HomeMy WebLinkAboutMinutes 07-18-2017 CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral, Florida
TUESDAY
July 18,2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:56 PM. Council Member Brown
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
Assistant City Attorney Kristin Eick
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Economic Development Director Todd Morley
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 Linda Moros
Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham
PUBLIC PARTICIPATION: John Benton, 301 Imperial Boulevard, shared his concerns
regarding the June 2014 Code Enforcement Board Meeting.
CONSENT AGENDA: Assistant City Attorney Eick announced two minor changes to Consent
Agenda Item#3, Attachment#4, Florida Green Finance Authority's Property Assessed Clean Energy
(PACE) Program Agreement, advising that Staff agreed the changes did not require a motion for
approval. Assistant City Attorney Eick read the items in the Agreement under Paragraph 11, in the
last sentence to replace "utilize" with "apply to" and a change to the Notice Address. Mayor Hoog
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
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inquired if any items were to be removed from the Consent Agenda for discussion. No items were
removed.
1. Approve Minutes for June 20, 2017 Regular City Council Meeting.
2. Resolution No. 2017-11; adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2017/2018 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date.
3. Separate Resolutions, with associated Membership Agreements, have been prepared to
create three unique Property Assessed Clean Energy programs in the City, to include:
a.Resolution No. 2017-01; creating a Property Assessed Clean Energy Program within the
City of Cape Canaveral and joining the Clean Energy Green Corridor Program in accordance with
Section 163.08, Florida Statutes; authorizing and approving a non-exclusive Membership
Agreement between the City and the Green Corridor Property Assessment Clean Energy (PACE)
District Pursuant to Section 163.01, Florida Statutes; providing for authorization, repeal of prior
inconsistent resolutions, severability and an effective date.
b.Resolution No.2017-12;approving a Party Membership Agreement and its incorporated
Interlocal Agreement, in order to join the Florida Resiliency and Energy District's Property
Assessed Clean Energy (PACE) Program under Section 163.08, Florida Statutes; providing for
authorization, repeal of prior inconsistent resolutions, severability and an effective date.
c.Resolution No. 2017-13; creating a Property Assessed Clean Energy Program within the
City of Cape Canaveral; approving a Party Membership Agreement and its incorporated Interlocal
Agreement in order to join the Florida Green Finance Authority's Property Assessed Clean Energy
(PACE) Program under Section 163.01, Florida Statutes; providing for authorization, repeal of
prior inconsistent resolutions, severability and an effective date.
A motion was made by Council Member Randels, seconded by Council Member Walsh, for
approval of the Consent Agenda,with changes presented. The motion carried 5-0.
PUBLIC HEARING:
4. Based on the February 15, 2017 City of Cape Canaveral Wastewater Revenue Sufficiency
Analysis completed by Raftelis Financial Consultants, the following actions are needed:
a.Resolution No.2017-08;establishing the City's reclaimed water rates in accordance with
Article IV of Chapter 78 of the City Code for City fiscal years 2016/2017 through 2020/2021;
providing for the repeal of prior inconsistent resolutions;incorporation into Appendix B, Schedule
of Fees; severability and an effective date.: Assistant City Attorney Eick read the title into the
record. The Public Hearing was opened. There being no comment the Public Hearing was closed.
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City Council Regular Meeting
July 18, 2017
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A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin,
for approval of Resolution No. 2017-08.The motion carried 5-0.
b. Resolution No. 2017-09; revising the City's Sanitary Sewer Service Fee Schedule in
accordance with Article III of Chapter 78 of the City Code for City fiscal years 2016/2017 through
2020/2021;repealing the rental property rate category and providing for ratification of sewer rates
for sewer customers affected by said repeal; repeal of prior inconsistent resolutions; incorporation
into Appendix B, Schedule of Fees; severability and an effective date.: Assistant City Attorney
Eick read the title into the record. The Public Hearing was opened. There being no comment, the
Public Hearing was closed. Discussion ensued regarding the low-cost rate for services and
facilities. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member
Brown, to adopt Resolution No. 2017-09. The motion carried 5-0.
