HomeMy WebLinkAboutcocc_council_mtg_packet_20200317CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
March 17, 2020
6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear
on the agenda and any agenda item that is listed on the agenda for final official action by the City
Council excluding public hearing items which are heard at the public hearing portion of the
meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The Council
may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS/INTERVIEWS
6:15 p.m. — 6:35 p.m.
Interview Applicant for appointment to the Planning and Zoning Board. (Steven Stroud)
Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council
Member Mickie Kellum.
Presentation of Institute for Elected Municipal Officials (IEMO) III Certificate of Completion to
Council Member Angela Raymond.
Mayor Emeritus Rocky Randels Quarterly Report for first period ending March 2020.
CONSENT AGENDA
6:35 p.m. — 6:40 p.m.
1. Approve Minutes for February 18, 2020 Regular Meeting.
2. Resolution No. 2020-06; vacating a portion of an existing utility easement existing
on Lot 1, Key Shore, according to the plat thereof as recorded in Plat Book 31, page
33 of the Public Records of Brevard County, Florida, as more particularly described
herein within the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions, recording, severability and an effective date.
3. Resolution No. 2020-07; appointing a member to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Steven Stroud)
4. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2019.
City of Cape Canaveral, Florida
City Council Meeting
March 17, 2020
Page 2 of 2
5. Approve the addition of one (1) more firefighter to each of the three first responding
vehicles per shift, providing for a total addition of nine (9) members to Canaveral Fire
Rescue (CFR).
6. Approve Amendment No. 1 to Purchase Order No. 18087 to Tetra Tech in the amount of
$79,922 for performance of construction phase engineering services to comply with
Consent Order OGC File No. 18-0916 from Florida Department of Environmental
Protection and authorize Interim City Manager to execute same.
PUBLIC HEARING
6:40 p.m. — 6:45 p.m.
7. Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances;
changing the qualifying period for candidates for the offices of Mayor and City Council to
be consistent with the requirements of the Brevard County Supervisor of Elections;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation
into the Code, severability and an effective date, second reading.
ITEM FOR ACTION
6:45 p.m. — 6:50 p.m.
8. Consideration of Policy Recommendations Regarding the Future Use of the Ridgewood
Avenue Extension Property.
ITEM FOR DISCUSSION
6:50 p.m. — 7:00 p.m.
9. Discuss the City Manager position, as per Council consensus on February 18, 2020, and
take any relevant action as advised by the City Attorney.
REPORTS
7:00 p.m. — 7:10 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Steven Stroud)
Department: Community Development
Summary: Mr. Stroud is employed in the site development industry and has a professional
background in construction estimation, design of fire alarm and fire protection systems. He has
been a resident of the City for over 15 years.
Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve
on a board or committee of the City shall complete interviews with the Board or Committee on
which the person is seeking appointment and with the City Council.
Based on the Applicant's interest and positive recommendation from the Planning and Zoning
Board at its February 19, 2020 meeting, it is recommended Council interview Mr. Stroud.
Submitting Department Director: David Dickey Date: 3/10/2020
Attachments:
1 — Board Application — Steven Stroud
2 — Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action:
Interview Applicant.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
Attachment 1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: Steven Wayne Stroud
2. Home Address: 602 King Neptune Lane Cape Canaveral Fl. 32930
3. Home and Cellular Telephone: 321-408-0914
4. Occupation: Estimator, Design of Fire Protection & Fire Alarm System, Low Voltage Systems, & Site Development
5. Business Telephone: 407-816-9101
6. Business Address: 6817 N. Orange Blossom Trail Orlando, Fl. 32810
7. E-Mail: flyyaker@earthlink.net
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) X (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) X (N)
3a. Are you a Business owner:
(Y) (N) X
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
4b. If yes to 4a, have your civil rights been restored?
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
(Y) (N) X
(Y) (N)
(Y) (N) X
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
Initials
(Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) X
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
This is an opportunity to invest in the community that my wife and I have lived in for almost
15 years, learn more about about the past development, and participate in its future.
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board
c. Code Enforcement Board*
d. Community Appearance Board
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. 1 Planning and Zoning Board*
Other:
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
None at this time
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
Past experience as an inspector of water based fire protection, fire alarm systems,
suppression systems, project management, and most recently site development.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE
X
GENDER
African -American X Male
Asian -American Female
Hispanic -American Not Known
Native -American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk' Office at (321 868-1220 ext. 221.
Signature:
Please return to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
Date: 12/26/2019
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 2
City of Cape Canaveral Community Development
100 Polk Avenue
P.O. Box 326
Cape Canaveral, FL 32920
321-868-1220
Memo
TO: Cape Canaveral City Council
FROM: David Dickey, Community Development Director`
DATE: February 21, 2020
RE: Recommendation to the City Council — Planning and Zoning Board Applicant
Steven Stroud
At its February 19, 2020 Planning and Zoning Board meeting, the Board interviewed Steven
Stroud to fill a vacancy. Based on Mr. Stroud's background and professional experience, the
Board unanimously recommended the vacancy be filled by Mr. Stroud.
Please let me know if you have any questions. Thank you.
Xc: Todd Morley, Interim City Manager
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion
to Council Member Mickie Kellum.
Department: Legislative
Summary: The Florida League of Cities and Florida State University's John Scott Dailey Florida
Institute of Government have designed an intensive academic program called the Institute for
Elected Municipal Officials (IEMO). IEMO is a 3-day program which includes curriculum that assists
officials in effectively meeting the requirements of their elected role and offers a comprehensive
overview of Florida municipal government:
• Structure and Functions of Municipal Government in Florida
• How to Be an Effective Council Member
• Taxes and Other Sources of Revenue
• Budgeting and Accounting
• Understanding the Relationships Among Governments in Florida
• Florida Ethics Law and Understanding "Government -in -the -Sunshine"
Mickie Kellum took her Oath of Office on November 19, 2019 after winning the City's November 5,
2019 Municipal Election to serve as a Council Member for a term of three years. As is customary for
newly elected officials in Cape Canaveral, she was scheduled to attend an IEMO class and completed
18 hours of instruction at the 2020 IEMO held January 10-12, 2020 in Jacksonville, Florida.
On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities,
Mayor Bob Hoog will present Council Member Kellum the IEMO Certificates of Completion.
Submitting Council Member: Mayor Hoog Date: 3/10/2020
Attachments: FLC Letter and Certificate to Council Member Kellum
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action:
Present the IEMO Certificate of Completion to Council Member Mickie Kellum.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
FLC
UNIVERSITY
February 7, 2020
Councilmember Maria Kellum
PO Box 326
Cape Canaveral FL 32920-0326
The Honorable Maria Kellum,
On behalf of the Florida League of Cities and the John Scott Dailey Florida Institute, I am pleased to
award this certificate to you for the completion of eighteen hours of instruction at the Institute for
Elected Municipal Officials in Jacksonville, Florida on January 10-12, 2020.
It is our sincere hope that you found the program challenging and worthwhile. Now that you have taken
the basic IEMO, we encourage you to attend the Advanced Institute offered, annually. We also
encourage you take advantage of other training opportunities through FLC University. You can find
dates and locations at https://www.floridaleagueofcities.com/.
We strongly believe that your attendance at the Institute is indicative of your continued commitment to
improving the quality of municipal government in Florida. If we may be of assistance in the future,
please do not hesitate to call upon us. We hope to see you at future FLC events, very soon!
Sincerely,
Lynn S. Tipton
Director, FLC University
Florida League of Cities
Enclosure
LOCAL
VOICES
MAKING
LOCAL
CHOICES
P.O. Box 538135
Orlando, Florida 32853-8135
OPhone: (407) 425-9142 . flcities.com
Fax: (407) 425-9378
(Certificate)
Institute
for Elected
Municipal
Officials
Certificate of Completion
January 10-12, 2020 • Jacksonville, Florida
Awarded to
Councilmember Maria Kellum
Cape Canaveral
Sponsored by
Executive Director
Florida League of Cities
Executive Director
Florida Institute of Government
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation of Institute for Elected Municipal Officials (IEMO) III Certificate of Completion
to Council Member Angela Raymond.
Department: Legislative
Summary: The Florida League of Cities and Florida State University's John Scott Dailey Florida
Institute of Government have designed an intensive academic program called the Institute for
Elected Municipal Officials (IEMO).
For elected officials that have already completed both the Standard and Advanced IEMO courses,
a third course is made available, titled "IEMO III: The Leadership Challenge". IEMO III is focused
entirely on leadership and revolves around assessment that details an elected official's ability to
connect and work effectively with others.
After winning the City's November 7, 2017 Municipal Election to serve as a Council Member, Angela
Raymond attended her first IEMO course in June 2018 and the Advanced IEMO course in April 2019.
In continuance of Council Member Raymond's commitment to her role on City Council, she
attended IEMO III on March 6-7, 2020 in Altamonte Springs, Florida.
On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities,
Mayor Bob Hoog will present Council Member Kellum the IEMO Certificates of Completion.
Submitting Council Member: Mayor Hoog / Date: 3/10/2020
Attachments: FLC Letter and Certificate to Council Member Raymond
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action:
Present the IEMO III Certificate of Completion to Council Member Angela Raymond.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
FLC
UNIVERSITY
March 7, 2020
Dear Councilmember Angela Raymond,
On behalf of FLC University, I am pleased to award this certificate to you for the completion of the IEMO III:
The Leadership Challenge held March 6-7 in Altamonte Springs, Florida.
We hope that you found the program challenging and worthwhile, and that it builds upon your leadership skill
sets. We encourage you to take advantage of other training opportunities through FLCU — and hope you will
let us know if we can bring training to your city or region. We strongly believe that your attendance at the
IEMO III is indicative of your continued commitment to improving the quality of municipal government in
Florida. If we may be of assistance in the future, please do not hesitate to call upon us.
You are now eligible for IEMO IV, which builds on your personal leadership skills. It is held in conjunction with
the FLC Legislative Conference, which for 2020 will be at the Rosen Shingle Creek Hotel in Kissimmee, Nov. 13-
14. It will begin at 11:30 a.m. (or at the conclusion of Legislative Conference's final session) and will end
Saturday afternoon at approximately 3:30 p.m. We'll send you a personal invitation once registration opens in
September.
Thank you for your continuing dedication to your city, to public service, and to the future of Florida. We hope
to see you at future FLC and FLC University events.
NOTE: Please submit this cover letter and certificate to your clerk to be placed on the agenda,
read into the record and presented to you, officially, at the next meeting of your elected body.
Sincerely,
Lynn Tipton
Director, FLC University
Florida League of Cities, Inc.
407.367-4025
Itipton@flcities.com
LOCAL
VOICES
MAKING
LOCAL
CHOICES
P.O. Box 538135 a Phone: (407) 425-9142
Orlando, Florida 32853-8135 Fax: (407) 425-9378
flcities.com
(Certificate)
FLC
UNIVERSITY
CERTIFICATE OF COMPLETION
Institute for Elected Municipal Officials III:
The Leadership Challenge
March 6 — 7, 2020 • Altamonte Springs, Florida
Awarded to
Councilmember Angela Raymond
Cape Canaveral
Strengthening Expertise for the Cities We Serve
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Mayor Emeritus Rocky Randels Quarterly Report for first period ending March 2020.
Department: City Clerk's Office
Summary: At the Regular City Council Meeting of December 17, 2019, Council appointed Rocky
Randels as Mayor Emeritus of the City by adoption of Resolution No. 2019-25.
A duty of this official and honorary title is to serve as an Advocate and "good will" Ambassador for
the City in a voluntary capacity.
Mayor Emeritus Randels will provide a five-minute report to the City Council summarizing City
related activities for the first quarter of his ambassadorship.
Submitting Department Director: Mia Goforth Date: 3/10/2020
Attachment: None.
