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HomeMy WebLinkAboutcocc_council_mtg_minutes_20200421CAPE CANAVERAL REGULAR CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar MINUTES April 21, 2020 6:00 P.M. CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM and read a COVID-19 Pandemic Emergency Statement. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Member Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melinda Huser Daniel LeFever Lisa Day Andrew Walters Dave Sargeant STATEMENT OF CMT PROCEEDINGS: Mayor Hoog read guidelines for conducting the virtual proceedings via communications media technology (CMT). PUBLIC PARTICIPATION: City Clerk Goforth read public comments submitted via email from Brad Pervell and Mel Smith into the public record, attached herewith. Mayor Hoog explained the circumstances of the past with regard to not holding City Council Meetings to declare an emergency and apologized for providing incorrect information regarding COVID-19 deaths during the Special City Council Meeting of April 14, 2020. Council Member Raymond indicated a desire to provide her phone number in order to provide a response to questions put forth to her by Ms. Smith. Mayor Hoog called for those attendees raising their hands to speak. Raymond Osborne, resident, requested information regarding COVID-19 measures by the local community and in the City. Human Resources/Risk Management Director Melinda Huser provided a statement in her capacity as the City Emergency Operations Team Incident Commander, offered to provide Mr. Osborne with the web address from the Florida Department of Health and suggested visiting said website to conduct a zip code search of cases reported within the City. Discussion ensued City of Cape Canaveral, Florida City Council Meeting — Regular CMT April 21, 2020 Page 2 of 5 regarding testing, supply chains, where might the cases be within the City, posting the information via social media and reported cases in the area. CONSENT AGENDA: Mayor Hoog stated Canaveral Fire Rescue Chief Sargeant pulled Item 4 off of the Agenda and asked if any Council Members wished to pull any other items for discussion. No Items were pulled for discussion. 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. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2019. 4. 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). 5. 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. 6. Award the bid for rehabilitation of the Intermediate Lift Station at the Water Reclamation Facility to EE&G Construction & Electrical, LLC in the amount of $411,585 and authorize Interim City Manager to execute Construction Agreement for same. 7. Award the Bid for replacement of Lift Station No. 3 to Utility Technicians, Inc. in the amount of $436,430.76 and authorize Interim City Manager to execute Construction Agreement for same. 8. Approve request for a 90-day extension to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) Binding Developer's Agreement between the City and Holiday Inn Club Vacations Incorporated. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Kellum, to accept the Consent Agenda except for Item 4. The motion carried 5-0. PUBLIC HEARING 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 City of Cape Canaveral, Florida City Council Meeting — Regular CMT April 21, 2020 Page 3 of 5 and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. No Council discussion ensued. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 02-2020, second reading. The motion carried 5-0. ITEMS FOR DISCUSSION 10. Discuss the City Manager position, as per Council consensus on February 18, 2020, and take any relevant action as advised by the City Attorney: Discussion ensued and included reasons for appointing and not appointing Mr. Morley now as the permanent City Manager, unanimous recommendation by City Directors in September 2019 to appoint Mr. Morley, postponement of making a decision until May and waiting until Council can meet in -person or until the COVID-19 emergency passes. City Attorney Garganese advised Council the COVID-19 Emergency may not be over by the next scheduled meeting in May and no action is required, but requested Council provide direction and clarification on whether it wants this Item on the Agenda by May or rather when the COVID-19 Emergency is over. Council reached consensus to wait until May and/or when the COVID-19 Emergency is over to make a decision on this Item. Discussion ensued regarding procedure to hire a new City Manager, waiting longer than the six months that Council previously set to make a decision to hire and how that decision came about. Mayor Hoog reaffirmed consensus reached by Council to wait until the ability to meet in person to make a decision on the Item. Mayor Hoog opened the discussion up for public comments. Don Willis spoke in favor of hiring Mr. Morley as City Manager. Jay Petty spoke in favor of hiring Mr. Morley and urged Council to make the decision to do so after already having him serve the six months as Interim City Manager. John Price stated the citizens have had more than six months to express their opinions and spoke in favor of hiring Mr. Morley now. Ray Osborne suggested Council Members get tested for COVID-19 and then meet. Discussion continued. City Attorney Garganese advised Council may decide whether it desires to appoint Mr. Morley and then be presented with a negotiated contract for consideration at another