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HomeMy WebLinkAboutMinutes 11-20-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY November 20, 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. Mayor reminded everyone to speak into the microphone ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member 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 Lieutenant Cape Canaveral Volunteer Fire Dept. Assistant Chief David L. Greene Anthony Garganese Angela Apperson John McGinnis Todd Morley Barry Brown Robert Lefever Jeff Ratliff Lonnie Dunn Alex Herrera John Cunningham OATH OF OFFICE: City Attorney Garganese administered the Oath of Office to Rocky Randels. SELECTION OF MAYOR PRO TEM: Mayor Randels opened the nominations. Council Member Hoog nominated Council Member Bond. Council Member Walsh nominated Council Member Petsos, who declined the nomination. Mayor Randels closed the nominations. The nomination carried unanimously, after a roll call vote. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2012 Page 2 of 7 PRESENTATIONS / INTERVIEWS: Interview Applicant Shannon Roberts for the Business & Economic Development Board: Attorney Garganese asked if the information on her application is true and correct, to which she replied in the affirmative. Ms. Roberts explained her desire to serve. Mayor Randels explained the mission of the Board, read the names of proposed members and noted six of the members are residents of the City. Interview Applicants Marlene Woodside and Barry Schoenholz for appointment to the Culture and Leisure Services Board: Attorney Garganese asked the applicants if the information on their applications is true and correct, to which they replied in the affirmative. Marlene Woodside and Barry Schoenholz explained their desire to serve. Interview Joanna Atwood for reappointment to the Library Board: Attorney Garganese asked Ms. Atwood if the information on her application is true and correct, to which she replied in the affirmative. Ms. Atwood explained her desire to serve and noted the impact volunteers make in the Library System. Recognition — Certificate of Achievement for Excellence in Financial Reporting: Mayor Randels explained the Certificate of Achievement, presented same to Finance Director McGinnis, who explained the team effort to achieve it. CITY ATTORNEY'S REPORT: Attorney Garganese reported on the progress of amending the Brevard County's Delegation of Authority Resolution to remove the requirement for the County to approve amendments to the CRA Plan. AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. City Manager Greene requested removal of item #6 and Council Member Petsos requested item #5 be removed. 1. Approve Minutes for City Council Budget Workshop Meeting of August 21, 2012 and Regular City Council Meeting of October 16, 2012. 2. Adopt Resolution No. 2012-28; reappointing a Member to the Library Board of the City of Cape Canaveral, Florida; providing for an effective date. (Joanna Atwood) 3. Adopt Resolution No. 2012-29; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral, Florida; providing for an effective date. (Marlene Woodside and Barry Schoenholz) City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2012 Page 3 of 7 4. Adopt Resolution No. 2012-30; appointing Members to the Business & Economic Development Board of the City of Cape Canaveral, Florida; providing for an effective date. (Birchel S. Brown, Omar Capellan, Bill Carroll, Melanie Evans, Jim Massoni, Shannon Roberts and Andrew Serafin). 5. Approve Construction Agreement with Joyal Enterprises, Inc., in the amount of $33,900 for the Buchanan Avenue Concrete Sidewalk Project. 6. Approve Development Agreement with Canaveral Properties, LLC for the phased development of a Port of Call Center and authorize the City Manager to execute the Agreement upon satisfaction of contingencies. A motion was made by Council Member Walsh, seconded by Mayor Pro Tem Bond, to approve Consent Agenda Item Nos. 1-4. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. #6 City Manager Greene explained recent developments which require changes to the Development Agreement. He requested Council approve the Development Agreement subject to Staff and the City Attorney working with the Property Owner/Developer to make the appropriate amendments. Mr. Greene indicated the various phases of this project will invest over 20 million dollars in the Community and expressed the consistency with the Community Visioning and the Council's Goals/Objectives. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of the Development Agreement. Discussion ensued and included further explanation of the proposed development, clarification of the possible changes and the development will conform to the standards of the Economic Development Overlay District. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. #5 Council Member Petsos expressed concern that people will continue to park across the sidewalk. City Manager Greene indicated parking across the sidewalk is an Ordinance violation. He indicated the Brevard County Sheriff's Office will continue to do everything possible to educate/inform the residents and, if necessary, issue tickets. Mayor Randels explained the Prime Path and the purpose to allow children to walk to school. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Bond, for approval. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 7. 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 City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2012 Page 4 of 7 (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, 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 Walsh, seconded by Council Member Petsos, to adopt Ordinance No. 18-2012. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. ITEMS FOR ACTION: 8. Adopt Ordinance No. 14-2012; adopting the amendments to the Annual General Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets for the Fiscal Year beginning October 1, 2011, and ending September 30, 2012; providing for an effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels provided further explanation. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 14-2012. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 9. Adopt Ordinance No. 16-2012; amending section 70-29 of the Cape Canaveral Code of Ordinances Related to the Public Service Tax, levying the Public Service Tax Authorized by Section 166.231, Florida Statutes, on the purchase of water service in the City of Cape Canaveral at a rate of ten percent (10%) of the cost of water service; providing for notification of the Florida Department of Revenue; providing for notification to the City of Cocoa; 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, provided a brief explanation, noted a change in the effective date and stated the Tax would be collected by the water provider/remitted to the City. Mayor Randels reviewed the City Council Goals and indicated this Ordinance will assist the City to meet them. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Hoog, to approve the Ordinance as written. Discussion ensued and included the Tax on the sale of water; how the Tax will produce approximately $85,000.00 for the remainder of this fiscal year; the revenue will be used for capital projects; the desire to find this money from within the existing budget rather than add an additional tax; this should be the last City suggested increase for the foreseeable future, unless something catastrophic occurs; the City is a very well-run business; the property taxes in Cape Canaveral are extremely low; the institution of this Tax spreads the cost among all water users rather than just the tax paying properties; that the revenue from parking meters would have been from individuals not living in Cape Canaveral; the difference between a single City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2012 Page 5 of 7 family rental and a condominium rental where the unit owners pay these types of fees because there is only one meter per building and the water bills are paid through the association fees. The motion carried three to two with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Council Member Walsh, Against. 10. Adopt Ordinance No. 20-2012; amending Chapter 54, Parks and Recreation, Article I, In General; adding Sec. 54-6 - Fishing; 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 54, Parks and Recreation; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date: Attorney Garganese read the revised Ordinance title into the record, explained same and noted the recommendation for approval from the Culture and Leisure Services Board. Mayor Randels further explained the need to regulate fishing for the safety, health and welfare of the residents. A motion was made by Council Member Walsh, seconded by Mayor Randels, to adopt Ordinance No. 20-2012. Discussion ensued and included: the impact/nuisance to the adjoining residents; the number of complaints; whether this creates an unnecessary law; whether the actions of these individuals could be addressed using existing ordinances; the need to protect individuals using the expanded area of the walking trail at Manatee Sanctuary Park from individuals fishing at the retention pond; how the proposed Ordinance would affect "wading fisherman"; installation of signage without the Ordinance would not be enforceable; that a sign should be installed indicating the park will be closed if individuals do not clean up after themselves; the City can regulate activities on City property by creating a policy for allowed activities and trespassing individuals who do not abide by the park rules; having the Sheriff's Office patrol the areas more and speak with those who may be violating the rules. The motion was withdrawn. 11. Adopt Ordinance No. 21-2012; amending Chapter 2, Administration, Article IV, Code Enforcement, Division 3 Code Enforcement Citations; amending the list of City Code provisions enforced through issuance of a civil citation to include City Code Section 94-6 Prohibited Signs and Features; 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 explained same. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Bond, to approve Ordinance No. 21-2012. Community & Economic Development Director Todd Morley explained the Ordinance needed to be amended to change the violation number because the prior Ordinance did not pass. The motion was amended to include the suggested change. Discussion ensued and included: the need to quickly address these types of violations; the process to give a warning notice to the alleged violator prior to issuing a citation and the Ordinance complies with the goals/objectives to streamline processes. The amended motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2012 Page 6 of 7 12. Adopt Ordinance No. 22-2012; Committing Fund Balance Reserves for specific purposes; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date: Attorney Garganese read the Ordinance title into the record and provided an explanation for same. A motion was made by Council Member Walsh, seconded by Mayor Pro Tem Bond, to approve Ordinance No. 22- 2012. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 13. Adopt Ordinance No. 23-2012, an Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida, amending Chapter 22 of the Code of Ordinances to create a new article related to community redevelopment; establishing a Redevelopment Trust Fund for the Cape Canaveral Community Redevelopment Agency; providing for the funding of a Redevelopment Trust Fund for community redevelopment within the Community Redevelopment Area; providing for administration of the Redevelopment Trust Fund; determining the tax increment to be deposited in the Redevelopment Trust Fund; establishing the base year for determining assessed values of property in the Community Redevelopment Area for tax increment purposes; providing for the annual appropriation of the tax increment by certain taxing authorities in the Community Redevelopment Area; appointing the governing body of the Community Redevelopment Agency as the Trustee of the Redevelopment Trust Fund; 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. A motion was made by Council Member Petsos, seconded by Council Member Hoog, to approve Ordinance No. 23-2012. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: 14. Council Council Member Hoog asked if the prisoners can edge the curbs throughout the City as in many areas the weeds prohibit water from flowing appropriately. City Manager Greene indicated Staff would contact the street sweeping company and request they do a better job. Council Member Petsos noted in some places trees prohibit the street sweeper from reaching the curb appropriately. City Manager Greene indicated Staff will follow up with tree trimming where the trees are in the right-of-way or with the property owner where they are not and if necessary edging will be done by hand. Council Member Walsh requested Code Enforcement action to have the dead Red Bay tree removed at the property across the street from the City Hall Annex. She asked for clarification as to the next steps to address fishing at Center Street Park. City Manager City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2012 Page 7 of 7 Greene indicated Staff and the City Attorney's Office will prepare a policy statement to be presented at a future meeting. Also, the Sheriff's Office will have extra patrol at the park and make contact with individuals who are creating an unsafe situation or leaving trash. Council Member Walsh wished everyone a Happy Thanksgiving. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:15 P.M. Angela M. Apperson, MMC, Assistant City Manager/City Clerk Rocky Randels, Mayor SEAL of Cape Canaveral, Florida