Loading...
HomeMy WebLinkAboutMinutes 11-15-2011 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY November 15, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 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 Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager/City Clerk Angela Apperson Building Official Todd Morley Planning and Development Director Barry Brown Leisure Services Director Robert Lefever Public Works Service Director Walter Bandish Public Works Services Deputy Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham OUTGOING ELECTED OFFICIAL COMMENTS: Ms. Walsh and Mr. Hoog thanked everyone for their vote and support of their candidacies. OATHS OF OFFICE: City Attorney Garganese administered the Oaths of Office. ELECTION OF MAYOR PRO TEM: The nominations were opened. Council Member Hoog nominated Council Member Petsos. Council Member Petsos nominated Council Member Walsh. The nomination of Council Member Walsh was seconded by Council Member Hoog. Council Member Hoog noted Council Member Walsh was installed as City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 2 of 6 Second Vice President for the Space Coast League of Cities last evening. The vote carried unanimously. REPORTS: None AUDIENCE TO BE HEARD: Cape Canaveral Branch Library Director Jenny Morrison thanked the City for its support of the Library and the improvements that have been made within the last year. CONSENT AGENDA: Mayor Randels explained the purpose of the Consent Agenda and inquired if any items are to be removed from the Consent Agenda for discussion. Council Member Petsos requested item 3 be removed for discussion. 1. Approve Minutes for Special City Council Meeting of October 4, 2011 and Regular City Council Meeting of October 18, 2011 : 2. Approve Year Two of Five-Year Program — Relining of Manholes and Lift Station Wet Wells Throughout the City and Award Project Work in the Amount of $129,638.04 to Hinterland Group, Inc., Cocoa, FL: 3. Approve Resolution No. 2011-29; amending the Stormwater Utility Fee Authorized by Article V of Chapter 78 of the Cape Canaveral Code of Ordinances; providing for incorporation into Appendix B, Schedule of Fees, of the City Code; providing for repeal of prior inconsistent resolutions; severability; and an effective date: 4. Approve Agreement between the City of Cape Canaveral and Complus Data Innovations, Inc. (Complus) for the processing of parking tickets issued within the City of Cape Canaveral: 5. Approve Library Board recommendation to purchase books (inventory) utilizing reserves from Library Capital Expansion Funds: 6. Approve Contract Between the Florida Department of Corrections and the City of Cape Canaveral for Renewal of Inmate Labor Contract; Work Squad Contract #WS641, Amendment #1 : 7. Approve Requested Revisions to the Cape Caribe Binding Developer's Agreement: 8. Update - Feet Not Fuel Program: 9. Bike Sharing Program (Not proceed forward): City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 3 of 6 A motion was made by Council Member Hoog, seconded by Council Member Petsos, to approve Consent Agenda Item Nos. 1, 2, 4, 5, 6, 7, 8, and 9. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. #3 — Mayor Randels explained the purpose of the Stormwater Utility Fee; noted projects needing to be undertaken and those completed. Discussion ensued and included objection to the rate increase; the fact that the Capital Improvement Plan includes three million dollars in improvements/maintenance items; the need to take advantage of the current lower construction costs; that $5.00 per equivalent residential unity (ERU) was the original recommended fee; the lack of an anticipated project schedule; the need to pursue grants to complete some of the anticipated projects; communities have home owners associations and their own stormwater systems are paying association dues to maintain their own systems; the fact that individuals who pay association fees also use the roadways which use the Stormwater System which is supported by these fees; the need to create a Stormwater System along N. Atlantic Avenue; the possible use of transportation impact fees and the need for roadway capacity to be increased if impact fees are to be used; the trimming of mangroves along the southern ditch was to be done by a developer and now falls upon the City; the work at Manatee Sanctuary and Banana River Parks; the televising of the stormwater system found/eliminated several blockages; the use of baffle boxes to keep items out of the river and the need for continual maintenance of same; whether there are concurrency issues that need to be addressed; the work along N. Atlantic Avenue will necessitate property acquisition for turn lanes, pedestrian facilities and drainage improvements; the suggestion for fee increases to be adopted in the September or October time frame so Associations can include them in their budgets for the following year; several proposed compromises which included different effective dates and amounts of increase; that every City street benefits from the stormwater fee because of the maintenance programs which include street sweeping, which cleans the water prior to discharge in the river, environmental stewardship and the events of 2008 Tropical Storm Faye. Motion made by Council Member Hoog, seconded by Mayor Randels to approve the stormwater fees as presented (Resolution 2011-29). After further discussion, the motion and second were amended to start in July 2012. The discussion continued and included a procedural question. The motion carried 3-2, with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tem Walsh, Against. ORDINANCE: First Public Hearing: 10. Adopt Ordinance No. 12-2011 ; adopting amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds and Expendable Trust Fund's Budgets for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011 ; providing for an effective date: City Attorney Garganese read the Ordinance title into the record. Mayor Randels provided a brief City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 4 of 6 explanation of the Ordinance purpose. Motion made by Council Member Petsos, seconded by Mayor Pro Tem Walsh, for approval of the Ordinance. