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HomeMy WebLinkAboutcocc_council_mtg_minutes_20200721_6pmCAPE CANAVERAL REGULAR CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar Tuesday July 21, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:23 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 Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Assistant 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 Joanna Seigel Dave Sargeant Christopher Quinn 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, as well as instructions for attendees wishing to participate remotely. PUBLIC PARTICIPATION: None. PRESENTATIONS/INTERVIEWS: Interview Applicant for appointment to the Planning and Zoning Board. (Steven Stroud): City Attorney Garganese confirmed the information contained in Mr. Stroud's application to be true City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 2 of 5 and correct. Mr. Stroud provided background information and reasons for his desire to serve. Council thanked Mr. Stroud. CONSENT AGENDA: Mayor Hoog asked the Council if any Items needed to be removed for discussion. Council Member Kellum removed Item 4. Council Member Morrison removed Items 1 and 3. 1. Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 8, 2020 Special Meetings. 2. Resolution No. 2020-07; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Steven Stroud) 3. Resolution No. 2020-15; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2020/2021 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 4. Consider Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183. (8497 Ridgewood Drive) 5. Approve Coronavirus Aid, Relief, and Economic Security (CARES) Act Interlocal Agreement between the City and Brevard County Board of County Commissioners and authorize Mayor to execute same. 6. Approve the Third Modification to Binding Developer's Agreement related to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) located at 1000 Shorewood Drive and authorize Mayor to execute same. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to pass Consent Agenda Item Nos. 2, 5 and 6. The motion carried 5-0. 4. Discussion ensued and included concerns over the Code Enforcement Reduction of Lien process, poor condition of the house before it was sold, improvements making it compliant with City Code, owner relationship to the investor company on the paperwork and calculation of fines. Community Development Director Dickey explained this particular case straddled the City's transition from using the Code Enforcement Board to hiring the Special Magistrate to hear cases. Discussion continued and included similar actions on properties in the past, bringing the Item back to Council and how the property was bought through American Investment Strategies, LLC. City Attorney Garganese advised that if the Council is comfortable coming up with an amount to be paid by the property owner, he would assist in correcting the Reduction of Lien Application paperwork. Discussion continued. Mayor Hoog confirmed with the property owner that it would be acceptable to correct the paperwork between both parties and bring the Item back for discussion at the next Council Meeting. Mayor called for a motion. Discussion ensued. A motion City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 3of5 was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to reduce the lien by half in the amount of $23,000.00, to be paid within thirty days. Discussion ensued. A motion was made by Mayor Hoog to amend the main motion to show the lien at $23,000.00 and return the corrected paperwork at the next City Council Meeting. Mayor Hoog verified the property owner understood the Motion with the amendment to the Motion. Discussion ensued regarding the need to verify title insurance policy information, compliance with the Code and confusion over the Motion. City Attorney Garganese confirmed most of the information required appears in the Application except the title policy and statements that such policy was issued after the lien was recorded. Mayor Hoog opened Public Comment. Patrick Campbell, Surf Drive, shared personal experience of living next to a dilapidated property and expressed opinions regarding the Agenda Item and the Reduction of Lien process in general. Attorney Garganese asked for a second to the amended main motion. Council Member Raymond seconded the amended main motion. The main motion carried 3-2, Council Members Kellum and Morrison voting against. Mayor Hoog called the question on the main motion as amended. The main motion carried, as amended 3-2, Council Members Kellum and Morrison voting against. City Attorney Garganese confirmed the Item will be back at the next Regular City Council Meeting. 1. Discussion ensued and included the need for additional time to review all three sets of Minutes and the Special City Council Meeting Minutes of July 8, 2020 should reflect how three Council Members agreed City Hall should remain open, but that it was City Manager Morley's decision to make. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to postpone approval of Item 1 until the next Regular City Council Meeting. Discussion ensued. City Attorney Garganese advised public comment on minutes is not required. The motion carried 5-0. 3. Discussion ensued and included pros and cons of reducing the overall Millage to below the Tentative Proposed rate of 3.7052, concerns around Covid-19 Pandemic impacts to the economy, keeping taxes low, finding cuts in the Proposed Budget for the new fiscal year, the Multi - Generational Center Project, holding off on projects for a year and ad valorem revenue. City Manager Morley clarified this Tentative Proposed Millage rate Item reduces the rate of taxes but does not go to roll -back. Discussion ensued. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to lower the overall Tentative Proposed Millage rate to the rollback rate of 3.6396. Discussion ensued regarding Staff to cut more than $85,000.00 from the Proposed Budget, reasoning for a rollback this year, how approval of a rate under the roll -back rate would require significant revisions in the published Proposed Budget for fiscal year 2020/2021 and whether Council might want to cut more money from the Budget now in order to efficiently produce a Budget by deadline. Mayor Hoog recessed the Meeting at 8:00 p.m. and reconvened at 8:11 p.m. Discussion ensued and included the Motion on the floor, the rollback rate of 3.6396 to be announced and provided to the Florida Department of Revenue and the Brevard County Property Appraiser. The motion carried 3-2, with Mayor Hoog and Mayor Pro Tem Brown voting against. City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 4 of 5 ITEM FOR ACTION: 7. Approve Employment Agreement (Agreement) by and between the City of Cape Canaveral (City) and Todd Morley (City Manager), and authorize execution by the Mayor and City Manager: Discussion ensued and included a suggestion to provide a solar/electric powered car to show the City as sustainable and save money on vehicle and gas allowance, the City Manager is on call 24/7, the Agreement end date, salary anniversary would be June 16, 2021 at which point Council would consider a merit increase, various sections and language to be stricken and/or edited, the situational needs of a city, proposed base salary, tiered severance package, CEOs in the private sector not receiving raises due to the COVID-19 Pandemic, other related concerns and current salary of City Manager Morley. City Manager Morley clarified how he and Community Development Director Dickey will be sharing Economic Development Department duties. Discussion continued on the need for the City Manager to stay focused, possibly hiring a new Economic Development Director or taking a break from Economic Development for a year and the Evaluation and Self -Evaluation format in the Agreement. City Attorney Garganese recommended Section 2 be reworded, that the City Manager be required to recommend a format to the City Council which will have final say on the format. City Manager Morley agreed. Discussion continued regarding the car allowance, the practical aspects of charging an electric vehicle and how the City Manager may use one of the City vehicles. Mayor Hoog suggested running through all of the contract changes and voting on them. City Attorney Garganese advised going through the Agreement revisions in an orderly fashion by dividing them into the categories of Substantive and Technical Issues as follows: Substantive Issues - 1. Section 2. Evaluation Form — Council reached consensus during discussion to revise Section 2. to require the City Manager recommend a format to the City Council for Evaluation, which the City Council will have final approval of. 2. Section 4. Automobile Allowance — A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to pay $350.00 per month to the City Manager for automobile allowance. The motion carried 4-1, with Council Member Morrison voting against. 3. Section 2. Salary — Discussion ensued regarding the proposed salary, an offer of $116,820.00, the need to increase City Manager Morley's pay and City Manager Morley's decision to stand by his request for a thirty percent increase in pay. A motion was made by Mayor Pro Tem Brown, seconded by Mayor Hoog, to offer his full recommendation of $121,680.00 to start as the City Manager of the City of Cape Canaveral. The motion failed 3-2, with Council Members Kellum, Morrison and Raymond voting against. Discussion ensued. A motion was made by Council Member Kellum, seconded by Mayor Hoog, to pay the City Manager $118,000.00 to start. The motion carried 3-2, with Council Members Morrison and Raymond voting against. 4. Section 11. Severance — Discussion ensued regarding the 20-week severance package and taking a tiered approach over four years. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to adopt a five, ten, fifteen, twenty -week tiered City of Cape Canaveral, Florida City Council Meeting - Regular Virtual July 21, 2020 Page 5 of 5 severance pay structure across a four-year period, commencing with the date of the contract, up to twenty (20) weeks. The motion carried 5-0. 5: Section 15. Term of Contract A motion was made by Council Member Morrison, seconded by Council Member Kellum, for a three (3) year term. Discussion ensued regarding the policy as written versus a three-year term. City Manager Morley stated it is a month -to -month contract in reality. City Attorney Garganese explained parliamentary procedures following Roberts Rules. Council reached unanimous consensus to withdraw the motion. Technical issues City Attorney Garganese addressed technical comments regarding the terms of the Agreement and provided clarifications of interpretations made during discussion about Section 11, paragraphs C and E and Section 13. Discussion ensued regarding adding the term "without pay" to Section 11, paragraph E, options available to the City, striking the language altogether and how the current language protects the. City Manager until proven guilty in a court of law. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to extend the Meeting thirty minutes or if Council finishes the Item, sooner. The motion carried5-0. Discussion ensued. A motion was made by Council Member Morrison to amend Section 11 E to say the City may suspend the City Manager from his duties without pay. The motion died for lack of a second. Discussion ensued. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Kellum, to ratify Section 11 E as written. The motion carried 4-1, with. Council Member Morrison voting against. Mayor Hoog stated there have been changes made to the Agreement and requested input from City Manager Morley. City Manager Morley provided his understanding of the changes and stated they were acceptable. City Attorney Garganese advised. Council on the motion needed to proceed with the changes and agreed to circulate to the City Council before execution. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to accept the Employment Agreement by and between the City and the City Manager, as amended and with input by Mr. Morley. The motion carried 4-1, with Council Member Morrison voting against. City Manager Morley expressed thanks for the support of the City Council, stated it is an honor to serve Cape Canaveral and also thanked the entire Staff for their support. The Council expressed thanks and congratulations to City Manager Morley. REPORTS: None. ADJOURNMENT: There being no further business, the Meeting was adjourned at 10:05 P.M. raw °°°�+':�#�' Ve Bob Hoog, Mayor Mia Gofoii 4CityClerk+