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HomeMy WebLinkAboutcocc_council_mtg_minutes_20201020CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday October 20, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Council Member Kellum 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: 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 Public Works Services Deputy Director HR/Risk Management Director Community Affairs Manager Accountant Deputy City Clerk Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief Todd Morley Anthony Garganese (arrived 6:04 P.M.) Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Tim Carlisle Melinda Huser Stephanie Johnson Jenny Coldiron Daniel LeFever Joanna Seigel Ross Torquato Dave Sargeant Christopher Quinn PUBLIC PARTICIPATION: Rhonda Breininger, resident and business owner, expressed concerns regarding spending and debt in the City. Discussion ensued and included support for City senior citizens, children and the financial standing of the City. Mayor Hoog stated he would remove audience members acting out of order. Discussion continued regarding pros and cons of taking on debt, City priorities of State Road A1A improvements, bikeable/walkable streets and taking care of these issues before building the Multi -Generational Facility, the Community Redevelopment Agency and ad valorem taxes, the role of the City Council and concerns over mistruths and misinformation in the community. Andrew Dodge, resident, expressed concerns City of Cape Canaveral, Florida City Council Meeting — Hybrid October 20, 2020 Page 2 of 5 regarding the Multi -Generational Facility total costs and maintenance. Kay Jackson, resident, expressed concerns regarding the Multi -Generational Facility project costs and debt. PRESENTATIONS/INTERVIEWS: Presentation of check from State Senator Tom Wright, awarding the City of Cape Canaveral a $250,000 grant for construction of new headworks (influent filter system) and replacement of the sand filter system with disc filters at the City's Water Reclamation Facility: State of Florida Senator Tom Wright, District 14, presented Mayor Hoog a $250,000 grant check awarded from the State Legislature for City Water Reclamation Facility projects. Interview Applicant for appointment to the Culture and Leisure Services Board. (Anthony J. Divito): City Attorney Garganese confirmed the information contained in Mr. Divito's application was true and correct. Mr. Divito shared the reasons for his desire to serve. Council thanked Mr. Divito. CONSENT AGENDA: No Items were removed for discussion. 1. Approve Minutes for September 3, 2020 Special and September 15, 2020 Regular Meetings. 2. Resolution No. 2020-25; adopting the Brevard County 2020 Local Hazard Mitigation Strategy Multi -Jurisdictional Plan ("Plan"); supporting the County's pursuit of funding opportunities for the Plan; supporting continued participation in the Plan; providing for repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2020-26; reappointing a member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jared Saft) 4. Resolution No. 2020-27; temporarily reducing Commercial Recreational Franchise Fees due to the COVID-19 Pandemic Emergency until the Emergency Declaration adopted by the City Council pursuant to Resolution No. 2020-09 is terminated; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2020-28; appointing and reappointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (Anthony J. Divito and Marlene Woodside) 6. Award bid for construction of improvements to West Central Boulevard to Gibbs and Register of Winter Garden, Florida in the revised bid amount of $1,651,816 and authorize City Manager to execute Construction Agreement for same. 7. Accept revised letterhead system that facilitates Americans with Disabilities Act (ADA) compliance, minimizes waste and reinforces the City's brand and history. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Brown, to approve the Consent Agenda. The motion carried 5-0. City of Cape Canaveral, Florida City Council Meeting — Hybrid October 20, 2020 Page 3 of 5 PUBLIC HEARINGS: 8. 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 Emergencies; 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. Discussion ensued and included adding language for two Council Members to schedule a public meeting between themselves. The Public Hearing was opened. Discussion continued. City Attorney Garganese advised Council the option to allow two Members to call or schedule their own meeting may be added elsewhere in the City Code. There being no comments, Public Hearing was closed. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to adopt Ordinance No. 03-2020, at second reading. The Motion carried 4-1, with Council Member Morrison voting against. PRESENTATION: Presentation of Proclamation to Unit Commander Brian Schneider and other representatives from the Space Coast Young Marines, declaring the week of October 23, 2020 through October 31, 2020 as Red Ribbon Week in the City of Cape Canaveral: Mayor Hoog presented the Proclamation to Commander, Corporal and Lance Corporal Schneider. The Commander and representatives each spoke about Red Ribbon Week and what they are doing to actively address drug -free living in their lives. 