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HomeMy WebLinkAboutcocc_council_mtg_minutes_20240416_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday April 16, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum 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 Deputy Director C+ED Chief Resilience Manager C+ED Senior Planner C+ED Resilience Engineering Services (RES) Mgr. Parks, Recreation + Community Affairs (PRCA) Dir. 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 Tim Carlisle Dave Dickey Brian Palmer Zachary Eichholz Kyle Harris Lexi Miller Molly Thomas Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued regarding the Consent Agenda, procedure, and combining Agenda Item 9 with 7. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. Mayor Morrison stated desire to discuss and update the Council on the City Council Special Meeting of January 24, 2024 during Reports. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring Friday, April 26, 2024 as Arbor Day in the City of Cape Canaveral to promote urban forestry and awareness: Mayor Morrison read and presented the Proclamation to Florida Forest Service Urban Forestry Partnership Coordinator Matt Kennard. Mr. Kennard thanked Council. Chief Resilience Manager Eichholz announced the City's free tree giveaway to celebrate both Earth Day and Arbor Day on Friday, April 26, 2024. Presentation by the United States Green Building Council to present the City of Cape Canaveral with the distinguished Leadership in Energy and Environmental Design Certification: Chief City of Cape Canaveral, Florida City Council Regular Meeting • April 16, 2024 Minutes • Page 2 of 4 Resilience Manager Eichholz explained the Item and introduced the City's former student volunteer intern/employee and now Florida Department of Environmental Protection Environmental Specialist Hannah Teague. Ms. Teague discussed her work in helping the City attain certification. United States Green Building Council Associate Director Tara Bleakly addressed Council and presented the LEED Silver Certificate to the City. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing. Mary Mosquera, resident and Culture and Leisure Services Board Vice -Chair, discussed concerns and disappointment regarding how Council handled the process to approve or not approve Angela Raymond as a member of the Culture and Leisure Services Board during the March 19, 2024 City Council Regular Meeting, and the negative comments that were made by some on Council. Shannon Roberts, resident and property owner, discussed concerns regarding street lighting at Shorewood Avenue and North Atlantic Avenue, desire for another two-way pedestrian cross -walk sign on North Atlantic, desire to repaint faded bus shelters dark green, desire for a resident advisory committee, thanks to Staff for City Vision/Mission research, and accessible buildings and parking. Angela Raymond, resident and property owner, discussed clarification that she never withdrew her application to serve on the Culture and Leisure Services Board, nor did she decline the position after going through the interview process, and requested Council take action on the matter. CONSENT AGENDA: Council Member Jackson removed Item 1. 1. Approve Minutes for the March 19, 2024 Regular Meeting. 2. Approve Minutes for the March 27, 2024 Joint Educational Workshop Meeting. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Item 2. The motion carried 5-0. #1. Discussion ensued regarding a handout (attached) distributed to the Council, highlighting the portion of the draft Minutes proposed for amendment on page 3 of 5 in the second paragraph, starting on line 3, striking the word "alleged", inserting the word potential, striking the phrase "related to the former Council Member," and inserting the word with. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to amend and approve as shown in the handout. The motion carried 5-0. ITEM FOR ACTION: 3. Receive City Engineer's presentation regarding Presidential Streets and Civic Hub Projects and provide direction to the City Manager regarding using FY 23/24 CRA funds to obtain a task order for design services for engineered plans for a Civic Hub underground stormwater exfiltration system: City Manager Morley explained the Item. Council received the presentation by Kimley-Horn and Associates (KHA) Principal Scott Mingonet. Discussion ensued. City Manager Morley discussed how Council does not have to make any decisions yet, the Item will go to the Community Redevelopment Agency Board for recommendation next, and this is the final deliverable from KHA. City Manager Morley noted that the final conceptual plans for the Civic Hub reduced available tennis/pickleball court spaces by removal of one court. No action was taken. Mayor Morrison recessed the meeting at 8:00 p.m. The meeting reconvened at 8:15 p.m. City of Cape Canaveral, Florida City Council Regular Meeting • April 16, 2024 Minutes • Page 3 of 4 ITEMS FOR DISCUSSION: 4. Guidelines for Advisory Board Member Selection. (Submitted by Council Member Willis): Council Member Willis explained the Item and distributed copies of the Application for Appointment to the City Advisory Board with current rosters of all City Boards. Discussion ensued. City Attorney Garganese explained City Code Sec. 2-171 — Procedures and requirements under Article IV. — Boards, Committees and Commissions, provided suggestions to Council including administrative procedures, and advised that although boards do not require full rosters, they do require quorums. Council reached consensus for Staff to reach out to other cities for best practices regarding Advisory Board Member Selection. 