HomeMy WebLinkAboutMinutes 12-20-2011 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 20, 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
Council Member Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Mayor Pro Tem Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Assistant City Manager /City Clerk Angela Apperson
Interim Finance Director John McGinnis
Building Official Todd Morley
Planning and Development Director Barry Brown
Leisure Services Director Robert Lefever
Public Works Services 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
PRESENTATION:
Mayor Randels presented a plaque of appreciation to retiring Public Works Services
Director Walter Bandish in appreciation of his 21 years of outstanding service to residents
and visitors of the City of Cape Canaveral.
Plaque presentation to Seaport Canaveral Corporation in recognition of their
contribution of $38,187 to the City for the installation of variable frequency drive
controllers at the Wastewater Treatment Plant: Public Works Services Deputy Director
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2011
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Jeff Ratliff explained Seaport Canaveral's contribution to the City and presented a
plaque on behalf of the City to Operations Manager Robert Gaffney.
REPORTS: City Attorney Anthony Garganese provided an update on the Request for
Declaratory Statement filed regarding Royal Mansions; the State Fire Marshal declined
to issue a Declaratory Statement due to the pending litigation. The litigation will be
further discussed after the first of the year.
AUDIENCE TO BE HEARD:
Mayor Randels inquired as to whether the City Council preferred allowing people
interested in addressing the Parking Meter issue to speak now or later. Council
reached consensus to bring Agenda Item No. 8, Ordinance No. 14 -2011 forward.
Joyce Hamilton complimented the Fire Department on their quick response to a fire on
Long Point Road. She also commended the Brevard County Sheriff's Office Canaveral
Precinct for controlling the traffic.
ORDINANCE: Second Public Hearing:
8. 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
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.
City Manager Greene stated the Parking Meter Program has been discussed during at
least nine public meetings. He explained the revenue from this Program will be used to
offset the cost to maintain beach ends, walkovers, beach rake and sea oat planting
project. He reviewed how the revenue projections were derived and spoke of the
reduction in taxable values over the past few years and the institution of user fees to
offset those losses. Mayor Randels explained more history of the prior meetings, action
taken and noted e-mails received in opposition of the Program. The Public Hearing was
opened. Comments and questions included: how the ad valorem transfer is accounted
for; that the Ordinance did not provide an allocation for where the revenue is to be used;
the length of time the transfer for resident passes will continue; what part of the ad
valorem the transfer is derived from; the infrastructure and hardware already
installed /received; the quick work of the Sheriffs Department to respond to disturbance
calls at the beach; the support of the Program and the work of the City Council to bring
the Program forward; the positive improvements along Ridgewood Avenue; that
individuals who visit properties adjoining the beach ends would have to pay to park to
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City Council Regular Meeting
December 20, 2011
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visit these residents; whether individuals who have handicapped parking decals will
have to pay meter fees; whether a policy has been developed to assist condominium
complexes that adjoin the beach ends to eliminate unauthorized vehicles; that the
condominium complexes Homeowners Associations would incur increased costs to
have unauthorized vehicles towed; the feeling that the costs to enforce the meter fees
will take away from the projected revenues; where applications for passes could be
obtained; beach cleaning costs and the lack of visible improvements related to debris;
that red light cameras should be considered rather than metered beach parking; that the
residents who clean up the beach are the same people who are going to have to pay to
monitor their parking lots; that individuals along the beach pay higher taxes and should
not also have to have their visitors pay to park; that it is an insult to visitors who are
spending their money visiting the City to also have to pay to park; whether the pass is
assigned to a specific vehicle. The Public Hearing was closed. City Council discussion
ensued and included: Former Council Member Morgan's support for this Program; the
need for more than one resident pass per household; that property owners, not just
residents should also receive a pass; whether changes could be made to the
Ordinance; the number of parking spaces being used as a part of the formula to
calculate the local match toward beach re-nourishment costs; when the agreement to
use the parking spaces expires; whether the City could pay to opt out of the agreement;
that the decision to move forward with this Program was made in July 2011 and this
Ordinance is one of the last remaining items of the Program; the need to reduce
expenses and generate revenues; that the Ordinance should have been considered
prior to the purchase of the meters and the installation of infrastructure; the
repair/replacement of two dune crossovers is needed for the next five years at a cost of
$25,000.00 per year; the loss of 14% of ad valorem revenues for this fiscal year; that no
one likes taxes or user fees; however, the additional revenue is needed and residents
can receive passes. A motion was made by Council Member Petsos, seconded by
Mayor Pro Tem Walsh, for approval of Ordinance No. 14-2011. Discussion
continued and included: the pass is not really free as all the tax payers are paying for it;
that individuals who own property, who also pay taxes, are not able to receive a pass;
that the majority of the beach end parking patrons are from out of town and the revenue
would help to maintain the amenities/use of the beach; the charge given to the City
Manager to increase revenues so taxes would not have to be increased. The motion
failed 2-3, with voting as follows: Council Member Bond, Against; Council
Member Hoog, Against; Council Member Petsos, For; Mayor Randels, Against;
and Mayor Pro Tem Walsh, For. The meeting was recessed at 8:39 p.m. and
reconvened at 8:46 p.m.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. No requests were received.
