HomeMy WebLinkAboutcocc_council_mtg_minutes_20240319_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
March 19, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:11 p.m. due to technical issues
regarding the webinar. Council Member Davis 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
Community + Economic Development (C+ED) Dir.
C+ED Chief Resilience Manager
C+ED Senior Planner
C+ED Resilience Engineering Services (RES) Mgr.
HR/Risk Management Director
HR/Risk Management Director (In Training)
Parks, Recreation + Community Affairs (PRCA) Dir.
Public Works Services Director
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
Dave Dickey
Zachary Eichholz
Kyle Harris
Lexi Miller
Melinda Huser
Natalie Harmon
Molly Thomas
June Clark
Lisa Day
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by,
Mayor Morrison, seconded by Council Member Willis to move Item 9 after the Consent
Agenda as a Discussion Item. Motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring April as "Water Conservation Month" to James Cannon,
Intergovernmental Coordinator from the St. Johns River Water Management District: Mayor
Morrison read and presented the Proclamation to Mr. Cannon who thanked Council, and
discussed the importance of leak detection to preserve fresh water.
Interview Applicant for appointment to the Culture and Leisure Services Board. (Angela
Raymond): City Attorney Garganese confirmed Ms. Raymond's application to be true and correct.
Ms. Raymond discussed interest in serving on the Board. Council proceeded to interview Ms.
Raymond, and expressed thanks.
City of Cape Canaveral, Florida
City Council Regular Meeting • March 19, 2024
Minutes • Page 2 of 5
PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing.
Peg Schaller, business owner, discussed appreciation for the City's efforts regarding the
Community Redevelopment Agency Plan and Visioning, and listed opposition to three sections of
Attachment 4, Agenda Item 9., Update to the January 24, 2024 Special Council Meeting on pages
131-137, which were described as being incorrect, taken to be personal attacks on her character,
and biased.
Tina Rose Freeman, resident and property owner, discussed interest in serving on the Culture and
Leisure Services Board, is awaiting contact by Staff after having submitted an Application, and that
Community Appearance Board is her second choice.
Mayor Morrison indicated the Iivestream was not available for online public participation.
CONSENT AGENDA: Council Member Jackson removed Item 1. Mayor Morrison removed Items
2, 3, and 5.
1. Approve the February 15, 2024 Workshop and February 20, 2024 Regular Meeting
Minutes.
2. Resolution No. 2024-01; appointing a member 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. (Angela Raymond)
3. Resolution No. 2024-02; amending the Defined Contribution Retirement Plan for the
General Employees of the City of Cape Canaveral, Florida, beginning in the FY 24/25
budget; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
4. Approve an updated Statewide Mutual Aid Agreement with the State of Florida Division
of Emergency Management providing for reciprocal emergency aid between the City of
Cape Canaveral, the State and other local government entities in the event there is a need
that cannot be met with existing resources and authorize the Mayor to execute same.
5. Approve the purchase of a Tiger Dam flood barrier system for the City of Cape Canaveral
Community Center (C5) in the amount of $47,283.00 and authorize the City Manager to
execute the same.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve Consent Agenda Item 4. The motion carried 5-0.
#1. Discussion ensued and included suggested revisions to the DRAFT February 15, 2024 City
Council Workshop Meeting Minutes including changing the second sentence in the first
paragraph from "concerns over the low charging data so far" to "concerns over low usage due to
it being peak season, and charging station utilization being low when the number should be
higher", City Manager Morley's suggested striking the words "charging data so far" and inserting
"usage based on it being peak season and charging numbers being low when higher numbers
were expected" to which Council Member Jackson agreed. Discussed continued regarding the
phrase "presenting arguments not to have chargers while at the same time discussing a marketing
strategy" not being reflective of the intent of the discussion, replacing the language with
"presenting market decline indicators while discussing a marketing strategy in regards to
reporting, and making adjustments if necessary, and clarifying meeting discussion in the Minutes.
