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HomeMy WebLinkAboutMinutes 09-18-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 18, 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 Council Member Council Member Mayor Mayor Pro Tem Others Present: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City Manager City Attorney Assistant City Manager/City Clerk Building Official Planning and Development Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Commander Cape Canaveral Volunteer Fire Dept. Assistant Chief PRESENTATIONS / INTERVIEWS: David L. Greene Anthony Garganese Angela Apperson Todd Morley Barry Brown Robert Lefever Jeff Ratliff Lonnie Dunn Alan Moros John Cunningham Proclamation Designating September 29, 2012 through May 25, 2013 as the City's 50th Anniversary Celebratory Period: Mayor Randels read the Proclamation into the record. Mayor Randels provided information regarding the work performed by the Volunteer Advisory Boards and thanked all members for their service/work. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2012 Page 2 of 6 Interview Advisory Board Members for Reappointment to the: 1) Board of Adjustment: Linda Brown and Paula Collins: Attorney Garganese asked each candidate if the information on their application is true and correct, to which each replied in the affirmative. Ms. Brown explained the personal gratification she receives from seeing the development in the City that has come before the Board for action. Ms. Collins explained she enjoys serving on the Board and desires to continue to serve. Council Member Bond spoke in favor of re -appointing Ms. Brown and Ms. Collins to the Board 2) Code Enforcement Board: Lynn Mars and Mary K. Russell: Attorney Garganese asked each candidate if the information on their application is true and correct, to which each replied in the affirmative. Mr. Mars explained his service on the Board assists to keep the City looking good. Mrs. Russell explained her philosophy of enforcement and need to maintain one's property. She spoke about the advancement in dealing with repeat offenders. 3) Culture and Leisure Services Board: John Dattilo: Attorney Garganese asked Mr. Datillo if the information on his application is true and correct, to which he replied in the affirmative. Mr. Dattilo expressed his appreciation for Manatee Sanctuary Park, the Chili Cook Off and the enjoyment of participating in the Back Packs for School Children Project. Interview Applicants Bruce Collins and John Price for the Planning and Zoning Board: Attorney Garganese asked each candidate if the information on their application is true and correct, to which each replied in the affirmative. Mr. Collins explained he previously served on the Planning & Zoning Board and enjoyed it. He spoke of urbanism and the need to establish rules for development. Mr. Price explained his desire to get involved with the planning of the City to ensure it continues to be a great place to live. Mayor Pro Tem Walsh commended Mr. Price for his statement on his application which expresses his desire to help the City grow and prosper, while maintaining a quiet/peaceful community. Council Member Bond inquired as to Mr. Price's teaching background, to which Mr. Price replied he has taught electronics and computer systems. Interview Applicant Birchel S. Brown for the Business and Economic Development Board: Attorney Garganese asked Mr. Brown if the information on his application is true and correct, to which he replied in the affirmative. Mr. Brown explained his desire to support the City as it develops/redevelops. He supports keeping jobs within the United States and hopes to help the existing businesses, as well as attract new businesses, all which will help to create jobs. Mayor Randels reviewed the role of the Business and Economic Development Board and noted the residency requirements. Council Member Bond asked if the Council would be willing to interview Mrs. Evans for service on the Business and Economic Development Board. It was decided to hold off until the next meeting, to allow the Council to review her application. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2012 Page 3 of 6 Report by Kimley-Horn and Associates, Inc. on the status of the Communitv Redevelopment Plan for the Cape Canaveral Community Redevelopment Area: Kelley Klepper reviewed the history of Community Redevelopment Areas; the creation of the Finding of Necessity; Brevard County's delegation of Authority for the City to create a CRA; what items are required in the Community Redevelopment Plan; and the need to review the Plan yearly and make necessary adjustments. He explained the decrease in taxable value of the properties within the City over the past four years; that Tax Increment Finance dollars can only be spent within the CRA; the anticipated growth rate over the next few years; the need to develop a five and ten year capital program/projects list such as: facade grants, job creation/expansion grants, streetscape elements, catalyst projects with public/private partnerships, sidewalk and mobility projects; stormwater management, way -finding signage, and establishment of the Trust Fund. The following questions and answers were given: • How will this help the City? It is City/County tax dollars coming back to the City to benefit a specific area of the City. • Does creating a CRA mean additional or higher taxes in the area? No, it does not change the taxes, just how they are allocated to the City and the CRA. • What happens if the Community Redevelopment Agency takes a loan to accomplish projects and the tax dollars do not come back in as projected? The City is liable for the expenses. • Can the CRA take property for Economic Development Projects? No, the CRA is prohibited from using eminent domain for property acquisition. CITY ATTORNEY'S REPORT: None AUDIENCE TO BE HEARD: Tom Hermansen, on behalf of the Cocoa Beach Area Hotel and Lodging Association, presented a $3,250.00 check to the Police Athletic League for the purchase of a bus. He thanked the City Staff and Council for working hard to move the City forward over the last few years. He also recognized the work of the Staff of the Brevard County Sheriff's Office, Cape Canaveral Precinct. Leisure Services Director Robert Lefever indicated there are over 60 members of the Cape Canaveral Police Athletic League. Commander Moros credited Sgt Pikus and Robert Lefever for their hard work with the Program. It was noted the PAL meets on Tuesday evening at the Youth Center. Leisure Services Director thanked the City and Brevard County Sheriff's Office for their support of the Program. Steve Padgett asked if the Council was willing to put in writing they will not borrow money as a CRA Board. City Manager Greene indicated given the economic climate, there would be no CRA Bond. If necessary, a loan from the General Fund to the CRA could be considered. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2012 Page 4 of 6 CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. Council Member Hoog indicated he did not desire to remove item number five; however, he expressed concern that the low bid didn't work out a few years ago. City Manager Greene indicated appropriate due diligence was done to ensure this contactor is sufficient. Mayor Pro Tem Walsh indicated she has heard good recommendations of JB's Lawn Service. 1. Approve Minutes for Regular City Council Meeting of August 21, 2012: 2. Adopt Resolution No. 2012-22; reappointing Members to the Board of Adjustment; Code Enforcement Board; and Culture and Leisure Services Board. (Linda Brown, Paula Collins, Lynn Mars, Mary K. Russell and John Dattilo): 3. Adopt Resolution No. 2012-23, appointing Members to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Bruce Collins and John Price): 4. Approve a one year extension of the Professional Services Agreement with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344: 5. Approve the Professional Services Agreement with JB's Lawn Control, Inc. in the Amount of $181,058 for Mowing/Maintenance of City Landscaped Areas, Rights -of - Way, Water Reclamation Plant, and Lift Stations and the Mowing/Slope Mowing of the Central Ditch and Other Areas for FY 2012-2013: 6. Acceptance of Annual Inspection Report - Cape Caribe, Inc. Binding Development Agreement: A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve Consent Agenda Item Nos. 1-6. 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: 7. Adopt Ordinance No. 13-2012; amending Article IX of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to prohibit Donation Bins within the City; 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. A motion was made by Council Member Hoog, seconded by Council Member Petsos, for approval of Ordinance No. 13-2012. The Public Hearing was opened. No comments City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2012 Page 5 of 6 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. 8. Discuss Resolution No. 2012-21; designating certain real property in the City of Cape Canaveral identified on Exhibit "A" as a Florida Brownfield Area for the purpose of environmental remediation, rehabilitation, and economic development; authorizing the City Manager to notify the Florida Department of Environmental Protection of said designation; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Mayor Randels explained the public notices for this item. Attorney Garganese read the Resolution title into the record. Planning and Development Director Brown explained this is the first of two required Public Hearings. He explained the designation is an economic development designation. The property involved is primarily zoned commercial and industrial. He indicated the designation does not signify there is property contamination. Mr. David Goldman reviewed the State program/process to establish a Brownfield Area and the EPA's Brownfields Program, which can be applied for after the creation of the local area. Discussion ensued and included whether the designation would affect the sales price of property. Council desired for Staff to obtain a written opinion from a property appraiser. The Public Hearing was opened. Ms. Gail Doscher expressed concerns of perceived contamination by the designation; difficulty securing loans, and having too much affordable housing within the City. Planning and Development Director Brown responded to concerns of affordable housing by explaining the Commercial and Industrial zoning prohibits residential uses. Mr. Goldman explained difficulty securing loans or insurance only occurs when the property is proven to be contaminated. It was stated the Florida Statue requires the advertisement of the Brownfield Area; however, the designation does not have to be called a Brownfield Area; it could be any name, an example would be the Cape Canaveral Economic Enhancement Area. ITEMS FOR ACTION: 9. Adopt Ordinance No. 17-2012; amending Chapter 38, Fire Prevention and Protection, of the Cape Canaveral Code of Ordinances related to Public Fire Protection Service Charges, 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 an explanation of same. A motion was made by Mayor Randels, seconded by Council Member Petsos, to adopt Ordinance No. 17-2012. Discussion included that the tax payers currently pay this fee; whether this could be added to the tax bill rather than the utility bill; the need to diversify the revenue stream; that some residents pay no taxes and this would spread the costs to all individuals; this is a fee, not a tax and therefore cannot be placed on the tax bill; that the City previously elected to pay this fee and now each utility customers who receives the direct benefit will pay their portion of the fee. Mayor Randels read the Ordinance title into the record. The motion carried 5-0 with voting City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2012 Page 6 of 6 as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 10. The Mayor and City Council discuss/announce scheduling of the required Brownfield Public Hearing for the October 16, 2012 City Council Meeting at 6 pm in the Library Meeting Room at 201 Polk Avenue: A motion was made by Council Member Bond, seconded by Mayor Pro Tem Walsh, to set the next Public Hearing as October 16, 2012 at 6 pm. 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. Mayor Pro Tem Walsh explained she attended the Friday Fest in Melbourne, it was nice; however, it was not as well attended as the City's. She requested Council consensus to review the Building Height definition to prohibit artificially raising of the grade to allow the measurement of a building from the new grade rather than the road. A brief discussion ensued. Consensus was reached to have the Planning and Zoning Board study the definition of height and provide a recommendation to the City Council. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:07 P.M. Rocky RandeIs, Mayor Angela M. Apperson, MMC, Assistant City Manager/City Clerk SEAL of Cape Canaveral, Florida