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HomeMy WebLinkAboutcocc_council_mtg_minutes_20191015CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY October 15, 2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting Morrison 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: Interim City Manager City Attorney Interim City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Economic Development Director Human Resources/Risk Management Director Leisure Services Director Deputy Financial Services Director Deputy Public Works Services Director Infrastructure Maintenance Manager Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Assistant Chief/Fire Marshal to Order at 6:01 PM. Council Member Mia Goforth Anthony Garganese Daniel LeFever John DeLeo Jeff Ratliff David Dickey Molly Thomas Todd Morley Jane Ross Gustavo Vergara Melinda Huser Jim Moore Tim Carlisle Lisa Day Linda Moros Quincy Hines John Cunningham PUBLIC PARTICIPATION: Christian Taylor, 8177 North Atlantic Avenue, voiced opposition to the Zoning Code prohibiting tattoo shops within certain parts of the City, submitted a legal article and petition in support of his argument and encouraged zoning changes and exemptions. Shannon Roberts, 703 Solana Shores Drive, provided information on an upcoming municipal candidates forum hosted by the League of Women Voters of the Space Coast, opposition to the use of stones in streetscape projects, impact of increasing presence of hotels and cruise ships and a request for more advisory boards and workshops. Raymond Osborne, 209 Holman Road, shared concerns regarding campaign signs being removed in the City. City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 2 of 6 Andrew Dodge, 395 Harbor Drive, voiced opposition to the size and cost of the Multi -Generational Facility. Mayor Hoog recommended Mr. Dodge speak with Economic Development Director Morley regarding his concerns. Mark James, 135 Oak Lane, requested to speak regarding Item Nos. 10 and 11. City Attorney Garganese advised Mr. James speak on the Items during Public Participation in case Council does not remove the Items from the table. Mr. James submitted two aerial photos of Oak Lane, discussed a letter from Bernard Lennon submitted at the previous City Council Meeting, urged Council to not consider the letter when making decisions on the Items and referenced the history of conflicting surveys of the properties on Oak Lane. An individual, who did not state his name, referenced a proposed cell tower in the Harbor Heights area and stated Council has authority to deny the application. Gillian Eckhardt, 133 Manny Lane, read a prepared statement in support of tattoo parlors. Robert Carney, 340 Chandler Street, requested a speed hump on Chandler Street between Rosalind and Ridgewood Avenues. ADD -ON ITEMS: Discussion to consider amending the City of Cape Canaveral Parking Regulations; Discussion regarding the City of Cape Canaveral Regulations for Temporary Signs; Discussion on options we have within the limits of FL Law 219-131 regarding telecommunication/wireless facilities; Discussion Item to consider directing the City Attorney to draft an ordinance that would require a unanimous vote by the Council to take action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances (Submitted by Council Member Morrison): City Attorney Garganese advised on the process of voting to add the requested Items to the Agenda. Discussion ensued regarding placement of the Items at the end of the Meeting, voting to add all Items in one motion or individually, time constraints and established deadlines for submitting agenda items. City Attorney Garganese clarified that items not added will appear on the next City Council Meeting Agenda. A motion was made by Council Member Morrison to add all four Items to the Agenda. The motion died for lack of a second. A motion was made by Council Member Raymond, seconded by Council Member Randels, to move Item No. 13 immediately after Item No. 1. The motion passed 5-0. ITEM FOR ACTION: 1. City Manager appointment: Mayor Hoog explained the Item. Stuart Smith, 215 Coral Drive, voiced disagreement with the prior Meeting's vote and concerns of Sunshine Law violations. Andrew Dodge, 395 Harbor Drive, supported City Manager residency requirements and voiced alleged illegality of the prior Meeting's vote. John Price, 161 Majestic Bay Avenue, declined to comment. Oshri Gal, 140 Saint Croix Avenue, Cocoa Beach, stated support for Economic Development Director Morley as a City Manager candidate. Patrick Campbell, 307 Surf Drive, requested more details on the prior City Manager's separation before the City appoints a new City Manager. Raymond Osborne, 209 Holman Road, supported the City Manager either being an internal candidate or live within the City and more research to be done. Sarah Hodge, 369 City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 3 of 6 Coral Drive, commented on the lack of time to review the Item before voting in the last Meeting, restrictions on public input, City Manager residency