HomeMy WebLinkAboutcocc_council_mtg_minutes_20240124_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Wednesday
January 24, 2024
2:30 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 2:30 p.m.; Council Member Jackson
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor Pro Tem
Mayor
Council Member
Kim Davis
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis
Others Present:
City Manager
City Attorney
Deputy City Clerk
Administrative/Financial Services Director
Building Official
Deputy Building Official
Community + Economic Development (C+ED) Dir.
C+ED Deputy Director/Code Enforcement Manager
C+ED Code Enforcement Officer
C+ED Sustainability Manager
C+ED Senior Planner
C+ED Resiliency Services Engineering Manager
C+ED Executive Assistant/Department Admin.
Human Resources/Risk Management Director
Public Works Services Director
Public Works Services Deputy Director
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Lieutenant
APPROVAL OF AGENDA AS WRITTEN OR WITH
Mayor Pro Tem Kellum, seconded by Council Memb
The motion carried 5-0.
Todd Morley
Anthony Garganese (arrived 2:33 p.m.)
Daniel LeFever
John DeLeo
Michael German
Shaun Milligan
Dave Dickey
Brian Palmer
Chris Robinson
Zachary Eichholz
Kyle Harris
Alexis Miller
Renee Yother
Melinda Huser
June Clark
Jessica Erdman
Lisa Day
Scott Molyneaux
AMENDMENTS: A motion was made by
er Willis, to approve the Agenda as written.
PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of
the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged
inaction from the City regarding her Code Enforcement complaints, and accused City Code
Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the
three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven
minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a
personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing
that has resulted in her being sued.
ITEM FOR CONSIDERATION:
Review of Community Development Department roles, responsibilities and discuss actions
proposed to resolve current issues for properties located on Fillmore Avenue and Jackson
Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council
and Staff discussion ensued and included better communication and friendliness with business
City of Cape Canaveral, Florida
January 24, 2024 City Council Special Meeting
Minutes
Page 2 of 3
owners, resolving long-standing property owner issues, prioritization of Code Enforcement cases,
investigative and enforcement steps regarding complaints, Staff preference for achieving
voluntary compliance from and working with identified violators, use of formal notices of
violations, magistrate hearings, liens, and potential foreclosures for violators that do not come
into compliance, City options for further enforcement are limited once a lien is in place, State
property rights restrictions on Code Enforcement officers' ability to physically/visibly investigate
some complaints, training a new City Code Enforcement officer, there being no known private
contracting service for Code Enforcement officers, further utilization of existing software to track
existing Code Enforcement cases, and potential revisions to older/archaic parts of the City Code.
Discussion shifted to stormwater and utility issues at Fillmore Avenue that resulted from revisions
to the site plan, prior verbal communications between the former City Engineer and former Public
Works Services Director, who has the authority to request such revisions on the part of the
contractor, whether the individual that requested the revision was authorized to do so, recent
internal administrative policy revisions to eliminate verbal approvals and authorizations, providing
better documentation, and attempts to coordinate with Florida Power and Light (FPL) regarding
building development/construction site utilities. City Manager Morley read a letter into the record
from Gary Wittekind of Cape III, LLC regarding the status of working with FPL on the project.
Mayor Morrison read a text message into the record from Jim Hurst, property owner at 306
Fillmore Avenue, regarding the most recent FPL actions at the site. Discussion continued regarding
the City's utility franchise agreement with FPL, how much leverage, if any, the City has in regards
to FPL's actions, next steps on the Fillmore Avenue project, reversion of stormwater inlet and swale
revisions, Allen Engineering to perform a recertification review of the property's stormwater
system at the conclusion of the project, an upcoming Staff meeting with representatives from the
Fillmore Avenue project, preference to have a member of City Council present at said meeting,
costs of contracting an independent engineering firm to review the project, past Council Meeting
debates on costs and necessity of engineering reviews and analyses, and preferences to move
forward expeditiously. Council reached Consensus to request the following, regarding the
Fillmore Avenue project, as amended from Mayor Morrison's submitted item summary:
1. Obtain and distribute to City Council a building permit inspections report showing date,
type of inspection and disposition, and in the case of failed inspections, cited codes and
any inspector notes. This report applies to all codes applicable to all permitted construction
performed at 304, 306, 314 and 316 Fillmore Avenue. Include Building Official's statement
that all necessary inspections were ultimately approved.
