HomeMy WebLinkAboutcocc_council_mtg_minutes_20240220_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
February 20, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis 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
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community + Economic Development (C+ED) Dir.
C+ED Chief Resilience Manager
C+ED Senior Planner
C+ED Resilience Engineering Services (RES) Mgr.
Public Works Services Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese (arrived 6:04 p.m.)
Mia Goforth
John DeLeo
Tim Carlisle
Dave Dickey
Zachary Eichholz
Kyle Harris
Lexi Miller
June Clark
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Council Member Willis, seconded by Council Member Davis, to approve the Agenda as
written. Motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring March 2024 as "Irish -American Heritage Month" in the
City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians:
Mayor Morrison read and presented the Proclamation to Brevard County Division 2 Treasurer
Scott Jurgensen, who thanked and invited Council to attend the St. Patrick's Day Parade in
Melbourne on Saturday, March 16, 2024.
Presentation by Zachary Marchetti, Community Engagement and Outreach Officer for the
Brevard Zoo, to provide an update on the progress of the proposed 14-acre aquarium and
conservation center at Port Canaveral: Mr. Marchetti made a presentation to Council, noting the
plan to break ground in the Fall with a projected opening of the aquarium and conservation center
at Port Canaveral in 2027, and confirmed the slide presentation can be made available to the
City of Cape Canaveral, Florida
City Council Regular Meeting • February 20, 2024
Minutes • Page 2 of 5
public. Mayor Morrison noted Business and Economic Development Board Chairperson Dawn
Mays suggested the presentation, and thanked Mr. Marchetti.
Presentation of Sierra Club Florida's distinguished Osprey Award to Zachary Eichholz, the City
of Cape Canaveral's Chief Resilience Manager, by Turtle Coast Sierra Club Group member Bill
DeBusk: Turtle Coast Sierra Club Chairperson DeBusk addressed the Council, explaining the Club
represents Brevard and Indian River County, purpose and activities involving environmental
projects and protection, reviewed Chief Resilience Manager Eichholz' background and
accomplishments, and presented the Award to Mr. Eichholz. Mr. Eichholz expressed thanks for
being nominated, and gratitude to the City with which the Award should be shared.
Presentation by Zachary Eichholz, City of Cape Canaveral Chief Resilience Manager, reviewing
the City's new 2024 Flood Mitigation and Adaptation Strategy Overview document: Chief
Resilience Manager Eichholz made a presentation to Council, noting the document is an
outgrowth of the City's 2021 Resiliency Action Plan, is available online and will be updated on an
annual basis. Mr. Eichholz confirmed the City's rain data can be provided upon request, and
additional data is available on Florida Atlantic University's website.
Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended
September 30, 2023 — Presentation by Michael Messano, James Moore & Co: Mr. Messano
presented the Report to Council, thanked Financial Services, and the City. Administrative/Financial
Services Director DeLeo thanked Staff, announced Deputy Finance Director Jenny Coldiron is taking
a Finance Director position out of State, and commended Ms. Coldiron for her work and dedication
to the City. Mayor Morrison thanked Mr. Messano and James Moore & Co.
PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing.
Michele Hight, resident and Portside Villas Condominium Association representative, discussed
meeting with the City and Ambassador Services, Inc., and the significant improvements made by
the company since. Ms. Hight thanked the City and indicated she will work with C+ED Director
Dickey for updates going forward. Ray Zawacki, Portside Villas resident, expressed thanks to
Council and urged for continued improvement efforts.
Bonnie Cawker, resident and Sand Pebbles Condominium Association representative, discussed
seeking compliance and approval to trim sea grape trees on the beachside and the southside of
the boardwalk on Fillmore Avenue, to the 3 1/2 foot level for aesthetic improvements, and
communication with the Florida Department of Environmental Protection and City Staff. Mayor
Morrison stated he met with Ms. Cawker a year ago about the issue, and discussed his intention
to consider the concern during the Reports section of the Agenda.
Tina Freeman, resident and Sand Pebbles Condominium Association representative, discussed the
pedway stenciling by expressing thanks to Council, ways to further mitigate conflicts with cyclists
riding on sidewalks, desire to work with Chief Resilience Manager Eichholz for a North Atlantic
right whale education workshop, and desire to get everyone on the same page regarding sea
grape trimming and compliance. Arlyn DeBlauw, resident, noted his watching right whales since
2007. Council Member Willis recognized Mr. DeBlauw's perfect attendance at meetings as the
City's representative on the Space Coast Transportation Organization Citizen Advisory Board.
CONSENT AGENDA:
1. Approve Minutes for the January 16, 2024 Regular and January 24, 2024 Special Meetings.
City of Cape Canaveral, Florida
City Council Regular Meeting • February 20, 2024
Minutes • Page 3 of 5
2. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2023.
3. Approve proposal from Mead & Hunt, Inc. in the amount of $58,459 for Construction
Phase Engineering Services as part of the Center Street Pump Station and authorize City
Manager to execute same.
4. Approve the purchase of a new backhoe in the amount of $85,699.51 and authorize the
City Manager to execute the same.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve the Consent Agenda. The motion carried 5-0.
ITEM FOR ACTION:
5. Approve and provide possible dates for a City Council Joint Educational Workshop
Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and
Low Impact Development Codes and Program Incentives: City Manager Morley explained the
Item. RES Manager Miller discussed schedule conflicts since the printing of the Agenda, and
alternative days for Council to consider for the Workshop. Discussion ensued and included the
purpose of the meeting, the time commitment of 1-2 hours which would replace the regular
Planning and Zoning Board Meeting, and coordinating Council and Board Member availability.
Council reached consensus for a possible Workshop on the Wednesdays of March 27, April 3,
or April 17.
Mayor Morrison recessed the meeting at 7:25 p.m. The meeting reconvened at 7:40 p.m.
ITEMS FOR DISCUSSION:
6. Discuss the criteria for Special Meetings/Workshops (Submitted by Council Member
Davis): Council Member Davis explained the Item. Discussion ensued and included adequate time
to prepare for meetings, request for special and workshop meetings to start at 4:00 p.m., previous
requests Council Member Davis made for 4:00 p.m. start times, City Code meeting guidelines,
explanations for calling recent special and workshop meetings to start earlier than 4:00 p.m.,
determining what the urgency for a meeting is, conflicts with work schedules, virtual remote
option to attend meetings, the State requirement allowing up to two Council Members to attend
meetings electronically, communication with the City Clerk regarding availability to attend
meetings per City Code Sec. 2-57(a)(2), desire to know which Council Member is calling the
meeting, meeting times, providing a block of time for the length of the meeting, range of dates,
subject matter, and whether it is appropriate for Council Members to call or email each other to
schedule meetings. City Attorney Garganese discussed a provision in the City Charter allowing
Council to adopt resolutions for excused absences which would not count as a mark against the
person for attendance purposes, encouraged Council use its approved Meeting Schedule to call
meetings while during their public meetings, and recommended Council follow the City Code in
order to void Sunshine Law issues. Discussion continued regarding using the Council -approved
Reserved Dates first for scheduling meetings, using Code Sec. 2.57(a)(1) if there is not an urgency
to call a Special or Workshop meeting otherwise, and providing reasons for declining availability.
Council reached consensus to call Special and Workshop Meetings by first checking the official
City Council Meeting Schedule Reserved Dates, contact the City Clerk to specify the length of
time needed for a meeting and blocks of time for availability, schedule or call for meetings
during a City Council Regular Meeting if possible, and start meetings no earlier than 4:00 p.m.
City of Cape Canaveral, Florida
City Council Regular Meeting • February 20, 2024
Minutes • Page 4 of 5
7. A discussion on local Issues we face In Cape Canaveral followed by the opportunity to
create a Task Force, Committee or Board of residents and businesses to advocate and make
recommendations to the City Council for a pedestrian friendly city. This group would potentially
explore community support, resources, grants and other opportunities to fund
Initiatives/projects that Is not dependent on taxes. (Submitted by Mayor Morrison): Mayor
Morrison introduced Dr. Lana Saal, and distributed handouts to Council. Dr. Saal introduced herself
as a resident of the City, discussed her work in health, wellness and fitness promotion, and explained
her proposal and vision for a pedestrian -friendly City -initiative to include a task force, committee or
a board, with a revenue stream, which would make recommendations to the Council. Discussion
ensued and included inquiry regarding Dr. Saal's experience and background, how the City's
Business and Economic Development Board and Local Roads Committee is charged with working
on the issues discussed, implementing the proposed concepts into the current City Board duties,
following City procedures for recruitment and creation of a new board, and whether Council would
like to bring the item back to the March City Council Meeting. Dr. Saal thanked the Council. Council
did not reach any consensus.