requirements, opposition to the planned Multi -Generational Facility, City Hall parking issues and opposition to cell towers. Bill Hodge, 369 Coral Drive, stated agreement with Sarah Hodge's concerns. Council discussion ensued and included the prior Meeting's vote to approve David L. Greene's Separation Agreement, the terms of the Agreement compared to the original contract, short timeframe to review the Item prior to the last Meeting, Sunshine violation allegations, statements made in the prior Meeting, State Law requirements, options presented to Council going forward, feasibility, cost and scope of conducting a search for a new City Manager, promoting from within, wants to avoid a rushed decision, four - to -seven year average tenure of a City Manager, Staff recommendation of Economic Development Director Morley and his 18 years' experience with the City, workload of the City Clerk's Office, Interim City Manager Goforth's support of Mr. Morley and a defined time period for an interim City Manager to serve to allow for Council to make an informed, final decision. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Morrison, to appoint Economic Development Director Todd Morley as Interim City Manager for a period of six months unless otherwise determined by Council. The motion passed 5-0. Mayor Hoog declared a ten-minute recess at 7:57 PM and called the Meeting back to Order at 8:08 PM. ITEM FOR DISCUSSION: 13. City Code Section 2-28 — Code of Conduct. (Submitted by Council Member Raymond): Council Member Raymond explained the Item, read sections of the Code of Conduct into the record and discussed the final nature of Council decisions and the City's Visioning and goals. PRESENTATIONS/INTERVIEWS: Interview Applicants for appointment to the Culture and Leisure Services Advisory Board. (Joel Fair and Kathy Parks): City Attorney Garganese confirmed the information in Mr. Fair's application was true and correct. Mr. Fair shared his family's involvement with Space Coast Little League and other Leisure Services functions. Council addressed and thanked Mr. Fair. City Attorney Garganese confirmed the information in Ms. Parks' application was true and correct. Ms. Parks shared her history in the area, her family's enjoyment of City parks and captaining a tennis team in the City. Council addressed and thanked Ms. Parks. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. Council Member Morrison removed Item No. 7. 2. Approve Minutes for September 12, 2019 Special Meeting and September 17, 2019 Regular Meeting. 3. Resolution No. 2019-21; approving a Memorandum of Agreement for Highway Maintenance along State Road Al A with the Florida Depaituient of Transportation; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 4 of 6 4. Resolution No. 2019-23; appointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Joel Fair and Kathy Parks) 5. Resolution No. 2019-24; in support of Florida Senator Debbie Mayfield's efforts to ensure the safety of all passenger rail systems in Florida by encouraging the Governor and Florida Depaitnient of Transportation to fulfill the recommendations within the Office of Public Policy and Government Accountability's Study regarding passenger rail; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 6. Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize execution of Engagement Letter. 7. Approve the Twelfth Addendum to Professional Services Agreement for Fertilization., Insect, Disease, Weed Control and Pest Control Services in the amount of $49,496 with Black's Spray Service, Inc. and authorize the Interim City Manager to execute same. 8. Approve the Fourth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $203,249 with SSS Brevard OPCO, LLC dba Down to Earth — Melbourne and authorize Interim City Manager to execute same. 9. Request to postpone the second reading of 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. (postponed on September 17, 2019) A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item Nos. 2, 3, 4, 5, 6, 8 and 9 on the Consent Agenda. The motion carried 5-0. 7. Discussion ensued regarding environmental concerns and costs associated with chemical herbicide options, including eliminating the use of glyphosate. Mickie Kellum, 8910 Coquina Lane, urged the City to set an example through the use of natural options. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve the addendum as written and for Staff to come back with a revised addendum at the next City Council Regular Meeting. The motion carried 5-0. TABLED ITEMS: 10. 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. (tabled on September 17, 2019): A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to remove Resolution No. 2019-13 from the table. The motion passed 5-0. City Attorney Garganese read the title into the record and explained the Item. Discussion included the history of Oak Lane, ownership transfers, maintenance and establishing the Right -of -Way. A motion was made by Council Member Randels, seconded by City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 5 of 6 Council Member Raymond, to approve Resolution No. 2019-13. Kathryn Seidel, 135 Oak Lane, stated support for both Resolution No. 2019-13 and Ordinance No. 17-2019. Mark James, 135 Oak Lane, discussed the Right -of -Way being fully surveyed for the first time and a positive future for Oak Lane. The motion passed 5-0. 