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action: Receive Report.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
Item No. 1
CAPE CANAVERAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 18, 2020
6:00 PM
DRAFT MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Mickie Kellum
Council Member Wes Morrison
Council Member Angela Raymond
Others Present:
Interim City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Cultural and Community Affairs Director Molly Thomas
Leisure Services Director Gustavo Vergara
Public Works Services Director Jim Moore
HR/Risk Management Director Melissa Huser
Deputy City Clerk Daniel LeFever
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Andrew Walters
Brevard County Sheriff's Office Lieutenant Joanna Seigel
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: Tony Divito, resident, shared information regarding the donation of a
bike rack to Cherie Down Park. Council thanked Mr. Divito for his participation in the project.
Art Berger, resident, property/business owner and former Council Member, expressed support for
hiring Interim City Manager Morley as City Manager of Cape Canaveral. Council thanked Mr.
Berger.
Ryan and Morgan Hamby, residents, submitted a signed Petition to Slow Traffic Along Madison
Ave., to protect the safety of the community, proposing the placement of a four-way stop sign at
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City Council Meeting Minutes
February 18, 2020
Page 2 of 5
the intersection of Madison and Magnolia Avenues or speed humps for the 300 and 400 blocks
of Madison Avenue. Discussion ensued and included the law enforcement speedometer and its
effectiveness while in operation, whether alternative methods are available, the City's awareness
of the issue and a promise to work on the problem. Mayor Hoog and thanked the Hambys.
PRESENTATIONS/INTERVIEWS: Presentation of Proclamation to staff, volunteers and board
members of the Cape Canaveral Public Library, recognizing the importance of libraries in our
Community and declaring February to be National Library Lovers' Month in the City of Cape
Canaveral: Cultural and Community Affairs Director Thomas invited members of the Cape
Canaveral Public Library staff, volunteers and board to join her in front of the dais while she read
the Proclamation. Council thanked Staff and everyone in attendance.
Presentation of Proclamation declaring March 2020 as Problem Gambling Awareness Month to
Florida Council on Compulsive Gambling Board President David Griffin: Mayor Pro Tem Brown
read and presented the Proclamation to Board President David Griffin. Council thanked Mr. Griffin.
Presentation by AARP Florida, Associate State Director of Advocacy & Outreach Ingrid Collins
regarding the City of Cape Canaveral's membership in the AARP Network of Age -Friendly States
and Communities Program and its role in the City's sustainability and resiliency initiatives: Director
Collins made the presentation and thanked Staff for going above and beyond with the City's
Action Plan. The AARP Network of Age -Friendly States and Communities Certificate was presented
to Staff and City Council.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2019 — Presentation by Zach Chalifour, James Moore & Co: Certified
Public Accountant Doug Gillikin made the presentation to City Council. Council thanked Staff and
the auditors.
Interview Applicant for appointment to the Planning and Zoning Board. (Ann [Nancy]
Gentilquore): City Attorney Garganese confirmed the information contained in Ms. Gentilquore's
application to be true and correct. Ms. Gentilquore provided her background and reasons for her
desire to serve. Council thanked Ms. Gentilquore.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Morrison removed Item 7.
1. Approve Minutes for January 21, 2020 Regular Meeting
2. Resolution No. 2020-02; approving request for funding assistance under the Florida Inland
Navigation District Waterway Assistance Program for construction of an environmental education
boardwalk and kayak/canoe dock at the future Long Point Estuary Park; providing for the repeal
of prior inconsistent resolutions, severability and an effective date.
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City of Cape Canaveral, Florida
City Council Meeting Minutes
February 18, 2020
Page 3 of 5
3. Resolution No. 2020-03; authorizing joining the Florida Hate Crime Coalition; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
4. Resolution No. 2020-04; appointing a member to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Ann [Nancy] Gentilquore)
5. Resolution No. 2020-05; approving the First Amendment to the State of Florida
Department of Transportation Restated Interlocal Agreement for creation of the Transportation
Planning Organization; providing for the repeal of prior inconsistent resolutions, severability and
an effective date.
6. Approve Interlocal Agreement with City of Cocoa for funding potable water line design,
permitting, bidding and construction as part of the Thurm Boulevard Streetscape Project and
authorize the Mayor to execute same.
7. Award the Bid for Mowing and Landscaping Maintenance to U.S. Lawns of Rockledge,
Florida in the amount of $190,043.00 and authorize Interim City Manager to execute Mowing and
Landscaping Agreement for same.
A motion was made by Council Member Morrison, seconded by Council Member Raymond, to
approve Item Nos. 1 through 6 on the Consent Agenda. The motion carried 5-0.
Item 7. Discussion ensued and included concerns over the Bid award amount, ideas to offset
costs, pros and cons of going forward with the Agreement or pursuing other measures such as
in-house mowing and landscaping, the Bid process, pros and cons of using a correctional inmate
crew and hiring additional employees for in-house services, how the City and other municipalities
use the Florida Department of Corrections Work Squad, contract can always be adjusted, thirty -
day notice provision in the contract and palm tree trimming is conducted by the City as well as
the outside contractor. A motion was made by Council Member Morrison, seconded by Council
Member Kellum, to award the Bid to U.S. Lawns of Rocledge, as written. The motion carried 5-0.
PUBLIC HEARINGS:
8. Ordinance No. 01-2020; amending the City Code to establish locational, design and
operational requirements for self-service storage facilities within the City; adopting conforming
amendments to the Zoning Code including revising definitions and existing storage regulations;
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 the Council approved revisions since the last City Council Meeting.
Discussion ensued and included pros and cons of allowing these types of buildings on Center
Street and other areas of the City, special exceptions and the Economic Opportunity Overlay
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City of Cape Canaveral, Florida
City Council Meeting Minutes
February 18, 2020
Page 4 of 5
District. The Public Hearing was opened. Garrett Lane, resident, spoke in favor of the Ordinance
and shared personal experiences of living near self -storage facilities. The Public Hearing was
closed. Interim City Manager Morley clarified that a motion to adopt would be in support of design
criteria of self-service storage facilities and operational requirements in the M-1 zoning district as
written, confirmed existing structures would now be considered non -conforming and, if
destroyed, could only be re -built in compliance with the design standards within the Ordinance
and made reference to a section of the Code that addresses all manner of non -conformities. A
motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt
Ordinance No. 01-2020, as written, at second reading. The motion carried 4-1, with Mayor Pro Tem
Brown voting against.
9. Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances;
changing the qualifying period for candidates for the offices of Mayor and City Council to be
consistent with the requirements of the Brevard County Supervisor of Elections; 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. Brief discussion ensued regarding the ten day period. The Public Hearing was
opened. There being no comment, the Public Hearing was closed. A motion was made by Council
Member Kellum, seconded by Council Member Raymond, to approve Ordinance No. 02-2020 at
first reading. The motion carried 5-0.
REPORTS: A motion was made by Council Member Kellum to hire Interim City Manager Morley as
the official City Manager and requested Council discuss the measure. Discussion ensued and
included a desire to stay within the six-month schedule previously set by Council. City Attorney
Garganese explained the Motion made by Council Member Kellum should be treated as a request
to discuss hiring Interim City Manager as the permanent City Manager, Council may discuss any
subject under Reports, advised a contract needs to be prepared if Council decided to go in the
direction of hiring Mr. Morley and be presented at a subsequent City Council Meeting for final
consideration. Discussion continued on the need to discuss the issue before the Council Retreat,
public awareness, Mr. Morley's abilities, accomplishments and his resume. Council reached
consensus to schedule discussion of the City Manager position at its March 17, 2020 Regular City
Council Meeting. Interim City Manager Morley expressed thanks.
Council Member Kellum discussed planting Sea Oats, a Space Coast League of Cities Meeting, City
Hall Open House, Coffee with the City Manager, thanks to and pride for the City and Staff, and
the on February 15, 2020 event at the VFW and upcoming Brainstorming Session on February 24,
2020 at City Hall regarding Veterans Memorial Park with the assistance of Staff.
Council Member Raymond discussed a recent trip to Israel and Jordan, Space Coast
Transportation Planning Organization presentation at Cocoa City Hall, the Central Brevard Art
Association Show at the Cape Canaveral Library on February 11, 2020, City Hall Open House, Staff's
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City of Cape Canaveral, Florida
City Council Meeting Minutes
February 18, 2020
Page 5 of 5
excellent work on the recently published State of the City and hopes for the Japan travel grant to
be successful.
Council Member Morrison discussed the VFW Brainstorm Session regarding Veterans Memorial
Park, Friday Fest, State of the City and expressed thanks to Staff and first responders.
Mayor Pro Tem Brown discussed the Mayors' Fitness Challenge with the City in First Place,
expressed thanks to the City for efforts in assisting the Parent -Teachers Organization and Little
League Baseball fundraising, asked that everyone keep the family of Florida Highway Trooper
Joseph Bullock in their thoughts and thanked Staff and first responders.
Mayor Hoog discussed the success of Sea Oats planting, Central Brevard Art Association Art Show
and stated lots of good things are going to happen this year in the City.
Interim City Manager Morley discussed the Request for Qualifications (RFQ) for the Multi -
Generational Facility and Culture Arts Preservation and Enrichment (CAPE) Center scheduled for
advertisement on February 27, 2020, upcoming Founders' Day celebration at Manatee Sanctuary
Park on February 29, 2020 starting at 10:00 a.m. and his planned attendance at the 2020 ICMA
Regional Conference in Durham, North Carolina. Interim City Manager Morley stated Staff will
reach out to Mr. and Mrs. Hamby regarding what the City has planned in response to their
submitted Petition .
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:54 PM.
Bob Hoog, Mayor
Mia Goforth, City Clerk
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 2
Subject: Resolution No. 2020-06; vacating a portion of an existing utility easement existing on Lot
1, Key Shore, according to the plat thereof as recorded in Plat Book 31, page 33 of the Public
Records of Brevard County, Florida, as more particularly described herein within the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, recording, severability and an
effective date.
Department: Community Development
Summary: John Kristmann, owner of property with an address of 299 Chandler Street (Attachment
1), has requested the City vacate a portion of an existing City utility easement to allow for a 264
square foot screen room proposed to be added onto his residence.
The subject parcel is uniquely situated in that it has street frontage on three (3) sides (north, west
and east), resulting a significantly reduced building envelope once building setbacks are applied.
Furthermore, a City Utility Easement lies immediately east of the residential structure, further
reducing the buildable area. Permanent structures, such as the proposed screen room, are
prohibited in an easement of this nature.
In order to allow for the proposed addition, a portion of the City Utility Easement must be vacated.
To this end, the City Attorney's Office has prepared Resolution No. 2020-06 (Attachment 2). The
subject vacation has been reviewed by the Public Works Services Department and City Engineer
(Attachments 3 and 4), both of which have no objections to the request. There are no public utilities
in the area proposed to be vacated.
The proposed vacation will not effect in any way the remaining property covered by the utility
easement, which shall remain in full force and effect. If adopted, Staff will record Resolution No.
2020-06 in the Official Records of Brevard County.
Submitting Department Director: David Dickey Date: 3/10/2020
Attachments:
1 - Aerial Map
2 - Resolution No. 2020-06 w/Exhibit "A"
3 - Public Works Services Department Approval Memo
4 - City Engineer Approval Memo
Financial Impact: Staff time and effort to prepare Agenda Item; cost of recordation.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
The Interim City Manager recommends that City Council take the following action:
Adopt Resolution No. 2020-06.
Approved by Interim City Manager: Todd Morley Date: 3/10/2020
Attachment 1
Aerial Map - 299 Chandler Street
Attachment 2
RESOLUTION NO. 2020-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; VACATING A PORTION OF AN
EXISTING UTILITY EASEMENT EXISTING ON LOT 1, KEY SHORE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 31, PAGE 33 OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED
HEREIN WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
RECORDING, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has been asked to consider
vacating a portion of an existing utility easement on Lot 1, Key Shore, according to the Plat thereof
as recorded in Plat Book 31, Page 33 of the Public Records of Brevard County, Florida, as more
particularly described in the legal description and sketch prepared by Kugelmann Land Surveying,
Inc., dated February 10, 2020, which is attached hereto and fully incorporated herein as
Exhibit "A";
WHEREAS, this Resolution was adopted pursuant to the Florida Municipal Home Rule
Powers Act; and
WHEREAS, based on an evaluation of City Staff, the City of Cape Canaveral and other
public utilities do not currently use, nor have any plans to use, the portion of said existing
easement for utilities purposes; and
WHEREAS, to the best of the City's knowledge, no other public utilities are currently
utilizing the area subject to this vacation for public utilities purposes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
this Resolution is in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings of the City Council of Cape Canaveral.
Section 2. Vacation of Portion of Existing Easement. The City Council of the City
of Cape Canaveral hereby vacates a portion of an existing utility easement on Lot 1, Key Shore,
according to the Plat thereof as recorded in Plat Book 31, Page 33 of the Public Records of Brevard
County, Florida, as more particularly described and depicted in the legal description and sketch
City of Cape Canaveral
Resolution No. 2020-06
Page 1 of 2
prepared by Kugelmann Land Surveying, Inc., dated February 10, 2020, which is attached hereto
and fully incorporated herein as Exhibit "A". This vacation of easement rights shall not effect
in any way whatsoever the remaining property covered by said utility easement, which shall
remain subject to the utility easement and which shall remain in full force and effect until
expressly vacated by the City of Cape Canaveral by a legal instrument duly approved by the City
Council and recorded in the Official Public Records of Brevard County, Florida.
Section 3. City Clerk to Record. Following adoption of this Resolution, this
Resolution shall be recorded by the City Clerk in the Official Records for Brevard County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All other prior inconsistent
resolutions adopted by the City Council are hereby repealed.
Section 5. Severability. If any section, clause, phrase, word, or provision is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural reasons, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions of
this resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida, and recorded pursuant to
Section 3 of this Resolution.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 17th day of March, 2020.
Bob Hoog, Mayor
ATTEST:
Mia Goforth, CMC
City Clerk
For Against
Mike Brown
Robert Hoog
Mickie Kellum
Angela Raymond
Approved as to legal form and sufficiency Wes Morrison
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2020-06
Page 2 of 2
RESOLUTION NO. 2020-06
EXHIBIT"A"
SHEET 1 OF 2
NOT VALID WITHOUT THE
SKETCH OF SHEET 2 OF 2
LEGAL DESCRIPTION
SECTION 14. TOWNSHIP 24 SOUTH. RANGE 37 EAST.
PARENT PARCEL ID NUMBER: 21-37-14-62-*-1
PURPOSE OF SURVEY: VACATE EASEMENT
LEGAL DESCRIPTION: BY SURVEYOR
A PORTION OF LOT 1, KEY SHORE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,
PAGE 33 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE 590°00'00"W ALONG THE SOUTH LINE
OF SAID LOT 1. A DISTANCE OF 13.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
590°00'00"W ALONG SAID SOUTH LINE, A DISTANCE OF 12.00 FEET TO THE WEST LINE OF THE
UTILITY EASEMENT; THENCE N00°10'21"W ALONG THE SAID WEST LINE. A DISTANCE OF 22.00 FEET:
THENCE N90°00'00"E, A DISTANCE OF 12.00 FEET; THENCE SOO°10'21"E. A DISTANCE OF 22.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 264 SQUARE FEET MORE OR LESS AND SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY.
SURVEYOR'S NOTES:
1. THIS IS NOT A BOUNDARY SURVEY.
2. BEARINGS DEPICTED HEREON ARE PLAT BEARINGS AND ARE BASED ON THE SOUTH LINE OF
LOT 1, KEY SHORE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31.
PAGE 33 OE THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA.
3. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH.
4. SKETCH DOES NOT WARRENT TITLE.
5. THIS SKETCH WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S) SHOWN HEREON; COPIES
ARE VALID ONLY WHEN SIGNED, DATED AND EMBROSSED WITH THE SURVEYOR'S SEAL. _
MAP OF LEGAL DESCRIPTION PREPARED FOR AND CERTIFIED TO:
CITY OF CAPE CANAVERAL. FLORIDA
DAVID-Al. KUGEL NN., PLS7A0. 5117
NOT-VAOD UNLESS SIGNED AND SEALED
KUGELMANN LAND SURVEYING, INEiS.
30 NORTH TROPICAL TRAIL, SUITE B
MERRITT ISLAND. FLORIDA 32953
L.B. NO. 6575 - PHONE (321) 459--0930
DRAWN BY: DJK
CHECKED BY: KKW
DRAWING NO.
2020012VACATE.DGN
SECTION 14
TOWNSHIP 24 SOUTH
DATE: 2/08/2020
SHEET 1 OF 2
REVISIONS
RANGE 37 EAST
SHEET 2 OF 2
NOT VALID WITHOUT THE LEGAL
DESCRIPTION ON SHEET 1 OF 2
SKETCH OF DESCRIPTION
SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST.
PARENT PARCEL ID NUMBER: 24-37-14-62-*-1
PURPOSE OF SURVEY: VACATE EASEMENT
DELTA: 61°01'10"
RADIUS: 67.28'
ARC: 71.65'
CHANDLER STREET
N90°00'00"E 41.67'
DELTA: 61' 01' 10"
RADIUS: 67.28'
ARC: 71.65'
DELTA: 88' 52' 06"
RADIUS: 25.00'
ARC: 38.78'
LOT 1, KEY SHORE
WEST LINE OF UTILITY EASEMENT
N00' 10' 21" W
22.00'
VACATED PORTION OF ESMT 264 SQ FT
S00' 10'21" E
22.00'
EASEMENT
S01' 07' 54" E
16.66'
N28' 58'47'E
7.40'
SOUTH LINE OF LOT 1
POINT-OF-
COMMENCEMENT
SE CORNER OF
LOT 1
S90'00'00" W 129.43'
(BASIS OF BEARINGS)
S90'00'0" W
12.00'
POINT- OF- BEGINNING
RADIUS: 25.00'
ARC: 38.78'
N90"00'00"E
12.00'
VACATED
PORTION
OF ESMT
264
SO FT
590'00'00"W 129.43' (BASIS OF BEARINGS)
LOT 2, KEY SHORE
ABBREVIATIONS:
ESMT EASEMENT
50 SQUARE
FT FEET
GRAPHIC SCALE
40
S90'00'00"w
12.00'
POINT -OF -BEGINNING
t
S90°00'00"W
13.32'
z
W
w
1>
w
D
POINT -OF -
COMMENCEMENT
SE CORNER OF
LOT 1
ROSALIND
0 20
( IN FEET )
1 INCH = 40 FEET
SECTION 14 TCWN5HIP 24 SOUTH, RANGE 37 EAST
PROJECT NO. 2020012
PREPARED BY:' DAVID J. KUGELMANN, PLS
Attachment 3
Public Works Services
Memo
TO: Dave Dickey
FROM: Jim Moore, Director of Public Works Services
DATE: March 9, 2020
RE: Vacate Easement — 299 Chandler Drive
Public Works Services (PWS) has no utilities located within the area requested to
be vacated.
Public Works has no comments and is giving its approval to vacate the utility
easement located at 299 Chandler Drive.
Attachment 4
JOHN A. PEKAR, P.E., LLC
Civil Engineering/Consulting
102 Columbia Drive
Suite 207
Cape Canaveral, FL 32920
Office Phone: 321-613-2959
Cell Phone: 321-288-1040
johnpekarpe@grnail.com
Roni Flowe roniflowe@gmail.com
Office Manager Cell Phone: 321-403-9899
March 10, 2020
TO: David Dickey
FROM: John Pekar, PE
SUBJECT: 299 Chandler Street — Easement Vacation
As discussed, this is an unusual piece of property and the easement is not being used. We
recommend approval of vacating this easement.
Sincerely,
John A. Pekar, P.E.
JAP:rmf
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 3
Subject: Resolution No. 2020-07; appointing a member to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Steven Stroud)
Department: City Clerk's Office
Summary: At its February 19, 2020 Meeting, the Planning and Zoning (P&Z) Board interviewed
Steven Stroud to fill a vacancy and voted to recommend him for appointment.
Mr. Stroud will be filling the remainder of an existing, unexpired term that will end September 15,
2021.
Following completion of this term, Mr. Stroud will be eligible for reappointment to the P&Z Board,
consistent with the limitations set forth in Section 2 171(f), City Code.
It is now incumbent upon City Council to appoint a member to the P&Z Board.
Submitting Department Director: Mia Goforth Date: 3/10/2020
Attachment: Resolution No. 2020-07
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action:
Adopt Resolution No. 2020-07.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
RESOLUTION NO. 2020-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE PLANNING
AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §2-256
established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a member to the Planning and Zoning Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment. Pursuant to City Code §2-171(f), the City Council of the City of Cape
Canaveral hereby appoints the following individual to the Planning and Zoning Board:
Steven Stroud shall be appointed to an existing, unexpired term on the Planning
and Zoning Board, to serve until September 15, 2021.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective upon adoption by the City
Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 17th Day of March, 2020.
[Signature Page follows]
City of Cape Canaveral
Resolution No. 2020-07
Page 1 of 2
ATTEST:
Mia Goforth, CMC,
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2020-07
Page 2 of 2
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 4
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2019.
Department: Financial Services
Summary: At its February 18, 2020 Regular Meeting, Council was provided a Presentation by
representatives from James Moore & Co. regarding their Annual Audit of the City's Financial
Statements for the Fiscal Year ended September 30, 2019. In years past, Council officially voted to
accept an audit after a presentation. However, aside from thanks and appreciation expressed by
Council Members to James Moore & Co. and the City's Financial Services Department at the end of
the Presentation, a vote to accept the Audit did not take place.
In keeping with tradition and formality, Staff recommends City Council officially accept the Audit
either by vote or consensus.
Submitting Department Director: John DeLeo Date: 3/10/2020
Attachments: None
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year
ended September 30, 2019.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 5
Subject: Approve the addition of one (1) more firefighter to each of the three first responding
vehicles per shift, providing for a total addition of nine (9) members to Canaveral Fire Rescue (CFR).
Department: Canaveral Fire Rescue
Summary: CFR operates out of three stations. Two are located at Port Canaveral and one in the
City. The Port South station is responsible for the first run coverage from Central North and the
South side of the Port. All three stations respond together for any fire calls no matter the location.
In 2008, the call volume was 1926 with 1327 in the City 423 in the Port 120 in Avon by the Sea
(unincorporated) and 56 Mutual Aid. In 2019, the call volume was 2781 with 1839 in the City, 733 in
the Port, 131 in Avon by the Sea and 78 Mutual/Auto Aid.
History:
• The City last funded additional members in 2008 when CFR received a Grant from FEMA to add
three (3) more members (one per shift).
• The Port added additional staffing in 2014 when Station 54 opened, adding three (3) more
members (one per shift). The Port continues to pay for these additional three (3) members.
Current Situation:
• National Fire Protection Association (NFPA) 1710 5.2.3.1.1 requires engines be staffed with a
minimum of four (4) on -duty members.
• NFPA 1710 5.2.3.2.1 requires ladder trucks be staffed with a minimum of four (4) on -duty members.
• Current staffing assigned to our engines and ladder is three (3) members.
• CFR has applied for the same FEMA Grant for the last two years and has been turned down both
times.
• During vacation and sick time, the ladder truck Is staffed with three (3) members, but the engines
reduce to two (2) members.
Future:
The new staffing will ensure CFR complies with current requirements and the ladder truck remains
staffed with four (4) members at all times and the engines will have four (4) members, three (3) if
subject to vacation and sick time. Cocoa, Rockledge, Titusville, Melbourne and Brevard County
follow this staffing pattern, with some deviations. CFR will add three (3) members in April, three (3)
in July and the remaining three (3) in October. The addition of these members will increase the
safety of our citizens and firefighters and give us added points for our Insurance Service Office
rating.
A conforming Resolution Contract Addendum will be forwarded to City Council at the April meeting.
Submitting Department Director: David J. Sargeant Date: 3/9/2020
Attachment: FEMA Grant turn -down email
Financial Impact: The total cost to the City of Cape Canaveral (COCC) for FY 19/20 is $82,669;
Total cost to COCC for FY 20/21 is $254,686 funded by the General Fund. These costs are inclusive
covering all gear, pay and benefits and account for 50% of the total required for the new members,
with Port Canaveral covering the other 50%; Staff time and effort to prepare this Agenda Item.