City Council meeting or whether it wants to conduct a search. Discussion continued regarding a contract, providing an equal opportunity for Staff and others to apply for the position, waiting an additional thirty -to -sixty days before making a decision on the Item, the excellent job done by Mr. Morley and possible ways to conduct a search including in-house. City Attorney Garganese clarified a Special Meeting may be conducted as long as advertising requirements are met, again advised Council needs to choose what action take, confirmed consensus is to make that decision in -person and no action needs to be taken now other than to direct Staff to bring back an Agenda Item to make the choice at an in -person meeting. A motion was made by Council Member Morrison, seconded by Council Member Kellum, that after the COVID Emergency, the City Council will meet in -person, in Council Chambers, to vote on whether to hire and appoint Todd Morley as the permanent City Manager or conduct a search. Discussion ensued. The motion passed 5-0. Discussion ensued as to whether a contract should be drawn up and ready within the next thirty days in anticipation of a face-to-face meeting. 11. Discussion on Reducing Fees and Regulations for the Community in response to Executive Orders related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison City of Cape Canaveral, Florida City Council Meeting — Regular CMT April 21, 2020 Page 4 of 5 explained the Item. Discussion ensued and included business tax receipts, a permit fee resolution coming to the City Council in May, how the State statutes on business tax receipts allows the City to reduce some fees, looking at ways to help restaurants and businesses, mobile vending as a way to sell products and services at a low cost and a way to create opportunities, signage ideas, concern for the community during the emergency, amending and reducing restrictions in the Code. City Attorney Garganese commented how electronic and digital signage is a complex issue and can have certain negative effects on communities and how the current prohibition of mobile vending in City may be preempted by the Florida Legislature and the Governor on July 1, 2020 at which time the City will have to address the Code of Ordinances. There being no comments from the public, discussion continued regarding surveying all City businesses, brick and mortar versus mobile vending, local versus non -local food trucks and vending, and Community Redevelopment funds being typically used for capital improvement projects. Council reached consensus for Staff to bring ideas back to the next City Council Meeting regarding reduction of fees and regulations. 12. Discussion Policy and Budget under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Administrative/Financial Services Director DeLeo advised Council that although revenues are falling, the City has stability going forward; a continuation of the COVID-19 situation through the summer will cause significant negative results to the City; the current 3.2 million dollars in reserves are in place to pull the City through crisis if needed. Discussion ensued and included how Council will not want to raise taxes, the upcoming hurricane season, question as to whether the City should continue to operate under the Civil Emergency, the City of Jacksonville, Florida and the State of Georgia reopening, the need to follow the Governor's Emergency Orders, being sensitive to residents' concerns, pros and cons for steps moving forward. City Attorney Garganese advised the City's Emergency Declaration and Orders are subject to and predicated by the Governor's Executive Emergency Orders, effective until April 30, 2020 unless otherwise extended; in addition, the City is also subject to Brevard County's Emergency Order and the City would still be under State and County Emergency Orders regardless of lifting the local emergency measures. Mayor Hoog opened the discussion to public comments. Felicity McDonald, 319 Adams Avenue, shared observations of and suggestions for pop-up and electronic sign placement, expressed favor for supporting businesses during COVID-19 and thanked the Council for their efforts. Canaveral Fire Rescue Chief Sargeant pointed out local emergency declarations measures should stay in place for as long as possible to keep -the City eligible for FEMA assistance and voiced support for keeping Todd Morley as the City Manager. REPORTS Mayor Pro Tem Brown thanked citizens for practicing social distancing, reported possible changes in rules for playing Little League Baseball and thanked Staff for everything. Council Member Kellum expressed appreciation to Staff for the flowers at Harbor Heights and Wagner Park, thanked citizens for social distancing and recognized first responders for doing a great job, especially for efforts in trying to save the life of her brother. City of Cape Canaveral,Florida City Council Meeting — Regular CMT April 21, 2020 Page5of5 Council Member Morrison expressed condolences for Council Member Kellum and her family, thanked Council and Staff for working to get more access to the virtual meetings, expressed interest in drafting policies on virtual meetings and defining civil emergencies, thanked a local business for the generous donation of hand sanitizers distributed out to the. community with assistance from Staff, commented on issues and concerns surrounding the seven-day minimum not being honored by short-term