HomeMy WebLinkAboutcocc_council_mtg_minutes_20230718_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
July 18, 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
City Attorney
City Clerk
Administrative/Financial Services Director
Deputy Finance Director
Capital Projects Director
Capital Projects Deputy Director
Community + Economic Development (C+ED) Dir.
C+ED Senior Planner
C+ED Chief Resilience Manager
C+ED Resilience Engineering Services Manager
Parks, Recreation + Community Affairs (PRCA) Dir.
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Canaveral Fire Rescue Deputy Chief/COO
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jenny Coldiron
Jeff Ratliff
Tim Carlisle
Dave Dickey
Kyle Harris
Zachary Eichholz
Alexis Miller
Molly Thomas
Lisa Day
Byron Keck
Scott Molyneaux
Dave Sargeant
Chris Quinn
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council reached consensus
to approve the Agenda as written.
PRESENTATIONS/INTERVIEWS:
Presentation by Robert Barto, Florida Manager, East Coast Greenway Alliance: Mr. Barto
conducted a slide presentation and discussed the mission, goals and accomplishments of the East
Coast Greenway Alliance. Discussion ensued regarding East Central Boulevard eligibility for
improvements if requirements of the Alliance are met. Council thanked Mr. Barto.
City of Cape Canaveral, Florida
City Council Regular Meeting • July 18, 2023
Minutes • Page 2 of 6
Interview Applicant for appointment to the Board of Adjustment. (Lewis G. Brewer): City
Attorney Garganese confirmed Mr. Brewer's eligibility to serve. Mr. Brewer discussed his interest
in volunteering and details of his background. Council thanked Mr. Brewer.
PUBLIC PARTICIPATION: John Benton, visitor, discussed a code reduction hearing request.
BUDGETARY ITEM:
1. Resolution No. 2023-13; adopting a Tentative Proposed Millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2023/2024 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison read the
title into the record. Discussion ensued and included support for millage rate reduction, support
for the Tentative Proposed Millage Rate, and Council's ability to only reduce the rate at a future
meeting. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member
Davis, to adopt Resolution No. 2023-13, as written. Discussion ensued and included desire to
go with a middle-of-the-road rate, affordable housing, the effect of ad valorem tax on renters and
desire to lower taxes, questions regarding Resolution Sections 1, 2 and 3, and desire for Staff to
double and triple check the rate calculations. Administrative/Financial Services Director DeLeo
confirmed using the same calculation as last year. Discussion continued regarding the Florida
Department of Revenue's formula. The motion carried 3-2, with Council Member Kellum and
Mayor Morrison voting against. Discussion continued regarding the vote against the
Resolution.
CONSENT AGENDA: Mayor Morrison removed Item 6, and Council Member Kellum removed
Items 5 and 7.
2. Approve Minutes for the June 20, 2023 Regular Meeting.
3. Resolution No. 2023-10; appointing a Member to the Board of Adjustment of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Lewis G. Brewer)
4. Resolution No. 2023-14; endorsing the designation of the Cape Canaveral Trail, segments
of North Atlantic Avenue, West Central Boulevard, and Ridgewood Avenue, as part of the
East Coast Greenway by the East Coast Greenway Alliance; providing a letter of support;
providing for the repeal of prior inconsistent resolutions, severability and an effective date.
5. Approve two (2) proposed resilience -based project funding matches, $180,000 General
Fund and $170,000 Wastewater Fund in the City's 2023/2024 Fiscal Year budget, for Hazard
Mitigation Grant Program Applications for critical energy production and backup systems.
Grant revenue to offset both projects will be $131,250 General Fund and $123,750
Wastewater Fund, resulting in net cost to the City not to exceed $95,000.
6. Authorize the City Manager to execute a Services Agreement with a selected Short-term
Rental and Mortgage Foreclosure registration and compliance company.
