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HomeMy WebLinkAboutMinutes 12-17-20131 I 1 i 1 i CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY December 17, 2013 6:00 PM MINUTES I I CALL TO ORDER: Mayor Pro Tern Petsos, serving as the Chair, called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. 1 ROLL CALL: I Council Members Present: I Council Member John Bond Council Member Bob Hoog Mayor Pro Tern Buzz Petsos Council Member Betty WalshI Council Member Absent: 1 i Mayor Rocky Randelsi i Others Present: City Manager David L. Greene City Attorney Anthony Garganese Administrative Services Director Angela Apperson I Finance Director John DeLeo Community & Economic Development Director Todd Morley Leisure Services Director Gustavo Vergara 1 Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham 1 PUBLIC PARTICIPATION: None 3 PRESENTATIONS/ INTERVIEWS: 1 Interview Applicants for appointment to the Planning and Zoning Board: Attorney Garganese asked Mr. Kittleson and Mr. Buddenhagen if all the information in their application is true and correct, to which each responded in the affirmative. Mr. Kittleson i and Mr. Buddenhagen explained their desire to serve. Council Members asked questions i I i I4 ii City of Cape Canaveral, Florida 4 City Council Regular Meeting December 17, 2013 Page 2 of 6 or made comments, to which each responded. Consensus was reached to follow the P&Z Board's recommendation to appoint Mr. Buddenhagen to the Board. Discussion ensued with Mr. Kittleson as to his availability to serve on the Board of Adjustment, to which Mr. Kittleson agreed. CONSENT AGENDA: Mayor Pro Tern Petsos inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meeting of November 19, 2013: 2. Resolution No. 2013-26; relating to its continuing Agreement for legal services; providing for repeal of prior inconsistent resolutions; providing for severability; and providing for an effective date: A motion was made by Council Member Walsh, seconded by Council Member Bond, to accept the two items on the Consent Agenda as presented. 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: 3. 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, first reading: Attorney Garganese read the Ordinance title into the record and explained modifications made to the Ordinance, which now requires another first reading. He further explained the applicant's request and the upcoming changes to the Binding Developer's Agreement. Council Member Hoog recused himself due to a conflict of interest. City Manager Greene advocated for approval of the item. The item was discussed and questions were answered by the applicant. The Public Hearing was opened. Dr. Shannon Roberts inquired if community members were briefed on this change and whether the oceanfront building was being changed, to which Mr. Ken Ward responded no briefings were held nor are there any proposed changes to the oceanfront building. A motion was made by Council Member Bond, seconded by Council Member Walsh, that we pass Ordinance No. 16-2013 as written. The motion carried 3-0 with voting as follows: Council Member 3 City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 3 of 6 Bond, For; Council Member Hoog, Recused; Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 4. 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; timinq 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; licensina 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, first reading: Attorney Garganese read the Ordinance title into the record and explained the need to adopt a Model Ordinance. City Manager Greene explained the additions to the Model Ordinance and the City's long term commitment to the environment by making modifications/improvements to the Stormwater and Wastewater systems. Discussion included changes to the Indian River Lagoon over the past years. The Public Hearing was opened. Erica Santella, Technical Manager for True Green, advocated for passage of the Model Ordinance with no modifications; explained requirements of the Florida Department of Environmental Protection (FDEP) for Best Management Practices (BMP) certification, indicated the fertilizer industry understands the problems and fertilizer is the second largest expense; therefore, the company does not desire to waste the materials. A brief discussion about non-point pollution ensued. Dr. Shannon Roberts applauded Staff for taking the leading edge position with the Ordinance and thanked the Council for their stewardship of the environment. Judy Morris expressed her feelings for the need to have a healthy environment, that BPM's have been in effect for 10 years with a continued decline and quoted items from scientific studies of leaching effects; how algae gravitate to the sources of increased nitrogen; the positive effects of requiring slow release nitrogen and the absence of septic tanks within Cape Canaveral. Bill Morris advocated for the increased restrictions to the Model Ordinance because one ordinance does not fit all parts of the State and needs to be tailored to our specific environment; enforcement should be easy for property west of A1A because most properties have commercial service providers and encouraged a 15 foot buffer zone from the water's edge. Steve Lum, President of Slug-A-Bug Pest Control Service in Melbourne and Director