HomeMy WebLinkAboutcocc_council_mtg_minutes_20230620_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
June 20, 2023
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor
Mayor Pro Tem
Council Member
Mickie Kellum
Kim Davis
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
Assistant City Attorney
City Clerk
Administrative/Financial Services Director
Community and Economic Development (C+ED) Director
C+ED Chief Resilience Manager
C+ED Senior Planner
HR/Risk Management Director
Parks and Recreation + Community Affairs Director (PRCA)
Public Works Services (PWS) Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Todd Morley
Kristin Eick
Mia Goforth
John DeLeo
Dave Dickey
Zachary Eichholz
Kyle Harris
Melinda Huser
Molly Thomas
June Clark
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council Member Kellum
requested and discussion ensued and included Council consensus to amend the Agenda for a
discussion about the resignation of the City's Legislative Representative Jason Steele be placed
after the Consent Agenda. A motion was made by Council Member Kellum, seconded by
Council Member Willis, to add on a Discussion Item regarding the resignation of Jason
Steele and hiring a new lobbyist for the City. The motion carried 5-0. A motion was made
by Council Member Willis, seconded by Mayor Pro Tem Raymond, to accept the Agenda.
The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation promoting the collaborative efforts of the City's Public Works Services Staff and
Carib Brewery USA in the development of a state-of-the-art wastewater treatment system
within Carib Brewery USA's Cape Canaveral -based brewery: Supply Chain Manager Juan Romero
made the Presentation. Discussion ensued regarding contacting TREND Magazine and Florida
League of Cities Quality Cities to promote these efforts further. Mayor and Council expressed
thanks to the Cape Canaveral Public Works Services Team and Mr. Romero.
City of Cape Canaveral, Florida
City Council Regular Meeting • June 20, 2023
Minutes • Page 2 of 5
PUBLIC PARTICIPATION: Brad Pervell, resident and property owner, thanked the City and
Mayor Pro Tem Raymond for prompt action regarding anti -ethnic activity in the City, thanked
Parks and Recreation Staff regarding the trash can issue at Cape Canaveral City Park, and
suggested the City submit a request for variance to the State regarding regulations related to
bathroom location in order to allow the Splash Pad to remain in operation on Sundays.
Bob Levine, resident and property owner, discussed various frustrations regarding short-term
rentals in the City, and reported a motorhome parked next to his home. Discussion ensued and
included addressing the motorhome issue with Code Enforcement and advice to report noise
and other complaints to the Brevard County Sheriff's Office and Code Enforcement going
forward.
David Jones, property owner and short-term rental business owner, discussed struggles with and
desire to reduce the City's seven-day minimum stay requirements for short-term rental owners,
and issues with the ProChamps Program. Discussion ensued and included Mayor Morrison's offer
to meet with Mr. and Mrs. Jones regarding the issue, and how the couple were unaware of the
seven-day minimum prior to purchasing properties.
CONSENT AGENDA:
1. Approve Minutes for the March 29, 2023 Strategic Planning Retreat and the May 16, 2023
City Council Workshop and Regular Meetings.
2. Resolution No. 2023-07; adopting a Fee Schedule for Pavilion Rentals at Manatee
Sanctuary Park and Banana River Park; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
3. Resolution No. 2023-11; adopting a fee schedule for athletic field rentals at Canaveral City
Park and Banana River Park; providing for the repeal of prior inconsistent resolution,
severability and an effective date.
4. Resolution No. 2023-12; establishing a discount for charitable and social welfare
organization and community partners to rent City facilities at the Nancy Hanson
Recreation Complex, Canaveral City Park and the City of Cape Canaveral Community
Center; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
5. Approve the 2023 City Council Regular and Budget Meeting Schedule, as amended.
A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to
approve the Consent Agenda. The motion carried 5-0.
Add -on Agenda Item regarding the resignation of Jason Steele and hiring a new lobbyist
for the City: City Manager Morley explained the City's Legislative Representative Jason Steele's
appointment by Governor DeSantis to fill the Brevard County Commission vacancy left by District
5 Commissioner Kristine Zonka, the City Attorney's advice to terminate the current contract
agreement with Mr. Steele and Smith and Associates, and Mr. Steele's satisfactory work for the
City. City Attorney Eick advised the Council may terminate the agreement effective immediately.
