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HomeMy WebLinkAboutcocc_council_mtg_minutes_20211116CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday November 16, 2021 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Brown led the Pledge of Allegiance. ROLL CALL - OUTGOING COUNCIL: 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 City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director Human Resources/Risk Management Director Leisure Services Director Public Works Services Director Deputy City Clerk Dep. Community and Economic Dev. Director/Sustain. Mgr. Senior Planner Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Melinda Huser Gustavo Vergara James Moore Daniel LeFever Zachary Eichholz Brenda Surprenant Lisa Day Byron Keck Scott Molyneaux COUNCIL MEMBERS OATH OF OFFICE: City Attorney Garganese administered the Oath of Office to Kim Davis and Don Willis. Each took their places on the dais, made statements and gave thanks. MAYORAL OATH OF OFFICE: Reverend Royce M. Morrison, Jr. administered the Oath of Office to Wes Morrison. Mayor Morrison took his place on the dais, made a statement and gave thanks. ROLL CALL — NEW COUNCIL: Council Member Council Member Mayor Council Member Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral, Florida City Council Regular Meeting • November 16, 2021 Minutes • Page 2 of 6 PRESENTATION TO OUTGOING COUNCIL MEMBER MIKE BROWN: Mayor Morrison presented a Crystal Globe as a token of appreciation honoring Mr. Brown's service to the City. Mr. Brown thanked the Mayor, Council, Staff and the community. PRESENTATION TO OUTGOING MAYOR ROBERT E. HOOG: Mayor Morrison presented the City Meeting Gavel Plaque and City Service Coins as tokens of appreciation honoring Mr. Hoog's service to the City. Mr. Hoog thanked the Mayor, Council Members, Staff and the community. SELECTION OF MAYOR PRO TEM: Discussion ensued and included whether or not Council desired to use the proposed nomination method and individuals' expressed willingness to serve as Mayor Pro Tem. Council reached consensus to use the proposed nomination method for selecting a Mayor Pro Tem. City Attorney Garganese explained the process, collected ballots for two rounds of nominations and announced majority results in favor of Council Member Kellum. A motion was made by Council Member Willis, seconded by Council Member Kellum, to appoint Council Member Kellum as Mayor Pro Tem. The motion carried 5-0. PUBLIC PARTICIPATION: Kay Jackson, resident and business owner, discussed concerns including the City's online vacation rental registration process, the City's third -party contractor ProChamps., the 7-day rental requirement, zoning in residential areas and fees. Mayor Pro Tem Kellum discussed similar feedback received from the community regarding concerns for which she requested an add -on Agenda Item. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to add a Discussion Item regarding short-term rentals after Agenda Item 11. The motion carried 5-0. Mayor Morrison recessed the meeting at 6:44 p.m. The meeting reconvened at 7:00 p.m. CONSENT AGENDA: Mayor Morrison asked if there were any Items that need to be removed. Mayor Pro Tem Kellum removed Item 2. 1. Approve Minutes for October 19, 2021 Regular City Council Meeting. 2. Approve an Interlocal Agreement between the City Council and the Cape Canaveral Community Redevelopment Agency (CRA); recognizing a Joint Public Partnership between the City and the CRA related to the pending purchase and redevelopment activities associated with the Cape Canaveral Civic Hub (formerly known as "The Promenade"). 3. Approve the proposed 2022 City Council Regular and Budget Meeting Schedule. 4. Approve Purchase and Installation of Water Reclamation Facility Lightning Protection System Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $27,100. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to approve Consent Agenda Items 1, 3 and 4. The motion carried 5-0. #2 Discussion ensued and included desire to table the Item until the next Regular City Council Meeting on December 21, 2021 or schedule it for a Special City Council Meeting sooner, providing the new Council Members time to study the Item, desire to receive public input prior to moving forward and support for moving forward with the Item. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to table the Item to the December Regular City Council Meeting or a Special Meeting prior to that. Discussion ensued and included confidence in how the previous Council and CRA Board Members approved the Civic Hub Project, favor for moving forward with the Project, concern over first payment due in February, avoiding penalties and desire for Staff input on scheduling a meeting. City Manager Morley confirmed there would City of Cape Canaveral, Florida City Council Regular Meeting • November 16, 2021 Minutes • Page 3 of 6 be no problem in adding the Item to a December meeting and pointed out Discussion Item 10 is pertinent to the subject. The motion carried 3-2, with Council Members Davis and Raymond voting against. PUBLIC HEARINGS: 5. a. Ordinance No. 25-2021; adopting a property owner initiated small scale Future Land Use Map amendment by changing the Future Land Use Map designation of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from "C-1 Commercial "to" R-2 Medium Density Residential;" providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City Attorney Garganese explained the Item. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 25-2021, at second reading. The motion carried 5-0. b. Ordinance No. 26-2021; adopting a property owner initiated rezoning of a parcel of property described as Tax Parcel ID. 