HomeMy WebLinkAboutcocc_council_mtg_minutes_20240716_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
July 16, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. 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
Finance Manager
IT Manager
Capital Projects Director
C+ED Chief Resilience Manager
C+ED Senior Planner
C+ED Resilience Engineering Service Manager
Human Resources/Risk Management Director
Parks, Recreation + Community Affairs (PRCA) Dir.
PRCA Deputy Director
Public Works Services (PWS) Director
Public Works Services (PWS) Deputy Director
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Officer Lieutenant
Brevard County Sheriff's Deputy
APPROVAL OF AGENDA AS WRITTEN OR WITH
Council Member Willis, seconded by Mayor Pro
written. Motion carried 5-0.
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Cheryl Puleo
Michael Schaffer
Tim Carlisle
Zachary Eichholz
Kyle Harris
Lexi Miller
Natalie Harmon
Molly Thomas
John Mayberry
June Clark
Jessica Erdman
Lisa Day
Byron Keck
Scott Molyneaux
Cheyne Dalton
AMENDMENTS: A motion was made by
Tem Kellum, to approve the Agenda as
PRESENTATIONS/INTERVIEWS:
2024 Election Readiness - Presentation by the Supervisor of Elections, Brevard County, Tim
Bobanic: Supervisor Bobanic discussed how to be Election Ready in Brevard County for the 2024
City of Cape Canaveral, Horida
City Council Regular Meeting • July 16, 2024
Minutes • Page 2 of 4
Primary Election on August 20, 2024, the General Election on November 5, 2024, and thanked City
Staff for promoting all deadlines for voter registration on social media and the City Hall marquee.
Presentation of Institute for Elected Municipal Officials (IEMO) and IEMO II Certificates to
• Council Member Kim Davis: Mayor Morrison presented the Certificates to Council Member Davis.
Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion to
Council Member Kay Jackson: Mayor Morrison presented the Certificate to Council Member
Jackson.
Presentation of Proclamation declaring July 19, 2024 as "Parks and Recreational Professionals
Day" to City Parks, Recreation and Community Affairs Staff: Mayor Morrison read and presented
the Proclamation to the Parks, Recreation and Community Affairs Staff. PRCA Director Thomas
addressed and thanked Council.
PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing.
Tamara Muhlbach, resident, apologized to the Council and Council Member Davis for her outburst
at the City Council Special Meeting on July 10, 2024, suggested reaching out to other cities for
standard operating procedures and best practices, and accused Code Enforcement Staff of lying
to Council about falsification of City records.
Pat Campbell, resident, discussed concerns related to the length of City Council Regular Meeting
agendas, fair compensation regarding Council salaries, citizen participation related to City
expenditures, and contracting out City Code Enforcement.
Angela Raymond, resident, discussed concerns regarding the need for maintenance of tennis court
number five at the Nancy Hansen Recreation Center ahead of the Space Coast Tennis League
Tournament.
CONSENT AGENDA:
1. Approve Minutes for the June 18, 2024 Regular Meeting.
2. Resolution No. 2024-06; adopting a Water Service Agreement with the City of Cocoa in
accordance with Ch. 57-1232, Laws of Florida and Section 163.01, Florida Statues (the
Florida Interlocal Cooperation Act of 1969); providing for repeal of prior inconsistent
resolutions, severability and an effective date.
3. Approve proposal from Tetra Tech, Inc. in the amount of $98,231 for Engineering services
for the replacement of blower supply lines and related components at the Waste Water
Treatment Facility and authorize City Manager to execute same.
A motion was made by Council Member Davis, seconded by Council Member Willis, to
approve the Consent Agenda. The motion carried 5-0.
PUBLIC HEARINGS:
4. Resolution No. 2024-04; adopting a Tentative Proposed Millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2024/2025 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison read the title
into the record. City Manager Morley explained the Item. Discussion ensued. The public hearing was
opened. There being no comment, the public hearing was closed. A motion was made by Mayor
Pro Tem Kellum, seconded by Council Member Jackson, to go with the Middle -of -the -Road
City of Cape Canaveral, Florida
City Council Regular Meeting • July 16, 2024
Minutes • Page 3 of 4
tax millage rate. City Manager Morley explained the Middle -of -the -Road option represents the
General Government Millage tax rate of 3.4519, and with the Library Dependent Special District of
0.0422 mills equals a combined Tentative Proposed Millage Rate of 3.4941. Discussion ensued.
Capital Projects Director Carlisle discussed the Oak Lane Project is out for re -bid on August 8,
2024, this due to only having received one bid -submittal the first time in the amount of $1.5 million
dollars. Discussion continued. The motion carried 4-1, with Mayor Morrison voting against.
