HomeMy WebLinkAboutMinutes 12-18-2012 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 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. Mayor Randels reminded everyone to speak into the microphones. He
thanked everyone for their attendance.
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
Assistant City Attorney
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Director
Planning & Zoning 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
Kate Latorre
Angela Apperson
John McGinnis
Todd Morley
Barry Brown
Jeff Ratliff
Lonnie Dunn
Alan Moros
John Cunningham
Advanced Institute for Elected Municipal Officials DEMO) Certificate of Completion to
Mayor Pro Tem John Bond. Mayor Randels presented the Certificate to Mayor Pro Tem
Bond, who provided a brief explanation of the training and expressed his feeling the City is
in fine shape.
CITY ATTORNEY'S REPORT: Assistant City Attorney Kate Latorre noted Brevard
County's approval of the Community Redevelopment Plan and amendment to the
Delegation of Authority Resolution so future revisions to the Plan will not have to be
City of Cape Canaveral, Florida
City Council Regular Meeting
December 18, 2012
Page 2 of 6
approved by the County. She wished everyone a Merry Christmas and Happy New
Year and conveyed the same on behalf of City Attorney Garganese.
AUDIENCE TO BE HEARD:
Joyce Hamilton asked if the present or proposed Ordinance establishes setbacks for
parking and/or cruise parking as 400 feet back from A1A and Central Avenue. A
lengthy discussion ensued and included the Port of Call Development Agreement
approved at the last City Council Meeting, the requirements of the Economic
Opportunity Overlay District; proposed regulations related to the storage of recreational
vehicles within 400 feet of A1A; the requirement for paved parking areas; whether the
use of asphalt millings qualifies as paved parking or meets the definition of macadam;
whether individual businesses have been treated with equality; whether a workshop or
special meeting was needed to further discuss these issues; whether an outside entity
is needed to look at the entire issue to see if there has been favoritism; and placing an
item on the January Meeting for further discussion so all issues can be heard.
Consensus was reached to move on with the meeting.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Mayor Pro Tem Bond requested removal of item number three.
1. Approve Minutes for City Council Meeting of November 20, 2012:
2. Approve the 2013 City Council Regular and Tentative Budget Meeting Schedule:
3. Approve 2.7% rate increase for Waste Pro of Florida, Inc. (Waste Pro) allowed by
Section 5.2 - Consumer Price Index (CPI) Adjustment in the Solid Waste Agreement
entered into with the City of Cape Canaveral (City) on August 9, 2009:
A motion was made by Council Member Walsh, seconded by Council Member
Petsos, to approve Consent Agenda Item Nos. 1 and 2. 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.
#3 Mayor Randels provided a brief explanation of the item. Mayor Pro Tem Bond
asked whether the possible amendments to the contract would make the agreement
more favorable to the City, to which City Manager Greene responded in the affirmative.
A motion was made by Mayor Pro Tem Bond, seconded by Council Member
Hoog, to approve. 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 18, 2012
Page 3 of 6
PUBLIC HEARING:
4. 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, second reading: Assistant City Attorney
Latorre read the Ordinance title into the record. Mayor Randels provided an explanation
of same. A motion was made by Council Member Petsos, seconded by Council
Member Walsh, for approval of Ordinance No. 14-2012. Council Member Walsh
noted the cost savings for electricity since the installation of the new equipment. 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. 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, second
reading: Assistant City Attorney Latorre read the Ordinance title into the record and
provided an explanation of same. A motion was made by Council Member Hoog,
seconded by Mayor Pro Tem Bond, for approval of Ordinance No. 16-2012. The
Public Hearing was opened. No comments were received and the Public Hearing was
closed. Discussion ensued and included: this tax is more equitable as it spreads the
costs over all water users; opposition from Council Members Petsos and Walsh; the
revenue will allow the City to implement the established goals. The motion carried 3-2
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.