City Manager Morley suggested leaving the word "presenting", striking "not to have chargers",
and insert "market decline indicators", and "while at the same time discussing a market strategy,
profitability, and technology will catch up in time, and adjustment to reporting as necessary" to
City of Cape Canaveral, Florida
City Council Regular Meeting • March 19, 2024
Minutes • Page 3 of 5
which Council Member Jackson agreed. A motion was made by Council Member Jackson,
seconded by Mayor Pro Tem Kellum, to amend the DRAFT February 15, 2024 City Council
Workshop Meeting Minutes, as stated by City Manager Morley. Discussion ensued and
included whether the suggested statements represent both sides of the Workshop Meeting
discussion, how counter -market data was also discussed but not captured in the Draft Minutes,
City Clerk Goforth's explanation regarding the traditional style of recording the minutes for the
City involves following Roberts Rules of Order combined with City Council desire to capture some
discussion versus the entire discussion, and only amending the Draft Minutes with the first
suggested change. City Manager Morley suggested, if Council reached consensus to, amend the
main motion to reflect the first suggested change: "concerns over low charging data so far usage
based on it being peak season and charging numbers being low when higher numbers were
expected". A motion was made by Council Member Jackson, seconded by Mayor Pro Tem
Kellum, to amend the main motion, as stated by City Manager Morley. The motion carried
5-0. The main motion carried 5-0. Discussion ensued regarding the City Council Regular
Meeting Minutes from February. A motion was made by Council Member Willis, seconded by
Mayor Pro Tem Kellum, to approve the City Council Regular Meeting Minutes of February
20, 2024. The motion carried 5-0.
#2. Discussion ensued and included concerns regarding vacancy on the Culture and Leisure
Services Board (C&LSB), more citizen involvement, the City's Volunteer Advisory Board processes,
desire for and opposition to postponement of the Item, concerns regarding potential conflicts of
interest with the Applicant's involvement in past City Council Meeting discussion regarding pickle
ball versus tennis, the C&LSB's potential and/or perceived direct impact to election
communications via Friday Fest booth reservations, allegations involving certain candidates not
afforded a booth at past Friday Fest events, desire to resolve the issue before appointing any other
former Council Members to the C&LSB, opposition to the allegations made, rules for booths at
Friday Fest involve meeting a deadline, an opinion that opposition to appointment of the
Applicant may be related to the Civic Hub Project or concerns over potential items the Applicant
support through the C&LSB. Mayor Morrison called for order as Applicant Raymond exited
Council Chambers. PRCA Director Thomas noted that after the November 7, 2023 Election, Staff
created a solution to the booth reservation process, and how the C&LSB has nothing to do with
that process. Tina Rose Freeman, resident and property owner, discussed how the City publicizes
volunteer board vacancies, her recent application submittal, and allegations of mistreatment
directed at herself and others from the Applicant. Discussion continued regarding desire to better
understand the City's Volunteer Advisory Board processes, whether the Applicant is still willing to
pursue appointment to the C&LSB, the unexpired term for the vacancy runs through October 1,
2024, desire to consider other applicants to fill the vacancy, and the need to strike the Item. City
Attorney Garganese advised Council that no action is necessary since the Applicant left the
impression of withdrawal upon leaving the Meeting. No Council action was taken.
#3. Discussion ensued and included City Manager Morley's summary of the Item, how the
City's workforce is not large enough to participate in the Florida Retirement System Pension Plan,
a suggestion to change the employer non -elective defined contribution rate for all participating
employees from 7% to 10% and to leave the match at 3%, desire to move with caution this year,
support for removing the vesting period after the employee probationary period, the financial
impact of changes to the 24/25 fiscal year Budget, desire for comparison data from other cities,
desire to hear the new HR/Risk Management Director Harmon's opinion, weighing capital
improvement projects that the Council could potentially decide not to approve against the cost
of this item to keep the City competitive for employee retention, no urgency for Council to make
City of Cape Canaveral, Florida
City Council Regular Meeting • March 19, 2024
Minutes • Page 4 of 5
a decision yet, the Council -approved raise two years ago, and the 2% Cost -of -Living Adjustment
from the previous fiscal year. Council reached consensus to take no action on Resolution No.
2024-02, and to review the Item at the CIP Workshop on Thursday, April 4, 2024.
Mayor Morrison recessed the meeting at 7:59 p.m. The meeting reconvened at 8:15 p.m.
#5. Discussion ensued and included alternative cost-effective flood barrier system methods,
other systems involve changing the structural design of the facility, challenges in protecting the
front of the Cape Canaveral Community Center (C5), impracticality of sandbagging, negotiation
for a cheaper price, shortening the system to save money, installation by Staff, plans to turn the
C5 into a post -storm resilience hub, the ability to add on to the system, preparation for Hurricane
Season and training Staff, budgeting for and the desire to protect all City facilities, and support
for providing a demonstration to show residents how the system works. A motion was made by
Mayor Pro Tem Kellum to go ahead with the shorter version. Discussion ensued regarding debate
over whether to save money using a shorter version of the system versus approving the Item as
budgeted, and how this purchase is specific to the Community Redevelopment Area budget.
Mayor Pro Tem Kellum indicated she would change her motion. A motion was made by Mayor
Pro Tem Kellum, seconded by Council Member Davis, to approve the Item as written.
Discussion continued regarding a cancellation and return policy. City Attorney Garganese
discussed the clause being absent from the submitted quote by US Flood Control Corp. A
motion was made by Council Member Willis, seconded by Council Member Davis, to
amend the main motion contingent upon a comparable return policy. The motion carried
5-0. The main motion carried 5-0.
ITEM FOR ACTION:
6. Approve date/time/location 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.
Discussion ensued and included Council Members availability. A motion was made by Council
Member Willis, seconded by Council Member Davis, to approve Wednesday, March 27, 2024
at 6:00 p.m. for a City Council Joint Educational Workshop Meeting with the Planning and
Zoning Board. The motion carried 5-0.
ITEMS FOR DISCUSSION:
7. Lowering Golf cart registration to gain compliance. (Submitted by Mayor Pro Tem
Kellum): Mayor Pro Tem Kellum explained the Item. Discussion ensued and included registration
cost comparisons to other municipalities, the expense of making golf carts compliant with the City
Code, golf carts on the beach and sidewalks, popularity of golf carts at short-term rental
properties, City visitors unaware of laws and regulations, and the need for more education to the
public with events and marketing. BCSO Commander Keck urged people to call if they see golf
carts on the beach, discussed efforts by law enforcement to educate people here on vacation, golf
carts versus low -speed vehicles, and challenges with conflicting regulations from adjacent
municipalities. Discussion continued regarding various ideas to help educate the community and
save money on registration. Council reached consensus to gather research from other Brevard
County beachside communities for costs and total number of registrations regarding golf carts
to bring back as a discussion item at the April 16, 2024 City Council Regular Meeting.
9. Update to the January 24, 2024 Special Council Meeting: Discussion ensued and included
the status of the Fillmore Avenue issue and Update, internal processes of Staff regarding
City of Cape Canaveral, Florida
City Council Regular Meeting • March 19, 2024
Minutes • Page 5 of 5
communication and resolution with utility companies, coordination between Florida Power and
Light (FPL) and Spectrum, dissatisfaction with Staff's Item and progress at the 304-316 Fillmore
Avenue Project, desire to have all parties meet including FPL, Spectrum, Building Official German,
Allen Engineering, ABC Construction, Kimley-Horn, and former City Engineering Consultant John
Pekar, a suggestion to contact Spectrum to pull the cable off of the utility pole at Fillmore Avenue,
and Staff's assurance the issue was explained to FPL and Spectrum weeks ago. Mayor Morrison
stated on the record, from an audience member that shared the information, that no cables are
on the pole. A motion was made by Council Member Willis, seconded by Mayor Pro Tem
Kellum, to extend the Meeting 10 minutes. The motion carried 5-0. Mayor Morrison and Staff
continued discussion regarding 116, 118 and 120 Jackson Avenue issues and Update, internal
processes of Staff, Code Enforcement records prior to February 11, 2022 and missing information
in the City's online Code Enforcement module BS&A, and frustration over Staff work product and
resolution time. A motion was made by Council Member Jackson, seconded by Mayor Pro
Tem Kellum, to extend the Meeting 15 minutes. The motion carried 5-0. Discussion continued
among Council and Staff regarding next steps, how remedying all of the issues at these properties
will take close to a year, the suggestion to start the whole Certificate of Occupancy (CO) process
over again at Fillmore Avenue, and revoking the CO's and issuing temporary or conditional CO's.
City Attorney Garganese discussed revoking the original CO's being an extreme measure to take
at this stage of the process with four townhouses that have been occupied for over a year, granting
an emergency easement to ensure stormwater is maintained, and the Memorandum of
Understanding between the City and FPL which can be used get the pole removed. Discussion
continued regarding a desired ten days for resolution at Fillmore Avenue. A motion was made
by Council Member Willis, seconded by Council Member Davis, to adjourn the Meeting. The
motion carried 5-0.
ADJOURNMENT: The meeting was adjourned at 10:59 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL OF CAPE CANAVERAL, FLORIDA