HomeMy WebLinkAboutcocc_council_mtg_packet_20240710_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
Wednesday
July 10, 2024
4:30 P.M.
Please email public comments before noon to: cityclerk@cityofcapecanaveral.org
For remote options, please visit: www.cityofcapecanaveral.org/city_meetings
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
All Agenda Section times are estimates and subject to change.
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the
agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding
public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit
their comments to three (3) minutes. The City Council will not take any action under the "Public
Participation" section of the agenda. The Council may schedule items not on the agenda as regular items
and act upon them in the future.
ITEM FOR ACTION
Accept the completion of the City Manager's Recommendations for the Report of Findings
regarding the Community and Economic Development Department roles, responsibilities and
actions for properties located on Fillmore Avenue and Jackson Avenue.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the City Council with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with
Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
CITY COUNCIL SPECIAL MEETING • WEDNESDAY, JULY 10, 2024
AGENDA ITEM SUMMARY
Subject: Accept the completion of the City Manager's Recommendations for the Report of Findings
regarding the Community and Economic Development Department roles, responsibilities and
actions for properties located on Fillmore Avenue and Jackson Avenue.
Department: Community and Economic Development
Summary: At its May 21, 2024 Regular Meeting, the Council reached consensus to keep the January
24, 2024 Special Council Meeting Update on the Agenda each month as a discussion item. At its
June 18, 2024 Regular Meeting, the Council reached Consensus to have a City Council Special
Meeting on July 10 or 11, 2024 to resume where Council stopped that night. The purpose of the
Special meeting is to decide how to proceed on this item. The Meeting has been scheduled for July
10th. This item has been prepared for this purpose.
Please see the table below, which provides status updates for each of the items of Council
consensus reflected in the January 24, 2024 Meeting Minutes (Attachment 1):
304-316 Fillmore Avenue Project:
Item
Status
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.
Complete. See Laserfiche folder: CC-LF\Public
Records Requests and Reports\Fillmore
Updates From Staff.
The Building Official (BO) resigned on April 30,
2024. However, prior to his departure, the
former BO stated that a written statement
would be provided to the C&ED Director at the
completion of the on -going site improvements
as recommended in the Kimley Horn and
Associates (KHA) Stormwater Report. While we
have not yet recruited a replacement BO, we
are currently utilizing the services of JPI, Inc. If
the project is completed prior to the hiring of
the replacement BO, JPI will be requested to
provide the statement. If we have hired the
replacement BO, then that employee will be
asked to provide the statement.
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,
Complete. See Laserfiche folder: CC-LF\Public
Records Requests and Reports\Fillmore
Updates From Staff.
Kimley Horn & Associates (KHA) submitted a
Stormwater Memorandum dated April 4, 2024.
KHA reviewed this Memorandum at the April
22, 2024 Regular City Council Meeting. The
Memorandum included information regarding
the findings of their site visit, findings of their
review of all site -related permit documents
and also included recommendations.
City of Cape Canaveral
City Council Special Meeting • Wednesday, July 10, 2024
Agenda Item
Page 2 of 4
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.
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.
Complete. FPL stated that due to security
reasons, it is not their practice to provide utility
plans. The removal of the overhead lines
(Spectrum) was finalized on 3/20/24. FPL
removed the utility pole on 4/11/24.
Staff remains in communication with the
Contractor regarding the recommendations as
outlined in the KHA Stormwater Memorandum.
Status updates continue to be provided to the
City Council via the Fillmore Task List
spreadsheet.
See Attachment 2 "Opportunities to improve the
Community Development Department as it
relates to the Building Department" - to be
presented at the July 10, 2024 Special City
Council meeting.
114 116 118 and 120 Jackson Avenue:
Item
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 throu. h Januar 24, 2024. The Report
Status
Complete. See Laserfiche folder: CC-LF\Public
Records Requests and Reports\Jackson
Avenue Code Enforcement
Correspondence.
City of Cape Canaveral
City Council Special Meeting • Wednesday, July 10, 2024
Agenda Item
Page 3 of 4
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.
• What is included:
o Field Notes
o Official Notices (Notices of
Violation, Revised Notices of
Violation, Code Enforcement
Board minutes, Code
Enforcement Board Orders,
Notices of Hearings, Orders of
the Special Magistrate, Special
Magistrate Agenda Packets.
• What is not included: Working draft
documents were determined to be
unhelpful and have created some
confusion. For these reasons, working
draft documents have not been placed
in the Laserfiche folder.
To be presented in a future City Council update.
Complete. See Laserfiche folder: CC-LF\Public
Records Requests and Reports\Jackson
Avenue Code Enforcement.
Ongoing. The latest monthly report for open
cases was distributed to the City Council on
June 27, 2024. A report related to closed cases
will be distributed annually, with the next one
to be distributed in May of 2025.
Complete. This item was presented at the June
18, 2024 Regular City Council meeting. The
item reviewed was titled "Opportunities to
improve the Community Development
Department as it relates to Code Enforcement"
and included Recommendations.
A copy of this document resides in Laserfiche
folder: CC-LF\Public Records Requests and
Reports\Jackson Avenue Code Enforcement.
Submittin • De • artment Director: David Dicke
City of Cape Canaveral
City Council Special Meeting • Wednesday, July 10, 2024
Agenda Item
Page 4 of 4
Attachments:
1. Minutes of January 24, 2024 Regular City Council Meeting
2. Opportunities to improve the Community Development Department as it relates to the
Building Department
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Accept the completion of the City Manager's Recommendations for the Report of Findings
regarding the Community and Economic Development Department roles, responsibilities and
actions for properties located on Fillmore Avenue and Jackson Avenue.
