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HomeMy WebLinkAboutcocc_council_mtg_minutes_20200915CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday September 15, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Mayor Pro Tem Brown led the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation. 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: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Accountant Deputy City Clerk 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 Jenny Coldiron Daniel LeFever Andrew Walters Dave Sargeant PUBLIC PARTICIPATION: City Clerk Goforth read four (4) emails (attached), regarding short- term vacation rental issues in the City. Discussion ensued and included challenges of enforcement due to State rules and regulations versus local legislation, a company Staff is researching which provides an interactive portal for the community and assists Staff with enforcement and monitoring of violations and compliance, criminal nuisance abatement, the high percentage of vacation rental units not owned by citizens living in the City and the burden placed upon City Staff and the Brevard County Sheriff's Office to respond to complaints and compliance. Rhonda Breininger, resident and short-term vacation rental owner, shared opinions and experiences as a manager of these properties and reported harassment received from some renters in the City. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. Council Member Morrison removed Items 4, 7 and 9. City of Cape Canaveral, Florida City Council Meeting — Hybrid September 15, 2020 Page 2 of 5 1. Approve Minutes for August 18, 2020 Budget Workshop and Regular Meeting. 2. Resolution No. 2020-19; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 3. Resolution No. 2020-20; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Resolution No. 2020-21: due to the economic uncertainty associated with the COVID-19 Pandemic Emergency, temporarily modifying the payment terms for City impact fees to be made payable no later than the time of issuance of a Certificate of Occupancy; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2020-23; reappointing members to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Linda M. Brown and Joe Elliott) 6. Resolution No. 2020-24; due to the economic uncertainty associated with the COVID- 19 Pandemic Emergency, amending the effective date of Resolution No. 2020-01 amending Appendix B, Schedule of Fees of the City Code related to Chapter 82 Building Permits and Chapter 22 Community Appearance Board Applications; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Approve City of Cape Canaveral Piggyback Agreement for Professional Building Department Services with Joe Payne, Inc., and authorize the Mayor to execute same. 8. Appoint City Planner Brenda Defoe-Surprenant as the City's voting representative on the Space Coast Transportation Planning Organization's Technical Advisory Committee for the remainder of 2020. 9. Approve Construction Manager At Risk (CMAR) Construction Agreement for the construction of site and building improvements for the City of Cape Canaveral Multi - Generational Facility (MGF) and remodel of the former City Hall building to become the City of Cape Canaveral Culture, Arts, Preservation + Enrichment (CAPE) Center to W+J Construction Corp., in the amount of $7,998,193 and authorize City Manager and City Attorney to complete the agreement with the Contractor and execute the Agreement on the City's behalf. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to pass Consent Agenda Items 1, 2, 3, 5, 6 and 8. The motion carried 5-0. 4. Discussion ensued and included desire for Staff to research whether other municipalities require payment of impact fees upfront, support for the Resolution as written and bringing the measure back to Council to make it permanent. Council reached consensus for Staff to conduct research regarding timing and collection of impact fees in municipalities throughout Brevard City of Cape Canaveral, Florida City Council Meeting — Hybrid September 15, 2020 Page 3 of 5 County. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to adopt Resolution No. 2020-21. The motion carried 5-0. 7. Discussion ensued and included hourly versus daily rates within the contract Agreement, striking language under Section 6.1 Price beginning after "(69.50)" and the Contractor's approval to do so. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to approve Item 7, as amended. Motion carried 5-0. 