Discussion ensued and included desires to terminate the agreement now and to interview
prospective replacements over the next few weeks, Former Florida Senator Mike Haridopolos as
a potential candidate for the City and who will be representing the Town of Indialantic through
the law firm of Smith and Associates. City Manager Morley discussed the need for Council to
choose a representative before the next legislative session next year and suggested a motion to
terminate the current agreement and bring back applicants for Council consideration. Discussion
City of Cape Canaveral, Florida
City Council Regular Meeting • June 20, 2023
Minutes • Page 3 of 5
continued regarding the Space Coast League of Cities Advocacy Team visits Tallahassee in
September/October, plans for Council to make recommendations for candidates to interview by
September. Council reached consensus to provide legislative representative recommendations
to City Manager Morley for preliminary meetings by August, and then have candidates ready
for interviews at the September Regular City Council Meeting. A motion was made by Council
Member Willis, seconded by Council Member Kellum, to terminate the contract with the
legislative representative. The motion carried 5-0.
PUBLIC HEARINGS:
6. 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,
second reading: City Attorney Eick 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 Kellum, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 05-2023,
at second reading. The motion carried 5-0.
7. 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, second reading: City
Attorney Eick 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 Davis,
seconded by Council Member Willis, to adopt Ordinance No. 06-2023, at second reading.
The motion carried 5-0.
8. 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, second
reading: City Attorney Eick 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
Kellum, seconded by Council Member Willis, to approve Ordinance No. 07-2023, at second
reading. The motion carried 5-0.
ITEMS FOR ACTION:
9. Approve the City Council Strategic Planning Retreat Final Summary Report dated June
20, 2023 and approve the New Projects Worksheet dated May 16, 2023: City Manager Morley
explained the Item. Discussion ensued regarding funding sources mentioned under Civic Hub
Phase II. A motion was made by Council Member Davis, seconded by Council Member Willis,
to approve the Strategic Planning Retreat Report and the Worksheet, as written. The
motion carried 5-0.
Mayor Morrison recessed the meeting at 7:24 p.m. The meeting reconvened at 7:33 p.m.
City of Cape Canaveral, Florida
City Council Regular Meeting • June 20, 2023
Minutes • Page 4 of 5
10. Ratify the Composite City Manager Performance Evaluation and discuss/determine how
to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment
Agreement between the City of Cape Canaveral and City Manager Todd Morley: HR/Risk
Management Director Huser explained the Item. Discussion ensued and included computing the
percentages for City Manager's salary which currently reflects as a high Director -level rate, last
year's across-the-board pay adjustments to employee pay, various suggested percentage -based
pay increases for Mr. Morley starting at 6% and up to 13% with an increase from $350.00 to
$500.00 for car allowance, comparisons with other municipalities based on similarities to Cape
Canaveral regarding location, numbers of employees, populations, admiration for Mr. Morley's
management style, whether or not there is a need to maintain a gap between the City Manager
pay and employees and a desire for more data for comparison. Ms. Huser discussed how Directors
received an 11 percent increase last year that accounted for inflation which Mr. Morley's increase
did not, Mr. Morley was offered the job at Cocoa Beach, and expressed the great working
atmosphere at the City under Mr. Morley's management, and the need to keep wages competitive
in order to avoid Staff turnover. Discussion continued regarding whether or not other
municipalities have gone through their City Manager Review Process yet, employee turnover
during the previous administration, a suggestion that the previous City Manager was unfairly
rewarded, the City Council's remarkable job in compensating all employees last year, and how
elected officials must answer to the residents for paying a City Manager of a City that is 1.9 square
miles. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Willis,
to ratify the City Manager Evaluation, propose an 11 percent increase in salary, and a
$500.00 per month car allowance for Mr. Morley. Discussion ensued regarding the total hourly
and dollar amounts for annual salaries of 10, 11 and 13 percent increases plus car allowance, Mr.