REPORTS:
City Manager Morley discussed an informational status report of activities regarding properties
located on Fillmore and Jackson Avenues will be provided for the March City Council Regular
Meeting, and thanked Mayor Morrison for calling the Special Meeting of January 24, 2024.
Discussion ensued regarding Kimley Horn's Task Order which was reviewed with each Council
Member. Mayor Morrison requested a copy of the of the Task Order for each Council Member,
and an update at each City Council Meeting until the issues are resolved.
Council Member Willis discussed the Local Roads Committee Meeting on January 23, 2024, the
plan for a traffic study with Port Canaveral through the Space Coast Transportation Planning
Organization, and attendance at the February 5, 2024 Coffee with a Cop at Cherie Down Park.
Council Member Davis discussed the Space Coast League of Cities Scholarship Application is
available online with a deadline of March 1, 2024, the League's scheduled Form 6 Electronic
Financial Disclosure training session at the Cocoa Civic Center on March 18, 2024, and how
Attorney Paul Gougelman is planning to file an injunction related to a class action suit against the
new requirement for municipal elected officials to file Form 6.
Council Member Jackson discussed the City Council Workshop Meeting held on February 15, 2024
regarding electric vehicles and chargers.
Mayor Pro Tem Kellum discussed the Veterans of Foreign Wars Post 10131 participation in the
City Community Redevelopment Agency (CRA) Financial Incentives Grants Program to redevelop
their Memorial Wall, and thanked Staff and City Attorney Garganese for assisting the Portside
Villas community.
Mayor Morrison turned the discussion to sea grape tree trimming issues, including the City's
Frequently Asked Questions section of the City website regarding Beach Management guidelines,
impacts to sea turtle and other animal populations, no requirements in the City Code regarding
sea grapes trimming, City involvement would only be necessary if maintenance is requested on
City property, trimming should be consistent with Florida Department of Environmental Protection
(FDEP) guidelines, views to and from the beach related to sea turtle hatchlings are critical, property
values and views, and whether there is a standard to maintain sea dune heights for sea turtles.
City of Cape Canaveral, Florida
City Council Regular Meeting • February 20, 2024
Minutes • Page 5 of 5
Tina Freeman, Sand Pebbles Condominium Association representative, discussed compliance
overseen by various State agencies including FDEP. City Manager Morley discussed a need for the
City to create a procedure, including the requirement for contractors to provide liability insurance
to the City and FDEP, and Council may approve the procedure. Discussion ensued regarding how
to manage landscaping maintenance in the City Right of Ways (ROW). City Attorney Garganese
discussed the City controls the ROW, and would have to authorize any cutting of sea grape trees
in the ROW. Capital Projects Director Carlisle explained the process of sea grape tree maintenance
for condos, and that the City lets the sea grapes grow on its property for sea turtle habitat and
other wildlife. Discussion continued how to move forward, difficulty of relocating the palm trees
in the ROW, a collection of photos shared by Bonnie Cawker, Sand Pebbles Condominium
Association representative, the City Code process for private property tree removal, City Manager
Morley's suggested options including to only address the trimming of the sea grapes now, address
palm trees after sea turtle season, authorize a contractor to provide insurance, and have the City
Arborist determine the health of the trees between now and the next meeting. Council reached
consensus to allow Sand Pebbles Condominium to proceed with trimming of sea grape trees
in the City ROW, with the contractor's proof of insurance certificate including the City as
insured, and for a report from the City Arborist on all the palm trees within the City ROW
Fillmore Avenue beach end. C+ED Director Dickey proposed a simple application for coordination
with all parties first, and without having to come back to the City Council in the future. Council
reached consensus for a City Manager level recommendation application to authorize sea
grape tree trimming, which creates a City Council approved policy to address the action on a
case -by -case basis in the future. Discussion ensued regarding individuals walking across the sea
dunes instead of using boardwalks to access the beach during the Sea Oat Planting event this
year and at other times, and whether signs need to be placed facing away from the beach would
help mitigate the issue. City Manager Morley and Council Member Willis agreed to investigate
the issue together.
ADJOURNMENT: The Meeting was adjourned at 9:51 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL OF CAPE CANAVERAL, FLORIDA