HomeMy WebLinkAboutMinutes 01-17-2012 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 17, 2012
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
Plans Examiner /Building Inspector Glenn Pereno
Planning and Development Director Barry Brown
Leisure Services Director Robert Lefever
Public Works Service Director Jeff Ratliff
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Commander Alan Moros
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
REPORTS: None
AUDIENCE TO BE HEARD:
Leo Nicholas spoke of the terms of Regular Board Members and Alternate Board
Members indicating there is confusion as to who needs to re -apply for membership.
City Manager Greene indicated Alternate Member positions were eliminated; Alternate
Members need to re -apply for the available positions.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2012
Page 2 of 6
Joyce Hamilton complimented City Staff on the appearance of the City (flowers, holiday
decorations, etc.) during the Holiday Season.
Al Vicidomini asked Council to re- consider the December decision on the Parking Meter
Program. A lengthy discussion ensued and included: considering the money spent for
implementation of the Program, it should move forward; the money that cannot be
recovered is projected to exceed $150,000.00; the projected revenue for the program
was approximately $100,000.00; residents and property owners should be allowed to
have more than one pass; the need to have all individuals pay the same for each pass;
it was a mistake for the Council to vote to move the project forward and then set up the
rules (Ordinance) after the fact; residents did not attend the meeting in December
because they were told the Ordinance had passed; why should the taxpayers be the
only people making the City better; the various ways the Council can reconsider this
item; the fact that any City Council can change direction or an Ordinance at any time;
the perception that the pass system would cause an enormous amount of work for the
Staff, which may require additional Staff; a rumor that the Mayor and Bob Hoog "got to
Council Member Bond" is untrue; Ad Valorem taxes that are programed to be "moved"
for the passes are the same dollars that are currently being used to fund maintenance
activities of the walkovers and the beach rake program; the actions taken by the Council
on July 19, 2011, which outlined the steps needed for Program implementation; there
are no guarantees the City will not get sued for the implementation of the Program or
the transfer of revenue; whether the City could opt the parking spaces in the City out of
the agreement Brevard County signed with the State, using the number of public
parking spaces throughout the entire County in a calculation for the Local Match for
beach re- nourishment and possible costs of same; the institution of parking meters will
change the character of the City; and the need for clear direction from the City Council.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. No requests were made.
1. Approve Minutes for Regular City Council Meeting of December 20, 2011:
2. Approve Reconditioning of the Dynasand Continuous Backwash Sand Filter
Modules at the Wastewater Treatment Plant; award work to sole source provider
Parkson Corporation in the Amount of $560,000:
3. Approve Task Order No. 1 and Funds in the Amount of $78,015 to Quentin L.
Hampton Associates, Inc. for Survey and Design Services for the North Atlantic
Streetscape Project:
4. Approve the Transportation Impact Fee Trust Fund Disbursement Agreement
between Brevard County and the City of Cape Canaveral for the Construction of
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2012
Page 3 of 6
Streetscape Improvements to North Atlantic Avenue in the Amount of $868,732.89 and
Authorize the Mayor to Sign:
5. Approve Settlement Offer of PI Holdings #1, Inc. to Pay City's Administrative and
Attorneys' Fees & to Dismiss Quiet Title Lawsuit Filed Against City in Exchange for
City's Release of Code Enforcement Lien:
A motion was made by Council Member Hoog, seconded by Council Member
Petsos, to adopt the five consent items. 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.
PUBLIC HEARING:
6. Fire Station:
a. Approve an Agreement for Deed with the Cape Canaveral Volunteer Fire
Department, Inc.:
b. Approve a Task Order with Baskerville- Donovan, Inc. for Architectural and
Engineering Services related to the Fire Station Project:
City Manager Greene reviewed the agenda items and recommended to proceed with
approval. Fire Chief Sargeant answered affirmatively as to whether the Volunteers
support this plan. A motion was made by Council Member Hoog, seconded by
Council Member Bond, to approve an agreement for deed, the Task Order and
extending the contract for services until 2033. The public hearing was opened.