11. 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. (tabled on September 17, 2019): A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to remove Ordinance No. 17-2019 from the table. The motion passed 5-0. City Attorney Garganese read the title into the record and explained the Item. Discussion included mailboxes and other property owner -installed items in the Right -of -Way, notices required if items are ordered to be removed, history of establishing setbacks, similar situations in other jurisdictions resulting in smaller setbacks and issues that can arise with older surveys. Mark James, 135 Oak Lane, discussed his history of property ownership on Oak Lane, survey mistakes and setbacks affecting both new and existing Oak Lane properties. Patrick Lee, 400 Harbor Drive, discussed his history of constructing homes on Oak Lane, survey errors, City Staff actions, efforts to rectify the situation and the nature of correspondence between Bernard Lennon and the City. Alicia Spring, 126 Oak Lane, rebutted Mr. Lee's remarks regarding Mr. Lennon. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to approve Ordinance No. 17-2019 at first reading. The motion passed 5-0. PUBLIC HEARING: 12. Ordinance No.18-2019; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first 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 Mayor Pro Tem Brown, seconded by Council Member Raymond, to approve Ordinance No. 18-2019 at first reading. The motion carried 5-0. ITEM FOR ACTION: 14. Council direction regarding the City -owned, unpaved portion of the Ridgewood Avenue Extension Property: Christopher Block, Attorney representing the Ocean Oaks Condominium Association, discussed the ownership history of the property, original plans for the property no longer possible nor desired, maintenance responsibilities, easements, City options going forward and a request for Ocean Oaks to be involved in and informed of any City actions and/or decision regarding said property. Discussion ensued regarding a natural footpath to the beach owned by the Ocean Woods Condominium Association, the future of public access to the footpath, maintenance responsibilities in regards to paths and drainage, the City and condominium associations partnering in maintenance efforts, individual Council Members confirming a desire to not abandon said property, interest and concerns of Harbor Heights residents, requesting the issue be presented as a land -use matter to the Planning and Zoning Board to provide a recommendation back to City City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 6 of 6 Council and the positive impact the existing footpath provides for residents and children. Mickie Kellum, 8910 Coquina Lane, urged the City to keep the property, make walkable and bikeable improvements and requested motorized vehicles not be allowed to use the path. A Harbor Heights resident, who did not state his name, spoke of the useful, positive nature of the footpath and how it provides a safe option for walking to Cape View Elementary School. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, to send this item to the Planning and Zoning Board for a recommendation, to maintain and not abandon the Ridgewood Avenue Extension property and to respect the two abutting property owners to the best of the City's abilities, including the possibility of public improvements to walkability. The motion passed 5-0. REPORTS: Council Member Raymond discussed giving a speech at Port Canaveral regarding State Road A1A, correspondence with State Representative Tyler Sirois, October Friday Fest and dedication of a mural in the City, a tree planting ceremony sponsored by Fairvilla in honor of the LGBT Community, Space Coast League of Cities scholarship activities and Lagoon priorities and a charity event by Ashley Furniture to give beds and items away to children in need. Council Member Randels stated Disney and Carnival cruise lines also participate in giving away beds and bedding to children in need. Council Member Morrison thanked City Clerk Goforth, Interim City Manager Morley and City Attorney Garganese for their time, efforts and dedication. Mayor Pro Tem Brown echoed Council Member Morrison's sentiments and stated he is looking forward to a new beginning for Council and Staff. Mayor Hoog congratulated Interim City Manager Morley, thanked City Clerk Goforth and discussed meetings with representatives from Taiwan regarding economic investments and activities in the Cape Canaveral/Brevard County area. Interim City Manager Morley thanked the City Directors and Council for their confidence in him and expressed optimism for the future. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:31 PM. ob Hoog, Mayo Daniel LeFeyer; Deputy Lily, Jerk