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
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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
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City Council Regular Meeting
October 21, 2014
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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