HomeMy WebLinkAboutcocc_council_mtg_minutes_20210921CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday •
September 21, 2021
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 p.m. Council Member Brown led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor
Council Member
Council Member
Mayor Pro Tem
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison (arrived 6:03 p.m.)
Angela Raymond
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development Director
Cultural and Community Affairs Director
Human Resources/Risk Management Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Dep. Community & Economic Dev. Dir./Sustain. Mgr.
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Canaveral Fire Rescue Deputy Chief
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Melinda Huser
Gustavo Vergara
James Moore
Daniel LeFever
Zachary Eichholz
Andrew Walters
Brett Lockhart
Dave Sargeant
Derek Yossifon
PUBLIC PARTICIPATION: Steven Stroud, resident, Planning and Zoning Board Member and River
Gardens HOA Member, discussed concerns regarding the Florida Department of Transportation
roadway redesign plan/proposal for State Road A1A, urging Council to join in with citizens
interested in changing the design including potential negative impacts to Long Point Road, Sunset
Court, Evelyn Court and King Neptune Lane access.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring the month of October as "Fire Prevention Month" to
Canaveral Fire Rescue Chief Dave Sargeant: Mayor Hoog presented the Proclamation to Chief
Sargeant Mayor Hoog then joined Council and Staff with a surprise presentation of The David J.
Sargeant Fire Station Dedication Plaque honoring his exemplary service to the City, dedicating
City of Cape Canaveral, Florida
City Council Regular Meeting • September 21, 2021
Minutes • Page 2 of 5
Fire Station #53 to Chief Sargeant. Chief Sargeant thanked the Council, paid homage to those
who started the Cape Canaveral Volunteer Fire Department back in 1962 and the current
partnership of the Canaveral Port Authority's role in the success of Canaveral Fire Rescue. A
birthday card from former City Council Member/Mayor Pro Tem Joan Calvert was presented to
Chief Sargeant and read aloud by City Manager Morley.
Presentation of Proclamation declaring the week of September 20 — 24, 2021 as "National Clean
Energy Week" in the City of Cape Canaveral to Community and Economic Development Deputy
Director and Sustainability Manager Zachary Eichholz: Mayor Hoog presented the Proclamation
to Mr. Eichholz who thanked Council for support of the initiative and reported the status of the
City's first roof -top solar installation.
Interview Applicant for appointment to the Community Appearance Board. (Angela Trulock):
City Attorney Garganese confirmed the information contained in Ms. Trulock's application to be
true and correct. Ms. Trulock provided background information and reasons for her desire to
serve. The Council thanked Ms. Trulock.
CONSENT AGENDA: Mayor Hoog asked if there were any Items that need to be removed.
Council Member Kellum removed Items 2 and 7.
1. Approve Minutes for August 17, 2021 Budget Workshop and Regular City Council Meeting
and September 7, 2021 Special Meeting.
2. Resolution No. 2021-13; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as
Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions,
severability and an effective date.
3. Resolution No. 2021-14; authorizing an addendum to the Contract for Fire Protection and
Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape
Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
4. Resolution No. 2021-16; authorizing the establishment of a City operated and maintained
Police Athletic League program as an additional component of the City's Leisure Services
Department; declaring that the Police Athletic League program established hereunder
serves a municipal and public purpose; establishing an accounting procedure and Police
Athletic League program fund for purposes of accepting charitable contributions and
other donations related to the Police Athletic League program; providing goals and other
requirements of the Police Athletic League program; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
5. Resolution No. 2021-17; reappointing a Member to the Culture and Leisure Services Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Larry Holmes)
6. Resolution No. 2021-18; appointing a Regular Member to the Community Appearance
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions, severability and an effective date. (Angela Trulock)
7. Approve Contract for Purchase and Sale to purchase property located at 7404 N. Atlantic
Avenue in the amount of $925,000 (plus City pays all closing costs) and authorize Mayor
to execute same.
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City Council Regular Meeting • September 21, 2021
Minutes • Page 3 of 5
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond,
to approve Consent Agenda Items 1, 3, 4, 5 and 6. The motion carried 5-0.
2. Discussion ensued and included cost calculations in providing law enforcement service to
Brevard County's unincorporated area, Avon -by -the -Sea. Finance Director DeLeo explained
Brevard County Sheriff's Office Finance requires criteria based upon the Cost Performance Index
value of 1.65 for their budgetary figures. Commander Walters indicated calls to that area do not
negatively impact service levels to the City. A motion was made by Council Member Morrison,
seconded by Council Member Kellum, to adopt Resolution No. 2021-13. The motion carried
5-0.
7. Discussion ensued and included support for and against the Item, appraisal, closing costs,
terms of the negotiations, debt, Council emails received from individuals against the Item,
greenspace, Item should not have been placed under Consent Agenda, support for and against
the Promenade Project, small improvement projects, the CRA, community involvement, the CRA
Board's unanimous approval of the Promenade Project via adoption of the CRA Budget
Resolution, building for the future, the City's low tax rate, 2009 Visioning, new Visioning planned
soon, request for consensus to allow the existing tenants to stay in the building, opposition to
Seller request for a marker to be placed on the property indicating community partnership
between the City and the Seller. City Attorney Garganese advised Council, regarding Section 3.2
Existing Tenants, City responsibilities, if the tenants do not vacate prior to the Closing including
managing tenants which could result in eviction, and why the City should take ownership without
tenants in the property. Discussion ensued and included allowing tenants to stay after the City
takes ownership, legal structure to provide tenant vacation, striking the Seller's marker request
from the agreement, and no exemption for ad valorem taxes to be paid by the City for the
property. City Attorney Garganese advised Council on an alternative to approve the Agreement
with a revision to Section 3.2 Existing Tenants for month -to -month, not to exceed twelve -months,
lease. William Scharlau, owner of the Property, discussed efforts made to relocate the building
tenants, investments made to improve the Property which have been halted, but which will resume
should this agreement not be approved, and confirmed approval to amend the two provisions
being discussed. Council thanked Mr. Scharlau for the cooperation. Discussion ensued and
included the Promenade Project, citizen engagement, community blight, potential referendum,
voting against the Budget, voting for the Promenade Project in one meeting and then against it
in the next, the Council Code of Conduct, violation of Florida's Sunshine Law, and multiple
opportunities provided to the citizenry to engage and attend public meetings. Kay Jackson,
resident and property owner, discussed the City's responsibility to provide services to the City as
opposed to generating revenue, flooding issues in the City and running for City Council.
