HomeMy WebLinkAboutcocc_council_mtg_minutes_20230920_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Wednesday
September 20, 2023
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:59 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 Deputy Director
Community + Economic Development (C+ED) Dir.
C+ED Deputy Director
C+ED Senior Planner
C+ED Chief Resilience Manager
Parks, Recreation + Community Affairs (PRCA) Dir.
Public Works Services (PWS) Director
PWS Infrastructure Maintenance Manager
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Tim Carlisle
Dave Dickey
Brian Palmer
Kyle Harris
Zachary Eichholz
Molly Thomas
June Clark
David Coulter
Lisa Day
Byron Keck
Scott Molyneaux
Dave Sargeant
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS. A motion was made by
Council Member Kellum, seconded by Council Member Willis, to move Items for Discussion
14, 15 and 16 above the Consent Agenda. Discussion ensued and included opposition to
moving lower priority items before the Consent Agenda, and rebuttal that those Discussion Items
are old business that had not been addressed at the prior meeting. The motion carried 3-2, with
Council Member Davis and Mayor Pro Tem Raymond voting against.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring the week of September 25 — 29, 2023 as "National Clean
Energy Week" in the City of Cape Canaveral to Florida Solar Energy Center representatives Dr.
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Minutes • Page 2 of 6
James Fenton and Elizabeth Myron: Mayor Morrison read and presented the Proclamation to Dr.
Fenton. Dr. Fenton discussed the history and future plans of the Florida Solar Energy Center, and
expressed appreciation for City investments in Solar Energy.
Presentation by Jayne Johnston with the Florida Fish and Wildlife Conservation Commission
promoting coyote awareness and education: Ms. Johnston made the presentation, urged the
community to attend the Florida Fish and Wildlife Coyote Public Outreach Session Thursday,
September 21, 2023 at 6:00 p.m., and thanked Council.
Presentation of Florida League of Cities University Gold Certificates of Excellence to Mayor Pro
Tem Angela Raymond and Council Member Don Willis: Mayor Morrison read the letter from the
Florida League of Cities and presented certificates to Mayor Pro Tem Raymond and Council
Member Willis. Discussion ensued regarding the time and effort that goes into public service, and
that Council Members never stop learning.
PUBLIC PARTICIPATION: James Teele, business owner, discussed concerns regarding City Code,
accessory structures, and Cl zoning related to the property at 8150 Astronaut Boulevard. Mayor
Morrison directed Mr. Teele to reach out to the City Manager and Staff.
John Benton, visitor, discussed a code reduction hearing.
Shannon Roberts, resident and property owner, encouraged Council consideration of additional
parking for the Civic Hub Project, complimented Staff for seeking out grants, discussed concern
over the traffic light at State Road Al A and North Atlantic Avenue which flashes red on Saturdays
and is a safety issue, expressed appreciation for improved meeting production technology,
reported concerns regarding the split screen visual when watching the webinar at home, and
encouraged citizens to run for Council.
BUDGETARY ITEMS: (Public Hearing)
1. a. Resolution No. 2023-22; adopting a Final 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. City Manager Morley explained the Item. A motion was made by Mayor
Pro Tem Raymond, seconded by Council Member Davis, to adopt the Final Millage Rate of
3.5064 mills for Fiscal Year 2023/2024, which represents a rate above the rolled -back rate,
and includes the General Government Millage and the Library Dependent Special District.
Discussion ensued and included reasons for opposition and support of the Final Millage. The
motion carried 4-1, with Mayor Morrison voting against.
b. Ordinance No. 09-2023; adopting the Annual General Fund, Wastewater
Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds,
Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2023,
and ending September 30, 2024; providing for an effective date, second reading: City Attorney
Garganese read the title into the record. City Manager explained the Item. Discussion ensued
and included reasons for opposition and support of the proposed Budget, and thanks to Council
and Staff. A motion was made by Council Member Davis, seconded by Mayor Pro Tem
Raymond, to adopt Ordinance No. 09-2023, at second reading. The Public Hearing was
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Minutes • Page 3 of 6
opened. There being no comment, the Public Hearing was closed. The motion carried 4-1, with
Mayor Morrison voting against.
ITEMS FOR DISCUSSION: Old Business of City Council Regular Meeting of August 15, 2023.
14. Request that City Council direct Staff to research and pursue an agreement with Brevard
County to allocate some or all existing Transportation Impact fees toward furthering the City's
transportation safety improvement goals. (Submitted by Council Member Willis): Council
Member Willis explained the Item including a sum of $131,654.90 which Brevard County holds in
unobligated Transportation Impact Fee funds collected from development projects in the City,
how the money is eligible to be spent anywhere in Brevard County District 2, and desire to obtain
an obligation of the funds from Brevard County for the City's Prioritized State Road A1A
Improvement Project. City Manager Morley explained the City may have a better chance to receive
funds from Brevard County if it too is willing to help pay for projects, Staff could approach the
County which could then pledge support for shovel -ready projects approved by the Florida
Department of Transportation, and reminded Council about those funds already allocated over
the last two years for State Road A1A initiatives. Discussion ensued and included support for the
request. Council reached consensus to move forward. A motion was made by Council Member
Willis, seconded by Mayor Pro Tem Raymond, to direct Staff to pursue a commitment from
Brevard County for any funding, specifically toward State Road A1A Safety Improvement
projects, in the City of Cape Canaveral. The motion carried 5-0.
15. Request that City Council reaffirm Resolution No. 2023-02 (modifying and updating the
City's list of State Road A1A priorities), and provide direction to Staff to advocate for the
advancement of the two new signalized pedestrian crosswalks at State Road (SR) A1A & Taylor
Ave and SR A1A & Hayes Ave., to include the pursuit of any and all available funding options
to accomplish their completion in the shortest term possible. (Submitted by Council Member
Willis): Council Member Willis explained the Item including the Florida Department of
Transportation's (FDOT) Draft Pedestrian Study of SR A1A which addresses both crosswalks, desire
for signalized crosswalks versus concrete islands, and possible changes in the Resolution to specify
signalized crosswalks where needed. City Manager Morley confirmed the possible motion to be a
reaffirmation of Resolution No. 2023-02, including Staff to pursue those two pedestrian
crosswalks. Discussion ensued and included support for the request, appreciation to the Council
and Staff from the family members of the resident killed on SR A1A in front of City Hall, other
fatalities in front of Cape Shores on SR A1A, and the need to emphasize the impact of potential
development on the East side of SR A1A which FDOT is not accounting for. A motion was made
by Council Member Willis, seconded by Council Member Davis, that City Council reaffirm
Resolution No. 2023-02, and direct Staff to advocate for the advancement of the requests
for two new signalized pedestrian crosswalks on State Road A1A. The motion carried 5-0.
16. Opening the Community center on Sundays (Submitted by Council Member Kellum):
Council Member Kellum discussed the Item including the Toss of revenue on the weekends at the
Nancy Hansen Recreation Complex (NHRC), and desire for Council consensus to move one part-
time person to full-time in order to open NHRC on weekends until the City starts development of
the Civic Hub Project. Discussion ensued and included budgetary concerns, potential impacts on
Staff, and possible projected revenue. PRCA Director Thomas discussed the need to adjust hours
of Staff to accommodate additional hours and days at the facility, and clarified additional days will
capture some revenue. City Manager Morley reviewed the Agenda Summary, and confirmed the
Item is not budgeted. Discussion continued regarding pros and cons of taking away free options
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City Council Regular Meeting • September 20, 2023
Minutes • Page 4 of 6
as a result of opening the NHRC on weekends. Bob Hathaway, resident and property owner,
discussed support for opening the Community Center versus the NHRC. A motion was made by
Council Member Kellum, seconded by Mayor Morrison, directing the City Manager to Staff
the NHRC with a part-time person on Saturdays for half a day, with the understanding that
cost is approximately $25,000, unbudgeted. City Manager Morley discussed clarification of the
action directed and the motion on the table. PRCA Director Thomas discussed one part-time
employee is budgeted for the upcoming year to help with the CAPE Center which will provide
some flexibility but there will still be a need to increase Staff hours. City Manager Morley discussed
the recent approval of the request from the City to the Florida Department of Health for the Public
Swimming Pool Advisory Variance for use of the exterior restroom facilities at Canaveral City Park,
and congratulated Staff. The motion carried 5-0.
