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member Walsh, For. 5. Ordinance No. 02-2017; amending Appendix B of the City Code, related to assessment of Building Permit fees; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, first reading. City Attorney Garganese read the title into the record and explained the item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion ensued and included: how the City currently recoups construction permit fees and other fees in the City; how the Ordinance works and additional contract costs; foundation work and soil issues related to the barrier island that the International Code Council (ICC) does not take into account; City taxes paid for operation of the Building Department in the past due to non-development; this type of change will get funds back into the Department and components that go into funding the Community Development Department. City Manager Greene stated that Staff is working on an Ordinance to capture costs for Comprehensive Plan amendment processing, development approvals and site plans to be paid City of Cape Canaveral, Florida City Council Regular Meeting December 20, 2016 Page 4 of 5 by user fees and charges; explained how private inspectors for larger projects could deplete revenues for the City; how the development community viewed the City in the past as difficult and regimented to the point of not being affordable to develop here; how the City became certified to meet best practices overall and the need to let Staff revisit next year to see how the Ordinance is working. Discussion continued regarding impact fees of Homewood Suites to be approximately a half million dollars; concerns regarding Staff time and wages to inspect projects;how Staff would look into cost accounting, but would like to go ahead and approve the Ordinance and come back to Council with cost recovery concepts and research later; City permit fees are well under most other cities in the County overall and the fine line on charging higher fees; how the Community Development Department could be set up with a fund similar to Wastewater and Reclaimed Water funds; making contractors pull permits rather than making residents pay for projects and the term User Fee. City Manager requested Council bear with Staff, as there will be no citizen dollars subsidizing the development process in Cape Canaveral if that is what the majority of the City Council wants and Staff will be able to achieve it with the help of the City Attorney's Office. A motion was made by Council Member Randels, seconded by Council Member Walsh, for approval of Ordinance No. 02-2017, first reading. The motion carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tern McMillin, For; Council Member Randels, For and Council Member Walsh, For. ITEMS FOR ACTION: 6. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities. Mayor Hoog opened the floor for nominations. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, to appoint Council Member Brown as Voting Delegate/Director to the Space Coast League of Cities. Council Member Brown confirmed he would accept the nomination. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Brown, to amend the earlier motion by nominating Council Member Walsh as the Alternate to the Space Coast League of Cities. The motion carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels, For and Council Member Walsh, For. REPORTS: City Attorney Garganese had no report and wished all a Merry Christmas. City Manager Greene wished all a Merry Christmas, Happy Holidays, stay safe and we will have an awesome 2017. Mayor Pro Tem McMillin wished all a Merry Christmas. Council Member Brown reported that he met with Puerto del Rio Condominium Association residents who expressed elation over the Banana River Park Project, thanked Mr. Sansom for everything, wished all a safe and prosperous New Year and thanked the First Responders for the work they do. City of Cape Canaveral, Florida City Council Regular Meeting December 20, 2016 Page 5 of 5 Council Member Randels thanked Bruce and Gloria Wagner for donating land to the City. Council Member Walsh wished everyone a Merry Christmas, a safe, healthy Happy New Year and thanked Mr. Sansom for all of his efforts. Mayor Hoog wished all a Merry Christmas and stated he has been getting praise for Culture and Leisure Services Director and Staff. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:13 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor SEAL of Cape Canaveral, Florida TNs forin is for use by any rmson seMng at tie (,.zuinty, dly, or other local level of govemakent on an appointed or elected board, council, cominission, authority, or rx)mrnittee. It applies to inerribers of advisory and non-advisary tx-4es who are presented wfth a voting Wnflict of interest under SecUon It 2.3143, Ronda !3tatutes. Your responsibififies under the law when faced with votirig on a measure, in which you Ihn«aven a mnifict. of interest wfll vary greafly depending on whother you hold an elective or appoinfive r.msibori. F:or this rearson, p4easo pay dose aftenbori to the Instructions on this form before cornpffefing and fifing the ft.wrrn. A person h(Adiing elecWe or appointive county, munidpal, or other locai pubfic