Comments included: the lack of a City Master Plan for the co- location of government
services; the desire to a have a LEED (Leadership in Energy and Environmental
Design) Certified Fire Station; the costs added for LEED Certification are not necessary
if the facility is built with the principles and concepts in mind; the work done to
investigate property adjoining the existing City Buildings; and the unwillingness of the
current property owners, both around the existing Fire Station and existing City
Buildings to sell. The Public Hearing was closed. Comments from Council Members
included: a clarification that the Corporation known as Cape Canaveral Volunteer Fire
Department is made up of both paid personnel and volunteers; prior discussion for a
Town Center complex and the desire to have government buildings located there; the
prior discussions for a multi - generational recreational facility; the prior discussion for a
government complex in the area of the existing City Hall; the money that has been set
aside for the new Fire Station; the proposed station is not lavish in any way, it is just a
modern facility; and that Rescue operations will occur from either the Cocoa Beach
Station 2 or the Station at the Port and the possibility to rent a home or a storefront to
keep a fire truck in town. The motion carried 4 -1 with voting as follows: Council Member
Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For;
and Mayor Pro Tem Walsh, Against.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2012
Page 4 of 6
ORDINANCE: First Reading:
7. Adopt Ordinance No. 01-2012; amending section 82-31 of the Cape Canaveral
Code of Ordinances related to adoption of the Florida Buildinq Code; providing that the
2010 Florida Building Code, as may be amended, shall be the building code adopted
and enforced in the City; repealing specific regulations related to wind speed zones
consistent with the latest revisions to the Florida Building Code; 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 a brief explanation of same. Mayor Randels further
commented on the proposed Ordinance. A motion was made by Council Member
Petsos, seconded by Mayor Pro Tem Walsh, for approval of Ordinance No. 01-
2012. 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:
8. Request by Stark Armor, Inc. for Ad Valorem Tax Exemption: Planning and
Development Director Brown explained the request and that the exemption will serve as
the local match for the Program. The City exemption is projected to be $5,192.00 and
the County exemption is projected to be $6,400.00, both will be for 10 years. He
reviewed the exemption process and proposed timeline. City Manager Greene noted
there may be need for a resolution similar to what was done for Project Rocket. Mayor
Randels noted the locations being considered and expounded on the tax exemption
process. A motion was made by Council Member Petsos, seconded by Mayor Pro
Tem Walsh, to support Staffs recommendation to forward the application to the
Brevard County Property Appraiser for review and reporting. The Council
Members expressed their support of the Project. 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.
9. Discuss and provide direction to Staff with respect to the Phased Conceptual
Plan for constructing a Doi Park at Manatee Sanctuary Park, construction of which was
approved by the City Council at its October 18, 2011 meeting: Leisure Services
Director Lefever reviewed prior actions on this item and the work necessary for Phase
One. Stottler Stagg and Associates Engineer John Pekar explained the stormwater
management activities needed for the Park. Mr. Lefever continued and explained
Phases Two and Three. Council Members' questions and comments included: the
need for a double-entry gate, restrooms, benches and water fountains for animals/
people; the increase in costs from prior estimates and the fact the figures were taken
from projects that were awarded in the local area within the past year; the requirements
of the National Pollution Discharge Elimination System (NPDES); that this Plan does not
include the relocation of the fence which adjoins the Wastewater Treatment Plant; the
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City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2012
Page 5 of 6
costs associated with moving the fence vs. the costs for modification of the rail; that
prior estimates were given without the assistance of the Engineer; the need to move the
fence 5 -10 feet from the walking trails; concerns that no one from "Friends of Laika"
were present; that the Park would not diminish the property values of the condominiums
in the area and it may make the units easier to sell; and the need for the Plan to be
more to the south of the tree line. Citizen comments included: the positive economic
impacts the Park could make for the community; the work to obtain the not - for - profit
status for a foundation; the lack of public restrooms in Phase One; that the stormwater
alterations were included in the proposed costs; whether the City can afford to spend
this money to build the Park; the establishment of a Non - Profit Organization called
"Friends of Laika" and the collection of funds to assist in the creation of the Park has
been held off due to the lack of commitment from the City to build the Park; a donation
of $100.00 from the Mayor to assist in forming the Organization; the desire for at least
$25,000.00 to be raised by others before the City would move forward with construction;
what the insurance costs will be and the prohibition of certain breeds; the fact that there
are only 320 licensed dogs in the City; the desire to have a firm commitment of
donations prior to the City making commitment to building a Park; the actions of citizens
during the Visioning effort to request the Dog Park and then to say the "Friends of
Laika" are responsible to raise the money or the City does not have to do what the
citizens have requested is wrong.
REPORTS:
10. Council
Council Member Bond reminded everyone of the Special Election on Tuesday, January
31, 2012. He thanked the Council Members for selecting him to fill the vacancy.
Mayor Pro Tem Walsh asked if anyone is planning to go to the FL League of Cities
2012 Legislative Action Days. Mayor Randels indicated he was planning to attend
some of the days. She noted the irrigation system in front of the Circle K Store across
from the entrance to Harbor Heights has a broken sprinkler head that needs to be
repaired.
Council Member Petsos reminded everyone of the Sea Oats Planting February 11th at 9
a.m. at Cherie Down Park.
Council Member Hoog asked for Council's concurrence to recognize Former Council
Member Morgan with a monument along Ridgewood Avenue. City Manager Greene
indicated the estimated cost is $1,500.00 for a base with inscription. Consensus was
reached to move forward with the monument/recognition of Mr. Morgan and that
Council Member Hoog work with the City Manager and the Morgan Family on the
location for same.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2012
Page 6 of 6
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:52 P.M.
Rocky Randels, MAYOR
Angela M. Apperson, MMC, City Clerk
SEAL of Cape Canaveral, Florida
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