HomeMy WebLinkAboutMinutes 03-18-2014CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 18, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 P.M. and led the pledge
of allegiance. Mayor Randels expressed appreciation of support received during his
injury /recuperation period and reminded everyone to speak into the microphone.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor Pro Tem
Mayor
Council Member
Others Present:
City Manager
City Attorney
Administrative Services Director
Finance Director
Community & Economic Development Director
Planning & Zoning Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Major
Cape Canaveral Volunteer Fire Dept. Chief
PUBLIC PARTICIPATION:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
David L. Greene
Anthony Garganese
Angela Apperson
John DeLeo
Todd Morley
David Dickey
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Paul Ring
Dave Sargeant
Richard "Trev" Treverton congratulated the City for reducing the number of Council
meetings to once a month. He encouraged the City to invite the City of Austin, Texas to
become a Sister City of Cape Canaveral, in hopes of changing their policy related to
jaywalking.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 18, 2014
Page 2 of 6
PRESENTATIONS / INTERVIEWS:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2013 — Presentation by Bernadette Britz- Parker,
James Moore & Co.: Bernadette Britz- Parker reviewed the Comprehensive Annual
Financial Report, recommended individuals read the Management, Discussion and
Analysis portion of the document and responded to questions. A motion was made by
Mayor Pro Tem Petsos, seconded by Council Member Walsh, for acceptance of
the Statements. The motion carried 5 -0 with voting as follows: Council Member
Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
Proclamation designating April 2014 as Parliamentary Law Month in the City of Cape
Canaveral: Mayor Randels read a portion of the Proclamation into the record and
presented same to Betty Cogswell, who explained reasons for following Roberts Rules
of Order and the certification process for a Parliamentarian.
Proclamation designating April 1, 2014 as National Service Recognition Day in the City
of Cape Canaveral: Mayor Randels read the Proclamation into the record.
Institute for Elected Municipal Officials (IEMO) III: The Leadership Challenge Certificate
of Completion to Mayor Rocky Randels: Mayor Pro Tern Petsos explained the Elected
Municipal Officials Classes and presented the Certificate to Mayor Randels.
Interview Applicants for appointment to the Code Enforcement Board. (Jerry Aqtmaal,
Christopher Cloney, Desmond Wassell): Attorney Garganese asked the applicants if all
the information on their applications were true and correct, to which each responded in
the affirmative. Attorney Garganese explained the purpose of the Code Enforcement
Board and noted the Board must assess fines on residents and asked the applicants if
they would be able to uphold the duties of the Board, to which each responded in the
affirmative. Jerry Agtmaal explained his desire to serve on the Board. Mayor Randels
noted the musical interests of Mr. Agtmaal. Christopher Cloney explained his desire to
serve on the Board and noted his work as a mediator. Desmond Wassell explained his
work in the Human Resources field /negotiations and desire to serve on the Board.
Discussion /selection of an applicant ensued. Council Member Bond nominated Mr.
Agtmaal, because this was his first choice for service. Council Member Walsh
nominated Mr. Cloney, because of his work before the 5th District Court of Appeals. Mr.
Hoog expressed support for Mr. Cloney. Mayor Pro Tem Petsos, asked Mr. Cloney if he
foresaw any conflict of interest, to which Mr. Cloney responded in the negative.
Attorney Garganese closed the nominations. A motion was made by Council
Member Hoog, seconded by Council Member Walsh, to appoint Mr. Cloney to the
Code Enforcement Board. The motion carried 5 -0 with voting as follows: Council
Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For; and Council Member Walsh, For. Council Members expressed
City of Cape Canaveral, Florida
City Council Regular Meeting
March 18, 2014
Page 3 of 6
appreciation to Mr. Agtmaal and Mr. Wassell for their interest in serving and encouraged
Staff to work to place them on other Boards. Mary Russell, Code Enforcement Board
Chairperson, encouraged retention of these applications for other openings.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Council Member Bond requested removal of items #4 and #9.
Approve Minutes for Regular City Council Meeting of February 18, 2014:
2. Authorize the Plan of Termination of the Declaration of Condominium of Cape
Canaveral Professional Building, a Condominium (110 Polk Avenue), to be recorded in
the Public Records of Brevard County, Florida and then filed with the State of Florida
and authorize the Mayor to execute same:
3. Award the bid for the Polk /Poinsettia Avenue and Tyler /Poinsettia Avenue
Drainage Improvements Protect to Atlantic Development of Cocoa, Inc. in the amount of
$25,795.20 and authorize the City Manager to execute the Construction Agreement for
same:
