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HomeMy WebLinkAboutMinutes 04-17-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY April 17, 2012 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 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 Building Official Todd Morley Planning and Development Director Barry Brown Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Lieutenant John Boyd Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PRESENTATIONS / INTERVIEWS: Proclamation Designating the Week of April 29 - May 5, 2012 as "Municipal Clerks Week": Mayor Randels read the proclamation and presented it to Ms. Apperson. She thanked the City for the proclamation and stated that without the Staff at City Hall, the accomplishments noted could not have been achieved. Appoint Applicant Mary Jo Tichich to the Community Appearance Board: Mayor Randels indicated the Board recommends Ms. Tichich be appointed as a Board Member. Attorney Garganese asked Ms. Tichich if all information in her application is true and correct, to City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 2 of 6 which she responded in the affirmative. Council Members expressed their appreciation for her desire to volunteer on the Board, as well as her work at City Hall. Appoint Applicant Arvo Eilau to the Board of Adiustment: Mayor Randels noted Mr. Eilau's prior service as an alternate on the Board, as well as the Board recommendation for appointment as a regular member. Council Member Bond advocated for the appointment and explained his interactions with Mr. Eilau while serving on the Board. Council Members expressed their appreciation of his desire to continue serving on the Board. Mayor Randels provided a brief explanation of the Board's duties. CITY ATTORNEY REPORT: Attorney Garganese asked in furtherance of the Attorney Client Session that Council add the Cape Winds Settlement agreement to the Agenda. Consensus was reached by Council to add the item to the Agenda. AUDIENCE TO BE HEARD: The only comment received was related to the need for adjustment to the public address system. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. 1. Approve Minutes for Regular City Council Meeting of March 20, 2012: 2. Adopt Resolution No. 2012-03; Appointing a Member and reappointing Members to the Community Appearance Board of the City of Cape Canaveral, Florida; providing for an effective date. (Mary Jo Tichich, Randy Wasserman and Rosalie Wolf): 3. Adopt Resolution No. 2012-07; Appointing a Member to the Board of Adjustment of the City of Cape Canaveral, Florida; providing for an effective date. (Arvo Eilau): 4. Approve Purchase of Pumper Fire Truck as Included in FY2012 Capital Budget Line Item for Fire Department Equipment: A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Walsh, for approval of 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. 1 City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 3 of 6 PUBLIC HEARING: 5. City of Cape Canaveral Sewer System Rate Study-February 2012: a. Adopt Ordinance No. 04-2012; amending Article IV of Chapter 78 related to the City's Reclaimed Water Utility; providing that reclaimed water rates shall be established by Resolution of the City Council; establishing a new equivalency basis for reclaimed water service levels; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels explained the purpose of the Rate Study and noted the new rate for reclaimed water service. The Public Hearing was opened. Rebecca Rowe questioned the rates for reclaimed water and how it would be charged, to which Mayor Randels responded. John Grandlich, President, Ron Jon/Cape Caribe, explained how the existing rate structure negatively impacts their facility. He advocated for passage of the Ordinance. Mayor Randels further explained the former additional charges to the commercial customers that were not charged to residential customers. The Public Hearing was closed. Council Member Petsos noted the use of grant money to pay for the reclaimed water infrastructure and was opposed to sending free water to the City of Cocoa Beach and Port Canaveral. City Manager David Greene indicated he will address the cost of water with the Port and Cocoa Beach. A motion was made by Mayor Randels, seconded by Mayor Pro Tem Walsh, for adoption of Ordinance 04-2012. The motion carried 4 to 1 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tem Walsh, For. b. Adopt Ordinance No. 05-2012; amending Article III of Chapter 78 related to service rates, deposits and billing procedures for the City's Sanitary Sewer System; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date, at second reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. A motion was made by Council Member Petsos, seconded by Council Member Hoog, to approve Ordinance No. 05-2012. 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. c. Adopt Resolution No. 2012-05; establishing the City's Reclaimed Water Utility Rates in accordance with Article IV of Chapter 78 of the City Code; providing for the incorporation into Appendix B, Schedule of Fees, of the Cape Canaveral Code of Ordinances; providing for the repeal of prior inconsistent Resolutions; incorporation into Appendix B; severability; and an effective date: Attorney Garganese read the Resolution title into the record and provided a brief explanation of same. A motion was made by Council Member Hoog, seconded by Council Member Bond, to approve Resolution No. 2012-05. The motion carried 4 to 1 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 14 City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 4 of 6 d. Adopt Resolution No 2012-06; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article Ill of Chapter 78 of the City Code; establishing a new customer classification for rental property; providing for the repeal of prior inconsistent Resolutions; incorporation into Appendix B; severability; and an effective date: Attorney Garganese read the Resolution title into the record and provided a brief explanation of same. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Resolution No. 2012-06. Council Member Bond noted his vote for the new fees is due to the deferred maintenance and upgrades needed to the system and the "indefensible" position the City is in by charging commercial customers three times more than residential customers; and lack of tax dollars to make the necessary improvements . 