HomeMy WebLinkAboutMinutes 03-20-2018CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 20, 2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:03 PM. Mayor Hoog led the
pledge of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Attorney Anthony Garganese
City Manager David L. Greene
City Clerk Mia Goforth
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Human Resources/Risk Management Director Jane Ross
Culture and Leisure Services Director Gustavo Vergara
Capital Projects Director Jeff Ratliff
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Deputy Finance Director Melinda Huser
Deputy City Clerk Daniel LeFever
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriff's Office Lieutenant Brian Neal
Cape Canaveral Fire Department Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: Attorney John Kabboord,representing business owner Yogi Patel,
requested direction on permitting his client to rent U-Haul moving trucks from his property at the
south end of the City limits and stated Mr. Patel is now under a City Code Enforcement violation.
City Manager Greene suggested Mr. Kabboord and Mr.Patel work out the details with Community
Development Director Dickey and Staff on a presentation for a future Planning and Zoning Board
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City Council Regular Meeting
March 20, 2018
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Meeting to study the issue. City Manager Greene explained City Council could then consider the
Board recommendation. Attorney Kabboord thanked City Council and City Manager Greene.
Linda Hagen, 732 Bayside Drive, urged City Council and Staff to keep the City Code as written
with regard to temporary feather flag signs, to not allow additional days for their use, to keep the
City clutter-free and the main roads clear of visual distraction, to keep with the City Vision and
enforce current violations.
Dennis Buhtz, 535 Taylor Avenue, inquired about City sewage system capacity and percentages.
Mayor Hoog advised Mr. Buhtz to contact Public Works Services Director Lotspeich to provide
the information. Mr. Buhtz voiced concerns regarding traffic on A1A and inquired about a City
shuttle for transportation. Mayor Hoog suggested using Space Coast Area Transit and suggested
he contact Council Member Randels for additional information.
PRESENTATIONS/INTERVIEWS: Presentation of Proclamation recognizing Cape View
Elementary School for the "A+" Rating, received from the Florida Department of Education, to
Cape View Elementary School Principal Jill Keane: Mayor Pro Tem Brown praised the School for
their A+ Rating and presented the Proclamation to Principal Jill Keane, Assistant Principal
Suzanne Brooks and teachers and students in attendance. Principal Keane spoke on behalf of Cape
View Elementary School and thanked the City for the honor.
Presentation of Proclamation declaring April as "Water Conservation Month" to Abby Johnson,
Intergovernmental Coordinator from the St.Johns River Water Management District:Mayor Hoog
presented the Proclamation to Intergovernmental Coordinator Abby Johnson. Ms. Johnson urged
the students from Cape View Elementary School to consider a career in water resources, related
the importance of responsible water usage and thanked the City for the support.
Presentation of Proclamation declaring March 28, 2018 as a"Day of Giving for the American Red
Cross" to volunteers Denise and Mike Whitcomb from The American Red Cross of Florida's
Space Coast Chapter: Mayor Hoog presented the Proclamation to volunteers Denise and Mike
Whitcomb and others from the organization in attendance. The group thanked the City for the
support.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2017 —Presentation by Zach Chalifour, James Moore & Co: Certified
Public Accountant Zach Chalifour introduced himself and Senior Audit Manager Doug Gillikin.
He thanked Council and Staff for the opportunity to continue working as the City's external
auditors and presented a summary of the Annual Report. A motion was made by Council
Member Randels, seconded by Council Member Raymond, to accept the Annual Audited
Financial Statements and Independent Auditor's Report for the Fiscal Year ended
September 30, 2017. The motion carried 5-0.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 20, 2018
Page 3 of 5
CONSENT AGENDA: Mayor Hoog inquired if Council needed to remove any Items for
discussion. Council Member Morrison removed Item Nos. 4 and 5.
1. Approve Minutes for February 20, 2018 City Council Regular Meeting.
2. Award the Bid for construction of Lift Station No. 2 Gravity Sewer Improvements Phases
II/III to Atlantic Development of Cocoa, Inc. in the amount of $1,512,544 and authorize
the City Manager to execute the Construction Agreement for same.
3. Award Bid for construction of Wastewater Treatment Site Shoreline Protection Project to
SDV Services LLC in the amount of $193,850 and authorize City Manager to execute
Construction Agreement for same.
4. Approve Design Proposal in the amount of $335,740 to Architects RZK, Inc. for
Architectural and Engineering Services related to Canaveral City Park's
Multi-Generational Facility (MGF) and the Culture Arts Preservation and Enrichment
Center (CAPE; aka old City Hall) and authorize City Manager to execute agreement for
same.
5. Approve granting a Conservation Easement to St.Johns River Water Management District
for a portion of the City-owned property at the western end of Long Point Road and
authorize the City Manager to execute the related permit application as co-permittee and
Deed of Conservation Easement and Permanent Access Easement for same.
A motion was made by Council Member Randels, seconded by Mayor Pro Tem Brown, for
approval of Item Nos. 1,2 and 3 and Item Nos.4 and 5 for discussion.The motion carried 5-0.