CONSENT AGENDA: Council Member Kellum removed Item 7.
2. Approve Minutes for the August 8, 2023 Budget Workshop, August 15, 2023 Regular,
August 23, 2023 Budget Workshop and September 6, 2023 Special Meetings.
3. Resolution No. 2023-18; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as
Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions,
severability and an effective date.
4. Resolution No. 2023-19; authorizing an addendum to the Contract for Fire Protection and
Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape
Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
5. Resolution No. 2023-20; reappointing members to the Culture and Leisure Services Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Mary Mosquera and Betsy Ronk)
6. Resolution No. 2023-23; adopting a Development Order approving an Application filed by
Michael and Collette DiChristopher, Husband and Wife, for a proposed Modified Lot Split
Plan and three associated variances under Chapter 98 of the City Code related to a portion
of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the Map or Plat
thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard
County, Florida; providing for an effective date.
7. Approve proposed task order from Kimley-Horn and Associates, Inc. in the amount of
$58,450 for providing transportation engineering services for Oak Lane Road
Improvements including additional engineering design, bidding services and construction
management.
8. Approve the Sixteenth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $64,448.47 with
Black's Spray Service, Inc. and authorize the City Manager to execute same.
9. Approve the Fourth Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $289,125.32 with U.S. Lawns of Brevard (dba Micnor
Corporation) and authorize City Manager to execute same.
10. Approve proposal from Playmore West, Inc. in the amount of $82,622.01 for the purchase.
and installation of new playground equipment/surfacing at Patriots Park, as funded by
Florida Recreation Development Assistance Program (FRDAP) Grant #A3045, contingent
on State approval and authorize the City Manager to execute same.
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City Council Regular Meeting • September 20, 2023
Minutes • Page 5 of 6
A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to
approve the Consent Agenda, except for Item 7. The motion carried 5-0.
#7 Capital Projects Director Ratliff confirmed Florida Power and Light responded to Staff that
the power poles on Oak Lane will be removed by the end of the year, the engineering will be
completed, and Public Works Services will provide maintenance of the road's potholes. A motion
was made by Council Member Kellum, seconded by Council Member Willis, to adopt
Consent Agenda Item 7. The motion carried 5-0.
ITEMS FOR ACTION:
11. Resolution No. 2023-21; establishing rates and charges and other terms and conditions
for public EV charging stations operated by the City on City owned or controlled property;
providing for the repeal of prior inconsistent resolutions, severability and an effective date:
Mayor Morrison read the title into the record. City Manager Morley and Chief Resilience Manager
explained the Item. Discussion ensued and included recent news stories of electric vehicle (EV)
fires, Canaveral Fire Rescue's training preparedness with the National Fire Council which Council
Member Willis attended, and continuing improvement in technology. City Attorney Garganese
discussed the City's liability for maintenance of the EV chargers on City property. Discussion
continued regarding analysis of EV versus gasoline fueled car fires. William Rigsby, NovaCHARGE
Vice President Sales Operations & Inside Sales, discussed how EV chargers operate. Bob
Hathaway, resident and property owner, discussed support for the Item. Joyce Ward, resident and
property owner, discussed support for the Item. Shannon Roberts, resident, discussed concerns
related to the location of the Banana River Park and other EV charging stations, and inquired
about rights to park in City EV charging spaces. Discussion ensued regarding authorized and
judicious enforcement of State law to ticket internal combustion vehicles parked in EV charging
spaces. City Manager Morley discussed sections of the Resolution related to fees, terms and
conditions, how the State now considers EV chargers critical during emergencies, and proposed
amending language for Section E to reflect that. Discussion ensued regarding the meaning of the
proposed amendment to the Resolution. A motion was made by Council Member Willis,
seconded by Council Member Davis, to approve Resolution No. 2023-21, as amended. The
motion carried 4-1, with Council Member Kellum voting against.