2. Obtain an Engineering Report of:
a. Existing site conditions, and
b. a review of all site -related permit documents submitted by Allen Engineering and
former City Engineer John Pekar for all site -related permitted construction performed
at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations).
The purpose and scope of the report is intended to ensure that the original design, as
revised, meets or exceeds all applicable City Codes related to site development, including
but not limited to the onsite stormwater drainage system and its connection to the
municipal stormwater drainage system. The report shall note any improvements which
deviate from original plans and indicate whether such deviation complies with City Code
or, if not, recommendations for modifications necessary to comply with City Code. Note:
particular attention shall be given to a revision related to the municipal stormwater inlet in
the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is
connected. In the original plan, a new storm inlet was to be located to the east of the old
(original) inlet, but the revision called for the old inlet to remain in its original location. A
connecting pipe size was changed to accommodate.
3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all
lines underground, consistent with City Code.
City of Cape Canaveral, Florida
January 24, 2024 City Council Special Meeting
Minutes
Page 3 of 3
4. Utilizing the Engineering Report (above), exercise available remedies to gain compliance
on identified City Code -related deficiencies; and report status updates to the City Council.
5. City Manager and City Attorney present any findings and or opportunities in a report to be
distributed to the City Council on ways the City can improve our Community Development
Department.
Mayor Morrison recessed the Meeting at 4:55 p.m.; the Meeting reconvened at 5:07 p.m.
Discussion ensued regarding the properties at 116, 118 and 120 Jackson Avenue and included
Code Enforcement Staff efforts to populate the BS&A database with complete documentation,
focusing on the most recent year and working backwards, upcoming finalization of a Code
Enforcement Officer Handbook that will include a flowchart and standardized procedures, public
access to BS&A and related training videos, training and certification requirements for Code
Enforcement officers, building reports with BS&A and what may or may not be able to be included
in such reports. Council reached Consensus to request the following, regarding the properties at
116,118 and 120 Jackson Avenue, as amended from Mayor Morrison's submitted item summary:
1. Provide a Report showing all actions and correspondence related to Code Enforcement at
114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January
24, 2024. The Report shall include all records available, whether generated by the City's
BS&A software system or any other record storage method employed by the City's Code
Enforcement Department.
2. Create and distribute Administrative Procedures reviewed and approved by our City
Attorney complying with FL State Law and City Code to be followed by our City Code
Enforcement Officers.
3. For our City Code Enforcement employees, provide a listing of:
a. Required certifications, training and ongoing continuing education, and
b. Achieved certifications, training and ongoing continuing education.
4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report
of closed Code Enforcement Cases. Include other important data provided by BS&A such
as date created, status, and or any other information necessary to monitor.
5. Present any findings and or opportunities to be distributed to the City Council on ways the
City can improve our Community Development Department as it relates to Code
Enforcement.
Mayor Morrison permitted Peg Schaller additional time to speak. Ms. Schaller asked Council to
expand its scope of its request for Code Enforcement records back to 2016, detailed an open
violation for sewage, alleged months and years of inaction on Code Enforcement complaints,
claimed increases in insurance premiums and difficulties with acquiring and maintaining insurance
policies for her business as a result of the City's actions and inactions, and questioned whether
the City's Code Enforcement officers engaged in practices of retaliation and sexism.
ADJOURNMENT: The Special Meeting was adjourned at 5:32 p.m.
Wes Morrison, Mayor
Daniel LeFever, Deputy Clerk