HomeMy WebLinkAboutcocc_council_mtg_minutes_20220118_530specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
January 18, 2022
5:30 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:31 p.m, and stated the Meeting would
come to a hard stop at 6:00 p.m. for the Regular City Council Meeting. Council Member Davis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Kim Davis
Mayor Pro Tem Mickie Kellum (arrived 5:35 p.m.)
Mayor Wes Morrison
Council Member Angela Raymond
Council Member Don Willis (via GoToWebinar)
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Community and Economic Dev. Director
Capital Projects Director
Cultural + Community Affairs Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Executive Assistant to the City Manager
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Dave Dickey
Jeff Ratliff
Molly Thomas
Gustavo Vergara
James Moore
Daniel LeFever
Lisa Day
Brett Lockhart
PUBLIC PARTICIPATION: Bruce Robertson, resident, discussed opposition to the City purchase of
property located at 7404 N. Atlantic Avenue. Sarah Hodge, property owner, discussed opposition
to the City purchase of property located at 7404 N. Atlantic Avenue. Scott Holmes, resident and
property owner, discussed opposition to the City purchase of property located at 7404 N. Atlantic
Avenue. Peggy Green, resident, discussed opposition to the City purchase of property located at
7404 N. Atlantic Avenue. Andrew Dodge, discussed the Civic Hub project, whether the City could
extricate itself from the purchase of the property located at 7404 N. Atlantic Avenue without harm
and concern for current tenants. David Slaiman, resident, discussed opposition to the Civic Hub
project. Patrick Campbell, resident, discussed opposition to the Civic Hub project. Patricia Dugan,
resident, discussed opposition to the Civic Hub project. Discussion ensued regarding continuing
the Meeting past 6:00 p.m., and how the Council Code of Conduct should not be broken
continuing to debate an Item that was already approved. City Attorney Garganese advised going
fifteen minutes over is acceptable. Mayor Morrison stated the Regular Meeting will start at 6:15
City of Cape Canaveral, Florida
City Council Special Meeting • January 18, 2022
Minutes • Page 2 of 3
p.m. Gwendolyn Hagar, resident, discussed not having heard about the City's desire for such a
project over the years. Catherine Quellette, resident, discussed opposition to the Civic Hub Project
and concerns over debt. John Stevely, resident, discussed opposition to purchase of the property
located at 7404 N. Atlantic Avenue. Lillian Myers, resident, discussed need for and support of
businesses and more amenities to attract people to the City, and the need to pause long enough
to communicate more about the Civic Hub Project to citizens. Charles Kilgore, resident, discussed
a need to examine what the business model and return on investment for the Project is and
support for managed business growth. Sean Fitzgerald, resident, discussed desire to learn more
about the Civic Hub Project.
DISCUSSION:
1. Discuss the status of the Civic Hub project/7404 N. Atlantic Avenue: City Manager
Morley provided a summary of the Item and stated there will be a future workshop on the design
and use of the facility. Discussion ensued and support and opposition for the Project, the Project's
approval and support to move forward, the City's Council -Manager form of government, costs
related to elected officials contacting the City Attorney, disappointment over amount of time for
discussion, questions and concerns regarding the previous owner's asking price for purchase of
the property, comparisons of the Project to other needs/costs in the City, the legal process and
procedure for purchasing 7404 N. Atlantic Avenue, Mayor Morrison's poll of the City Council
regarding his suggestion to direct City Attorney Garganese draft a memorandum confirming the
purchase of the property is compliant with State law before moving forward and counter debate
regarding same. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem
Kellum, to direct the City Attorney to provide a memo, before closing, on compliance with
State Law Section. Discussion continued regarding dropping the issue if the memo confirms the
purchase to have been done properly, whether the Comprehensive Plan needs to be included for
citizen input, how citizen input was gathered regarding support for more greenspace at the first
Community Visioning Meeting, and City Attorney Garganese' statement that he is well aware of
State statute and will provide the memo as directed. Mayor Morrison restated the motion to
direct the City Attorney to provide a memo on the process and procedures we (City Council)
followed to purchase the Promenade (Civic Hub) property in respect to State Law, Section
166.045 and Attorney General Opinion 90-53. The motion carried 3-2, with Council
Members Davis and Raymond voting against. Shannon Roberts, resident, discussed how the
timing was not right in the past to purchase the commercial property, praised Council approval
of the Project and a desire to understand second-guessing of Council decisions.
