HomeMy WebLinkAboutMinutes 06-19-2018CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 19,2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member
Morrison 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 Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Human Resources/Risk Management Director Jane Ross
Culture & Leisure Services Director Gustavo Vergara
Capital Projects Director Jeff Ratliff
Economic Development Director Todd Morley
Public Works Services Director Debra Holliday
Deputy City Clerk Daniel LeFever
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Linda Moros
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: James Rao, 315 Jefferson Avenue, spoke about the City Codes
related to subdivisions,pre-existing developed property, townhomes and his intention to submit a
plat to the City. He thanked the City for assistance in the matter. Mayor Hoog requested removal
of the related Agenda Item, 12. Discussion to consider the ability and willingness to adopt a
resolution at a special public hearing which would grant a waiver for the Jim Rao properties
located 315, 317 & 319 Jefferson Avenue. City Attorney Garganese stated City Council does not
have authority to take the action requested and advised against taking up the issue as presented
due to requirements of State law. Community Development Director Dickey stated he spoke with
Mr. Rao prior to the meeting and confirmed Staff will expedite the process to move forward,
consistent with State law and City Codes. A motion was made by Council Member Morrison,
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June 19, 2018
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seconded by Mayor Pro Tem Brown, to withdraw Item 12 from the Agenda. The motion
carried 5-0.
CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion.
No items were removed.
1. Approve Minutes for May 15, 2018 City Council Regular Meeting.
2. Approve Interlocal Agreement between the City of Cape Canaveral, Florida, the City of
Cape Canaveral Community Redevelopment Agency and Brevard County, Florida and
authorize Mayor to execute same.
3. Authorize City Manager to negotiate and, if successful, execute continuing services
agreements with selected firms for Professional Engineering, Surveying, Planning and
Architectural Services as submitted in response to RFQ #2018-01, without need for
further City Council action.
4. Authorize removal of one (1) Specimen Tree at 317 Jefferson Avenue at a mitigation
rate of one-to-one.
5. Request City Council approve updated memorandum of understanding (MOU) for the
Intergovernmental Radio Communications Program — 800 MHz Advisory Committee
approved by the Board of County Commissioners (BOCC) on April 10, 2018 and
authorize the Mayor to execute it on the City's behalf.
6. At the request of the City's natural gas Franchisee (NUI Corporation/Pivotal Utility
Holdings, Inc.), approve and authorize the Mayor to execute the attached consent form
acknowledging and agreeing to the proposed transfer of ownership and control related to
the Franchisee pursuant to the terms and conditions of the Gas Franchise Agreement,
dated as of February 18, 1997, by and between the City of Cape Canaveral and Pivotal
Utility Holdings, Inc. (f/k/a NUI Corporation).
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to approve the six items on the Consent Agenda. The motion carried 5-0.
PUBLIC HEARING:
7. Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana
Treatment Center dispensing facilities within the City; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, second reading: City Attorney Garganese read the title into the record and
explained this is the third and final time Council has considered this Ordinance. Discussion
ensued. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. Mayor Hoog called for a motion. A motion was made by Mayor Pro Tem Brown,
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City Council Regular Meeting
June 19, 2018
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seconded by Council Member Raymond, to adopt Ordinance 04-2018, as written. The
motion carried 5-0.
ITEMS FOR ACTION:
8. Ratify the Composite City Manager Performance Evaluation and discuss/determine how
to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment
Agreement between the City of Cape Canaveral and City Manager David L. Greene: Mayor
Hoog explained the item. Discussion ensued. A motion was made by Council Member
Randels, seconded by Mayor Pro Tem Brown, to approve an increase in the City Manager
base salary by three percent. The motion carried 5-0.
9. City Council designate one (1) City Official to be the Voting Delegate at the 92nd
Annual Florida League of Cities Conference scheduled for August 16-18, 2018 — Diplomat
Beach Resort, Hollywood, Florida and decide if it wishes to propose resolution(s) for the
League's consideration: Discussion ensued. A motion was made by Council Member Randels,
seconded by Mayor Pro Tem Brown, that Council Member Raymond be designated as
Voting Delegate at the Florida League of Cities Conference. The motion carried 5-0.
