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HomeMy WebLinkAboutMinutes 11-19-2013 1 t 1 1 j 3 1 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY 1 November 19, 2013 6:00 PM 1 MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. Mayor Randels explained the new Public Participation rules. ROLL CALL: Council Members Present: 1 i Mayor Pro Tern John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels I Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Administrative Services Director Angela Apperson Finance Director John DeLeo I Community & Economic Development Director Todd Morley Planning & Zoning Director Barry Brown 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. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham Cape Canaveral Volunteer Fire Dept. Assistant Chief Tracy Braley 1 PUBLIC PARTICIPATION: i 1 Mr. Dave Reynolds expressed displeasure with the fire station being located outside the City limits during construction of the new station and encouraged staging a truck/crew within the City limits. City Manager David L. Greene indicated responses times meet National Standards, which are six (6) minutes or less 90% of the time; the Fire Station has been a City project since 1983 and the total cost should not exceed 2.5 million dollars. City Manager Greene indicated locating within the City Limits was looked into 1 I 1 1 iI 1 I City of Cape Canaveral, Florida City Council Regular Meeting 1 November 19, 2013 Page 2 of 6 1 and Staffs efforts to locate a facility within the City limits were unsuccessful. The City is very grateful for the Port accommodating the City during the construction. i OATHS OF OFFICE: i 4 City Attorney Garganese administered the Oath of Office to John Bond and Buzz Petsos. 1 SELECTION OF MAYOR PRO TEM: Motion by Council Member Walsh, seconded by Council Member Bond, to nominate Council Member Buzz Petsos as Mayor Pro Tem. No other nominations were received. The motion carried unanimously. 1 PRESENTATIONS / INTERVIEWS: IInterview Library Board Members Linda Brown and Evelin Reid for reappointment to said Board: Attorney Garganese asked Ms. Brown and Ms. Reid if all the information in their application is true and correct, to which each responded in the affirmative. Linda Brown explained how important the Library is to the individuals in this community as the hub of the community; details of the upcoming Book Sale; positive changes to the Library initiated by Director Morrison and advocating for additional computers and I-pads at the facility for access to the electronic books. Council Members' comments included I support for additional computers; the book "Silence in the Salvage", which is about the recovery of the Space Shuttle Columbia and expressing thanks for her service on the Board. Evelin Reid shared her experience volunteering in the Library three to four days 1 a week and how it benefits her as a board member. She expressed her love of meeting Iall the people and assisting them, advocating for seats by the window so people could bring in their own computers and use them. Council Members' comments included appreciation for her service and for the 20th anniversary of the Friends of the Library. t g Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2012: Mayor 1 Randels presented the Certificate to Finance Director DeLeo, who shared the same with his Staff, Accountant Joan Gapud, Accountant Eric Bever and Accounting Technician Cheryl Puleo. 1 CONSENT AGENDA: 1 Mayor Randels inquired if any items are to be removed from the Consent Agenda for 1 discussion. No items were removed. 1. Approve Minutes for Regular City Council Meeting of October 15, 2013: j 1 3 1 2. Approve the 2014 City Council Regular and Tentative Budget Meeting Schedule: 4 4 I i 4 1 i Cit y of Cape Canaveral, Florida City Council Regular Meeting 1 November 19, 2013 IPage 3 of 6 i 3. Resolution No. 2013-25; reappointing Members to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Linda Brown and Evelin Reid): 4. Endorse the Memorandum of Understanding between Space Coast League of Cities, Brazil Space Coast International Development Agency, and Brazil Florida Chamber of Commerce: 5. Acceptance of Annual Review and Inspection Report— Cape Caribe, Inc. Binding Developer's Agreement: I A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for approval of the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARING: 6. Ordinance No 13-2013; adopting the amendments to the Annual General Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets for the Fiscal Year beginning October 1, 2012, and ending September 30, 2013; providing for an effective date, second reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels provided further explanation of the item. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Bond, for approval of Ordinance No. 13-2013. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 1 7. Ordinance No 14-2013, amending Sections 2-66 and 2-68 of the City Code related to Public Input & Participation at City Council Meetings; providing that the City Council shall establish a policy affording members of the public a reasonable opportunity to be heard during City Council Meetings consistent with applicable law; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code, severability and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels provided further explanation of the Ordinance and the continued practice of the City to allow individuals to speak at meetings. The Public Hearing was opened. No 1 comments were received and the Public Hearing was closed. A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of Ordinance No. 14-2013. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 1 1 1 1 i i City of Cape Canaveral, Florida 1 City Council Regular Meeting November 19, 2013 1 Page 4 of 6 i 8. Ordinance No 15-2013; providing for the regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances; amending the signage requirements for the A1A Economic Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels provided further explanation of the activities of the Planning & Zoning Board to review the Sign Code. Community and Economic Development Director Todd Morley Iexplained addendum #1 listing three proposed changes to the proposed Ordinance. Attorney Garganese requested Council Members consider the changes as if they were incorporated into the Ordinance presented. Community and Economic Development I Director Todd Morley provided a summary of the proposed Ordinance, explained how businesses will be notified of the proposed revisions to the Sign Code and answered questions. Mayor Randels thanked members of the Planning and Zoning Board for their work on the Ordinance. The Public Hearing was opened. Attorney Kim Rezanka, 1 representing Extreme Fun LLC, the owners of Beach Wave, explained the position of her clients that merchandise in the window is not a window sign; the request not to remove the words "out of doors", how limiting merchandise display impacts revenue; the regulation of wall signs; and the interpretation of the code provisions. Discussion t ensued and included: the words display and merchandise, the definition of window 1 signage; that the City Council is to make policy decisions as to what is allowed within the City limits, the community visioning effort and how Staff has been trying to bring the citizen request to fruition, what citizens stated when the building/site plan was before the Council for approval, that during the site plan approval process statements were made related to upcoming changes in the sign code related to window signage and Mr. Gall's acknowledgement of the same at that time, whether the surfboards behind the :R windows would be considered as signage also, a suggestion that Council allow City Staff/City Attorney to meet with the Business Owner/Attorney to further discuss the g issues, the suggestion that Council Members write individual e-mails to Staff members providing their direction as to what they desire as Ordinance requirements, and the need for Staff to properly frame the issue(s) before direction of City Council is given. It was agreed that Staff will work with the Property Owner/Attorney to clarify the issues; forward the information to the Council who will be expected to give policy direction and no action will be taken on Ordinance 15-2013 this evening. 1 i 9. Ordinance No. 16-2013; amending Ordinance No. 03-2008 to repeal the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, first reading: ' Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Council Member Hoog recused himself due to his involvement with Cape Caribe on another financial matter. Planning and Zoning Director Brown I explained prior rezoning restrictions to accommodate the expansion of the pool/other `= amenities; the current request to reallocate units closer to the pool and the request will i I I i I City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2013 Page 5 of 6 not result in increased density. Mr. Ken Ward, representing Cape Caribe, explained the purpose of repealing the restrictions and how it would allow one of the proposed buildings to then adjoin the pool deck. The proposal was discussed. Attorney Garganese read the amended Ordinance title into the record as "an Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida, modifying Ordinance No. 03-2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral; to authorize building four pursuant to the Development Agreement between Cape Caribe Inc. and the City of Cape Canaveral dated , providing for repeal of prior inconsistent ordinances and resolutions; severability; and an effective date. Section 2 would be j amendment to Ordinance No. 03-2008 City Council of the City of Cape Canaveral hereby amends the Ordinance to modify the restrictions. Section 3 to authorize building number four, pursuant to the Developers Agreement between Cape Caribe, Inc. and the City of Cape Canaveral dated ". The discussion continued. A motion was made by Council Member Bond, seconded by Council Member Walsh, that Ordinance 16- 1 2013 be adopted as amended by the City Attorney. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, abstaining; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. The Public Hearing was opened; no comments were received and the Public Hearing was closed. ITEMS FOR ACTION: I 10. Approve Contract for City to purchase property located at 110 Polk Avenue in the amount of $195,000 and authorize Mayor to execute same: Discussion included: the i need to file appropriate documents to dissolve the condominium form of ownership; the seller's address of record being out of state; however, the contract documents can reflect a Cape Canaveral Address if that is more convenient for the seller; and the condominium association was dissolved in 1987. A motion was made by Council Member Hoog, seconded by Council Member Walsh, to approve the contract for purchase. Council Member Bond explained his position on the proposed purchase price being fair market. Mayor Pro Tern Petsos indicated at first he was not comfortable expending funds for this purchase; however, knowing the building would be used for Staff offices during the construction, and the costs associated with the temporary office, makes the cost seems reasonable. City Manager David L. Greene explained the property owner did some work to clean up the property, the fair price for the unique 1 property and if the City intends to build a New City Hall the site will play an important I part. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For i i 1 t1 City of Cape Canaveral, Florida I City Council Regular Meeting November 19, 2013 Page 6 of 6 REPORTS: I 1 Council Member Bond noted being Mayor Pro Tern was a fun experience and expressed appreciation for the ability to serve for another three years. I Council Member Hoog indicated the State will allocate money to assist with the Indian River Lagoon Issue cleanup. Mayor Randels noted the problems have the full attention 1 of the State. Council Member Petsos felt the removal of septic tanks is much more j important than the fertilizer runoff to correcting the problems. Mayor Randels stated the City is very fortunate to have only a few properties still on septic tanks. i ADJOURNMENT-, , There being no furthePbQs4ss, the Meeting adjourned at 8:54 P.M. 3 : L Qor,�.Qc�Q,�.• . G"-Z=4\4%■\` • III * Rocky Randels, Mayor ri,_ ,2 t iR Ange a M. Appers n, MMC, A Administrative Services Director 1 j i 1 i 1 t 1 1 1 i i 1 i 1 1 i 1 i 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,AUTHORITY,OR COMMITTEE!- 00t 12 a b v�- C -y o f Cc�,/2e. ca./mitten' Gay Ccccnc� 1 MAILING ADDRES(S� f THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 2i O Se FFe�50h V G V��e- ,WHHICH I SERVE IS A UNIT OF: CITY COUNTY r., I ( TY ❑COUNTY ❑OTHER LOCAL AGENCY �� ca Yta�,�tr IJr�UA�r� NAME OF POLITICAL UBDIVISCION/,, DATE ON WHICH VOTE OCCURRED V r GK.10 e'aver�( I / q MY POSITION IS: ` ( 2.0 !3 I -ELECTIVE 0 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. 1 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. I 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: 3 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) i I 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, _ � /" y' >t- R 17 ,hereby disclose that on 6'"''i /9 ,20 /3: (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, ,• inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which 4 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: Z4114/� g I d;of 1.0 c(a/ e(,..l►v� -11' [. � �.� u� lass. / X%5 "93Tee W // AJ /N•t�r2. -5 Jr2 o t j ✓dc)2-s 4, r/� ( oujofe2 H/�vg r11u�i�t//r./sf C'd,r1 /�,.� !alto/�/fie „f- Ail ¢c r& .*I /��1AbeL C, 4 cG8 2�P o�rsfj �, A Q.2NC�. 5�t 4 ecn//ec7'• ifilleiet(ai/ /7 t- c2170/,,,C / / ,ip , . ..d.,, 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