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HomeMy WebLinkAboutMinutes 05-15-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY May 15, 2012 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:02 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 Pro Tem Betty Walsh Council Members Absent: Mayor Rocky Randels 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 Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant PRESENTATIONS / INTERVIEWS: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2011 — Presentation by Bernadette Britz-Parker, James Moore & Co.: Ms. Parker reviewed the highlights of the Comprehensive Annual Financial Report, which included: significant deficiencies; additional recommendations for improved financial controls and the fund balance policy. She thanked Staff for their assistance and answered Council Member questions. A motion was made by t t I City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2012 Page 2 of 6 Council Member Petsos, seconded by Council Member Hoog, to accept the Annual Audited Financial Statements. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. REPORTS: None AUDIENCE TO BE HEARD: Council Member Petsos presented a Certificate of Appreciation from the American Cancer Society, Relay for Life to the Sun, Space and Sea team, which was comprised of City Staff Members. The Certificate was accepted by Team Captain Angela Apperson, who thanked her team mates, Lonnie Dunn, Mia Goforth and Todd Morley. CONSENT AGENDA: Mayor Pro Tem Walsh inquired if any items are to be removed from the Consent Agenda for discussion. Council Member Bond requested removal of item four. 1. Approve Minutes for Regular City Council Meeting of April 17, 2012: 2. Appoint Public Works Services Director Jeff Ratliff as the Technical Advisory Committee (TAC) Member to the Space Coast Transportation Planning Organization (SCTPO), representing the City of Cape Canaveral: 3. Approve a Task Order with Baskerville-Donovan, Inc. (BDI) in the amount of $22,000 for the completion of (1) Surveying Services, (2) Engineering Design, (3) Permitting Services and (4) Bidding Documents for the Replacement of Force Main #3: 4. Approve Quote from Vanguard Southeast, LLC in the Amount of $28,000 for Replacement of the Detectable Warning Mats on the Pedway along the Western Side of Ridgewood Avenue: A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve Consent Agenda Item Nos. 1, 2, and 3. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For #4. Discussion included: concern over the present condition of the warning mats, which continue to lift from the asphalt pedestrian facility, the lack of uniformity in the test mat; whether Staff tried the same glue that is used to hold the reflectors in the roadway; the need for more documentation related to the quality of the product from other agencies using the proposed product; that concrete would cost approximately $47,000.00; the warranty period for the proposed product is 5 years; the need to inspect them prior to the expiration of the warranty; that the warranty runs with the manufacturer City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2012 Page 3 of 6 rather than the local company; and that the funding source for the replacement would be from reserves, just as it was with the original project. A motion was made by Council Member Bond, seconded by Council Member Hoog, to approve agenda Item #4. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. PUBLIC HEARING: 5. Properties in Foreclosure: a. 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, second reading: Attorney Garganese read the Ordinance title into the record and provided a brief overview of same. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 07-2012. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. b. Adopt Resolution No. 2012-08, establishing a registration fee for the registration and maintenance of properties in foreclosure, as required by Article V of Chapter 82 of the City Code; providing for the repeal of prior inconsistent resolutions, severability and an effective date: Attorney Garganese read the Resolution title into the record. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Resolution No. 2012-08. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. c. Authorize City Manager to execute Agreement with Federal Property Registration Corp.: A motion was made by Council Member Hoog, seconded by Council Member Bond, to authorize the City Manager to execute the Agreement. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. 6. Adopt Ordinance No 08-2012; amending Chapter 110, Zoning, of the Code of Ordinances; adding tattoo and body piercing establishments to the list of principal uses and structures in the M-1 Light Industrial and Research & Development District; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2012 Page 4 of 6 into the Code, severability, and an effective date, first reading: Attorney Garganese read the Ordinance title into the record; noted the recommendation of approval by the Planning and Zoning Board and provided a brief explanation of same. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance 08-2012 based upon the Planning and Zoning Board Review and unanimous approval. Council Member Bond questioned primary use vs. secondary use; to which Mr. Greene indicated a business would have to be in the M1 zone to have a secondary use and would have to meet the minimum separation from a Residentially Zoned property. It was noted this type of activity must be also licensed by the State. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 7. Ordinance No 09-2012; amending Article VI, Chapter 2, of the City Code related to Code Enforcement Citations; amending the list of City Code provisions enforced through issuance of a civil citation to include Chapter 62, Solid Waste; making conforming amendments to Chapter 62; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Discussion ensued and included a citation can be issued by a Law Enforcement or Code Enforcement Official rather than having to prepare a case and send it to the State Attorney's Office; the need to place stickers and/or warning signage on all the dumpsters and collection bins; that items have been strewn about private property by individuals scavenging through collection bins; the loss of revenue and ability to meet State mandated recycling goals for the City when others take the recycling materials, and the fine amount of $100.00. A motion was made by Council Member Hoog, seconded by Council Member Petsos, for approval of Ordinance No. 09-2012. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. 8. Discuss and provide direction to Staff with respect to the Starting times for Council Meetings: Mayor Pro Tem Walsh provided a brief explanation of the trial period, which started the meetings at 6:00 p.m. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Petsos, to have Staff draft an Ordinance to implement the change. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. 9. Consider a request from the United States Board on Geographic Names, United States Geological Survey to either recommend a geographic name or recommend leaving a barrier island in Brevard County unnamed: Council Comments supporting the City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2012 Page 5 of 6 naming after the Ais Indians and supporting leaving the barrier island unnamed were received. Mr. Frank Thomas, Melbourne Beach Town Historian noted the 500th Anniversary of the State and advocated for naming the Island to honor Ponce DeLeon for the discovery. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Petsos, to leave the Island un-named. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. REPORTS: 10. Council. Council Member Hoog: • Provided information about the Space Coast League of Cities Meeting. • Spoke about the regulation of taxi cabs and the liability issues and urged Staff to research any necessary changes to the City's Code. Mr. Greene indicated Todd Morley is working on changes to the Code. • The Fawlty Towers conversion to a nudist resort and the need to explore if the City needs changes to the Zoning regulations to prohibit this type of activity. • Noted cars backing up in front of the Villages of Sea Port while someone is attempting to enter their code to the gate. He indicated traffic gets tied up by individuals traveling south and waiting to turn left. Mr. Greene explained there is approximately 1 million dollars set aside for the improvements on N. Atlantic. When the 30% plans are received, Staff will review the entrances to see if any changes can be made to correct or lessen the situation. Council Member Petsos: • Questioned whether it would be beneficial to bring the utility billing back in house; to which Mr. Greene responded by explaining an official study has not been completed. However, he believes this would lead to the need for additional staff and with the limited space at City Hall that isn't possible at this time. He indicated the new budget contains strong recommendations for diversified revenue streams and focuses on the implementation of the CRA, the Overlay District and Brownfields. • Noted the off shore boat races are this weekend and inquired if there would be an additional presence on the beach by BCSO Deputies. Mr. Greene indicated the City is participating in advertising the event and the Sheriff's Office is going to be very active. He noted the bands playing at the Cove Market Place until 11:00 p.m., which is considered consistent with the City's noise Ordinance. He explained the cross advertising/marketing that is taking place with the City's website and electronic sign. • Urged Staff to pursue shared equipment agreement(s) with the County as mentioned by the County Manager at the Space Coast League of Cities Meeting. City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2012 Page 6 of 6 Council Member Bond explained there was a very positive change in the real estate market during the snow bird season. He noted the increase in condominium prices and felt there were good things ahead. Mayor Pro Tem Walsh echoed the comments made by Council Member Bond and thanked Assistant Fire Chief John Cunningham for his assistance during the time the main access to the Villages of Seaport was being re-painted to ensure proper access for emergency vehicles. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:18 P.M. Betty Walsh, Mayor Pro Tem Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida I