HomeMy WebLinkAboutcocc_council_mtg_minutes_20220315CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
March 15, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development Director
Leisure Services/Community Affairs Director
Public Works Services Director
Deputy City Clerk
Deputy Community and Economic Dev. Director
Projects and Parks Administrator
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Sergeant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Dave Dickey
Molly Thomas
James Moore
Daniel LeFever
Zachary Eichholz
Gustavo Vergara
Byron Keck
Jason Knepp
PUBLIC PARTICIPATION: Peggy Eamer, resident, discussed opposition to the Florida Department
of Transportation State Road A1A Roundabout Project, and urged for another way to handle the
intersection.
PRESENTATIONS/INTERVIEWS:
Presentation by Florida Department of Transportation (FDOT) regarding State Road (SR) A1A
improvements: FDOT District 5 Roadway Design Supervisor Lori Trebitz made introductions
including District 5 Secretary Jared Perdue, Design Engineer Jeff Cicerello, Consultant Project
Management Engineer Ed Kestory, Traffic Studies Engineer Zach Zalneraitis and Government
Liaison Anna Taylor; and led the Presentation to Council. Discussion ensued and included the
amount of pushback from the community against the Roundabout Project, the need for feedback
from citizens for and against the Projects, a request for comparative statistics related to the cities
included in the Presentation, FDOT's explanation as to why traffic signals and lowered speeds
alone do not change driver behavior, and purpose for both Projects in the north and south ends
of SR A1A. City Manager Morley stated his office will coordinate FDOT presentations for
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City Council Regular Meeting • March 15, 2022
Minutes • Page 2 of 5
homeowners associations and other groups interested in the opportunity. Council thanked the
FDOT District 5 group. Bill Hodge, property owner, discussed opposition to the Project. Peggy
Eamer, resident, called for more law enforcement.
Interview Applicants for appointment to the Board of Adjustment. (Stephen Slaton and George
Weber): City Attorney Garganese confirmed information contained in Mr. Slaton's application to
be true and. correct. Mr. Slaton discussed interest in serving on the Board. Council thanked Mr.
Slaton. City Attorney Garganese confirmed information contained in Mr. Weber's application to
be true and correct. Mr. Weber discussed interest in serving on the Board. Council thanked Mr.
Weber.
Mayor Morrison discussed and requested to add an Item to the Agenda at the beginning of
discussion: Consider becoming the first City in the State of Florida to be a member of the "Friends
of the Indian River Lagoon" which is a partnership with the Marine Resources Council. A motion
was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to add the Item
to the Agenda. The motion carried 5-0.
CONSENT AGENDA: Mayor Morrison inquired if any Items needed removal. Council Member
Willis removed Item 6. Mayor Pro Tem Kellum removed Item 7.
1. Approve Minutes for February 15, 2022 Regular City Council Meeting.
2. Resolution No. 2022-03; adopting amendments to the Annual General Fund and Capital
Construction Funds, to reconcile the fund balance in the 302 Capital Construction Fund
which was previously used to manage/collect costs during the construction of the new
Cape Canaveral Fire Station and the new City Hall for the budgets for the fiscal year
beginning October 1, 2021, and ending September 30, 2022; providing for the repeal of
prior inconsistent resolutions and an effective date.
3. Resolution No. 2022-04; appointing Members to the Board of Adjustment of the City
of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability
and an effective date. (Stephen Slaton and George Weber)
4. Resolution No. 2022-05; reappointing an honorary Poet Laureate for the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date. (Timothy Bass)
5. Approve the Interlocal Agreement with respect to voting representation on the Space
Coast Transportation Planning Organization (SCTPO) between the City of Cocoa Beach
and the City of Cape Canaveral and authorize the Mayor to execute same.
6. Approve Proposal from Tetra Tech in the amount of $65,689 to complete a Canaveral
Drainage Basin Stormwater System Study and authorize City Manager to execute same.
7. Approve the City of Cape Canaveral Community Center (COCCCC) Fees.
A motion was made by Council Member Willis, seconded by Council Member Raymond, to
approve Consent Agenda Items 1 through 5. The motion carried 5-0.