7. Approve Continuing Services Agreement with Kimley-Horn and Associates, Inc. for the
performance of day-to-day and Task Order engineering services on an as needed basis
and authorize the City Manager to execute same.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve the Consent Agenda Items 2 through 4. The motion carried 5-0.
#5 Discussion ensued and included the costs benefits and savings in electricity for both
portable generators and the two truck generators. Resilience Engineering Services Manager Miller
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Minutes • Page 3 of 6
explained the funding is connected to Hurricane Nicole, Brevard County is focused on continuity
of services, and how the flexibility and response would benefit the City regarding the City's
Wastewater Treatment Plant and the Cape Canaveral Community Center (C5) during a disaster as
an additional redundancy and a robust system for Brevard County Sheriff's Office Canaveral
Precinct in the event of power loss. Discussion ensued regarding support for the initiative, the
100% return on investments with this type of equipment, and the financial impact will be reflected
in the Proposed Budget at the August Workshop meeting. A motion was made by Council
Member Willis, seconded by Mayor Pro Tem Raymond, to adopt the Item as written. The
motion carried 5-0.
#6 Discussion ensued and included desire to review the Agreement, conducting a Special City
Council Meeting to consider the Item before the Regular Meeting in August. City Manager Morley
explained his goal to have a decision matrix for Council to review at the Regular August City
Council Meeting, providing Staff research to Council, and there being no immediate action
required. Council reached consensus to bring the Item back to the City Council Regular Meeting
of August 15, 2023.
#7 Discussion ensued and included entering into a contract under the proposed terms,
support for an in-house City Engineer, Section 2.3 of the Agreement which provides the City the
ability to use other contractors when needed, the blended fee rate with no minimum hours, and
the importance of convenience which may eliminate spending more money. City Manager Morley
reviewed minor changes made by Kimley-Horn that did not make it into the Packet when it was
originally published. A motion was made by Mayor Pro Tem Raymond, seconded by Council
Member Davis, to approve the Item. The motion carried 5-0.
ITEMS FOR ACTION:
8. Advance Capital Improvement Plan item FR-4 to the current fiscal year and approve
purchase of a new Pierce Velocity 100ft Ascendant Aerial Tower Truck, in the amount of
$432,194: City Manager Morley explained the Item. Discussion ensued regarding thirty months
for delivery. A motion was made by Council Member Kellum, seconded by Council Member
Willis, to purchase the Truck for $432,194, as written. The motion carried 5-0.
9. Approve proposal from Jobear Contracting, Inc. in an amount not to exceed $750,000
for the renovation and construction of Veterans Memorial Park and authorize the City
Manager to execute the same: City Manager Morley explained the Item including the Veterans
Memorial Park (VMP) Project timeline, cost increases starting in FY 2020/21 through now, and
his recommendation for Council to direct Staff to conduct value engineering to reduce total
costs. Discussion ensued and included inquiry over whether the $410,000 was for the entire Park,
postponing the Project will increase costs, and how the playground and bridge were removed
from the design plan. Capital Projects Deputy Director Carlisle explained the area for a bio-swale
stormwater improvement project is separate from the VMP Project, and Staff is working on
obtaining a grant for the bio-swale project. Discussion continued over concerns of the cost
increase, low usage of the Park, and delays due to the COVID-19 Pandemic. City Manager Morley
discussed the increase is not in the Proposed Budget but will appear in the next revised Proposed
Budget. Administrative/Financial Services Director DeLeo discussed possible use of funds in the
Community Redevelopment Area (CRA) Budget should Council approve the Item. Discussion
continued regarding the original Project name of Whimsy Park, usage of the Park will increase
after improvements are made, and concerns over increased costs versus benefit. City Manager
Morley explained approval of the Item should be stated as contingent upon the subsequent
City of Cape Canaveral, Florida
City Council Regular Meeting • July 18, 2023
Minutes • Page 4 of 6
approval of the CRA Board. A motion was made by Mayor Pro Tem Raymond, seconded by
Council Member Davis, to approve the Proposal from Jobear Contracting, Inc. for Veterans
Memorial Park contingent upon approval of the CRA Board. The motion carried 5-0.
