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HomeMy WebLinkAboutcocc_council_mtg_minutes_20211207_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday December 7, 2021 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Community and Economic Dev. Director Capital Projects Director Cultural + Community Affairs Director Leisure Services Director Public Works Services Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Dave Dickey Jeff Ratliff Molly Thomas Gustavo Vergara James Moore Daniel LeFever Lisa Day Scott Molyneaux PUBLIC PARTICIPATION: Mike Corrigan, property owner, requested the City Council address an alleged failure of the Brevard County Sheriff's Office to enforce trespassing law on private property by Florida Power and Light. City Manager Morley stated he would follow up with Canaveral Precinct Commander Keck regarding the issue. ITEM FOR ACTION: 1. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities: City Manager Morley explained the Item: Discussion ensued and included an appropriate nominating process, Council Members interested to serve, the importance of attendance and commitment to participate, Mayor Emeritus Randels' statement in favor of a willing Council Member serve as the Alternate, and Florida League of Cities critical legislative issues such as Home Rule. Council reached consensus to use ballots for voting. Mayor Morrison called for the Council to use nomination forms for the Voting Delegate/Director and Alternate. City Attorney City of Cape Canaveral, Florida City Council Special Meeting • December 7, 2021 Minutes • Page 2 of 4 Garganese announced five (5) votes in favor of Council Member Raymond to serve as the Voting Delegate and four (4) votes for Mayor Pro Tem Kellum to serve as the Alternate. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to appoint Council Member Raymond as the Voting Delegate/Director and Mayor Pro Tem Kellum as the Alternate to the Space Coast League of Cities. The motion carried 5-0. ITEMS FOR DISCUSSION: 2. Implementation of the ProChamps online platform: City Manager Morley explained the Item. Mike Baldwin, ProChamps Senior Solutions Architect, presented a Program Overview to the City Council. Discussion ensued and included ProChamps aggregated data, ProChamps telephone hotline and anonymous complaints, call center service located in the Midwest, twenty unique properties renting below the seven-day minimum, the short-term rental property registration program and process, correction to the online form related to anonymous complaints, long telephone hold times, ProChamps' purpose in gathering three-month's worth of data to confirm identification of a possible violation and Code Enforcement will use the data to build cases for the Special Magistrate after first notifying/working with potential violators. City Manager Morley stated Staff is under a standing order to distribute courtesy notices prior to issuing any notices of violation. Discussion ensued regarding timing of courtesy notices, notices of violation, the Special Magistrate's thirty -day schedule, and request to update the Council at its December 21, 2021 Regular Meeting. Rocky Randels, resident and Mayor Emeritus, discussed the seriousness of the Item and how the issue can destroy a small community, commended Mr. Baldwin and the Council, and pointed out the City is the first in the State to accomplish such a task. Council reached consensus to receive an update Summary Item with no action to be taken at the Regular City Council Meeting of December 21, 2021. Kay Jackson, property manager, discussed concerns regarding thirty -day minimum rentals in certain zones, grandfathered properties and difficulties in scheduling rentals for those in need of accommodations for Tess than the 7-days. Mayor Morrison stated he would forward an email he received from Ms. Jackson to the Council and Staff to get her questions answered. City Manager Morley explained the Code of Ordinances does not support a thirty -day minimum in any zoning district, adding the City Code only supports a seven-day minimum in residential districts. Mayor Morrison recessed the meeting at 7:24 p.m. The meeting was reconvened at 7:37 p.m. 3. Review of proposed purchase of 7404 North Atlantic Avenue (Civic Hub project f/k/a The Promenade): City Manager Morley reviewed the Item and the choice of actions before Council. Discussion ensued and included pros and cons of walking away from purchasing the property and the Project, the potential repercussions related to the City's ability to obtain project funding in the future and potential costs of paying back the loan. Jeff Larson, Larson Consulting Services, answered questions and discussed his company will not charge a fee for prepayment of the Loan but could not speak on behalf of the Bond Counsel, Bank Counsel or the City Attorney. Financial Services Director DeLeo discussed the importance of City relationships to banks and unknown, potential future financial risk should the City prepay this loan. Discussion continued regarding potential negative impacts going forward or not on the Loan and the Project, the City's legal right to pay off the Loan, unforeseen impacts related to taxes, using CRA funds for City of Cape