#6 Council Member Willis explained the reason for removing the Item. City Manager Morley
provided an update regarding recent stormwater backups due to fallen Oak leaves in the City
storm drains as a result of heavy rainstorms, explained the emergency, short-term, mid-term and
long-term solutions to address stormwater flooding to include the emergency trailer -mounted
pump at Center Street, the short-term solution to move forward with a bid project for a
permanent, automatic pump with a back -flow prevention tidal valve for Center Street, mid-term
solution to purchase properties to be used for stormwater collection and run-off, and the long-
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City Council Regular Meeting • March 15, 2022
Minutes • Page 3 of 5
term solution to include a stormwater outfall reduction target in the Presidential Streets Master
Plan. Council Member Willis proposed creating an exfiltration project with vaulted chambers
beneath property the City currently owns at 7404 North Atlantic Avenue to include the racquetball
and shuffle board courts area. Discussion ensued and included favor for the ideas, presenting the
Presidential Streets stormwater outfall reduction plan at the Strategic Planning Retreat and desire
to see engineering studies prior to moving forward with a bid. Capital Project Director Ratliff
indicated he would share the final Engineer Report from Mead and Hunt as soon as he receives
it. City Manager Morley discussed upcoming community workshops planned by Staff to educate
about fertilizers, yard waste and stormwater runoff issues. Administrative/Financial Services
Director DeLeo explained all of the projects discussed are American Rescue Plan Act eligible for
Council to identify and approve in the amount of 5.2 million dollars. Discussion continued
regarding the importance of the stormwater issues and projects, the Civic Hub Project, and the
Strategic Planning Retreat on March 30, 2022. A motion was made by Council Member Willis,
seconded by Council Member Davis, to approve Agenda Item 6. The motion carried 5-0.
#7 Discussion ensued and included the proposed COCCCC Fee Schedule, facility rental fees,
non -rental fees, City fees related to recreation not been raised in the past nine years, Mayor Pro
Tem Kellum's proposal to provide a discount for residents, slight differences in other
municipalities fees, recreation fee schedule does not currently appear in the City Code, COCCCC
opening delayed due to construction supply chain issues, COCCCC is going to be state-of-the-art
compared to other facilities in Brevard County, establishing fees by resolution, Cherie Down Park,
hours of operation at the new facility and operation and maintenance costs. Betsy Ronk, resident
and property owner, discussed concerns regarding the proposed fees including whether they will
cover operating costs, proposed a resident be defined as anyone who lives within the City, how
to verify that information, and doubling non-resident rates. Mayor Morrison stated he would
forward an email received from Ms. Ronk to City Clerk Goforth. Parks, Recreation and Community
Affairs Department Staff discussed researching, setting fees and how Staff manages and monitors
activities at the Nancy Hanson Recreation Center. Council reached consensus to move forward
with a draft resolution adopting a COCCCC Fee Schedule.
Mayor Morrison recessed the Meeting at 8:13 p.m., the Meeting was reconvened at 8:25 p.m.
PUBLIC HEARING:
8. Ordinance No. 02-2022; establishing an Election procedure under Chapter 26 of the City
Code to be utilized to conduct Special Elections of the electors of the City to fill City Council
vacancies that may occur in the future as a result of one or more Council Members filing a
Notice of Resignation with a prospective effective date to run for a different office in
accordance with Florida's Resign -to -Run Law in instances when there is an intervening general
City election; providing that any such Special Election shall occur at the same time as the
regularly scheduled intervening General Election in accordance with the City Charter and City
Code; providing for conflicts, severability, incorporation into the Code, and an effective date,
first reading: City Manager Morley read the title into the record and explained the Item.
Discussion ensued and included the statutory time requirement incumbents would have to resign,
incumbents must resign to run for another office no later than ten days prior to the qualifying
period for an election, adoption of the Ordinance will allow the City Clerk's Office time to qualify
candidates to fill the vacancies for a special election to run concurrently with a general election,
and the measure would codify the procedures Council used in two previous mayoral elections.
The Public Hearing was opened. There being no comment, the Public Hearing was closed. A
City of Cape Canaveral, Florida
City Council Regular Meeting • March 15, 2022
Minutes • Page 4 of 5
motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to
approve Ordinance No. 02-2022, at first reading. The motion carried 5-0.
