HomeMy WebLinkAboutcocc_council_mtg_minutes_20230418_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
April 18, 2023
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
Mayor Pro Tem
Council Member
Kim Davis
Wes Morrison
Angela Raymond
Don Willis
Council Member Absent:
Council Member Mickie Kellum
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development (C+ED) Director
C+ED Senior Planner
C+ED Chief Resilience Manager
C+ED Resilience Engineering Services Manager
Public Works Services (PWS) Director
PWS Deputy Director/Lab Manager
PWS/Infrastructure Maintenance (IM) Manager
PWS/IM/Lead Maintenance Specialist/Arborist
Executive Assistant to the City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Dave Dickey
Kyle Harris
Zachary Eichholz
Lexi Miller
June Clark
Jessica Erdman
Dave Coulter
Tim Davis
Lisa Day
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written.
The motion carried 4-0, with Council Member Kellum absent.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring April 2023 as Parliamentarian Month in the City of Cape
Canaveral to National Association of Parliamentarians representative Betti Cogswell: City
Manager Morley read the Proclamation while Mayor Morrison presented it to Ms. Cogswell. Ms.
Cogswell discussed the history of Robert's Rules of Order, Parliamentary Procedure and thanked
Council.
City of Cape Canaveral, Florida
City Council Regular Meeting • April 18, 2023
Minutes • Page 2 of 6
Presentation of Proclamation declaring Friday, April 28, 2023 as Arbor Day in the City of Cape
Canaveral to promote urban forestry and awareness: City Manager Morley read the Proclamation
while Mayor Morrison presented it to Florida Forest Service, Urban Forestry Partnership
Coordinator Matt Kennard. Mr. Kennard thanked Council and expressed interest in working with
the City on future grants for urban forest projects. Public Works Services (PWS) Director Clark and
PWS Infrastructure Maintenance (IM) Manager Coulter recognized PWS/IM/Lead Maintenance
Specialist and City Arborist Tim Davis for his 27 years of dedicated service to the City. Mr. Davis
shared personal experiences and pride in accomplishments working for the City and with Staff
over the years. C+ED Chief Resilience Manager Eichholz discussed the City's plans for 2023 Earth
Day and Arbor Day Tree Giveaway scheduled Tuesday, April 25, 2023 from 11:00 a.m. to 1:00 p.m.
at Manatee Sanctuary Park.
PUBLIC PARTICIPATION: Bob Levine, resident and property owner, discussed the need for
better enforcement related to code violations of parking, clean-up of chemicals, appliances and
dumpsters from view on Lincoln Avenue; and discussed opposition to vacation/short-term rental
business properties in the City commenting that homeowners have lost their rights.
Brad Pervell, resident and property owner, discussed concerns regarding anti-Semitic, ethnic
intimidation flyers thrown on his property, expressed frustration after having reported the act to
law enforcement and the Federal Bureau of Investigation, encouraged the Council to do more to
denounce hate, and suggested a desire to work with the City regarding a program to teach
children about the issue. Mayor Pro Tem Raymond discussed the City's 2020 Anti -Hate
Proclamation and suggested contacting Staff to view it. Mr. Pervell then discussed concerns
regarding the management of the Splash Pad and Canaveral City Park.
Andrea Shea -King, resident and property owner, discussed concerns for pedestrians and other
residents living around Buchanan and Orange Avenues, regarding vehicles speeding and
disobeying stop signs, and suggested the installation of speed bumps. Discussion ensued how
drivers on Buchanan Avenue are intent on beating the traffic light and how Staff will meet with
Brevard County Sheriff's Office to come up with a solution.
John Benton, visitor, discussed a request for a code reduction hearing.
Patrick Campbell, resident, discussed desire for the City Council to establish a chemical disposal
amnesty day, providing an alternative for residents to clean out their garages locally; and
discussed concern regarding coyotes killing pets in the City and surrounding area and expressed
desire for Council to either engage the Florida Wildlife Commission or do something to trap and
relocate the animals. City Manager Morley urged citizens to take precautions to protect their
pets.
Kristin Lorti, via webinar, discussed support for municipal government participation, the City's
Strategic Planning Retreat and future Workshop Meeting, and commended Council for allowing
public to participate in public meetings remotely.
Marko Hakamaa, via webinar, discussed support for installation of speed humps on East Central
Boulevard due to speeding vehicles.
CONSENT AGENDA: Mayor Morrison removed Item 3.
City of Cape Canaveral, Florida
City Council Regular Meeting • April 18, 2023
Minutes Page3 of 6
1. Approve the Minutes of the City Council March 21, 2023 Regular Meeting.
2. Resolution No. 2023-04; reappointing members to the Community Appearance Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Bob Nienstadt and Angela Trulock)
3. Direct Staff to collaborate with, and request from, the Florida Department of
Transportation and Space Coast Transportation Planning Organization recommendations
for and implementation of interim safety measures, plans, and strategies, with partial
support from the City's State Road A1A Replenishment Fund.
A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to
approve the Consent Agenda Items 1 and 2. The motion carried 4-0, with Council Member
Kellum absent.
#3 Discussion ensued and included the costs of the Item and how best to use the A1A
Replenishment Fund. Resilience Engineering Services Manager Miller discussed the plan to
negotiate with Florida Department of Transportation (FDOT) to reasonably carry the brunt of costs
to advance interim safety measures along with some planning study costs. Discussion continued
regarding Council desire for crosswalks, the meeting scheduled with FDOT the next day where
Council Member Willis and Ms. Miller will discuss these issues, how this would allow the City to
resolve safety issues now rather than later, and appreciation for efforts that went into the initiative.
A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to
approve Consent Agenda Item 3. The motion carried 4-0, with Council Member Kellum
absent.
PUBLIC HEARINGS:
5. Ordinance No. 04-2023; updating construction standards related to the National Flood
Insurance Program (NFIP) and participation in the NFIP's Community Rating System;
amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and
Building Regulations; 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 comment, the Public Hearing was closed. Resilience Engineering
Services Manager Miller discussed how the community will be impacted regarding the changes
to critical infrastructure the NFIP will make. A motion was made by Council Member Davis,
seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 04-2023, at second
reading. The motion carried 4-0, with Council Member Kellum absent.
ITEMS FOR ACTION:
5. Conditional Mediated Settlement Agreement related to the Special Magistrate.
Proceeding under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute
Resolution Act) in the matter Michael DiChristopher and Collete DiChristopher, Petitioner, v.
City of Cape Canaveral, Florida, Respondent: City Attorney Garganese explained the Item
including the statutory process prompted by the Petitioner. Discussion ensued regarding how the
lot split issue would come back to the Council should this Agreement be approved. Attorney Paul
Gougelman addressed the Council as Special Magistrate in this matter, explained the mediation
process and possible outcomes, discussed the best practice for finding a solution instead of going
to court, and urged Council's consideration of the Settlement Agreement. Attorney Kimberly
City of Cape Canaveral, Florida
City Council Regular Meeting • April 18, 2023
Minutes • Page 4 of 6
Rezanka spoke on behalf of the Petitioner, discussed the history of the lot split issue, and
requested Council approve the Settlement Agreement. Patrick Campbell, resident, discussed
opposition the Settlement Agreement. Marko Hakamaa, resident, discussed opposition to the
request for hardship. City Attorney Garganese raised a point of order that Council must only
consider the Settlement Agreement rather than variances or hardships so as not prejudice
themselves. Discussion ensued and included how the City is currently in the Florida Land Use and
Environmental Dispute Resolution Act process and the options before the Council.
Mayor Morrison recessed the meeting at 7:43 a.m. The meeting reconvened at 8:01 p.m.
Discussion continued regarding the technical aspects of the Florida Land Use and Environmental
Dispute Resolution Act. A motion was made by Council Member Davis, seconded by Mayor
Pro Tem Raymond, to approve the Conditional Mediated Settlement Agreement. Discussion
ensued and included next steps depending on approval or denial, support for and 'against
approval of the Settlement Agreement, and the Petitioners' choice to move through the statutory
process rather than submittal of a modified lot split plan outside of same. The motion carried
3-1, with Council Member Kellum absent and Mayor Morrison voting against.
6. Approve proposal from L7 Construction, Inc. in the amount of $1,380,070 for the
complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the
City Manager to execute same: City Manager Morley explained the Item. Discussion ensued and
included the original estimated cost of $1.2M for the project prior to going out for bid, the
difference in warranty between the two companies, why the higher bid was not considered, the
criteria Staff must follow to consider the lowest bid first, how in some cases the lowest bid may
not always be taken based on certain criteria, and how some company bids may reflect a higher
dollar amount based on how busy the company is at the time. A motion was made by Council
Member Davis, seconded by Mayor Pro Tem Raymond, to approve the proposal from L7
Construction, Inc. Discussion ensued regarding how the anticipated cost estimate was more than
double to the L7 bid and why Ovivo did not submit a bid for the project. Capital Projects Director
Ratliff discussed Tetra Tech's engineer estimate was $2M and that company was pleased to see
the City receive such a low bid for the project. The motion carried 3-1, with Council Member
Kellum absent and Mayor Morrison voting against.
7. Approve four (4) proposed resilience -based project funding matches, of up to a
combined $150,000 in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant
Program Applications' for critical energy backup needs and flood mitigation: City Manager
Morley explained the Item. Chief Resilience Manager Eichholz discussed the benefits of having
additional pumps for flood mitigation. A motion was made by Council Member Willis,
seconded by Council Member Davis, to approve Item 7. The motion carried 4-0, with
Council Member Kellum absent.
8. Schedule a date and time in May 2023 for a City Council Workshop to review the Draft
Summary Report for Projects presented at the Strategic Planning Retreat of March 29, 2023:
City Manager Morley explained the purpose for having the Workshop meeting, presentation of
the Items from the Strategic Planning Retreat for Council review and direction to Staff, and the
proposed date of May 16, 2023 just prior to the City's 60th Anniversary Celebration planned the
same day in the City Hall lobby. Discussion ensued and included the typographical error on the
Agenda Summary should reflect Tuesday, May 16, 2023, support for May 16, 2023, and how the
draft Summary Report from Doug Thomas will be submitted in time. Council reached consensus
City of Cape Canaveral, Florida
City Council Regular Meeting • April 18, 2023
Minutes • Page 5 of 6
to have the Workshop meeting on Tuesday, May 16, 2023. A motion was made by Mayor Pro
Tem Raymond, seconded by Council Member Willis, to start the Workshop at 5:30 p.m.
Discussion continued regarding desire for having more time for the Workshop prior to the Regular
City Council meeting, accommodating the 60th Celebration event, how thirty minutes may not be
unrealistic based upon Council familiarity of the handful of projects, and compromising with a
forty-five minute meeting. The motion failed 2-2, with Council Member Kellum absent, Mayor
Morrison and Council Member Willis against. Discussion ensued. A motion was made by
Council Member Willis, seconded by Mayor Morrison, to have the Workshop from 5:00 p.m.
to 6:00 p.m. The motion failed 2-2, with Council Member Kellum absent, Council Member
Davis and Mayor Pro Tem Raymond against. Discussion continued regarding a third motion as
a compromise to accommodatefor both the Celebration and the Workshop prior to 6:00 p.m. A
motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to start
the Workshop at 5:15 p.m. The motion carried 4-0, with Council Member Kellum absent.
ITEM FOR DISCUSSION:
9. Discuss the installation of DrownZero stations near public beach crossovers in
collaboration with the Cocoa Beach Rotary Club: City Manager Morley explained the Item. Senior
Planner Harris discussed the details of the Item and statistics on drownings in Brevard since
Thanksgiving 2021. Patrick Bols, Cocoa Beach Rotary Club, discussed occasional vandalism of the
station poles, replacement of rings, and the annual $500 fee for adoption/sponsors. Discussion
ensued regarding approval of appropriate signage for the ready-made station, maintenance,
support for the stations, and the need for county -wide coverage to make beaches safer. A motion
was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to authorize
the installation of DrownZero stations by Public Works Services Staff. The motion carried
4-0, with Council Member Kellum absent. Council thanked Mr. Bols.
REPORTS: Council Member Davis discussed working with the Space Coast League of Cities and
following State Legislation.
Council Member Willis discussed plans to meet with Florida Department of Transportation along
with Resilience Engineering Services Manager Miller on the 3R Project to discuss promoting the
projects in City, including pushing forward the crosswalks, and touring autonomous mobility
options at the BEEP, Inc. facilities in Orlando with SCTPO Citizen Advisory Committee Member
Arlyn DeBlauw.
Mayor Pro Tem Raymond discussed attending the Strategic Planning Retreat on March 29, 2023
and the Florida League of Cities Legislative Action Days the first week of April proposing affordable
housing and home rule initiatives to local Senators and Representatives, and the City -hosted
Space Coast League of Cities meeting on April 10, 2023.
City Manager Morley discussed being happy to be home from France and looking forward to the
upcoming Coffee with the City Manager on April 21, 2023 at Manatee Sanctuary Park.
Commander Keck noted the Coffee with the Cop on April 3, 2023. Discussion ensued regarding
the hate propaganda/flyers'in plastic baggies that were thrown into citizens yards, and bringing
back the City's Anti -Hate Proclamation for an update/sharing on social media.
City of Cape Canaveral, Florida
City Council Regular Meeting • April 18, 2023
Minutes • Page 6 of 6
Chief Resilience Manager Eichholz discussed Staff should be receiving a finalized quote in June
for Electric Vehicle Charging stations with City branding.
ADJOURNMENT: The Meeting was adjourned at 9:28 p.m.
(Signature)
Wes Morrison, Mayor
(Signature)
Mia Goforth, City Clerk
SEAL OF CAPE CANAVERAL, FLORIDA