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HomeMy WebLinkAboutMinutes 07-16-2013CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 16, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:07 P.M. The pledge of allegiance was led by Mr. Wes Morrison. Mayor Randels reminded everyone to speak into the microphone. ROLL CALL: Council Members Present: Mayor Pro Tem John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager/City Clerk Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director Barry Brown Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Mike DeMorat PRESENTATIONS / INTERVIEWS: Interview Applicant Joseph H. Mathos for appointment to the Community Appearance Board: Attorney Anthony Garganese asked Mr. Mathos if all the information in his application is true and correct, to which Mr. Mathos replied in the affirmative. Mr. Mathos explained his desire to serve on the board; stated the look of the community is directly tied to the success of development/redevelopment; answered questions of the City Council. Council Members expressed their appreciation for his willingness to serve on the board. CITY ATTORNEY'S REPORT: Attorney Garganese updated the City Council on a recent Case from the 5th District Court of Appeals (DCA), which includes the City City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2013 Page 2 of 5 Council needing to follow the same criteria as the Review Board when serving in an appellate capacity. The City Manager will forward further information about the Case. AUDIENCE TO BE HEARD: Cocoa Beach Mayor David Netterstrom thanked the City Council and the Citizens for the contribution toward the fireworks display. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for City Council Meeting of June 18, 2013: 2. Resolution No. 2013-11 ; appointing a Member to the Community Appearance Board of the City of Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Joseph H. Mathos): 3. Approve Task Order in the amount of $123,155 to Baskerville-Donovan, Inc. for Architectural and Engineering Services related to the renovation of the main Wastewater Treatment Plant building and authorize the City Manager to execute same: 4. Approve Task Order No. 3 in the amount of $99,870 to Tetra Tech, Inc. for Phase I Engineering Design and Construction Monitoring Services related to the replacement of the sanitary sewer line between Lift Stations #9 and #2 and authorize the City Manager to execute same: 5. Award the Bid for Lift Station # 1 Improvements Project to Hinterland Group, Inc. in the amount of $148,890 and authorize the City Manager to execute the Construction Agreement for same: A motion was made by Mayor Pro Tem Bond, seconded by Council Member Walsh, for approval of the Consent Agenda. 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. PUBLIC HEARING: 6. Ordinance No. 08-2013; amending Chapter 90, Floods, of the Code of Ordinances related to construction site stormwater runoff control; making conforming amendments to Chapter 2, Administration; 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. Mayor Randels provided a brief explanation of the Ordinance. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 08-2013 on second reading. The Public Hearing was opened. No City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2013 Page 3 of 5 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. 7. Ordinance No. 10-2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to Vacation Resort Campuses; providing requirements for Vacation Resort Campuses; excluding Vacation Resort Campuses from the rental restrictions on dwelling units set forth in Section 110-487; 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, reviewed the change made to the Ordinance at first reading. Mayor Randels provided a brief explanation. Mr. Ken Ward, representing Cape Caribe Resort advocated for approval of the Ordinance. A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of Ordinance No. 10- 2013. 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. 8. Ordinance No. 09-2013; amending Chapter 78, Article II, Division 3 of the Cape Canaveral Code of Ordinances related to sanitary sewer system impact fees; revising sewer impact fee assessment procedures consistent with the findings and recommendations set forth in the City's Sanitary Sewer Impact Fee Report dated April 2013; 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 of same and the need for a Rate Resolution upon passage of the Ordinance. City Manager Greene provided additional information about the Ordinance, the rate calculation methods and the increase for laundry facilities. Mayor Randels reviewed the purpose for impact fees. A motion was made by Mayor Randels, seconded by Council Member Petsos, for approval of Ordinance No. 09-2013. Discussion ensued and included: Concerns that the reduction in impact fees could cause an increase in the rate structure if the impact fees are not enough to cover the costs of future expansion; the fact that the Impact Fees never covered the full costs of prior improvements/expansion; that the former Council ensured there is adequate capacity to serve the build out of the City; historical changes in impact fees; the projections of growth over the next twenty years indicate no capacity additions will be needed; concern over prior payments made by former developers; the reasons the rate study was done; the approximately 40% unused capacity, which can be added to by reducing the water infiltration. The Public Hearing was opened. John Grandlich expressed appreciation for the Council trying to solve the problem. Leo Nicholas stated anytime the impact fees were previously changed, a rate study was performed prior to the rate being established. He asked for the current capacity of the plant to which City Manager Greene indicated 1 .8 million gallons/day (mgd), with an annual average 1 .1 mgd. The City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2013 Page 4 of 5 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: 9. Resolution No.2013-12, adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Attorney Garganese read the Resolution title into the record and provided a brief explanation of same. Mayor Randels reminded everyone that the millage rate set today is the maximum rate possible. He stated the Council could lower the rate at the September 3rd meeting, with the final meeting on September 17th. A motion was made by Council Member Hoog, seconded by Council Member Bond for approval of Resolution 2013-12. City Manager Greene requested the Council provide direction as to the final tax rate and if that was the roll back rate, it could be accomplished by reducing the contingency. He urged Council not to advertise a higher millage if the ultimate goal is to use the roll back rate. The rate was discussed by the Council Members. Public comment included Mr. Mathos supporting the Council Members who are attempting to start new projects; however, he advocated holding the line and not raising taxes. Alice Filteau indicated many of her neighbors have either lost their jobs or had their hours reduced. She felt even this small increase would hurt many residents. Council discussion continued and included: the proposed 3% merit increase; the reduction in the contingency fund; the fact that monies not expended each fiscal year go to build the reserves; the possible acquisition of Cherie Down Park; and that the use of reserves to accomplish projects will not compromise the required emergency reserves. The motion and second were withdrawn. A motion was made by Council Member Walsh, seconded by Council Member Petsos, to approve the Resolution with an amendment to use the roll back rate of 3.9083. 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. Attorney Garganese requested clarification to ensure the calculations apply proportionally to each of the millage rates to reach the roll back rate, to which the Council agreed. 10. Discuss/approve Task Order No. 1 in the amount of $254,975 to GLE Associates, Inc. for Architectural and Engineering Services related to the design of a new City Hall and authorize the City Manager to execute same: City Manager Greene explained the project was budgeted for the current fiscal year. Council Members expressed concern with the construction portion of the Task Order and the proposed architectural style of the building. City Manager Greene suggested the Council approve the Task Order through item A2, in an amount not to exceed $150,000.00 and have further discussion on the style of the building through future meetings. Discussion ensued and included: that a new building is needed to improve the image of the City, increase efficiency by combining many employees into one building, improve air quality; City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2013 Page 5 of 5 provide adequate space for operations; use some of the reserve funds to offset the cost of any loan. A motion was made by Mayor Randels, seconded by Council Member Hoog, for approval of Task Order #1 in an amount of up to $150,000.00 to GLE Associates, Inc. for architectural and engineering services related to the design of a new City Hall and authorize the City Manager to sign same. 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: 11 . Council: None ADJOURNMENT: There being no further business, the Meeting adjourned at 7:53 P.M. Rocky Randels, Mayor Angela M. Apperson , MMC, Assistant City Manager/City Clerk SEAL of Cape Canaveral, Florida