HomeMy WebLinkAboutMinutes 01-17-2017CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 17, 2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:59 P.M. Council Member Rocky
Randels led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Human Resources/Risk Management Director Jane Ross
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriff's Office Commander Alan Moros
PUBLIC PARTICIPATION: None.
PRESENTATIONS/INTERVIEWS: Recognition of Tim Carlisle for bravery and quick action
during an apartment fire on November 7, 2016 at 112 Buchanan Avenue: Mayor Hoog spoke of life-
saving actions taken by PWS Infrastructure Maintenance Supervisor Tim Carlisle who reported an
apartment fire and assisted a woman who was in danger. Public Works Services Director Lotspeich
and Community Engagement/Deputy Public Works Services Director Surprenant expressed
appreciation and presented Mr. Carlisle with an inscribed gift clock from the City. Mr. Carlisle
thanked the City Council and Staff.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2017
Page 2 of 4
Presentation of Key to the City to Melanie and Rick Evans and proclaiming January 17, 2017 as
Melanie and Rick Evans Day: Mayor Hoog read and presented the proclamation for Melanie and
Rick Evans Day as Culture and Leisure Services Director Vergara, Recreation Leader Mary Jane
Binney and Brevard County Police Athletic League (PAL) Members joined the Evans' at the
podium. They received a Key to the City plaque for their frequent volunteerism and financial
generosity to the community. Mrs. Evans expressed thanks, spoke regarding her PAL involvement
and praised PAL kids' contributions to the community.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion.No items were removed.
1. Approve Minutes for December 20, 2016 Regular City Council Meeting.
A motion was made by Council Member Walsh, seconded by Mayor Pro Tem McMillin, to
approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council
Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member
Randels, For and Council Member Walsh, For.
PUBLIC HEARINGS:
2. Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City Code
to clarify that drinking,consumption or possession of open containers of alcoholic beverages upon
public dune crossovers is unlawful; providing for penalties for violations of Chapter 6, Article III
of the Cape Canaveral City Code, including a Class I Civil Citation penalty; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the City Code;
severability and an effective date, second reading: City Attorney Garganese read the title into the
record and explained the item. Mayor Hoog clarified this action does not pertain to alcohol on the
beach. The Public Hearing was opened. There being no comment the Public Hearing was closed.
A motion was made by Council Member Randels, seconded by Council Member Mayor Pro
Tem McMillin,for approval of Ordinance No.01-2017 at second reading.The motion carried
5-0 with voting as follows: Council Member Brown,For; Mayor Hoog,For; Mayor Pro Tem
McMillin, For; Council Member Randels, For and Council Member Walsh, For.
3. Ordinance No. 02-2017; amending Appendix B of the City Code, related to assessment of
Building Permit fees; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, second reading: City Attorney
Garganese read the title into the record and explained the item. Discussion ensued and included
the International Building Code, appraisals, permit fees and higher costs for building materials in
Florida, how this action will protect the citizens and how no profit is made from building permit
fees. The Public Hearing was opened. There being no comment the Public Hearing was closed. A
motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, for
approval of Ordinance No. 02-2017 at second reading.The motion carried 5-0 with voting as
follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For;
Council Member Randels, For and Council Member Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2017
Page 3 of 4
4. Ordinance No. 03-2017; amending Sections 50-4 and 2-283 of the Cape Canaveral City
Code regulating sleeping and camping upon public streets and sidewalks, beach end streets, beach
dune crossovers, beaches and parks; providing for procedures to remove personal property
remaining in camp sites; providing for penalties; and providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the City Code; severability and an effective date,
first reading: City Attorney Garganese read the title into the record, explained how the Ordinance
works, the Constitutional issues and necessities that have to be addressed regarding enforcement
and evolving case law. Discussion ensued and included: available shelters, personal property left
by homeless people or any person, procedures and protocol of enforcement and what happens
when the homeless are encountered on the beach. Commander Alan Moros described how
procedures and rules are carried out now. More discussion ensued regarding the CETA Mission in
Melbourne being the nearest shelter unless the weather temperature drops and then the Sharing
Center in Cocoa opens; how the courts look at the life necessities of the homeless; the Brevard
Coalition of the Homeless and how close some people are to homelessness. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
Mayor Pro Tem McMillin, seconded by Council Member Brown, for approval of Ordinance
No. 03-2017, first reading. The motion carried 5-0 with voting as follows: Council Member
Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels,
For and Council Member Walsh, For.
ITEMS FOR ACTION:
5. Authorize removal of two (2) Specimen Trees at 110 & 112 Ocean Garden Lane at a
mitigation ratio of one-to-one: Discussion ensued and included: the pros and cons for approval of
the Item and mitigation on the City's part; replacement of the trees instead of resorting to the Tree
Bank onsite or on public property; the City's formula on tree size; other trees on the property that
are not coming down. A motion was made by Council Member Randels for approval of the
request as outlined. Discussion continued regarding the Item. City Manager Greene explained
ratios, costs and alternatives. He stated that if City Council prefers, Staff could work on a more
stringent ordinance. The motion was seconded by Mayor Pro Tem McMillin. The motion
carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For; Mayor
Pro Tem McMillin, For; Council Member Randels, For and Council Member Walsh, For.
REPORTS:
City Manager Greene provided an update on the graffiti issues,how the Brevard County Sheriffs
Office and Staff are actively monitoring the situation and remain engaged. He stated Staff is
working on the PACE (Property-Assessed Clean Energy) Program involving sustainability issues
and it is tentatively scheduled to appear on the February City Council Meeting Agenda; in addition
he urged people to be mindful of the balance between the amount of emails Staff receives and
allowing Staff the time to do the jobs for which they are employed.
Council Member Walsh thanked City Manager Greene for the update; and stated she shared the
Brevard County Sheriff's Office non-emergency phone number and the "Report a Concern" link
City of Cape Canaveral, Florida
City Council Regular Meeting
January 17, 2017
Page 4 of 4
from the City website on Social Media to assist the community in reporting graffiti and other items
directly instead of just Facebook.
Council Member Randels shared his involvement with a variety of events and meetings throughout
Brevard County; reported he took part in a Smart Growth America national webinar in which he
learned Brevard County ranks number two nationwide in pedestrian accidents and deaths. He
expressed thanks to the Evans'.
Council Member Brown announced registration for the 2017 Mayors' Fitness Challenge has been
extended until Friday, January 20, 2017; thanked Commander Moros and the Brevard County
Sheriff's Office for the quick response to a burglary at Bayport;mentioned he will be taking a trip
to Tallahassee in the near future with other voting delegates of the Space Coast League of Cities
and will be recommending items to legislators such as supporting the Indian River Lagoon,
opposing a firefighters presumptive cancer bill, supporting protection of all local revenue for cities,
opposing the amendment to election law to choose arbitrary election dates for city officials and
will be seeking funds for building a new Brevard County Emergency Management Office.
Mayor Pro Tem McMillin expressed thanks to Mr. and Mrs. Evans; encouraged reading the City's
Weekly Updates; stated he is enrolling in next year's LEAD (Lead Engage Achieve Develop)
Brevard Program. He stated he looks forward to working with Staff regarding the City's tree
program and homelessness issues.
Mayor Hoog encouraged members of PAL to join the Mayors' Fitness Challenge and explained
the event involves competing with other cities, mentioned attending the Florida Beer Company
celebration with the new owners out of Trinidad, their goal being to double the size of the operation
in Cape Canaveral. He thanked Mr. and Mrs. Evans.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:58 P.M.
Mia Goforth, CMC , City Clerk Bob Hoog, Mayor
SEAL of Cape Canaveral, Florida