HomeMy WebLinkAboutcocc_council_mtg_minutes_20230516_6p_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
May 16, 2023
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:11 p.m. City resident Arlyn DeBlauw
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor
Mayor Pro Tem
Council Member
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Council Member Absent:
Council Member Kim Davis
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 Chief Resilience Manager
Public Works Services (PWS) Director
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
Tim Carlisle
Dave Dickey
Zachary Eichholz
June Clark
Lisa Day
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council reached consensus
to approve the Agenda as written.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation honoring the City of Cape Canaveral's 60th Anniversary: Mayor
Morrison read the Proclamation, noted the letters and proclamation received from various local,
County and State elected officials on display, thanked Staff and the City's 60th Anniversary
Committee, and wished the City a Happy 60th Birthday.
Presentation of and commitment to an updated City of Cape Canaveral Stands Against Hate
Proclamation. (Submitted by Mayor Pro Tem Raymond): Mayor Pro Tem Raymond read the
Proclamation.
City of Cape Canaveral, Florida
City Council Regular Meeting • May 16, 2023
Minutes • Page 2 of 5
Mission Space Coast unified branding initiative presented by Angela Neal, Director of Special
Projects, Economic Development Commission of Florida's Space Coast: Ms. Neal made the
Presentation. Mayor and Council expressed thanks.
Interview Applicants for appointment to the Board of Adjustment. (Steve Hepp and Adler
Moldenhauer): City Attorney Garganese explained the information contained in Mr. Hepp's and
Mr. Moldenhauer's applications had been confirmed to be true and correct at the last Board of
Adjustment Meeting. Mr. Hepp discussed his background and desire to serve. Mr. Moldenhauer
discussed his background and desire to serve. Mayor and Council thanked both applicants.
PUBLIC PARTICIPATION: Dr. Shannon Roberts, resident, wished the City a Happy Birthday,
inquired about public comments made during the Strategic Planning Retreat, requested City
Lobbyist Jason Steele and/or State Representative Sirois provide reports on the results from the
State Legislative Session, and expressed concern regarding Port Canaveral's cruise traffic
landlocking portions of the City. Discussion ensued and included how the Strategic Planning
Retreat public comments will be included in Meeting Minutes for approval at the June City
Council Regular Meeting, and having Representative Sirois make a presentation to Council would
be a good idea. City Manager Morley indicated desire to receive a report from Mr. Steele. Felicia
Worobetz, property owner, discussed a proactive versus reactive approach regarding coyotes in
the City. Heather Parker -Jones, property/business owner, discussed desire for the Council to
revisit/reconsider the 7-day Short-term Rental regulation in the City. David D. Jones,
property/business owner, distributed pamphlets to the Council and discussed issues/negative
impacts to his business due to the 7-day Short-term Rental regulation, and requested the Council
revise the City Code. Brad Pervell, resident, discussed his surprise over the new Stands Against
Hate Proclamation which proved that the City listens to their constituents, thanked the Council
and Staff for addressing the Canaveral City Park issues, and urged for the Splash Pad to be open
Sundays. Kristin Lorti, Cocoa resident, expressed support for the City's public engagement and
comment policy.
CONSENT AGENDA: Council Member Willis removed Items 3 and 4.
1. Approve the Minutes of the City. Council April 18, 2023 Regular Meeting.
2. Resolution No. 2023-05; appointing Members to the Board of Adjustment of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Steve Hepp and Adler Moldenhauer)
3. Resolution No. 2023-08; amending Appendix B, Schedule of Fees of the City Code to
include registration and inspection fees related to golf carts under Chapter 74, Article IV
of the City Code, providing for the repeal of prior inconsistent resolutions, incorporation
into the Code, severability and an effective date.
4. Resolution No. 2023-09; amending Appendix B, Schedule of Fees of the City Code to
include fees related to application fees related to Small Hauler Construction & Demolition
Debris collection under Section 62 of the City Code, providing for the repeal of prior
inconsistent resolutions, incorporation into the Code, severability and an effective date.