5. Ordinance No. 17-2024; amending Chapter 82 Buildings and Building Regulations to
adopt a local administrative amendment to the Florida Building Code to add a new City Code
Section 82-149 requiring a building permit for roof coatings regulated under the Florida Building
Code; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date, first reading: City Attorney Garganese read the
title into the record and explained the Item. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. Discussion ensued. City Manager Morley explained that a
$20,000 roof coating permit fee for a condominium would be $206.00 based on the Schedule of
Fees in the City Code, and how the City can ask for but not mandate participating property owners
to provide feedback to the City about whether they received any insurance benefit as a result of this
amendment. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Willis, to pass Ordinance No. 17-2024, at first reading. The motion carried 5-0.
6. Ordinance No. 18-2024; amending Section 110-196 of the City Code regarding
Nonconforming Lots of Record and Single -Family Dwellings and Duplexes; providing for the
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code,
severability and an effective date, first reading: City Attorney Garganese read the title into the
record, and explained the Item. The Public Hearing was opened. Mike DiChristopher, property
owner, distributed handouts to Council and Staff, and discussed support for the Item. Patrick
Campbell, resident, discussed submittal of an email for the record, and opposition to the Item.
The Public Hearing was closed. Discussion ensued. City Attorney Garganese explained the
potential negative impacts to the properties where there is no record the City approved the
subdivision of the lot, this Ordinance addresses existing single-family homes and duplexes, not
vacant Tots, and the impracticality to address these properties on a case -by -case basis. Discussion
continued. A motion was made by Council Member Davis, seconded by Mayor Pro Tem
Kellum, to approve Ordinance No. 18-2024, at first reading. The motion carried 3-2, with
Council Member Jackson and Mayor Morrison voting against.
Mayor Morrison recessed the meeting at 8:37 p.m. The meeting reconvened at 8:52 p.m.
ITEMS FOR ACTION:
7. 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 read the title
into the record. HR Director Harmon explained the Item. Discussion ensued. City Manager Morley
indicated Council decision can wait until the August City Council Regular Meeting. A motion was
made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to wait until the
August City Council Regular Meeting to make a decision. Discussion ensued. The motion
carried 3-2, with Council Member Davis and Council Member Willis voting against.
8. Request for removal of one (1) Live Oak Specimen Tree at 211 Buchanan Avenue: Pamela
Czaplicki, Contractor/Applicant, discussed the reasons for removal of the Tree. City Manager Morley
City of Cape Canaveral, Florida
City Council Regular Meeting • July 16, 2024
Minutes • Page 4 of 4
explained the Item. Discussion ensued. Council Member Davis read an email from resident Brad
Pervell into the record. City Attorney Garganese explained the statutory preemption does not apply
in this case, and the Applicant may hire another arborist to evaluate the Tree. Discussion continued.
A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to
extend the Meeting for thirty minutes. The motion carried 4-1, with Council Member Willis
voting against. Discussion continued. A motion was made by Mayor Pro Tem Kellum, seconded
by Council Member Davis, to deny removal of the Tree. Mayor Morrison requested to inspect
the property with Applicant permission. Discussion ensued. The motion carried 5-0.
Mayor Morrison noted the time at 10:12 p.m., and suggested five minutes be allotted to each
remaining Agenda Item.
9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how
to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment
Agreement between the City of Cape Canaveral and City Manager Todd Morley: Discussion
ensued. City Manager Morley stated the contract specifies the Evaluation shall be made between
May and July of each year. City Attorney Garganese stated Council may agree to move the Item
to August. Discussion ensued. City Manager Morley agreed to reschedule the Item to next month.
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to
postpone to August, making it the first Item on the Agenda. Discussion ensued. The motion
carried 3-2, with Council Members Davis and Willis voting against. Discussion ensued.
ITEMS FOR DISCUSSION:
10. Discuss amending the City's public electric vehicle (EV) charging station fee schedule to
allow for overnight charging at City Hall and provide direction to Staff regarding updating City
Code as appropriate to allow for overnight EV charging at applicable City parks: Chief Resilience
Manager Eichholz explained the Item. Discussion ensued. City Manager Morley discussed City Parks
hours are closed from dusk to dawn, compliance, and an idle fee grace period. Council reached
consensus for Staff to bring back a resolution amending the City's fee schedule for idle fees, and
an ordinance to amend City Code to allow for overnight EV charging at specified City parks.
Mayor Morrison noted the time at 10:29 p.m., and the need for an extension or move Items to the
next meeting. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem
Kellum, to extend the Meeting to 11:00 p.m. The motion received a majority vote 3-2, with
Council Members Davis and Willis voting against.
11. Action Item to follow up on identifying immediate actions that could possibly impact
the flooding on the Presidential Streets as discussed during June City Council Meeting.
(Submitted by Council Member Jackson): Council Member Jackson discussed the Item. City
Attorney Garganese made a point of order that extending the Meeting past 10:30 p.m. required
a super majority, and therefore the Meeting is technically adjourned under City Code Sec. 2-69.
ADJOURNMENT: The Meeting was adjourned at 10:32 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL OF CAPE CANAVERAL, FLORIDA