HomeMy WebLinkAboutcocc_council_mtg_minutes_20230815_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
August 15, 2023
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:59 p.m. Council Member Willis 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
Capital Projects 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.
Public Works Services Director
Public Works Wastewater Plant Manager
Executive Assistant to 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
Alexis Miller
Molly Thomas
June Clark
Paul Prince
Lisa Day
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued regarding
two Add -On Items and where to place them on the Agenda, Council Member Willis requested his
Discussion Item regarding signalized crosswalks on State Road A1A appear after Item 8, and City
Manager Morley requested the Veterans Memorial Park Item appear after Item 7. A motion was
made by Council Member Willis, seconded by Council Member Davis, to add the Items in
that order. Motion carried 5-0
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamations, commending the timely actions of officials from the United
States Coast Guard, the Brevard County Sheriff's Office, and the Florida Department of
Environmental Protection in response to a beachside material spill on June 29, 2023: Mayor
Morrison read the Proclamation, and presented individual copies to the representatives from each
agency. The Coast Guard and Commander Keck expressed thanks to the City.
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City Council Regular Meeting • August 15, 2023
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Presentation of Proclamation declaring September 2023 as "National Suicide Prevention
Month" to Wayne Price, Director of Communications, Space Coast Health Foundation: Mayor
Morrison read the Proclamation and presented it to Mr. Price and Kelly Haskins, President and
Founder, Do It For Hunter, Inc. Ms. Haskins thanked the City and invited everyone to attend You
Matter Day on Saturday, September 16, 2023 in Merritt Island from 10:00 a.m. — 3:00 p.m., and go
to doitforhunter.org for more information.
Presentation of Proclamation declaring August 2023 as "Florida Water Professionals Month"
to City Public Works Services Staff, representing the Florida Water & Pollution Control
Operators Association: Mayor Morrison read and presented the Proclamation to Cape Canaveral
Public Works Wastewater Plant Manager Paul Prince.
Presentation by Craig Wallace with the Brevard Indian River Lagoon Coalition: Mr. Wallace
commended City Chief Resilience Manager Eichholz, thanked the City for its partnership, and
made the Presentation. Mr. Wallace encouraged participation in the Lagoon restoration program.
PUBLIC PARTICIPATION: James Teele, business owner, discussed accessory building use in the
City C-1 zoning area related to 8150 Astronaut Boulevard and possible re -location and operation
of his vending business.
Patrick Campbell, resident and property owner, discussed desire for a household chemical
amnesty day in the City, and concerns regarding coyotes spotted in the City.
CONSENT AGENDA: Council Member Kellum removed Item 6.
1. Approve Minutes for the July 18, 2023 Budget Workshop and Regular Meetings.
2. Resolution No. 2023-15; reappointing a Member to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Susan Denny)
3. Resolution No. 2023-16; adopting a fee schedule for the Cape Canaveral Community
Center; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
4. Approve proposed task order from Tetra Tech in the amount of $50,635 for structural
analysis, engineering design, bidding and construction administrative services for
investigating and repairing the concrete second floor platform at the Water Reclamation
Facility and authorize City Manager to execute same.
5. Authorize City Manager to execute a Standard Grant Agreement with the State of Florida
Department of Environmental Protection, "City of Cape Canaveral Enhanced Vulnerability
Analysis" Agreement No. 23PLN05, for the total amount of $225,000 over three years.
6. Ratify scoring of Short-term Rental (STR) and Mortgage Foreclosure registration and
compliance service providers; and, authorize the City Attorney to draft -and City Manager
to execute a Services Agreement with Deckard.
7. Approve Interlocal Agreement between Brevard County Board of County Commissioners,
the City of Cape Canaveral and the Canaveral Port Authority regarding automatic aid for
fire protection and rescue services and authorize City Manager to execute same.
A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to
approve the Consent Agenda Items 1 through 5 and 7. The motion carried 5-0.
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#6 Discussion ensued and included Staff's choice for Deckard based on the features of the
platform, performance of the new system remains unknown until implementation, most data
having already been built, implementation timeframe, the 7-day minimum stay requirement, the
Corrective Memo from Staff to Council regarding revenue collection for Short-term Rentals (STR),
possible STR software integration with the City's financial and business tax receipt software, and
concerns if company performance fails. A motion was made by Mayor Pro Tem Raymond,
seconded by Council Member Davis, to ratify scoring of Short-term Rental and Mortgage
Foreclosure registration and compliance service providers, and authorize the City Attorney
to draft and City Manager to execute a Services Agreement with Deckard for the provision
of Short-term Rental and Mortgage Foreclosure registration and compliance services. The
motion carried 5-0.
