HomeMy WebLinkAboutcocc_council_mtg_minutes_20190521CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 21, 2019
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member
Raymond led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Council Member
Mike Brown
Wes Morrison
Rocky Randels
Angela Raymond
Council Member Absent:
Mayor Bob Hoog
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
City Planner Brenda Surprenant
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Alan Confreda
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: Alicia Spring, 126 Oak Lane, spoke regarding a City survey of
Oak Lane and urged Council to approve a corrected survey based on a list of alleged errors that
she submitted to them.
PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring the week of May
18-25, 2019 as National Safe Boating Week to William Giers and Commander Lou Pernice,
Flotilla 17-6, 7th District, United States Coast Guard Auxiliary: Mayor Pro Tem Brown read the
Proclamation into the record and presented it to Commander Pernice and Mr. Giers. The gentlemen
thanked City Council for helping to promote boating safety.
CONSENT AGENDA: Mayor Pro Tem Brown inquired if any items needed to be removed for
discussion. Council Member Morrison removed Item No. 2.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 21, 2019
Page 2 of 5
1. Approve Minutes for April 16, 2019 City Council Regular Meeting.
2. Resolution No. 2019-05; amending Appendix B, Schedule of Fees of the City Code related
to assessment of Zoning, Building and other Permit Fees; providing for the repeal of prior
inconsistent resolutions, incorporation into the Code, severability and an effective date.
3. Resolution No. 2019-09; becoming a member of the American Flood Coalition; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
4. Approve Work Squad Contract #W1140 with Amendment 1 changes between the Florida
Department of Corrections and the City of Cape Canaveral in the amount of $57,497, and authorize
City Manager to execute same.
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to approve Item Nos. 1, 3 and 4. The motion carried 4-0, with Mayor Hoog absent.
#2 Discussion ensued and included an email distributed by Council Member Morrison to the
community regarding opposition to the Item, Community Development Department and growth
in the City being subsidized by City taxpayers, amending the Schedule of Fees will relieve some
of the burden to property owners, how developers should pay for the privilege to build in the City,
increased construction in the City, City Budget and Code Enforcement Officer positions, tabling
the Item, growth in the City related to competitive fees, low fees and property taxes make the City
an attractive place to live. A motion was made by Council Member Raymond, seconded by
Council Member Randels, for approval of Item No. 2. The motion carried 3-1, with Mayor
Hoog absent and Council Member Morrison voting against.
PUBLIC HEARINGS:
5. Ordinance No. 09-2019; amending Section 110-28 of the City Code related to Due Process
and Special Local Notice Requirements for certain zoning hearings; 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
summarized the Item. Discussion ensued and included First Class mail vs. Certified mail, the
number of residential properties built in City commercial zones and costs. The Public Hearing was
opened. Sarah Hodge, 369 Coral Drive, indicated she would withhold comment. Joe Abreu, 225
Long Point Road, spoke in favor of continued use of Certified mail. Patrick Campbell, 307 Surf
Drive, stated Certified mail has value and suggested considering alternatives that provide the same
level of security at reduced cost. Martha Minkler, 425 Harrison, inquired how an out-of-state
property owner would receive notice of a proposed zoning change. City Attorney Garganese
provided the process by which the City obtains the official mailing addresses of property owners
in the City from the Brevard County Property Appraiser's Office for noticing purposes and further
explained the burden lies on the property owner to provide a forwarding address to that same
Office. The Public Hearing was closed. Discussion continued regarding comparisons to the water
and sewer utility bill, the Item should go to the Planning and Zoning Board first for
recommendation and opposition to an informal opinion provided by City Attorney Garganese.
Mayor Pro Tem Brown closed discussion. City Attorney Garganese advised City Council has a
right to hear legislative ordinances prior to the Planning and Zoning Board/Local Planning Agency
which is required to make recommendations to the City Council prior to the final adoption of an
City of Cape Canaveral, Florida
City Council Regular Meeting
May 21, 2019
Page 3 of 5
ordinance; pointed out that zoning ordinances are legislative and nothing under the law limits City
Council authority to give legislative direction first and prior to Planning and Zoning Board
consideration of an ordinance; he pointed out that if Council were to follow the logic of a Council
Member who is in disagreement of that opinion, Council Members should not discuss certain Items
coming up later on the Agenda. Discussion ensued and included opposition to the City Attorney's
opinion and support for the professional experience and knowledge of the City Attorney and City
Manager. Mayor Pro Tem Brown accepted a request to speak from Katie Thompson of 7555
Magnolia Avenue who expressed there are more effective ways to notify people than by mail,
registered or certified. A motion was made by Council Member Randels, seconded by Council
Member Raymond, for adoption of Ordinance No. 09-2019 at second reading. The motion
carried 3-1, with Mayor Hoog absent and Council Member Morrison voting against.