4. Award the bid for the North Banana River Boulevard Sidewalk Project to Wm.
Turnbaugh Construction, Inc. in the amount of $28,997.50 and authorize the City
Manager to execute the Construction Agreement for same:
5. Resolution No. 2014 -06; approving a Memorandum of Agreement for Highway
Maintenance along State Road A1A with the Florida Department of Transportation;
providing for the repeal of prior inconsistent Resolutions; severability; and an effective
date:
6. Resolution No. 2014 -07; Resolution for Assistance 2014 under the Florida Inland
Navigation District Waterways Assistance Program; providing for repeal of prior
inconsistent Resolutions; severability and an effective date:
7. Resolution No. 2014 -08; officially naming a previously unnamed private access
Traetorius Lane ", located within the City of Cape Canaveral and more particularly
depicted on Exhibit "A" attached hereto; requesting the Board of County Commissioners
of Brevard County, Florida, to place the named private access on its official maps of
record; providing for recordation; repeal of prior inconsistent Resolutions; severability
and an effective date:
8. Resolution No. 2014 -09; supporting the First Responders Program and urging
the Brevard County Board of County Commissioners to continue supporting and
participating in the funding of the collaborative effort between Brevard County
Municipalities and Brevard County Government to provide the highest level of
City of Cape Canaveral, Florida
City Council Regular Meeting
March 18, 2014
Page 4 of 6
Emergency Medical Services ( "EMS ") to Municipal and County residents; providing an
effective date, and providing for adoption:
9. Resolution No. 2014 -10; opposing Senate Bill 1070 and House Bill 947 filed in
the 2014 Legislative Session regarding fuel terminals; specifically urging the Florida
Legislature to preserve local government comprehensive planning and zoning power to
regulate the use of land by fuel terminals within local communities; providing for the
repeal of prior inconsistent Resolutions; severability; and an effective date:
A motion was made by Council Member Hoog, seconded by Council Member
Bond, to approve Consent Agenda items 1, 2, 3, 5, 6, 7 and 8. The motion carried
5 -0 with voting as follows: Council Member Bond, For; Council Member Hoog,
For; Mayor Pro Tern Petsos, For; Mayor Randels, For; and Council Member
Walsh, For.
Item #4: Council Member Bond asked why a sidewalk is needed on both sides of the
street, to which Mr. Greene indicated to live up to the City's Vision for bikeable, walkable
streets, they are needed on both sides of the street and to complete the Prime Path
Project. Public Works Services Deputy Director Lonnie Dunn indicated this Project
replaces the existing sidewalk for safety reasons. A motion was made by Mayor Pro
Tem Petsos, seconded by Council Member Bond, for approval of item # 4. The
motion carried 5 -0 with voting as follows: Council Member Bond, For; Council
Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
Item #9: Mayor Randels explained the purpose of the Resolution is to oppose
legislation that would remove the City's ability to regulate fuel terminals. Attorney
Garganese provided further explanation. Discussion included the definition of a fuel
terminal as written in the proposed legislation and whether State Representative Steve
Crisafulli has been contacted. A motion was made by Council Member Bond,
seconded by Mayor Pro Tem Petsos, to approve item # 9. The motion carried 5 -0
with voting as follows: Council Member Bond, For; Council Member Hoog, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
10. Consider Application for Satisfaction or Release of $94,550.00 Code
Enforcement Lien, Case No. 2010 - 00075, 7523 Magnolia Avenue: Mayor Randels
reviewed the history of the Code Enforcement Violation. Property owner Mr. Thornton
explained his acquisition of the property, knowledge of the lien prior to purchase and
desire to have the lien reduced so the money could be used to improve the property.
Discussion included Staff and the Code Enforcement Board's recommendation to
reduce the lien; the movement to get these properties occupied and improved.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 18, 2014
Page 5 of 6
A motion was made by Mayor Pro Tem Petsos, seconded by Council Member
Walsh, to accept the Code Enforcement Board's recommendation. Discussion
continued and included: that the $10,000.00 covers the City's costs; the value of the
property is less than the full lien; whether liens should stop accruing when they reach
the value of the property; that liens are set at an amount to try to get owners attention
and get them to correct the violations; the need to get the properties occupied and
returning revenues to the City; the pledge by City Manager Greene for he and the City
Attorney to further review the lien accrual issue; and that recommendations for
reductions always take the City's cost into consideration to ensure money is recouped.
The motion carried 5 -0 with voting as follows: Council Member Bond, For;
Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and
Council Member Walsh, For. Mr. Thornton thanked the Council and explained he
chose Cape Canaveral because of all it has going for it.
11. Consider Application for Satisfaction or Release of $3,200.00 Code Enforcement
Lien, Case No. 2013 - 00033, 107 Anchorage Avenue: Lisa Durgin explained how her
firm came to manage the property and the inaction of the prior management firm. A
motion was made by Council Member Bond, seconded by Council Member Walsh,
to approve the reduction in lien to $1,600.00. Discussion included the development
of an HOA vs the management by the property developer and that the $1,600.00 lien
will be paid by another property owner who wanted to sell his property with a clean title.
The motion carried 5 -0 with voting as follows: Council Member Bond, For;
Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
REPORTS-
Council Member Bond thanked Staff for the wonderful numbers they have been putting
together for the last couple of years. He stated he sees better things ahead as the
revenues increase and credited Staff for making Council's job easy; and that he is
standing and applauding right now.
Council Member Walsh echoed the sentiments of Council Member Bond and thanked
Staff for the nice Audit. She also welcomed Mayor Randels back.
Mayor Pro Tem Petsos thanked Staff for their efforts on the Audit and Public Works
Services Staff in particular for the annual Sea Oats Project, which now stands at 80,500
sea oats planted by volunteers over the past years.
Council Member Hoog thanked everyone for showing up; the Fire Station is well under
way and he is looking forward to the fire trucks rolling out; and thanks to Staff for their
work on the CAFR (Comprehensive Annual Financial Report).
Mayor Randels thanked Mayor Pro Tem Petsos for taking over while he was gone, Staff
for making the City Council look good and getting things done.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 18, 2014
Page 6 of 6
Leo Nicholas commented on the recent passing of former Cape Canaveral Mayor Ann
Thurm and his desire for recognition of former Mayor Richard (Dick) Thurm's work.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:45 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Administrative Services Director
SEAL of Cape Canaveral, Florida