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HomeMy WebLinkAboutMinutes 10-15-2013CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 15, 2013 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 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 Administrative Services Director Angela Apperson Human Resources Officer Jane Ross 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 Commander Mike DeMorat Brevard County Sheriff Major Paul Ring Brevard County Sheriff Lieutenant Linda Moros Mayor Randels requested consensus, to which Council Members replied in the affirmative, to move item # 9 to the beginning of the meeting. 9. Approve a conditional letter of support for Florida Biplanes & Helicopters operating a tour business at Port Canaveral: Mayor Randels provided a brief history of the item. Mark Grainger, President of Florida Biplanes & Helicopters, presented additional information explaining the proposed helicopter tour business at Port Canaveral and his request for a conditional letter of support from the City. Council Members made City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2013 Page 2 of 7 statements and/or asked questions, which included: the proposed site, the proposal to increase the altitude/distance when the number of fights increases per day, the prior test flight, the flight paths for the proposed flight packages, the advertisement advantages of flying lower, the use of a "hot line" phone number for complaints, the "Environmental Impact Plan", what might happen if a different tour business operated at the Port, the need to protect the residential nature of the community, moving the helipad further west and closer to SR 528, and takeoff/landings will be from the north. Mr. Grainger responded to the statements/questions. John Higgins, Board Member of Solana Lakes Homeowners Association (HOA), indicated he is not representing the HOA Board and expressed concern about a diagonal flight path from the beach to the landing/takeoff location at the Port. Mr. Grainger indicated the helicopter would not fly over the buildings or sand within the City Limits. Shorewood HOA President Charles Bower expressed concern over noise and encouraged moving the tour site further west and closer to SR 528. He indicated the owners currently hear people in the pool at "Ron Jon's" and powerboats as they leave the Port. Mr. Bower agreed to the thirty day trial period. Shannon Roberts clarified the hours of operation were 9 am to sunset. She objected to the business because she felt those in the helicopter would be able to see into the condominiums. Mr. Wayne Ivan felt the proposal brings the helicopters too close to the residential properties and encouraged moving further west. Mr. Grainger indicated his minimum will be 500 feet from the buildings. Linda Tuck expressed concerns related to take off and landings. Council Members continued to discuss the request, which included the location southwest of SR 528, which is closer to Puerto Del Rio Condominiums, and the 30 day trial period. A motion was made by Mayor Randels, seconded by Council Member Hoog, based upon what we heard this evening and this letter of condition, that we approve a conditional letter of support for Florida Biplanes and Helicopters. Mayor Randels read the three conditions and the discussion continued. Mayor Pro Tem Bond, seconded by Council Member Walsh, proposed an amendment to the main motion to indicate the residents of the City wish the helipad be moved more toward SR 528. The amendment to the main 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. Discussion continued and included the desire to have no impact upon the citizens of the City, to have suggestions in the letter as well as conditions, the thirty day conditional period, the impacts from another operator who could fly over the City, feedback can be continuous, the allowance for the City Manager to "word-smith" changes to the letter to meet the intent of the discussion. The motion, as amended, 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. The meeting recessed at 7:46 P.M. and reconvened at 7:51 P.M. Commander DeMorat announced his recent promotion and expressed his respect for the City residents, Council and Staff. He introduced Major Paul Ring and Lt. Linda City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2013 Page 3 of 7 Moros who will be leading the Cape Canaveral Precinct. He explained he will continue to be available for questions/consultation. Council Members complimented BCSO Personnel for their work and dedication to the City. PRESENTATION / INTERVIEWS: Proclamation Designating the Week of October 20 - 26, 2013 as Florida City Government Week: Mayor Randels read the Proclamation into the record and provided explanation of the activities planned for the children during Government Week. Interview Board of Adiustment Member George Sweetman; Business and Economic Development Board Members Omar Capellan and Shannon Roberts; Code Enforcement Board Member James C. Hale; and Culture and Leisure Services Board Members Gene Petre and Douglas Raymond for reappointment to said Boards: Mayor Randels thanked volunteers for their service to the City and requested they explain the most interesting issue they have worked on and what are future issues to come before their board. Attorney Garganese asked Mr. Sweetman, Mr. Capellan, Dr. Roberts, and Mr. Petre if the information contained in their application is true and correct, to which they responded affirmatively. Council Members thanked them for their service. Mr. Sweetman felt it is most interesting to see the problems and how they were solved by the Board Members. He felt the next big issue will be the pollution in the Indian River Lagoon. Mr. Sweetman expressed his appreciation of the City. Mr. Capellan felt it was a big challenge to get the Board back up to speed and the future issues are re-branding and treatment of new businesses. Dr. Roberts expressed the most interesting and future issues are re-branding and how A1A and N. Atlantic Avenue will redevelop; whether a new road to the Port will be developed to tie the Port and the City together. She advocated for follow up/clarity of the Visioning effort/how advisory board members are working on the Vision; and for budget funding for board members to participate in the EDC events. Mr. Hale was not in attendance. Mr. Petre expressed his appreciation for the community and the number of parks in the City. He complimented Leisure Services Director Vergara; expressed desire for a multi-purpose facility; playground equipment at Manatee Sanctuary Park; and pursuit of grant opportunities for Banana River Park development. Mr. Raymond was not in attendance. CITY ATTORNEY'S REPORT: Attorney Garganese reported the Closing on the Fire Station Property took place today. He noted anyone wanting to speak on any consent agenda item should do so under this item AUDIENCE TO BE HEARD: Joyce Hamilton expressed appreciation for the efforts of Sgt. Pikus, his friend, and School Resource Officer Jones to get the Cape View Elementary School fifth grade class to the TICO War Bird Museum to experience the wonderful exhibits and to get a close up view of a plane. City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2013 Page 4 of 7 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 