of the Florida Pest Management Association for Brevard, Volusia and Flagler Counties, spoke against the additions to the Model Ordinance because they are not supported by science and the effects of the additional restrictions. City Manager Greene addressed comments made by Mr. Lum, explained enforcement process; that the City is not exempt from the Ordinance and the proposed public/Staff education process. Douglas Sphar encouraged the passage of the robust Ordinance as it breaks down the problems to manageable pieces and if future scientific data shows fertilizer is not a problem, the Ordinance can be repealed. Linda Behret, local Sierra Club representative, thanked Staff for advocating the additional restrictions, applauded the additional steps the City has/is/planning to take to manage stormwater/wastewater, City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 4 of 6 noted the stronger ordinance is allowed if a waterway is impaired and educational material can be found on the web at "BeFloridian.org". Bethany Thompson explained her family has resided in Brevard County for over six generations, advocated for research into all sciences to understand why the Lagoon is struggling, that turf grass takes up fertilizer in the rainy season/summer months, healthy turf grass prevents erosion and advocated for the enforcement against homeowners as well as professionals. Luke Williams provided his history with True Green Lawn Service, asked for clarification on the June through December for ban on fertilizers containing phosphorous and nitrogen; his finding that homeowners feel they will put whatever they desire on their lawns, and the need for testing as a part of enforcement. City Manager Greene spoke of the need for the State to step up to the plate and have a model ordinance that will truly address the issues. Lamar Russell expressed his feelings that the homeowner will be punished for any inappropriate activities of a lawn service, to which Mr. Greene indicated the citation will be issued to the person applying the fertilizer. Council Comment included the need for a comprehensive approach to solving the problems with the Indian River Lagoon, which require more than just regulating fertilization; the need to recognize the additional steps taken by the City; other cities passed Ordinances which are more restrictive than the Model Ordinance and are considering adding more restrictions; the need to support the Ordinance as written; the Lagoon needs help; the need to eliminate stormwater outfall into the river; the need for education and the success seen by the west coast of Florida by limiting the application of fertilizers. The Public Hearing was closed. A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of Ordinance No. 17-2013. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 5. 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; severabilitv; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and explained requirements of same. City Manager Greene explained what will be done with the funds and how the Ordinance came to be drafted. Council Members thanked Mr. Ray Osborne for bringing this item forward. Discussion included that there is no replacement requirement when evasive species are removed, the inclusion of queen palms and Chinese fan palms as evasive exotic plants, the need to clarify the lists and report back to the Council, that a red maple will not grow in our climate, yet it is on the list. The Public Hearing was opened. No comments were made 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 Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 5 of 6 6. 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; severabilitv; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and explained same. The Public Hearing was opened. Lila Gilbert asked for further explanation of the Ordinance's purpose. Attorney Garganese and City Manager Greene responded. The Public Hearing was closed. Council Member comments included support for streamlining processes and saving taxpayer dollars. A motion was made by Council Member Walsh, seconded by Council Member Hoog, to adopt 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. ITEMS FOR ACTION: 7. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities: Mayor Pro Tern Petsos noted Council Member Hoog is the existing voting delegate and Council Member Walsh is a Board Member. Council Member Hoog agreed to continue to serve as the voting delegate. Council Member Bond agreed to be the alternate voting delegate. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for Council Member Hoog to serve as the Voting Delegate/Director and Council Member Bond to serve as the Alternate. 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. 8. Consider Application for Satisfaction or Release of $40,750.00 Code Enforcement Lien, Case No. 2012-00005, 201 International Dr., Unit #214: City Manager Greene explained Staff's recommendation for a reduction to $10,000. Morgan Bates, representing Fannie Mae, explained why her client felt the Lien should be eliminated. Discussion ensued and included the difference between the lien amount and property value; that the violations were interior and did not impact adjoining properties; whether the City should consider placing a cap on lien amounts to ensure they do not exceed the property value; when the bank has the right to enter a property and when a writ of entry is needed. Mr. Lamar Russell spoke against the proposed reduction and noted many times neighbors have to endure dilapidated properties or take it upon themselves to keep up the property by mowing the grass, painting or other types of work. A motion was made by Council Member Walsh, seconded by Council Member Bond, to reduce the lien to $10,000. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 9. Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO) Governing Board, representing the North Beaches Coalition of City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 6 of 6 Cape Canaveral and Cocoa Beach; and appoint Voting Delegate to the Technical Advisory Committee (TAC): Discussion ensued and included: the sharing of a voting delegate between the City of Cape Canaveral and the City of Cocoa Beach, Mayor Randels' prior service on the Board, Mayor Pro Tern Petsos' willingness to serve, the need to have representation at the meetings, Mayor Randels' current inability to attend meetings due to an injury and whether the delegate could be changed at a later date. A motion was made by Council Member Bond, seconded by Council Member Walsh, that Mayor Pro Tern Petsos be chosen as the Voting Delegate. Discussion continued. A Consensus was reached that Mayor Pro Tern Petsos would serve until Mayor Randels is able to attend the meetings. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. REPORTS: Council Members wished everyone a Merry Christmas, Happy Hanukah, Happy/Safe/Prosperous New Year and safe travels. Several expressed sadness at the loss of loved ones and expressed optimism for a great 2014. City Attorney Garganese wished all a Merry Christmas, Happy New Year and expressed his appreciation for the passage of Resolution No. 2013-26. City Manager Greene expressed appreciation on behalf of the City Employees to the Council for the Holiday Lunch and the great consideration to employees needs for Improvements that were made to the benefit program. Mayor Pro Tern Petsos indicated Staff is doing a fantastic job, which was followed by aYgjY round of applause. ADJOURNMENT: There being no further busiess, the Meeting adjourned at 8:38 P. d Buzz Petsos, Mayor Pro Tern s ax a'. 4lik%k:“ '''I'‘ Ange a M. Appers n, MMC, Administrative Services Director 5 i 3 1 i 1g FORM 8B MEMORANDUM OF VOTING CONFLICT FOR1COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS1 I LAST NAM -FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHOR ,OR COMMITTEE Adintwerea z.i i MAILING ADDRESS' 2/0 .-7-tt,fexte)x3 AY. THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: i CITY COUNTY DOTHER LOCAL AGENCY m i CITY vox...4a. COUNTY NAME OF POLITICAL SABDIVISION: 1 f,ocii..4 E.P e itionAs ta 44-1 DATE ON WHICH VOTE OC RRED MY POSITION IS ELECTIVE 0 APPOINTIVE f4 i i i WHO MUST FILE FORM 8B 1 This.fOrm is for usd by any person serving at the-County, city,or other local level of government on an appoin-ted or erected board, council, I 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. J Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending1onwhetheryouholdanelectiveorappointiveposition. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. 1 1 i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTESi 1 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which J 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- 1 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 he isj cetaine(J);to the special,private gain Joss of a relative;or to the special private gain or loss of a business associate. Commissioners of communitysedevelopment agencies under Sec. 163.356 ori163.357, F.S., and officers of independent special tax districts elected on a one-acre,One-vole'basis are not prohibited.from voting in that i 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). 1 I ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: 1 PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you J are abstaining from voting;and i 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. 4k I APPOINTED OFFICERS: iAlthough 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 made1 1 by you or at your direction. i IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE j TAKEN: i You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the 1 minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)1 1 1 I i I APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must read publicly at'the next meeting.aftgr the form is filed.I 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 itwithin 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. k4 DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ri' E. H°°6 hereby disclose that on P‘: e,Yi'Z51E 2_ /477A ,20 43. • a)A measure came or will come before my agency which(check one) inured to my special private gain or loss;I 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 by whom I am retained;or inured to the special gain or loss of which I 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: r h.e A CG$.s T' L ,d ... vo vu,( /%b A Cev '4A c rY•it Q-. a.) 0;) el,ff.t...... 1 i i 1 1 i 1ii 1 igefc4. 4oi M Date Filed Signature IIi I 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. 3 I CE FORM 8B-EFF.1/2000 PAGE 2 I I