9. Discussion ensued and included reasons why the Item should not have been placed under the Consent Agenda, the Project process, increase in costs related to original projected cost estimates, the City's Visioning supports the Project, support for approving the Item versus bringing it back later, impacts to next year's City Budget, reducing the footprint of the Multi - Generational Facility to cut costs, confidence in Staff, the success of the Fire Station and City Hall Projects and how change orders are processed. John C. Zwick, Architects RZK, Inc., provided Council with information regarding Construction Management At Risk process, general competitive bid processes and answered questions. Discussion ensued. Eric Costin, W+J Construction, confirmed Mr. Zwick had delivered the guaranteed maximum price, all parties worked hard to avoid change orders and the company is ready to move forward. Rhonda Breininger, resident, inquired about funding and shared opinions regarding skate parks. Roger Bing, resident, suggested funds could be used to help businesses or street beautification projects and expressed concerns over the timing, costs and transparency of the process up to this point. Mayor Hoog suggested Mr. Bing speak with Leisure Services Director Vergara; City Manager Morley stated Project Plans are available on the City website. Katrina Freeman, resident and representative for residents at Sand Pebbles Condominium, expressed concerns over costs and debt related to the Project, residents feeling excluded from planning the Multi -Generational Facility and use of the Project parking. Leisure Services Director Vergara confirmed additional Staff will be hired to run the Facility. Joel Fair, resident, expressed support for the Project, thanked Council for making an investment in the community and giving youth and seniors a place to go. Administrative/Financial Services Director DeLeo confirmed the funding covers the Project with no remaining debt and City finances are solid. Discussion continued regarding potential uses and benefits of the Multi -Generational Facility. Mayor Hoog inquired if online attendees were ready to speak. Chris Cloney, resident, expressed concerns regarding the Agenda Item language and typos. Andrea Shea -King, resident, inquired how Staff reached the recommendation being offered in the Agenda Item. Mr. Zwick explained the Request for Qualifications process. Suzanne Eliot, resident, requested Council give more consideration to the Item due to the current pandemic situation and suggested more attention be paid to State Road A1A. Discussion continued and included delays in the Project, the desire for a pool, with what to replace the skate park, impact of the exfiltration system for stormwater, recreational programming such as Pickle Ball, the Silver Sneakers Program, multi -purpose and banquet rooms within the Facility, sports and Little League Baseball programming. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to approve the Construction Manager At Risk Construction Agreement, Item 9 Motion carried 3-2, with Council Members Kellum and Morrison voting against. PUBLIC HEARINGS 10. Ordinance No. 03-2020; amending Sections 2-57 and 2-58 regarding scheduling Council Meetings; providing a conforming amendment to Section 18-1 related to the definition of Civil City of Cape Canaveral, Florida City Council Meeting — Hybrid September 15, 2020 Page 4 of 5 Emergencies; 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. Discussion ensued and included conducting virtual meetings while under an Emergency Declaration, concern over draft language under Sec. 2-57 (a)(2), the Florida Sunshine Law related to Council Members contacting each other and potential need to exclude Staff when calling or scheduling special meetings. City Attorney Garganese confirmed he and Council Member Morrison discussed the Item, Ordinance No. 03-2020 establishes rules the governing body to schedule meetings, it does not address the Sunshine Law and recommended the safest course of action to contact the City Clerk's Office or City Manager to schedule meetings. Discussion continued. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to approve Ordinance No. 03-2020, as written, at first reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The Motion carried 5-0. 11 a. Resolution No. 2020-22; adopting a Final 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: City Attorney Garganese read the title into the record. Mayor Hoog summarized the Item. Discussion ensued and included a tax decrease and how the City went below the roll -back rate in the previous Fiscal Year. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to adopt Resolution No. 2020-22, as written. The motion carried 4-1, with Council Member Morrison voting against. 11 b. Ordinance No. 04-2020; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021; providing for an effective date, second reading: City Attorney Garganese read the title into the record. Discussion ensued and included the Multi -Generational Facility and estimated annual and maintenance costs. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to adopt Ordinance No. 04-2020, as written, at second reading. The motion carried 3-2, with Council Members Kellum and Morrison voting against. ITEMS FOR DISCUSSION 12. Discussion under Florida Sunshine Law and the City Ordinances (Code of Conduct) Section 2-172, Section 2.07 and Section 2.09 applied to City Council Member Angela Raymond's performance at the May 8, 2020 Special City Council Meeting and the May 16, 2020 Regular City Council Meeting. (Submitted by Council Member Morrison): Discussion ensued and included why the Item is being discussed again, process improvements, Council Code of Conduct enforcement and accountability, behavior of other Council Members during public meetings and political motivation, the idea of creating an oversight board and current problems filling Advisory Boards. A motion was made by Council Member Morrison, seconded by Council Member Kellum, that Council seek out a third party chosen by Staff to come back with a recommendation on an entity to do an investigation, on whether or not Council Member Raymond's actions during the May 8, 2020 Special City Council Meeting were in violation City of Cape Canaveral, Florida City Council Meeting — Hybrid September 15, 2020 Page 5 of 5 of the Council Code of Conduct and to confirm Council Member Raymond's denial of talking to someone during that meeting is true or false. The motion failed 3-2, with Mayor Hoog, Mayor Pro Tem Brown and Council Member Raymond voting against. 13. Parking Space Minimum Widths and Spaces (Submitted by Council Member Morrison): Discussion ensued and included studying other municipalities parking minimums, excessive parking at some establishments in the City, protecting the Lagoons, using the reduction in space widths to increase green space, green parking, stormwater drainage, leaving the decision on uses up to property owner and pros and cons on how businesses might use the measure. 14. Discussion on City of Cape Canaveral Reclaimed Water Policy (Submitted by Council Member Morrison): Discussion ensued and included the need for a process to disconnect reclaimed water and directing Staff to review and improve the current policy. Administrative/Financial Services Director DeLeo indicated Staff will work with the City of Cocoa to insert a note within customer water utility bills. REPORTS: Council Member Kellum suggested Council discuss and investigate making the City golf -cart friendly. Discussion ensued and included pros and cons of such a measure. City Attorney Garganese stated the City Council could authorize golf -cart operation on specific roads subject to uniform traffic laws. Commander Walters indicated he could not support the measure. Discussion continued regarding issues related to electric and motorized vehicles. Council Member Kellum discussed attending the Space Coast Transportation Planning Organization meeting and mentioned the Florida Department of Highway Transportation plans to widen State Road 528. Council Member Morrison indicated matching funds towards improvements to State Road A1A in the City are welcomed by the State and thanked City Manager Morley for efforts related to having representatives from the Florida Department of Highway Transportation and the Space Coast Transportation Planning Organization address the Council. Council Member Raymond attended the Space Coast League of Cities Meeting and expressed desire to see someone from the City receive the annual Scholarship one day. City Manager Morley announced the bike -sharing program in the City has ended and the company, Zagster, has offered to donate the bikes to the City. City Attorney Garganese explained Council needs to reach consensus or make a motion on whether the City wants to accept that donation or not. Discussion ensued. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, to accept all donations from Zagster, in as -is condition. The motion carried 5-0. ADJOURNMENT: There being no further business, the Meeting was adjourned at 10:03 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk SEAL of Cape Canaveral, Florida From: Robert Fika To: City Clerk Subject: Violations on Air BNB in Cape Canaveral Date: Tuesday, September 8, 2020 10:55:30 AM Please read my email at next Sept 15 meeting My name is. Bob Fika. I own 346 Chandler Street. My wife and I have owned this property for approximately 18 years. We plan to retire here in 18 months. I'm a Florida bom resident and love living in this community 3 years ago ,348 Chandler sold to a investor who lives in Gainesville. He has turned this townhouse into a nightmare to live by. He Constantly violates codes for short term Rentals. I have provided a huge amount of information to a code enforcement employee. Nothing has happened to change the situation Since this has started , the same investor has purchased 2 more short term properties in Cape Canaveral. In my block alone there are at least 5 now. I'm not stating they are all in violation of codes. But I'm sure if you would look into this. You would find a huge eye opening as to how much you are missing. I will gladly provide all my emails if you wish to see them. Also you can contact sheriff department and pull all the times they have been out on neighbors property. My wife and I are so tired of this that we are talking of moving out of This community as we haven't seen anybody addressing the issues. I would gladly meet with anyone willing to listen. I will be willing to join a committee to help also. Please let me know your thoughts. Thank you Bob Fika Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. From: Jo Sojourner To: Citv Clerk Subject: To be read at September 15 2020 City Council meeting Date: Tuesday, September 8, 2020 5:55:29 PM Dear Mayor, City Manager, City Attorney and Council