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item No. _5
Page 2 of 2
Reviewed by Administrative/Financial
Services Director:
John DeLeo Date: 3/9/2020
Interim City Manager recommends City Council take the following action: Approve the
addition of one (1) more firefighter to each of the three first responding vehicles per shift, providing
for a total addition of nine (9) members to CCVFD, dba CFR.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
From: firegrants@dhs.aov
To: Dave Sargeant
Subject: Reference: EMW-2018-FH-00142
Date: Tuesday, October 22, 2019 9:49:47 AM
David Sargeant
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT INC.
190 Jackson Ave.
Cape Canaveral , Florida 32920
Reference: EMW-2018-FH-00142
Dear Staffing for Adequate Fire and Emergency Response (SAFER) Applicant:
On behalf of the Federal Emergency Management Agency (FEMA) Grant Programs
Directorate, I wish to thank you for applying for assistance under the Fiscal Year (FY) 2018
Staffing for Adequate Fire and Emergency Response (SAFER) Program. After thorough
review and consideration, we are unable to fund your application. We regret that the news
could not be more positive.
As you are aware, the SAFER Program is among the Department of Homeland Security's
(DHS) and FEMA's most competitive grant programs. In FY 2018, FEMA received over 900
SAFER applications, requesting more than $676 million in federal assistance. The large
number of applications received, and the finite amount of available funding, resulted in many
worthy appli cants not being funded and underscores the highly competitive nature of this
program.
Given the high number of applications received, we are unable to provide a detailed account of
how each individual application was rated in the competitive process. However, we are
hopeful that you will apply again for a FY 2019 SAFER award, and strongly encourage you to
do so. Resources will be available online to assist applicants with the preparation of a
competitive application. The resources, along with the FY 2019 SAFER Notice of Funding
Opportunity, will be available in early 2020 on the AFGP grant web site
www.fema.gov/firegrants.
Your interest in the SAFER Grant Program reminds us that America's fire service
organizations continue to have great need for support. FEMA and DHS will continue to work
closely with and support the Nation's first responders and their vital work. Thank you again
for your dedication and commitment.
& nbsp Regards,
Kerry L. Thomas
Director
Preparedness Grant Division
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 6
Subject: Approve Amendment No. 1 to Purchase Order No. 18087 to Tetra Tech in the amount of
$79,922 for performance of construction phase engineering services to comply with Consent Order
OGC File No. 18-0916 from Florida Department of Environmental Protection and authorize Interim
City Manager to execute same.
Department: Capital Projects
Summary: In 2017, the City was severely impacted by Hurricane Irma as well as an unnamed storm
that included over 10 inches of rain. These storms caused excessive inflow to the City's Wastewater
Reclamation Facility (WRF) which is permitted to process a maximum of 1.8 million gallons per day
(gpd). During/after Hurricane Irma and the unnamed storm, the WRF experienced inflow of over
4.0 million gpd, which included significant illicit discharges (i.e., contaminants) from throughout the
City. Such large inflows impacted the effectiveness of the wastewater treatment process for an
extended period of time resulting in Florida Department of Environmental Protection (FDEP) permit
exceedances of both total nitrogen (TN) and total phosphorous (TP) in treated effluent. Due to
these permit exceedances, FDEP issued Consent Order, Office of General Counsel ("OGC") No. 18-
0916. City Council adopted Resolution No. 2018-08 at its July 17, 2018 Regular Meeting, authorizing
the City Manager to execute the Consent Order with FDEP.
WRF Process Evaluation: To comply with the Consent Order, the City's consultant (Tetra Tech)
conducted a process evaluation of the WRF and issued a Process Evaluation Report identifying
corrective measures to be undertaken. FDEP subsequently reviewed and approved the report as
written without comment. Since it was unknown at the outset of the Consent Order activities what
tasks FDEP would require and what Tetra Tech's evaluation would reveal in regards to actionable
items, Tetra Tech's fee for completion of the process evaluation (Purchase Order No. 18087) did not
include costs for construction phase engineering services. Therefore, Tetra Tech will require funds
in the amount of $79,922 to assist the City in the construction phase of the project. Carr and Collier,
Inc.,was recently awarded the work to construct the WRF improvements;work is scheduled to begin
in April 2020. A copy of Tetra Tech's scope of services and quote for performance of construction
phase engineering services is attached.
WRF Improvements: Based upon the findings of the Process Evaluation report, the City is required
to implement the following corrective actions (current status also provided):
Item Status
Implement a more frequent influent sampling and
monitoring plan. Complete
Increase sampling frequency during periods of discharge
to the Banana River. Complete
Distribute questionnaires to commercial customers to
identify potential significant industrial users. Complete
Remove grit that accumulated in treatment basins to
regain treatment volume. Complete— grant
funded task
City of Cape Canaveral
City Council Meeting — March 17, 2020
Agenda Item No. 6
Page 2 of 2
Install various nutrient probes to identify the onset of
high nutrient and discharge events. In progress
Install variable frequency drives (VFDs) and flow meter at
the internal recycle pumps. In progress
Replace RAS flow meter. In progress
Install permanent carbon feed system. In progress
Replace influent screens to reduce maintenance (to be
completed by others in FY20/21 under separate
contract). FY20/21
The Process Evaluation tasks to be performed by Carr and Collier, Inc., should be completed in
approximately six months.
Submitting Department Director: Jeff Ratliff Date: 3/3/2020
Attachment: Amendment No. 1 for Construction Phase Engineering Services
Financial Impact: $79,922 to Tetra Tech for performance of construction phase engineering
services to comply with Consent Order OGC File No. 18-0916 from Florida Department of
Environmental Protection funded by the Wastewater Fund. Staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
Interim City Manager recommends City Council take the following action: Approve
Amendment No. 1 to Purchase Order No. 18087 to Tetra Tech in the amount of $79,922 for
performance of construction phase engineering services to comply with Consent Order OGC File
No. 18-0916 from Florida Department of Environmental Protection and authorize City Manager to
execute same.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
SCOPE OF SERVICES
AMENDMENT NO. 1 TO PURCHASE ORDER NO. 18087
CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE WRF PROCESS IMPROVEMENTS
PROJECT DESCRIPTION
The City retained the professional services of Tetra Tech, Inc. to evaluate potential events or conditions
that may have played a role and developing recommended improvements to prevent future permit
exceedance violations for TN and TP. The findings were summarized and submitted to FDEP in accordance
with the Consent Order. FDEP has accepted the recommendations prepared by Tetra Tech, and the City
has requested professional engineering services associated with implementing the following
recommendations:
• Carbon (Micro C) Feed Improvements: Improvements include the construction of a pre-engineered
canopy, a bulk storage tank, chemical feed pumps and skid, and all related valves, piping, and
electrical modifications
• Nutrient Probe Improvements: Improvements include the addition of nutrient monitoring upstream
of the headworks (ammonia), in the first anoxic zone (nitrate), in the second anoxic (ammonia and
nitrate), and the reaeration zone (nitrate).
• RAS Flow Meter Improvements: Improvements include removing and replacing the 8-inch RAS
flow meter.
• IR Pump Flow Meter Improvements: Improvements include adding a new above grade 16-inch flow
meter, valves, pipe and fittings on the discharge of the IR pumps, in addition to the installation of
IR Pump VFDs and associated electrical and control system modifications.
• Instrumentation and Control Improvements: Improvements include a new control panel,
programming of new PLC control logic, network upgrades, and SCADA additions and modifications
to integrate the above process improvements.
As previously conveyed to the City, the above -mentioned improvements will help operators with online
monitoring of recycle flow rates & nitrogen levels at various treatment steps and provide some nitrogen
trimming ability in the effluent. However, if a highly concentrated slug nutrient discharge (higher than the
WRF's designed treatment capacity) occurs in the collection system, it will not be fully treated by this WRF.
Tetra Tech completed final design for the above recommendations. The bidding is currently underway.
This scope will continue our assistance during the construction phase of the project.
SCOPE OF SERVICES
The following specific tasks will be performed under the Scope of Services. Certain assumptions have
been made in preparing this Scope of Services. To the extent possible, these assumptions are stated
herein, and are reflected in the project budget attached to this Scope of Services. In order to provide
logical, orderly completion of this assignment, the project has been broken down into three (3) distinct tasks.
Services to be completed in each task are further described below.
January 10, 2020
TETRA TECH
Task 3 — Construction Administration
During the construction phase, Tetra Tech will complete the following tasks:
• Prepare for and conduct preconstruction meeting with the City and Contractor, prepare meeting
summary, and distribute meeting summary to all attendees. Distribute conformed documents in the
preconstruction meeting.
• Attend 8 monthly progress meetings. On the day of the monthly progress meetings conduct a site
visit to the construction site to observe construction of the project. Construction of the project is
anticipated to have a duration of 10 months from notice to proceed to final completion.
• Review up to 20 requests for information (RFIs), provide interpretation of construction documents,
and issue written clarifications or interpretations.
• Review up to 40 shop drawings and other submittals up to two (2) times per submittal for general
conformance with the Contract Documents.
• Review test reports for soils, concrete and other materials.
• Review applications for payment and the accompanying data and schedules, determine the
amounts owed to the Contractor, and advise the City of the recommended payments.
• Evaluate any claims made by the Contractor and prepare change orders as required.
• Conduct substantial and final completion inspections.
• Observe start-up testing of major equipment.
• Provide project certification to regulatory agencies certifying that the project is complete and in
general conformance with permits issued.
• Prepare record drawings, incorporating changes made during construction based on record
information furnished by the Contractor and provide two (2) sets of drawings, and one (1) compact
disk with an electronic version of the documents to the City.
Task 4 — Part -Time Resident Project Representative (RPR)
Removed (City will provide inspection coverage during construction).
Task 5 — 0 & M Manual Supplement
Tetra Tech will prepare an operation and maintenance (O&M) manual supplement including this project
improvements for the WRF Process Improvements. Three (3) copies of the manual will be submitted to the
City for review and comment. Three (3) copies of the completed manual will be submitted to the City along
with electronic files for all text and figures. The manual shall include the following:
a. An introduction, manual user's guide and an overview of the individual unit process
components.
b. Specific operation instructions (start-up, routine and normal operating instructions and
regulation, control, stopping, shut -down and emergency instructions), control instructions,
and procedures for each process component. Key plant valves and gates will be numbered
and their normal position will be identified along with various actuation scenarios that may
occur during a variety of operating conditions.
c. Equipment function, normal operating characteristics, limiting conditions, performance
curves, engineering data, and tests.
d. Equipment preventative maintenance requirements and schedules, trouble -shooting
guidelines, and procedures for disassembly, repair, reassembly, alignment, and
adjustment.
e. Electrical and control diagrams.
TETRA TECH
f. Circuit directories for panelboards, wiring diagrams, electrical service, controls, and
communications.
g. Chemical handling, storage, and safety procedures.
h. Listing of spare parts.
C. COMPENSATION
Tetra Tech's fee as included in Attachment A is a lump sum amount of $79,922 for completion of the Tasks
3 & 5.
Task
Fee
Task 3 — Construction Administration
$69,090
Task 4 — Part -Time RPR Services
N/A
Task 5 — O&M Manual Supplement
$10,832
Total Task Authorization No. 4
$79,922
D. SCHEDULE
The project budget is based on the 10 months of construction phase. Tetra Tech shall not be responsible
for delays that occur as a result of action or inaction by others. This scope will be amended if project
construction gets delayed to continue to support the City during the construction phase.
TETRA TECH
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 7
Subject: Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances;
changing the qualifying period for candidates for the offices of Mayor and City Council to be
consistent with the requirements of the Brevard County Supervisor of Elections; providing for the
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability
and an effective date, second reading.
