HomeMy WebLinkAboutMinutes 03-21-2017CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral, Florida
TUESDAY
March 21, 2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Mayor Pro Tem McMillin
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
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 Sheriffs Office Lieutenant Don Barker
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION: Al Abbasse, 200 International Drive, inquired about the new
Cumberland Farms layout,traffic and pedestrian issues at the intersection of International Drive,State
Road A 1 A and North Atlantic Avenue. City Manager Greene explained Al A is under the State of
Florida's jurisdiction and the City has advocated to reduce speed limits and make improvements to
intersections, particularly at AlA and North Atlantic Avenue, over many years. He stated there is
money in the State Five Year Plan through the Transportation Planning Organization(TPO) to study
that intersection with a possible realignment; the City has adopted multiple resolutions that bring the
pedestrian issues to Florida Department of Transportation's attention. Mayor Pro Tem McMillin
offered to meet with anyone regarding these issues as he serves on the Space Coast Transportation
Planning Organization.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 21, 2017
Page 2 of 4
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 February 21, 2017 Regular City Council Meeting.
2. Resolution No. 2017-04; authorizing an additional extension of time for the property
owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in
executed and recordable form in accordance with Resolution No. 2016-03; providing for
repeal of prior inconsistent resolutions, severability and an effective date.
3. Approve Interlocal Agreement with Brevard County Property Appraiser (BCPA) and
Brevard County Tax Collector (BCTC), to contract with a third party vendor, Tax
Management Associates, Inc. (TMA), for the review of the validity of all residency-based
property tax exemptions; the City agrees to have 28% of the proceeds of the collections
paid to the vendor.
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:
4. Ordinance No. 04-2017; establishing minimum dimensions for automobile parking spaces
within the City; providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the City Code and an effective date, first reading.: City Attorney
Garganese read the title into the record and reviewed the item. Discussion ensued and included
Planning and Zoning Board and Staff recommendations, various dimensions of parking spaces in
the City, ambiguities in the Code, land values in Cape Canaveral and environmental impact of
parking spaces on the City. City Attorney Garganese explained his reasoning for recommendation
of the proposed Ordinance, how the Code, as it stands, allows too much flexibility and having
minimum standards helps avoid gamesmanship. Discussion continued and included various
examples of retail store parking in and beyond the City, various potential parking dimensions
allowed under both the City Code and proposed Ordinance, various other municipalities' parking
dimensions, environmental impact to the Indian River Lagoon, need to establish minimums,
condominium parking issues and parking space needs of various types of vehicles. The Public
Hearing was opened. Charles Pindziak, 112 E. Central Boulevard, shared a personal story and
urged consideration of medical emergency responder situations in regards to reducing parking
space size. He inquired as to who requested the reduction in size and why. Bob Baugher, 118
Sunset Drive, Cocoa Beach, spoke of the trend toward smaller parking lots and provided several
examples of issues surrounding parking spaces and design. City Manager Greene clarified that any
parking designs as part of a project are reviewed by the City Development Review Committee,
engineers on both sides review plans. He advised Staff should be given the benefit of the doubt
and understand that Staff recommendations are based on professional experience and thoughtful
review. Mr. Baugher stated he supports smaller parking lots. The Public Hearing was closed.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 21,2017
Page 3 of 4
Discussion ensued and included each Council Members' preferred parking space dimensions and
angled parking. A motion was made by Mayor Pro Tem McMillin,seconded by Mayor Hoog,
for approval of Ordinance No. 04-2017, with recommendation of nine(9) feet x eighteen (18)
feet minimum parking space. Discussion ensued between City Attorney Garganese and Council
regarding the minimum paved area. City Attorney Garganese advised discussion had not taken
place on the proposal of nine(9) feet in width. Mayor Pro Tem McMillin amended the motion,
seconded by Mayor Hoog,for approval of Ordinance No.04-2017,for nine (9) feet x eighteen
(18) feet with a grand total of one hundred and sixty two (162) square feet. City Attorney
Garganese stated the amended motion fully addresses the City Code Section 110-494 change. The
motion failed 2-3 with voting as follows: Council Member Brown, Against; Mayor Hoog,
For; Mayor Pro Tem McMillin, For; Council Member Randels, Against and Council
Member Walsh, Against. Mayor Hoog stated the item goes back to the floor. A motion was
made by Council Member Brown, seconded by Council Member Randels, for approval of
Ordinance No. 04-2017, as proposed, at 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.