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from the current City "C-1 Low Density Commercial Zoning District designation to the City "R-2 Medium Density Residential" Zoning District designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. Kay Jackson, resident, discussed concerns regarding rezoning and inquired whether impact studies on traffic, sewer and stormwater were done. City Manager Morley explained the concurrency process for adopted levels of service related to the Comprehensive Plan. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 26-2021, at second reading. The motion carried 5-0. 6. Ordinance No. 36-2021; amending Chapter 110, Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida Legislature related to home based businesses; making conforming amendments to the schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the inconsistent ordinances resolutions, and incorporation into the code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included the importance of municipal Home Rule and the importance and power of citizen awareness regarding actions of the Florida State Legislature. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Raymond, to adopt Ordinance No. 36-2021, at second reading. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. City of Cape Canaveral, Florida City Council Regular Meeting • November 16, 2021 Minutes • Page 4 of 6 7. Ordinance No. 40-2021; 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, 2020, and ending September 30, 2021; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, second reading: City Attorney Garganese read the title into the record. Administrative/Financial Services Director DeLeo explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 40-2021, at second reading. The motion carried 5-0. 8. Ordinance No. 43-2021; amending Chapter 74 of the City Code regarding parking regulations on City owned or leased property; 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. City Manager Morley provided additional information regarding the historical placement of similar signs and how the new measure would give Brevard County Sheriff's Office authority to enforce the City Code. Discussion ensued regarding support for the action, parking overnight at City parks, Florida Uniform Traffic Citation Statute Chapter 316 works with cities that adopt that citation process, placement of signs will be at the discretion of the City Manager on an as -needed basis, citation fee, updating Council as action is taken and Center Street Park. Brevard County Sheriff's Office Commander Keck discussed the process, education being the first goal and citation is the last resort. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Ordinance No. 40-2021, at first reading. The motion carried 5-0. ITEM FOR ACTION: 9. Appoint a Council Member as the 2022 Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition: Mayor explained the Item and the critical importance of serving. City Manager Morley discussed City Councils' Resolutions over the years to implement safety and transportation improvements, the new Appointee's task will be to strike a delicate balance through the Space Coast Transportation Planning Organization (SCTPO) so the City does not lose critical improvements of the Florida Department of Transportation A1A Project and how the City Council never requested a roundabout or traffic circle. Discussion ensued regarding Mayor Pro Tem Kellum's experience serving as an Alternate Voting Delegate. Mayor Pro Tem Kellum nominated Council Member Willis to serve. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to appoint Council Member Willis as the 2022 Voting Delegate. The motion carried 5-0. Discussion ensued and included Council Member Willis' desire to serve, the importance of attendance at each meeting, coordination with the Cocoa Beach Alternate Voting Delegate and City Manager Morley's suggestion that Council Member Willis meet with the City's SCTPO Citizen Advisory Committee Representative Arlyn DeBlauw and Senior Planner Brenda Defoe-Surprenant, the City's Technical Advisory Committee Representative. ITEMS FOR DISCUSSION: 10. Discussion on funding of a relocation/assistance program for businesses located within the City Community Redevelopment Area (CRA): City Manager Morley explained the Item, options and recommended Council use the CRA funds for assistance grants for relocation of the City of Cape Canaveral, Florida City Council Regular Meeting • November 16, 2021 Minutes • Page 5 of 6 tenants if Council decides to fund this program. Discussion ensued and included reviewing the lease prior to making any decision, the current lease in review status, desire to be cautious in making a decision either way, treating businesses in the City equally, the assistance program is based on the actions of the City and language reflecting such should be placed within the grant application. City Attorney Garganese explained the original contract provisions and complications that came about due to the tenant provision. Nelson Rivera, business owner/tenant at 7404 N. Atlantic Avenue, explained he could vacate the premises by December 27, 2021 if they had $5-7000 in relocation assistance, the difficulties in relocating his shop and current rent is $1275.22 a month. Discussion continued regarding bringing the Item back at a Special Meeting, and there being no need for a lease if tenants vacate by the end of the year. City Attorney Garganese explained the