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HomeMy WebLinkAboutcocc_council_mtg_minutes_20220921CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Wednesday September 21, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis 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 Assistant City Attorney City Clerk Deputy City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Capital Projects Deputy Director Community and Economic Development Director Community and Economic Development Dep. Director Human Resources/Risk Management Director Executive Assistant to the City Manager/Office Manager Leisure Services/Community Affairs Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Kristin Eick Mia Goforth Daniel LeFever John DeLeo Jenny Coldiron Jeff Ratliff Tim Carlisle Dave Dickey Zachary Eichholz Melinda Huser Lisa Day Molly Thomas Jim Moore June Clark Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council reached consensus to approve the Agenda as written. PRESENTATIONS/INTERVIEWS: Presentation by Dr. Jeff Eble of the Florida Institute of Technology on the Indian River Lagoon Inflow Research Project: Dr. Eble made his presentation. Discussion ensued and included the results from collected Project data which should be available by Fall 2025, the Army Corps of Engineers is disinclined to open the Lagoon in the same way as Sebastian Inlet, test -area -flow of -- water will be 6,000 gallons per hour, legacy nutrients impede recovery of the Lagoon for a very City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 2 of 6 long time, and how success of the Project would support a larger system throughout the waterway. Council thanked Dr. Eble. BUDGETARY ITEMS (PUBLIC HEARINGS): 1. a. Resolution No. 2022-22; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2022/23 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Assistant City Attorney Eick read the title into the record. Discussion ensued regarding Council actions at the first Budget Hearing Special Meeting. The Public Hearing was opened. Bill Hodge, property owner, discussed desire for a City budget -oversight advisory committee, opposition to the Long Point Road Estuary Project, and support for continuing virtual meeting room participation during public meetings. Joe Abreu, resident/property owner, discussed opposition to the Long Point Road Estuary Project and support for reducing taxes. Mayor Morrison requested a show of hands opposing a tax increase. The Public Hearing was closed. Discussion ensued regarding Council options for the Final Millage Rate, the percentage increase in revenue which the State requires to be included in the Resolution, and the Notice of Proposed Tax Increase advertised in the Florida Today on Friday, September 16, 2022. Assistant City Attorney Eick advised the percentage increase should be announced and the Resolution can be amended after Council approves the Final Millage Rate. A motion was made by Council Member Raymond, seconded by Council Member Davis, to adopt Resolution No. 2022-22, with a total Final Millage Rate of 3.4322, as amended. Discussion ensued regarding language within the Resolution, necessary cuts within the proposed Budget as a result of the adopted Final Millage Rate, City Manager Morley's proposed idea for providing electricity and lighting for Veterans Memorial Park and there being no need to delay that Project. Discussion continued The motion carried 3-2, with Mayor Pro Tem Kellum and Mayor Morrison voting against. b. Ordinance No. 19-2022; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2022, and ending September 30, 2023; providing for an effective date, second reading: Assistant City Attorney Eick read the title into the record. The Public Hearing was opened. Mayor Morrison read resident and property owner Michelle Church's comments in opposition to the Long Point Road Estuary Project into the record. Mary Gowenloch, resident, property and business owner, discussed opposition to the Long Point Road Estuary Project and inquired about the City's noticing procedure. Mayor Morrison encouraged Ms. Gowenloch contact Staff for more information, requested a show of hands in opposition to the Long Point Road Estuary Project, and read their names aloud from submitted City Speaker Cards. Carroll Sanders, resident, property and business owner, discussed opposition to tax increases and spending. Bill Hodge, property owner, inquired about and received clarification that $300,000 in the Stormwater Fund for the Long Point Road Estuary Project does not come from taxes but rather revenues generated by fees. Lee Vicidomini, resident, property and business owner, discussed concerns over collecting fees that cannot be used towards reduction of taxes. City Manager Morley explained user fees collected from the Wastewater and Stormwater Enterprise Funds are automatically restricted for improvements to those systems which cannot be comingled in the General Fund. Council reached consensus to cancel the Long Point Estuary Park Project.