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HomeMy WebLinkAboutMinutes 10-20-2015CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 20, 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. ROLL CALL: Council Members Present: Council Member Mayor Pro T em Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Economic Development Director Community Development Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major John Bond Bob Hoag Buzz Petsos Rocky Randels Betty Walsh David L. Greene Anthony Garganese Angela Apperson John Deleo Todd Morley David Dickey Gustavo Vergara Joyce Muse Jeff Ratliff Paul Ring Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: John Benton spoke of a flyer showing a sex offender using an address of a mini warehouse as his residence address. He alleged there has been a thirty percent increase in sexual offenders living in Cape Canaveral. Mr. Benton complained that he was fined $300.00 for living in a mini warehouse; however he was not living there. He urged the City to investigate the matter. City of Cape Canaveral, Florida City Council Regular Meeting October 20, 2015 Page 2 of 6 Shannon Roberts reported on the successful Candidate Forum held last evening. She thanked those who attended, complimented the Candidates and thanked League of Women Voters and the Concerned Citizens of Cape Canaveral for their sponsorship of the event. Joyce Hamilton complimented those who planned the Candidate Forum and urged for it to continue in future years. Leonard Cassanelli asked for the City Council's assistance to resolve an on-going Code Enforcement issue at 7521 Magnolia Avenue. He requested an agenda item on a future agenda and quoted from the Vision Statement. Discussion ensued and included: an explanation by City Manager Greene related to the level of renovation/rehabilitation of the property for it to meet the current Building Code; that Mr. Cassanelli has been advised of the appeal process; the actions of the Code Enforcement Board; that the City Council does not have jurisdiction in the matter; and a statement from Attorney Garganese that until the plans are in compliance with the Life Safety Codes, no permit can be issued. Cocoa Beach Mayor Dave Netterstrom presented Mayor Randels with a retirement card and expressed appreciation from the City of Cocoa Beach for the many years of service not only to the City of Cape Canaveral, but to the entire County. PRESENTATIONS I INTERVIEWS: Proclamation designating the City of Cape Canaveral a "Be Kind Brevard -No Bullying By Anyone, At Any Time. At Any Place -Zone": Mayor Randels explained the purpose of Be Kind Brevard and read the Proclamation into the record. Laura Brown and Malak Hammad provided further information regarding their mission. Mayor Randels presented the Proclamation to Malak Hammad and Laura Brown. Proclamation designating the month of October as "National Breast Cancer Awareness Month": The Proclamation was read into the record. Mrs. Kathy Petsos indicated she was accepting the Proclamation on behalf of the survivors; caregivers and other supporters who will be walking Saturday morning at Space Coast Stadium in Viera; the Staff of the American Cancer Society, the Volunteer Leadership Board of the American Cancer Society and on behalf of her mother who passed away from breast cancer on 10/16/1991. She also thanked the City for all the support provided in support of the Relay for Life event. Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2014: Mayor Randels provided information related to the Award and noted this is the 20th consecutive year for the Award. Administrative/Financial Services Director Deleo noted the award is received because of the efforts of all Staff/Team Members. Mayor Randels presented the Certificate to Administrative/Financial Services Director John Deleo, Senior Accountant Joan Gapud and Accounting Technician Cheryl Puleo. Interview Applicant for appointment to the Planning and Zoning Board. (Brenda Defoe Surprenant): Attorney Garganese asked Mrs. Surprenant if all the information on her City of Cape Canaveral, Florida City Council Regular Meeting October 20, 2015 Page 3 of 6 application was true and correct; to which she responded in the affirmative. Mrs. Surprenant explained her pursuit of a Master's degree in Urban Planning and a desire to be involved in the community. Council Members expressed appreciation for her desire to serve. CONSENT AGENDA: Mayor Randels 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 September 22. 2015: 2. Award the bid for the North Atlantic Avenue Streetscape Project to Gibbs & Register. Inc. in the amount of $2, 756,815.50 and authorize the City Manager to execute the Construction Agreement for same: 3. Resolution No. 2015-17; supporting current version of the draft bill entitled Misuse of Public Office Act; providing for an effective date: 4. Resolution No. 2015-19; appointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Brenda Defoe Surprenant): 5. Resolution No. 2015-20; reappointing members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (James Massoni and Andrew Serafin): 6. Award the bid for the Lift Station No. 2 Gravity Sewer Improvements -Phase I to WP Underground Utilities, LLC in the amount of $252,826 and authorize the City Manager to execute the Construction Agreement for same: 7. Approve the purchase of launder covers for the two clarifier units at the Wastewater Treatment Plant from MFG Water Treatment Products in the amount of $4 7 .315 and approve the installation of the covers by The Crom Corporation in the amount of $30,800: 8. Approve City of Cape Canaveral/Florida