5. a. Ordinance No. 07-2017; adopted in furtherance of the requirement set forth in Section
2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $6,200,000 Capital
Improvement Revenue Note, Series 2017, of the City to finance the cost of a Multigenerational
Center, Cultural Arts Preservation Enrichment(CAPE) Center and related Capital Improvements;
providing for the Series 2017 Note to be secured by the City's Public Service Tax,Half-Cent Sales
Tax, Guaranteed Entitlement, Communications Services Tax and certain Franchise Fees;
authorizing the City's Financing Team to proceed to develop necessary documents; providing for
the repeal of prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances
and resolutions in conflict herewith; severability and an effective date, second reading.: Assistant
City Attorney Eick read the title into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. City Manager Greene reviewed the item. Discussion
ensued and included authorizing the issuance of the Note and how one Council Member voted
against the Ordinance at first reading but changed their opinion due to the fact the Note will not
be paid from ad valorem taxes. A motion was made by Council Member Walsh, seconded by
Council Member Brown, to adopt Ordinance No. 07-2017 at second reading, which
authorizes to approve Whitney Bank d/b/a Hancock Bank as lender and preparer of the loan
documents. The motion carried 5-0.
b. Resolution No. 2017-10; supplementing City Ordinance No. 07-2017 enacted on July
18, 2017 by accepting the proposal of Whitney Bank d/b/a Hancock Bank to purchase the City's
not to exceed $6,200,000 Capital Improvement Revenue Note, Series 2017; authorizing the
issuance of the 2017 Note and execution and delivery of a Loan Agreement with said Bank to
secure the repayment of the 2017 Note; authorizing the proper officials of the City to take any
other action deemed necessary or advisable in connection with the finalization and execution of
the Loan Agreement, the 2017 Note and the Security therefor; authorizing the execution and
delivery of other documents in connection with said Loan; designating the 2017 Note as "Bank
Qualified"; providing for repeal or supersession of prior inconsistent City resolutions or actions;
providing for severability and other matters in regard thereto and providing an effective date.:
Assistant City Attorney Eick read the title into the record. Discussion ensued and included the
process involved with the issuance of the Note and acceptance of the Bank. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
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City Council Regular Meeting
July 18, 2017
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Mayor Pro Tem McMillin, seconded by Council Member Brown, to adopt Resolution No.
2017-10 as written. The motion carried 5-0.
6. Ordinance No. 08-2017; amending Chapter 98 of the Cape Canaveral Land Development
Code relating to submittal, review procedures and criteria for Preliminary Plats, Final Plats and
Lot Splits; creating a procedure for Lot Line Adjustments; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective
date,second reading.:Assistant City Attorney Eick read the title into the record.Discussion ensued
and included how the Ordinance streamlines the process while maintaining transparency. 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, to adopt
Ordinance No. 08-2017 at second hearing. The motion carried 5-0.
7. Ordinance No. 09-2017; amending Section 110-470 of the Cape Canaveral Land
Development Code to allow fences and walls six (6) feet in height or less to be located within
fifteen (15) feet of the public right-of-way on a nonconforming corner lot of record; providing for
the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code,
severability and an effective date, second reading.: Assistant City Attorney Eick read the title into
the record. Mayor Hoog mentioned the hand-out depicting proposed action. 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,to adopt Ordinance No.09-
2017 at second reading. The motion carried 5-0.
8. Ordinance No. 10-2017; amending the City of Cape Canaveral Comprehensive Plan
Coastal Management Element to bring it into conformance with F.S. Chapter 2015-69, to include
development and redevelopment principles, strategies and engineering solutions that reduce the
flood risk in coastal areas; adopted by the City Council consistent with this Ordinance;providing
for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan, an effective date and legal status of the Plan Amendments, first reading.:
Assistant City Attorney Eick read the title into the record and reviewed the process to implement.
City Manager Greene explained this is the first step in meeting minimum State requirements,
sustainability adaptation planning going forward, implementation of additional measures that will
be beneficial to the community, the significant amount of responsibility this places on the City
regarding the environment, National Flood Insurance Program and substantial discount received
for City's certification level,how the City acknowledges climate change,rising sea level and wants
to be among leaders in this area. Discussion ensued and included how the initiative could take a
whole department to implement, the costs of doing so, this being an unfunded mandate from the
State,involving the East Coast Regional Planning Council to keep costs low and the possibility of
utilizing a City advisory board to assist Staff. 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 Randels, to approve Ordinance No. 10-2017 as written. The
motion carried 5-0.