5. Approve proposal from Kimley Horn and Associates, Inc. (KHA) in the amount of up to
$77,500 for the planning and designing of a low impact development -based bioswale at
Veterans Memorial Park and authorize City Manager to execute the same.
6. Approve proposal from First Light Technologies/Graybar in the amount of $131,579 for
the purchase of thirty-nine (39) solar lights and an additional four (4) lights.
City of Cape Canaveral, Florida
City Council Regular Meeting • May 16, 2023
Minutes • Page 3 of 5
A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to
approve the Consent Agenda Items 1, 2, 5 and 6. The motion carried 4-0, with Council
Member Davis absent.
#3 Discussion ensued and included how to address and deal with penalties under the State's
uniform traffic code, treating penalties like any other Code Enforcement violation mechanism,
infraction fees, concerns over whether the public will understand the ramifications, City Staff
created webpage regarding requirements and penalties. A motion was made by Council
Member Willis, seconded by Council Member Kellum, to approve Resolution No. 2023-08.
The motion carried 3-1, with Council Member Davis absent and Mayor Pro Tem Raymond
against.
#4 Discussion ensued and included desire to add "/Renewal Fee..." to appear in Appendix B —
Schedule of Fees related to Code Section 62-7, Solid Waste as "(e) Application/Renewal Fee —
Small Hauler Franchise..." Council reached consensus to amend the Resolution. A motion was
made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve
Resolution No. 2023-09, as amended. The motion carried 4-0, with Council Member Davis
absent.
PUBLIC HEARINGS:
7. Ordinance No. 05-2023; providing for the granting of a Non -Exclusive Franchise to
Fusionsite Florida, LLC d/b/a Freedom Waste Services for small hauler Construction &
Demolition Debris collection in roll -off containers under 20 cubic yards in size within the
jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under
which franchise shall operate; providing for conflicts, severability, and an effective date, first
reading: City Attorney Garganese read the title into the record. The Public Hearing was opened.
There being no comment, the Public Hearing was closed. A motion was made by Council
Member Willis, seconded by Council Member Kellum, to approve Ordinance No. 05-2023,
at first reading. The motion carried 4-0, with Council Member Davis absent.
8. Ordinance No. 06-2023; providing for the granting of a Non -Exclusive Franchise to
Tropical Carting & Recycling, LLC for small hauler Construction & Demolition Debris collection
in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape
Canaveral; outlining franchise duties; imposing requirements under which franchise shall
operate; providing for conflicts, severability, and an effective date, first reading: City Attorney
Garganese read the title into the record. The Public Hearing was opened. Scott Holmes, CEO of
Tropical Carting and Recycling, LLC, discussed support for adding the renewal language to
Resolution No. 2023-09. The Public Hearing was closed. A motion was made by Council
Member Kellum, seconded by Council Member Willis, to approve Ordinance No. 06-2023,
at first reading. The motion carried 4-0, with Council Member Davis absent.
9. a. Ordinance No. 07-2023; amending Section 26-3 of the City Code regarding the Election
Qualifying Period requirements for the Office of Mayor and City Council in accordance with
Section 2.02(b) of the City Charter; 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. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
City of Cape Canaveral, Florida
City Council Regular Meeting • May 16, 2023
Minutes • Page 4 of 5
Council Member Kellum, seconded by Council Member Willis, to approve Ordinance No.
07-2023, at first reading. The motion carried 4-0, with Council Member Davis absent.
b. Resolution No. 2023-06; adopting a Qualifying Statement for qualifying candidates for
Mayor and City Council pursuant to the requirements of Section 26-3 of the City Code and
Section 2.02(b) of the City Charter; providing for alterations, grammatical and error
corrections by the City Clerk, repeal of prior inconsistent resolutions, minor severability and
an effective date: Mayor Morrison read the title into the record. Kristin Lortie, Cocoa resident,
discussed support for Resolution No. 2023-06. A motion was made by Mayor Pro Tem
Raymond, seconded by Council Member Willis, to adopt Resolution No. 2023-06. The
motion carried 4-0, with Council Member Davis absent.