ADD -ON ITEM:
Approve the use of the American Rescue Plan Act funds in the amount of $425,000 to
complete Veterans Memorial Park: City Manager Morley explained the Item, suggested
appropriate language for the motion, and indicated Value Engineering could reduce costs. A
motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to
approve using American Rescue Plan Act (ARPA) funds to complete Veterans Memorial
Park in the amount of $425,000, and authorize the City Manager to execute the contract
with Jobear Contracting, Inc. The motion carried 5-0.
Mayor Morrison recessed the meeting at 7:04 p.m. The meeting reconvened at 7:14 p.m.
ITEM FOR ACTION:
8. Consideration of a Modified Lot Split Plan Application and three associated variance
requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette
DiChristopher (Applicant): City Attorney Garganese reviewed the Item and the procedure of the
Public Hearing. City Attorney Garganese advised the City Council that ex parte communications
must be disclosed under Florida law and to provide and identify such for the record. Mayor
Morrison stated he did have ex parte communication with Mr. Patrick Campbell and Mr. Mike
DiChristopher in regards to the Lot Split Application. Council Member Willis and Mayor Pro Tem
Raymond both indicated they were in communication with the City Attorney prior to the Meeting,
however City Attorney Garganese stated this does not constitute ex parte communications and is
not required to be disclosed in a quasi-judicial hearing such as this. Council Members Kellum and
Davis both stated they have had no communications with anyone outside of the agency in regard
to the Item. Attorney Kim Rezanka, representing Mr. and Mrs. DiChristopher, distributed handouts
to the Council, City Attorney and Staff, and presented her case. Public Comment was opened.
Patrick Campbell, 305 Surf Drive, discussed opposition to the Lot Split and distributed a handout.
William Hodge, 369 Coral Drive, discussed opposition to the Lot Split. Kay Jackson, 8600
Ridgewood Avenue, discussed opposition to the Lot Split and concerns regarding those properties
in the same area that are land locked. Discussion ensued regarding upzoning and downzoning.
Attorney Rezanka made rebuttals to the public comments. Public Comments were closed. Council
deliberation ensued and included the other properties and houses marked "X" within Attorney
Rezanka's Attachment 9, concern this could set precedence for more variances and special
exceptions, a grandfathering provision would have to be drafted and legislatively approved by the
City Council if it chose to do so, and the official City Zoning Map recorded by Brevard County
shows the two lots that were not approved by the City. City Attorney Garganese discussed the
chain of title contained in Resolution No. 2022-32 and Council adoption of which recognized the
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property as one developable lot. Discussion continued regarding City Code of Ordinances Chapter
98 Subdivisions, Chapter 110 Zoning, variances, lot -splits, lot widths, subdivision of land and
design of developable lots, and action taken by the Planning and Zoning Board in 2014.
Mayor Morrison recessed the meeting at 8:57 p.m. The meeting reconvened at 9:06 p.m.
Discussion continued regarding the Planning and Zoning Board Meeting of September 11, 2013,
variances, how and why Chapter 98 makes references to Chapter 110, Mayor Morrison's
disagreement with the City Attorney's explanation of the Code, how the two Code Chapters may
not be compared apples -to -apples, and the need to focus on Chapter 98 with regard to the
Agenda Item. Lamar Russell, Planning and Zoning Board Chair, discussed how lots must be platted
before a variance can be applied, and the need to start over. Michael DiChristopher, Applicant,
discussed the property is not required to be platted, all requirements for Chapter 110 have been
met, the Planning and Zoning Board's original recommendation for approval of the Lot Split, and
now he must ask Council for three variances. Patrick Campbell, 305 Surf Drive, discussed
opposition to the Applicant's statement, read a portion of his handout to Council, and urged
Council to deny and start over. Discussion continued regarding the Planning and Zoning Board
recommendation to Council, and whether Mr. Russell's and Mr. DiChristopher's comments were
pertinent to the Item, the importance of Council's approval of the Conditional Mediated
Settlement Agreement, how to conduct a vote on the three Variances and the Proposed Modified
Lot Split, the meaning of each variance, whether Chapter 98 allows a variance from Chapter 110
requirements, and extending the meeting past 10:00 p.m. A motion was made by Council
Member Kellum, seconded by Mayor Morrison, to extend the Meeting to 10:30 p.m.