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. 06-2012; amending Chapter 110, Zoning, of the Code of Ordinances to repeal zoning regulations regarding the permitted location of "Resort Condominiums" and "Resort Dwellings" now collectively known as "Vacation Rentals" pursuant to Florida statutes; making conforming amendments to Section 2-283; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date, at second reading: Attorney Garganese read the Ordinance title into the record and provided explanation of same. Mayor Randels further explained the repeal of the Ordinance does not change the need for a State License, compliance with the Fire and Building Code, an annual fire inspection and the Local Business Tax Receipt. The Public Hearing was opened. Mark Filteau indicated he was also speaking on behalf of Alice Filteau, John Anderson and Magee McGee. He advocated for passage of the Ordinance and spoke for the restoration of the right to rent their property, should they so desire. Mr. Filteau also noted the "black market" rentals may be more inclined to adhere to regulations once this Ordinance is repealed. Leo Nicholas expressed his understanding that the Ordinance was originally passed to protect the residential nature of the community and to give equity to the hotels and time shares. He felt Code Enforcement will not be effective because of the lack of Staff and advocated for the implementation of protection mechanisms for the residents. Joyce Hamilton expressed her understanding that property owners still have to have the same licensing and the properties must meet the same standards as they did under the existing Ordinance. The Public Hearing was closed. Discussion ensued and included: the belief that the repeal of this Ordinance will set the City back; the penalties for individuals who rent without appropriate licensing depend upon the type of violation; the repeal of this Ordinance will pit neighbor against neighbor; the problems enforcing the existing Ordinance; that individuals who rent property still need to have a Business Tax Receipt; the need to continue to ensure all life/safety codes are being enforced and inspected annually; and the need to monitor the State's website to look for individuals who have not received a Business Tax Receipt. A motion was made by Mayor Randels, seconded by Council Member Hoog, to approve Ordinance No 06-2012. The motion carried 4-1 with voting as 1 i 1 City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 5 of 6 follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 7. Adopt Ordinance No. 07-2012; relating to the registration of properties in foreclosure; amending Chapter 82, Buildings and Building Regulations, of the Cape Canaveral Code of Ordinances by creating a new Article V, Registration and Maintenance of Properties in Foreclosure; providing for purpose and intent, definitions, registration requirements, maintenance requirements, security requirements, penalties, supplemental authority and other related provisions; 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 explanation of same. Discussion ensued and included: that 61% of Code Enforcement cases involve properties under foreclosure; the benefits of partnering with Federal Property Registration Corporation (FPRC); during the time the property is going through the foreclosure action, there are typically voids between the time the owner moves out and the foreclosure is completed; what happens if the company fails to register the property; whether a lien is filed if the property is not registered; that having a property registration program has made it easier for many cities to achieve compliance; that FPRC is the only company nation-wide performing this service. A motion was made by Council Member Petsos, seconded by Mayor Pro-Tem Walsh, for approval of Ordinance No. 07-2012. 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. 8. Discuss request to make a financial contribution towards a research trip for University of North Florida student Arthur Tarratus, under the supervision of Department of History Professor Dr. J. Michael Francis, to the General Archives of the Indies in Seville, Spain — City Historian: Mr. Ray Osborne explained his request to learn more about the history of the area. Discussion ensued and included: Brevard County has referred Mr. Osborne to the Tourist Development Council; that this is not an appropriate use of tax dollars; whether the City could sponsor some type of fund raising event; whether facility use fees could be waived for functions planned by Mr. Osborne or City equipment could be used at such events; and any donations would be sent directly to the not-for-profit fund under the control of Dr. Francis. No action was taken. 9. Consider Chase Home Finance, LLC's Application for Satisfaction or Release of $98,250.00 Code Enforcement Lien, Case No. 2008-00127, 8740 Croton Court: Mayor Randels noted the request is to reduce the lien from $98,250.00 to $9,825.00. Attorney Tyler Mesmer, representing Chase Home Finance LLC, explained the bank's position and requested a lien reduction. He reviewed events leading to the lien which included the prior owner abandoning the property with the roof problems; the undisclosed compensation to the adjoining property owners for the damage to their property; and the $28,000.00 in repair work done to bring the property into compliance. Mr. Mesmer i 1 i City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 6 of 6 indicated the property is only appraised at $74,000. He responded to questions/statements made by the Council Members. A motion was made by Mayor Randels, seconded by Council Member Hoog, to deny the application. 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 10. Proposed Settlement Agreement in the Case of Cape Winds vs. City of Cape Canaveral: Attorney Garganese requested the Council approve the Settlement Agreement as presented and provided an overview of same. A motion was made by Mayor Randels, seconded by Council Member Bond, to approve the Settlement Agreement with Cape Winds. 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: 11. Council. Council Member Hoog commended the Public Works Staff for their excellent work on the Jefferson Avenue Dune Cross-Over. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:32 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida 1