- Discussion continued regarding keeping Veterans Park Project in the General Fund, and making cuts to projects listed under Option 1, Scenario 2: City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 3 of 6 Paving, Mobility and Manatee Boardwalk (see the attached Memo dated September 13, 2022). A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt the Budget, Ordinance No. 2022-22, with the cuts discussed, at second reading. Discussion continued regarding how American Rescue Plan Act funds will not be necessary for the Veterans Park Project. City Manager Morley praised Staff for their loyalty and hard work and thanked the Council for proving their loyalty back to the employees with this Budget. The motion carried 4-1, with Mayor Morrison voting against. Mayor Morrison recessed the Meeting at 8:16 p.m. The Meeting was reconvened at 8:31 p.m. PUBLIC PARTICIPATION: John Benton, visitor, discussed a request for a code reduction hearing. Joe Abreu, resident/property owner, discussed continued desire to be notified in writing should anything ever happen with the City -owned property at the end of Long Point Road. Mayor Morrison read the names on submitted City Speaker Cards in opposition to the Long Point Road Estuary Project related Agenda Item 2, under Old Business: Joe Abreu, Jason Pace, Cyndy Knight, Simone Caroti, George Clark, Michelle Church, Peggy Green, Christy Hopkins, Laura Hanel, Bill Hodge, and Mary Gowenlock. Patrick Campbell, resident/property owner, thanked Staff for their assistance with a contractor and Building Code issue and discussed opposition to Agenda Item 15, Resolution No. 2022-15 and for Council to take action as requested. OLD BUSINESS: 2. Approve proposed Purchase and Sale Agreement for Reserved Mitigation Credits with the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the amount of $33,000 and authorize City Manager to execute same: A motion was made by Council Member Willis, seconded by Council Member Davis, to remove Item 2 from the Agenda. The motion carried 5-0. CONSENT AGENDA: 3. Approve the August 16, 2022 City Council Budget Workshop and Regular Meeting Minutes. 4. Resolution No. 2022-20; authorizing an 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. 5. Resolution No. 2022-21; 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. 6. Resolution No. 2022-23; reappointing Members to the Board of Adjustment and Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (John Bond, Joel Fair and Kathryn Parks) 7. Approve Amendment No. 1 to Task Order No. 1 to Jones Edmunds & Associates, Inc. in the amount of $43,440 for Construction Phase Engineering Services as part of the Lift Station No. 5 Improvements Project and authorize City Manager to execute same. City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 4 of 6 8. Authorize the Mayor to execute the Consent to terminate the Intergovernmental Radio Communication Program (IRCP) Memorandum of Understanding (MOU) for the 800MHz IRCP Advisory Committee, as requested by Brevard County EOC Director John Scott. A motion was made by Council Member Raymond, seconded by Council Member Willis, to approve the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 9. Ordinance No. 17-2022; amending of the City's Sign Code related to Feather Flags; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: Assistant City Attorney Eick read the title into the record. City Manager Morley explained the Item. Discussion ensued and included support of the Planning and Zoning Board recommendation, importance of supporting the City's volunteer Advisory Board recommendations, Staff request for policy direction which will prompt a new fee resolution for Council approval, increasing consecutive days, allowing three 30-day opportunities each a year with separate permits for each, allowing businesses to bundle time periods for banner signs and feather flags, few businesses using feather flags, aesthetics, safety during storms, enforcement, and going by fiscal rather than calendar year. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 17-2022, at first reading. The motion carried 5-0. 10. Ordinance No. 18-2022; amending Chapter 102 — Vegetation, Article II. — Tree Protection; providing for amendments to comply with State Law preemptions under Florida Statutes; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, first reading: Assistant City Attorney Eick read the title into the record. City Manager Morley explained the Item. Discussion ensued and included how the Florida Legislature amended the statute which favors cities, gives the City Tree Code some of its authority back, only applies to developed single-family property, and utility companies can go in trim/remove without regard to the City's Tree Code. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 18-2022, at first reading. The motion carried 5-0. ITEMS FOR ACTION: 11. Request for removal of one (1) Live Oak Specimen Tree at 111 Lincoln Avenue: Property Owner Robert Levine presented the case to Council and distributed plastic zip -lock bags of dead carpenter ants. Discussion ensued and included organic methods for removal of the ants in the home, alleged infestation of the Tree, the Property Owner's suspicion that the Tree roots are already under the house, the City Arborist Report, the difficult decision for Council to make due to the fact the Tree is healthy, alleged health issues suffered by the Property Owner's spouse due to the Tree, City Code mitigation requirements, property rights, support for removal of the Tree, the Property Owner's plan to install solar panels, requiring proof of medical disability from the Property Owner, postponing a decision on the Item and property rights versus following the City City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 5 of 6 Code. Assistant City Attorney Eick clarified Section 102-41 (c), Criteria No. 5 of the City Code for removal of the Tree. Discussion continued regarding how Council should proceed. A motion was made by Council Member Raymond, seconded by Council Member Willis, to grant the Request for removal of one (1) Live Oak Specimen Tree at 111 Lincoln Avenue, subject to the mitigation requirements being met, including four (4) trees planted per City Code, as amended. City Manager Morley commented on the Motion being subject to meeting the City's tree mitigation requirements. Discussion ensued on whether the Motion requires an amendment, options of the Property Owner to decide between planting trees or contributing funds to the City Tree Bank, where the Property Owner intends to place solar panels, and placement of the new trees. Assistant City Attorney Eick read the mitigation requirements of the Code. Discussion ensued regarding there being no time limit, the Property Owner having met Criteria No. 2, setting a precedent for similar issues and amending the Motion on the floor. Council reached consensus to require the Property Owner to plant four (4) trees on the property. Discussion ensued regarding how to proceed with an amended motion. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. Discussion ensued regarding the types of trees the Property Owner may plant allowing the Property Owner thirty (30) days to research and return to the City. A motion was made by Council Member Raymond, seconded by Council Member Willis, to amend the main motion. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. Mr. Levine thanked the Council. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to extend the Meeting to 10:30 p.m. The motion carried 5-0. ITEMS FOR DISCUSSION: 12. Discuss and provide direction to Florida Department of Transportation (FDOT) regarding design considerations for State Road (SR) A1A in Cape Canaveral. (Submitted by Mayor Morrison): City Manager Morley discussed status of the FDOT SR A1A Improvements based upon the City Council decision against a modern roundabout, proceeding to the original request to realign International Drive and N. Atlantic Avenue for a traditional signalized intersection, the meeting between Mayor Morrison, the City Manager and FDOT regarding East/West-side curbs and gutters, and Council being asked to choose between two (2) roadway design options. Discussion ensued and included calling a workshop to include citizen input. Council reached consensus for Staff to schedule a City Council Workshop Meeting regarding the options. Jay Airs, resident, stated FDOT has the final say, requested clarification of the overall FDOT SR A1A Improvements, and discussed concern over being able to get to Port Canaveral by bicycle on SR A1A. 13. Discuss City Council Meeting production enhancements/upgrades; discontinuing Virtual Meeting Room (VMR) participation at City Meetings, except for emergencies; provide direction to Staff regarding: 1. Whether there is interest to pursue all, some or none of the products and services available, 2. Whether there is interest to pursue outsourcing VMR at Board Meetings, 3. Sole source vs. competitive bid (with current vendor IM Solutions): City Manager Morley explained the Item. Patrick Campbell, resident/property owner, discussed support for continued use of virtual meeting participation, and opposition to sole sourcing. Bill Hodge, property owner, discussed support for maintaining use of virtual meeting participation. Mayor Morrison discussed support for improving the meeting production experience, allowing City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 6 of 6 the same