HomeMy WebLinkAboutMinutes 12-16-2014CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 16, 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.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Hoog
Council Member 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
Brevard County Sheriff Lieutenant Alex Herrera
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Amber Kourofsky, representing Fannie Mae, requested Item #2 be removed from the
Consent Agenda. Attorney Anthony Garganese explained only the Council Members or
Staff can remove an item from the Consent Agenda. A motion was made by Mayor
Pro Tem Hoog, seconded by Council Member Petsos, to remove Item # 2 from the
Consent Agenda for further discussion. 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.
John Benton expressed displeasure with the Code Enforcement Board's ruling that he is
living in a warehouse unit. He indicated he is not living in the unit; however, there are
other individuals who are doing so. Attorney Garganese advised the Council to refer the
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City Council Regular Meeting
December 16, 2014
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issue to the City Manager. Mr. Benton continued to explain his position. City Manager
David L. Greene indicated Mr. Benton should schedule a meeting with him.
Pastor Paul Rosbury explained his work in Brevard County and presented the City
Council/City Manager with Bibles and a handout entitled "Proverbs and Politicians". He
offered his services to arrange for pastors to provide invocations and indicated
pastors/ministers of Brevard County will be praying for the Elected Officials each week.
Marilyn Rigerman, representing the Space Coast Art Festival, thanked the City Council,
Staff and Citizens for their support of the event. She presented gifts for City Council
Members/Staff and indicated the event is scheduled to be held at the Port again in
2015. Mayor Randels asked how long she has been involved with the Festival, to which
she replied 10 years.
Melanie Evans explained the work of the Business and Economic Development Board
to rebrand the City. She requested individuals complete the on-line Survey at
www.mycapecan.com.
Eva Errante spoke in opposition to the proposed gas station and noted items that could
be on the site instead.
CONSENT AGENDA:
Mayor Randels inquired if any additional items are to be removed from the Consent
Agenda for discussion. Only Item #2 was removed.
1 . Approve Minutes for Regular City Council Meeting of November 18, 2014:
2. Approve an Application for Satisfaction or Release of Code Enforcement Lien
from $49,500.00 to $36,000.00, Case No. 2010-00140, 8713 Hibiscus Court:
3. Appoint Mayor Randels as the Voting Delegate to the Space Coast
Transportation Planning Organization (TPO) Governing Board, representing the North
Beaches Coalition of Cape Canaveral and Cocoa Beach; reappoint Jeff Ratliff as the
Voting Delegate to the Technical Advisory Committee (TAC) with Lonnie Dunn as the
Alternate; and reappoint John Price as the Citizen Advisory Committee (CAC)
representative:
A motion was made by Council Member Petsos, seconded by Council Member
Walsh, to approve Items 1 and 3. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
Item #2: Amber Kourofsky explained actions taken by Fannie Mae to bring the property
into compliance at an approximate cost of $55,000.00. She advocated for further
reduction of the lien to $12,000.00 and indicated the property is currently under contract
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City Council Regular Meeting
December 16, 2014
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for a third time. Discussion ensued and included: time frame for the present owner to
achieve compliance was August 2013 to June 2014; that a lender cannot enter, make
changes or repairs to a property until they have title to the property; that the fine was
calculated from November 2013; the loss of two prior sales offers, the length of time the
City has had to live with dilapidated property; elimination of the liens filed under the prior
owners; current sales contract is for $60,000.00; and recommendation of the Code
Enforcement Board to reduce the lien to $36,000.00. During discussion, counter offers
were made by Ms. Kourofsky, however none were accepted. A motion was made by
Council Member Bond, seconded by Mayor Pro Tern Hoog, to approve Consent
Agenda Item #2 as written (reduction from $49,500.00 to $36,000.00). 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. Attorney Garganese explained payment is due within 30 days or
the lien will revert to the full amount owed and a reduction could not be reconsidered for
12 months.
PUBLIC HEARINGS:
4. 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, second
reading: Attorney Garganese read the Ordinance title into the record and provided a
brief explanation of same. 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 Bond, to adopt Ordinance No. 15-2014 on
second reading. 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. Ordinance No. 12-2014; amending City Code Chapter 22, Community
Development, related to administrative extensions of Community Appearance Board
Approvals; amending City Code Chapter 110, Zoning, related to administrative
extensions of Site Plan approvals; 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
provided a brief explanation of same. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. A brief discussion of the Ordinance
ensued and it was noted a letter of support was received from the Economic
Development Commission. A motion was made by Council Member Walsh,
seconded by Council Member Petsos, for approval of Ordinance No. 12-2014. 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.
