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HomeMy WebLinkAboutcocc_council_mtg_minutes_20210720_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday July 20, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:10 P.M. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Council Member Council Member Mayor Pro Tem Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager Assistant City Attorney City Clerk Administrative/Financial Services Director Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director Capital Projects Deputy Director Deputy City Clerk Executive Assistant to City Manager/Office Manager Dep. Community & Economic Dev. Dir./Sustain. Mgr. Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief PRESENTATIONS/INTERVIEWS: Todd Morley Anthony Garganese Mia Goforth John DeLeo David Dickey Molly Thomas Gustavo Vergara James Moore Tim Carlisle Daniel LeFever Lisa Day Zachary Eichholz Andrew Walters Brett Lockhart Dave Sargeant Christopher Quinn PRESENTATIONS/INTERVIEWS: City of Cape Canaveral Certificate of Appreciation to Eagle Scout Darian Bramblett for completion of a dune planting project: Mayor Hoog presented the Certificate to Mr. Bramblett. Mr. Bramblett thanked Council, discussed planting sea elders and donating excess funds to the City for future projects. Presentation of Proclamation, honoring the Cape Canaveral Volunteer Fire Department a/k/a Canaveral Fire Rescue (CFR), for services provided during the 2021 COVID-19 Pandemic Vaccination Distribution to the Community: Mayor Hoog presented the proclamation to Chief Sargeant and Deputy Chief Quinn. Deputy Chief Quinn thanked City Council, City Manager Morley City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 2 of 5 and Staff. Chief Sargeant discussed the tremendous work and group efforts between Canaveral Fire Rescue and City Staff for a successful outcome. PUBLIC PARTICIPATION: David Mulberry, Property Registration Champions, LLC, stated he would answer questions related to Agenda Item 3. CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion. Council Member Morrison removed Items 2, 3 and 4. 1. Approve Minutes for June 15, 2021 Regular City Council Meeting. 2. Resolution No. 2021-08; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2021/2022 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 3. Review and approve Agreement between the City of Cape Canaveral and Property Registration Champions, LLC for the provision of Vacation Rental Program services and authorize the City Manager to execute same. 4. Resolution No. 2021-09; amending Appendix B, Schedule of Fees, of the City Code to include Registration and Inspection Fees related to Vacation Rentals under Section 110-486 of the City Code; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 5. Approve Proposal from Tetra Tech in the amount of $57,500 to complete a Deep Injection Well Conceptual Study. 6. Award Bid for rehabilitation of Lift Station No. 8 to L7 Construction, Inc., in the amount of $286,170 and authorize City Manager to execute Construction Agreement for same. 7. Join the Florida Race to Zero Initiative to better promote the City of Cape Canaveral's Sustainability and Resilience Efforts. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item Nos. 1, 5, 6 and 7. The motion carried 5-0. 2. Discussion ensued and included a request for Council to consider decreasing the Tentative Proposed Millage rate to 3.25, increase in property values, revenue concerns related to the Pandemic, keeping the rate at 3.5755 mills, consequences of a millage rate decrease, small business concerns, Cherie Down Park and stormwater projects, cutting costs in the Proposed Budget, Promenade Project estimated loan cost versus unknown cost of the property reflected in the Proposed Budget, flooding issues in the City and Oak Lane not discussed as priorities at Strategic Planning Retreat and the City's historical trend of going below rollback. City Manager Morley pointed to the potentially unknown significant expenses, related to Center Street Basin Stormwater and Oak Lane, are not found in the current Proposed Budget but are now being discussed; that lowering the millage would be counterintuitive to those initiatives which, should Council decide to reduce taxes and the City receives American Rescue Act funding, this would open the City to potential scrutiny of a violation related to the American Rescue Act funding restrictions. City Manager Morley stated Council will be setting a Tentative Proposed Millage Rate that can go down from here at future meetings. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-08. The motion carried 4-1, with Council Member Morrison voting against. City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 3 of 5 3. Discussion ensued and included the intent of the Agreement, the minimum seven (7) consecutive day minimum restriction and enforcement challenges. City Manager Morley explained the company will enforce the terms Council decides to include in the Agreement which may be amended, if needed. Discussion continued regarding the Agreement Scope of Services, the measure assists Staff, the ability for residents to report violations via hotline, the effects of short- term rentals on affordable and low-income housing, homeownership is an American dream, property owner and residents rights, the number of owner -occupied, homesteaded taxable properties in the City and State preemptions. David Mulberry, President/CIO, Property Registration Champions, LLC (PRC) dba ProChamps, discussed how the company monitors short- term rental sites on a regular basis, at random times, provides screen shots, most sites show stays being offered less than seven days in the City, booking data and pulling calendar data in advertisements. City Attorney Garganese explained PRC will assist the City in capturing automated data it does not have today, providing much more information than Staff would be able to gather alone and, if necessary, Council can reconsider if the service does not work. Rhonda Breininger, business owner, expressed concerns over monitoring and whether such measures are needed for Cape Canaveral's size. A motion was made by Council Member Morrison, seconded by Council Member Brown, to approve Consent Agenda Item 3. The motion carried 5-0. 4. Discussion ensued and included a proposal to reduce fees by fifty percent, charging the same for homesteaded and non -homesteaded properties, ProChamps' $100 flat fee, proposed fees cover legal costs, Code Enforcement Staff time to synthesize collected data and places costs on the users, lowering taxes, proposed fees not excessive compared to per night stays and fee rates compared to other cities and counties. A motion was made by Council Member Morrison to reduce the fees by fifty percent across the board and change the non -Homesteaded and Homesteaded to one fee. The motion died for lack of a second. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-09, as written. The motion carried 4-1, with Council Member Morrison voting against. PUBLIC HEARINGS: 8. Ordinance No. 29-2021; amending section 46-26 of the City Code, transferring the duties of the City of Cape Canaveral Library Board to City Council of the City of Cape Canaveral; 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 explained the Item. Discussion ensued and included the history of the Cape Canaveral Library, City Library Board, Friends of the Library non-profit organization, the Agreement between the City and the Brevard County Library System, the last Library Board Meeting in 2020, reasons for the measure, Council Member recommendation to refrain from Friends of the Library membership, conflicts of interest, the Sunshine Law, low Board Membership, repealed statutory requirement for a local Library Board, support from both Library Director Lisa Olzewski and Friends of the Library President Evelin Reid. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Ordinance No. 29-2021, at first reading. The motion carried 5-0. 9. Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to the application procedure for code enforcement lien satisfactions and releases including authorizing the Special Magistrate to make recommendations to the City Council regarding City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 4 of 5 such applications and providing the City Manager the authority to grant de minimus reductions for certain small liens; 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 explained the Item. Discussion ensued and included the application procedure, reason for the measure, granting de-minimus reductions, rarity of small lien reduction requests, adoption of amnesty provisions and encumbrance of properties, the action does not allow the City Manager to waive liens, pros and cons of the measure. City Attorney Garganese advised Council could take out the City Manager authority to grant de minimus reductions, allowing the Special Magistrate to make recommendations. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Council Member Kellum to approve Ordinance No. 32-2021, as written, striking the de minimus provision referenced. The motion carried 5-0. Mayor Hoog recessed the meeting at 8:11 p.m. The meeting was reconvened at 8:21 p.m. ITEMS FOR ACTION: 10. Consider Application for Reduction of a $26,883.00 Code Enforcement Lien, Case No. 16-101. Homedingo, LLC — Applicant (116/118 Tyler Avenue): Community and Economic Development Director Dickey discussed the Item Summary timeline and application of criteria including history of the property's ownership, condition, Code violations, compliance and improvement requirements for lien reduction requests. Michael E. Mummert, Applicant and owner Homedingo, LLC, stated he placed the property in a land trust holding of Homedingo, LLC. Discussion ensued and included dealing with squatters which included calls to law enforcement, challenges due to the Pandemic, property improvements, Mr. Mummert's undisclosed recent sale of both units in the amount of $450,000, law enforcement costs and the process by which the property was sold twice without Satisfaction of Lien. City Manager Morley stated the Council is not hearing evidence or testimony from the new Owner. City Attorney Garganese advised the escrow funds are held by the Title Company. Discussion continued regarding the decision before Council and what amount to grant if any. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison, to reduce the Lien of $26,883 by $7500, requiring Homedingo, LLC to pay $19,383. The motion carried 5-0. City Attorney Garganese advised the City Code requires payment be made within 30 days or the Lien becomes reinstated. Mr. Mummert agreed to provide Staff with the contact information for the Title Company to transmit an estoppel letter for payment. 11. Rescind Council direction to Staff to draft an ordinance changing alcohol sales hours in the City, as discussed at the June 15, 2021 Regular City Council Meeting. (Submitted by Council Member Kellum): Council Member Kellum lead discussion of the Item. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, rescinding Council direction for Staff to draft an ordinance changing alcohol sale hours in the City, discussed at the June 15, 2021, Regular City Council Meeting. Discussion ensued and included pros and cons related to extending alcohol sales hours, research and data requested from Staff. Commander Walters discussed an increase in DUIs April 1 to June 21 with concerns that trend will continue. Discussion ensued regarding a desire to see the data on DUIs, desire for law enforcement officers to speak at a City Council meeting and a request for Staff to provide research and data gathered so far. Peter Comelchook, business owner, discussed concerns related to declining business sales, Sheriff Ivey's support for and Brevard County Commissioners decision to City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 5 of 5 allow 24-hour alcohol sales within the unincorporated, County jurisdiction. Discussion ensued and included compromising with extended hours on the weekends only. Rocky Randels, Mayor Emeritus, commended Council Member Kellum and discussed support for rescinding Council's previous direction. Elise Comelchook, business owner, discussed support of extending alcohol sales on the weekends only. City Attorney Garganese advised Council how to proceed with the motion on the floor. The motion carried 4-1, with Council Member Morrison voting against. ITEM FOR DISCUSSION: 12. Discuss and provide Staff direction on the use of feather flags and snipe signs: City Manager Morley explained the Item. Discussion ensued and included removing prohibitions, accounting for the number of flags per business and multiple signs at properties with more than one business, flags and signs must be removed at night or be fined and enforcement of the Code prior to the extension. City Attorney Garganese explained, under City Code, feather flags and snipe signs are currently prohibited. However, during the COVID-19 pandemic, Council approved businesses to temporarily install feather flags and snipe signs, for which the 30-day grace period is now expired. Discussion continued regarding whether to leave the Code as is or provide some other direction to amend the Code, the amount of time to prepare a new ordinance, extending the grace -period for another ninety days or more, setting policy around the type, material, setback and requirement for Planning and Zoning Board review. City Manager Morley suggested each Council Member consider the community aesthetic and find out what the citizens desire within standards. Discussion continued regarding support and opposition to the matter, Staff confirmation to ensure businesses abide the rules, proposal to bring a draft ordinance back to the February 2022 City Council Meeting, limiting the number of flags and Staff time to enforce rules. City Attorney Garganese recommended authorizing a resolution temporarily suspending the City Code prohibition of feather flags, subject to the same conditions in the prior emergency Resolution adopted by Council, directing the Planning and Zoning Board to consider whether to change the Code to permanently allow feather flags, providing a recommendation to the City Council within 120 days and allowing the 30-day grace period for snipe signs to expire. City Attorney Garganese explained the measure provides a structure and standard for Code Enforcement. City Manager Morley clarified snipe signs would be prohibited starting the next day. A motion was made by Council Member Morrison, seconded by Council Member Brown, authorizing a resolution to temporarily suspend prohibiting feather flags, subject to the regulations adopted in Resolution No. 2021-07 and related to Emergency Orders, directing the Planning and Zoning Board to consider authorizing feather flags, providing a recommendation to the City Council within 120 days, with no allowance for snipe signs. The motion carried 5-0. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 9:59 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk SEAL of Cape Canaveral, Florida