Mayor Morrison recessed the meeting at 7:46 p.m. The meeting reconvened at 7:59 p.m.
10. Approve City -owned electric vehicle charging station upgrade project proposal, to
utilize NovaCHARGE networked NC8000 series charging stations, requiring user payment, and
a FY 23/24 budget allocation for the project in the amount of $120,000: City Manager Morley
explained the Item, the Project did not make it in time for publication in the Proposed Budget, it
will appear in the next revised Proposed Budget, and that Council could provide a differential
rate for residents. Chief Resilience Manager Eichholz explained the current status of the City's
electric vehicle charging stations (EV chargers) and the general outlook for the electric vehicles.
Discussion ensued and included whether users of the City EV chargers are primarily visitors or
residents, usage projections versus residents deciding to use power at home, current City EV
chargers do not provide visitor versus residential data, annual costs, support to discontinue
providing free electricity, and that the City will have complete control of the System should it
approve the Project. Oscar Rodriquez, CEO NovaCHARGE, discussed the company's Program
including software, current service areas in Orlando and throughout the country, and the user
pay program which features in-app QR (Quick Response) codes for local business advertising
and earned discount awards. Discussion with Mr. Rodriquez ensued and included expected State
legislative caps on pricing, standard AC chargers and adaptors related to voltage required on all
vehicles, recommended 5 year warranty for the NovaCHARGE equipment, user identification
system similar to toll roads, phone app includes RFID (Radio -Frequency Identification) security,
and first-time users can access the system within 5 minutes. City Manager Morley explained
approval of the Item would be contingent upon subsequent CRA Board approval. Discussion
ensued regarding a future fee schedule, car charging time variability, forthcoming decisions to
be made regarding managing revenues. A motion was made by Mayor Pro Tem Raymond,
seconded by Council Member Willis, to approve the Contract with NovaCHARGE
contingent upon CRA Board approval. Discussion ensued and included timing of
implementation of the Project, public outreach, a start date of October 1, 2023, shutting down
the current chargers, Hurricane Season and loss of power, support for immediate action, and
Staff outreach to announce charger shut-off Wednesday, July 19, 2023 if Council chooses. City
Manager Morley advised for a separate motion from the Main Motion. Discussion continued
regarding shutting off EV charger power without CRA Board approval, and the previous
administration's decision to provide free EV charging. The motion carried 5-0. Discussion
continued regarding the existing chargers and plans to keep and repurpose those assets. A
motion was made by Mayor Morrison, seconded by Mayor Pro Tem Raymond, to terminate
electric vehicle charging tomorrow. Discussion ensued regarding sharing the information
about the termination of the EV chargers by close of business tomorrow. The motion carried 4-
1, with Council Member Davis voting against. City Manager Morley discussed the need for
the CRA Board to consider the Council -approved Items contingent upon CRA Board approval.
Discussion ensued and included when best to call a CRA Board Meeting. City Attorney Garganese
advised Council to have funding secured before entering into the contract. Council reached
consensus for a Member of the CRA Board to email the City Clerk's Office should they desire
to schedule a CRA Board Meeting before September 20, 2023. City Manager Morley stated the
contract will not be signed until the matter is settled.
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City Council Regular Meeting • July 18, 2023
Minutes • Page 5 of 6
11. Appoint one (1) Council Member to the City's internal Local Roads Committee: City
Manager Morley explained the Item. A motion was made by Council Member Davis, seconded
by Mayor Pro Tem Raymond, to appoint Council Member Willis to serve. City Attorney
Garganese recommended the Council Member on the Committee serve as a liaison and not as a
voting member, and Committee Members must not communicate with each other, depending
on the subject matter, unless they are in an open public meeting. City Manager Morley clarified
the Committee's purpose to review items and present information to the City Manager, who in
turn will make appropriate recommendations to the City Council. Discussion ensued and
included having one aggregate meeting with the City Council, alternating Council Members to
participate in each meeting, desire for citizen representation on the Committee, and Council
Member Willis confirming willingness to serve. The motion passed 5-0.