6. Ordinance No. 10-2019; amending the City Code regarding the payment of impact fees;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date, first reading: City Attorney Garganese read the title into
the record and summarized the Item. Discussion ensued and included pros and cons of the Item,
the current impact fee collection process, new hotels being constructed on Central Boulevard, a
future plan for an assisted living facility, roads and the need for customer access, the responsibility
to follow State law, the City Capital Improvement Plan and Budget inclusion of two new law
enforcement officers and how the City Comprehensive Plan must be followed and emails collected
in opposition. The Public Hearing was opened. Katie Thompson, 7555 Magnolia Avenue,
expressed support of the Item as a local property developer and business owner. Sarah Hodge, 369
Coral Drive, indicated she would withhold comment. Patrick Campbell, 307 Surf Drive,
questioned what happens to pre -paid permit and impact fees if a building does not get built. City
Manager Greene indicated City Council would need to make a decision at that time. Robert
Baugher, 118 Sunset Drive, Cocoa Beach, stated that as a developer he is able to speak regarding
both sides of the issue, expressed support for the Item and importance of having matching funds
and planning ahead for projects. Joe Abreu, 225 Long Point Road, suggested taking half of the
fees up front and collect the rest later. Danny Ringdahl, developer in the City since 2001, shared
his experience with Brevard County not being able support his completed construction project
upon receiving a Certificate of Occupancy years ago, forcing him to install temporary sewage
treatment at his own expense and expressed support for paying impact fees that he budgets for in
soft costs up front. The Public Hearing was closed. Discussion continued regarding correcting
inconsistent ordinances, the need for Council to work together as a governing body, other
municipalities handle impact fees the same way and some developers request a payment plan. A
motion was made by Council Member Randels, seconded by Council Member Raymond, for
approval of Ordinance No. 10-2019 at first reading. The motion carried 3-1, with Mayor
Hoog absent and Council Member Morrison voting against.
7. Ordinance No. 11-2019; regarding Code Enforcement procedures; providing for a Special
Magistrate Code Enforcement process; updating the procedures related to the Criminal Nuisance
Abatement Board authorized by Section 8983.138, Florida Statutes; adopting conforming
amendments; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading: City Attorney
Garganese read the title into the record and summarized the Item. Discussion ensued and included
a number of emails received by a Council Member that indicated opposition to the Item, ongoing
Code Enforcement issues over the years, the idea of a special magistrate was discussed in prior
City of Cape Canaveral, Florida
City Council Regular Meeting
May 21, 2019
Page 4 of 5
City Council Meeting discussions, the difficult situations Code Enforcement Board Members face
as residents of the City, substandard housing conditions continue to be cited over and over again,
most citizens follow the law, displeasure with Council Member tactics in building opposition in
the community against the Item and how current Code Enforcement Board Members could serve
on the Nuisance Abatement Board as a result of adoption of the Ordinance. The Public Hearing
was opened. Sarah Hodge, 369 Coral Drive, indicated she would withhold comment. Patrick
Campbell, 307 Surf Drive, expressed his reasons for maintaining the Code Enforcement Board
process. The Public Hearing was closed. Discussion continued and included clarification provided
by City Attorney Garganese on how adoption of the Ordinance keeps the Code Enforcement Board
in the City Code of Ordinances and adds a special magistrate for the first time, each as alternatives;
and that once the City Council appoints a special magistrate to handle Code Enforcement, the
current Code Enforcement Board is abolished/disbanded; however, the Board stays in the Code as
an alternative in the event City Council decides to go back to that process by terminating the
Special Magistrate and reappoint Members to the Board without any Ordinance change. City
Attorney Garganese further explained the City has not yet submitted a Request for Proposal. City
Manager Greene pointed out the fact that City Council decided upon using a Special Magistrate
based upon unanimous adoption of Ordinance No. 05-2019. A motion was made by Council
Member Morrison to table the Item. The Motion died for lack of a second. A motion was made
by Council Member Randels, seconded by Council Member Raymond, to approve
Ordinance No. 11-2019 at first reading. The motion carried 3-1, with Mayor Hoog absent
and Council Member Morrison voting against.