10. Approve New Multi-Generational Facility (MGF) and Culture Arts Preservation and
Enrichment (CAPE) Center Design: Discussion ensued. William Sloot, 8924 Puerto Del Rio
Drive, suggested that age demographics of the City do not support the expenditure of money for
the facilities and called for a cost/benefit analysis. Penny Zuercher, 8657 Villanova Drive and
Chief Financial Officer Brevard Public Schools, stated she received an email from Council
Member Morrison requesting her support against the Item, she voiced her support for the
projects, explained how governments plan, design and go out for bid on projects and offered to
meet with Council Member Morrison to further explain how the process works and encouraged
Council to move forward. Bill Hodge, 369 Harbor Drive, stated he heard about the projects
earlier this year, thinks the majority of the citizens are not aware of the projects and indicated
concern over a possible recession. John Airis, 300 Monroe Avenue, stated he has been a resident
since 1979 and was not aware of the projects until last week, suggested ways to provide
information to the community, reported the trash from the basketball court at Canaveral City
Park blows into his yard and issues regarding ball field lights. Jeff Zuercher, 8657 Villanova
Drive, commented he has known about the projects since he moved to the City a little over two
years ago, stated the Council communicates with City residents very well and is financially
responsible, described the projects as high quality of life structures and are part of the City
Vision, encouraged Council to keep going and noted the diversity of the community. Peggy
Green, 219 Long Point Road, shared her opinions regarding Council, overbuilding in the City,
issues in her neighborhood and indicated she supported the projects. Community Development
Director Dickey invited Ms. Green to meet and discuss her concerns. Discussion ensued. A
motion was made by Council Member Raymond, seconded by Council Member Randels, to
approve the New Multi-Generational Facility (MGF) and Culture Arts Preservation and
Enrichment (CAPE) Center Design. The motion carried 4-1, with Council Member
Morrison voting against.
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June 19, 2018
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11. Request for City Council to review the City of Cape Canaveral 2018 Community Survey
(69 questions), propose revisions as needed and approve it for circulation by the Community
Engagement Department from Monday, June 25, 2018 through Friday, August 24, 2018. The
survey will be publicized via the City website, Nixle, social media, direct mail and at City
events: City Manager Greene reported Staff received very good ideas from Council Member
Morrison and suggested moving forward unless other Council Members have questions or
concerns. Discussion ensued. A motion was made by Council Member Raymond, seconded
by Council Member Randels, to approve the 2018 Community Survey. City Manager Greene
confirmed Staff would work with Council Member Morrison on his submitted ideas for survey
questions. Community Engagement Director Surprenant provided details and costs of circulation.
The motion carried 5-0.
DISCUSSION:
12. Discussion to consider the ability and willingness to adopt a resolution at a special public
hearing which would grant a waiver for the Jim Rao properties located 315, 317 & 319 Jefferson
Avenue: Mayor Hoog stated the Item was withdrawn.
13. Discussion to consider the exemption of permitting fees in the City Ordinances related to
the installation of Solar Power Generation Equipment such as solar photovoltaic generation
devices and or solar thermal devices: Council Member Morrison explained the Item and
requested Council input. Discussion ensued. In response to the inquiry, City Attorney Garganese
provided information about conflicts of interest and recusal under Florida Law. Attorney
Garganese stated he had not discussed the Item with Council Member Morrison and is not aware
of any issues but recommends individual Council Members bring such items up with him ahead
of time if there could be potential voting conflicts. Council Member Morrison stated that he
would recuse himself should it be necessary. Discussion ensued. City Attorney Garganese stated
City Council would have to adopt a resolution to waive the fees and declare a legitimate
government purpose for doing so. Renee Parker, 108 Joe Place, provided information related to
working for another county in petroleum, air, sustainability and energy, the benefits from the
State initiative to open up solar markets to all, including low-income residents, and solar
permitting. Community Development Director Dickey stated the City has partnered with the East
Central Florida Regional Planning Council to create a resiliency/sustainability plan and
suggested looking at ways to incentivize residents to participate. City Manager Greene stated the
City's Building Department processes are SNAP (Simplified, Nimble, Accelerated Permitting)
Certified, meaning the City meets the criteria for certification in Brevard County with best
practices implemented. Discussion continued. City Manager Greene stated the aforementioned
plan is a State funded grant. Council reached consensus for Staff to continue forward with
the Plan and implement components to benefit residents as discussed, and bring back to
Council.
REPORTS:
Council Member Raymond reported attending various meetings and events including the Florida
League of Cities, Space Coast League of Cities, the Atlantic Intracoastal Waterway/Florida
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June 19, 2018
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Inland Navigation District Meeting, the sixteen hour Institute for Elected Municipal Officials
Basic training with Council Member Morrison; and recited an original limerick.
Council Member Morrison thanked those in attendance for their participation and declared that
Council does care.
Mayor Pro Tem Brown thanked Staff, City Manager Greene, City Attorney Garganese and all
those that work with the City including the Sheriff's Office and Fire Rescue.
Mayor Hoog encouraged more people to attend City Council Meetings to be better informed.
Commander Moros stated the Canaveral Precinct and Community are doing well.
ADJOURNMENT:
There being no further business,the Meeting adjourned at 8:41 PM.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
SEAL of Cape Canaveral, Florida