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HomeMy WebLinkAboutMinutes 10-21-2014CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 2014 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:02 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 Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Administrative Services Director Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham Cape Canaveral Volunteer Fire Dept. Assistant Chief Tracy Braley PUBLIC PARTICIPATION: Ray Osborne noted it is the 25th year the City has been a Tree City. He distributed copies of a 2007 article he wrote for Florida Today regarding planting of mangrove saplings at Manatee Sanctuary Park. He explained the work of the White House to declare an investment in green infrastructure and that Act Trees is accepting videos of community tree plantings. He requested to talk to Staff about planting more trees. Mayor Randels listed vegetation/trees that have been planted and explained work City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 2 of 5 planned for North Atlantic Avenue. Mayor Pro Tem Petsos clarified the vegetation/trees the Mayor listed was work completed over the last four years and did not include the previous work. Mr. Osborne advocated planting additional trees at Manatee Sanctuary Park, which are not Palm trees. He explained the availability of trees through Act Trees. City Manager Greene indicated the work done in the last four years includes about 350 trees of various types. Mr. Greene felt there was a dramatic difference in the City over the last four years and this will continue on North Atlantic Avenue. Mr. Greene stated this continues to be a City focus, as well as the City having two Certified Arborists on Staff. PRESENTATIONS / INTERVIEWS: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2013: Mayor Randels presented the Certificate to Finance Director John DeLeo. Mr. DeLeo shared the award with his Staff and spoke of their hard work/dedication to excellence. It was noted this Certificate has been received for the last 19 years. Mayor Randels noted a Proclamation he signed for Dysautonomia Awareness Month. Interview Applicant Maria (Mickie) Kellum for appointment to the Culture and Leisure Services Board: Attorney Garganese asked Ms. Kellum if all the information on her application was true and correct, to which she replied in the affirmative. Ms. Kellum explained her desire to give back to the City which has given so much to her family over the last 25 years. She reviewed her experience and how it could assist the City. Mayor Randels asked Ms. Kellum to share information about the American Cancer Society Walk hosted by the VFW, to which she stated $6,400.00 was raised on the event date and donations continue to be received. Obtain consensus on path forward for completion of an updated Stormwater Master Plan and incorporate any approved changes in a Final Report: Mr. Gordon England explained increased regulations that led to the Basin Management Action Plan (BMAP), the amount of phosphorus/nitrogen which must be removed, the activities which provide removal credits; the GIS data that was collected as a part of the project, mistakes in work previously done by Florida Department of Environmental Protection (FDEP), a list of 21 potential projects which could be done to meet the regulation requirements and how this information was used to update the Stormwater Master Plan. He encouraged the City to continue working with FDEP to meet the regulations and correct data errors. Mayor Randels reviewed grants received to offset the unfunded mandates of the regulations and thanked Staff for their work. Questions and statements from City Council Members included compliments/encouragement and concern over the cost of property acquisition. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for approval of the path forward. 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. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 3 of 5 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 City Council Meetings of September 3, 2014 and September 16, 2014 and Regular City Council Meeting of September 16, 2014: 2. Approve Change Order #2 to Wm. Turnbaugh Construction, Inc., in the amount of $59,400.00 for completion of the Pedestrian Way at Manatee Sanctuary Park and an additional $2,030.50 in engineering and testing costs; and authorize the City Manager to execute the same: 3. Approve the First Addendum to the Lease Agreement for the Fire Station (190 Jackson Ave.): 4. Resolution No. 2014-33; revising the Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions; and an effective date: 5. Resolution No. 2014-34; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Melanie Evans): 6. Resolution No. 2014-35; appointing a Member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Maria "Mickie" Kellum): A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Petsos, to approve the Consent Agenda. 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. PUBLIC HEARING: 7. Ordinance No. 13-2014; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc. pursuant to Section 2.12(3) of the City Charter; adopting the Solid Waste Rates set forth in the Solid Waste Franchise Agreement; providing for 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. City Manager Greene explained the changes to the Contract, the rates, which are the lowest among municipalities in City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 4 of 5 Brevard County and advocated to continue to work with Waste Pro of Florida. A motion was made by Mayor Pro Tern Petsos, seconded by Council Member Bond, for approval of Ordinance No. 13-2014. Mayor Randels offered an additional opportunity for public comment and none was received. 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. 8. Ordinance No. 14-2014; adopting the amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013, and ending September 30, 2014; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, first reading: Attorney Garganese read the Ordinance title into the record. Mayor Randels explained the Ordinance purpose. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Mayor Randels noted the anticipated ending fund balances. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 14-2014. 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. ITEMS FOR ACTION: 9. Consider Application for Satisfaction or Release of $77,850.00 Code Enforcement Lien, Case No. 11-00040; 8652 N. Atlantic Avenue: This item was withdrawn at the request of the Applicant and no action was required. 10. Consider Application for Satisfaction or Release of $5,925.00 Code Enforcement Lien, Case No. 12-00012; 201, 203, 205 Jefferson Avenue: Mayor Randels reviewed the violation, the accrual of the Lien and actions taken to bring the property into compliance. He explained the Applicant/Current Owner's request for reduction in the Lien amount. City Manager Greene reviewed the calculations and the recommendation of the Code Enforcement Board. Property Owner Mr. Mustapha Khan explained his desire for reduction in the Lien amount beyond what is recommended by Staff/Code Enforcement Board. Discussion ensued and included: whether the Applicant was aware of the Lien prior to purchasing the property; that the Applicant is living in the property; how quickly the Applicant brought the property into compliance; and that each lien reduction must be judged upon its own merits. City Manager Greene modified the recommendation to reduce the Lien to $3,000.00. A motion was made by Council Member Bond, seconded by Council Member Hoog, that we follow the City Manager's guidelines to reduce the lien to $3,000.00. 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. Mayor Randels noted the City desires for compliance rather than taking people's money. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 5 of 5 REPORTS: Council Member Hooq complimented Staff on the improvements at Manatee Sanctuary Park. Mayor Randels noted the activities of City Government Week. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:20 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, Administrative Services Director SEAL of Cape Canaveral, Florida