Canaveral, Florida City Council Special Meeting • December 7, 2021 Minutes • Page 3 of 4 streetlights and sidewalks, opinions the Project was rushed through and should have been workshopped, opposition to and support for the Project, the need for Council to make good business decisions for the future, previous Council initiatives supporting a complete City campus, City Visioning in 2009, 2012 Redevelopment Plan, community support for more greenspace in 2018 survey and Mayor Morrison's Facebook posts encouraging people to participate. Mayor Morrison requested Council Member Davis submit the Facebook post copies into the public record. Dr. Shannon Roberts, resident, expressed support for the Project, reminded Council of the six Visioning Workshops and Federal infrastructure funds to invest in lights and sidewalks. Chris Cloney, resident, expressed opposition to the Project, paying tenants to relocate and concerns regarding taxpayers. Rocky Randels, resident and Mayor Emeritus, discussed support for the Project and submitted a copy of the City of Cape Canaveral Goals and Objectives for 2006/2007 Fiscal Year document containing the phrase "...develop City campus plan". Discussion ensued and included dissatisfaction with the Project and Loan process, extending the closing for thirty days, a proposal to workshop alternative use of the funds, why the Bank deposited funds early, repurposing the Loan contract for another project. Financial Services Director DeLeo explained the Loan is specific to the Project, the City would have to restart the process which would cost the City thousands of dollars, amendments would have to be made to the adopted Budget and such action would require going back to the CRA Board. Discussion continued regarding the tenants livelihoods. Smaily Ochoa, business owner/tenant at 7404 N. Atlantic Avenue, discussed concerns regarding his current business situation and urged Council to listen to taxpayers. Belinda Roldan, business owner/tenant at 7404 N. Atlantic Avenue, discussed a potential new space for her business and the urgency to move forward. Mayor Morrison apologized to the business tenants. A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve Item 4. City Attorney Garganese advised the Motion is technically out of order, Council should determine if it wants to extend the closing date or what direction it wants to go. Discussion ensued on the appropriate motion and procedure for Council to proceed. A motion was made by Council Member Raymond, seconded by Council Member Davis, to move forward with the Project. Discussion ensued regarding pros and cons of moving forward with the Project. Council Member Raymond raised a point of order to call the question. City Attorney Garganese advised Council on Parliamentary Procedures regarding Call the Question. Discussion ensued regarding whether Council should use taxpayer money to pay the Tenants, the issue should go back to the CRA Board if appropriate, Council policy should not be to provide relocation assistance to business owners and how such a decision should be handled at the City Manager level. The motion carried 3-2, with Mayor Pro Tem Kellum and Mayor Morrison voting against. Mayor Morrison called for a motion to extend the Meeting. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to extend the meeting for twenty minutes. The motion carried 5-0. Discussion ensued and included opposition to managing tenants in the building, opposition to demolishing the building, and changing the use of the property. City Attorney Garganese advised Council relief funds and appropriation are authorized under the CRA Redevelopment Act. Discussion continued regarding relocation expenses for the Tenants and extension of the closing date by thirty days. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to extend the meeting until 10:30 p.m. The motion carried 4- 1, with Council Member Raymond not present. Discussion ensued regarding clarification of the thirty -day extension contained within Section 5.7 - Extensions of Closing Date of the Contract for Purchase and Sale of the Property and the benefit and technicality of requiring a "Hold Harmless City of Cape Canaveral, Florida City Council Special Meeting • December 7, 2021 Minutes • Page 4 of 4 Agreement" in exchange for the $5,000 in relocation expenses with documented proof of the payment of first and last month's rent and security deposit at the new location. Mayor Morrison called for a motion. A motion was made by Council Member Willis, seconded by Council Member Raymond, to extend the closing date and the not to exceed $5,000 in relocation expenses. The motion carried 5-0. OLD BUSINESS: 4. 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"). (tabled November 16, 2021): A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to remove the Item from the table. The motion carried 5-0. Discussion ensued. A motion was made by Council Member Raymond, seconded by Council Member Davis to approve the Item. The motion carried 3-2, with Mayor Pro Tem Kellum and Mayor Morrison voting against. REPORTS: ADJOURNMENT: There being no further business, the Meeting adjourned at 10:29 p.m. Wes Morrison, Mayor Mia Goforth, , City Clerk SEAL City of Cape Canaveral, Florida