HomeMy WebLinkAboutcocc_council_mtg_minutes_20240820_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
August 20, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:02 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
City Clerk
Administrative/Financial Serv. IT Manager
Capital Projects Director
Community & Economic Development (C+ED) Director
C+ED Building Official
C+ED Chief Resilience Manager
C+ED Senior Planner
Human Resources/Risk Management Director
Parks, Recreation + Community Affairs (PRCA) Director
PRCA Deputy Director
Public Works Services (PWS) Director
PWS Deputy Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Officer Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
Michael Schaffer
Tim Carlisle
Brianna Soat
Robert Doobovsky
Zachary Eichholz
Kyle Harris
Natalie Harmon
Molly Thomas
John Mayberry
June Clark
Jessica Erdman
Byron Keck
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, with the exception of moving Item 1 between Items 12 and 13. Discussion ensued.
Motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring September 2024 as "National Suicide Prevention
Month" to Kelly Haskins, Founder of "Do It for Hunter", and Wayne Price, Space Coast Health
Foundation Director of Communications: Mayor Morrison read and presented the Proclamation
to Foundation Director Ginny Gleason and Vice President Lisa Kercsmar. Ms. Kercsmar thanked
the Council and invited everyone to attend the 3rd Annual You Matter Day!, which is organized by
City of Cape Canaveral, Florida
City Council Regular Meeting • August 20, 2024
Minutes • Page 2 of 5
"Do It For Hunter", on Saturday, September 21, 2024 between 10:00 a.m. and 2:00 p.m. at Merritt
Island High School.
Interview recommended applicants for appointment to the Culture and Leisure Services Board
(Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie): City Attorney Garganese,
confirmed each Applicants' application to be true and correct, each individual Applicant discussed
the reason for their interest in serving on the Board, Council addressed each Applicant, and
thanked them for volunteering to serve.
PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing.
Tina Freeman, property owner, inquired about a camera installed by the City, on a tree at the
beach end of Fillmore Avenue last Friday, August 16, 2024. City Manager Morley indicated that he
was unaware of the camera and encouraged Ms. Freeman to provide contact information to the
City Clerk for Staff to provide an answer to the question later.
Tamara Muhlbach, resident, discussed the City's investigation into 116 Jackson Avenue, alleged
City records being falsified, and desire for the Meeting Minutes to reflect this being the fourth
time inquiring about the audit trail to show how and by whom the entry was made in BS&A on
May 24, 2023.
Daniel M. Koon, property owner, discussed receiving a building permit to construct a home at 226
Polk Avenue, and extended a "shout out" to City Manager Morley and Staff commending them
for their efforts.
CONSENT AGENDA:
2. Approve Minutes for the July 10, 2024 Regular Meeting.
3. Approved Minutes for the July 16, 2024 Budget Workshop Meeting.
4. Approved Minutes for the July 16, 2024 Regular Meeting.
5. Resolution No. 2024-07; reappointing members to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Nancy Gentilquore and Steven Stroud).
6. Resolution No. 2024-08; amending Resolution No. 2023-21 and rates and charges and
other terms and conditions for public EV charging stations operated by the City on City
owned or controlled property; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
7. Appoint City Senior Planner Kyle Harris as the City's voting representative on the Space
Coast Transportation Planning Organization's Technical Advisory Committee for the
remainder of Calendar Year 2024.
8. Approve proposal from Tetra Tech, Inc. in the amount of $92,976 for Engineering Services
for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation
Recommendations -Phase I, and authorize the City Manager to execute the same.
9. Authorize City Manager to execute continuing services agreements with selected firms for
Professional Engineering, Surveying, Planning and Architectural Services as submitted in
response to RFQ #2024-01.
10. Approve Service Agreement with JD's Atlantic Pool Service, LLC in the amount of $58,500
annually, for the Canaveral City Park Splash Pad System Operations and Maintenance
Services Contract and authorize the City Manager to execute the same.
City of Cape Canaveral, Florida
City Council Regular Meeting • August 20, 2024
Minutes • Page 3 of 5
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to
approve the Consent Agenda. The motion carried 5-0.
PUBLIC HEARINGS:
11. 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, second reading: City Attorney
Garganese read the title into the record, and explained the Item. A motion was made by Mayor
Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 17-2024, at
second reading. Discussion ensued. The Public Hearing was opened. Tina Freeman, property
owner, inquired if coating the roof of an elevator shaft might require this permit. City Manager
Morley discussed the idea of granting an administrative exemption for such roof repairs, if the
Building Official is in agreement, which could then be referenced in the draft Ordinance. The Public
Hearing was closed. Discussion continued. Council reached consensus to amend the draft
Ordinance with language allowing property owners to opt out of the building permit required
by Section 82-149 for an area of 100 square feet or less, and for Staff to follow-up in twelve
months to re-evaluate the effectiveness of the Ordinance. A motion was made by Council
Member Jackson, seconded by Council Member Willis, to amend the main motion as
discussed. The motion carried 5-0. The main motion carried 5-0.
Mayor Morrison recessed the meeting at 7:09 p.m. The meeting reconvened at 7:21 p.m.
