HomeMy WebLinkAboutMinutes 08-20-2013CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 20, 2013
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:03 P.M. and led the pledge
of allegiance. 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
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PRESENTATIONS / INTERVIEWS:
Interview Bruce Collins, John Price and R. Lamar Russell for reappointment to the
Planning and Zoning Board: Attorney Garganese asked all applicants if the information on
their application is true and correct, to which each replied in the affirmative. Each
applicant then explained their reasons for serving the City as a member of the Planning
and Zoning Board. Mr. Russell's book "Lessons Learned in Planning & Zoning" was noted
and he explained the zoning along the shorelines has remained constant over the last fifty
years. Council Members thanked the applicants for their service.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page 2 of 5
Proclamation designating September 19, 2013 as "It Can Wait National Day of Action":
Mayor Randels explained the mobile phone providers encourage individuals not to text
and drive and sponsored the proclamation, which he read into the record.
CITY ATTORNEY'S REPORT: Attorney Garganese noted he is reviewing the rules of
procedures to ensure they are in compliance with a new law which mandates the public
be given an opportunity to speak on agenda items.
AUDIENCE TO BE HEARD: Joyce Hamilton expressed compliments related to the
operation of summer camp. Leisure Services Director Gustavo Vergara explained
changes made to the program to serve more children and partner with the Library for an
educational component.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. No items were removed.
1. Approve the July 16, 2013 Minutes for the City Council Budget Workshop and
Regular Meetings.
2. Resolution No. 2013-14; amending Appendix B, Schedule of Fees, of the Cape
Canaveral Code of Ordinances to establish the Site Development Permit Fee; providing
for the repeal of prior, inconsistent resolutions, incorporation into Appendix B of the
Cape Canaveral Code of Ordinances, severability, and an effective date.
3. Resolution No 2013-15; reappointing Members to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Bruce Collins, John Price and R. Lamar
Russell).
4. Approve the First Addendum to Professional Services Agreement with JB's Lawn
Control, Inc. in the amount of $184,478 and authorize the City Manager to execute
same.
5. Approve annual extension of the Fertilization, Insect, Disease, Weed Control and
Pest Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest
Control, Inc. and authorize the City Manager to execute same:
A motion was made by Council Member Walsh, seconded by Council Member
Hoog, to approve the five items on 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page 3 of 5
PUBLIC HEARING:
6. 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, second reading:
Attorney Garganese read the Ordinance title into the record. Mayor Randels provided a
brief overview. A motion was made by Council Member Petsos, seconded by
Mayor Pro Tem Bond, for approval of Ordinance No 09-2013 on second reading.
The Public Hearing was opened. Leo Nicholas reviewed his understanding of the
purpose of impact fees. He asked if the City has any delinquent impact fees, to which
Mr. Greene responded there is one Mr. Nicholas asked if the delinquent fees would be
settled under the old fee schedule or the new one Mr. Greene indicated it will depend
upon when the dispute over the fees is settled. The Public Hearing was closed.
Council Members comments related to the purpose of impact fees was growth needs to
pay for itself; the new fee schedule will be lower for most; however, certain businesses
will receive an increase; the loans taken for upcoming projects. Mr. Greene indicated
the majority of the projects are not eligible for use of impact fees because they are
maintenance in nature and not expansion of capacity; the new rate structure will allow
the use of impact fees by requiring a set aside of money for maintenance/repair of the
existing facilities. A brief discussion ensued. 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. Resolution No 2013-13; adopting the sanitary sewer impact fee report prepared
for the City of Cape Canaveral by Raftelis Financial Consultants, Inc., dated April 2013;
amending Appendix B, Schedule of Fees, in accordance with the report's
recommendations; providing for repeal of prior inconsistent resolutions, incorporation
into Appendix B of the Cape Canaveral Code of Ordinances, severability, and an
effective date: Attorney Garganese read the Resolution title into the record. A motion
was made by Council Member Hoog, seconded by Council Member Walsh, For
Resolution No 2013-13. 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:
Consider Application for Satisfaction or Release of $3,100.00 Code Enforcement Lien,
Case No 2010-00123, 213 Pierce Ave., Unit D: Mr. Andres Gonzalez, speaking on
behalf of owner Mr. Juan S. Gonzalez, answered questions. City Manager Greene
explained the actions of the Code Enforcement Board to reduce the lien to $500.00 and
Staffs recommendation for a reduction to $2,000.00, which makes the City whole. A
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page 4 of 5
motion was made by Council Member Petsos, seconded by Council Member
Walsh, to support Staffs recommendation. Andres Gonzalez noted the expenses to
get the residence back into compliance. Discussion ensued and included: the fact that
the individuals truly responsible for the violations never seem to be held accountable;
the appreciation of the work the property owner has done to fix the property up; and the
fact the lien was recorded after the foreclosure process began. The motion carried 4-1
with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For;
Council Member Petsos, For; Mayor Randels, Against; and Council Member
Walsh, For Attorney Garganese explained the reduced lien must be paid within thirty
days or the entire lien amount will be due, to which Andres Gonzalez responded with his
affirmative understanding.
REPORTS:
9. Council
Mayor Pro Tem Bond reported on his attendance at the Florida League of Cities
Conference. He spoke of money returned to a developer by the former administration
which he believes should have stayed with the City and indicated the City Manager was
looking into the situation.
Council Member Walsh reported a dead sea turtle on the beach in front of Villages of
Seaport. She indicated once tagged and any nests located, the City will be notified to
bury the turtle.
Council Member Petsos noted new legislation which requires all contractors conform to
the public records laws and expressed concern that this would increase the cost of
contracts or deter firms from doing business with the City. Attorney Garganese
indicated the law has always required contractors provide records related to work done
on behalf of the City; the new law requires this be addressed in the contract. A brief
discussion ensued, but no action was taken.
Council Member Petsos also noted his attendance at the Florida League of Cities
Conference.
Council Member Hooq reported on his attendance at the Florida League of Cities
Conference and shared details of a session he attended related to reducing/eliminating
homelessness. A discussion ensued and included details of programs sponsored by
local churches.
Mayor Randels asked about an initiative the Mayor of Cocoa Beach has extended
related to visitors from space. Council Members did not express support for the
initiative.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page 5 of 5
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:31 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
SEAL of Cape Canaveral, Florida