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HomeMy WebLinkAboutcocc_council_mtg_minutes_20240521_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday May 21, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:14 p.m. Mayor Pro Tem Kellum led the Pledge of Allegiance. Mayor Morrison apologized for the delayed start due to the prior Community and Economic Development Board Meeting running long. 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 Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. Todd Morley Anthony Garganese Mia Goforth John DeLeo Tim Carlisle Dave Dickey Brian Palmer Natalie Harmon Molly Thomas PRCA Deputy Director John Mayberry Executive Assistant to City Manager/Office Manager Lisa Day Brevard County Sheriff's Office Commander Byron Keck Brevard County Sheriff's Office Lieutenant 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. Mayor Morrison discussed Item 11. Discussion ensued. Council reached unanimous consensus to withdraw the motion on the floor. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to move Item 11 into Items for Discussion. Motion carried 4-1, with Council Member Davis voting against. PRESENTATIONS/INTERVIEWS: Interview applicant for appointment to the Board of Adjustment. (Arvo Eilau): City Attorney Garganese confirmed information contained in Mr. Eilau's application to be true and correct. Mr. Eilau discussed reasons for interest in serving on the Board. Council thanked Mr. Eilau. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing, and was escorted out of Council Chambers by the Sergeants at Arms for breaking decorum after the Chair's warning to stay focused and avoid boisterous behavior. City of Cape Canaveral, Florida City Council Regular Meeting • May 21, 2024 Minutes • Page 2 of 3 CONSENT AGENDA: Mayor Morrison removed Item 4. 1. Approve Minutes for the April 4, 2024 Workshop Meeting. 2. Approve Minutes for the April 16, 2024 Regular Meeting. 3. Approve Minutes for the April 22, 2024 Special Meeting. 4. Resolution No. 2024-03; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Arvo Eilau) A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Items 1, 2 and 3. The motion carried 5-0. #4. Discussion ensued regarding Advisory Board Procedures. A motion was made by Council Member Davis, seconded by Council Member Willis, to approve Resolution No. 2024-03. The motion carried 5-0. ITEMS FOR ACTION: 5. Discuss the findings of the Wastewater Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 5.0% Wastewater Rate increase for FY 24/25 as set forth in the 2022 Analysis: City Manager Morley explained the Item. Discussion ensued. City Attorney Garganese clarified the 5.0% rate increase was approved already, a resolution is required to decrease or increase that rate, and noted the complicated process to do so. Discussion ensued. Financial Services Director DeLeo discussed Council action will be required by July 15, 2024 in order to give the City of Cocoa enough time to upload new rates, and that there is no way to predict revenue from Capital Improvement Projects that Council has yet to approve. No action was taken. 6. Resolution No. 2024-02; amending the Defined Contribution Retirement Plan for the general employees of the City of Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions, severability and an effective date: City Manager Morley explained the Item, and clarified that the draft Resolution should reflect immediate vesting at six months rather than the day someone is hired, and the employer paid contributions need to align with that time period. Discussion ensued. Council reached consensus to direct Staff to amend Section 1 of the draft Resolution to reflect a six-month probationary period for vesting with employer contributions to begin at that time, bring the Item back to the June 18, 2024 City Council Regular Meeting, and provide financial impacts of the current rate structure versus the proposed. Mayor Morrison recessed the meeting at 7:39 p.m. The meeting reconvened at 7:53 p.m. ITEMS FOR DISCUSSION: 7. Discussion regarding Resolution 2022-28 (Submitted by Council Member Davis): Council Member Davis explained the Item. Discussion ensued. City Attorney Garganese explained the Resolution's intended purpose is to provide guidance for the City Council to follow. City Manager Morley discussed City Manager/Council Member one-on-one meetings versus conducting a public meeting with the entire Council for preparation before City Council Regular Meetings, arid offered to find out whether other cities conduct the latter from the Space Coast Managers Association. Patrick Campbell, resident, discussed support for conducting City Council workshops to prepare for the agenda versus one on one meetings with the City Manager. No action was taken. City of Cape Canaveral, Florida City Council Regular Meeting • May 21, 2024 Minutes• Page3of3 8. Discuss possible changes to permitting due to hardship on condos during insuring process. Roof Recoating Investigation, Scarification (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. C+ED Director Dickey explained either Staff would' be inspecting installations or the City would have to hire a third party to provide the expertise required to determine whether roof coatings are properly installed. City Attorney Garganese discussed permitting requirements under the Florida Building Code for roof coverings versus roof coating that does not, that insurance underwriters requirements are currently outside of the City's control, and inquired if Council desires a draft ordinance to require a permit for roof coatings. City Manager Morley noted mobile homes are exempt from the Florida Building Code, superseded by the Florida Department of Motor Vehicles. Council reached consensus for the City Attorney to draft an ordinance to require a permit for roof coatings. 9. Attendance to the State of Florida's Training for Emergency Management Symposium Leading from the Trenches. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. Council reached consensus to fund the hotel and per diems, and report back to the City Council in a format to be determined. 10. Update to the January 24, 2024 Special Council Meeting. (Added to Items For Discussion by Council vote to Amend the Agenda): Mayor Morrison explained the reason for moving the Item under Discussion, concerns over previous requests to do so, and previous requests for access to BS&A. City Manager Morley discussed access levels in BS&A, server based versus cloud based databases, and explained the purpose of the email to Council on Friday, May 10, 2024 regarding opening up access to BS&A modules (see attached). City Attorney Garganese discussed concern over access to health records in certain modules of BS&A software, some of which may have protected information that Council could stumble upon, and expressed hope that Council is protected. City Manager Morley expressed Staff's desire in giving access to the areas of BS&A that Council is interested in viewing. Council reached consensus to receive future BS&A training through Administrative/Financial Services Director DeLeo, and to ensure Staff keeps the Update to the January 24, 2024 Special Council Meeting on the City Council Regular Meeting Agenda monthly as a Discussion Item and not an Informational Item. Discussion ensued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, adjourn the meeting. Discussion ensued. The motion carried 5-0. ADJOURN*TAT IlMeeting was adjourned at 10:03 p.m. ® ZIc • xi Wes Morrison, Mayor Mia Go 0�dI&- ZIO Attachment to the May 21, 2024 City Council Regular Meeting From: Todd Morley Sent: Friday, May 10, 2024 5:01 PM Cc: Directors; Anthony Garganese Subject: BS&A read-only access Good afternoon City Council, At City Council's request, Staff has been directed to provide BS&A read-only access to the computer located in the Mayor's office and the computer located in the Councilmember's office. Prior to implementing this we must ensure that access is not granted to information which is protected. It is my duty to protect the confidentiality, integrity, and availability (CIA) of information of employees, vendors, and your constituency. Some data in BS&A is protected data that is not available to the public and only available to very few staff members, on a need -to -know basis. Access is granted by actual employee function, not by position. For example, BS&A contains personally identifiable information (PII), Health Insurance Portability and Accountability Act (HIPAA) data, and other data protected under the Privacy Act of 1974 of employees and residents. It is my duty to ensure safeguards are in place to protect employees and the City from actions that could tarnish the City's reputation or get the City or its employees into legal or ethical troubles due to misuse of protected data, including granting unauthorized access. Unauthorized access to PII, HIPAA, and other protected data, including inadvertent access, could incur steep penalties, both civil and criminal. I myself do not have full access to BS&A, as there is private data, exempt from my need -to -know. My limited access also supports my commitment to reduce the City's exposure to liability. I only have those accesses required to conduct my duties as City Manager. I also do not believe it is Council's desire to have access to protected data. We are confident that we are able to put appropriate safeguards in place to prevent unauthorized access to protected data, to prevent running afoul of state and federal laws. What we will need to do is work cooperatively toward this goal, by following a step by step approach. Step 1: City Councilmembers are requested to submit their desired areas of interest (i.e. code enforcement, building permits, business licenses, etc.). This can be by email to me. Step 2: Appropriate city staff will review the appropriate software for any possible connection to protected information and work to place appropriate safeguards (effectively blocking access to protected information). No other blocking, beyond this, is to take place. Step 3: Once sufficiently restricted, City staff will create access to read-only data to those requested areas on those two computers. A few related matters: Please remain mindful of the City Council Code of Conduct Sec. 2-28(b), pasted below: I understand that a councilmember does not manage the affairs of the city. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a majority vote of the city council and not the policy wishes of one individual councilmember. Creating new report templates in BS&A is an administrative duty. Staff will create new report templates based on Councilmember requests. Public records creation and retention. With access to BS&A, I understand that City Council will also want to be able to produce reports generated by BS&A. These reports will constitute Public Records. i Public records need to be managed in such a way as to comply with Florida's broad public records laws. Accordingly, this is another reason to implement safeguards, to ensure that these Public Records are preserved and protected. Public Records safeguards for reports generated on BS&A by City Councilmembers will be addressed separately, after additional consideration. These safeguards themselves are exempt from public disclosure. For these reasons, it is requested that Council first identify the information of highest value, so that staff can start our review for appropriate safeguards in those areas of access. Thank you and have a great weekend! 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 cityofcaoecanaveral.orq to capecanaveral.gov Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2