members: I am writing to express my concerns about the Airbnb and VRBO vacation rentals in our City, that is out of control. There are over 300 of these rentals in our City. I was advised by Code Enforcement that these rentals are required to be for a minimum of seven days. If the owners do not rent for seven days, there is a $500 fee for each night not rented. Code Enforcement advised they do not have the manpower to keep up with these vacation rentals, and rely on the residents to inform them. This is unacceptable! I understand the City of Cape Canaveral imposed a seven consecutive day rental restriction on residential vacation rentals and that durational restriction is not preempted by Florida law because it was enacted by the City before June 1, 2011. How are these vacation rentals able to list their properties on Airbnb and VRBO for less than the seven day minimum? Who is monitoring this? What information is provided by the City to these Vacation Rental Property Owners? Are there any rules? Does the Vacation Rental Property Owners have a duty to convey rules (regarding parking, noise, etc.) to their tenants? If so, what are they? Why do the residents have to file complaints with Code Enforcement, numerous times, and nothing is done by Code Enforcement? Why do the residents have to call law enforcement for noise complaints from these tenants during the hours of l0pm-6am? Why do residents have to call law enforcement because the tenants are blocking sidewalks? What is Code Enforcement doing? Are they patrolling these vacation rentals at night and on the weekends? Why does the City have a law that is not enforced? Respectfully, Jo Sojourner Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. From: Gillian Franklin To: City Clerk Subject: Fw: Vacation Rentals Date: Thursday, September 10, 2020 10:11:57 AM Ms. Goforth, I am requesting this to be read in public comments at our next City Council meeting September 15, 2020. Thank you. Forwarded Message From: Gillian Franklin <flfranklins@yahoo.com> To: Jo Sojourner <josojourner@yahoo.com>; Tim County <tcounty608@gmail.com>; robert fika <bob.fika@chadwellsupply.com> Sent: Thursday, September 10, 2020, 10:01:35 AM EDT Subject: Vacation Rentals Please review before I send this to the City Clerk. Members of the City Council, I move here, like so many others, for the tranquil beach, the appeal of small town living and the relative safety of our communities. This place is infectious, it's people are welcoming, it truly is a "hidden gem." Over the years I have seen a positive trend, good people fixing up their properties, taking pride in their neighborhoods and communities. As a result, it has become a desirable place to live and invest in. Recently though, I have seen another trend. This trend however is not positive for our good citizens. It is causing unrest and tension. It is causing dislike and outright hatred toward our fellow neighbors. All this because of an explosion in vacation rentals in our city. There appears to be a blatant disregard for following the law among some of these owners. Chiefly, not following occupancy standards, quiet hour rules and length of stay ordinances. The good people of Cape Canaveral should not have to rely on the Sheriffs Department to mitigate these problems. We also should not be relied on solely to turn these offenders in for their violations. This is why I am respectfully asking that the City take on a more pro -active position on this issue before our good citizens grow frustrated and give up on our wonderful city. Let's show these owner's of vacation rentals that there are consequences to their illegal actions and take back control of our "hidden gem." Thank you, David Franklin Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. From: DE To: City Clerk Subject: City Council. Short term rentals Date: Thursday, September 10, 2020 2:08:03 PM I am writing to express my concerns with the proliferation of short term vacation rentals in our city. My understanding is that there is a regulation requiring a minimum seven day rental. Unfortunately this regulation has been ignored. Within the last year a home in my neighborhood has been converted to a STR. The owner is charging $500 per night. This has resulted in loud parties, cars blocking sidewalks and trash being blown around the neighborhood. The vast majority of the rentals have been for less than seven days. I have on multiple occasions watched children, senior citizens and others being forced into the street because of blocked sidewalks. The Sheriff's office has been called many times about these issues but they continue to happen. The only way to persevere our city is to enforce the seven day rule. Also communication between the sheriff's office and the city about citizen complaints of parties and parking issues is a must. And STR owners should have to answer for their renters actions. If inspectional services cannot handle the increased workload more personnel must be hired and paid for by STR owners. Thank you, Tim County Elbow Key Ct Sent from XFINITY Connect Mobile App Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.