9. Ordinance No. 05-2020; generally related to land use and zoning requirements; authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory use in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at special events authorized by the City; providing general standards for operating Mobile Food Dispensing Vehicles; 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 reviewed the Item. Discussion ensued and included authorized uses for operating mobile food dispensing vehicles in common areas of a residential neighborhood, parking on pavement versus grass, noise from generators, minor site plan adjustments required for operation and eliminating or revising requirements. Community and Economic Development Director Dickey stated the Planning and Zoning Board unanimously approved the proposed Ordinance and it is the Council's role to determine what the regulations should be while protecting the health, welfare and safety of the public. Discussion continued regarding the definition of mobile food dispensing vehicles, potential effects of removing certain restrictions, full and minor Site Plan Processes, ensuring operators do not illegally dispose of cooking oil and other liquids, the need for limits so as not to adversely affect other businesses, the necessity of commissary services for the operation of food trucks, past mobile food vending in the City and liabilities. City Attorney Garganese advised Council to put aside the parking on pavement issue which is tied to and addressed in the next Item on the Agenda. City Manager Morley suggested striking the word "paving" and replace it with "approved parking surface". Mayor Hoog opened the Public Hearing. Bill Sloot, resident, expressed concerns regarding liability. The Public Hearing was closed. Discussion ensued regarding liability on private and public properties and allowing the mobile food dispensing vehicles to operate in residential areas. A motion was made by Council Member Kellum, seconded by Mayor Hoog, to approve Ordinance No. 05-2020, with amendments to come back at the second reading, at first reading. City City of Cape Canaveral, Florida City Council Meeting — Hybrid October 20, 2020 Page 4 of 5 Attorney Garganese advised Council may pass the proposed Ordinance on first reading, direct Staff to research authorizing mobile food dispensing vehicles on single family lots and address insurance liabilities in the affidavit section. The Motion carried 4-1, with Council Member Morrison voting against. 10. Ordinance No. 06-2020; establishing alternative parking surfaces, sustainable green parking lot alternatives and bicycle parking requirements by amending Chapter 110 Zoning, Article IX, Division 2. — Off -Street Parking of the City Code; 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. Community and Economic Development Director Dickey reviewed the Item. Discussion ensued and included the importance of the policy, which is rooted in the vulnerability assessment workshops, the Planning and Zoning Board's unanimous support for the proposed Ordinance, significant policy changes to the size of a parking space, pervious and impervious parking, the challenges of parking in the City and effects on redevelopment, the proposed changes encourage pervious parking and maintenance of such placed on the property owners and desire to place the same commercial parking requirements across the City. The Public Hearing was opened. Oshri Gal, property and business owner, expressed support for the proposed revisions and concerns regarding soil percolation in Cape Canaveral. City Manager Morley confirmed soil located in the North-West area of the City is difficult to work with as a result of the use of dredged fill from the Banana River Lagoon years ago, indicating pervious pavement for parking needs to function properly when installed. Discussion continued on the need to move away from impervious pavement parking in the City. The Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Council Members Morrison and Raymond, to approve Ordinance No. 06-2020 with amendments, at first reading. The Motion carried 5-0. Mayor Hoog recessed the meeting at 8:40 p.m. The meeting was reconvened at 8:46 p.m. 11. Ordinance No. 07-2020; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Administrative/Financial Services Director DeLeo summarized the Item. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Ordinance No. 07-2020, at first reading. The Motion carried 5-0. ITEM FOR ACTION: 12. Provide direction regarding implementation of Granicus, LLC, dba Host Compliance, Short -Term Rental (STR) compliance management software: City Manager Morley reviewed the Item. Discussion ensued and included how residents are upset, problems are Statewide, preemption by the State Legislature, the registry could be an excellent resource, everyone can co- exist with regulations in place, clarification of inconsistent number of rental units listed in the Agenda Item and identification of businesses without Business Tax Receipts. Host Compliance Account Representative Jean Chavannes reviewed the software and services provided. Discussion ensued regarding rental property owners' multiple listings, catching 7-day-minimum violations City of Cape Canaveral, Florida City Council Meeting — Hybrid October 20, 2020 Page 5 of 5 and using searchable evidence in court. City Manager Morley expressed the desire to not hurt businesses but gain compliance. City Attorney Garganese indicated a desire to review the process further. City Manager Morley stated Staff hopes to have a contract by November. Discussion continued regarding the number of sites the company monitors being over 55 including Airbnb, Vrbo and HomeAway, feedback from the community regarding short-term rentals in the City, the service should help negate animosity between neighbors and the service will pay for itself and give Code Enforcement the tools they need to do their job. Rhonda Breininger, resident and property owner, explained her experience as a vacation rental owner and inquired what happens once the City receives information from the company. Community and Economic Development Director Dickey explained the violation process. Arlyn DeBlauw, resident and property owner, inquired about coordination with Homeowners Associations. Mr. Chavannes explained Associations typically have strict rules and do a great job on their own, but they can be notified of violations as well. Christopher Cloney, resident, expressed concerns including why Staff could not address these issues, due process and costs. Discussion ensued regarding the company's process, examples of evidence used, policing for profit and Council desire to see City Attorney Garganese's recommendation. City Attorney Garganese clarified that he does not prosecute cases but has provided guidance to Code Enforcement Staff and it may be worth his review of what evidence can be utilized from the service. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to direct Staff to begin implementation as outlined in the Agenda Item. The Motion carried 5-0. ITEM FOR DISCUSSION: 13. Council Code of Conduct Article II. Sec. 2-28 City Code of Ordinances. (Submitted by Mayor Hoog): Mayor Hoog explained the Item. Discussion ensued regarding claims of Council Members' campaigning against the Multi -Generational Facility Project after it was approved by the City Council and possible violations of the Council Code of Conduct. City Manager Morley advised the Chair of the time and a required supermajority vote if Council desired to extend the meeting. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to extend the meeting an additional fifteen minutes. City Attorney Garganese advised Council Member Morrison there is no conflict of interest related to his participating in the discussion or voting on the motion. Motion carried 5-0. Discussion continued regarding statements made on social media by and about other elected officials and the City, not attacking City Council decisions and fellow Council Members on social media and possible Sunshine Law and Ethics violations for discussing City business on social media. Council Member Morrison read an email addressed to City Attorney Garganese into the record (attached herewith). Discussion ensued. City Manager Morley advised the Chair of the time at 10:15 P.M. Discussion continued regarding the Code of Conduct, the City Attorney's role and Council responsibility to manage itself. ADJOURNMENT: Due to the lateness of the hour, the Meeting was adjourned at 10:19 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk From: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Sent: Tuesday, October 20, 2020 4:21 PM To: Wes Morrison Subject: Fwd: Legal Opinion -Discussion Item 13 Wes Morrison City Council Member City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: "Anthony A. Garganese" <aarganese@orlandolaw.net> Date: October 20, 2020 at 3:40:21 PM EDT To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: RE: Legal Opinion -Discussion Item 13 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Hi Wes, Item #13 is the Mayor's discussion Item regarding the Council Code of Conduct. I have previously advised the Council that the Code states that Councilmembers are accountable to the City Council. The legal questions you pose don't even seem related to the discussion item. The role of the City Attorney is to represent the City acting through its governing body and city manager. I do not believe it is the role of the City Attorney to be substantively involved in either assisting councilmembers with preparing or responding to these agenda items, which unfortunately seem to be a recent common occurrence in Cape Canaveral. I hope you can respect my position on this issue. Regards, Anthony 1 GARGANESE I WEISS D'AGRESTA & SALZMAN ATTORNEYS AT LAW Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: sshell@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Wes Morrison [mailto:W.Morrison@cityofcapecanaveral.org] Sent: Tuesday, October 20, 2020 9:53 AM To: Anthony A. Garganese <agarganese@orlandolaw.net> Subject: [EXTERNAL] Re: Legal Opinion -Discussion Item 13 WARNING - EXTERNAL EMAIL: Ensure you trust this sender before clicking on any links or attachments. Please report any suspicious mail. Good morning, Anthony. Any chance you will be willing/able to provide some clarity on the questions below? Hoping to have something to review prior to the meeting at 6pm. Thank you, Wes Morrison City Council Member City Hall Office 100 Polk Avenue 2 Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org On Oct 15, 2020, at 4:14 PM, Wes Morrison <W.Morrison@cityofcapecanaveral.org> wrote: Hello Anthony, I hope all is well! Would you please provide ASAP, and in any event prior to Tuesday's meeting, your written opinion on my four (4) questions below so that I may evaluate and prepare for Item #13 for Discussion on the Agenda. 1.) What is the limitation on my right of freedom of speech, if any, as an elected official under the Code of Conduct in Section 2-28 of the City of Cape Canaveral Ordinances? 2.) What is the limitation on my right of freedom of speech, if any, as a private citizen under the Code of Conduct in Section 2-28 of the City of Cape Canaveral Ordinances? 3.) What, exactly, is the mechanism of "forfeiture" of office under Section 2.07 of the Code of Conduct? 4.) Has the mechanism of "forfeiture" of office under Section 2.07 of the Code of Conduct been previously invoked and, if so, when and under what circumstances? Thank you, Wes Morrison City Council Member w.morrison@cityofcapecanaveral.org 321-593-2335 cell 321-868-1248 fax 105 Polk Avenue. P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org 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. 3