Department: City Clerk's Office
Summary: The Brevard County Supervisor of Elections, on behalf of the City of Cape Canaveral and
all other cities/towns in Brevard County, conducts municipal elections. On July 15, 2019, Brevard
County Supervisor of Elections (BCSOE) Lori Scott requested all cities/towns adjust their qualifying
dates for the period to end 78 days prior to the date of an election, allowing time for ballot
processing. Due to the timing, the City had to operate under an extremely tight timeframe to
accommodate this request.
The City Council convened a Regular Meeting on August 6, 2019 and approved Ordinance No.
14-2019, an Emergency Ordinance, to adjust the Qualifying Period for the 2019 City Election, per
BCSOE's request. The incorporated recitals of the Emergency Ordinance also stated an intent to
amend the qualifying period permanently prior to May 17, 2020. Emergency ordinances do not
require a second reading and, for that reason, can only authorize a temporary action. A standard,
two -reading ordinance is required to amend City Code permanently.
Ordinance No. 02-2020 (Attached) amends City Code to adjust the Qualifying Period for 2020 and
beyond. If adopted, the Qualifying Period for the 2020 City Election will run from Monday, August
3, 2020 at 12:00 noon to Friday, August 14, 2020 at 12:00 noon. This will allow ample time to provide
candidate information to BCSOE by their requested deadline.
The new Qualifying Period, established in the proposed Ordinance, spans ten business days, rather
than the current eleven business days. This adjustment keeps the official qualifying entirely within
the month of August, streamlining the process with consistent financial reporting for all candidates
and will also be more efficient, by beginning the Qualifying Period at the beginning (Monday) of
one week, and ending it at the end (Friday) of the following week.
This adjustment does not preclude a potential candidate's desire to campaign before officially
qualifying to run. All City residents who are registered voters may announce intentions to run for
office at any time prior to an official Qualifying Period, as long as the Statement of Campaign
Treasurer and Designation of Campaign Depository (Form DS-DE 9) and Statement of Candidate
(Form DS-DE 84) are filed with the City Clerk, the Qualifying Officer. Form DS-DE 9 must be filed
prior to opening a campaign account.
The Notice of Hearing was placed for advertisement in Florida Today on March 5, 2020 and the
Ordinance is presented for second reading and final adoption.
For more information regarding City elections, please contact the City Clerk's Office.
Submitting Department Director: Mia Goforth
Date: 3/9/2020
City of Cape Canaveral
City Council Meeting — March 17, 2020
Agenda Item No. 7
Page 2 of 2
Attachment:
Ordinance No. 02-2020
Financial Impact: Cost of codification; Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo Date: 3/9/2020
Interim City Manager recommends City Council take the following action:
Adopt Ordinance No. 02-2020 on second reading.
Approved by Interim City Manager: Todd Morley Date: 3/9/2020
ORDINANCE NO. 02-2020
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY
FLORIDA; AMENDING CHAPTER 26 — ELECTIONS, OF THE CODE OF
ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES FOR
THE OFFICES OF MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE
REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to Section 26-3 of the City Code, the City's current qualifying period
for candidates running for the office of Mayor and City Council shall be at any time after 12:00
noon of the 88th day prior to the general election and no later than 12:00 noon of the 74th day
prior to the date of the general election ("Existing Qualifying Period"); and
WHEREAS, the current termination date of the existing Qualifying Period does not comply
with a directive given by the Brevard County Supervisor of Elections to complete and provide all
ballot referendum language and a list of qualified Council candidates no later than the 78th day
prior to the City election; and
WHEREAS, at its August 6, 2019 Regular Meeting, the City Council adopted Ordinance
No. 14-2019, an Emergency Ordinance, reducing the 2019 City election's Qualifying Period by four
(4) days to comply with the Brevard County Supervisor of Elections directive; and
WHEREAS, Ordinance No. 14-2019 also stated an intent to permanently amend the
qualifying period prior to May 17, 2020; and
WHEREAS, the City Council hereby declares that it supports the Voting Rights Act of 1965,
and the provisions of Section 4(e), and therefore, for purposes of complying with a directive given
by the Brevard County Supervisor of Elections, the City Council desires to modify the qualifying
period for the City's municipal election by adjusting the qualifying period so the City Clerk may
provide all ballot referendum language and a list of Council candidates to the Brevard County
Supervisor of Elections no later than the 78th day prior to a City election; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
Cape Canaveral.
City of Cape Canaveral
Ordinance No. 02-2020
Page 1 of 3
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. Section 26-3 of the Code of Ordinance, City of Cape
Canaveral, Brevard County Florida, is hereby amended as follows (underlined type indicates
additions and strikeout type indicates deletions):
Sec. 26-3. - Qualifying period —Generally.
The qualifying period for C€andidates for the offices of the mayor and city council
shall qualify and pay the applicable qualifying fee and assessment during regular
business hours of the City be at any time after 12:00 noon of the 92nd 88th day
prior to the general municipal election and no later than 12:00 noon of the 81 st
4 day prior to the date of the gcncral municipal election. However, in the
event that the first or last filing day falls on a Saturday, Sunday or legal holiday,
then, as may be applicable, the subject first filing date shall be rescheduled to the
next regular business day and the last filing date shall be rescheduled to the last
preceding regular business day.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of
March, 2020.
City of Cape Canaveral
Ordinance No. 02-2020
Page 2 of 3
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
First Reading: February 18, 2020
Advertisement: March 5, 2020
Second Reading: March 17, 2020
Bob Hoog, Mayor
Mike Brown For Against
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Ordinance No. 02-2020
Page 3 of 3
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 8
Subject: Consideration of Policy Recommendations Regarding the Future Use of the Ridgewood
Avenue Extension Property.
Department: City Manager/Community Development
Summary: At the Regular City Council meeting on October 15, 2019, Council requested that the
Planning and Zoning Board ("Board") conduct a public hearing to evaluate the City's future need
and use of the undeveloped portion of real property generally known as the Ridgewood Avenue
Extension (Property). Specifically the Council motioned:
"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."
As directed by Council, the Planning & Zoning (P&Z) Board conducted a public hearing on
December 4, 2019, at which time Staff was given direction to prepare a policy statement that the
P&Z Board could consider at a subsequent meeting. To that end, a "Findings and Policy
Recommendation Regarding the Future use of Ridgewood Avenue Extension Property" has been
prepared (Attachment 2), which includes a recommendation that the P&Z Board find:
1. The City should maintain fee simple ownership of the Ridgewood Avenue Extension
property.
2. The City should continue to maintain the Ridgewood Avenue Extension as green space.
3. In the event that Ocean Woods constructs improvements on its private property, which have
the effect of closing the existing private dirt path to the general public in the future, the City
should consider designing and constructing a public pedestrian path through the
Ridgewood Avenue Extension property for purposes of maintaining the connectivity
currently enjoyed by the public between Harbor Heights and the paved portion of
Ridgewood Avenue.
At its February 19, 2020 Regular Meeting, the P&Z Board conducted a public hearing and
unanimously recommended that the Council approve the attached policy document.
Submitting Department Director: David Dickey Date: 3/10/2020
Attachments: 1. Ridgewood Avenue Extension Right of Way Map
2. Findings and Policy Recommendation Document Regarding the Future use of
Ridgewood Avenue Extension Property— 1/31/2020 (w/Exhibits)
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/10/2020
The Interim City Manager recommends that City Council take the following action:
Approve the policy document regarding the future use of the Ridgewood Avenue Extension
property.
Approved by Interim City Manager: Todd Morley Date: 3/10/2020
Attachment 1
MAP SHOWING RIGHT OF WAY OF RIDGEWOOD EXTENSION
& MARKERS SET OR FOUND
FOUND 4'x4' CONCRETE MONUMENT
NO IDENTIFICATION
SET RED FIBERGLASS WITNESS MARKER
FOUND 5/8" IRON ROD W/ CAP
STAMPED 'ALLEN ENG LB 266" &
RED FIBERGLASS WITNESS MARKER (TYP.)
SET 5/8" IRON ROD W/ CAP
STAMPED ALLEN ENG LB 266" &
RED FIBERGLASS WITNESS MARKER (TYP.)
FOUND 5/8" IRON ROD W/ CAP
STAMPS "ALLEN ENG LB 266'
RIDGEWOOD AVENUE EXTENSION
ORB 3332, PAGE 37
N
0 25 50 100 200
GRAPHIC SCALE
Prepared By:
ALLEN
Engineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE
COCOA BEACH, FLORIDA 32931
TELEPHONE: (321) 783-7443 - FAX: (32I)783-5902
WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net
SURVEYOR'S NOTE:
The right of way alignment shown is based on a Boundary Survey performed
in October of 1992 and updated and recertified in November of 1993, for
Towne Realty, Job #920114, by Allen Engineering, !nc.
SURVEYOR'S CERTIFICATION:
I hereby certify the iron rods with plastic caps shown hereon were set or found
during a field survey performed under my direction on February 4, 2013. All
field work was performed in accordance with the applicable requirements of the
Minimum Technical Standards for Land Surveys in Florida as described in Chapter
5J17-6, Florida Administrative Code, pursuant to Chapter 472.027 Florida
Statutes.
Not valid without the signature
and the original raised seal of a
Florida licensed surveyor and mapper.
ALLEN ENGINEEERING, INC
BY:
ROBERT M, SALMON
Professional Surveyor & Mapper
Florida Registration No. 4262
Attachment 2
1
City of Cape Canaveral
Community Development Department
CITY OF CAPE CANAVERAL
PLANNING & ZONING BOARD
FINDINGS AND POLICY RECOMMENDATION REGARDING
THE FUTURE USE OF RIDGEWOOD AVENUE EXTENSION PROPERTY
On October 15, 2019, the City Council requested that the Planning & Zoning Board ("Board")
conduct a public hearing to evaluate the City's future need and use of the undeveloped
portion of real property generally known as the Ridgewood Avenue Extension. The subject
property is located immediately north of the northern terminus of the paved portion of
Ridgewood Avenue in between the Ocean Woods and Ocean Oaks Condominiums and
immediately south of the southern boundary of Harbor Heights ("Ridgewood Avenue
Extension").
The Board conducted two public hearings on December 4, 2019 and February 19, 2020, and
based on relevant input from the public and City staff, the Board reached unanimous
consensus on the following findings and recommendation to the City Council:
FINDINGS
1. The City's ownership rights and history of the Ridgewood Avenue Extension are set
forth in detail in a letter prepared by the City Attorney, dated June 14, 2018. A copy of the
City Attorney's Letter (and the attached Ocean Woods Beach path mentioned below and
surrounding area) is attached hereto as Exhibit "A" and is incorporated herein as part of the
Board's findings. A Map of Right of Way of the Ridgewood Avenue Extension is attached as
Exhibit "B."
2. The City is the currently fee simple owner of the Ridgewood Avenue Extension.
3. The Ridgewood Avenue Extension is undeveloped green space and is vegetated with
trees and brush.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info i cituofcapecanaveral.org
2
4. During the past few years, Ocean Oaks and Ocean Woods have expressed interest in
acquiring a portion or all of the Ridgewood Avenue Extension from the City, and the City has
been in discussions with both parties to determine whether it is in the City's best interests to
maintain ownership of the property or to convey all or a portion of the property to either
Association or both.
5. In furtherance of these discussions, the City had the boundaries of the Ridgewood
Avenue Extension staked by a surveyor. Upon being staked, the Ocean Oaks Condo
Association apparently realized that it was inadvertently maintaining a portion of the Extension
property currently covered with grass because of the mistaken belief that the property was
part of the Association's common area. The Association has since ceased maintaining that
area and the City has commenced maintenance responsibilities.
6. Ocean Woods' private beach access dirt path connecting Ocean Woods to the beach
substantially traverses the eastern boundary of the Ocean Woods' common property, as well
as the northern portion of the Ridgewood Avenue Extension and Ocean Oaks' common
property.
7. Because of the historical pedestrian use of the dirt path, there appears to be an
impression by some members of the public that the existing Ocean Woods beach access path
is a public pedestrian way. However, in reality, the path is entirely on private property except
for the portion of the path that traverses the City -owned Ridgewood Avenue Extension.