City Gas Streetscape Reimbursement Agreement: A motion was made by Council Member Petsos, seconded by Council Member Walsh, to approve all items on the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting October 20, 2015 Page 4 of 6 PUBLIC HEARINGS: 9. Ordinance No. 11-2015; amending Sections 110-334, 110-352 and 110-381 of the City Code regarding Automotive Service Stations; permitting Automotive Service Stations in the M-1 zoning district; prohibiting Automotive Service Stations in the C-1 and C-2 zoning districts; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels noted a prior application for another gas station and the Board of Adjustment's motion to deny the application for a Special Exception. He read five points from the Ordinance and opened the Public Hearing. Tom Hermansen expressed concern that the Ordinance would have an unintended consequence that would dis-incentivize the redevelopment of the existing properties. He felt the number of pumps should be related to the size of the property; and requested a property owned by his Company be left out of the prohibited area. Alan Beal noted he does not live in Cape Canaveral, so he does not vote for representation and pays five times more taxes than he does on his residence. He indicated gasoline taxes go to the EPA to clean up tank issues; the tanks on the property he rents are registered with the State of Florida; however, they have no hydrocarbons or water in them. He listed companies who have approached him for purchase of the property, but have fallen through. He advocated against the Ordinance as written and encouraged the Council not to do anything for six months. Discussion included that the tanks are single wall which do not meet Code; the need for changes to the Ordinance which would allow for redevelopment of existing sites to the larger stations; the deferred maintenance at many of the existing sites; the Ordinance is not intended to put existing stations out of business, it was to limit any new stations; whether it is possible to change the Ordinance to make the number of allowed pumps to correlate to the size of the lot and to include some type of wall to shield the properties from the street; and the need to look at roadway access for any redevelopment of the RaceTrac property to improve safety and traffic circulation. Robert Carney spoke in opposition to any new gas stations. Shannon Roberts advocated for a master plan for the development/re- development of the City. The discussion continued and included the locating of Automotive Service Stations within the City Limits; Mayor Pro Tern Hoog's feeling that this Ordinance hurts the small businesses and if people do not like the way smaller places look, the best way to improve them is to use the Code Enforcement Process to get them to look better; and the prior direction of the City Council to create this Ordinance. The Public Hearing was closed. A motion was made by Mayor Randels, seconded by Council Member Petsos, for approval of Ordinance No. 11-2015 at first reading with the understanding there will be changes as generally described by the City Manager (to amend the Ordinance to allow additional fueling stations based upon road frontage and lot size requirements). The motion carried 4-1 with voting as follows: Council Member Bond, For; Mayor Pro Tern Hoog, Against; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting October 20, 2015 Page 5 of 6 10. Ordinance No. 12-2015; amending Section 110-381 of the City Code to allow Craft Distilleries in the C-2 Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions. severability, incorporation into the Code, and an effective date: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The Ordinance was briefly discussed. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 12-2015. 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. 11. Ordinance No. 13-2015; adopting the amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2014. and ending September 30, 2015; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date. first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels provided additional information regarding the Ordinance purpose. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 13-2015. 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. REPORTS: Mayor Pro Tern Hoog noted his attendance at NASA's 25th Annual Job Fair. Council Member Walsh expressed she will miss Mayor Randels. Council Member Bond added that he felt Mr. Randels is not just the Mayor, he is a legend in the County. Council Member Bond expressed appreciation for the wonderful Candidate Forum. He indicated a desire to correct the previous statement that there was not an increase in sex offenders within the City limits. Council Member Bond thanked the Accounting Department and the City Manager who worked with Florida City Gas Company to pay for the resurfacing of North Atlantic Avenue after the construction. Council Member Walsh indicated the Franchise Agreement gives them the right to put the line in with no compensation to the City. City Manager Greene indicated the Agreement was a team effort, which does include the City Attorney's Office. Mayor Randels noted his service on the Brevard Homeless Coalition and the goal to end Veteran homelessness in Brevard County by the use of 60 billets; additionally ending all homelessness in the future. City of Cape Canaveral, Florida City Council Regular Meeting October 20, 2015 Page 6 of 6 ADJOURNMENT: · .· <. ~f\!:..;v.;"-~ There being ·no further 'ffu.irness, the Meeting adjourned at 8:04 P.M. ,. ... , ·-' \ ·-· :..> ,, G-av~CS~, Rocky Randels, Mayor