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HomeMy WebLinkAboutMinutes 01-21-2014CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY January 21, 2014 6:00 PM MINUTES CALL TO ORDER: Mayor Pro Tern Petsos, serving as the Chair, called the Meeting to Order at 6:03 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Council Member Betty Walsh Council Members Absent: Mayor Rocky Randels Others Present: City Manager City Attorney Administrative Services Director Finance Director Community & Economic Development Director Building Official Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Assistant Chief David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Glenn Pereno Gustavo Vergara Jeff Ratliff Lonnie Dunn Paul Ring John Cunningham PUBLIC PARTICIPATION: None PRESENTATIONS / INTERVIEWS: Proclamation designating January 2014 as National Human Trafficking Awareness Month: City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2014 Page 2 of 7 Gail Cordial with the Zonta Club of Melbourne explained the mission of the Club to educate the community about Human Trafficking. Mayor Pro Tem Petsos read the Proclamation into the record and presented same to Ms. Cordial. CONSENT AGENDA: Mayor Pro Tem Petsos inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed; however, Council Member Hoog noted a correction was needed to the minutes to reflect his recusal for Ordinance 16 -2013. Consensus was reached to make the amendment. Approve Minutes for Regular City Council Meeting of December 17, 2013: 2. Resolution No. 2014 -01; appointing a member 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. (Mark Buddenhagen): 3. Resolution No. 2014 -02; pursuant to Section 2.06(b)(4) of the City Charter, excusing three (3) absences incurred by Mayor Randels from Regular City Council Meetings; providing for the repeal of prior inconsistent resolutions; severability; and an effective date: 4. Approve Termination of Beach Access Easement between Cape Caribe, Inc. and the City of Cape Canaveral and authorize execution of same: 5. Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO), Citizens Advisory Committee (CAC): A motion was made by Council Member Walsh, seconded by Council Member Bond, to approve the Consent Agenda. The motion carried 4 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. PUBLIC HEARINGS: 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, second reading: Attorney Garganese read the Ordinance Title into the record, explained there were no comments from the State Agencies and no changes were made to what was presented for first City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2014 Page 3 of 7 reading. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Hoog, seconded by Council Member Walsh, to approve Ordinance No. 12 -2013. The motion carried 4- 0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 7. a. Ordinance No. 16 -2013; related to the Ron Jon Cape Caribe Resort; specifically modifying Ordinance No. 03 -2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral to authorize a building consisting of dwelling units subject to the terms and conditions of the Cape Caribe Second Modification to the Binding Developer's Agreement approved by the City Council and Cape Caribe, Inc. in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, second reading: Attorney Garganese 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. Council Member Hoog recused himself from this item. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve Ordinance 16 -2013. The motion carried 3 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, Recused; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. b. Approve Second Modification to Binding Developer's Agreement between City of Cape Canaveral and Cape Caribe, Inc. and authorize execution of same: A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve the second Modification to Binding Developer's Agreement and execution of same. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 3 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, Recused; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 8. Ordinance No. 17 -2013; adopting a new Chapter 92 of the Cape Canaveral Code of Ordinances entitled "Fertilizer Land Application "; regulating pollutant runoff and the application of fertilizers as required by law; providing for purpose and intent; definitions; applicability; timing of fertilizer application; fertilizer free zone; low maintenance zone; fertilizer content and application rates; application practices; management of grass clippings and vegetative matter; exemptions; training; licensing requirements; enforcement and monitoring; and penalties; amending Section 2 -283 of the Code of Ordinances to designate violation of Chapter 92 as a Class 1 code enforcement violation; 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. The Public Hearing was opened. David Batto, Marine Resources Council, spoke City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2014 Page 4 of 7 in favor of the Ordinance; he explained conversations with individuals in Pinellas County who report there were no problems implementing a similar Ordinance and spoke of a study which showed a 28% reduction in nutrient content with 50% compliance. John Ide spoke in favor of the Ordinance and thanked the City Council for recognizing the problem and taking action. Bill Morris commended City Staff and Council for their actions and encouraged a larger barrier around construction sites to reduce construction runoff. Mary Sphar, speaking on behalf of the Sierra Club, advocated for the Ordinance; she provided a handout which shows the actions of other municipalities in Brevard County and explained the BeFloridian.org program, which could be a supplemental education program to the "My Brevard Yard ". The Public Hearing was closed. Council discussion of the item included: whether the Central Canal needs to be considered, many phone calls in support of the Ordinance, the need for other municipalities to work to reduce septic tanks, the need for passage of the Ordinance, and the work the City has done /is doing to clean up the discharge from the Central Ditch. A motion was made by Council Member Hoog, seconded by Council Member Walsh to adopt Ordinance No. 17 -2013. Mayor Pro Tem Petsos encouraged Council Member Bond to view the statistical data which represents improvements in water quality. The motion carried 4 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 9. Ordinance No. 01 -2014; amending Chapter 102, Vegetation, of the Code of Ordinances related to the City's Tree Bank and the Lists of Desirable and Undesirable Species; 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 Pro Tem Petsos noted a change to the list of invasive species. City Manager David Greene advocated for passage of the Ordinance which streamlines activities and advances environmental initiatives. Council Member Bond advocated for education of citizens to ensure they are aware of what is allowed to be removed, to which City Manager Greene indicated the education campaign for the Fertilizer Ordinance and this Ordinance will be combined. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Bond, seconded by Council Member Hoog, to approve Ordinance No. 01 -2014 as written. The motion carried 4 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 10. Ordinance No. 02 -2014; amending Chapter 110, Zoning, related to variances and special exceptions; authorizing the city manager to extend variance and special exception approvals for a period of 12 months; 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. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Walsh, City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2014 Page 5 of 7 seconded by Council Member Bond, to approve Ordinance No. 02 -2014. The motion carried 4 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 11. Ordinance No. 03 -2014; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014, of the City to finance the cost of a City Hall, Fire Station, Refurbishment of a Wastewater Treatment Plant and related Capital Improvements; providing for the Series 2014 Note to be secured by the City's Public Service Tax, Half Cent Sales Tax, Guaranteed Entitlement and certain Franchise Fees; authorizing the City's financing team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances or parts of prior inconsistent ordinances in conflict herewith; providing for a severability clause; providing an effective date, first reading: Attorney Garganese read the amended Ordinance Title into the record, provided an explanation of the Charter requirement for the Ordinance, the actions that will be taken by the City Manager if the Ordinance passes on first reading and the return of additional documents accompanying the second reading. City Manager David Greene explained the RFP Process; the financing will allow the City to retain the reserves previously established for these purposes; the closing /ownership of 110 Polk Avenue, the new City Hall is estimated to cost 3.3 million dollars and the City will continue the campus approach previously discussed; the ongoing community conversations about the need for these new buildings; the reduced construction costs; the unknowns are what the Florida Legislature will do to reduce the City's ability to receive revenue and /or pass unfunded mandates; the City being in a strong financial position and the possibility of re- designating reserves as may be needed in the future; the savings of approximately $700,000 in interest charges if the 10 year financing is selected; the need to review the RFP's further to select the bank which has the best proposal with no pre - payment penalties; that no Ad Valorem taxes are pledged and the costs associated with the financing are very low. Jeff Larson, Financial Advisor, explained the RFP process, the need to further review the responses from the 10 banks prior to second reading, the fixed rates for 10, 15 and 20 years; the lowest rate received for a 10 year loan is 2.03 %; the request for Staff to make a tentative award to a bank, which authorizes the development of documents and items are subject to approval at second reading. Council comments included: the desire to finance for 10 years; the savings of money on the North Atlantic Streetscape Project, commending Staff and Financial Consultants for work done to receive the great rates; that taxes will not be raised to pay for this building and now is the time to take this offer. The Public Hearing was opened. Leo Nicholas urged for passage of the Ordinance noting the low interest rates and construction costs. He questioned whether the State Revolving Loan Fund is still available for these types of expenses. City Manager Greene indicated the City is using SRF for improvements in Wastewater and Stormwater. Leo Nicholas expressed that the conservative actions of prior City Council Members have come to benefit the City with no debt and a healthy reserve balance. City Manager Greene noted the actions of Staff Members to bring the RFP to fruition. The Public Hearing was closed. City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2014 Page 6 of 7 City Manager Greene restated the actions that will be taken by the Financing Committee to ready documents for Council approval at second reading of the Ordinance, to which Council agreed. A motion was made by Council Member Hoog, seconded by Council Member Walsh, to approve Ordinance No. 03 -2014. The motion carried 4 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 12. Ordinance No. 04 -2014; repealing Articles II and III of Chapter 90 of the Cape Canaveral Code of Ordinances relating to flood damage prevention and floodplain protection; adopting a new Article II of Chapter 90 entitled "Floodplain Management" amending Chapter 82, Buildings and Building Regulations to create a new Article VI entitled "Local Amendments to the Florida Building Code" adopting local amendments to the Florida Building Code to implement the National Flood Insurance Program; 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. City Manager Greene explained the Ordinance changes amount to "housekeeping" to allow the City to remain in compliance with the National Flood Insurance Program (NFIP). It was noted the updates to the Flood maps have proven beneficial to the City, other cities are adopting similar ordinances and the improvements in the City's ISO Ratings. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Bond, seconded by Council Member Hoog, to approve Ordinance No. 04 -2014 as written. The motion carried 4 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. REPORTS: City Attorney Garganese noted the closing for the property purchase at 110 Polk Avenue is complete. Council Member Walsh indicated the Beach Renourishment project is going well and expressed appreciation for the recent use of the beach rake. Council Member Bond congratulated Council Member Walsh for her appointment as President of the Space Coast League of Cities; noted his appreciation for the expression of sympathy for the loss of his father. He inquired as to the status of Cape View Elementary as it relates to the school closure list. Mayor Pro Tem Petsos indicated that the closure of Cape View Elementary would be a last resort because of the cost of bussing and portables needed to house the students. City of Cape Canaveral, Florida City Council Regular Meeting January 21, 2014 Page 7 of 7 Mayor Pro Tem Petsos expressed congratulations to Space Coast League of Cities President Betty Walsh for her recent appointment and requested a status of the Sign Ordinance, to which Attorney Garganese replied he and the Community & Economic Development Director met prior to the Council Meeting to further discuss the Ordinance. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:18 P.M. Buzz Petsos, Mayor Pro Tem Angela M. Appersdn, MMC, Administrative Services Director SEAL of Cape Canaveral, Florida FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOA/RD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITIICAL ISUBDIVISION DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. l rMDISCLOSURE OF LOCAL OFFICER'S INTEREST I, ✓ hereby disclose that on January 21, 2014 (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of by which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2