office MUSBSTAW frorn voting on a measure whIlch would inure to II or heir special private gaiin or loss. Each elected or appointed local ofter also MUS"T" ABSTAIN frorn IknowincVy vading on as gneasure whidi would inure to the spedal gain or loss of as prindpal (other then as gram emmerat agency) by whorn tie or she Is retained (includIing the parent, SLJbsiduary, or sibling organIizatkin of a prindpaIl by wNch tie or she is retained), to the spedal private gain or loss olf a rw..dative; or to the special priwide, gain or loss of a bustness assocIate. Co mm of (xnw-nurnly redevelopment agendes (CR -As) under Sec, 163.356 or '163.357, F".,133, and officer's of independent sIll-mc.W tax dNstricts eIecled on a onej-=ire, ane -vote baMs are notprohibited frorn vofing in that capacity. F:or purposes of this law, a "relative" includes only the officer's father, mother, sari, daughter, Ihunsband, wife, brotlier, sIister, fither-in-Ilaw, ii-nother4n4aw, son-IrHaw, and daughter-in-law. A 'buskiess associate" ineans any Iperson or- entity engaged, in or Carrying on a business enterprise vAth the officer as a partner, jokit venturer, coo wneir of property, or corporate shareholder (witiere the shams of the Lorporation are not, lusted on any naiional or reqqional stock exchange), ELECTED OFFICERS: In aftfion to abstaiiiIing Ilmm voting in the situabons described above, you mUst ftdose the cmriffict. I?RIIOIIS T0 THE VOTE BEING TAKEN by PulAdy stating to the assembly the naftire of your intereasst in the rneasure on which you are abstaMing from voting; and WITHIN °05't AYS AFTER THE VOTE OCCURS by completing and fifing thiJs form with the person responsible fbr recordng the rninutes of the meeting, who should incorporate the forrn in the rnMutes. A)though you Tnust abstain frown voting in the skuations described above, you are not prohibited by Secbon 1112.31143 from otherwise parficipaiiing In these matters. IHowwevear, you rnust Osdose the nature of the coriffict before making any afterript to influence the deasion, whether orafly or in wrifing and wheftier Y-nade by you or at your dIirection. IF: YOU WT11I I`() MAKE ANY ATFEMPTTO IINFLUENCE THE DECISION PRIJOR TO T1 IE MEETING AT Wt HCH T] IE VOTE WILL BE TAKEN: You mustoompIlete and Me this forrn (],")edore making any afterriptto influenco the dedsion)witfi the I iesponsluble for re cordrrig the minutes of, the meetirig, who will incorporate the form In the minutes. (Continued on page 2) CIE FORM 81B - 11112,013 PAGE I AdopW. by referv.-mcp Uri Rulf.)34-7,010(l)(0, FAL. APPOINTED OFFICERS (continued) • A copy of the form rnust be provided immedOtelly to the other members of the agency, • The form must be read publicly at the next meeting after the form Is ffied.. IF YOU MAKE NO ATTEMPT TO INI"LUENCE THE DECIISION EXCEPT BY DISCUSSION AT TiIE MEETWG- . You must disclose orally the nature of your conffict ki the measure before paf*Iipifing, YOU must cornpWte tire forrrm and file lt wftn IS days after the vote occurs wfth the person responsible for rewrding the minutes of the meeting, who must lricxxporate the form in the minutes. A copy ofthe forrn rnust be provIded immedfat0y, to the other members of the agerscy, and the form rnust be read pubilicIly at the next meeting after lthe form is filled. DISCLOSURE OF LOCAL OFFICER'S INTEREST Wad_ ...— . . .... .... , hereby disclose that art- 20 j6P (a) A measure came or ml come before my agency wNch (ctieck one or more) inured to my special Inivate gain of, los% insured to the specAal gain or loss of my business associate, ....... .. ....... inure,,d to the speclaIl gak-r of- loss of rainy relat,iv(,,,_,..__. .... . . . .... __ . ...... ............ . ............... . . . ...... _10L inured to the qji.nclai gWn of' iosm, of i: n & A-41!#Vday whom I awn retained; or inured to the si:xacial gain or loss of_........_.m............_.__._._.._._...................._......wWhich is the perent subsWiary, or s0fing orgaNvition or subsMIiary of a princIipaIl which has retained rune. (b) The measure before my agericy and the nature of my confilicting interest In the measure Is as lfoflows: :r, uo(k aba& v+jtd A-cs-octalk*,3 w" 6w- N4 tit, V 1-ftw-t In +/4j* P "A qIAdj ku& 4 Afj ct 0"1 0, (lei o6 Pqu<-41. If diSCIOSLAre Of SI.Mdfic iinffonrmetlon wouIld vWate confidenbaft or prNflege purskjant to law or rules govpIi nhig afforneys, a pubk officer, who is also an attorney, may comply wwffi the diSCIIOSUre reqWrewments of thus section by ftclosing the nature of the linterest in such a way as to 1,")wT.Nide the public with notice of the conflirt, lypate "fied Signature . ................ . . I . .. ..... .......... . .. .. ....... .......... . . .................. .......... NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISC- (.'.'0Ns,r1TUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOL LOWING: IMPEA REMOVAL. OR SUSPENS110N 11"ROM OFFICE OREMPLOYMENT, DEMOTION, REDUCTION INSALARY, REPRWIND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. ..... . . . .. ... . ........ . . .... -.- - --- . .... . ............................... .. .. . ............ . . . . . . ... . ...... . . . . .. ......... ... .......... . . CIE FORM 8B EFF ,W2013 PAGE:. 2 Adopted by fafaferxIn RuIle,34-7.010(iXf), FAC