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Home My WebLink AboutMinutes 05-17-2016CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY May 17, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:58 P.M. and 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: Community Development Director David Dickey City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Human Resources Director Jane Ross 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 Commander Paul Ring Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION:None PRESENTATION/INTERVIEWS: Key to the City Plaque — Brevard County Sheriffs Office Commander Paul Ring: Mayor Hoog stated that although Paul Ring will be leaving the Canaveral Precinct shortly, he will be the new Commander on May 21 and announced the City would recognize him tonight as Commander. Mayor Hoog noted Commander Ring's career accomplishments with the Brevard County Sheriffs Office (BCSO) since joining in 1986, thanked him for his service and presented him with a Key to the City Plaque. Commander Ring thanked everyone and mentioned working at the Canaveral Precinct for the last three years has been a blast with City Manager Greene, Staff, Mayor Hoog City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2016 Page 2 of 4 and City Council; he thanked those in the audience including his family, BCSO Senior Staff Assistant Amy Moody and BSCO Process Server Lisa Forester. Presentation to the City of Cape Canaveral in recognition of its commitment to professional management as a Council-Manager form of government for more than fifty (50) years,by St. Lucie County Administrator Howard N. Tipton, the Florida City and County Management Association (FCCMA) and the International City/County Management Association (ICMA): Mayor Hoog announced St. Lucie County Administrator Howard Tipton was not able to attend tonight and this Item would be postponed to a later time. Interview Applicant for appointment to the Code Enforcement Board (Charles Hartley): City Attorney Garganese inquired if all of the information on Mr. Hartley's application was true and correct to which he responded in the affirmative. Attorney Garganese asked if he felt comfortable, within the Code Enforcement Board capacity, to adjudicate people guilty or not guilty and, if guilty, impose fines on fellow residents of Cape Canaveral to which Mr. Hartley responded yes and shared that his background as a claims consultant for an insurance company gave him experience in that capacity. Council Member McMillin brought out the fact that Mr.Hartley served as his Campaign Treasurer and questioned if that would affect his ability to vote. Attorney Garganese stated it was his opinion, under Florida Statutes, there is no conflict of interest. Discussion ensued and included: how Council Members were comfortable with appointing Mr. Hartley to the Board;how fines are imposed,the lien process and how the City Council is deciding on whether to change the procedure;and Mr.Hartley's opinion of the proposed Ordinance.Council Members expressed appreciation for his desire to serve. CONSENT AGENDA: Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meeting of April 19, 2016. 2. Resolution No. 2016-07; appointing Member to the Code Enforcement Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Charles Hartley) 3. Award the Banana River Park North Parking Lot Improvements Bid #2016-01 to SDV Services, LLC, in the amount of$93,742 and authorize the City Manager to execute the Construction Agreement for same. 4. Award the Banana River Park Putting Green (phase II) and Bocce Ball (phase III) Construction RFQ #2016-01 to Southwest Greens of Florida, LLC., in the amount of $61,000 and authorize the City Manager to execute the Construction Agreement for same. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2016 Page 3 of 4 Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. PUBLIC HEARING: 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, second reading: Attorney Garganese read the Ordinance title into the record. He explained the current lien process, how the new Ordinance would change it and offered to answer any technical questions Council might have. Mayor Hoog mentioned removing of the word "factual" on page three as passed on first reading and how the change did not appear in tonight's draft. Discussion ensued regarding the intent of leaving the word in the Ordinance,whether to leave the word in or not and how it could be revised later. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Discussion ensued and included: how last fall, the City Council discussed making the fines commensurate to actual issues,not defining who is responsible for lien reductions; discomfort in taking this procedure out of Council hands; how this is not being called a power grab, but the intent is to make things more efficient; how it is part of Council duties to decide on lien reductions; purpose of the new procedures; keeping the Council focused on policy matters; several alternatives regarding delegating the authority to approve code enforcement lien reductions other than delegating that authority to the City Manager as originally proposed. The City Council reached consensus that the authority to approve Code Enforcement lien reductions should be delegated to the Code Enforcement Board, subject to appeal to the City Council in order to streamline the current procedure. Based on this general consensus, the City Attorney reviewed and read into the record the various changes to the sections of the Proposed Ordinance that would be required in order to delegate that authority to the Code Enforcement Board rather than to the City Manager. A motion was made by Council Member McMillin, seconded by Mayor Pro Tem Walsh, to approve Ordinance No. 01-2016 on second reading, incorporating the changes read into the record by the City Attorney. 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. ITEM FOR ACTION: Removal of a Specimen Live Oak Tree at 310 Lincoln Avenue (Staff recommendation is for Denial): Community Development Director Dickey asked if the Applicant was present; no one came forward. Mr. Dickey explained the history of the Item and stated Staff recommendation was to deny removal of the tree on the basis that the Applicant has not met certain criteria listed in the Code. Discussion ensued and included: how the City takes Oak trees to heart; the need for some trees to go and those that do not; the City is a Tree City; cracks in the driveway are indicative of settling; tree hazard ratings; and if the City could be held liable by the decision of denying removal. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2016 Page 4 of 4 Attorney Garganese noted the Applicant has not demonstrated a waterline has been damaged or given any supporting evidence of; there is no reason the City should be held accountable in applying its own ordinance and reasonable judgement based on the facts. Discussion continued regarding what appeared to be recent excessive trimming of the specimen tree and how that could kill a tree. A motion was made by Council Member Bond, seconded by Council Member McMillin,to deny removal of a Specimen Live Oak Tree at 310 Lincoln Avenue. 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. Review and Approve the City Council Strategic Planning Retreat: Process and Results Report, City Council Strategic Planning Retreat Minutes and the Cape Canaveral Vision Statement (Revised): Mayor Hoog inquired if the City Council desired to discuss the Item. There being none, Mayor Hoog explained the process, the content and how Council and Staff came to together on decisions made at the Strategic Planning Retreat of April 27, 2016. A motion was made by Council Member Brown, seconded by Council Member Bond, to approve the City Council Strategic Planning Retreat: Process and Results Report, City Council Strategic Planning Retreat Minutes and the Cape Canaveral Vision Statement (Revised). 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: None ADJOURNMENT: There being no further business, the Meeting adjourned at 7:18 P.M. Mia Goforth Bob Hoog, Mayor City Clerk SEAL of Cape Canaveral, Florida