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HomeMy WebLinkAboutMinutes 10-16-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 16, 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 Finance Director Community & Economic Development Director Planning & Zoning 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 John McGinnis Todd Morley Barry Brown Robert Lefever Jeff Ratliff Lonnie Dunn Alan Moros John Cunningham A Resolution of the Board of Directors of the Florida League of Cities, Inc., honoring Rocky Randels for twenty-five years of Elected Service, and commending him for his unselfish commitment to Municipal Leadership and Governance: FLOC Representative John P. Ligon presenting: John Ligon read the Resolution of the Board of Directors of the Florida League of Cities, Inc. into the record. He presented a framed copy of the Resolution to Mayor Randels, who thanked the citizens for support over the years. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2012 Page 2 of 6 Proclamation Designating the Week of October 21 - 27, 2012 as Florida City Government Week: Mayor Randels explained the events for the Students of Cape View Elementary and read the Proclamation into the record. Interview Joanna Atwood and Mary Ernst for reappointment to the Library Board: Attorney Garganese asked Ms. Ernst if the information on her application was true and correct, to which she responded in the affirmative. Mary Ernst explained her involvement in the Board over the years and explained the book sale. Interview Applicants Omar Capellan, Bill Carroll, Melanie Evans, Jim Massoni, and Andrew Serafin for the Business and Economic Development Board: Mayor Randels explained the interviews for this Board will span over three months, with a Resolution confirming the appointments being adopted on November 20, 2012. Attorney Garganese asked each applicant if the information on their application is true and correct, to which each responded in the affirmative; with the exception of Mr. Serafin who indicated a change in residency from 3/10 to 5/10. Each candidate explained their background and desire to serve on the Board to help retain/attract new businesses to the City. Council Members thanked applicants for their desire to serve. As part of a brief discussion on moving the City forward, City Manager Greene explained the progress on the North Atlantic Avenue Improvements and expressed the desire to be under construction mid next year. CITY ATTORNEY'S REPORT: City Attorney Anthony Garganese explained the Royal Mansions case has been dismissed by the Court. He noted the City Manager, Staff and he will meet with Royal Mansions Representatives. AUDIENCE TO BE HEARD: Annette Taylor noted the transitional awareness mats installed along A1A are causing more problems and are a hazard to people. The City will send a letter to Florida Department of Transportation requesting corrective action. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. Items 2, 5 & 6 were removed. 1. Approve Minutes for Special City Council Meeting of September 4, 2012; and Special City Council Meeting and Regular City Council Meeting of September 18, 2012: 2. Adopt Resolution No. 2012-25; reappointing Members to the Library Board of the City of Cape Canaveral, Florida; providing for an effective date. (Joanna Atwood and Mary Ernst): 3. Adopt Resolution No. 2012-26; concerning Amendment 4 to the Florida Constitution which, if adopted, would create additional inequities in Florida's tax system City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2012 Page 3 of 6 by granting certain tax breaks to some taxpayers at the expense of other taxpayers; providing for an effective date: 4. Adopt Resolution No. 2012-27, supporting and endorsing State Economic Development Project, L-3 IEC, as a Qualified Targeted Business; committing local financial support to the Qualified Targeted Industry Tax Refund Program pursuant to Florida Statute 288.106; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: 5. Approve Release of the Outstanding Code Enforcement Lien for Case No. 2011- 00082, 417 Polk Avenue, Property Owners Mark and Kelly Palace, in the amount of nineteen thousand nine hundred and fifty dollars ($19,950): 6 Approve contract for Ovivo USA, LLC in the amount of $178,087 for rebuilding two (2) Clarifiers at the Wastewater Treatment Plant: A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve Consent Agenda Item Nos. 1, 3, and 4. 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. #2: Attorney Garganese explained the Resolution requires an amendment to remove Ms. Atwood, as she was not interviewed. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Walsh, to approve the Resolution excluding Joanne Atwood. 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. # 5: The applicant's position that they were unaware of the lien because the property was purchased at the courthouse auction, no title agent was used, a permit was issued by the City with no one notifying them the lien was accruing and the need to recoup the City's Costs of $2,100. were discussed. A motion was made by Mayor Randels, seconded by Council Member Hoog, that we offer to settle for the $2,100. which is the actual cost that we have spent for Attorney/Staff time and forego the total amount of $19,950. minus $2,100. that is out of pocket expenses for us. Attorney Garganese recommended a partial release of the lien so the remaining balance is still on the books under the original violator's name. The recommendation was discussed. The motion and the second were amended for a partial release of the lien in the amount of $2,100. 