Council reached consensus to continue the meeting at 6:52 p.m.
2. Status update regarding City Council's offer to reimburse relocation expenses incurred
by the tenants, Hair Port Salon and Iteck, related to the City's acquisition of 7404 N. Atlantic
Avenue, and consider approval of the counteroffer submitted by Hair Port Salon, and provide
such other related direction as deemed necessary by City Council: City Manager Morley
explained the Item. Discussion ensued and included budgeted funds to reimburse the tenant,
American Rescue Act funds, support for providing relocation expenses to the tenant and pros and
cons of applying relocation expenses to reduce the purchase price of the property. A motion
was made by Council Member Raymond, seconded by Council Member Davis, to approve
City of Cape Canaveral, Florida
City Council Special Meeting • January 18, 2022
Minutes • Page 3 of 3
the counteroffer submitted by Hair Port Salon, and to issue relocation assistance of $5,000
after closing. City Attorney Garganese reviewed City Council actions leading to today, Hair Port
Salon found another location and has relocated, Iteck found another place and has not yet
relocated. Discussion ensued and included how liability was taken off the owner and put on the
City and the pros and cons of the Item. Shannon Roberts, resident, discussed support for the
motion. Joe Abreu, resident, urged the Council to wait until the closing before approval of the
counteroffer from the tenant. Nelson Rivera, Hair Port Salon, discussed challenges of moving the
salon, luck of finding a new location and waiting to open upon State approval. Bruce Robertson,
resident, discussed the Agenda Items and what the Council owes the tenants. Patricia Dugan,
resident, discussed opposition to the Item. Gwendolyn Hagar, resident, discussed opposition to
the Item. Discussion ensued and included timeline for payment to the Hair Port Salon, timeliness
of the payment related to Iteck and the real estate closing schedule. Sam Green, property owner,
discussed opposition to the Item. Discussion continued regarding Council direction to Staff on
when to release funds to both Hair Port Salon, which has relocated, and Inteck which has not yet
relocated and potential risk to the City while the tenant remains on the property. The motion
carried 3-2, with Mayor Morrison and Council Member Willis voting against.
3. Status update regarding City Council's offer to reimburse relocation expenses incurred
by the tenants, Hair Port Salon and Iteck, related to the City's acquisition of 7404 N. Atlantic
Avenue, and consider approval of the counter proposal submitted by Iteck, and provide such
other related direction as deemed necessary by City Council: Mayor Morrison explained the
Item. Discussion included timeline to reimburse Iteck. Smaily Ochoa, Iteck, discussed status of his
business decision to move to another location within the City and inability to provide a definite
date to move out. Discussion ensued and included direction to City Manager Morley to work with
Mr. Ochoa to come to an agreement regarding the deadline to move out no later than January
26, 2022. A motion was made by Council Member Raymond, seconded by Council Member
Davis, to approve the counteroffer submitted by Iteck, and to issue relocation assistance of
$5,000 after closing. Discussion ensued and included confirmation by Staff to work with Mr.
Ochoa to come to an agreement regarding his responsibility to move out before the closing.
Nelson Rivera, Hair Port Salon, discussed concerns if the sale does not happen. City Manager
Morley confirmed Staff is confident the Seller wants to sell by the closing date. Charles Kilgore,
resident, inquired about the assignment of risk and Iteck's lease with the Owner/Seller. City
Manager Morley confirmed Mr. Ochoa is not protected by a lease with Owner/Seller, having
agreed to operate that way for some time. Gwendolyn Hagar, resident, thanked Mr. Ochoa for
deciding to continue business in the City and expressed desire for the City to help him in the
transition. The motion carried 3-2, with Mayor Morrison and Council Member Willis voting
against.
ADJOURNMENT: Mayor Morrison called for a fifteen minute recess. There being no further
business, the Meeting adjourned at 7:58 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL of Cape Canaveral, Florida