6. Ordinance No. 01-2015; amending Chapter 102, Vegetation, of the Code of
Ordinances; amending Definitions and Permit Exceptions related to Hazardous Trees;
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City Council Regular Meeting
December 16, 2014
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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 provided a brief explanation of same. The
Public Hearing was opened. Mayor Randels provided additional explanation of the
Ordinance. An unidentified person asked how a tree would be determined as a
Hazardous Tree, to which Attorney Garganese read the applicable portion of the
Ordinance. Shannon Roberts expressed concerns that favor would be given to
developers or inappropriate classifications of trees would allow modernization of a
structure. Mr. Greene re-read the applicable portion of the Ordinance and provided
explanation of his enforcement intentions. An unidentified person asked how one
receives authority to cut down a Hazardous Tree and what happens if someone cuts a
tree down without making application. Community and Economic Development Director
Todd Morley explained a person must first apply for tree removal and a determination
would be made as to whether it is a Hazardous Tree. It was noted individuals face Code
Enforcement action for not following the Code. The Public Hearing was closed. Council
comments included the need to rely upon the training of the certified City Arborists. A
motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos,
to approve Ordinance No. 01-2015. 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. 02-2015; amending Chapter 22, Community Development, of the
Code of Ordinances; amending the duties of the Business and Economic Development
Board; 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 provided a brief explanation of
same. The Public Hearing was opened. Mayor Randels provided additional explanation
of the Ordinance. Board Member Melanie Evans expressed appreciation for the
changes. The Public Hearing was closed. Council Members expressed support for the
Ordinance and how it could encourage volunteer service. A motion was made by
Council Member Petsos, seconded by Mayor Pro Tern Hoog, for approval of
Ordinance No. 02-2015. 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.
ITEMS FOR ACTION:
8. Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities (SCLOC): Mayor Randels explained the SCLOC mission and noted
Council Members' prior participation on the SCLOC Board. Mayor Pro Tem Hoog felt it
was time to let someone else be the Voting Delegate. A motion was made by Mayor
Pro Tem Hoog, seconded by Council Member Petsos, to appoint Council Member
Bond as the Voting Delegate. A motion was made by Mayor Pro Tem Hoog,
seconded by Mayor Randels, to have Council Member Petsos serve as the
Alternate. Both Motions carried 5-0 with voting as follows: Council Member
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City Council Regular Meeting
December 16, 2014
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Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
9. Authorize Removal of a Specimen Tree at 139 Oak Lane: This item was removed
from the Agenda and no action was taken.
REPORTS:
City Attorney Garganese wished everyone a Merry Christmas and a Happy New Year.
Council Member Bond spoke of the scholarships awarded by the SCLOC in the Spring
and wished all present a Merry Christmas, safe New Year and be well.
Council Member Walsh explained City Staff Members are also eligible to apply for the
(SCLOC) Scholarship. She extended Merry Christmas and Happy New Year to all and
for those celebrating Hanukkah or anything else, Happy Holidays. She advocated for
everyone to have a safe and happy Holiday filled with happiness, love and everything
else your families enjoy.
Council Member Petsos complimented Leisure Services Staff on the great job they have
done on their events. He noted the Fire Department was planning a Public Opening of
the New Station in the New Year. He wished all a Merry Christmas.
Mayor Pro Tem Hoog expressed his desire for everyone to have a Merry Christmas.
Mayor Randels explained the funds raised by the Reindeer Run go to the Brevard
County Police Athletic League (PAL). He noted Staff's successful work on the "Light up
Cape Canaveral" event, where the PAL assisted. He welcomed Lt. Alex Herrera back to
Cape Canaveral. Mayor Randels wished all a safe Holiday, thanked those present for
taking the time to come to the meetings and complimented Staff on a fabulous 2014.
He advocated for everyone to take the Branding Survey and noted the third largest ship
in the world was at the Port this week.
City Manager Greene wished all a safe and joyous Holiday Season.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:28 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Administrative Services Director
SEAL of Cape Canaveral, Florida