Mayor Morrison recessed the meeting at 8:12 p.m. The meeting reconvened at 8:24 p.m.
12. Authorize removal of three (3) Specimen Live Oak trees (Trees 1-3) at 115 Jefferson
Avenue, with the required mitigation completed prior to the issuance of a Certificate of
Occupancy for the proposed duplex, and that mitigation is calculated at a ratio of one-to-one
which can be in the form of a contribution to the City's. Tree Bank and/or planting of
replacement trees: City Manager Morley explained the Item. Shannon Roberts, resident, discussed
concern and preference to relocate the trees instead, and desire for a master plan of trees. City
Manager Morley explained why moving Live Oaks are cost prohibitive, the mitigation program
that includes replacement with Live Oak or similar canopy trees, the approved list of the
replacement trees, and tree bank option. Jessica Mayor, Attorney representing the Owner,
suggested placing trees on the Owner's adjacent lot next door. Discussion ensued and included
the required mitigation options to the Owner, a Development Permit Approval condition between
the Owner and the City if mitigation involved the adjacent lot, the Resiliency Action Plan section
which identifies trees in the City, Council's ability to go beyond the one-to-one ratio, and property
rights. Attorney Mayer discussed the Owner's plan to improve the property. A motion was made
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by Council Member Willis, seconded by Council Member Davis, to approve the removal of
three (3) Specimen Oak Trees and the one-to-one mitigation. The motion carried 4-1, with
Council Member Kellum voting against.
13. Review submittals provided by potential Legislative Representative candidates and
provide further direction to the City Manager: Discussion ensued and included preferences to
defer the Item until more research is done, have Council work through the Florida League of Cities
and other organizations to serve the same purpose, place funds saved from hiring a lobbyist into
contingency to offset costs for managing PRCA at the Nancy Hansen Recreation Complex, and to
reconsider the Item next year. City Manager Morley explained there is no Code requirement for a
City Legislative Representative. Council reached consensus to take no action on the Item at this
time.
ITEM FOR DISCUSSION:
17. Resolution No. 2022-28, Rules of Procedure and Code of Conduct regarding City
Council meetings. (Submitted by Council Member Davis): Council Member Davis explained the
Item including Council's need to identify violations of the Code of Conduct, and desire for
consensus to discuss how to handle violations. Discussion ensued regarding desire for civil
conduct at the dais, the need to specify what to do when the Code of Conduct is violated, and
the varying degrees of aggressive behavior on the dais which should be addressed.
REPORTS: City Manager Morley discussed the upcoming Coffee with City Manager on Friday,
September 22, 2023.
Mayor Pro Tem Raymond discussed attendance at the Florida League of Cities Legislative
Policy/Land Use and Economic Development Committee Meeting September 8, 2023, the Space
Coast League of Cities Meeting on September 11, 2023, and Matthew's Hope Luncheon on
September 13, 2023.
Council Member Willis discussed attendance at the Local Roads Committee Kick-off Meeting on
August 29, 2023, Florida League of Cities Legislative Policy/Transportation and Intergovernmental
Relations Committee Meeting September 8, 2023, and Coffee with a Cop will be at the Cape
Canaveral Community Center on Monday, October 2, 2023.
Mayor Morrison recognized Patrick Campbell, resident and online speaker, who discussed the
Code of Conduct discussion Item, provided opinions and examples regarding such.
ADJOURNMENT: The Meeting was adjourned at 9:15 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL
of Cape Canaveral, Florida