Discussion ensued regarding consensus to extend to 10:30 p.m. and how to proceed with a motion
on the Item. The motion carried 4-1, with Mayor Pro Tem Raymond voting against. Discussion
ensued regarding how to make a motion on the Item, and City Attorney Garganese' uncertainty
over the Planning and Zoning Board's articulation for denial. A motion was made by Council
Member Kellum, seconded by Mayor Morrison, to adopt the Planning and Zoning Board's
recommendation to the City Council in its entirety. Discussion ensued and included the
procedure depending on the outcome of the motion on the floor and under the Conditional
Mediated Settlement Agreement, City Attorney Garganese's advice that Council make its findings
on the public record regarding the application of Chapters 98 and 110 with respect to variances,
the Mayor's findings based on Mr. Campbell's opinion, City Code, and the recommendation of the
Planning and Zoning Board recommendation, the need to hear whether or not Council Members
agree with the Mayor's assessment and logic regarding Chapters 98 and 110, which depending
on the outcome of the motion would determine how the City Attorney would prepare a draft
Development Order for Council consideration, and the deadline of September 15, 2023 to approve
the Order. A motion was made by Council Member Davis, seconded by Mayor Pro Tem
Raymond, to call the question. City Attorney Garganese explained the priority of the motions
on the floor under Robert's Rules of Order. The motion to call the question carried 5-0. City
Attorney Garganese advised Council must now vote on the Main Motion without further debate.
The motion failed 3-2, with Council Members Davis, Willis and Mayor Pro Tem Raymond
voting against. Discussion ensued on how to proceed. A motion was made by Council Member
Willis, seconded by Council Member Davis, to approve variance Item 1. The motion carried
4-1, with Mayor Morrison voting against. Mayor Morrison pointed out the need to extend the
meeting. Discussion ensued regarding comments submitted for the Council to consider. A motion
was made by Council Member Willis, seconded by Council Member Kellum, to extend the
Meeting ten minutes. The motion carried 4-1, with Mayor Pro Tem Raymond voting against.
Discussion ensued on how to proceed. A motion was made by Council Member Davis,
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City Council Regular Meeting • August 15, 2023
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seconded by Council Member Willis, to approve a variance of 25' to the required width of
115' of the proposed corner lot, which will result in an approved width for the corner lot of
90'. Discussion ensued and included Council Member Willis' vote errs on the side of the property
owner, and belief that the City is following Chapter 98 and intent of Chapter 110 properly, City
Attorney Garganese's confirmation the motion does support that the variance meets criteria based
on all of the evidence presented, and the minutes from the Planning and Zoning Board Meeting
of July 26, 2023 were not provided. A motion was made by Council Member Davis, seconded
by Mayor Pro Tem Raymond, to call the question. The motion to call the question carried
5-0. Mayor Morrison stated debate has ended for the motion on the floor. The previous motion
carried 3-2, with Council Member Kellum and Mayor Morrison voting against. A motion was
made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve a
variance of 13' to the required width of 75' for the proposed northern lot, which will result
in an approved width for the northern lot of 62'. Discussion ensued regarding Mayor
Morrison's opposition to the approval of the variances, and City Attorney Garganese's
confirmation to proceed based on the criteria and application of Chapter 98, stated in the Agenda
Item and all of the evidence presented. A motion was made by Council Member Davis,
seconded by Mayor Pro Tem Raymond, to call the question. Discussion continued on the
motion to call the question. The motion to call the question failed 3-2, with Council Member
Kellum and Mayor Morrison voting against. Discussion continued regarding the Mayor's
urging of the Council to watch the Planning and Zoning Board Meeting of July 26, 2023, consider
the evidence, and whether this Meeting is a Public Hearing or not. Community and Economic
Development Director Dickey confirmed the Meeting was properly advertised and posted as a
Public Hearing for both the related Planning and Zoning Board Meeting and this City Council
Meeting, and offered to produce the proof of publication to the Council. Discussion ensued and
continued regarding Mayor Pro Tem Raymond's assertions that the Council is fully prepared for
meetings, should not bully or criticize Staff, the current discussion was more of a monologue, and
the need to make a decision. The remaining motion carried 3-2, with Council Member Kellum
and Mayor Morrison voting against. Discussion ensued on how to proceed after voting on the
three associated variances. City Attorney Garganese confirmed the proposed Modified Lot Split
Plan being next for Council to consider, and read the Notice of Public Hearing advertisement into
the record. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member
Davis, to approve the proposed Modified Lot Split Plan. The motion carried 3-2, with
Council Member Kellum and Mayor Morrison voting against.
ADJOURNMENT: The Meeting was adjourned at 10:48 p.m.
(Signature)
Mia Goforth, City Clerk
(Signature)
Wes Morrison, Mayor
SEAL of Cape Canaveral, Florida