6. 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, second reading: Assistant City Attorney Latorre read the Ordinance
title into the record. Mayor Randels provided an explanation of same. The Public
Hearing was opened. Charles Pindziak inquired if the Ordinance included an
amendment to correct what he perceives as a conflict between the City Ordinance and
the State Statute regarding "No Trespassing" signs. Community & Economic
Development Director Todd Morley responded in the negative and explained the
Ordinance concentrates on prohibited signs. Mr. Pindziak's allegation of a conflict was
discussed. The Public Hearing was closed. Discussion moved to: who will issue the
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City Council Regular Meeting
December 18, 2012
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citations; the level of involvement from Law Enforcement; the need to amend the
citation form; the requirement of the City Code to issue a warning prior to issuing a
citation; whether a Law Enforcement Officer/Code Officer could issue a citation from a
picture; the need to clarify the penalties for violations; Staff has been working with Code
Enforcement and Law Enforcement on the highest priority issues; and the use of
discretion by Enforcement Officers. A motion was made by Council Member Petsos,
seconded by Council Member Walsh, for approval of Ordinance No. 21-2012. 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.
7. 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, second reading: Assistant City Attorney Latorre read
the Ordinance title into the record. Mayor Randels provided a brief explanation of
same. The Public Hearing was opened. No comments were received and the Public
Hearing was closed. A motion was made by Council Member Walsh, seconded by
Mayor Pro Tem Bond, to adopt Ordinance No. 22-2012. Council Member Petsos
indicated he supports establishing the reserves and urged for more discussion
regarding the building of a New City Hall, to which City Manager Greene noted the item
was in the approved budget. 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.
8. Adopt Ordinance No. 23-2012; 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, second reading: Assistant City
Attorney Latorre read the Ordinance title into the record and provided a brief
explanation of same. The Public Hearing was opened. No comments were received
and the Public Hearing was closed. A motion was made by Council Member Petsos,
seconded by Council Member Walsh, for approval of 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 18, 2012
Page 5 of 6
9. Approval of the Community Redevelopment Plan (CRP) for the Cape Canaveral
Community Redevelopment Agency: City Manager Greene provided a brief explanation
of the events which brought the City to this point. A motion was made by Council
Member Hoog, seconded by Council Member Walsh, for approval of the
Community Redevelopment Plan. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. The need to establish a formal
relationship/inter-local/loan agreement between the City and the CRA was discussed.
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:
10. Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities: Council Member Petsos nominated Council Member Hoog, to which
he agreed to serve. Council Member Walsh noted, with her position as 1st Vice
President, the City will have two voting delegates. The nomination was seconded by
Council Member Walsh. The nomination carried unanimously, after a roll call vote.
Consensus was reached for Mayor Pro Tem Bond to serve as Alternate.
REPORTS:
11. Council
Mayor Pro Tem Bond urged for more individuals to attend the meetings and thanked
those who are in attendance. He noted the Christmas Tree Angel project, which
provides gifts to over 100 people and food/gifts to elderly residents and thanked the
Brevard County Sheriff's Office and the Canaveral Fire Rescue for their dedication to
this project.
Council Member Walsh thanked the Sheriff's Office and the Fire Department for their
work within the community during Christmas and Thanksgiving. She wished everyone a
Merry Christmas/Happy Hanukah and a safe, happy, prosperous New Year. Council
Member Walsh noted the Agenda Packets are on the website; they can answer
questions and encouraged viewing them prior to the meetings. City Manager Greene
indicated the Board Packets are also available on the website.
Council Member Petsos thanked Law Enforcement and Fire Service for going above
and beyond their duties to support the community. He wished everyone a Very Merry
Christmas and a Safe/Happy New Year. Council Member Petsos encouraged
elimination of the roll call vote and use a voice vote. Discussion ensued and included
whether the Charter requires a roll call vote and if the roll call vote is eliminated, the
minutes will continue to document the vote on each matter. Consensus was reached
to eliminate the roll call vote.
City of Cape Canaveral, Florida
City Council Regular Meeting
December 18, 2012
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Council Member Hoog wished all a Merry Christmas and Happy New Year.
Mayor Randels thanked all in attendance.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:25 P.M.
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
Rocky Randels, Mayor
SEAL of Cape Canaveral, Florida