ITEMS FOR DISCUSSION:
12. Juneteenth Holiday Proposal (Submitted by Mayor Pro Tem Raymond): Mayor Pro Tem
Raymond explained the Item. A motion was made by Mayor Pro Tem Raymond, seconded by
Council Member Davis, to direct Staff to draw up a resolution to make Juneteenth a paid
holiday for City employees. Discussion ensued and included the eleven paid Federal Holidays
recognized by the City, support for taking all Federal Holidays as paid including Columbus Day,
whether the City can afford extra holidays for people not working and paying them, and
uncertainty over the decision being within City Manager versus Council purview. City Manager
Morley indicated a need to consult with the City Attorney before a decision to bring back a
resolution and the need for further research. Council reached consensus to rescind the Motion.
13. No Smoking in City Parks and the beach, especially when children are present.
(Submitted by Mayor Pro Tem Raymond): Mayor Pro Tem Raymond explained the Item.
Discussion ensued and included success with the measure in the City of Indian Harbor Beach and
cigarette litter is what Staff finds most during trash pick-ups on the beach. City Manager Morley
suggested Council direct Staff to prepare a memorandum to the Council regarding ideas on
implementation and then meet again on the topic for more direction. City Attorney Garganese
advised current City Code makes it unlawful to consume any tobacco products in City parks,
including the City beach, provided tobacco -free areas are created. Discussion ensued regarding
signage, tobacco -free area designations, and State law authorizes cities to adopt these areas with
administrative action. Council reached consensus to direct Staff to prepare a memorandum to
Council and bring the issue back to a future meeting.
14. Coyote Management Plan in Cape Canaveral (Submitted by Mayor Morrison): Mayor
Morrison explained the Item. Discussion ensued and included an upcoming presentation from the
Florida Fish and Wildlife Commission, the Management Plan link from the Humane Society, and
abatement of the problem through legislative action by the Council.
15. Life Safety Discussion on S.R. A1A and the Beach/Ocean (Submitted by Mayor Morrison):
Mayor Morrison discussed another recent fatality on State Road A1A, recent drowning rescues
and drowning deaths from here to Cocoa Beach, and what to do about the issues.
16. Sign Code (Submitted by Mayor Morrison): Mayor Morrison discussed desire to revise
the City Code regarding temporary, and election signs in the Code.
17. Discussion on Community Development -Building Dept. -Code Enforcement (Submitted
by Mayor Morrison): Mayor Morrison explained concerns over complaints received related to
City of Cape Canaveral, Florida
City Council Regular Meeting • July 18, 2023
Minutes • Page 6 of 6
Community and Economic Development's Building Inspection and Code Enforcement regarding
project delays in the City, and desire for the rest of the Council to understand these issues.
Discussion ensued regarding a call for the Mayor to provide more details and information on
discussion items in order for Council understand what it is that needs to be discussed. Mayor
Morrison stated he does not have all of the information but has been working on these issues for
a long time, and expressed concern over the 2023/24 FY Budget versus the challenges in this area.
REPORTS: Council Member Kellum discussed plans by the American Legion, the VFW and
hopefully the City to partner in having the first Veterans Day Parade on November 11, 2023, and
an organizational meeting to be held at the VFW at 11 a.m. on Thursday, July 20, 2023. Council
Member Willis announced Coffee with a Cop will be 9 a.m., Monday, August 7, 2023 at Cherie
Down Park.
ADJOURNMENT: The Meeting was adjourned at 10:03 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL of Cape Canaveral, Florida