HomeMy WebLinkAboutMinutes 11-18-2014CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
November 18, 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. Mayor Randels provided direction for the use of the speaker cards.
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 Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
PUBLIC PARTICIPATION:
Alex Penn commented on the great job done by the City Council. He shared his
observations of the Cape Shores area of A1A, referred to the Vision Statement and its
advocating to have tree lined streets. He expressed his appreciation for the trees on
the west side of A1A.
Jim Massoni of the Florida Beer Company thanked the Council Members for their
service and congratulated Council Member Hoog and Walsh on their re-election. He
spoke about Consent Agenda Item #5 and noted that some of the subject easements
are involved in litigation. He provided historical information related to the access to his
City of Cape Canaveral, Florida
City Council Regular Meeting
November 18, 2014
Page 2 of 5
property at 200 Imperial Boulevard and encouraged the City to explore other avenues to
get the water to the new hotel.
Attorney Jack Kirschenbaum, representing the Florida Beer Company, provided
additional information about the litigation and the location of water lines to serve the
area.
Attorney Anthony Garganese explained the location of the easements that are on the
Agenda. A discussion ensued and included: the purpose of the easements; the
location of the 8" water line needed to serve the new hotel; the possibility that the
private roads may be deeded to the City; that the City is not taking a position/side in the
litigation; that the City is trying to move forward in the best interests of the City; the
future possibility of a north/south road to the Port; the regional approach to make
improvements in the area for future developments; the standards of the Overlay District
and the possibility of a future unity of title document, which is not a part of the
easements. Mayor Randels explained it is not the Council's normal course of business
to enter into dialog on items brought forth under the Public Participation item.
OATHS OF OFFICE: Attorney Garganese administered the Oath of Office to Council
Members Bob Hoog and Betty Walsh.
SELECTION OF MAYOR PRO TEM: Mayor Randels explained the Charter provides for
the appointment of a Mayor Pro Tem for a one year term. A motion was made by
Council Member Walsh, seconded by Council Member Petsos, to nominate Bob
Hoog as Mayor Pro Tem. The nominations were closed. The motion carried 5-0 with
voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
PRESENTATIONS / INTERVIEWS:
Interview Applicant for appointment to the Board of Adjustment (William "Joe" Elliott):
Mayor Randels noted the recommendation from the Board of Adjustment to appoint Mr.
Elliott to the Board. Attorney Garganese asked Mr. Elliott if all information on his
application was true and correct, to which he responded in the affirmative. Attorney
Garganese asked Mr. Elliott if he would have any problems serving in an impartial way.
Mr. Elliott indicated he had no problem being impartial and understands the rules and
regulations. Council Members comments included: Mr. Elliott's prior service on the
Planning and Zoning Board, items on Mr. Elliott's resume and their appreciation for his
desire to serve the City.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Council Member Bond requested removal of item #5.
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City Council Regular Meeting
November 18, 2014
Page 3 of 5
1. Approve Minutes for Regular City Council Meeting of October 21, 2014:
2. Approve the 2015 City Council Regular and Tentative Budget Meeting Schedule:
3. Resolution No. 2014-36; appointing a Member to the Board of Adjustment of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (William "Joe" Elliott):
4. Approve Donation Agreement between Health First, Inc. and the City of Cape
Canaveral for purchase and installation of four exercise/fitness clusters at Xeriscape
Park and authorize the City Manager to execute the Agreement:
5. Accept four (4) Public Utility Easement Agreements for property north of Lift
Station #6; authorize execution by the City Manager; approve credits for future Sanitary
Sewer Connection Fees and/or Impact fees in the amount of $83,100 and record a
consensus related to a future unification instrument:
A motion was made by Council Member Petsos, seconded by Council Member
Walsh, to approve items one through four. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
#5. Discussion ensued and included: the location of the water line and the
importance of it to future development; the improvements that are needed to the lift
station in the area; the work to build a north/south road between the Port and Imperial
Blvd.; the indemnification by the property owners, which the City is relying upon;
whether the access is by prescription rather than official easement; the costs associated
with taking property by eminent domain; should the City acquire the roads, grants would
be sought to make the necessary improvements; an explanation of the recommendation
to make a general consensus for a commitment to work in good faith with the owners
toward a mutually agreeable unification instrument for the properties owned by Sheldon
Cove and that this is not a part of the easement agreements; and that the documents
are in order/ready for Council action. A motion was made by Council Member Bond,
seconded by Mayor Pro Tern Hoog, that we approve item # 5 as written. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
PUBLIC HEARINGS:
6. 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, second reading: Attorney Garganese
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City Council Regular Meeting
November 18, 2014
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read the Ordinance title into the record. Mayor Randels noted the dates of the first
reading and advertisement. He explained the Ordinance purpose and stated the
anticipated ending fund balances. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. A motion was made by Council
Member Walsh, seconded by Council Member Petsos, to adopt Ordinance No. 14-
2014. The motion carried 5-0 with voting as follows: Council Member Bond, For;
Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
7. Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; 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. Mayor Randels explained
the Ordinance allows additional items in the property setbacks. He noted the positive
recommendation of the Planning and Zoning Board. The Public Hearing was opened.
An unidentified individual from the audience asked the Mayor to read the allowed items,
to which he did. City Manager Greene indicated the Ordinance only adds air
conditioners and pool equipment to the items allowed in the side setbacks. The Public
Hearing was closed. Council Member Petsos asked for an Ordinance revision to correct
a scrivener's error by inserting "un" in front of "enclosed". A motion was made by
Council Member Walsh, seconded by Council Member Bond, to approve the
Ordinance with the change. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
Council Member Bond noted his attendance at the quarterly meeting of the Brevard
Tobacco Initiative Partnership, where they presented the City of Cape Canaveral with a
Certificate of Appreciation for the City's contributions to the mission of Students Working
Against Tobacco (SWAT). He congratulated Mayor Pro Tem Hoog and Council Member
Walsh on their re-election to office and complimented Staff on the improvements at
Manatee Sanctuary Park.
Council Member Walsh expressed appreciation to the voters and wished everyone a
Happy Thanksgiving with safe travels. She encouraged attendance at "Light-up Cape
Canaveral" on December 6, 2014.
Council Member Petsos complimented Public Works Services and Deputy Director
Lonnie Dunn for Veterans Day preparations. He encouraged attendance at the
Thursday Police Athletic League Dinner.
Mayor Pro Tem Hoog thanked the voters and expressed desire to continue planned
projects.
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City Council Regular Meeting
November 18, 2014
Page 5 of 5
Mayor Randels noted work toward implementation of the Community Vision Plan.
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