#4 Discussion ensued and included a request for clarification of the agreement; amending the
contract to include public input; how the facilities being built are for the public and not the City;
how the public was included in general concept and planning of the Projects during previous City
meetings; current market and interest rate advantages; minimal staffing requirements and
utilization of contract instructors; various recreation programs, cooking and rental for special
events and activities; amending the agreement to include engaging the community to consider a
private organization to lease out the Multi-Generational Facility versus the City's current business
model. Mayor Hoog indicated the discussion was not relevant to the Agenda Item, explained the
Consent Agenda process and urged to move on. City Manager Greene explained the purpose of
the Design Proposal. Discussion continued regarding office space in the Multi-Generational
Facility and how the City does not charge recreational membership fees. A motion was made by
Mayor Pro Tem Brown, seconded by Council Member Raymond,to approve Item No. 4, as
written. The motion carried 4-1 with Council Member Morrison voting against.
#5 Discussion ensued and included Long Point Road resident concerns and public
involvement; intentions to use common commercial grade herbicide on the property to eradicate
and prevent invasive plants; planting native species on the site; how the land was used in past
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City Council Regular Meeting
March 20, 2018
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years; plans for stormwater cleansing and disposal; Easement will prevent development on the
property; public processes and involvement with regard to future planning of a park; history of the
grant applied for in 2007 from the U.S.Army Corps of Engineers; the need to either move forward
or give up the wetlands; mitigation credits from the St. Johns River Water Management District
will go to a local developer for land clearing, replanting native species on the property at
developer's expense; the Comprehensive Plan; Staff's efforts on a waterway tour to reach Cocoa
Beach and Council Meeting preparedness. Mayor Hoog called for a motion. Lee Coates, 814
Bayside Drive, inquired if the City would remain in control of the Easement property. City
Attorney Garganese provided background of the City owned property,the purpose of the Easement
to maintain a portion of the property as public conservation,which does not change the Title, and
explained his advice to Staff to ensure the Easement would not prohibit a future passive
recreational use should the City decide to propose it in the future. Sheila Dunkle, 8722 Croton
Court, cautioned the City regarding the potential use of bulldozers on the property and other
communities in Cape Canaveral. Simone Caroti, 226 Long Point Road, expressed concerns
regarding potential uses of the property and inquired about potential impacts. City Attorney
Garganese provided clarification regarding the mitigation plan. City Manager Greene stated there
would be multiple chances for residents and public to participate through Community Engagement
and a number of media approaches to reach the public such as Tech Talks and Brainstorming
sessions, fostering openness and transparency. Joe Abreu, 225 Long Point Road, expressed
concerns regarding dumping on the land in the past. Mayor Hoog explained potential plans for the
property. Community Engagement/Public Works Deputy Director Surprenant and Long Point
Road resident explained how his Department notifies the public on the City website and social
media. Mayor Hoog stated the City is trying to meet State requirements through a number of
entities regarding this Item. A motion was made by Council Member Morrison, seconded by
Council Member Raymond, to approve Item No. 5, as written. The motion carried 5-0.
PUBLIC HEARING:
6. Ordinance No. 02-2018; providing Code amendments related to the Sergeant at Arms;
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 including how security system plans are not only exempt from
public records under Florida Sunshine Law, but are also deemed confidential and must not be
disclosed to members of the public; additionally the Ordinance requires the Sergeant at Arms and
the City Manager develop a security system plan which would require training with the City
Council, the City Attorney and applicable City Staff on an annual basis, which will also be
confidential and exempt from open public meeting laws. Discussion ensued and included how the
world seems to be changing, thanks to Staff and ambiguous language in the Ordinance regarding
excusal.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 Raymond,
to approve Ordinance No. 02-2018 on first reading. The motion carried 5-0.
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City Council Regular Meeting
March 20, 2018
Page 5 of 5
REPORTS:
Council Member Raymond reported details of participation in Meals on Wheels with Aging
Matters in Brevard,delivering 10 meals around the City;attended the Space Coast League of Cities
(SCLOC) Board of Directors and Regular Meetings in Malabar, provided information regarding
volunteer opportunities through the "Just Serve" program. The initiative of South Florida cities
looking for support from central and northern municipalities regarding gun laws and promoted the
SCLOC Scholarship Program. Additionally, she gave an update on the Community Garden.
Council Member Randels thanked all for listening; spoke about Aging Matters in Brevard and the
Meals on Wheels routes in Cape Canaveral. He encouraged participation in the worthwhile
opportunity to serve others in the City, which takes about 45 minutes a day.
Council Member Morrison announced plans to deliver Meals on Wheels tomorrow; met with the
Community Engagement Department on preliminary ideas regarding a Habitat for Humanity
program in the City called Rock the Block; attended the Space Coast League of Cities meeting;
attended a presentation by the Melbourne Regional Chamber of Commerce in Cocoa Beach
regarding tourist development by Eric Garvey; and led the Community Walk in the Mayors'
Fitness Challenge.
Mayor Pro Tem Brown met with Brevard County Coalition for the Homeless and will meet with
City Manager Greene and Mayor Hoog to see if there is any assistance the City can offer;
encouraged participation in the Mayors' Fitness Challenge; and thanked City Staff for excellent
work.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:17 PM.
Mia Goforth, CMC, City Clerk
Bob Hoog, Mayor
Seal of Cape Canaveral, Florida