HomeMy WebLinkAboutcocc_council_mtg_minutes_20190618CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 18, 2019
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Randels
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 Clerk Mia Goforth
Community Development Director David Dickey
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Culture and Leisure Services Director Gustavo Vergara
Human Resources/Risk Management Director Jane Ross
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Alan Confreda
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: Logan Colangelo, representing the Get on Track Campaign,
requested support for the Cocoa Beach Kiwanis campaign to restore the Cocoa Beach Jr./Sr. High
School Minutemen Track. Mayor Hoog indicated the request would be reviewed.
Dennis Schultz, 561 Casa Bella Drive, Unit #305, made reference to an alleged class action suit
against the City regarding hotel projects. Community Development Director Dickey indicated he
was familiar with Mr. Schultz's concerns but unaware of any related lawsuits.
Attorney Kim Rezanka, Cantwell & Goldman, P.A., representing Wave Developments, LLC and
Mr. Oshri Gal, requested City Council direct the City Manager to advertise a public hearing for
Council to consider a Port -of -Call development project, referred to a series of documents handed
out to Council and provided the history of the proposed project. Mayor Hoog indicated the request
would be reviewed.
Patrick Campbell, 307 Surf Drive, pointed out items from The Weekly Update he wanted Council
to consider, including whether sending four Council Members to the same conference is cost-
effective and the need to keep the Code Enforcement Case List current and posted. Discussion
ensued and included the purpose for attending Conferences and other Florida League of Cities
City of Cape Canaveral, Florida
City Council Regular Meeting
June 18, 2019
Page 2 of 4
events, including serving on various policy committees, attending ethics training and other classes
designed to help elected officials.
CONSENT AGENDA: Mayor Hoog inquired if the Item needed to be removed for discussion. It
was not removed.
1. Approve Minutes for May 21, 2019 City Council Regular Meeting.
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown to
approve Item No. 1. The motion carried 5-0.
OLD BUSINESS:
2. Discuss opportunities to allow "Food Trucks" or any other Mobile Food Vendor in the
City limits of Cape Canaveral. (Council Member Morrison) (tabled on May 21, 2019): A motion
was made by Council Member Morrison to remove Item No. 2 from the table for discussion. The
motion died for lack of a second.
3. Discuss the addition of language to our ordinances in Section 2.05 which would give the
City Manager explicit authority to approve correspondence methods and times between selected
City Staff and the City Council. (Council Member Morrison) (Council voted to forgo discussion
on May 21, 2019 due to time.): Council Member Morrison explained the purpose of the Item.
Discussion ensued and included how any changes to Section 2.05 would require a vote of the
residents for approval because it is part of the City Charter. City Attorney Garganese explained
the purpose for Section 2.05, Council Members are part of a governing body that operates
collectively, the provision as it stands comes from model charter language used throughout the
United States and consequences for violation could include removal of a Member from office by
Council. Discussion continued and concluded with no action taken.
PUBLIC HEARINGS:
4. Ordinance No. 10-2019; amending the City Code regarding the payment of impact fees;
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. Discussion ensued and included possible reduction of fees for residential properties
and impact: fees in construction loans as soft costs. The Public Hearing was opened. Patrick
Campbell, 307 Surf Drive, and Dennis Schultz, 561 Casa Bella Drive, Unit #305, both expressed
concerns. The Public Hearing was closed. Discussion continued regarding possible language to be
added to the Ordinance addressing refund processing and splitting fee payments up, advice
provided by City Attorney Garganese that inserting split fee payment language on the fly is
possible but the commencement refund issue is more complicated and cannot be done for this
Ordinance, drafting another ordinance to address the refund issue, consequences of not passing
Ordinance No. 10-2019 now and caution from Administrative/Financial Services Director DeLeo
on possible violation of the City fiscal policy should deferral of impact fees negatively affect City
reserves. A motion was made by Mayor Pro Tem Brown, seconded by Council Member
Raymond, for adoption of Ordinance No. 10-2019 as written, at second reading. The motion
carried 4-1 with Council Member Morrison voting against. Council reached consensus for
Staff to explore a revised impact fee policy to address commercial construction refunds and 50/50
split fees for residential projects.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 18, 2019
Page 3 of 4
5. Ordinance No. 11-2019; regarding Code Enforcement procedures; providing for a Special
Magistrate Code Enforcement process; updating the procedures related to the Criminal Nuisance
Abatement Board authorized by Section 8983.138, Florida Statutes; adopting conforming
amendments; 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, explained in detail how the Ordinance updates the Code
Enforcement Code, streamlines provisions based on statutory changes, case law and technical
changes included within the uncodified and codified portions of the Ordinance. Discussion ensued
and included a draft advertisement that would be published soliciting a special magistrate, which
is a provision of the International Property Maintenance Code Ordinance adopted by Council,
delay of the advertising notice due to pending outcome of Ordinance No. 11-2019, whether a
special magistrate should live in the City or not, estimated contract costs and rates of a special
magistrate, special magistrate hearings success rate in the City of Cocoa Beach, differences
between cases a special magistrate might hear as opposed to a Criminal Nuisance Abatement
Board. The Public Hearing was opened. Patrick Campbell, 307 Surf Drive, expressed opposition
to disbanding the Code Enforcement Board. The Public Hearing was closed. Discussion ensued
regarding support and opposition to the Item. A motion was made by Council Member Randels,
seconded by Council Member Raymond, to adopt Ordinance No. 11-2019 at second reading.