Discussion continued over the costs of the Promenade Project versus poor maintenance of
Veterans Memorial Park, maintenance of new projects, flooding and helping residents; wastewater
and stormwater upgrades which are listed in the Budget including the Center Street Basis Study,
request to workshop the Item in October and delaying the Item. A motion was made by Mayor
Pro Tem Raymond, seconded by Council Member Brown, to approve the Contract for
Purchase and Sale to purchase property located at 7404 N. Atlantic Avenue, with the
amendments. The motion carried 3-2, with Council Members Kellum and Morrison voting
against.
Mayor Hoog recessed the meeting at 8:00 p.m. The meeting reconvened at 8:13 p.m.
City of Cape Canaveral, Florida
City Council Regular Meeting • September 21, 2021
Minutes • Page 4 of 5
Council Consensus was reached to allow a Public Participation request to speak regarding
Council Behavior. Katie Morrissey, resident, property owner and business owner, expressed pride
for the work of the City Council, the decision to stop coming to Council Meetings two years ago
due to argumentative and unpleasant behavior of a Council Member which contributed to
unreasonably long meetings, and urged Council to work as a team, being respectful of time, each
other and the community.
PUBLIC HEARINGS:
8. Ordinance No. 27-2021; amending section 58-1 of the City Code related to local public
notices for Future Land Use Map amendments; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date,
second reading: City Attorney Garganese read the title into the record and explained the Item.
Discussion ensued and included pros and cons of certified mail notification and providing
alternative options to receive notices. The Public Hearing was opened. A motion was made by
Council Member Brown, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No.
27-2021, at second reading. The motion carried 3-2, with Council Members Kellum and
Morrison voting against.
9. Ordinance No. 35-2021; amending Section 38-33 of the City's Fire Prevention and
Protection Code related to private entry gates; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date,
second reading: City Attorney Garganese read the title into the record and noting no changes
were made to the Item since first reading. There being no discussion, the Public Hearing was
opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor
Pro Tem Raymond, seconded by Council Member Kellum, to adopt Ordinance No. 35-2021,
at second reading. The motion carried 5-0.
10. Ordinance No. 37-2021; amending the definition of a City park set forth in Section 54-1
of the City Code, 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. There being no discussion, the
Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion
was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to approve
Ordinance No. 37-2021, at first reading. The motion carried 5-0.
11. Ordinance No. 39-2021; adopted in furtherance of the requirement set forth in Section
2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $1,200,000 Capital
Improvement Revenue Note, Series 2021, of the City to finance the cost of the purchase of the
Promenade and related capital improvements and Cost of Issuance; providing for the Series
2021 Note to be secured by the City's Public Service Tax, Half -Cent Sales Tax, Guaranteed
Entitlement, Communications Services Tax and certain Franchise Fees; authorizing the City's
financing team to proceed to develop necessary documents; providing for the repeal of prior
inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and
resolutions in conflict herewith, severability and an effective date, first reading: City Attorney
Garganese read the title into the record. Discussion ensued and included support for and
opposition to the Item, Capital Improvement costs related to environmental assessment,
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City Council Regular Meeting • September 21, 2021
Minutes • Page 5 of 5
demolition and design fees. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council
Member Brown, to approve Ordinance No. 39-2021, at first reading. The motion carried 3-
2, with Council Members Kellum and Morrison voting against.
REPORTS:
Council Member Morrison requested Council consider bringing back virtual two-way, public
participation during City Council Meetings. Discussion ensued and included reasons Council
authorized discontinuation of the virtual meeting software platform in June, citizen concern over
COVID-19, extra Staff, costs and time necessary in using such software again and desire for
reactivation at Council's October Regular Meeting or sooner. City Attorney Garganese provided
procedural advice on making motions on the items being discussed. Council reached consensus
for Staff to research time left on the GoToWebinar contract and provide information related
to why Council discontinued the practice at its June Regular Meeting. A motion was made by
Council Member Morrison, seconded by Council Member Brown, to bring back an Agenda
Item for October to consider renewing the contract for GoToWebinar or some other
application. Discussion continued regarding City Manager Morley's confirmation to provide the
requested information via email to Council before the September 22, 2021 Special Budget
Hearing Meeting, cancellation due to low public participation on GoToWebinar, importance of
public engagement versus cost, sound quality and glitches in technology and desire to go live in
October. The motion carried 5-0.
Mayor Pro Tem Raymond discussed the Space Coast League of Cities Scholarship Program,
encouraged applying for the Scholarship, the League's Legislative Priorities, and plans to address
the Brevard Legislative Delegation on September 29, 2021 regarding municipal elections,
municipal charters and protecting Home Rule.
City Manager Morley discussed the City sign code in relation to election season.
ADJOURNMENT: The Meeting was adjourned at 8:55 p.m.
Bob Hoog, Mayor
Mia Goforth, City Clerk
SEAL
City of Cape Canaveral, Florida