8. Notwithstanding, Ocean Woods currently has not constructed improvements which
would restrict the private path across its property to Ocean Woods' residents. Representatives
of the Ocean Woods Homeowners Association indicated that the Association does not
currently intend to construct such improvements, but recognizes that the Association may
have the right to construct such improvements on the portion of the path located on Ocean
Woods' private common area property in the future.
9. Likewise, it is unknown whether Ocean Oaks has or will construct similar private
improvements on the portion of the path across its common area property in the future.
10. It is evident from the two public hearings that some members of the general public
(including elementary students residing in Harbor Heights) utilize the dirt private beach access
path as a pedestrian connection to and from Harbor Heights and the paved portion of
Ridgewood Avenue. This pedestrian connection apparently affords the public a convenient
two-way pedestrian connection between Harbor Heights (including Peacock Beach) and
multiple destination points of interest including Ocean Woods, Ocean Oaks, Cape View
Elementary School, Cherie Down Park and the Ridgewood Avenue bicycle and pedestrian lane.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.citvofcapecanaveral.org e-mail: infocityofcapecanaveral.org
3
11. If Ocean Woods closed the private dirt path on its common property in the future, the
general public, including Cape View elementary students residing in Harbor Heights, will be
required to use an alternative public pedestrian route connecting Harbor Heights and the
paved portion of Ridgewood Avenue unless the City constructed a new public pedestrian path
within the Ridgewood Avenue Extension property.
12. Some members of the public expressed concern about losing pedestrian access across
Ocean Woods' existing private path, and expressed a desire for the City to maintain ownership
of the Ridgewood Avenue Extension in the event the City needed the property to construct a
public pedestrian path to replace the private one currently located on Ocean Woods' private
property.
13. Existing alternative public pedestrian routes connecting Harbor Heights and the paved
portion of Ridgewood Avenue are longer and more circuitous. For example, a pedestrian
would be required to use N. Atlantic Avenue and one of the feeder streets such as E. Central
Blvd or Washington Avenue, or utilize the beach between the public beach access points at
Peacock Beach and Cheri Down Park.
14 Relevant to pedestrian paths like the one at issue here, the City of Cape Canaveral
Vision Statement provides: "We envision: A bikeable and walkable Cape Canaveral that retains
and enhances its welcoming residential feel and celebrates its unique sense of place."
15. In addition, the City's Comprehensive Plan requires the City to promote and support
bicycle and pedestrian ways. For example, the Transportation Element sets forth several key
policies including:
T-1.5 The City shall implement its policy of consideration of bicycle and
pedestrian ways in the planning of transportation facilities.
T-1.8 The City shall support forms of transportation which are alternatives to
individualized vehicle use, such as: pedestrian facilities, bicycle ways ....
T-1.14 Pedestrian Sidewalks and Bicycle Paths — The City shall evaluate the
need for bike paths and sidewalks in the planning for transportation facilities
... and require their installation when it is safe and economically feasible as an
alternative means of transportation around the City and to further reduce
greenhouse gas emissions.
T-2.4 The City shall provide for safe, appealing and efficient citywide routes for
pedestrian and bike path systems linking major activity centers, parking
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
4
facilities and residential areas. The City will consider providing strategically
placed bicycle racks.
16. Maintaining public pedestrian connectivity between Harbor Heights and the
paved portion of Ridgewood Avenue, by private or public means, is consistent with the
City's vision and Comprehensive Plan policies which strongly endorse and support
creating and maintaining bikeable and walkable pedestrian transportation facilities.
RECOMMENDATION
1. The City should maintain fee simple ownership of the Ridgewood Avenue Extension
property.
2. The City should continue to maintain the Ridgewood Avenue Extension as green
space.
3. In the event that Ocean Woods constructs improvements on its private property
which have the effect of closing the existing private dirt path to the general public in
the future, the City should consider designing and constructing a public pedestrian
path through the Ridgewood Avenue Extension property for purposes of maintaining
the connectivity currently enjoyed by the public between Harbor Heights and the
paved portion of Ridgewood Avenue.
Respectfully submitted to the City Council by the Planning & Zoning Board on
this 19th day of February, 2020.
Lamar Russell, Chairman
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
02/19/2020 Planning and
Zoning Board Findings
Exhibit "A"
GARGANESE, WEISS D'AGRESTA & SALZMAN, P.A.
Attorneys at Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
June 14, 2018
Via EMAIL and Regular U.S. Mail
David L. Greene
City Manager
100 Polk Avenue
Cape Canaveral, Florida 32920
Anthony A. Garganese
Board Certified City, County & Local
Government
agarganese@orlandola w.net
Re: Maintenance of Dirt Beach Path
From Ocean Woods to and through Ocean Oaks Condominium
Dear David:
You requested that I research and render a legal opinion on whether the City has
any maintenance responsibilities regarding the dirt path that runs from the Ocean Woods
development eastward through the Ocean Oaks Condominiums to the beach.
INFORMATION AND BACKGROUND
In furtherance of this assignment, I examined, for starters, the April 11, 2018 email
from Joshua Surprenant, Community Engagement Director and Deputy Public Works
Director, to a concerned citizen, Mr. Sekowski. In his email, Mr. Surprenant explains some
of his independent and preliminary research regarding the issue and indicates that it his
impression that the City has never maintained the dirt path. However, he indicates that
additional title and survey research will be necessary with the assistance of the City
Attorney's office. Based on this email, and our discussions, it was necessary to order two
title reports from Old Republic National Title Insurance Company of the real property in
question to ascertain recorded land interests; specifically: (1) the northern portion of
Ridgewood Avenue running along and between Ocean Woods and Ocean Oaks and
terminating at the southern boundary of the Harbor Height's Subdivision ("Ridgewood
Avenue Extension"); and (2) the dirt path area which generally runs across the unpaved
northern most portion of the Ridgewood Avenue Extension and located primarily on the
northern most portion of the common area owned by the Ocean Oaks Condominium
Association ("Dirt Beach Path"). Given the scope of the title report request, the title reports
took some time for the title company to research and prepare, but on June 4, 2018, I
received two very extensive title reports, along with supporting documents recorded in the
Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
David L. Greene
6/14/2018
Page -2 —
Brevard County land records consisting of several hundred pages about seven inches
thick. Additionally, the City engaged the services of licensed surveyor John Campbell to
assist me with evaluating and plotting legal descriptions contained in a few of the relevant
legal instruments which were included in the title reports. Lastly, during our research, we
were able to obtain a copy of an important survey prepared by Allen Engineering, Inc. for
Town Realty, dated May 5, 1994, for the Ocean Oaks Project which is attached as
EXHIBIT "A" ("Survey"). A large 30 x 42 copy of the Survey is also included with the
regular mail delivery of the original copy of this letter to your office for convenience. The
Survey depicts the relevant easements and property discussed in this letter. A big thank
you goes to surveyor Bob Salmon at Allen Engineering, who at my request located and
provided a copy of the Survey as a professional courtesy to the City. The Survey was
reviewed by John Campbell for purposes of providing surveying advice to me related to the
findings and opinions contained in this letter.
SUMMARY FINDINGS
Based on my evaluation of the aforesaid information, my findings relevant to the
issue presented are summarized as follows:
1. First Interstate Development Corp. developed the Ocean Woods development and
Z.R.W. Corporation (and affiliate Towne Realty) was involved in the development of the
Ocean Oaks Condominiums.
2. First Interstate Development Corp., a Florida corporation, conveyed a private
easement to Modern, Inc., a Florida corporation. The easement is dated February 2, 1984
and is recorded at ORB 2487, Page 0881. There is no record of this private easement
being terminated or assigned. The easement is actually three separate private easements
which are described therein as Easement No. 1, 2 and 3. The location of the easements
are depicted on the Survey.
a. Easement No. 1 (shaded in Yellow and Orange on the reduced Survey) is a 35
foot wide beach access easement, and runs from the western boundary of the Ridgewood
Avenue Extension (Easement No. 2 on the Survey) across the northern most 35 feet of
what is now known as the Ocean Oak's common area to the erosion control line. Mr.
Campbell believes that the westernmost portion of the beach access easement is also the
current eastern boundary of the Ocean Woods plat. This easement is perpetual for
purposes of providing Modern, Inc., and its successors and assigns a pedestrian walkway
and bicycle path. No buildings or structures can be constructed in the easement except a
sheltered picnic area not to exceed 15 feet by 15 feet. The walkway, bicycle path and
sheltered picnic area shall be maintained at all times by Modern, Inc., and its successors
and assigns.
b. Easements No. 2 and 3. (shaded in Green on the reduced Survey) these two
easements are a 50 foot wide easement that covers the Ridgewood Avenue Extension that
runs adjacent to and parallel with the east line of Ocean Woods. The easement document
is oddly structured and the same legal description is used for Easement No. 2 and
David L. Greene
6/14/2018
Page -3 —
Easement No. 3. Together, the easements are non-exclusive, permanent and perpetual
and for the use and benefit of Modern, Inc., and its successors and assigns. The purpose
of the easements is fora roadway including utilities, a pedestrian walkway and bicycle path
and landscaping. The walkway and bicycle path shall be on the western 25 feet of the
easement area and any roadway shall be on the eastern 25 feet of the easement area.
The Grantor, First Interstate Development Corp., reserved the right to use the easement
area including for the same purposes not inconsistent with the grant of easement. Any
improvements to the easement area shall be maintained by the party constructing the
improvements.'
Interestingly, the title company was unable to identify Modern, Inc. in the chain of
title for the Ocean Woods or Ocean Oaks properties or the Ridgewood Avenue Extension.
Further, the title company conducted a cursory search of the grantor/grantee index and it
does not appear that Modern, Inc. owned any property from the date of their initial
corporate filing and the date of the easement. Therefore, in the context of the surrounding
properties, we cannot ascertain from the information reviewed the reasons why Modern,
Inc. would have received this easement. However, based on our online internet research
and online search of Sunbiz corporate records, we were able to find a common thread
between First Interstate Development Corp., Modern, Inc., and the Ocean Woods
Condominium development. The late Charles F. Moehle Jr. was an officer in First
Development Corp., the President of Modern, Inc., and one of the co-founders of the
Stottler, Stagg and Associates architectural and engineering firm ("Stottler Stag") who,
along with some of their principals, were involved in developing the Ocean Woods project.
Stottler Stagg principals, Richard Stottler and Richard Biery were respectively the President
and Secretary of First Interstate Development Corp. according to the Ocean Woods plat
documents. Nonetheless, this Easement exists in the official land records of Brevard
County and appears to be currently held by an active Florida corporation.
3. The City of Cape Canaveral is fee simple owner of the Ridgewood Avenue
Extension as legally described in and by virtue of a warranty deed from Z.R.W.
Corporation, a Florida dissolved corporation, recorded in O.R.B. 3332, Page 37, Public
Records of Brevard County (dated September 27, 1993) (shaded in Green on the reduced
Survey). Z.R.W was involved in the development of Ocean Oaks. The legal description
contained in the deed is actually the same legal description as Easement No. 2 contained
in the aforementioned roadway easement granted to Modern, Inc. prior to the City taking
fee title to the Ridgewood Avenue Extension property. In other words, the City, for
whatever reason, took title to the Ridgewood Avenue Extension around the time Ocean
Oaks was being developed by Z.R.W., subject to the Modern Inc. easement. Moreover, as
identified in the title report, the real property conveyed to the City appears to be
encumbered, in whole or in part, by several other easements which were recorded prior to
the City obtaining title. One of the other easements is a 10' Storm Sewer Easement
granted to the City (O.R.B. 938, Pg. 841) and an additional ingress and egress easement
(O.R.B. 2201, Page 2266). As fee simple owner of the Ridgewood Avenue Extension, the
As explained in Section 3 below, the City is actually the successor in title to the Easement No. 2 and 3 property via
a warranty deed conveyed to the City by Z.R.W. Corporation.
David L. Greene
6/14/2018
Page -4 —
City has some duty to maintain the subject property, subject to any existing easement
rights and obligations granted to other parties that encumber the Ridgewood Avenue
Extension property.