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 11 . Adopt Ordinance No. 13-2011; amending the code of ordinances to reorganize and streamline the City's development review process and to modify the composition and duties of certain city boards; amending Chapter 2, Administration, related to committees and commissions; amending Chapter 22 related to community development; amending Chapter 46, related to the Library Board; amending Chapter 54, related to parks and recreation; amending Chapter 110, related to the Board of Adjustment and Planning and Zoning Board, and related to land use decisions and site plans; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date: City Attorney Garganese read the Ordinance title into the record and explained the purpose of the Ordinance. Mayor Randels noted the revised agenda item which provides the recommendations of the Planning and Zoning Board. Planning and Development Director Barry Brown noted the prior action by the Council in August 2011 and the recommendations of the Planning and Zoning Board to clarify the site plan review process. Patrick O'Neill, who serves as the Government and Community Affairs Manager for the Space Coast Economic Development Commission, noted the Simplified, Nimble, Accelerated Permitting (SNAP) best practices model created to streamline development permitting processes. He indicated the passage of this Ordinance will demonstrate the City's commitment to attract businesses. Discussion ensued and included the suggestion to include the words "city council" in parts (d), (i) and (I) under Sec. 2-172. There was no opposition to the proposed change. Motion made by Mayor Pro Tern Walsh, seconded by Council Member Hoog, to approve Ordinance No. 13-2011 as amended. The Public Hearing was opened and included the Planning and Zoning Board's discussion related to the number of non-residents who can serve on a review board or committee and the Ordinance change related to non-residents and business owners; rationale for term limits; and approval of expenditures by the City Manager and approval of budget by the City Council. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 12. Adopt Ordinance No. 14-2011; amending Article III of Chapter 74 related to stopping, standing and parking; providing for definitions; prohibiting parking in designated areas; authorizing metered parking in designated areas of the City; establishing parking fines and penalties; authorizing towing and immobilization of illegally parked vehicles; providing for administrative review and appeals; authorizing annual parking permits; establishing regulations for towing vehicles from private property; making conforming amendments to Chapter 110 related to beach-end parking City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 5 of 6 in the R-3 Medium-density Residential Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date: City Attorney Garganese read the Ordinance title into the record. Mayor Randels noted discussion of prior City Council action on a motion in July 2011 to approve the implementation of the parking meters by a 3/2 vote, which included the late Council Member Jim Morgan who was the third positive vote for that item; and the addition of Council Member Bond who stated he did not see any reason to change that vote. Discussion moved to: City residents' ability to apply for passes and the cost for such; the City of Cocoa Beach's parking rates and program; the Federal and State funds that are used to re-nourish the beach; signage at the beach end streets; consideration of the resolutions at the second reading; anticipated net revenue is projected to be $100,000; creation of revenue stream for the school crossing guard program and support of the maintenance costs for the beach walkovers. Motion by Council Member Petsos, seconded by Mayor Pro Tern Walsh, to approve Ordinance No. 14-2011. The motion carried 3-2 with voting as follows: Council Member Bond, For; Council Member Hoog, Against; Council Member Petsos, For; Mayor Randels, Against; and Mayor Pro Tem Walsh, For. 13. Adopt Ordinance No. 15-2011; amending Article III of Chapter 10 regulating the permitting of outdoor entertainment events; providing an exemption for City organized events; providing that the City Council may contract for certain special events and vary or waive provisions of the code to promote economic development or cultural events; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date: City Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels explained the review process and streamlining of the City's permitting process. Motion was made by Council Member Petsos, seconded by Council Member Bond, to approve Ordinance No. 15-2011. Discussion ensued and included what constitutes a City event. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. DISCUSSION: 14. City Council decision with respect to construction of a Public Beach Access between the Shorewood and Villages of Seaport Communities: Discussion ensued and included Mayor Pro Tem Walsh's employment by the Villages of Seaport and her decision to abstain from voting; the need for indemnification from the property owner - Coastal Fuels/Morgan Stanley, the parent Company. Motion by Council Member Bond, seconded by Council Member Petsos, to do away with the discussion until some Council at a future date may want to bring the item up. Discussion continued and included costs; conflicts of interest; a recollection of the events in 1989 when this easement was obtained and how residents across N. Atlantic lost their public beach access due to the condominium development; parking issues. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 6 of 6 Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Abstaining. 15. Land-based Casino Operations: Mayor Randels explained the item. Discussion ensued and included whether the City should weigh in on this issue; possibly drafting a letter to the Port from the City Council; suggestion to wait and find out what the State Legislature is going to allow; the impact to the community and the size of such an operation; opposition to the casinos by a number of companies. Council took no action on this item. REPORTS: 16. Council: Council Member Petsos requested an update on the potential Cocoa Water Rate increase. Mr. Greene noted he and other City Managers are watching the situation and did not think there was much to be done. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:49 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida 1 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 Walsh, Betty City of Cape Canaveral - City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 140 Seaport Blvd WHICH I SERVE IS A UNIT OF City County CITY X COUNTY OTHER LOCAL AGENCY Cape Canaveral, FL 32920 Brevard NAME OF POLITICAL SUBDIVISION: Cape Canaveral DATE ON WHICH VOTE OCCURRED MY POSITION IS 11/15/2011 X 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. , , 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. 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: 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) 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, BETTY WALSH , hereby disclose that on November 15th, 2011 (a) A measure came or will come before my agency which (check one) 0 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 whom I am retained; or _ inured to the special gain or loss of , which 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 I am employed by the Seaport Oceanfront Condominium Association and The Villages of Seaport Condominium Association in which a topic was on the agenda regarding a public beach crossover located near both associations. 11/18/2011 Betty Walsh 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