Council approved a contract to purchase the property and is trying close the deal as stated in the contract, working up towards the closing date the Council needs to address additional items first and this is one of them, the other item is the Interlocal Agreement. Smaily Ochoa, business owner/tenant at 7404 N. Atlantic Avenue, discussed that he started his business eight years ago, would like to stay in the City, stated it would take $10,000 to relocate his business and that he also could vacate the premises by December 27, 2021. Discussion continued regarding a workshop to discuss the Civic Hub Project, opposition to the Project, how the previous City Council legitimately voted for the Project, Council opposition to backing out, and desire to spend funds on such items as stormwater and wastewater projects instead. City Manager Morley discussed the approximate costs to back out of the Loan to start at $80,000 and potential negative impacts to the City's good bond and credit ratings are unknown. Finance Director DeLeo discussed how tenants must pay their rent which would be taxpayer dollars, the City is in a good financial position and advised it would be bad idea to back out of the Project from a financial perspective. Discussion ensued and included scheduling a Special City Council Meeting before taking action to review the legal opinion of City Attorney Garganese regarding a potential termination of the Council -approved final Sale and Purchase Contract, the professional opinion of potential costs of repaying the Council -approved $1.2M Loan by the City's Financial Advisor Jeff Larson, draft lease agreement and summary minutes of this discussion for Council to make a decision to go into a lease agreement or not and possible relocation of the tenants. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to schedule a Special City Council Meeting on December 7, 2021 as discussed. City Manager Morley confirmed Staff will provide City Attorney Garganese' opinion on cancelling the Sale and Purchase Contract, City Financial Advisor Larson's opinion regarding the impacts of returning the $1.2M Loan, summary minutes reflecting the discussion, action taken and the requests of the tenants regarding relocation expenses, the draft lease agreement, and any other Items Staff thinks should be included. The motion carried 5-0. Mayor Morrison recessed the meeting at 9:09 p.m. The meeting reconvened at 9:21 p.m. 11. Discussion on the American Rescue Plan Act and review Proposed Projects to determine how best to use these Fiscal Recovery Funds: City Manager Morley explained the Item. Financial Services Director DeLeo explained the American Rescue Plan Act (ARPA) Federal funding status and the need to identify use of the funds by April 1, 2022. Discussion ensued and included Canaveral Fire Rescue is willing to wait for the ARPA reimbursement funds, the longer conversation needed with citizens regarding the Unspecified Qualified Community Needs funding and possible allocation of leftover funds to Wastewater and Stormwater. Council reached consensus to move forward with the Proposed Project use of Fiscal Recovery funds as recommended. City Manager Morley requested the Council Members talk to citizens regarding City of Cape Canaveral, Florida City Council Regular Meeting • November 16, 2021 Minutes • Page 6 of 6 COVID-19 Fiscal Recovery funding for a January or February 2022 Agenda Item, discussed the Tranche payment schedule and confirmed designated funding can be amended. 12. Discussion on Short-term Rentals (Add -on Item by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the reason for the discussion involved concerns regarding ProChamps' online services which the City uses to register and monitor short-term rentals, listings are renting for less than the 7-day minimum, anonymous complaint issues and a desire to have ProChamps report to the City Council on December 7, 2021 during the Special Meeting. Discussion ensued and included user experience, concerns over anonymous complaint identities being revealed, the number of short -rentals holding Business Tax Receipts and desire for terms of the agreement with ProChamps and deliverables be attained. Council reached consensus to receive an update from ProChamps during the City Council Special Meeting on December 7, 2021. REPORTS: City Manager Morley requested consensus from the Council for a closed Security Meeting facilitated by the Brevard County Sheriff's Office at 4:00 p.m. on Tuesday, December 21, 2021 to be followed immediately at 4:30 p.m. by an open public meeting/refresher, facilitated by City Attorney Garganese, on Roberts Rules of Order, leaving the 5:00 p.m. hour open for a potential Special CRA Board Meeting just prior to the Regular City Council Meeting at 6:00 p.m. Council reached consensus to conduct the meetings as discussed and move both meetings to 5:00 p.m. and 5:30 p.m. should the City Council have no need for the tentatively scheduled Special CRA Board Meeting at 5:00 p.m. Mayor Pro Tem Kellum discussed the Veterans Day ceremony at Veterans Park, thanked Staff for their efforts in making the Park beautiful and for the "Children at Play" signs placed in her neighborhood. Council Member Willis thanked Public Works Services and Human Resources Staff for providing excellent customer service. Council Member Raymond discussed attending the Space Coast League of Cities meeting where the 2021/2022 meeting schedule was approved. Mayor Morrison expressed thanks to all. ADJOURNMENT: The Meeting was adjourned at 9:57 p.m. Wes Morrison, Mayor Mia Goforth,•City Clerk