ITEM FOR DISCUSSION:
5. PACE Program Membership Discussion.: City Attorney Garganese provided a detailed
overview of the Property Assessment Clean Energy (PACE) Program. Discussion ensued and
included how the City would have no administrative responsibility in the Program and the City
would act as a facilitator,how assessments stay with the properties when sold,what happens When
participant taxes are not paid which banks do not like, the City of Satellite Beach is the only City
in Brevard County participating in the Program and the need to be mindful of carrying costs. Kate
Wesner, Government Relations Manager with Ygrene Energy Fund, explained the Program
financing, the City's minimal role in the process,the Program takes priority over mortgages except
those federally insured, how local contractors can be used and placed in the contract, the
recommendation to use multiple providers is good public policy, no cost to City beyond adopting
a resolution, the similarities to a home equity loan with a program fee and locked interest rates
based on the LIBOR (London Interbank Offered Rate) rate, energy and insurance savings, those
interested in the Program should call their insurance companies to find out all the credits they
would get and are applicable under the PACE statute and most improvements have been for
hurricane protection in Florida. Discussion ensued and included cost benefits being zero money
down and not credit based,requirements include owners to be current on property taxes,mortgages
and have no liens against the property and longer terms as opposed to a home equity loan. Mayor
Hoog suggested those who have further questions speak with Community Development Director
Dickey. Council Member Walsh indicated she has spoken with Mr. Dickey, Satellite Beach
Council Members and City Manager having followed the topic for the last year and a half. A
motion was made by Council Member Walsh, seconded by Mayor Pro Tem McMillin, to
have Staff continue conducting due diligence regarding adopting a PACE Program in the
City of Cape Canaveral and present a recommendation at a future City Council Meeting for
consideration. Discussion ensued and included how the Program does not apply to public
properties, PACE providers notify mortgage lenders on behalf of the property owners, providers
work with local realtor groups, assessments can be transferred and in some cases the loan has to
City of Cape Canaveral, Florida
City Council Regular Meeting
March 21, 2017
Page 4 of 4
be paid off. Speakers Ross McCluney, 219 Johnson Avenue and Bill Young, 612 Indian River
Drive,Titusville, voiced support for the Program,provided information regarding solar energy and
how property improvements help homeowners. 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:
Council Member Brown reported the Space Coast League of Cities adopted a resolution on March
19,2017 opposing House Bill 17 and Senate Bill 1158 which take away a city's ability to regulate
businesses.
Mayor Pro Tem McMillin announced a Makers Space Meeting will be held on April 6, 2017 at
5:30 p.m. in the Nancy Hanson Recreation Complex Center, to see if there would be any interest
for people to utilize large pieces of equipment related to woodworking, 3D printing or sewing.
Council Member Randels recognized Mr. Young for his assistance in helping the City obtain an
electric vehicle years ago; thanked Public Work Services Staff for quick response to an accident
report he turned into City Manager Greene regarding a person who fell on a sidewalk and the
prompt action to repair it. He stated his understanding and concerns related to a recent Board of
Adjustment Meeting item and, had he known about the Meeting, he would have spoken against it
and explained why. City Manager Greene responded that Council Member Randels should check
and would find that the Agenda was emailed to him, which has been City Policy for a number of
years. City Attorney Garganese asserted that a Notice of Appeal has been filed by a resident
regarding the matter, that Council will likely be hearing the item and advised there be no further
discussion on the matter.
Council Member Walsh reminded everyone the City of Cape Canaveral Trash Bash April 1, 2017
starts at 8 a.m. in Cherie Down Park and Founders Day Spring Festival starts at 10 a.m.in Manatee
Sanctuary Park. She urged for volunteer participation because Cape Canaveral will be in
competition with other cities for the most trash picked up.
Mayor Hoog reported he attended the Brevard County Sheriffs Award Ceremony where Canaveral
Fire Rescue and BCSO Canaveral Precinct members were given a number of awards for life-saving
efforts, including former Council Member Buzz Petsos' daughter who is a Deputy and a merit
award to BCSO Commander Alan Moros.
ADJOURNMENT:
There being-no further busine9s the Meeting adjourned at 6:51 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
SEAL of Cape Canaveral, Florida