Loading...
HomeMy WebLinkAboutcocc_council_mtg_minutes_20240917_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday September 17, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:43 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 (AFS) Director AFS Senior Accountant AFS Manager AFS IT Manager Capital Projects Director Community & Economic Development (C+ED) Director C+ED Chief Resilience Manager C+ED Senior Planner Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Director Public Works Services (PWS) Director PWS Infrastructure Maintenance Manager Brevard County Sheriff's Officer Lieutenant Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Joey Blacker Cheryl Puleo Michael Schaffer Tim Carlisle Brianna Soat Zachary Eichholz Kyle Harris Natalie Harmon Molly Thomas June Clark David Coulter Scott Molyneaux Dave Sargeant 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. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation by Brevard Homeless Coalition Executive Director Amber Carroll: Ms. Carroll discussed the Item, Council thanked her for the presentation, and Mayor Morrison indicated Staff would contact her with the outcome of Agenda Item 14. City of Cape Canaveral, Florida City Council Regular Meeting • September 17, 2024 Minutes • Page 2 of 4 Presentation of the Florida League of Cities University Gold Certificate of Excellence to Council Member Don Willis: Mayor Morrison explained the Item and presented the Certificate to Council Member Willis. Council Member Willis expressed appreciation to the Florida League of Cities and the City allowing him to participate in the program. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing. CONSENT AGENDA: Mayor Morrison removed Item 2. 1. Approve Minutes for the August 12, 2024 Budget Workshop Meeting. 2. Approved Minutes for the August 20, 2024 Regular Meeting. 3. Approved Minutes for the September 3, 2024 Special Meeting. 4. Resolution No. 2024-10; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County, Florida; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 5. Resolution No. 2024-11; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 6. Resolution No. 2024-12; reappointing a member to the Board of Adjustment; appointing and reappointing members, and appointing a first alternate 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. (Stephen Slaton, Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) 7. Approve Mutual Aid Agreement between the 45th Space Wing and the City of Cape Canaveral, for fire protection and hazardous materials incident response and authorize the City Manager to execute same. 8. Approve the Seventeenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control, and Pest Control Services in the amount of $64,688.47 with Black's Spray Service, Inc. and authorize the City Manager to execute the same. 9. Approve the Fifth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $309,870.25 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. 10. Approve FY 2023/24 City Budget expenditure of a total amount not to exceed $76,900 to Kimley-Horn and Associates, Inc., for engineering/design costs associated with the Presidential Streets improvements for stormwater remediation outside the CRA boundary. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Items, 1 and 3 through 10. The motion carried 5-0. #2 Mayor Morrison read two emails received by the City earlier in the day between citizen Tamara Muhlbach and City Clerk Goforth, attached herewith, regarding a request to amend the City Council Meeting Minutes of Tuesday, August 20, 2024. Discussion ensued. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to amend the City Council Regular Meeting Minutes of August 20, 2024 as discussed. Discussion ensued regarding addressing Ms. Muhlbach's requests during Public Participation in previous meetings, having asked five times now who allegedly falsified the public records related to the City's investigation into 116 Jackson Avenue, and which can be discussed under upcoming Agenda Item 15. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting • September 17, 2024 Minutes • Page 3 of 4 PUBLIC HEARINGS: 11. Resolution No. 2024-13; adopting a Final 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. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Resolution No. 2024-13. Discussion ensued. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 3-2, with Council Members Davis and Willis voting against. 12. Ordinance No. 19-2024; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025; providing for an effective date, second reading: City Attorney Garganese read the title into the record. 