1. Approve Minutes for Regular City Council Meeting of November 15, 2011:
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City Council Regular Meeting
December 20, 2011
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2. Approve the 2012 City Council Regular Meeting Schedule and Tentative Budget
Meeting Schedule:
3. Approve purchase of an emergency power stand-by generator from Tradewinds
Power Corporation at a cost of $37,828 for Lift Station #9 located on Banana River
Boulevard:
4. Farmers Market Agreement:
A motion was made by Mayor Randels, seconded by Council Member Hoog, to
approve the four items on the Consent Agenda. 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.
ORDINANCES: Second Public Hearing:
5. 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. 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 Mayor Pro Tem Walsh, for approval of
Ordinance No. 12-2011. 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.
6. 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
Adiustment 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 noted the minor changes that were
requested at first reading. A motion was made by Council Member Petsos,
seconded by Council Member Hoog, for approval of Ordinance No. 13-2011. 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
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2011
Page 5 of 6
7. 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. The Public Hearing was opened. No comments were
received and the Public Hearing was closed. A motion was made by Mayor Pro Tem
Walsh, seconded by Council Member Bond, to approve Ordinance No. 15-2011.
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.
RESOLUTIONS:
8a. Adopt Resolution No. 2011-30; establishing parking meter zones within the City
pursuant to Article III, Chapter 74 of the City Code; providing for the repeal of prior
inconsistent resolutions, severability, and an effective date: This Resolution was not
considered due to the failure of Ordinance No. 14-2011.
8b. Adopt Resolution No 2011; adopting a fee schedule for Chapter 74, Article III of
the City Code related to stopping, standing and parking; providing for the repeal of prior
inconsistent resolutions, severability, and an effective date: This Resolution was not
considered due to the failure of Ordinance No 14-2011.
DISCUSSION:
9. Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities: Discussion ensued. Council Member Hoog agreed to continue to
serve as the delegate. The discussion turned to the alternate delegate. Council
Member Petsos agreed to be the alternate delegate. A motion was made by Mayor
Randels, seconded by Mayor Pro Tem Walsh, for Council Member Hoog to serve
as the Voting Delegate/Director and Council Member Petsos to serve as the
Alternate Voting Delegate/Director. 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.
REPORTS:
10. Council: I
Mayor Pro Tem Walsh inquired as to the use of the beach rake, whether we are
awaiting repair parts and whether Cocoa Beach is currently using the equipment. City 1
Manager Greene stated there are no parts on order and the City is planning to use the
rake in January. He explained the partnering with Cocoa Beach for the purchase of the
City of Cape Canaveral, Florida
City Council Regular Meeting
December 20, 2011
Page 6 of 6
equipment and discussion with the Port Authority regarding hourly charges for use
Deputy Public Works Services Director Ratliff indicated the permit from Florida
Department of Environmental Protection restricts beach raking during turtle nesting
season and allows for the process to begin 65 days after the nesting season ends.
Council Member Petsos and the rest of the City Council wished everyone a very Merry
Christmas and a Happy New Year.
Council Member Bond complimented the Leisure Services Department on the Friday
Fest. He also indicated he attended the Port Authority Meeting and noted the
legislature is only considering three permits for gambling which are slated for south
Florida. He indicated each permit requires a minimum of a two billion dollar investment.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:01 P.M. j
Rocky Randels, M AYOR
Angela M. Apperson, MMC, City Clerk
SEAL of Cape Canaveral, Florida