Special and Regular City Council Meetings of September 17, 2013: 2. Resolution No 2013-23; reappointing Members to the Board of Adjustment, Business and Economic Development Board, Code Enforcement Board, and Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date: 3. Approve Task Order No. 4 in the amount of $141,481 to Tetra Tech, Inc. for engineering design, bid specifications and construction monitoring services related to improvements to the oxidation ditch at the Wastewater Treatment Plant and authorize the City Manager to execute same: 4. Approve continuation of Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL-CIO) to September 30, 2014: 5. Resolution No 2013-24, providing a policy regarding affording the public a reasonable opportunity to be heard on propositions presented for final official action at City Council and other City Board or Committee meetings in compliance with Section 286.0114, Florida Statutes; providing for distribution of this Resolution to all City Boards and Committees for implementation and actions consistent herewith; providing for the repeal of prior, inconsistent resolutions, severability and an effective date: A motion was made by Mayor Pro Tem Bond, seconded by Council Member Hoog, to approve all 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. PUBLIC HEARING: 6. Ordinance No. 12-2013; adopting Comprehensive Plan Amendments consistent with the City's Water Supply Facilities Work Plan by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital Improvements Elements of the Cape Canaveral Comprehensive Plan, as required by Section 163.3177, Florida Statutes; making additional conforming amendments to the Comprehensive Plan; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan Amendments, first reading: Attorney City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2013 Page 5 of 7 Garganese read the Ordinance title into the record and noted the recommendation of the Planning & Zoning Board for approval. Planning & Zoning Director Brown explained the requirement for the Water Supply Facilities Work Plan; preliminary review by St. Johns River Water Management District; the proposed revisions; the corrections that will be made to the page numbers; if approved, the document will be sent to the Department of Economic Opportunity, as well as other regulatory agencies; the second reading will be held after comments are received from the regulatory agencies. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance 12-2013. 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. 7. Ordinance No. 13-2013; 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, 2012, and ending September 30, 2013; providing for an effective date; first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels provided further explanation of the Ordinance purpose and noted the City received more tax revenue then projected. A motion was made by Council Member Walsh, seconded by Council Member Petsos, to approve Ordinance 13-2013 at first reading. 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. 14-2013, amending Sections 2-66 and 2-68 of the City Code related to Public Input & Participation at City Council Meetings; providing that the City Council shall establish a policy affording members of the public a reasonable opportunity to be heard during City Council Meetings consistent with applicable law; 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 and provided an explanation of same. Mayor Randels added further explanation as to the actions taken to allow public input. A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of Ordinance 14-2013. The Public Hearing was opened. No comments were recevied 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: 9. Approve a conditional letter of support for Florida Biplanes & Helicopters operating a tour business at Port Canaveral: Taken at the beginning of the meeting. City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2013 Page 6 of 7 10. Consider Application for Satisfaction or Release of $98,250.00 Code Enforcement Lien, Case No. 2008-00127, 8740 Croton Court: Richard Mallar representing JP Morgan Chase expressed regret for the company not meeting the needs of the community to bring the property into compliance earlier. He explained the proposed settlement makes the City whole and would allow the property to become occupied again. Discussion ensued and included: the prior settlement offer did not cover the City's costs; the market value of the property is $97,820.00; the need to reduce the lien in hopes the property would then be purchased and become occupied; that the length of time it took to correct this issue is not normal for the bank; a lien of $250.00 a day is intended to get the attention of the violator; until the property is occupied, everyone is losing and property values are impacted; the average foreclosure process takes 900 days and how difficult it can be to manage the property during the foreclosure process; and the current settlement offer more than reimburses the City for its expenses. Public comments included an offer for purchase by Omar Capellan and advocating for the property to be occupied by Lane Hines. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Walsh, to approve as written. The motion carried 4-1 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, Against; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For 11. Consider Application for Satisfaction or Release of $81,950.00 Code Enforcement Lien, Case No. 2010-00126, 215 Pierce Ave., Unit C.: Mayor Randels provided a brief history of the Code Enforcement process and the new owners actions to quickly bring the property into compliance. Discussion ensued and included: a desire of Mayor Pro Tern Bond to lobby the legislature to require banks to disclose municipal liens on the property so the public is not taken advantage of; the five day "due diligence" period offered by most banks; that all municipal liens are recorded at the Clerk of the Court's Office and can be searched via their website; the need to support the request since someone has purchased the property and it will be improved; and the need to pay the lien within thirty days. A motion was made by Council Member Walsh, seconded by Mayor Pro Tem Bond, to reduce the lien to $5,000.00 for this property. The motion carried 4-1 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, Against; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 12. Compensation and Benefits Survey/Analysis and Renewal of Health, Dental, Life Insurance: City Manager David Greene advocated to abstain from a formal presentation and offered to answer questions. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Hoog, that we accept the City Manager's recommendations as written. The discussion included whether employees have been briefed on the changes, to which an affirmative response was received and that this is a large step forward for the employee benefit program. The I i motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council I City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2013 Page 7 of 7 Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For REPORTS: 13. Council: None ADJOURNMENT: There being no further business, the Meeting adjourned at 9:39 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida