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HomeMy WebLinkAboutcocc_council_mtg_minutes_20230117_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday January 17, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. City resident Arlyn DeBlauw led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem 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 Capital Projects Deputy Director Community and Economic Development (C+ED) Director C+ED Deputy Director/Sustainability Manager C+ED Senior Planner Parks, Recreation & Community Affairs (PRCA) Director PRCA Deputy Director/Projects and Parks Public Works Services Director Executive Assistant to the City Manager/Office Manager Brevard County Sheriffs Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Tim Carlisle Dave Dickey Zachary Eichholz Kyle Harris Molly Thomas John Mayberry June Clark Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Kellum, seconded by Council Member Willis, to move Agenda Items 9 and 10 after Agenda Item 5. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2021: City Manager Morley explained the Item. Council congratulated Administrative/Financial Services Director DeLeo who commended the Finance Department Staff for their efforts/achievements. City of Cape Canaveral, Florida City Council Regular Meeting • January 17, 2023 Minutes • Page 2 of 5 Interview Applicants for appointment to the Business and Economic Development Board. (Stuart Smith, Shawna Taylor, Chelsea Partridge, Dawn C. Mays, Tom Hermansen, Robert Baugher, Jayne Saydah): City Manager Morley explained the Item and read the distributed email (attached) regarding Applicant Robert Baugher's withdrawal. Applicants Stuart Smith, Shawna Taylor, Dawn C. Mays, Jayne Saydah (in -person) and Chelsea Partridge (online) each confirmed their applications to be true and correct for City Attorney Garganese, responded to Council questions and discussed their interests, goals and experience. Community and Economic Development Director Dickey explained Applicant Tom Hermansen being out of the country and pointed Council to the distributed supplemental information (attached) provided by Mr. Hermansen. Council thanked all Applicants for willingness to serve the City and discussed providing Community Redevelopment Agency Board training for the new members. PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing. CONSENT AGENDA: 1. Approve the Minutes of the City Council December 6, 2022 and December 20, 2022 Regular Meetings. 2. Endorse the Adopt -A -Rain Barrel Program. 3. Schedule a City Council Workshop Meeting on the Civic Hub Project, hosted by Kimley Horn and Associates, Inc. for Tuesday, February 7, 2023 at 4:00 p.m. A motion was made by Council Member Willis, seconded by Council Member Kellum, to approve the Consent Agenda. The motion carried 5-0. ITEMS FOR ACTION: 4. Resolution No. 2023-01; appointing Members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date: City Attorney Garganese read the title into the record. City Manager Morley explained the Item. Discussion ensued and included the Board's requirement for a minimum of two City residents, the purpose for staggering of terms, and individual Council Member preferences for Applicants to fill each term. Council reached consensus to appoint Jayne Saydah and Chelsea Partridge to serve until November 1, 2023, Tom Hermansen and Dawn C. Mays to serve until November 1, 2024, and Stuart Smith and Shawna Taylor to serve until November 1, 2025. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to adopt Resolution No. 2023-01, with the Consensus as recorded by the Mayor. The motion carried 5-0. 5. Consider the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $25,000 for the completion of the Presidential Streets Phase 2 One -Way Roadway Study: City Manager Morley explained the Item, discussed future positive impacts to the City including the creation of a stormwater solution for the City, solving problems such as parking in the right-of- way and in the street, and how the One -Way Roadway Study was not in the original design. Discussion ensued and included confirmation the $25,000 is coming out of this year's budget, there will be recommendations along with the results of the Study, the significant community outreach to get the public involved and educated, and favor for the Project. A motion was made by Council Member Davis, seconded by Council Member Willis, to accept the Proposal. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting • January 17, 2023 Minutes • Page 3 of 5 ITEMS FOR DISCUSSION: (As amended under Approval of Agenda) 9. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem Raymond/Postponed on December 20, 2022): Mayor Pro Tem Raymond explained the Item and made suggestions to abate the dangers of electric bikes on City sidewalks. Discussion ensued and included agreement that e-bikes are traveling too fast, suggestion to designate a path and educate the public to use them on the roadway, the need to educate the e-bike rental business owners and need for community outreach, and whether there are enforcement liability issues the City could face if e-bikes were forced onto the road with cars. City Attorney Garganese discussed enabling legislation in Florida Statutes that allows the City to make for that discretionary decision. Discussion continued regarding the original plan to place striping on the sidewalk and the suggestion to require e-bike rental businesses to post rules. City Manager Morley discussed educating the public through use of stencil symbols and contrasting color to designate where e- bikes may travel, preparing a Budget Item for the next fiscal year covering the cost/scope of work for striping/stenciling symbols along Ridgewood Avenue, North Atlantic Avenue and Central Boulevards, and how the e-bike travel lanes could be designated with a stripe down the center of the pedways of Ridgewood and North Atlantic Avenues rather than where the cars travel, due to the narrowness of those roadways. Council reached consensus for Staff to bring back an update Item in a couple of months and prepare a Budget Item for the next fiscal year covering the cost/scope of work as discussed. 10. Discuss the removal of the playground feature from Veterans Memorial Park redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub project. (Submitted by Council Member Kellum/Postponed on December 20, 2022): Council Member Kellum explained the Item. Discussion ensued and included the desire to move forward with the Project, moving playground related Project funds into contingency, concerns over time spent on the Project by the Culture and Leisure Services Board including playground design, opposition versus support for moving the playground to the Civic Hub, underutilization of Veterans Memorial Park, Council Member feedback from Veteran groups in favor of removing the playground, desire to honor Veterans wishes, and concern over what to do with the plans the City already paid for. PRCA Director Thomas discussed how the removal of the playground would affect the Project and plans to include lighting, landscaping, stormwater pond, swales and pollinator plants. A motion was made by Council Member Kellum, seconded by Council Member Willis, to remove the playground from the Veterans Memorial Park design plan with the understanding those funds will stay in contingency. The motion carried 5-0. Mayor recessed the meeting at 7:53 p.m. The meeting was reconvened at 8:06 p.m. 6. Approve an option for Audio and Video Production/Services Upgrade in the amount of up to $62,844.56 and to include the rate of $110 per hour for technical support: City Manager Morley explained the Item, recommending Equipment Option 1 and Technical Support Option 2. Discussion ensued and included technical support proposed for the next fiscal year, the need to inform IM Solutions by January 18, 2023 to retain original pricing quote, reasons to move forward with the improvements including production of better live and recorded public meetings, and support for Options 1 and 2 as recommended. Administrative/Financial Services Director DeLeo discussed the new IT position budgeted for next 2023/2024 fiscal year and the current 2022/2023 fiscal year Budget covers the Equipment. Discussion continued regarding the necessity of the production/services upgrade, resale value of the new equipment, desire for IM Solutions to train the new IT Staff member in the next fiscal year, and using the upgrade equipment for events other City of Cape Canaveral, Florida City Council Regular Meeting • January 17, 2023 Minutes • Page 4 of 5 than City Council meetings. A motion was made by Council Member Willis, seconded by Council Member Kellum, to adopt Equipment Option 1 and Technical Support Option 2. The motion carried 5-0. PUBLIC HEARINGS: 7. Ordinance No. 02-2023; amending the Solid Waste Agreement between the City and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to adopt a new residential and commercial rate and extend the term of the franchise until September 30, 2027; 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. The Public Hearing was opened. Scott Holmes, resident and property owner, discussed action the City took last year to amend the regulations for roll -off dumpsters, and urged Council consider keeping the measure in place. City Attorney Garganese discussed provisions covered in the City's current franchise contract which has always allowed for the businesses to apply for small dumpsters, how the business is very controlled requiring appropriate licensing, franchise statutory and City Code requirements, monitoring that type of business to ensure companies are authorized to do business in the City, not violating the City's exclusive franchise agreement with Waste Pro and the City's position that Waste Pro does not have exclusivity for cubic yards, twenty and under, for small haulers. Discussion ensued and included Code Enforcement duties to address small haulers, and minimum franchise agreement requirements that need to be maintained whether Council changes the City Code or not, support for giving citizens more choices and quick service, and how contractors are allowed to bring in their own dumpsters. Waste Pro Division Manager Dean Ulrich discussed providing an exact number related to the roll -off dumpster exclusion would require detailed analysis versus the rough estimate of an additional dollar per home and a dollar for each commercial business. Discussion continued regarding a desire to see Waste Pro's detailed analysis, how adopting the Ordinance will extend the contract to 2027, and support for and opposition to amending the contract to include removing the twenty yard and under roll -off dumpsters. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, approve Ordinance No. 02-2023 as written, at first reading. Discussion ensued regarding potential savings in costs for residential roll -off dumpsters, and curiosity over what Mr. Holmes and other companies charge per yard for commercial dumpsters. The motion carried 4-1, with Mayor Morrison voting against. 8. Ordinance No. 03-2023; amending Chapter 22 — Community Development to modify the duties of the Business and Economic Development Board to include serving in the role of the City of Cape Canaveral Community Redevelopment Agency Advisory Board; providing for the purpose and duties of the City of Cape Canaveral Community Redevelopment Advisory Board; 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. Discussion ensued and included excitement over the newly appointed Board Members and the Board's new duties, and the plan for Community Redevelopment Agency (CRA) training offered by City Attorney Garganese. City Manager Morley discussed CRA training for the Business and Economic Development Board can be a Council requirement, separate from the Ordinance. A motion was made by Council Member Kellum, seconded by Council Member Willis, to adopt Ordinance No. 03-2023, at first reading. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting • January 17, 2023 Minutes • Page 5 of 5 REPORTS: Mayor Pro Tem Raymond discussed attending the Space Coast League of Cities meeting and encouraged attendance at the February Meeting. Mayor Morrison expressed pride in Staff for Holiday activities of the City this year, and thanked the Brevard County Sheriff's Office for handling heavy traffic and backups on State Road A1A. City Manager Morley announced plans to be overseas in late March and early April during which time City Clerk Goforth will be Acting City Manager. ADJOURNMENT: The Meeting was adjourned at 9:29 p.m. (Signature) Wes Morrison, Mayor (Signature) Mia Goforth; City Clerk SEAL OF CAPE CANAVERAL, FLORIDA Attachment to January 17, 2023 Minutes City Council Regular Meeting From: Bob Baugher <bbaugher@cocoabeachsurf.com> Sent: Thursday, January 12, 2023 2:24 PM To: Patricia Roth <P.Roth@cityofcapecanaveral.org> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org> Subject: RE: Business and Economic Development Board David/Patricia: Since you all have more applications than seats, please withdraw my name from consideration. I have told a port commissioner I would do my civil duty by sitting on a committee for the port. Thank you Bob Bob Baugher President Baugher Hotel Group, Inc. Cocoa Beach Surf Company Radisson Resort at the Port Four Points by Sheraton 2210 South Atlantic Avenue Cocoa Beach, FL 32931 (321) 784-2318 From: Patricia Roth Finailto:P.Roth@cityofcapecanaveral.orq] Sent: Friday, January 6, 2023 4:26 PM To: Bob Baugher Cc: David Dickey Subject: Business and Economic Development Board Good afternoon. Thanks again for your interest in membership on the Business and Economic Development Board (Board). As you know, the Council will be considering the seven (7) submitted applications at their January 17th meeting. Your attendance is requested in case the Council has any questions. I want to point out that there are currently six vacancies of the Board. Therefore, not everyone will be appointed. Please let me know if you have any questions prior to the meeting. Dave David Dickey Community & Economic Development Director City of Cape Canaveral (321) 868-1220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 David Dickey Community & Economic Development Director City of Cape Canaveral Via Email: D.Dickey@cityofcapecanaveral.org RE: Business and Economic Development Board David, Attachment to January 17, 2023 Minutes City Council Regular Meeting January 9, 2023 With respect to my application for a position on the Business and Economic Development Board, I write to give a brief overview of my business involvement within the Cape Canaveral and in the area. I will unfortunately not be able to attend the Council meeting on January 17th due to previously arranged travel commitments. I am the managing partner or a partner in the following businesses within Cape Canaveral: 1. Cape Hotel Group LLC — dba Springhill Suites Cape Canaveral 2. Reef Hotel Group LLC — dba TownePlace Suites Cape Canaveral 3. CCJV LLC — owner of the multi -tenant building located at 8550 Astronaut Blvd. Property also has a 2 acre outparcel that will be developed in the near term. 4. Port Parking LLC — dba Port Parking Space at Port Canaveral — cruise parking operation located at 8945 Columbia Rd 5. BRB Enterprises LLP — owner of 11 acres of vacant land for near term development in Cape Canaveral 6. Maysen Properties LLC — owner of 7 acres of vacant land for near term development in Cape Canaveral I am also the managing partner of Ocean Partners Hospitality LLLP that owns and operates 4 hotels in Cocoa Beach. I currently serve on the board of directors of Cypress Bank & Trust. I am a sitting member of the Brevard County Tourist Development Council and serve on the Holy Trinity Episcopal Academy board of trustees. My partners and I developed the Residence Inn Cape Canaveral in 2006 but sold this property in 2014. I believe my past, current and future business and development activities will allow me to provide valuable input to this board. Thank you and the members of the Council in advance for considering my application to serve. Respectfully, (Signature) Tom C Hermansen