HomeMy WebLinkAboutcocc_council_mtg_minutes_20190917CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 17, 2019
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:03 PM. Mayor Pro Tem Brown
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Mayor
Council Member
Council Member
Council Member
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
Others Present:
City Attorney
City Clerk
Community Development Director
Community Services Director
Administrative/Financial Services Director
Capital Projects Director
Leisure Services Director
Economic Development Director
Human Resources/Risk Management Director
Deputy Financial Services Director
Executive Assistant to the City Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Canaveral Fire Rescue
Anthony Garganese
Mia Goforth
David Dickey
Joshua Surprenant
John DeLeo
Jeff Ratliff
Gustavo Vergara
Todd Morley
Jane Ross
Melinda Huser
Lisa Day
Linda Moros
Ross Torquato
Dave Sargeant
John Cunningham
ADD -ON ITEM: Consider approving Mutual Separation Agreement with David L. Greene:
Discussion ensued regarding placement of the Add -On Item after the Consent Agenda. A motion
was made by Council Member Randels, seconded by Council Member Morrison, to add the
Item to the Agenda. The motion carried 5-0.
PUBLIC PARTICIPATION: Ray Osborne, 209 Holman Road, discussed improvements in the
City, vulnerability and sustainability, solar energy, historic preservation and City storm
preparations.
Attorney Kim Rezanka, 96 Willard Street, Cocoa FL, indicated she and client, Oshri Gal were
ready to answer questions related to Item No. 7 if needed.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 2 of 5
Katheryn Seidel, 135 Oak Lane, expressed appreciation over solutions the City offers regarding
Oak Lane.
Ray Osborne, 209 Holman Road, inquired how the vulnerability study and solar ready buildings
would factor into the Board of Adjustment process.
Alicia Spring, 126 Oak Lane, discussed Agenda Item No. 2, Resolution No. 2019-13 regarding
Oak Lane and length of time taken by the City to address the matter.
Bernard Lennon, 126 Oak Lane, distributed a letter regarding Agenda Item Nos. 2 and 10 regarding
Oak Lane and requested Council read it before making decisions on those matters.
PRESENTATIONS/INTERVIEWS: Presentation of Proclamation joining the Economic
Development Commission of Florida's Space Coast in celebrating our Military through the "Space
Coast Salutes Our Military" bumper sticker campaign: Mayor Hoog presented the Proclamation
to Economic Development Commission Staff Member Trudy McCarthy and Space Coast Defense
Alliance Task Force representative and City of Titusville Council Member Robert Jordan. Council
Member Jordan addressed and thanked the City Council on behalf of the Military and their families
for the support.
Interview Applicant for appointment to the Board of Adjustment. (John Bond): City Attorney
Garganese confirmed the information in Mr. Bond's application was true and correct. Mr. Bond
shared his work background and history serving the City as a member of the Board of Adjustment
and City Council. Council addressed and thanked Mr. Bond.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Morrison removed Item Nos. 2 and 3.
1. Approve Minutes for August 20, 2019 Budget Workshop and Regular Meeting and August
29, 2019 Special Meeting.
2. Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane
located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing for the
filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant to Section
95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions, severability and
an effective date.
3. Resolution No. 2019-14; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of
Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an
effective date.
4. Resolution No. 2019-15; authorizing an addendum to the Contract for fire protection and
emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 3 of 5
Volunteer Fire Depaltnient, Inc.; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
5. Resolution No. 2019-18; reappointing members to the Library Board of the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective
date. (Larry Holmes and Therese Zyhowski)
6. Resolution No. 2019-20; appointing a Member to the Board of Adjustment of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date. (John Bond
7. Consider approving the Wave Village Development Agreement proposing a mixed -use,
multi -phase Port of Call Facility project on approximately five (5) acres of real property located
at 8801 Astronaut Boulevard and within the A1A Economic Opportunity Overlay District.
A motion was made by Council Member Morrison, seconded by Council Member Raymond,
to approve Item Nos. 1, 4, 5, 6 and 7 on the Consent Agenda. The motion carried 5-0.
#2 Discussion ensued over the letter submitted by Mr. Lennon regarding Oak Lane Agenda
Items and a need for Council to review it. A motion was made by Council Member Morrison,
seconded by Council Member Randels, to table Item No. 2 without discussion. The motion
carried 4-1, with Mayor Hoog voting against.
#3 Discussion ensued regarding staffing levels and the Municipal Law Enforcement Services
addendum to the Agreement for fiscal year 2019-2020. A motion was made by Council Member
Morrison, seconded by Council Member Raymond, to approve Resolution No. 2019-14. The
motion carried 5-0.