5. Discussion of current policy for Friday Fest booths. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. City Attorney Garganese explained first come, first serve First Amendment rights regarding the City's policy for Friday Fest, suggested policy changes to include booth reservations throughout the year to allow new businesses and candidates the ability to participate in the event, possible modifications to the Friday Fest applications, how the Parks, Recreation and Community Affairs Department can produce informational inserts for the City Clerk's Office Candidate Packets for City Elections, and protected speech at City events. Discussion ensued. PRCA Director Thomas noted the Brevard County Sheriff's Office hosted National Night Out and the City's Halloween Trunk -or -Treat as additional opportunities in which election candidates can participate, and explained that any policy changes made now may not be possible for vendors who are already registered. Council reached .consensus for the City Attorney to work with Staff to amend the Friday Fest Application, to address reserving a certain number of booths for later in the year, and the City Clerk/Qualifying Officer will provide an insert about outreach opportunities, including Friday Fest, in the Candidate Packets for City Elections. 6. Discussion to direct City Manager and staff to create or develop an outreach plan to other groups within the county and municipalities on City of Cape Canaveral efforts to improve our stormwater, Banana River and Indian River Lagoon cleanup, and water quality. (Submitted by Council Member Willis): Council Member Willis explained Staff is in the process of implementing the initiative. No action was taken. 7. Discussion on EV Reports for the first quarter of 2024. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. Mayor Morrison called for a motion to extend for thirty minutes. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend to 10:30 p.m. for thirty minutes. Discussion ensued. The motion carried 5-0. No action was taken. 8. Changes to permitting causing hardship on condos during insuring process. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. City Manager Morley read an email into the record (attached) and CED Director Dickey distributed a Memo dated April 16, 2024 regarding Advisory — Roof Coatings (attached). Discussion ensued. City Attorney Garganese noted a statutory process/procedure is required for adopting a technical amendment to the Florida Building Code. Council reached consensus for Council Member Jackson to work with the City Attorney and Staff towards developing the request for a local technical amendment to the Florida Building Code for adding scarification and/or recoating to the permitting requirements of the Florida Building Code. Mayor Morrison noted Speaker Cards from individuals waiting to address Council, and called for Mayor Pro Tem Kellum to Chair the meeting while he stepped away to retrieve something from City of Cape Canaveral, Florida City Council Regular Meeting • April 16, 2024 Minutes • Page 4 of 4 the Mayor's Office. Shannon Roberts, resident and property owner, discussed support for the City to continue providing opportunities for City Council candidates to reach out to voters at Friday Fest and other events, and suggested the City allow advance booth reservations for City Council candidates at Friday Fests in September, October and November. REPORTS: Mayor Morrison discussed concerns and dissatisfaction over life -safety and other issues related to properties located on 304-316 Fillmore and 116-120 Jackson Avenues, and referenced in the Update to the January 24, 2024 City Council Special Meeting which was presented at the City Council Regular Meeting of March 19, 2024 as Item 9. At approximately 10:40 p.m., City Attorney Garganese made a point of order, calling for a motion to extend or adjourn the meeting. Discussion ensued. A motion was made by Council Member Davis, seconded by Council Member Jackson, to extend until 11:00 p.m. The motion carried 5-0. Discussion ensued. Peg S. Schaller, resident and business owner, discussed the Code Enforcement portion of the Update related to the January 24, 2024 City Council Special Meeting, indicated things are moving toward the right path after having met with City Manager Morley and CED Director Dickey, and pointed to inconsistencies regarding processes and documents related to Notices of Violation. Discussion ensued. Financial Services Director DeLeo discussed American Rescue Plan Act funds available for any additional expenses for the services of Kimley-Horn and Associates to attend a future City Council meeting regarding a Fillmore Avenue expert report. CED