for City Advisory Boards, allowing the City Manager to decide whether to outsource meeting production, opposition for sole sourcing the project, immediate relief for Staff by the Mayor's offer to take over current operation of virtual meeting software and test it during a workshop meeting, using American Rescue Plan Act funds should be justified from a public health standpoint, importance of two-way engagement, and putting the project out to bid unless the City truly does not have to. City Manager Morley requested consensus and direction from Council. Bill Davis, IM Solutions Chief Technology Officer, discussed providing similar services for various local municipal clients including Canaveral Port Authority, City of Melbourne, and Barefoot Bay, how IM Solutions staff specialize both as technicians and as producers running all aspects of live and virtual meetings for higher level city council meetings versus smaller meetings for boards which IM Solutions can preset for simple, in-house staff production. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the Meeting to 10:45 p.m. The motion carried 4-1, with Council Member Raymond voting against. Discussion ensued and included support for the Item, removing Staff from the production and technical side of meetings, concern over affordability and it being unbudgeted, and interest in going out for bid to see what the costs would be. Council reached consensus to put the Item out for bid. Mayor Morrison reiterated his previous statement to go out for bid unless it is clearly allowed under sole source. 14. Economic Development (Submitted by Mayor Morrison): Mayor Morrison explained the Item. Stuart Smith, resident and CEO of Florida Association of Veteran Owned Businesses (FAVOB), discussed what the City has done so far regarding Economic Development and Strategic Planning, potential missed opportunities for the City related to being Brevard's Port of entry, and the Brevard Zoo and Aquarium Project. Discussion ensued and included a potential new Economic Development Director and Business and Economic Development Advisory Board, economic opportunities for reactivating the Board, being reactive versus proactive to influence land development in the City, advertising for Board recruitment, and the expertise needed for the position of Economic Development Director. Council reached consensus to reconstitute the Business and Economic Development Advisory Board, and have the Board update the City's Redevelopment Action Plan as its first order of business. REPORTS: Mayor Pro Tem Kellum announced the Goldstar Family Memorial Event will be held at Veterans Memorial Park on Sunday, September 25, 2022 at 11:00 a.m. ADJOURNMENT: The Meeting was adjourned at 10:48 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk SEAL of Cape Canaveral, Florida Memo Administrative + Financial Services TO: Honorable Mayor and Members of City Council VIA: Todd Morley, City Manager FROM: John De Leo, Administrative/Financial Services Director DATE: September 13, 2022 September 21, 2022 City Council Regular Meeting Minutes Attachment RE: City Council Directed Actions to Staff in regards to the September 7th Budget Hearing The following information is being provided to the City Council based on their request at the September 7th Budget Hearing for Staff to Identify Projects within the General Fund, so Council can determine what Projects they may want to cut/move out to satisfy the Final Millage they approve. Below are the two options Council directed Staff to research: middle of the road rate of 3.4322 mills and the rolled back rate 3.2632 mills. These options contain scenarios that will better assist/support Council in rendering their decision. In addition, Staff has provided the impact on the CRA based on the Option approved by Council. City Council Directed Actions to Staff in regards to the September 7th Budget Hearing Option 1 Millage Mid-Range Required Decrease to GF Effect on CRA Remarks 3.4322 $207,000 $82,688 Presidential Streets Project Decreases Scenario#1 Veteran's Park i $210,000 3.4322 Millage attained. Scenario#2 I Paving $12,500 Mobility $37,500 Manatee Boradwalk $25,000 I Long Point Estuary $133,000 $208,000 3.4322 Millage attained. Option 2 Rolled Back Rate Remarks 3.2632 $411,000 $165,000 Presidential Streets Project Decreases Scenario#1 Veteran's Park $210,000 Long Point Estuary $133,000 Paving $12,500 Mobility $37,500 Canavarel City Park Retrofit $23,000 $416,000 I 3.2632 Millage attained. Scenario#2 Veteran's Park $210,000 Paving $12,500 Mobility $37,500 PRCA Vehicle Replacement $36,000 EV Charging Station $10,000 Manatee Boardwalk repairs $25,000 Canaveral City Retrofit $23,000 Crossover $18,000 Manatee Trail Repairs $17,000 j Educational Video Series $12,000 City Hall Maintenance $10,000 $411,000 3.2632 Millage attained.