Morley began as Interim City Manager in 2019, reasons for not supporting the motion on the
floor, and clarification of the motion made. The motion carried 3-2, with Council Member
Kellum and Mayor Morrison voting against. Council thanked City Manager Morley, and Mr.
Morley expressed thanks and stated it is an honor to work for the City.
ITEMS FOR DISCUSSION:
11. Discussion Item - status update regarding Cherie Down Park: City Manager Morley
explained the Item and a proposed Interlocal Agreement between the City, the Brevard County
Board of County Commissioners and Brevard Public Schools, and three principal items required
by the County: 1.) Never change the name of the Park, 2.) Maintain as a passive recreation Park,
and 3.) Maintain beach renourishment funding eligibility through grant program. Discussion
ensued and included opposition to City acquisition of the Park, ongoing operational conditions
of the Agreement, pros and cons of acquisition, costs to the City for lifeguards, using volunteers
for Park maintenance, the need for paid parking in order to maintain the Park, desire to decline
acquisition for now, and for the City to have total control of the Park. City Manager Morley
discussed the portion of the property owned by Brevard Public Schools which they lease to the
County, how the City would not own the Brevard Public Schools portion of the Park, and intention
to forward the latest version of the proposed Interlocal Agreement with Brevard County to the
entire Council. Council reached consensus to take everything out of the proposed Interlocal
Agreement other than the three Brevard County principal requirements.
12. Cape Canaveral Community Center Splash Pad (Submitted by Council Member Willis):
Council Member Willis explained the Item. PRCA Director Thomas discussed the Splash Pad itself
does not need to be staffed, the State Health Department's requirement for restrooms to be less
than 200 feet from the facility, and opening the C5 which requires staffing the building. City
City of Cape Canaveral, Florida
City Council Regular Meeting • June 20, 2023
Minutes • Page 5 of 5
Manager Morley discussed consideration of Mr. Pervell's idea to go back the State for a variance
and possible use of the City Attorney to develop that plan. Discussion ensued and included
entrance and measurement methodology related to the Splash Pad and allowing the City Attorney
assist the City. Council reached consensus to allow Staff to move forward with the options and
keep Council apprised. Discussion continued regarding daily vandalism issues at the Park and
State restroom requirements related to the Splash Pad.
REPORTS:
City Manager Morley discussed Coffee with the City Manager scheduled for Friday, June 23 and
thanked the City Council.
Mayor Pro Tem Raymond discussed attending the ribbon cutting at Sassy Spoon May 17,
Memorial Day celebration at Veterans Park, 30th Anniversary Gala of the Brevard County Chapter
of the NAACP June 3 and suggested the City give employees the Juneteenth holiday off, Space
Coast League of Cities June 12, Florida Inland Navigation District Board of Commissioners meeting
June 16, and Space Coast Transportation Organization annual Open House June 6.
Council Member Willis discussed attending Coffee with a Cop June 5, meeting with City Manager
Morley and Staff regarding electric vehicle charging stations on June 6, Space Coast
Transportation Planning Organization Vision Zero with Arlyn DeBlauw and Alexis Miller June 14,
and Florida Inland Navigation District Board of Commissioners meeting June 16.
Council Member Davis stated she was glad to be back and thanked Staff for the support.
Mayor Morrison discussed he too was glad that everyone is back, desire for the Florida Fish and
Wildlife make a presentation regarding coyotes and other wildlife in Cape Canaveral, Hurricane
Season preparation and sandbags. City Manager Morley discussed efforts underway to have
sandbags ready for deployment when needed with a Manatee Sanctuary Park pick-up point, and
volunteers for distribution. Mayor Morrison thanked Staff for the Golf Cart Program Packet for
information, discussed attending Florida Inland Navigation District Board of Commissioners
meeting June 16, the Space Coast Transportation Planning Organization Connections Meeting,
and Cocoa Beach Highschool Graduation Ceremony.
ADJOURNMENT: The Meeting was adjourned at 8:37 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL of Cape Canaveral, Florida