ITEMS FOR DISCUSSION:
10. Discuss the findings of the Wastewater Sufficiency Analysis requested by Council at the
June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the
7.5% Wastewater Rate increase for FY23/24 as set forth in the 2022 Analysis: City Manager
Morley explained the Item. Administrative/Financial Services Director DeLeo clarified how this
comes out of the City Enterprise Fund, there is contingency, and confirmed no action is required
unless Council decides otherwise. No Council action was taken.
11. Coyotes in Cape Canaveral (Submitted by Mayor Morrison): Mayor Morrison discussed
recent sightings and incidents involving coyotes over the past few week, sharing a link to the
Humane Society webpage regarding management of coyotes, support for humane actions, and
discussed removal of things that attract animals such as food for feral cats, trash cans, fallen fruit
from trees, implementing hazing, and how relocation is tough because they are adaptable. City
Manager Morley discussed two documents now available on City social media, Florida Fish and
Wildlife Conservation (FWC) and Humane Society websites. Discussion ensued and included
sighting of coyotes on the riverside of the City, giving citizens a way to report wildlife such as
peacock, and utilizing educational videos. Dr. Shannon Roberts, resident, discussed citizen
concerns regarding living with wildlife, coyote dens at Jetty Park and in the beach dunes and
encouraged posting information sheets from FWC on community bulletin boards. Arlyn DeBlauw,
resident, discussed sightings at Shorewood and Solana Shores. No Council action was taken.
12. Volunteers in Cape Canaveral (Submitted by Mayor Morrison): Mayor Morrison
explained the Item. City Manager Morley distributed and discussed a Staff -created document
entitled City Volunteers detailing current City -volunteer programs and how to get involved.
Discussion ensued and included past volunteer projects in the City's history such as painting Cape
View Elementary, planting trees and sea oats, identifying low -risk volunteer projects outside of
what the City normally does, keeping sidewalks and planters clean, promoting existing
opportunities, and the Volunteer Advisory Board Appreciation Dinner which was held at the
Radisson Resort and at Manatee Sanctuary Park in years past. Council reached consensus to add
an annual Volunteer Advisory Board Appreciation event to the proposed Budget. Discussion
continued regarding having a picnic for volunteers to accommodate those volunteers with young
children, and the status of the Brevard County Sheriff's Office Citizen On Patrol program provided
by Commander Keck, which is open to applications.
City of Cape Canaveral, Florida
City Council Regular Meeting • May 16, 2023
Minutes • Page 5 of 5
REPORTS: Commander Keck discussed the Thunder on Cocoa Beach speed boat race scheduled
for the weekend and impacts to traffic on State Road A1A.
City Manager Morley discussed the status of red flashing lights ordered for the Westbound Stop
sign at Poinsetta and Buchanan and the Presidential Master Plan speed devices to be installed
later; discussed the process for the City's Golf Cart Registration and Inspections and City Golf Cart
signage to be installed by June 1, 2023. Senior Code Enforcement Officer Palmer confirmed the
various way to access/complete the Golf Cart Registration Form online soon and to schedule
appointments with Staff. Discussion ensued regarding the total costs related to the Golf Carts
Program in the City.
Council Member Kellum thanked Council and Staff for support received over the last few years
regarding the Golf Carts Program in the City.
Council Member Willis discussed attending the Space Coast Transportation Planning Governing
Board Meeting and success in keeping two Cape Canaveral State Road A1A Projects at the top of
the list.
Mayor Morrison discussed attending a TEDx talk and private event on May 11, 2023 at the
Radisson Resort, and wished the City a Happy 60th Birthday.
Mayor Pro Tem Raymond discussed attending the Space Coast League of Cities Meeting on May
8, 2023, Town of Palm Shores Mayor McCormack's upcoming retirement celebration on May 19,
2023, and the success of the City's 60th Anniversary Popsicle Party with Cape View Elementary
School students and Staff.
ADJOURNMENT: The.Meeting was adjourned at 8:37 p.m.
(Signature)
Wes Morrison, Mayor
(Signature)
Mia Goforth, City Clerk
SEAL OF CAPE CANAVERAL, FLORIDA