It is also relevant to note that the Modern, Inc., and Ocean Woods private
easements overlap across the northern portion of the Ridgewood Avenue Extension as
depicted on the Survey. This dirt path in the overlap area essentially serves as a narrow
"crosswalk" over the Ridgewood Avenue Extension property. At the very least, the City
may have some responsibility to keep this existing dirt "crosswalk" open given its historical
use by the Ocean Woods residents, but as explained below the easement holders should
maintain the easement area in order to facilitate its use.
4. The most relevant document related to the Ocean Woods easement issue
presented is the easement granted to the Ocean Woods Homeowners Association, Inc., by
First Interstate Development Corp., a Florida corporation. The easement is dated August
30, 1983 and was recorded in O.R.B. 2453, Page 373. This easement is a permanent and
perpetual 25 foot wide private beach access easement for purposes of a walkway for the
passage of pedestrians, but not for vehicles. The location of the easement is depicted on
the attached Survey. Noteworthy, is the fact that this private beach access easement
differs from the Modern, Inc., private beach access easement in several respects. For
example: (i) the Modern, Inc., easement is 10 feet wider than Ocean Woods easement; (ii)
the Modern Inc., easement expressly calls out the use of bicycles and a sheltered picnic
area and Ocean Woods easement does not; (iii) the Modern, Inc., easement expressly
provides that Modern, Inc., will maintain the pathway and sheltered picnic area and the
Ocean Woods easement does not expressly address maintenance; and (iv) the Modern,
Inc., easement runs further east to the erosion control line established by the State of
Florida (O.R.B. 1416, Page 537) and the Ocean Woods easement runs to the mean high
water line.
Although the Ocean Woods easement does not mention whether or not Ocean
Woods can maintain the easement area, it is "well established law that a dominant estate
easement owner is entitled to prepare, improve, maintain, or repair the easement in order
to facilitate its use." Lanier v. Jones, 619 So. 2d 387, 388 (Fla. 5th DCA 1993). So, it would
appear that Ocean Woods, the owner of the subject easement, may perform the duty of
keeping it in repair and has the right to enter the servient estate (City as to the Ridgewood
Avenue Extension and Ocean Oaks as to its common area) at all reasonable times to
effect the necessary repairs and maintenance of the easement area. Such a right is an
incident of the easement and is sometimes called a "secondary easement." See 20 Fla.
Jur 2d Easements § 49.
5. In 1961, Holt Investments Incorporated conveyed real property and a 10 foot wide
private easement to J. Newton Holt and Ruth Park Holt (O.R.B. 417, Page 446). This
private easement is depicted on the attached Survey just north of the Ocean Oaks northern
boundary (shaded in Blue on the reduced Survey) and runs eastward from the cul-de-sac
in the Harbor Heights Subdivision to the mean high water line. Based on the Survey, it
David L. Greene
6/14/2018
Page -5 —
appears that this private beach access easement was intended to serve the real property
which later became known as the Harbor Heights Subdivision.
CONCLUSION
In conclusion, it is my opinion that the City does not have a duty or an obligation to
maintain the Dirt Beach Path legally described in either the Ocean Woods or Modern, Inc.,
private beach access easements and generally depicted on the attached Survey. The Dirt
Beach Path should be maintained by the private easement holders, Modern, Inc., and/or
Ocean Woods in order to facilitate their use of the easement. The City does, however,
have some duty to maintain the area described herein as the Ridgewood Avenue
Extension by virtue of being the fee simple owner of that property, but the private easement
rights over the affected easement areas should currently be maintained by the private
easement holders. Additionally, given the customary use of the existing dirt "crosswalk" by
residents of Ocean Woods, located on and across the northern most portion of the
Ridgewood Avenue Extension, the City may have some responsibility to keep the
"crosswalk" open for pedestrian use by the residents of Ocean Woods given the private
easement rights granted to Ocean Woods (and Modern, Inc.) prior to the City obtaining title
to the Ridgewood Avenue Extension property.
I look forward to discussing this matter with you and staff at your convenience.
Regards,
Anthony A. Garganese
City Attorney
Cc: Josh Surprenant (by email)
Attachments:
Exhibit List and Exhibits
Large 30 x 40 Copy of 1994 Allen Engineering Survey (Ocean Oaks Project)
Exhibit A
OCEAN OAKS RIGHT OF WAY
(HIGHLIGHTED SECTIONS)
10 Ft. Holt Easement
25 Ft. Ocean Woods Easement
35 Ft. Modern Inc. Easement
City Ridgewood Avenue Extension (Easement No. 2 and 3)
Most visible text on document is degraded and not legible.
ALLEN ENGINEERING. INC.
SURVEYORS
02/19/2020 Planning and
Zoning Board Findings
Exhibit "B"
Ridgewood Avenue Extension Right of Way Map
Legend
City -owned Ridgewood Avenue Extension
Ocean Woods Beach Access Easement and Modern Inc. Easement
Modern Inc. Easement
Holt Easement
Northern end of the
City-owned
Ridgewood Avenue Extenstion
Peacock Beach
OWHOA Dirt Path
Ocean Woods
Homeowners
Association
City-owned Ridgewood Avenue Extension
Unpaved portion of
the Ridgewood
Avenue Extension
Ocean Oaks Condo
Start of Ridgewood Avenue
bike & pedestrian path
Southern end of the City-owned Ridgewood Aven Extension
Cape View
Elementary
School
Cape Canaveral Beach
Cherie Down Park
Atlantic
Ocean
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, GIS User Community
02/2020
City of Cape Canaveral
City Council Meeting - March 17, 2020
Agenda Item Summary
Item No. 9
Subject: Discuss the City Manager position, as per Council consensus on February 18, 2020, and
take any relevant action as advised by the City Attorney.
Department: Legislative
Summary: The following timeline details recent history related to this item:
• Regular City Council Meeting of September 17, 2019 — (Attachment 1):
o The City Council appointed City Clerk Mia Goforth as Interim City Manager for a
term of one month which would be revisited at the October Regular City Council
Meeting.
o Additionally, Council reached a consensus for Department Directors to meet and
formalize a recommendation to Council for an internal candidate among
themselves to be appointed Interim City Manager and/or permanent City Manager.
• Staff Meeting of September 30, 2019 — (Attachment 2):
o Department Directors and Interim City Manager Goforth, by unanimous and
anonymous vote, recommended Economic Development Director Todd Morley for
the Interim/permanent City Manager position.
• Regular City Council Meeting of October 15, 2019 — (Attachment 3):
o City Council discussed the status of the Interim City Manager position and Staff
recommendation.
o City Council voted unanimously to appoint Economic Development Director
Morley as Interim City Manager for a period of six months unless otherwise
determined by Council.
• Regular City Council Meeting of November 19, 2019 — (Attachment 4):
o Council Member Raymond submitted an agenda Item to discuss the hiring of a
City Manager process. Discussion ensued, however Council took no action.
o Council Member Morrison submitted an agenda item to discuss requiring a
unanimous vote for any action regarding amending, terminating or renewing a
contract or employment agreement with the City Manager when noticing was not
consistent with Sec. 2-60 of the City Ordinances. Discussion ensued, however
Council took no action.
• Regular City Council Meeting of February 18, 2020:
o Council Member Kellum requested City Council discuss hiring Interim City Manager
Morley permanently. City Attorney Garganese advised Council that, should the
discussion go in the direction of hiring Mr. Morley as City Manager, a contract
would need to be drafted and presented at a subsequent City Council Meeting.
Discussion included Mr. Morley's abilities and accomplishments, public awareness
and his resume. Council consensus was reached to schedule a Discussion Item to
appear on the Regular City Council Meeting Agenda for March 17, 2020 (see the
Draft Regular City Council Meeting Minutes of February 18, 2020 contained within
this Agenda Packet as Item No. 1 on the Consent Agenda and Reports.)
Interim City Manager Morley's resume is provided as part of this Agenda Item (Attachment 5).
City of Cape Canaveral
City Council Meeting — March 17, 2020
Agenda Item No. 9
Page 2 of 2
It is now incumbent upon City Council to discuss the City Manager position, as per Council
consensus of February 18, 2020, and take any relevant action as advised by the City Attorney.
Submitting Department Director: Mia Goforth
Date: 3/10/2020
Attachments:
1. Minutes: September 17, 2019 City Council Regular Meeting excerpt — Page 5.
2. Minutes: September 30, 2019 City Department Directors Meeting.
3. Minutes: October 15, 2019 City Council Regular Meeting excerpt — Pages 2-3.
4. Minutes: November 19, 2019 City Council Regular Meeting excerpt — Pages 5-6.
5. Resume: Todd Morley
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
Date: 3/10/2020
Attachment 1
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.
Bob Hoog, Mayor
Mia Goforth, CMC, City Clerk
SEAL of Cape Canaveral, Florida
Attachment 2
CAPE CANAVERAL
Department Directors Meeting
Monday, September 30, 2019
City Hall Conference Room B — Room 221
100 Polk Avenue, Cape Canaveral, Florida 32920
MINUTES
Interim City Manager Mia Goforth opened the Meeting at 10:32 AM.
City Staff Present:
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Interim City Manager Mia Goforth
Interim City Clerk Daniel LeFever
Economic Development Director Todd Morley
Capital Projects Director Jeff Ratliff
Human Resources/Risk Management Director Jane Ross
Community Services Director Joshua Surprenant
Leisure Services Director Gustavo Vergara
1. Discussion and Staff Department Directors Recommendation Regarding Internal City
Manager Candidacy: Discussion ensued regarding the purpose of the Meeting, direction and
consensus from Council at the September 17, 2019 Council Meeting for City Staff to meet and
formalize a recommendation for an Interim City Manager and/or permanent City Manager,
Council having the discretion to select a permanent City Manager internally or externally,
externally requiring a search either conducted by the Human Resources department or via a
contracted firm and Interim City Manager Goforth's suggestion for her role going forward to
include possibly serving a dual role as City Clerk and Assistant City Manager in the future.
An anonymous vote was conducted to formalize a recommendation to Council for the
Interim/permanent City Manager position. All present voted unanimously, 9-0, for Economic
Development Director Morley to be the recommended Staff member. A consensus was reached
for Council Members to meet and/or speak with Directors, one-on-one, regarding direction on
this item for inclusion in the next City Council Meeting.
There being no further discussion on this item, the Meeting concluded at 10:55 AM.
Daniel LeFever, Interim City Clerk
Attachment 3
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.
Attachment 4
City of Cape Canaveral, Florida
City Council Regular Meeting
November 19, 2019
Page 5 of 6
and courteous way before implementing penalties and the topic is timely with the addition of a
new Council Member and at the New Year.
15. City Manager (Submitted by Council Member Raymond): Discussion ensued and included
Interim City Manager Morley's current six-month term, searching for a new City Manager,
challenges of conducting a search within and outside of the City, not eliminating Interim City
Manager Morley as a candidate, pros and cons of residency requirements and polling citizens,
Human Resources Director Ross' upcoming retirement, Deputy Finance Director Huser will be
the new Human Resources Director and confirmation that Interim City Manager Morley received
a pay increase since being appointed.
16. Affordable Housing (Submitted by Council Member Raymond): Discussion ensued and
included making affordable housing in the City a first priority, researching what Council has
control over, policies to promote affordable homes, density concerns, Homestead Exemption
program for seniors, the number of non -homesteaders and renters in the City, disagreement with
adoption of City Ordinance No. 03-2018, affordable and lower income housing development
implementation challenges, greenspaces and parking.
17. Discussion to consider amending the City of Cape Canaveral Parking Regulations:
(Submitted by Council Member Morrison): Discussion ensued and included parking regulations
related to private and commercial properties, parking on grass in residential and commercial areas,
sustainability solutions, impacts on the Indian River Lagoon, harmful nature of minimum parking
requirements across the country and moving away from minimum dimensions. Community
Development Director Dickey discussed the challenges of redevelopment, getting the necessary
changes into place to meet the Code and how Staff may bring new policies for Council
consideration after the Planning and Zoning Board meeting scheduled for December 4, 2019.
Interim City Manager Morley discussed an initiative relating to "maximum impervious area on
any given lot".