The motion carried 4-1, with Council Member Morrison voting against.
6. Ordinance No. 12-2019; providing for a referendum election and ballot language for an
election to be scheduled by the City Council; providing for an Economic Development Ad
Valorem Tax Exemption pursuant to Section 196.1995, Florida Statutes; providing for
coordination with the Supervisor of Elections; providing for severability and an effective date, first
reading: City Attorney Garganese read the title into the record and explained the item. Discussion
ensued and included the current exemption of a company within the City, Brevard County tax
abatement program, Staff's offer to provide more data to Council and small businesses not offered
the same tax exemptions. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Randels, seconded by Council
Member Raymond, to approve Ordinance No. 12-2019 at first reading. The motion carried
4-1, with Council Member Morrison voting against.
Mayor Hoog called a short recess at 7:51 PM. The Meeting resumed at 7:55 PM.
ITEMS FOR ACTION:
7. Review and Approve: the City Council 2019 Priorities, Projects, Initiatives and 5-Year
Capital Improvement Projects; City Council Strategic Planning Retreat Minutes of March 27,
2019; the Cape Canaveral Vision Statement, Mission Statement and Organizational Values; and
the following projects: Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) -
$5 million; Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million; West
Central/Thurm Boulevard Streetscape - $2.87 million; Central Boulevard Streetscape - $1.2
million; Galactic Pocket Park (Cumberland Farms) - $30,000; Southgate (Wagner) Pocket Park -
$70,000; Long Point Estuary Park - $1.38 million; and Dog Park - $65,000; Intermediate Lift
Station - $355,000; WWTP SCADA System Improvements - $960,000; Rehab Lift Station No. 3
- $320,000; Replace Force Main No. 7 - $340,000; Effluent/Influent Disk/Drum Filters - $1.35
million; Construct Pump and SO2 Buildings - $1.225 million; Rehab Lift Station No. 8 - $380,000;
Relocate Lift Station No. 5 - $475,000; and Center Street Stormwater Park (Land purchase only)
City of Cape Canaveral, Florida
City Council Regular Meeting
June 18, 2019
Page 4 of 4
- $295,000: Mayor Hoog explained the Item. Discussion ensued regarding progress made as a City,
large percentage of the people are happy, moving in the right direction, far ahead in resiliency and
sustainability, Dog Park completed at low cost, several projects help protect the Indian River
Lagoon, real value in the businesses, homes and investments being made, desire to not lose focus
on State Road A1A issues and for an additional law enforcement officer, priority for sidewalks
where it makes sense, praise for the City stormwater system, excitement over Multi -Generational
Facility project for youth in the surrounding area and whether certain portions of the Vision
Statement should be changed or not. A motion was made by Council Member Raymond,
seconded by Mayor Pro Tem Brown, to approve Item No. 7 as written. The motion carried
5-0.
8. City Council designate one (1) City Official to be the Voting Delegate at the 93rd Annual
Florida League of Cities Conference scheduled for August 15-17, 2019 in Orlando, Florida and
decide if it wishes to propose resolution(s) for the League's consideration: Mayor Hoog explained
the Item. A motion was made by Mayor Pro Tem Brown, seconded by Council Member
Randels, designating Council Member Raymond as the Voting Delegate at the Florida
League of Cities Conference. Council Member Raymond accepted and expressed her honor to
serve. The motion carried 5-0.
9. 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, stated Council Member Morrison submitted his evaluation late and City Manager Greene
is not present to speak. Discussion ensued. A motion was made by Council Member Raymond,
seconded by Council Member Randels, to approve an increase in the City Manager base
salary by three percent based upon the Composite Performance Evaluation of the majority
of Council. The motion carried 4-1, with Council Member Morrison voting against.
REPORTS:
Community Services Director Surprenant encouraged Council Members to contact him, City
Manager Greene or Staff with questions related to City projects and timelines.
Mayor Pro Tem Brown thanked Staff, First Responders and expressed he is pleased with the
direction the City is going.
Council Member Raymond reported attendance at the Space Coast League of Cities and Florida
League of Cities events and training, various City -hosted events such as Hurricane Preparedness
Training, Rover's Space opening and Friday Fest and stated the City is moving in the right
direction.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:37 PM.
Mia Goforth, City Clerk, CMC
Bob Hoog, Mayor
Seal of Cape Canaveral, Florida