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HomeMy WebLinkAboutcocc_council_mtg_minutes_20220517CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday May 17, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. City Clerk Goforth 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 Senior Code Enforcement Officer Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Molly Thomas Jim Moore Daniel LeFever Brian Palmer Byron Keck Scott Molyneaux Council reached consensus for a Code Enforcement/ProChamps status update provided by Senior Code Enforcement Officer Brian Palmer. Officer Palmer discussed the process and the progress made since ProChamps started working with his office beginning October 1, 2021; 175 violations have been brought into compliance out of the 300-plus possible violations; and noted misinterpretation of City Code by violators of the seven consecutive day rental requirement. Council thanked Officer Palmer. CONSENT AGENDA: Mayor Pro Tem Kellum removed Item 6. Mayor Morrison removed Item 4. 1. Approve Minutes for City Council April 19, 2022 Regular Meeting. 2. Resolution No. 2022-10; acknowledging Brevard Public Schools' "Brevard Thrive by Five" initiative; providing for an effective date. City of Cape Canaveral, Florida City Council Regular Meeting • May 17, 2022 Minutes • Page 2 of 5 3. Resolution No. 2022-12; commending the Florida League of Cities and their Legislative Affairs Team for their hard work representing Florida's municipalities during the 2022 Florida Legislative Session; providing for an effective date. 4. Approve Proposals from OVIVO USA, LLC/TSC-Jacobs North in the amount of $1,421,100 for the complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the City Manager to execute same. 5. Approve Proposal from Mead and Hunt in the amount of $88,021 for the design of a hybrid pump system in the Center Street Drainage Basin and authorize City Manager to execute same. 6. Acknowledge receipt of the Preliminary Memorandum of Understanding (MOU) sent by the leadership of the City of Guidonia, Italy and provide staff direction in pursuit of renewing the relationship based on the current programmatic proposal. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Consent Agenda Items 1, 2, 3 and 5. The motion carried 5-0. #4 Discussion ensued and included meeting the criteria for use of a sole source contractor, impacts of going out for bid now with supply issues and increasing costs, history of and unique design of the clarifier equipment, current $4,000 monthly maintenance costs for weekly wiper replacements, 30-day price proposal deadline, complete funding of the project through the American Rescue Plan Act (ARPA), time limits for use, and trust in Staff to make the best recommendations. A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve Item 4 as written. City Attorney Garganese discussed the use of sole source contractors, reliance on Staff's technical opinions that there are no other companies that can provide the same service and system, and advised Staff regarding the need for a Performance Bond to protect the City's interests for completion. Public Works Services Director Moore confirmed Ovivo USA, LLC owns all drawings from the original installation, and contracting with another company requires re -engineering and redesign. Discussion included the possible delay of another quote within thirty days, consequences of Council moving forward if contractor did not meet the criteria for sole source, waiting for the Performance Bond, and Council willingness to postpone the Item to ensure justification for use of sole source and make amendments to the contract to include a Performance Bond if needed. Council Member Raymond withdrew the motion on the floor. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to postpone Item 4 until the City Manager decides to bring it back at the appropriate time. The motion carried 5-0. #6 Discussion ensued and included the purpose of the Item, there being no cost to the City to participate in the program, Guidonia officials will make a decision regarding participation after elections next month, the difference in past Sister Cities programs, partnership with the City of Cocoa Beach would involve high school students, and Council support for the initiative. City Manager Morley recommended Council direct Staff to draft a letter from the Office of the Mayor. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to direct Staff to draft a letter, on behalf of the Mayor's Office, requesting next steps in moving forward for Item 6. The motion carried 5-0. Mayor Morrison recessed the meeting at 7:49 p.m. The meeting reconvened at 8:01 p.m. City of Cape Canaveral, Florida City Council Regular Meeting • May 17, 2022 Minutes • Page 3 of 5 PUBLIC HEARING: 7. Ordinance No. 03-2022; amending the City Code to modify the compensation of the Mayor and Council Members effective December 1, 2024; 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. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 03-2022, at second reading. The motion carried 5-0. 8. Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to traffic and vehicles to create a new Article IV. — Operation of Golf Carts and Low -Speed Vehicles on Roads; authorizing the operation of golf carts on specifically designated City roadways by subsequently adopted City Council Resolution; providing definitions; providing for restrictions, certain minimum equipment, registration, inspection and insurance requirements for golf carts; recognizing low -speed vehicles are allowed on roads unless otherwise prohibited; providing for enforcement; 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 there was a change made on Page 6 of 9, under Sect. 74-80 (g) adding the words "tail lights" as suggested by Commander Keck. Discussion ensued and included photos distributed by Council Member Davis of golf carts taking up parking spaces at various businesses outside of the City, desire to table the Item due to safety concerns, Council Member Willis' communication with Florida Department of Transportation (FDOT) District Traffic Operations Engineer Jim Stroz, regarding crossing SR A1A with golf carts, desire for an independent traffic study before going to FDOT, inequity of the Ordinance based on limitations people will have depending on where they live geographically in the City, potential liability of allowing golf carts in the City, low -speed vehicles versus golf cart requirements, golf carts allowed on SR A1A in Flagler Beach, safety standards covered in the Ordinance, and various pros for allowing golf