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HomeMy WebLinkAboutcocc_council_mtg_minutes_20200519CAPE CANAVERAL REGULAR CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar MINUTES May 19, 2020 6:00 P.M. CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and read a COVID-19 Pandemic Emergency Statement. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Member Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melinda Huser Daniel LeFever Lisa Day Andrew Walters Dave Sargeant Mayor Hoog read a statement to remind everyone participating in all public meetings of the City to conduct themselves professionally and follow proper procedures and protocol. STATEMENT OF CMT PROCEEDINGS: Mayor Hoog read guidelines for conducting the virtual proceedings via communications media technology (CMT). Mayor Hoog announced a request from Council Member Kellum to add an additional Discussion Item to the Agenda. Council reached consensus to discuss the Add -On Item regarding Special Meetings under Council Member Kellum's Discussion Item No. 5. Mayor Hoog announced the COVID-19 Fee Reductions Memo and email regarding same will be submitted as an additional item into the record. PUBLIC PARTICIPATION: City Clerk Goforth read emails, attached herewith, into the public record regarding vacation rentals, proper decorum during public meetings, protecting the City's City of Cape Canaveral, Florida City Council Meeting — Regular CMT May 19, 2020 Page 2 of 4 water and concerns over litter attached herewith. City Attorney Garganese provided an update on vacation rental restrictions under Governor DeSantis' Executive Order. Interim City Manager Morley indicated Brevard County is investigating the vacation rental application. Mayor Hoog stated there would be no discussion over the complaint regarding the conduct of Council Member Raymond, the matter would be forwarded back to City Management and City Attorney Garganese and commented that people should police themselves regarding litter. CONSENT AGENDA: Mayor Hoog asked if any Council Members wished to remove any Items for discussion. Council Member Morrison removed Item 2. 1. Approve Minutes for the April 14, 2020 and April 21, 2020 Special and Regular Meetings. 2. Resolution No. 2020-01; amending Appendix B, Schedule of Fees of the City Code related to Building Permits and Community Appearance Board applications; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 3. Resolution No. 2020-10; reappointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (Bob Nienstadt) 4. Approve Work Squad Contract #W1140 Amendment 2 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of $57,497 and authorize Interim City Manager to execute same. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to accept Consent Agenda Item Nos. 1, 3 and 4. The motion carried 5-0. 2. Discussion ensued and included clarification on reduction and increase of fees in the Resolution, removing the Community Appearance Board from the review process regarding LED lights in the City Code, lumens, mural approval process, content -neutral signage and the difference between lighting on windows and signage. City Attorney Garganese advised how the Community Appearance Board operates under certain criteria, murals are prohibited in the City Code unless it goes to the Community Appearance Board, design, color and texture must meet criteria in City Code Chapter 22, how some murals can trigger an issue for wall signage and the legitimate purview of the Board to review murals. Discussion ensued and included Building Division Fees reduction, why certain cities and counties were not included in Staff's Building Permit Fee survey, flat fees versus charges based on percentages for the cost of a job, how anything done now to reduce costs will have to be paid back later, the vote to reduce fees in April 2019, how a number of residents at home due to the pandemic are now able to get improvements done, and allowing Staff to revise the fee schedule as directed by Council. Council reached consensus to bring Resolution No. 2020-01 back to Council with fee revisions agreed to by Council and recommended by Staff. Discussion ensued to revise the Resolution effective immediately in order to bring relief to customers and the community; then come back later with additional revisions to the last four valuations within the fee schedule brackets and LED application process changes. Interim City Manager Morley suggested Council postpone the entire item, discussing City of Cape Canaveral, Florida City Council Meeting — Regular CMT May 19, 2020 Page 3 of 4 permit fee reductions under Item No. 7 and allow Staff to bring back a mathematically -clean Resolution No. 2020-01. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to postpone Agenda Item No. 2, Resolution No. 2020-01. Motion passed 5-0. Mayor Hoog approved the reading of an additional email received by the City to be read into the public record as requested by City Clerk Goforth regarding Item No. 4, attached herewith. Discussion ensued regarding the concerns contained in the email regarding the City Work Squad Contract and the work the prisoners perform for the City. Mayor Hoog recessed the meeting as requested by Council Member Morrison. The meeting reconvened at 8:03 P.M. ITEMS FOR DISCUSSION 5. Review and discuss City Code 18 — Declaration of Civil Emergencies and how the present Code applies to the unprecedented Pandemic Civil Emergency. (Submitted by Council Member Kellum): Council Member Kellum explained the Item. Discussion ensued included suggestion for Council Member Kellum to draft proposed changes to the City Code and bring back to Council, conducting a workshop, City Attorney Garganese request for collective thoughts from the City Council, recommended caution on limiting powers in unprecedented emergencies and State and County preemptions, Interim City Manager Morley's recommendation for the City Council to use Canaveral Fire Rescue Chief Sargeant and Brevard County Sheriff's Office, Canaveral Precinct Commander Walters as resources for Code language questions and research, City Clerk's Office will collect Council comments in repository for review by Staff and City Attorney Garganese to draft an ordinance for future review. Mayor Hoog inquired and received no public comments. Add -On Item -Discuss Section 2-57 of the City Code pertaining to Special Meeting Requests: Council Member Kellum explained the Item. Discussion ensued and included suggested revisions to the Code to allow the City Manager to call a Special City Council Meeting in between regular meetings and various ways to initiate the call and the City Clerk's duties in coordinating a Special Meeting. City Attorney Garganese explained the City's form of government and differences between the various types of official meetings in the Code. Council reached consensus for Staff to work with City Attorney Garganese to present a draft ordinance at the next Regular City Council Meeting. Mayor Hoog inquired and received no public comments. 6. Discussion on rescheduling the 2020 Strategic Planning Retreat that was cancelled due to the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Discussion ensued regarding when, if and how to hold a Retreat meeting, explanation of the SWOT process, situational review of goals and how the Retreat can happen at any time without the Budget section, costs and payment to the Consultant for hours worked and whether the Consultant is needed. Administrative/Financial Services Director DeLeo recommended holding the Strategic Planning during a regularly scheduled meeting after Council has had a chance to review the Proposed Budget on July 1, 2020. Discussion ensued. Mayor Hoog inquired and received no public comments. Discussion on Reducing Fees and Regulations for the Community in response to Executive Orders related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison City of Cape Canaveral, Florida City Council Meeting — Regular CMT May 19, 2020 Page 4 of 4 explained the Item, made reference to Interim City Manager Morley's Memorandum and email of May 13, 2020 to Council submitted as an additional item to this subject and made reference to during Item No. 2, Resolution No. 2020-01 and stated that anything Council decides upon today, he would be in support of a September 30, 2020 deadline. Council reached consensus to move forward with Memo recommendations 1 through 7 and delay decision on 8. Discussion ensued regarding the end of the fiscal year deadline and the recommendations within the Memo, home -based businesses, the advice by City Attorney Garganese to make a motion to put the fee -based recommendations within a resolution, deferring the new business applications fairly and the need to make a distinction between Fiscal Years; Interim City Manager Morley reviewed the Melbourne City Council fee waiver actions. City Attorney Garganese stated Code Enforcement fines are determined by the Special Magistrate for the City. Discussion continued. Council reached consensus to waive registration fees for the first Friday Fest between now and September 30, 2020, with a credit back to vendors that prepaid. A motion made by Council Member Kellum, seconded by Council Member Raymond, to adopt a resolution waiving fees 1 through 7 as presented in the Interim City Manager's Memorandum dated May 13, 2020, and a sixty-day deferral of number 8 regarding Business Tax Receipts applications received between now and September 30, 2020 and waiving registration fees for Friday Fest vendors for any such event held between now and September 30, 2020 with an appropriate credit to vendors that prepaid. Mayor Hoog inquired and received no public comments. City Attorney Garganese stated he would present the Resolution for his signature. Motion carried 5-0. 7. Discussion Policy and Budget under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Discussion ensued regarding financial reports provided to the Council, COVID-19 related Budget expenditures, contingency and emergency policy in the Code and how the issues could have been discussed with Staff prior to this discussion. City Attorney Garganese made a point of Order regarding City Code Section 2-69 which requires adjournment at 10:00 P.M. unless a super -majority of the City Council makes a motion to extend. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Brown, to adjourn the Meeting and carry the Item over to the next meeting. Motion carried 5-0. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:26 P.M.