18. Discussion on options we have within the limits of FL Law 219-131 regarding
telecommunication/wireless facilities. (Submitted by Council Member Morrison): Discussion
ensued and included adapting City policy with the State Law and a planned facility tower near
Harbor Heights, the letter of a resident was read into the record, tight restrictions in State Law,
citizen participation, small timeframe for the Harbor Heights installation and limited
maneuverability for the structure. City Attorney Garganese read directly from the Act, detailing
the City may not require a meeting before filing an application and cannot require direct or indirect
notification for a public meeting for the placement of communication facilities in the right-of-way
and stated those are just two of many restrictions from the Florida legislature. Discussion ensued
regarding the challenges the City faces and possible alternatives through Staff analysis of standards
and restrictions from adopting certain regulations with regard to the State right-of-ways.
19. 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):
Discussion ensued and included how a City Manager employment agreement and separation
should be handled with regard to City Code, taking no Council action without prior notice and
City of Cape Canaveral, Florida
City Council Regular Meeting
November 19, 2019
Page 6 of 6
placing that requirement within the Code or a contract for employment, time constraints and
urgency may require immediate Council action, similar instances regarding past City Managers,
navigating costs and public perception.
Lee Vicidomini, 421 Lincoln Avenue, expressed opinions regarding affordable housing, landlords
and giving a tax break to owners of rental property to encourage low-income housing, property
owners that do not reside in the City, elected officials that do not own property in the City,
encouragement for a productive Council going forward and support for hiring from within and for
Interim City Manager Morley.
REPORTS:
Council Member Raymond discussed the Multi -Generational Facility hosting future events, kudos
to Staff for the Bike and Pedestrian Accessibility Community Outreach Session and City
Halloween Trunk or Treat/Monster Mash, the Space Coast League of Cities meetings, the League's
Advocacy Team trips to Tallahassee and the League's co -sponsored educational Scholarship
Application is ready online.
Council Member Morrison thanked Rocky Randels for his service to the City, congratulated Mayor
Pro Tem Brown and City Council Member Kellum on their election wins and thanked Interim City
Manager Morley and City Attorney Garganese for their work.
Council Member Kellum discussed citizen favor for the addition of a small pool inside the Multi -
Generational Facility, requested Staff research the costs for a design change, expressed desire the
Facility be used in a variety of ways and also suggested a Silver Sneakers program be started
through the City.
Mayor Pro Tem Brown thanked Rocky Randels for his service to the City, congratulated Council
Member Kellum and thanked Staff and First Responders.
Mayor Hoog confirmed the Mayors' Fitness Challenge will be noticed on the City website and
discussed the need for Council Consensus regarding the request put forth by Council Member
Kellum. Discussion ensued on time to include a design change and different options for a small
indoor pool. Council reached consensus for Staff to research changing the design of the Multi -
Generational Facility to include an indoor pool and bring the Item back to the December 17,
2019 Regular City Council Meeting.
Interim City Manager Morley thanked Rocky Randels for his service.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:31 PM.
Mia Goforth, City Clerk
Bob Hoog, Mayor
SEAL of Cape Canaveral, Florida
Attachment 5
Todd Morley
(321) 288-0415 (cell)
t.morley@cityofcapecanaveral.org
Professional Objective To be a fair, honest, transparent and approachable City Manager
who will work hard for the best interests of the City of Cape
Canaveral, its residents and business owners.
Experience 2002—Present (18 years)
City of Cape Canaveral — Cape Canaveral, Florida
Interim City Manager — (October 2019-Present)
Appointed Interim City Manager in October, 2019 to provide solid leadership,
continuity and management to the Staff and City of Cape Canaveral as directed
by the City Council.
Accomplishments, initiatives and actions during this appointment (to date) include:
Administrative Initiatives
• Issued a timely and professional 2019 State of the City Report.
• Revisited negotiations with Brevard Public Schools and Brevard County
Commission regarding obtaining Cherie Down Park.
• Oversaw the City's FY 2019/20 Annual Financial Audit — with a result of having
zero findings.
• Updated the City's Emergency and Disaster Recovery Plan.
• Oversaw the transition to Special Magistrate Hearings for Code Enforcement
matters.
• Published the Bid Advertisement and RFQ for the Multi -Generational Facility
and Cultural Arts Preservation Enrichment (CAPE) Center.
Community Relations
• Introduced an ongoing series of "Coffee Hour/Community Chat" events giving
the public an opportunity to interact directly with the Interim City Manager.
• Hosted a 2-day City Hall Open House event for the Community.
• Provide ongoing continuity by representing the City via external liaison roles
with various governmental agencies.
• Continue to support successful programs such as: Sea Oats Planting,
Founders' Day Spring Festival, Mayors' Fitness Challenge and Friday Fest.
Council Member Interaction
• Meet regularly with Mayor and Council Members to review current and future
agenda items, questions and emerging community issues and concerns;
maintaining mutual awareness as an ongoing goal.
Cultural Change Initiatives
• Strong focus on improving relationships between Council, City Manager,
Directors, Staff and the Community, as well as developing and encouraging a
strong sense of unity and teaming among Staff.
Ongoing Staff Development, Awareness & Training
• Increasing internal awareness and diligence by providing Staff with the tools
needed to be proactive and aware of the increasing number of Cyber Security
threats and attacks to local governments.
• Conducting ongoing meetings with Directors and Staff to be well-informed
and to provide input on new and existing projects in the Community as well
as provide guidance when issues may arise.
• Encouraging Staff to increase focus on Sustainability and Resiliency efforts.
• Met with Staff and Dr. Freijo to prepare for the upcoming 2020 Strategic
Planning Retreat.
• Provide an open-door policy to Directors and Staff and encourage them to
develop new and innovative ideas that will increase productivity and teaming
in the workplace and enhance safety and the quality of life in the Community.
Professional Development
• Attended International City/County Management Association (ICMA)
Southeast Regional Conference for local governments.
• Attended the Florida City/County Management Association (FCCMA)
Institute/Workshop for City and County Managers.
Resource Allocation
• Hired new Public Works Services Director who possesses core competencies
and field expertise which allows select projects, when beneficial, to be
performed in-house and at a significant cost savings over utilizing external
contractors.
• Promoted a qualified internal candidate to the Human Resources/Risk
Management Director position, capitalizing on the effectiveness of
institutional knowledge, procedural awareness, and benefits of existing in-
house relationships.
• Backfilled other employee vacancies in Administrative Services and Public
Works Infrastructure Maintenance.
Economic Development Director — (2016-October 2019)
• Responsible for the development, implementation and management of the
marketing, economic development, public relations and communications
programs for the City.
• Responsible for maintaining communications with the public, media, industry
professionals and members of other Civic and Community organizations.
• Created a marketing and economic development program, including
incentives and media promotion programs that ensure the City economically
achieves Community awareness and exposure.
• Continuity with damage assessment.
• Project Manager for City Hall construction.
Community and Economic Development Director — (2011-2016)
Direct the activities of the Community and Economic Development Department.
Perform professional and administrative work in the City's Planning, Zoning,
Development, Redevelopment and Economic Development activities.
• Revised City Sewer Impact Fee Schedule.
• Sustained participation in the City's Visioning Program toward achieving
economic growth and highest and best use development potential.
• Direct the development, administration and review of departmental budget
and exercise control over expenditures.
• Provide administrative support to the Planning and Zoning Board, Zoning
Board of Adjustment, Construction Board of Adjustment, Code Enforcement
Board, Community Appearance Board as well as other meetings and special
assignments as directed by the City Manager.
• Provided Human Resource directives to supervise and develop a Staff of five
employees.
• Reviewing and coordination of large and small construction projects and site
plans. Scheduling and directing of pre -construction meetings with developers
and Staff.
• Regularly submit agenda items and provide input at City Council meetings.
• Responsible for researching, analyzing and making recommendations and
creation of amendments to the City Code of Ordinances and developing
accompanying Resolutions.
• Reviewing and approving Local Business Tax Receipts (Occupational Licenses).
• Continuity with damage assessment.
Building Official, Planning Official, Code Enforcement Official — (2003-2011)
Responsible for direct regulatory administration and supervision of plan review,
enforcement, inspection of building construction, erection, repair, addition,
remodeling, demolition and alteration projects that require permitting
indicating compliance with building, plumbing, mechanical, electrical, gas, fire
prevention, energy, accessibility and other construction codes as required by the
State and City ordinances.
• On -going participation in the City's Visioning Program toward achieving
economic growth with the highest and best development potential.
• Direct the development, administration and review of departmental budget
and exercise control over expenditures.
• Provide administrative support to the Planning and Zoning Board, Zoning
Board of Adjustment, Construction Board of Adjustment, Code Enforcement
Board, Community Appearance Board as well as other meetings and special
assignments as directed by the City Manager.
• Provided Human Resource directives to supervise and develop a Staff of five
employees.
• Review and coordination of large and small construction projects and site
plans. Scheduling and directing of pre -construction meetings with developers
and Staff.
• Regularly submit agenda items and provide input at City Council meetings.
• Responsible for researching, analyzing and making recommendations and
creation of amendments to the City Code of Ordinances and developing
accompanying Resolutions.
• Reviewing and approving Local Business Tax Receipts (Occupational Licenses).
• Creating solutions for practical problems while dealing with a variety of
concrete variables in situations where only limited standardization exists.
• Review and coordination of large and small construction projects and site
plans. Scheduling and directing of pre -construction meetings with developers
and Staff.
• Responsible for continuity in damage assessment, life -safety determinations
and postings of unsafe structures after natural disasters.
• Review and issuance of building permits and performance of inspections.
• Review and coordination of Code Enforcement cases.
• Review and approval of zoning classifications.
• Assessment of municipal impact fees.
• Revised City Sign Code.
Building Inspector/Plans Examiner — (2002-2003)
City of Cape Canaveral
Duties included residential and commercial inspections and plan review.
Deputy Building Official — (2001-2002)
City of Rockledge - Rockledge, Florida
Responsible for acting in the capacity of the Building Official in his absence. Duties
included residential and commercial inspection and plan review. Appointed
Departmental Public Information Officer.
Owner/State Certified Building and Roofing Contractor — (1994-2010)
Todd Morley Construction - Cocoa, Florida
Responsible for commercial and new residential home construction projects.
Specialty area: residential additions and remodeling. Activities included bidding,
sales, purchasing, CAD work, permitting, legal documents, hands-on construction
and supervision in all disciplines of construction, customer relations, management
of many sub -contractors, hiring, training and disciplining of employees.
Operations Manager — (1980-1994)
Ability Window and Door, Inc. - Cocoa, Florida
Responsible for management and installation of residential and commercial
construction projects for entry/egress and glazing systems, carpentry, specialty
structures and interior and exterior finish -out. Personnel management, customer
relations, bidding, purchasing, job supervision, sales and hands-on construction
work.
Florida Licensure
• Building Code Administrator (BU1057)
• Standard Inspector (BN4499 - Building, Plumbing, Mechanical)
• Standard Plans Examiner (PX2627 - Building, Plumbing)
• Standard Roofing Inspector (SR155)
• Building Contractor (CBC57152 - Inactive)
• Roofing Contractor (CCC57400 - Inactive)
Education University of Central Florida - Orlando, Florida — (1986-1988)
• B.S. Business Management
Brevard Community College - Cocoa, Florida — (1983-1986)
• A.A. Business Administration
Professional Memberships & Certificates
• Economic Development Commission of Florida's Space Coast
• FRA Redevelopment Professional
• International City/County Management Association (ICMA) Member
• Florida City/County Management Association (FCCMA) Member
• Member of the Board of Directors to the Economic Development Commission
of Florida's Space Coast.
• Ad Valorem Tax Abatement Council Member — Economic Development
Commission of Florida's Space Coast.
Historical Community Activism
• Building Officials Association of Brevard County - President (2007-2008).
• Member of DCA/BOAF non -binding code interpretation process.
• Governor's Appointee to the Children Services Council of Brevard County.
• Appointed to International Code Council 2007 Exam Development
Committee.
• United Way Funding Allocation Panel.
References References furnished upon request.