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City Council Regular Meeting
July 18, 2017
Page 5 of 6
9. Ordinance No. 11-2017; prohibiting Medical Marijuana Treatment Center Dispensing
Facilities from locating within the City; adopting other conforming amendments to the City Code
to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities within
the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability and an effective date, first reading.: Assistant City Attorney Eick read
the title into the record. Discussion ensued and included an initial desire to vote against the
Ordinance, Staffs reasoning to support the measure in order to avoid a possible influx of
unrestricted facilities and the possibility of a more comprehensive ordinance. City Manager Greene
explained how this buys time to revisit pharmacy rules and address potential concerns to allow
medical marijuana as a treatment for those individuals that need it and explained the previous
Council action taken. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Randels, seconded by Mayor
Pro Tem McMillin,to approve Ordinance No. 11-2017 as written. The motion carried 5-0.
10. Ordinance No. 12-2017; amending Section 110-609 of the City of Cape Canaveral Land
Development Code; clarifying that Hotels are a permitted use in the A1A Economic Opportunity
Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions.,
incorporation into the Code, severability and an effective date, first reading.: Assistant City
Attorney Eick read the title into the record. Mayor Hoog explained the item. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. Discussion ensued and
included a previous zoning error and the action to correct it now. A motion was made by Council
Member Randels, seconded by Council Member Walsh, to approve Ordinance No. 12-2017
as written.The motion carried 5-0.
ITEMS FOR ACTION:
11. Authorize removal of one (1) Specimen Tree at 226 Polk Avenue at a mitigation rate of
one-to-one.: Mayor Hoog and Council Members explained the item. Discussion ensued and
included the trees to be removed and kept on the property, the plan to tear the house down and
rebuild,one-to one tree mitigation and square footage of the current house. Daniel Coon,property
owner of 226 Polk Avenue, explained his plan. Discussion ensued and included an offer by Mayor
Pro Tem McMillin to donate funds from his income as a Member of Council to help move the
trees. City Manager Greene stated he and Mayor Pro Tem McMillin discussed the idea along with
the possible matching funds from the City as a test for success going forward, possibly moving
trees to a City park, how City Arborist and an outside tree consultant might assist. A motion was
made by Mayor Pro Tem McMillin, seconded by Council Member Brown, to approve the
item as written. The motion carried 5-0.
REPORTS:
Council Member Randels shared highlights regarding a visit to the U.S. Coast Guard Cutter Eagle,
attendance at an event hosted by Blue Origin,assisting Space Coast Area Transit in acquiring State
capital funds to buy buses and bus shelters and a presentation by the Florida League of Cities
regarding social media.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
Page 6 of 6
Council Member Brown announced he attended the Space Coast League of Cities meeting on July
10th where a resolution was presented urging the United States Congress to pass legislation that
levies an annually increasing revenue-neutral carbon fee and dividend. He indicated the Cities of
Cocoa Beach and Satellite Beach both passed supporting resolutions and took it upon himself to
support the measure as the City's representative on the Board of Directors. Discussion ensued and
included how some people view this as another tax,taxing of fossil fuels,outdated forms of energy,
clean energy fuels and questions that need to be answered regarding paying households back. City
Manager Greene advised Staff could perform research on the issue. Council consensus was
reached to bring the item back to Council after Staff researches the matter.
Mayor Pro Tem McMillin noted Port Canaveral is moving forward with drawing up plans for
Cruise Terminal 3 and the impact locally, announced he will not be running for City Council,
thanked individuals in attendance for running and stated it has been an honor and privilege to serve
the City but wants to spend more time with family and focus on work, he will be back in a couple
of years.
Council Member Walsh announced her Council seat is available because she is terming out and
advised this would be a good opportunity for those running for election. She noted her nine years
on Council, has loved every minute of it and this is a great City and Council to work with. She
offered to help anyone interested in serving on the City Council.
Mayor Hoog thanked both Council Member Walsh and Mayor Pro Tern McMillin for serving the
City and thanked Staff for the Ordinances and Budget.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:22 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
Seal of Cape Canaveral, Florida