ITEMS FOR DISCUSSION:
ADD -ON ITEM: Consider becoming the first City in the State of Florida to be a member of the
"Friends of the Indian River Lagoon" which is a partnership with the Marine Resources Council:
Mayor Morrison explained the Item and Marine Resources Council (MRC) Indian River Lagoon
Report Card Unveiling Event scheduled for Monday, March 21, 2022 in Council Chambers. MRC
Marketing Director Stephen Sharkey discussed the Indian River Lagoon Report Card's impacts
within five counties including Brevard, building communication and funding partnerships,
opportunity for the City to become a "Friend of the Indian River Lagoon", and helping in the goal
to expand the data set to see a full picture of how to repair the water body. Discussion ensued
and included MRC efforts to seek additional partners, contacting State representatives, the City of
Cape Canaveral could be the first City to be a Friend of the Lagoon, Council unification regarding
importance of the Lagoon, state of the Indian River Lagoon and focus on a seagrass assembly to
identify what prevents it from growing and what kills seagrass, targeting low -impact building
codes and ordinances, and support for a donation from the City. City Manager Morley discussed
Staff coordination of the donation. A motion was made by Council Member Raymond,
seconded by Council Member Davis, that the City of Cape Canaveral should be the first to
be Friends of the Indian River Lagoon by donating $1,000. Discussion ensued regarding the
$1,000 donation being good for the City's first time and possible desire to continue donating. The
motion carried 5-0.
9. Establishing a residency requirement for candidates seeking to qualify to run in City
Council elections: City Attorney Garganese explained the Item, recommended Council impose no
more than a one-year residency requirement, and discussed how such action will require Council
to propose a referendum to the voters for approval. Discussion ensued and included concerns
over the process of having to determine City Council candidate residency in the City, examination
of the qualifications of Council Members per City Code, affidavit of residency, ministerial duty of
the City Clerk to accept candidates qualifying to run for Council, courts decide such cases,
candidates could challenge each other, residency vs. domicile requirements and ballot language.
City Attorney Garganese explained the next steps involve two readings of an ordinance, proposed
Charter amendment text, preparation of ballot language with consistency between text and ballot
language to avoid misleading the public or ending up in court, the effective date would be in 2023
at the earliest, and providing a legal memorandum to explain case law. Council reached
consensus to bring back an ordinance for first reading.
Council reached consensus to discuss Item 11 before Item 10.
11. Discussion on Workshop prior to demolishing the building for the Promenade also
known as the "Civic Hub." (Submitted by Mayor Morrison): Mayor Morrison explained the Item.
A motion was made by Council Member Raymond, seconded by Council Member Davis, to
dispense with the Discussion Item as it is a moot point. Discussion ensued and included the
the motion on the floor, desire not to dismiss the Item, desire to move forward with demolition
and the proposed exfiltration system installation beneath the property discussed earlier,
agreement to have a workshop after the demolition, concern over possible risk exposure of the
building, acceptance of the 3-2 vote, getting citizens involved in the planning of the Civic Hub
Project, desire to hear from the community, and requests to call the question which were
disregarded. City Attorney Garganese discussed restrictions in the Loan from leasing to other
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City Council Regular Meeting • March 15, 2022
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entities which could result in loss of the tax exempt status of the Loan. Discussion continued
regarding desire to receive input from the community and the multiple opportunities for
community input in the past. Stuart Smith, resident and CEO of Florida Association of Veteran -
Owned Businesses, discussed launching businesses from the 7404 North Atlantic Avenue building
for economic development, business incubation and renting office space. Council Member
Raymond suggested Mr. Smith look into purchasing the Union Hall property for sale across the
street from Veterans Memorial Park. Council thanked Mr. Smith. Discussion and debate continued.
City Manager Morley stated there is currently no date set for demolition.
A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to have a City
Council meeting two weeks from this date or as soon as possible we go to two meetings a
month. Discussion ensued regarding not adding to the Agenda at this point in the meeting and
bringing the Item back up under Reports.
10. Short -Term Rentals policy and execution along with the City of Cape Canaveral Contract
Administration for the service provider ProChamps (Submitted by Mayor Morrison): Mayor
Morrison explained the Item and discussed status of the City's short-term rental policy. City
Manager Morley discussed a registration issue related to the inputting of Business Tax Receipts
(BTR). A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum,
to extend the Meeting to 10:15 p.m. The motion carried 4-1, with Council Member Raymond
voting against. Community and Economic Development Director Dickey discussed ProChamps,
the City's and Brevard County BTR requirements. Discussion ensued and included the City's
registration program including City BTR process, the Florida Department of Business and
Professional Regulation requirements, Brevard County BTR and tourism tax, and how Staff is
working with Brevard County and BS&A to close loops in the process to gather required
information.
INFORMATIONAL: Items presented for informational purposes only and no action was taken.
12. ProChamps Update
13. Monthly Financial Report — January 2022
REPORTS: None.
ADJOURNMENT: The Meeting was adjourned at 10:16 p.m.
Mia Goforth, City Clerk
Wes Morrison, Mayor
SEAL of Cape Canaveral, Florida