Discussion ensued regarding Agenda Item 14, Resolution No. 2024-05, accommodating
applicants waiting to hear the Item, and one application having just been withdrawn from
consideration for the Culture and Leisure Services Board. Council reached consensus to move
Agenda Item 14 under Public Hearings before Item 12.
14. Resolution No. 2024-05; appointing members and alternates 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: Mayor Morrison read the title into the record. City
Attorney Garganese explained the Item. A motion was made by Mayor Pro Tem Kellum,
seconded by Council Member Jackson, to adopt Resolution No. 2024-05, with permanent
appointments of Brad Pervell and Tina Freeman, and alternates Virginia Scott and James
Stobie. The motion carried 5-0. Mayor Morrison extended congratulations to the new Board
Members.
12. 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, second reading: City Attorney Garganese read the title into
the record, and explained the Item. Discussion ensued. City Attorney Garganese clarified the
Ordinance addresses those existing single-family homes or duplexes with parcels of land, that
have not been approved by the Council as lots of record, will now be deemed as lots of record,
and advised Council can add language to that section stating eligibility will be on the date this
Ordinance is adopted, which then will afford that single family dwellings or duplexes the ability to
pull a building permit to do alterations or maintenance. The Public Hearing was opened. Adam
Marrara, resident and property owner, discussed support for the Ordinance, and the two options
he is left with if the Ordinance does not pass, one being move out of the City, and two suing the
City of Cape Canaveral, Florida
City Council Regular Meeting • August 20, 2024
Minutes • Page 4 of 5
City for violation of rights as a property owner. Patrick Campbell, resident, requested and received
clarification from City Attorney Garganese regarding the Planning and Zoning Board
recommendation to add the existing footprint provision related to adding a second story, and
expressed concerns regarding the Ordinance. The Public Hearing was closed. Discussion ensued.
A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to
adopt Ordinance No. 18-2024, with inclusion of the adoption date to Subparagraph B, at
second reading. Discussion ensued. C+ED Senior Planner Harris noted the great amount of work
it would take to identify each one of the properties in the City. The motion carried 4-1, with
Mayor Morrison voting against.
POSTPONED ITEM: (Item moved as approved by Council)
1. 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. (Postponed
on July 16, 2024): HR/Risk Management Director Harmon explained the Item. Discussion ensued.
A motion was made by Council Member Willis, seconded by Council Member Davis, to ratify
the Evaluation and give City Manager Morley a 10% raise. City Attorney Garganese clarified
that if not in the motion, the car allowance amount stays the same. The motion failed 2-3, with
Council Member Jackson, Mayor Pro Tem Kellum, and Mayor Morrison voting against.
Discussion ensued. A motion was made by Council Member Jackson, seconded by Mayor Pro
Tem Kellum, to ratify the Evaluation as presented, a salary increase to $156,896.00, plus the
existing car allowance. Discussion ensued. City Manager Morley stated that the proposed salary
would be a 2.69% increase. HR/Risk Management Director Harmon inquired if Council would be
adding the additional 2% COLA, noting the numbers are from the current fiscal year and not what
the other cities/towns will be getting. Discussion continued. City Attorney Garganese discussed
the Council only needs to accept receipt of the Evaluation, and the Contract has no set time
periods in terms of considering salary adjustments. Discussion continued. Angela Raymond,
resident, expressed concerns regarding the City Council's inability to conduct City business in a
timely fashion, apologized to the City Manager, and commended his performance. Council
Member Jackson withdrew the motion on the floor. Council reached consensus to accept
withdrawal of the motion. A motion was made by Mayor Pro Tem Kellum, seconded by
Council Member Davis, to ratify the Evaluation as presented, a salary increase to
$160,414.80, plus the existing car allowance. Discussion ensued. HR/Risk Management
Director Harmon noted additional cities salary and budget information will be provided next year
to Council as requested. The motion carried 4-1, with Mayor Morrison voting against.
Mayor Morrison recessed the meeting at 9:41 p.m. The meeting reconvened at 9:46 p.m.
ITEMS FOR ACTION:
13. 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 discussed
changes made to the draft Resolution since Council's last meeting. HR/Risk Management Director
Harmon discussed adjusting the eligibility entry period. Discussion ensued. Mayor Morrison noted
the hour at 10:00 p.m. City Attorney Garganese advised the Meeting is adjourned unless there is
a super majority vote to extend the meeting by time or by agenda item. A motion was made by
Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the Meeting to
complete this Item. Discussion ensued. The motion carried 4-1, with Mayor Morrison voting
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City Council Regular Meeting • August 20, 2024
Minutes • Page 5 of 5
against. Discussion ensued. A motion was made by Council Member Davis, seconded by
Council Member Willis, adopt Resolution No. 2024-02, with the non -elective contribution
rate of 9% and the elective employer match of 3%. Discussion ensued. A motion was made
by Mayor Pro Tem Kellum, seconded by Council Member Willis, to amend the main motion
not to include the proposed change to the vesting. Discussion ensued. The motion carried
4-1, with Council Member Davis voting against. The main motion carried 5-0. Discussion
ensued. City Manager Morley received direction to bring a Vesting Item back to Council at either
the first or second Budget Hearing.
ADJOURNMENT: The Meeting was adjourned at 10:21 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL OF CAPE CANAVERAL, FLORIDA