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 Willis, to adopt Ordinance No. 19-2024, at second reading. The motion carried 5-0. AFS Director DeLeo and City Manager Morley each thanked Staff, and the Council thanked Staff. ITEMS FOR ACTION: 13. Provide direction to Staff regarding proceeding with awarding bid from Atlantic Development of Cocoa, Inc. for Oak Lane Improvements in the amount of $806,571.50: City Manager Morley explained the Item. City Attorney Garganese discussed the Easement Agreement related to the property located at 8803 North Atlantic Avenue (currently La Cantina Restaurant), but acquisition is complicated due to the passing of one of the property owners, and ownership interest is currently in probate. He advised Council may approve the full contract, including the work in the easement area, and if the easement is not acquired the City can issue and execute a deductive change order for the work related to the easement. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to award the Oak Lane Improvement project to Atlantic Development of Cocoa, Inc., and authorize the City Manager to execute the Construction Contract, with the City Attorney modifying the Contract to address the work related to the Easement area as a possible Change Order. The motion carried 5-0. 14. Consider designating a City Staff member to work with the Brevard Homeless Coalition's House Bill 1365 Advisory Council: Discussion ensued. Council reached consensus not to appoint a representative from the City at this time, and to check back with the Coalition in July 2025. Discussion ensued regarding data and statistics provided by the Coalition. Mayor Morrison recessed the meeting at 8:09 p.m. The meeting reconvened at 8:23 p.m. ITEM FOR ACTION: 15. Update to the January 24, 2024 Special City Council Meeting: City Manager Morley reviewed the status of the Update. Discussion ensued. Council reached consensus for the Mayor to have meetings with the City Manager and City Attorney, and City Engineers Kimley-Horn and Associates and City Staff as needed, in order to define his goals and outcomes at a future Special Meeting. City of Cape Canaveral, Florida City Council Regular Meeting • September 17, 2024 Minutes • Page 4 of 4 REPORTS: Council Member Willis discussed desire for Council support in directing Staff to create a process and procedure for the trimming of vegetation along the beach dunes. City Manager Morley tasked Staff to research all current documentation regarding sea grapes, sea turtle guidelines, and camping along with what other cities are doing, and will provide that information for Council. Council Member Willis announced his appointment to the Florida Department of Transportation District 5 Steering Committee. Council Member Jackson discussed collaboration with Staff towards implementing a City Cyber Security Plan, being awarded a Certificate of Completion from Florida International University for completing online study of Cybersecurity Leadership and Strategy Professional Education Program, and working with the City Manager and City Attorney on a Live Local Act resolution for the October City Council Regular Meeting. Mayor Pro Tem Kellum inquired about Cherie Down Park status with the City. City Manager Morley indicated Staff is waiting for Brevard County to settle lifeguard program issues before re - engagement. Mayor Morrison expressed thanks to the Council for adoption of the Fiscal Year 24/25 Budget, indicating that it was the only Budget he voted for out of the seven adopted by Council, and discussed interest in seeing what other cities have done. ADJOURNMENT: The Meeting was adjourned at 9:23 p.m. Mia Goforth, City Clerk Wes Morrison, Mayor SEAL OF CAPE CANAVERAL, FLORIDA Attachment to the September 17, 2024 City Council Regular Meeting Minutes From: Mia Goforth Sent: Tuesday, September 17, 2024 12:30 PM To: 'Tamara Muhlbach' Cc: Todd Morley; Daniel LeFever; Lisa Day; Anthony Garganese Subject: RE: City Council Meeting Public Participation - Response Importance: High Good afternoon, You're email below is received. The City Council Meeting minutes capture the actions taken by the Council. The minutes do not reflect verbatim or summarize individual comments. Public Participaction comments are captured via the City's YouTube Channel. However, it is Council's discretion to amend minutes as they see fit via majority vote. Thank you. Mia Goforth, CMC City Clerk + Records Custodian m.goforth@capecanaveral.gov (321) 868-1220 x207 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: Tamara Muhlbach <tammuhlbach4@gmail.com> Sent: Tuesday, September 17, 2024 12:00 PM To: City Clerk <CityClerk@capecanaveral.gov>; Kay Jackson <k.jackson@capecanaveral.gov>; Don Willis <d.willis@capecanaveral.gov>; Wes Morrison <W.Morrison@capecanaveral.gov>; Mickie Kellum <m.kellum@cityofcapecanaveral.org>; Kim Davis <council.davis@capecanaveral.gov> Subject: City Council Meeting Public Participation Hi, I am unable to attend the meeting today. The August 2024 meeting minutes do not accurately record my comments during public participation. My ask was that the records show that I have asked 4 times for the information on who falsified the public records by entering the complaint dated 5/24/23. Instead, a watered clown cryptic comment were in the meeting minutes. Since another month has gone by, I would like the records to reflect that on 5 separate occasions I have asked for this information. Thank you 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.