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Home My WebLink Aboutcocc_council_mtg_minutes_20210727_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday July 27, 2021 1:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 1:00 P.M. and 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: City Manager City Attorney City Clerk Administrative/Financial Services Director HR/Risk Management Director Cultural + Community Affairs Director Leisure Services Director Public Works Services Director Deputy City Clerk Dep. Community & Economic Dev. Dir./Sustain. Mgr. Senior Planner Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. AGENDA ITEMS: Todd Morley Anthony Garganese Mia Goforth John DeLeo Melinda Huser Molly Thomas Gustavo Vergara James Moore Daniel LeFever Zachary Eichholz Brenda Surprenant Andrew Walters Brett Lockhart 1. Discussion and any action deemed necessary related to the 2021 Municipal Election and the Method of filling two City Council vacancies, which will occur on November 16, 2021, as a result of Council Members Brown's and Morrison's decision to resign to run: City Attorney Garganese explained the Item, the current situation prompted by two Council Members' decision to submit letters of resignation to City Clerk Goforth and expeditious action needed if Council decides to give voters the right to choose who will serve the unexpired terms of Council Member Brown and Council Member Morrison come November 16, 2021. Discussion ensued and included similar actions taken in 2015 related to that race for Mayor, Council will need to make temporary appointments until the next General Election in 2022 for one or both vacancies if no action is City of Cape Canaveral, Florida City Council Special Meeting • July 27, 2021 Minutes • Page 2 of 2 taken, an emergency ordinance to declare a special election is required in order for both elections to occur at the same time and support for an emergency ordinance to declare a special election. City Attorney Garganese advised that due to there being no scheduled election for the City Council seats, the ground rules under which and for the election to occur require immediate action by the Council; this is because the City's election Qualifying Period begins at noon, Monday, August 2, 2021 and the Brevard County Supervisor of Elections Office advised the ballot language deadline is Monday, August 16, 2021. Discussion ensued and included the immediate effective date of Ordinance No. 34-2021, there being no statutory limit and various typographical errors to be corrected prior to execution of the draft, emergency Ordinance. The Public Hearing was opened. John Bond, resident and former Council Member, inquired how the vacancies would be filled on the ballot. City Attorney Garganese advised the ballots are structured separately, the person with the most votes wins the two-year, unexpired Council term and second highest vote - getter wins the one-year, unexpired Council term. The Public Hearing was closed. Discussion ensued on the possibility of a tie, drawing lots, amending the Code prior to the next Mayor's race and Council action requires a two-thirds vote in order to pass. Mayor Hoog called for Council Members to read in silence, all related emails (attached herewith) submitted to the Council prior to the Meeting. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to adopt emergency Ordinance No. 34-2021. The Motion carried 5-0. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:00 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk SEAL of Cape Canaveral, Florida 7/27/2021 Mail - Daniel LeFever - Outlook Fwd: Emergency meeting Wes Morrison <W.Morrison@cityofcapecanaveral.org> Tue 7/27/2021 11:23 AM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Daniel LeFever <D.LeFever@cityofcapecanaveral.org> This was sent to the entire Council but want to make sure you received it. Wes Morrison City Council Member City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.CityOfCapeCanaveral.org Begin forwarded message: From: Gary Rickle <sailtime@hotmail.com> Date: July 27, 2021 at 9:45:40 AM EDT To: CouncilMembers <CouncilMembers@cityofcapecanaveral.org> Subject: Emergency meeting Reply -To: sailtime@hotmail.com Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Please approve the emergency ordinance 31-2021. Thanks, Gary Virus -free. www.avg.com 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. 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. https://outlook.office365.com/mail/inbox/id/AAQkAGRhMTdlYzVILTIjYzAtNDk2MC1 hNDFiLTgxZWExZjdiNDA2YQAQAPALx94EbzFOkwQuvNQAum4... 1/1 Mia Goforth From: Mia Goforth Sent: Tuesday, July 27, 2021 11:22 AM To: CouncilMembers Cc: Daniel LeFever; Todd Morley; Anthony Garganese; Lisa Day Subject: FW: Linda Zaitz - Public Comment email - DO NOT REPLY ALL Importance: High DO NOT REPLY ALL Good morning Mayor and Council, Please see the email below forwarded to the City Clerk's Office. Should the Chair request it to be read aloud, Daniel will have it ready for viewing on screen. Thanks! Mia Mia Goforth, CMC City Clerk + Records Custodian + ADA Coordinator City of Cape Canaveral (321) 868-1220 x207 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: linda zaitz <lzaitz@cfl.rr.com> Date: July 27, 2021 at 10:58:33 AM EDT To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Today's meeting Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Good morning, please make note, as a citizen of Cape Canaveral, I am opposed to the proposed change to the way we will vote for the Mayor and the council. I prefer each position be voted on. The ballot should contain a vote for Mayor of Cape Canaveral and a vote for City council. Thank you Linda Zaitz 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 1 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. 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. 2 7/27/2021 Mail - Daniel LeFever - Outlook Fwd: Emergency Council Meeting TODAY Wes Morrison <W.Morrison@cityofcapecanaveral.org> Tue 7/27/2021 12:08 PM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Daniel LeFever <D.LeFever@cityofcapecanaveral.org> Begin forwarded message: From: Michele Trapasso <mtraps@hotmail.com> Subject: Emergency Council Meeting TODAY Date: July 27, 2021 at 11:55:39 AM EDT To:"councilmembersCa@cityofcapecanaveral.org"<councilmembers@cityofcapecanaveral.org> Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Please approve the proposed emergency ordinanace 34-2021 which we assume will allow the registered voters of Cape Canaveral to vote and elect the mayor separately from the 2-council seats on 11/2/2021. I want the same opportunity the voters were given in 2015 and DO NOT SUPPORT ANY DECISION THAT ALLOWS THE COUNCIL TO APPOINT OUR LOCAL REPRESENTATIVES! Michele Trapasso 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. 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. https://outlook.office365.com/mail/inbox/id/AAQkAGRhMTdIYzVILTIjYzAtNDk2MC1 hNDFiLTgxZWExZjdiNDA2YQAQAEG6HB%2FhZ3xNj4kpJQ%2Bil... 1/1 Mia Goforth From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Tuesday, July 27, 2021 12:19 PM To: Bob Hoog; Wes Morrison; Angela Raymond; Mickie Kellum; Mike Brown; Todd Morley; Mia Goforth Subject: "Special Meeting" Public comments Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Having a meeting on a critical subject like council replacements in the middle of workday with only minimal notice is nothing more than a covert mechanism to restrict public participation. I would like council to ensure that replacements are selected by a vote in the November 2 election with candidates listed and voted for by position. 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. 1 Mia Goforth From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Tuesday, July 27, 2021 12:29 PM To: Bob Hoog; Mike Brown; Mickie Kellum; Wes Morrison; Angela Raymond; Mia Goforth Subject: Special Meeting Public Comment Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Council, please vote in support the 34-2021 ordinance. 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. 1