Director Dickey suggested Council come prepared with specific questions regarding issues related to the properties located on 304-316 Fillmore and 116-120 Jackson Avenues. City Attorney Garganese discussed the powers of the Council to compel/enforce individuals attend public meetings. Council reached consensus to hold a City Council Special Meeting on Monday, April 22, 2024 at 1:00 p.m. Council Member Willis discussed attending the Cocoa Beach Area Chamber of Commerce Legislative Wrap -Up and Florida House Bill 1365 regarding restriction on homeless camping on city properties, and distributed a Matthew's Hope Moving Forward Magazine regarding the issue which might be helpful in the future. Council Member Jackson announced that she will be attending the Florida Department of Emergency Management Statewide Terrorism training in Viera this week. City Attorney Garganese requested Council approval regarding the Florida League of Cities request that he write a "friend of the court" brief before the U.S. Appellate Court in Atlanta, GA, regarding public input during council meetings. Council reached consensus to allow the City Attorney use the City of Cape Canaveral as an example in drafting the brief in case it is needed. CED Director Dickey announced CED Chief Resilience Manager Eichholz was interviewed today on National Public Radio along with a Harvard Professor regarding resilience policy and infrastructure, and will air on 90.7 WFME in mid -May. ADJOURNMENT: The Meeting was adjourned at 11:25 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk SEAL OF CAPE CANAVERAL, FLORIDA Attachment to the April 16, 2024 City Council Regular Meeting Minutes From: Todd Morley To: Kay Jackson Cc: Anthony Garganese; Michael German; Pavid Dickey Subject: Changes to permitting causing hardship on condos during insuring process Date: Wednesday, April 10, 2024 6:30:00 PM Hi Kay, I had opportunity to briefly discuss your agenda item with both Anthony and Dave. I mentioned that you had previously explained that your item related to some recent activity regarding the insurance industry and the application of roof coatings. At my request, Dave requested a point clarification on permitting for roof coatings from our Building Official, to gather accurate information from the Florida Building Code (FBC) Perspective: Q: Is a permit and inspection required for roof coatings? A: If it's a coating over existing, no. If it's liquid applied roofing, yes. It's been a few years since I was a Building Official and the code changes over the years, so I am cc'ing Mike German to correct me if I get this wrong: The FBC refers to a "Roof Structure" as the structural portion of the roof. This could be concrete, it could be a wood truss system with plywood — the structural part. The FBC refers to a "Roof Covering" separately — this is the waterproofing membrane(s). Depending on the application, this could be asphalt shingles, sheets of bituminous roofing, many types of synthetic rubber roofing, etc. Think of it as the waterproofing part of the roof. I have heard of fabric -reinforced liquid applied systems that can reportedly serve as a primary roof membrane, but I have no experience with them. I know that the age of the "Roof Covering" definitely impacts homeowners insurance — and perhaps this is what you are looking into. There are coating products that are intended to extend the life of a "Roof Covering", but at least in the eyes of the FBC, that is not the same as a new "Roof Covering". Mike, please let us know if I got any of that wrong. I hope this helps add some helpful context to the agenda item. Please let me know if you have any questions. Thanks, Todd Todd Morley City Manager City of Cape Canaveral (321) 868-1220 x218 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 All city email addresses updated March 2024 from cityofcapecanaveral.org to capecanaveral.gov Attachment to the April 16, 2024 City Council Regular Meeting Minutes As presented at the 4/16/2024 Regular CC Mtg. Memo Community + Economic Development TO: Administrative Policy Folder VIA: Todd Morley, City Manager FROM: David Dickey, Community and Economic Development Director DATE: April 16, 2024 RE: Advisory- Roof Coatings Recently, Staff became aware of a question raised by a property owner related to the use of roof coatings, and the need for a city building permit for application of same. For this reason, the following Advisory was prepared and placed on the main Building Division page on the city website. ADVISORY USE OF ROOF COATINGS It has recently come to the City's attention there are questions regarding the need for a city building permit for the application of a roof coating. The Florida Building Code (Sec. 9095) states the application of a roof coating, over an existing roof, does not require a city building permit. However, a City Building Permit is required for the application, of a liquid applied roof. If you have any questions, please contact the City's Building Official at 321-868-1220, ext. 130. Please let me know if you have any questions. Thank you. Xc: City Council- Mia G. Mike German, City Building Official Brian Palmer, C&ED Dept. Dir./Code Enforcement Manager