carts in the City. City Attorney Garganese advised a traffic study is not necessary before adoption of the Ordinance, a study is required for Council to be able to designate allowable streets for golf cart use, and how the Ordinance can stay in the Code even if a study comes back that is not suitable at that time. Community and Economic Development Department Director Dickey shared a cost estimate range of between $25-$30K for a safety -driven traffic study depending on what the City asks of the consultant. Commander Keck confirmed that the City of Cocoa Beach did not do a traffic study as they limited golf cart use to a specific area. Discussion continued regarding how the progress made at first reading can be preserved, adoption at second reading can occur at a subsequent meeting, and the only thing lost would be the cost of advertisement. The Public Hearing was opened. Shannon Roberts, resident, discussed support for postponing the second reading and commended Council for efforts to get the facts. The Public Hearing was closed. Discussion continued regarding how and if Council should move forward. City Manager Morley discussed an Item would come back to Council before second reading to approve a traffic study if the amount for such is over $20,000. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to postpone Ordinance No. 04- 2022, second reading, until Council obtains a study. The motion carried 5-0. 9. Ordinance No. 05-2022; providing for a Referendum and Ballot Language for the November 8, 2022 General Election or an election scheduled thereafter; proposing to amend Section 2.02 of the City Charter regarding eligibility to serve on the City Council to provide that City of Cape Canaveral, Florida City Council Regular Meeting • May 17, 2022 Minutes • Page 4 of 5 City Council Members must be domiciled within the City of Cape Canaveral at least one (1) year immediately prior to qualifying and must remain domiciled within the City of Cape Canaveral during their term in office or forfeit their office; providing for a notice of the City of Cape Canaveral Charter Referendum Question; providing for coordination with the Supervisor of Elections; providing for administration of the Referendum by the City Clerk and City Manager; providing for severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included the distinction between the definition of residence and domicile, precedence in Florida supporting one-year residency requirement, verification of domicile, violations would be challenged legally or politically, various forms of identification for verification, the ministerial role of the Qualifying Officer, and support for the Ordinance. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to approve Ordinance No. 05-2022, at first reading. The motion carried 5-0. ITEM FOR ACTION: 10. Review and approve March 30, 2022 Strategic Planning Retreat Minutes, Workshop Minutes and Draft Summary Report; authorizing/finalizing revisions to Mission, Vision and Values Statements and possible revisions/updates; adopt Report setting short, intermediate and long-term strategic goals beginning Fiscal Year 2022/23: City Manager Morley provided an overview of Strategic Government Resources Consultant Doug Thomas' Final Summary Report distributed just prior to the meeting and reviewed the ranked projects under each of the City's five Strategic Pillars. Discussion ensued and included the following: FDOT- SR A1A Improvement Funding re: Implementation Strategies - $TBD — Staff request for clarification regarding Council desire for the Multi -Modal Pillar New Priority which received four votes. Discussion ensued and included whether Council wants to use funds to expedite the FDOT- SR A1A Project or for enhancements to lighting or landscaping, what Staff needs from Council in order to represent the Item in the Budget prior to July 1, 2022, and possible impacts to the Budget at that time would have. Council reached consensus to create a fund in the Proposed Budget entitled "expediting and/or enhancement of State Road A1A" with a proposed dollar amount for the City Council to review before adoption of the Budget. Improved Beach Accessibility & User Experience - $TBD — the initiative should be part of the Presidential Streets Master Plan Project, therefore improvements should not start until the City receives the design. Canaveral City Park Concession, Press Box & Storage Building - $230K — low ranking of the initiative likely due to the fact Council does not consider this a high priority even though each Member is in favor of it. Council reached consensus to keep the Project in the proposed Budget. Phase 2 Civic Hub (formerly The Promenade) - $500K 1st Year, $800K 2"d Year — this Priority moved from an Intermediate to a Long-term Goal, the building scheduled to be demolished within the next thirty days, expectation of the Project to move forward, whether Council would like to reduce the first year amount by half or not, and Council desire for stormwater flooding improvements which are American Rescue Plan Act (ARPA) eligible. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the Meeting fifteen City of Cape Canaveral, Florida City Council Regular Meeting • May 17, 2022 Minutes • Page 5 of 5 minutes. Motion carried 5-0. Discussion continued regarding pros and cons of the initiative and Phases 1 and 2, the higher ranked Council Priorities and working to get as many projects done as possible. City Manager Morley discussed favor in continuing to conduct post -Strategic Planning Retreat City Council Workshops going forward and thanked the Council for the opportunity. Dr. Roberts complimented Council and Staff and discussed desire to see the Strategic Planning Report's tie-in related to the Visioning and community input. City Manager Morley discussed the goal for Council to see the Visioning Report before it receives a Draft Budget, at the June 21, 2022 Regular City Council Meeting, and requested a motion to approve the Strategic Planning Retreat Report. A motion was made by Council Member Raymond, seconded by Council Member Willis, to approve the City Council Strategic Planning Retreat Summary Report. Motion carried 5-0. INFORMATIONAL: Items presented for informational purposes only and no action was taken. 11. Monthly Financial Report — March 2022. 12. ProChamps Update. REPORTS: Council Member Raymond encouraged people to urge others, including residents, to apply for the Space Coast League of Cities Scholarship which is due June 10, 2022. ADJOURNMENT: The Meeting was adjourned at 10:13 p.m. Wes Morrison, Mayor Mia Goforth; City.lerk`.\"-.