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: Attorney Garganese explained the need for an amendment to the terms and conditions of the contract. He requested approval of the contract subject to the City Manager and the City Attorney finalizing the terms of the contract. A motion was City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2012 Page 4 of 6 made by Council Member Petsos, seconded by Mayor Pro Tem Walsh, to approve subject to the finalization of the terms and conditions of the contract. 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. 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, second reading. Attorney Garganese read the Ordinance title into the record and explained same. Mayor Randels noted the Ordinance amendment to remove the language requiring a Resolution to set the rate. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No, 17- 2012 at Second Reading. The Public Hearing was opened. An unidentified audience member asked for further explanation of the fee. Attorney Garganese responded the Ordinance will impose the fee on all water customers and the cost will be $1.75 per utility account. This shifts the cost proportionally to the water customers instead of the tax payers/property owners. Ms. Taylor spoke of the $500. charge to connect to the reclaimed water system. Attorney Garganese indicated this Ordinance does not address the reclaimed water system. 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. Adopt Resolution No. 2012-21; designating certain real property in the City of Cape Canaveral identified on Exhibit "A" as a Florida Brownfield Area known as the "Cape Canaveral Economic Enhancement District ("CCEED")" for the purpose of environmental remediation, rehabilitation and economic development; authorizing the city manager to notify Florida Department of Environmental Protection of said designation; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: Attorney Garganese read the Resolution title into the record and noted the need for a public hearing. Planning and Zoning Director Barry Brown reviewed the Resolution, the steps taken to date and the following questions/answers: 1. Whether the Brownfield Area designation will affect the property value? No, it does not affect the appraised value of a property. 2. Will the City be able to control development of affordable housing projects? The Zoning Code establishes the control over affordable housing. It does not allow residential developments in Zoning Districts C2; Industrial; or C1 along the A1A corridor. Residential developments require a Special Exception in the C1 Zoning District along North Atlantic Avenue. The zoning of several properties along North Atlantic Avenue allow multi -family projects as a principal use without any further approvals from the City, provided the project meets the requirements of the City Code of Ordinances for size, height and setbacks. 3. How do I City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2012 Page 5 of 6 opt out and by what date? Any property owner desiring to opt out must do so in writing before adoption of the Resolution creating the District. A motion was made by Council Member Hoog, seconded by Council Member Bond, for approval of Resolution No. 2012-21. The Public Hearing was opened. Ms. Taylor asked if her property on Long Point Road was included in the District, to which Mr. Brown replied only the commercial properties along Long Point Road are included. An unidentified audience member asked, what other cities along the beach have designated Brownfield Districts and how a property can be included in the District. Planning and Zoning Director Brown indicated Cocoa, Titusville, Rockledge, Melbourne, West Melbourne and Brevard County have Brownfield Area Designations. The same steps followed for the creation of the District would need to be followed to add a property to the District. He noted several properties requested removal from the District and the exhibit to the Resolution was amended accordingly. 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. ITEMS FOR ACTION: 9. Adopt Ordinance No. 18-2012; amending Chapter 2, Administration, Article V, Finance, Division 1, generally, of the Cape Canaveral Code of Ordinances; implementing a reclassification of City Reserves to enhance the usefulness of the Fund Balance Reporting in accordance with Governmental Accounting Standards Board (GASB) Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions; 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; explained the need to adhere to GASB Statement 54 and provided an overview of the Ordinance. Finance Director John McGinnis added further explanation of its purpose. The Ordinance was discussed. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Petsos, for adoption of Ordinance No. 18-2012. 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. REPORTS: 10. Council Council Member Bond urged residents to carefully review the proposed constitutional amendments as some of them will affect taxes in future years. Council Member Petsos spoke of Relay for Life and noted the Captain of the City Team is Angela Apperson. He challenged Council Members to participate. Ms. Apperson explained the team is not just for Staff Members and encouraged citizen participation. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2012 Page 6 of 6 Council Member Petsos noted Mayor Pro Tem Walsh was nominated for 1st Vice President of the Space Coast League of Cities ADJOURNMENT: There being no further business, the Meeting adjourned at 8:05 P.M. Rocky Randels, Mayor Angela M. Apperson , MMC, Assistant City Manager/City Clerk SEAL of Cape Canaveral, Florida