HomeMy WebLinkAboutMinutes 04-19-2016CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 19, 2016
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Council Member Brown
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Mike Brown
Mayor Bob Hoog
Council Member Brendan McMillin
Mayor Pro Tem Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Public Works Services Director Joyce Muse
Public Works Services Deputy Director Jeff Ratliff
Brevard County Sheriff Lieutenant Byron Keck
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:None
CONSENT AGENDA:
Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion;
Council Member McMillin removed item number two.
1. Approve Minutes for Regular City Council Meeting of March 22, 2016.
2. Resolution No. 2016-05; adopting a fire protection service charge for fire hydrant fees
pursuant to Section 38-8 of the City Code, effective April 1, 2016; providing for an
automatic 3% increase in such fees effective October 1st of each Fiscal Year unless
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City Council Regular Meeting
April 19, 2016
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otherwise determined by the City Council during adoption of the City's Annual Budget;
providing for incorporation into Appendix B of the City Code; providing for the repeal of
prior inconsistent resolutions, severability, and an effective date.
3. City Council Proclaim Saturday ,May 21, 2016 as"Kids to Parks Day"in Cape Canaveral.
A motion was made by Council Member McMillin, seconded by Council Member Bond, to
approve Items 1 and 3 from the Consent Agenda. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, For and Mayor Pro Tem Walsh, For.
#2 Council Member McMillin inquired about the reason behind the increase in fire hydrant
fees. City Manager Greene explained how the City of Cocoa audited fire hydrants in Cape
Canaveral discovering an under-count for a number of years, Cocoa not knowing how many fire
hydrants were in the City; other cities have experienced similar issues; the franchise agreement
requires Cocoa to maintain the fire hydrants; the decision to go forward with the three percent
increase, the City Council may decide to adjust the increase should Cocoa decide not to increase
fees for the full three percent; ISO(Insurance Services Office)rating impacts the City,the hydrants
need to be properly documented,maintained,tested and results recorded. A motion was made by
Council Member McMillin, seconded by Mayor Pro Tem Walsh, to approve Item 2. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member
Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh,
For.
PUBLIC HEARING:
6:20 p.m. 6.:45 p.m.
Ordinance No. 01-2016; Amending Article VI "Code Enforcement", of Chapter 2
"Administration", of the City Code of Ordinances, by amending Section 2-260 "application for
satisfaction or release of code enforcement liens" to revise the application procedures relating to
the satisfaction, release, or reduction of code enforcement liens and amending title of section;
providing for the repeal of prior inconsistent ordinances and resolutions; providing for
incorporation into the Code; providing for severability; and providing for an effective date, first
reading: Attorney Garganese read the Ordinance title into the record. He explained the current lien
process and how the new Ordinance would change it;he offered to answer any technical questions
Council might have. Discussion ensued and included: how the new process is streamlined and
saves the City money; the City Council's role in Code enforcement liens; how liens were a
particular issue during the recession and Florida is still number one in foreclosed and bank owned
properties; how it is better to have properties owner occupied as opposed to investor owned
because they are not as well maintained; and the requirement of properties to be registered in the
City while they are still investor owned. Council Member Bond suggested eliminating the word
"factual" on page three, item three of the Ordinance. Discussion continued regarding future policy
and whether or not it is appropriate for the City Manager to address the lien issues rather than City
Council; the appeal process; threshold costs regarding items that need to go before the Council as
policy makers representing the Community; the City Council's role vs. the City Manager, Staff
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City Council Regular Meeting
April 19, 2016
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roles and the fine line between policy and administration; how Council frequently changes the
Code after ordinances have been put into practice; other cities have similar processes; whether
Council is comfortable having the City Manager negotiate the large dollar amounts of some liens.
City Manager Greene stated he has always been mindful of the City's costs and explained the
overall goal is Code compliance not punitive; if he can leverage more money for the City he will
do the best he can. Discussion continued regarding how comfortable Council is with the new
process; the voter approved term limits in the City Charter and the checks and balances in the
system. City Manager Greene further explained the streamlining of the new policy and how details
will be included in Weekly Updates for those who choose to read them. City Attorney Garganese
pointed out the Code Enforcement Board has the ability to impose a fine of five hundred dollars a
day, fifteen thousand dollars a month or one hundred eighty thousand dollars a year if the property
does not come into compliance and this is not an expenditure, but rather a recovery of a fine as
much as practicable and reasonable under the circumstances;because a lot of these properties end
up getting fined,the City ends up with an absentee owner and the fines become disproportionately
high compared to value of the property. Discussion continued regarding how the Council can hold
the City Manager responsible; people buying these properties are not the ones causing the
problems; and the need to make the City whole with a proportional, punitive penalty. The Public
Hearing was opened. No comments received and the Public Hearing was closed. A motion was
made by Council Member Bond, seconded by Mayor Pro Tem Walsh, for approval of
Ordinance No. 01-2016, with the necessary changes. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, For and Mayor Pro Tem Walsh, For.
REPORTS:
Brenden McMillin stated he attended the Space Coast Transportation Planning Organization
meeting, noting there are possible new funding sources that he will bring to City Manager Greene's
attention; Atkins International made a presentation regarding the future of transportation and
interconnectivity to improve traffic flow and safety. He mentioned that during a chat with the City
Manager they discussed live streaming City Council Meetings on video; in research he found the
cost would be nine hundred dollars each Council session to post with Brevard County, make
available on the internet and the City website; he further explained how it costs Port Canaveral
fifteen thousand dollars to post their Commission Meetings live,how this is an issue that has been
brought up to him by several people and he would like to see that come to fruition soon. He noted
the new ice cream business coming to Cape Canaveral on SR A1A; he is looking forward to the
upcoming workshop; and how he would appreciate input from people who do not agree with him
at his Council chats.
Mike Brown thanked Staff for support of Relay for Life. He announced he received a quote for
playground equipment for Cape View Elementary School and would meet with City Manager
Greene about funding soon; and will be reaching out to a property owner on SR A1A regarding
painting the property.
John Bond thanked Staff for setting up the Space Coast League of Cities Meeting at the Radisson
Resort and noted the event went well; noted the N. Atlantic Avenue Project may appear as if
nothing is getting done, but assured that the company will meet the September 30th deadline;
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City Council Regular Meeting
April 19, 2016
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mentioned the aerial adventures company will be a great addition to the City and complimented
the new Cafe Monte Carlo.
Betty Walsh thanked Staff for the success and participation in the American Cancer Society Relay
for Life, helping overcome space restrictions for the Space Coast League of Cities Meeting and
the annual Keep Brevard Beautiful Trash Bash. She announced Founders Day coming up next
Saturday from 11 a.m. - 3 p.m.; and reminded everyone that Turtle Season is March 1 through
October 31, but Lights Out on the beach starts May 1. She added that Cape Canaveral Code
Enforcement and Brevard County partner with Port Canaveral if lights are seen after 9 p.m. from
the beach the property owners of condominiums and houses get written up for a violation with
fines.
Bob Hoog announced Arbor Day is April 29. City Manager Greene noted the City event will be at
Banana River Park. Graphic Design Contractor Joshua Surprenant explained 53 sixth graders will
be coming to plant trees and will each receive basil seeds to grow on a windowsill. City Manager
Greene stated the City will be recognizing environmental challenges such as being responsible
citizens with the Lagoon and recycling; these are in the process of being amped up. Mayor Hoog
mentioned Founders Day and thanked Mr. Surprenant for all of his work on the City website.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:52 P.M.
Mia Goforth Bob Hoog, Mayor
City Clerk
SEAL of Cape Canaveral, Florida