vacation rental property owners in the .City and called for proactive measures to be taken and requested a report on the enforcement procedures taken by the Staff. Council Member Raymond expressed appreciation for Staff and the Mayor for the job done during the COVID-19 Emergency, expressed pride for the residents for being respectful and responsible, commented there should be no rush in opening up beach parking, reported Space Coast League of Cities Board of Directors activities, commented on how much safer State Road A1A has been due to the decrease in traffic, inquired when the groundbreaking will occur for the Multi - generational Center and inquired about which City won the Mayors' Fitness Challenge. Mayor Hoog commented on the short-term vacation rentals history in the City Code and indicated activity, regulation and enforcement issues that have gotten out -of -hand and need to be addressed in the City. Interim City Manager Morley reported the City is working with the City of Cocoa Beach on a business re -launch initiative with Staff from both cities working together on the campaign and stated there is no official word yet on the winner of the Mayors' Fitness Challenge, thanked Council for their compliments and confidence in his performance, provided clarification that City Parks are open, the City is not under quarantine but rather an advisory to stay home, the closing of beach parking was done to try to reduce the amount of people visiting the beach and shared information received regarding where people are parking to go to the beach, citations issued and some trespassing on private property. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:12 PM. CANAVAS •� Bob Hoog, Mayor Mia Goforth, City' Clerk From: Brad Pervell To: Info Subject: 4-21-20 For Todays City Council Meeting Date: Tuesday, April 21, 2020 9:37:47 AM Good Morning My question/comment is as follows - The southside & northside parking lots of the Little League Baseball field has become beach parking every weekend - every space taken. We observe carloads (yes) of fisherman (ok), Bikes being unloaded (ok), couples for a walk? (ok) HOWEVER the majority of the cars are off loaded with beach chairs, blankets, coolers, wagons with kids toys, etc. (sunbathers obviously - not ok as per "rules"). When we live in CC , we wouldn't need to park "in this new beach parking area" - we would walk or ride our bikes to the beach. So my question is how are you/we enforcing our shelter at home program for the beach to keep us safe? Why can't our citizen patrol work on the weekends to enforce these new beach rules? You have sent 18+ emails to the community about the situation regarding COVID 19. Obviously, you want to keep us safe, and you communicate this well - so please do it completely. The solution is to close off all park parking except for 2 or 3 parking spaces (for fishers, walkers, bikers - trust me THAT is enough based on observations) - with non movable barriers. We know you want us to be safe - we want to be safe - please help us be safe. Looking forward to your resolution and response. Sincerely Brad Pervell PS - And I do vote. From: Sent: To: Subject: Public Participation M Smith <smithmel1966@gmail.com> Tuesday, April 21, 2020 3:32 PM Public Comments Council Meeting 4/21/2020 The citizens of Cape Canaveral are expected to follow the City Ordinances. The members of the City council are expected to follow the City Ordinances. There was a question at the special meeting about why Council was not involved in the declaration of emergency. The Mayor's answer was adequate until he offered he has made other declarations without the required Council involvement multiple times. Mr. Mayor, will you please expand on your disregard for the words in the ordinance and explain the other circumstances in which you unilaterally made a declaration without Council involvement. In the same video Mr. Mayor you referred to the Council as "My Council." Respectively, the Council is not your Council, rather the elected representatives of the Citizens of Cape Canaveral. In the special meeting on the 14th of April, the Mayor stated more than once that there have been 3, 4 or 5 deaths in Cape Canaveral from Covid —19. What is the source of that information? Ms. Raymond declared "Most people do not read" in support of her position on the 500 dollar beach access parking fine. I find that statement just offensive and an insult to the Citizens of Cape Canaveral. Would Ms. Raymond like to apologize or clarify her statement for the "stupid and uninformed?" Ms. Raymond also claims other cities use Cape Canaveral as an example of being responsible during this time. What cities, what venue, what real verifiable thing justifies your remark Ms. Raymond? Thank you for your attention. Mel Smith 211 Caroline Cape Canaveral 258 words Smithmel1966@Gmail.com 1 address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 Sent: To: Cc: Subject: Tuesday, April 21, 2020 10:27 AM Public Comments Stephanie Johnson Public Comment Registration Meeting Date = 04/21/2020 Board Name = City Council Agenda Item Number = 10 Topic = City manager First = Don Last Name = Willis Resident = true Street Address = 8984 Puerto Del Rio City = Cape Canaveral Zip Code = 32920 Public Comment Statement = I would like to ask the City Council to remove the interim label and install Todd Morley as the City Manager for Cape Canaveral. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i