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