Approved by City Manager: Todd Morley
Attachment 1
CAPE 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.
GAiUA t,
�v
b� ''9�
1SL :2J
Daniel LeFe
•
• p to
ty Clerk
aelpry.'3vt'
es Morrison, Mayor
Attachment 2
Opportunities to improve the Community Development Department as it relates to the Building Department
Related to the January 24, 2024 City Council Special Meeting
Submitted July 10, 2024
Todd Morley, City Manager
During the January 24, 2024 Special City Council Meeting, City Council reached consensus on a number of tasks. One of which was to present any
findings and/or opportunities to be distributed to the City Council on ways the city can improve our Community Development Department
Specifically, Building Department concerns related to the development project located at 304, 306, 314 and 316 Fillmore Avenue.
Resulting from the Meeting, a review was undertaken to understand what Building Department actions may have contributed to the concerns.
The review involved interviews by the City Manager with former Building Official Mike German and Department Director, David Dickey. A Report
of Findings was produced which was presented at the May 7, 2024 Special City Council Meeting. The Report of Findings helped to frame "what
happened" in an unbiased, objective manner. The report did not include recommendations.
The recommendations are included in this document and are built upon the findings of the previous effort, which are referenced herein. Also
included are additional observations and analysis which support the recommendations.
This document is presented in two sections:
1. Clarification and summarization of each finding, with associated determinations of root causes.
2. Recommended actions.
Section 1. Clarification and summarization of each finding, with associated determinations of root causes.
Items reported in May 7, 2024 Report of Findings
Root cause(s)
Finding #1:
The B.O. did not review the site
City Code Sec 110-223(b)(2) requires site plans be submitted to the City Engineer, Building and Code Enforcement Department, Fire
plan prior to it being approved.
Marshal and Public Works Services Department. The site plan transmittal from staff did not include the Building and Code Enforcement
However, he would have likely
Department.
known there was an
However, an August 26, 2020, a memo was emailed by the City Engineer to C&ED Director and the Building Official which included the City
engineered site plan because
Engineer's comments on the site plan submittal. This would indicate that the Building Official was aware that a site plan was being
the City Engineer and the PWS
reviewed for the project.
Director had included the B.O.
Additionally, on September 22, 2020 the Public Works Director sent an email to the EOR, the B.O. and others, indicating he had completed
his review of the project (site plan).
on their emailed comments.
Finding #2:
The B.O. issued the C.O.s
Between August 17, 2022 and October 6, 2022, the Certificates of Occupancy (C.O.$) were issued without any signed statement from the
without any signed statement
EOR and the City Engineer, as noted in the C.O. application checklist.
from the EOR and the City
o The B.O. stated he was unaware of City Code Section 110-221, which required an engineered site plan for four or more residential
Engineer, as noted in the C.O.
units and therefore, an Engineer of Record (EOR). He later clarified that he interpreted this code section to apply only where four or
application checklist.
more attached residential units are proposed, and he viewed this development as four townhomes, which are SFRs under the FBC.
The B.O. stated was not aware
o The B.O. was unaware that the noted section of the C.O. application was intended to be used to reinforce City Code Section 110-221
that the section of the C.O.
(applied to residential).
application was intended to
assist with compliance with
City Code Section 110-221.
Opportunities to improve the Community Development Department as it relates to Code Enforcement
Finding #3:
The B.O. held a different
On October 5, 2022, the former City Engineer conducted a site inspection at 306 Fillmore Ave. at the request of the pending owner, and
interpretation of the code
provided a memo to B.O. and C&ED staff indicating that the detention system had not been constructed properly. The B.O. claimed to
section.
have not read the City Engineer's email until October 7, 2022, and the C.O.s were issued on October 6, 2022 without the B.O.'s awareness
By the time the B.O.
of the issue. This underscores the need for the B.O. to understand the requirement for an FOR and the associated requirement for all site
acknowledged having read the
work to be completed for the entire site prior to issuing any of the C.O.s.
email, all four of the C.O.s had
been issued.
Finding #4.
Poor recordkeeping.
Even though the C.O. checklist includes areas for documenting approvals related to the site, the B.O. indicated that he accepted verbal
approvals from the City Engineer and PWS Director in two separate instances regarding site compliance related to the stormwater system.
Verbal approvals of major site inspections do not provide adequate documentation and reliability.
Section 2. Recommended actions.
Retain the services of an experienced Building Official, charged with enforcing applicable codes.
Create a Standard Operating Procedure (SOP) manual to establish additional important operational procedures and guidelines to improve the
department's performance. The SOPs will address issues such as:
• Proper and complete routing for all site plan reviews, to include a checklist for ensuring that:
o all appropriate site plan reviewers have been provided with appropriate review documents, and
o all appropriate site plan reviewers have submitted appropriate review comments or approval documentation
o all site plan reviewer approval documents are to be included as an attachment in the P&Z Board agenda packet.
• Proper usage of Certificate of Occupancy applications to ensure all code requirements are met prior to issuing C.O.s
• Proper documentation of plan revisions and documented decisions.
• Proper documentation of all inspection results.
• Internal coordination between B.O., inspectors, plans examiners, city engineer, planning department, fire marshal and other officials and
agencies involved in site plan completion, subdivision completion and final approvals.
2