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HomeMy WebLinkAboutcocc_council_mtg_minutes_20220419CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday April 19, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Commander Keck 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 Capital Projects Director Community and Economic Development Director Leisure Services/Community Affairs Director Public Works Services Deputy Director Capital Projects Deputy Director Deputy City Clerk Deputy Community/Economic Dev. Director Parks and Projects Administrator Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Molly Thomas June Clark Tim Carlisle Daniel LeFever Zachary Eichholz Gustavo Vergara Byron Keck Scott Molyneaux A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to add - on draft Ordinance No. 04-2022 to the Agenda. The motion carried 5-0. City Attorney Garganese advised Council that it can appear under Public Hearings as Item 9. PUBLIC PARTICIPATION: Bob Hathaway, resident, discussed concerns regarding the proposed Florida Department of Transportation (FDOT) SR A1A Roundabout, suggested making the intersection a four-way stop and inquired about when the Project will be discussed again. Patrick Campbell, resident, discussed concerns regarding FDOT tasking City Staff to develop lists of owners of property and homeowner associations, to coordinate meetings with those groups, and influencing citizens to accept the FDOT SR A1A Roundabout Project. City of Cape Canaveral, Florida City Council Regular Meeting • April 19, 2022 Minutes • Page 2 of 5 PRESENTATIONS/INTERVIEWS: Presentation by Brevard Zoo Executive Director Keith Winsten, regarding the proposed Aquarium Project to be built at Port Canaveral: Mr. Winsten made his presentation to the Council and distributed book marks with a QR Code providing more information on the Project. Mayor Morrison thanked Mr. Winsten. Presentation by Dr. Troy Nguyen et al., showcasing real -world application of Battery Storage Technology at the Florida Tech Alumni Center and future University Energy Efficiency Project Collaboration: Dr. Nguyen introduced himself and Dr. Hamidreza Najafi, made the presentation to Council, and expressed desire to submit a joint proposal with the City to the Department of Energy for collaborating on the research, development, deployment and monitoring of renewable energy and energy storage infrastructure for enhanced resilience at critical City facilities. Deputy Community and Economic Development Director Eichholz provided an update on Phase I of the City Solar Array installation of rooftop batteries on City facilities. Mayor Morrison requested copies of the Presentation be shared with the Council and thanked the presenters. Presentation by Mead and Hunt of the Results of the Center Street Drainage Basin Study: Capital Projects Director Ratliff provided a brief summary and introduced Mead and Hunt Project Manager Andrew Giannini. Mr. Giannini made the presentation to Council and answered various questions regarding current conditions on Center Street related to drainage and capacity flow, storm model data, cost of a trunk line pipe, purchasing land off Center Street to install a retention pond, installation of baffle boxes and incorporating treatment into the pond. Mayor Morrison thanked Mr. Giannini and requested copies of the presentation be shared with Council. City Manager Morley discussed data related to rainfall and the rising water of the Indian River Lagoon since 1897 of ten inches which will continue in an accelerated manner. Mayor Morrison requested the data from City Manager Morley. Mayor Morrison recessed the meeting at 7:08 p.m. The meeting reconvened at 7:20 p.m. Interview Applicant for appointment to the Community Appearance Board. (Pamela Paisley): City Attorney Garganese confirmed information contained in Ms. Paisley's application to be true and correct. Ms. Paisley shared background related to and interests in serving on the Board. Council thanked Ms. Paisley for volunteering to serve the City. CONSENT AGENDA: Mayor Morrison removed Item 6. Mayor Pro Tem Kellum removed Item 3. 1. Approve Minutes for the March 15, 2022 Regular City Council Regular Meeting. 2. Resolution No. 2022-06; posthumously recognizing the Testamentary Donation of $5,000 made by Frederic Robert Randell to the City of Cape Canaveral to be used for the benefit of Cape Canaveral Library; providing for an effective date. 3. Resolution No. 2022-07; recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC) and honoring this achievement; providing for an effective date. 4. Resolution No. 2022-08; appointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Pamela Paisley) 5. Resolution No. 2022-09; reappointing a member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jalinda Coudriet) City of Cape Canaveral, Florida City Council Regular Meeting • April 19, 2022 Minutes • Page 3 of 5 6. Approve the temporary fee schedule for the City of Cape Canaveral Community Center (C5) effective from the facility's opening date through September 30, 2022. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Consent Agenda Items 1, 2 ,4 and 5. The motion carried 5-0. #3 Discussion ensued and included the importance of the role of City Clerk, the work performed by City Clerk's Office Staff and the Florida Association of City Clerks. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to pass Resolution No. 2202-07. The motion carried 5-0. #6 Discussion ensued and included the reason the Item was not brought to the Council in the form of a resolution, Staff determination of this particular fee schedule being temporary through September 2022, a permanent fee schedule could be implemented shortly before October 1, 2022 beginning next fiscal year, the Culture and Leisure Services Board recommendation that Council approve a temporary fee schedule, City Attorney Garganese suggestion to either bring a resolution back or Council may approve an interim resolution, written instructor agreements which sit outside of the City Fee Schedule, residential and non-residential fees for City Parks, resolving the issue in the immediate, and how official action cannot be taken during the City Council Workshop Meeting on Thursday, April 21, 2022. City Attorney Garganese explained he could draft a resolution for adoption during the meeting which would satisfy the Code requirement. Joel Fair, resident and Chair of the Culture and Leisure Services Board, discussed the importance of approving the temporary fee schedule and opening the Center. Discussion continued regarding the tentative, soft opening schedule of the Center in May 2022, the Splash Pad, landscaping, the issued Temporary Certificate of Occupancy, thanks to the Board, and the Silver Sneakers Program is onboard. Lee Vicidomini, resident, urged Council to open the new Center and called for passing a resolution with the temporary fee schedule. Council reached consensus to move forward with voting on a resolution containing the temporary fee schedule in the Agenda Item to be Exhibit "A". City Attorney Garganese advised Council that if it chooses, Staff can finish preparing the Resolution he drafted, so the Item can be deferred for final action later in the meeting. A motion was made by Council Member Willis, seconded by Council Member Raymond, to defer further action on Item 6. The motion carried 5-0. PUBLIC HEARING: 7. Ordinance No. 02-2022; establishing an Election procedure under Chapter 26 of the City Code to be utilized to conduct Special Elections of the electors of the City to fill City Council vacancies that may occur in the future as a result of one or more Council Members filing a Notice of Resignation with a prospective effective date to run for a different office in accordance with Florida's Resign -to -Run Law in instances when there is an intervening general City election; providing that any such Special Election shall occur at the same time as the regularly scheduled intervening General Election in accordance with the City Charter and City Code; providing for conflicts, severability, incorporation into the Code, and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. 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 Kellum, to approve Ordinance No. 02-2022, at second reading. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting • April 19, 2022 Minutes • Page 4 of 5 8. Ordinance No. 03-2022; amending the City Code to modify the compensation of the Mayor and Council Members effective December 1, 2024; 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 indicated the idea was brought forward by a resident and the example calculation contained within the Item could be helpful in later actions. Discussion ensued and included this action setting a precedence. The Public Hearing was opened. Al Vicidomini, resident, discussed current and former Council pay history. Joel Fair, resident, suggested adding a section in the City Charter to conduct a review every ten years. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Ordinance No. 03-2022, at first reading. The motion carried 5-0. 6. Approve the temporary fee schedule for the City of Cape Canaveral Community Center (C5) effective from the facility's opening date through September 30, 2022: City Attorney Garganese advised Council a motion is required to bring the previously deferred Item back up for Council to consider. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, bring back Resolution No. 2022-11. The motion carried 5-0. City Manager Morley read the Resolution into the record. Mayor Morrison offered to allow attendees to read Resolution No. 2022-11. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Resolution No. 2022-11. The motion carried 5-0. 9. ADD -ON ITEM: Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to traffic and vehicles to create a new Article IV. — Operation of Golf Carts and Low - Speed Vehicles on Roads; authorizing the operation of golf carts on specifically designated City roadways by subsequently adopted City Council resolution; providing definitions; providing for restrictions, certain minimum equipment, registration, inspection and insurance requirements for golf carts; recognizing low -speed vehicles are allowed on roads unless otherwise prohibited; providing for enforcement; 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. The Public Hearing was opened. Shannon Roberts, resident, discussed concerns over the safety aspect of the Item. Lee Vicidomini, resident, discussed personal experience with operating and converting a golf cart into a low -speed vehicle. Discussion ensued and included pros and cons of allowing golf carts in the City and road authorization by jurisdiction. Commander Keck discussed areas in Viera, the City of Cocoa Beach and Port Canaveral where golf cart use is allowed, prohibitions, golf carts and low - speed vehicles. Discussion continued regarding the FDOT process of authorization and designation of golf cart crossings on SR Road A1A, Commander Keck's offer to find out how long the process takes, concerns regarding divisions between residents of the City's East and West sides, illegal use of the sidewalks, concern for law enforcement, the Agenda Packet memo regarding whether e-bikes and similar devices should be prohibited from sidewalks, the issue of short-term rentals that come with golf -carts and the need to ensure the rules are clear, insurance and registration requirements, speeding, and the need to study traffic patterns. City Attorney Garganese discussed the need for a recommendation from a traffic engineer to guide Council. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 04-2022, first reading. The motion carried 3-2, with Council Members Davis and Raymond voting against. City of Cape Canaveral, Florida City Council Regular Meeting • April 19, 2022 Minutes • Page 5 of 5 INFORMATIONAL: Items presented for informational purposes only and no action was taken. 9. Monthly Financial Report — January 2022: Mayor Morrison discussed the need to review/update some sections of the Report. 10. ProChamps Update: Mayor and Council discussed the Report and confirmed that an email submitted by resident Jo Sojourner regarding Short-term Rentals was received. Community and Economic Development Director Dickey discussed the feedback received by Ms. Sojourner, ProChamps' decision to conduct an audit, and urged citizens to contact City Staff regarding future complaints. REPORTS: Council Member Raymond discussed the 2022 Space Coast League of Cities Scholarship Application on the League website. Council Member Willis expressed thanks to the community, Brevard County Sheriff's Office, Canaveral Fire Rescue and City leadership for participating in the parade for Ryett Jones at the Cocoa Palms Mobile Home Park on April 13, 2022. Mayor Morrison thanked everyone for making the parade for Ryett Jones happen and discussed Cape Canaveral winning the Most Fit City in Brevard. City Manager Morley reminded those in attendance about the upcoming City Council Workshop Meeting on April 21, 2022. ADJOURNMENT: The Meeting was adjourned at 9:55 p.m. Mia Goforth, City Clerk Wes Morrison, Mayor SEAL of Cape Canaveral, Florida From: jo Sojoumer To: City Clerk; Wes Morrison; Nlickie Kellum; Anaela Raymond; Kim Davis; Don Willis Subject: Short Term Rentals Date: Monday, April 18, 2022 8:36:15 AM Dear Ms. Goforth: Please read the following during Public Comments at tomorrow's, April 19, 2022, City Council meeting: Dear Mayor and City Council: My name is Jo Sojourner. I live at 280 Canaveral Beach Boulevard. I am writing regarding the Short Term Rentals in Cape Canaveral. In 2007, 2012, and 2013 the City of Cape Canaveral adopted Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12; Ord. No. 10-2013, § 2, 7-16-13 stating "It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels and motels under subsection 110-332(4), vacation rentals in the C-1 zoning district, and a vacation resort campus under section 110-490.1." City staff ignored these ordinances, and allowed short term rentals to get out of control. Therefore, in October 2021, the City of Cape Canaveral adopted Ordinance 10-2021, again, stating short term rentals are not allowed for less than seven days, along with several other contingencies. Here are a few of the City's Organizational Values: "Dedication: We are dedicated to performing our duties to the best of our abilities and going above and beyond to achieve high quality results." "Accountability: We have a responsibility to one another and the public to perform our jobs effectively and efficiently, and we take that responsibility seriously." "Innovation: We encourage thinking outside the box in search of new and better ways to provide quality services to the Community." "Proativity: We actively seek to identify and plan for issues before they arise, with the aim of averting problems rather than having to solve them after they occur." "Integrity: We strive to make decisions and take actions based upon what is right rather than what is expedient. We are honest and we own up to our mistakes." "Communication: We communicate openly, clearly, directly and in a timely manner with one another and the Community." All of the above need to be stricken from the City's Organizational Values. None of the above have occurred with Short Term Rentals. I have to wonder what else City staff is NOT doing that we, as citizens, are not aware of. It has been seven months since Ordinance 10-2021 was adopted. The City chose to retain a third party to do the City's job. They have retained a company that has no experience with enforcing the required seven day minimum. This was stated by Scott Blasie, Government Relations Director for ProChamps at the January 18, 2022 City Council meeting. Between myself, and neighbors I have spoke with, over 15 complaints have been made on the ProChamps website, and none of us have received a confirmation number, call, or any type of follow-up. For some reason, when ProChamps provides their monthly information it only shows one complaint. ProChamps has yet to register over 100 STRs. Obviously, the City got what it paid for. At the March 15, 2022 City Council meeting, Mayor Morrison questioned why most of the registered STRs did not have DBPR licenses, County or City Business tax receipts. David Dickey thanked the Mayor for bringing this to his attention. Are you kidding me? The Mayor has to tell the Staff what they are not doing. At one of the City Council meetings (within the last few months) Mayor Pro Tem Kellum asked the City Manager if they needed additional staff to monitor and enforce the STRs, and he advised no. There are currently over 50 properties on AirBnB renting for less than 7 days. As a tax payer, I would like to know: How much time is City staff spending on Short Term Rentals? I would love to see weekly reports from all staff showing how much time per day is dedicated to short term rentals and what they are doing (ie; following up on City BTRs, County BTRs, DPBR licensing, inspections, driving around the City monitoring these rentals, letters being sent to owners of STRs either advising them to register, or to cease renting for less than seven days, how many fines have been collected for not registering, how much time spent with ProChamps going over metrics, etc.) There needs to be accountability with the City of Cape Canaveral. Why adopt ordinances that are not being followed by staff. Jo Sojourner 407-924-7356 josojoumer@yahoo.com 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.