A recess period was requested to review the Add -On Agenda Item. City Attorney Garganese
recommended tabling Agenda Item No. 10, Ordinance No. 17-2019, as Resolution No. 2019-13
had been tabled. A motion was made by Mayor Pro Tem Brown, seconded by Council
Member Morrison, to table Item No. 10, Ordinance No. 17-2019, first reading. The motion
carried 5-0. Mayor Hoog called for a ten-minute recess to review the Add -On Item at 6:36 PM,
the Meeting was reconvened at 6:44 PM.
ADD -ON ITEM: Consider approving Mutual Separation Agreement with David L. Greene:
Discussion included the terms of the City Manager's Contract and the Mutual Separation
Agreement between the City and Mr. Greene, receiving the Item on short notice, the meeting
between Mayor Hoog and Mr. Greene on September 16, 2016, preparation of the Mutual
Separation Agreement and Agenda Item by City Attorney Garganese and concerns over the issue.
City Attorney Garganese addressed the concerns and detailed the terms of the Agreement and
preparation of the Item. Patrick Campbell, 307 Surf Drive, expressed his opinion on the Item and
desire to know more. Ray Osborne, 209 Holman Road, expressed the desire to know more about
the Item. Mayor Hoog indicated the Mutual Separation Agreement is necessary and expressed he
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 4 of 5
was not at liberty to provide specific details. A motion was made by Council Member Morrison to
table the Item. The motion died for lack of a second. Discussion ensued on possible outcomes and
consequences of not approving the Item. A motion was made by Council Member Randels,
seconded by Council Member Raymond, to approve the Mutual Separation Agreement
signed by David L. Greene. The motion carried 4-1, with Council Member Morrison voting
against. City Attorney Garganese suggested moving the appointment of an Interim City Manager
to the last item on the Agenda. Mayor Hoog agreed.
PUBLIC HEARING:
8. Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning
Districts; 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 the Item. Discussion ensued and included concern over
principal uses in City Code Sec. 110-381, providing information and definitions for the listed
public facilities such as amphitheaters, community centers and restaurants and how such projects
would require Council approval over any City -owned public property for such facility. City
Attorney Garganese advised Council could make a motion to postpone the Item for second reading.
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to postpone the second reading of Ordinance No. 15-2019 until the next City Council
Meeting. City Attorney Garganese responded to a question from Ray Osborne, 209 Holman Road,
and confirmed that historic or archeological sites is still a principal use under Sec. 110.389. The
motion carried 5-0.
ITEM FOR ACTION:
9. a. Resolution No. 2019-19; adopting a Final Millage Rate for the levy of Ad Valorem
Taxes for Fiscal Year 2019/20 on all taxable property located within the City of Cape Canaveral,
Brevard County, Florida; providing for an effective date: City Attorney Garganese read the title
into the record and summarized the Item. Discussion ensued regarding compliments to Staff and
lowering of taxes. The Public Hearing was opened. There being no comments, the Public Hearing
was closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem
Brown, to adopt Resolution No. 2019-19. The motion carried 5-0.
b. Ordinance No. 16-2019; adopting the Annual General Fund, Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019, and
ending September 30, 2020; providing for an effective date, second reading: City Attorney
Garganese read the title into the record and summarized the Item. Discussion ensued and included
Indian River Lagoon and other Stormwater Improvement projects, the need for more emphasis on
infrastructure such as street lights and sidewalk improvements and other opinions regarding the
Budget. A motion was made by Council Member Randels, seconded by Council Member
Raymond, to adopt Ordinance No. 16-2019 at second reading. The Public Hearing was opened.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 5 of 5
There being no comment, the Public Hearing was closed. The motion carried 4-1, with Council
Member Morrison voting against.
10. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading: (Was tabled earlier
in the meeting.)
Mayor Hoog stated it was time to appoint a City Manager. Discussion ensued and included
confidence in the Staff to manage the City until a City Manager is selected, waiting until next
month to make a selection and a question as to whether the person selected as City Manager tonight
would be eligible to be appointed City Manager later. City Attorney Garganese advised the
position of Interim City Manager be filled, is necessary due to the fact the City of Cape Canaveral
is a Council -Manager form of government per the City Charter, the position requires certain
authority to make administrative and executive decisions and it would not disqualify the person
appointed tonight from being chosen as the City Manager. Discussion continued and included the
qualified and professional nature of the City Directors and recommendations in favor of City Clerk
Goforth and Economic Development Director Morley. Council reached consensus for Staff to
discuss, decide and make a recommendation to City Council for the City Manager position within
the next thirty days. A motion was made by Council Member Morrison, seconded by Mayor
Hoog, to nominate Mia Goforth as Interim City Manager. Ms. Goforth expressed appreciation
in being nominated and agreed to accept the offer for one month. The motion carried 5-0.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:04 PM.
ob Hoog, Mayor
Mia Goforth, -CMG,-Ciiy`Clerk