ITEMS FOR DISCUSSION:
8. Discussion on the opportunities and challenges to consider improving ocean and beach
safety in the City of Cape Canaveral by funding and or drafting policy to add lifeguard services to
protect the public health, safety and welfare of the community. (Council Member Morrison):
Council Member Morrison explained his Item. Discussion ensued and included reasoning for and
timing of the Item, the desire to take up discussion at a later time, the issue was resolved several
years ago and the cost factor and background of why the City decided to forego lifeguard services.
City Manager Greene provided current conditions and information regarding the topic including
the general cost per lifeguard stand as $187,000, which does not include 24 hours a day/7 days a
week beach coverage. Rhonda Breininger, 426 Jefferson Avenue, voiced concerns regarding
children and parents on the beach and expressed support for City lifeguard service. Patricia Dugan,
300 Columbia Drive, expressed opinions regarding legislative decisions made during the meeting
and concerns over natural habitat. Discussion continued regarding loss of life at the beach and
collection of that data, support for and opposition to the Item and how the community helps each
other with regard to mishaps on the beach. Council Member Morrison requested Council
consensus or a motion to direct Staff to research the Item for further discussion at a later date.
Mayor Pro Tem Brown indicated support for the request. Council Member Randels and Council
Member Raymond each expressed they could not support the request. Council consensus was not
reached to bring the Item back to Council for discussion.
9. Discuss opportunities to allow "Food Trucks" or any other Mobile Food Vendor in the
City limits of Cape Canaveral. (Council Member Morrison): Council Member Morrison explained
his Item, his support for it, engaged Staff on costs for special events put on by a businesses and
inquired whether a food truck vendor was told to leave the private property of a local employer.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 21, 2019
Page 5 of 5
Discussion ensued and included Comprehensive Health Services, also known as CHS, allowing
food trucks on its private property during special events is permissible by the City because it does
not serve the general public and is similar to a catering service, there is no cost or fee charged for
businesses to hold special events on private property, food trucks are allowed by the City through
its Leisure Services Special Events Program, there is no issue between the City and CHS regarding
food trucks on its property, businesses are not permitted to allow food trucks to serve the general
public and where food trucks would go if permitted. Jeff Sirmans, restaurant owner, expressed
opposition to allowing food trucks from outside Brevard County to operate in the City, the negative
impacts on the business community and local taxpayers and his support of food trucks for City
permitted special events and private catering. Lewis Hines, 122 Ocean Garden Lane and food truck
owner, expressed his support for allowing food trucks to operate in the City as a local resident,
taxpayer and business owner. Katrina Freeman, 504 Fillmore Avenue, expressed support for both
the restaurants and food trucks, explained the City food truck event is not well attended by the
community due to poor selection; and heavy traffic in the City during holidays and weekends
provides enough customers to go around. Edward Lee, 6855 Poinsetta Avenue, expressed support
for food trucks but not for setting up in front of restaurants in the City. Discussion continued over
best locations for food trucks and finding property owners willing to allow it, model legislative
language, food truck groups from the Orlando area not interested in doing business in the City,
food truck owner that poured grease down a City stormwater drain, primary concerns over the
need for restrooms, parking and trash services, Planning and Zoning Board recommendation not
to advance food trucks initiatives to the City Council, local restaurant owners not in favor of food
trucks, a desire to bring the Item back to the Planning and Zoning Board and caution over possible
legal action. Council Member Morrison requested a consensus vote from the City Council. Mayor
Pro Tem Brown stated there is no requirement to move forward or vote on the Discussion Item;
expressed desire to further review the Item. City Attorney Garganese advised Council may direct
him to draft an ordinance or move forward without voting on the Item. A motion was made by
Council Member Raymond, seconded by Council Member Morrison to table the Discussion
Item. City Attorney Garganese advised Council must vote on the motion and the tabling of the
Item means that Council can vote to take it off of the table in the future. The motion carried 3-1,
with Mayor Hoog absent and Council Member Randels voting against.
10. Discuss the addition of language to our ordinances in Section 2.05 which would give the
City Manager explicit authority to approve correspondence methods and times between selected
City Staff and the City Council. (Council Member Morrison): A motion was made by Mayor Pro
Tem Brown, seconded by Council Member Morrison, to forgo discussion of Item 10 due to
the time. The motion carried 4-0, with Mayor Hoog absent.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:24 PM.
Mia Goforth, City Clerk, CMC
Bob Hoog, Mayor
Seal of Cape Canaveral, Florida