HomeMy WebLinkAboutcocc_council_mtg_minutes_20241015_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
October 15, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Jackson led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis (via phone)
Council Member Absent:
Council Member Kim Davis
Others Present:
City Manager
City Attorney
City Clerk/Assistant to the City Manager
Administrative/Financial Services (AFS) Director
AFS Manager
AFS Financial & Resource Analyst
AFS IT Manager
Community & Economic Development (C+ED) Director
C+ED Deputy Director/Code Enforcement Manager
C+ED Building Official
Human Resources/Risk Management Director
Parks, Recreation + Community Affairs (PRCA) Director
Public Works Services (PWS) Director
PWS Deputy Director
Brevard County Sheriff's Officer Lieutenant
Canaveral Fire Rescue Chief
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Cheryl Puleo
Donna Getz
Michael Schaffer
Brianna Soat
Brian Palmer
Robert Doobovsky
Natalie Harmon
Molly Thomas
June Clark
Jessica Erdman
Scott Molyneaux
Dave Sargeant
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve the Agenda as
written, and moving Item 11 after Item 13. The motion carried 4-0, with Council Member
Davis absent.
PRESENTATIONS/INTERVIEWS:
Presentation to the Financial Services Department of the Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2023: Mayor Morrison
explained the Item and presented the Certificate to AFS Director DeLeo, AFS Manager Puleo and
AFS Financial & Resource Analyst Getz. Director DeLeo commended AFS Staff for their
achievements, and thanked the City Council.
City of Cape Canaveral, Florida
City Council Regular Meeting • October 15, 2024
Minutes • Page 2 of 5
Presentation of Florida International University Certificate of Online Course Completion to
Council Member Kay Jackson:'Mayor Morrison explained the Item and presented the Certificate
to Council Member Jackson. Council Member Jackson discussed the importance of the City's cyber
security, and thanked the City Council.
Interview City resident Harry Ruffel for consideration of appointment as the City's representative
on the Space Coast Transportation Planning Organization's Citizens Advisory Committee. City
Attorney Garganese confirmed that the information provided by Mr. Ruffel was true and correct.
Mr. Ruffel discussed his background and desire to serve on the Committee, which he was invited to
volunteer for by Council Member Willis. Council addressed and thanked Mr. Ruffel.
Mayor Morrison apologized to Council Member Willis for the technical difficulties he experienced
while trying to participate in the Meeting via webinar. City Clerk Goforth noted Council Member
Willis may try to join via telephone.
PUBLIC PARTICIPATION: Shannon Roberts, resident, property and business owner, expressed
thanks to the City Council, Staff, Florida Power and Light and Spectrum for support during
Hurricanes Helene and Milton, and announced the League of Women Voters of the Space Coast
Mayoral Candidates Forum scheduled for Monday, October 21, 2024, from 6:30 p.m. to 8:00 p.m.,
at the Cape Canaveral Library.
John Benton, visitor, discussed a Code reduction hearing.
Staff connected with Council Member Willis via cell phone and placed it in front of a microphone.
Peg Schaller, resident, property and business owner, discussed support for Agenda Item 8 related
to rooftop amenities, and preference to listen first to Agenda Item 13 Update to the January 24,
2024 Special Council Meeting, and then speak afterwards.
Bill Skinner, resident, expressed thanks to Mayor Morrison, and frustration toward the City Manager
for not providing help to alleviate flooding on the mobile home park property, Cape Canaveral
Mobile Estates. Mr. Skinner discussed code violations, stormwater run-off, the City's drainage ditch
not being maintained, and not receiving help for mosquitos due to the standing water.
Gail Clarke, resident, thanked Mayor Morrison for checking on Cape Canaveral Mobile Estates
residents, discussed water drainage issues caused by drainage from adjacent properties and due
to the City's drainage ditch not being maintained for years, emergency vehicles unable to gain
access, and the danger to the citizens of the mobile home park.
CONSENT AGENDA: Council Member Jackson removed Item 4. Discussion ensued. City Attorney
Garganese advised that if the Council is going to have detailed discussion regarding system
implementation and specifications, Florida Law permits doing so outside of a public meeting as
cybersecurity information is confidential and exempt from public record, and further advised that
Council may remove the Item and the City Clerk would have to follow-up to make the appropriate
arrangements to have a separate discussion on this Item. Discussion ensued. Council reached
consensus to remove and postpone Item 4 to a City Council Cybersecurity Meeting, which
would beexempt from the public due to the cybersecurity confidentiality provision under
Florida Statutes.
1. Approve Minutes for the September 17, 2024 Regular Meeting/Second Budget Hearing.
City of Cape Canaveral, Florida
City Council Regular Meeting • October 15, 2024
Minutes • Page 3 of 5
2. Resolution No. 2024-15; reappointing members to the Business and Economic Development
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions, severability and an effective date. (Dawn Mays and Tom Hermansen)
3. Approve the Interlocal Agreement governing the Regional Opioid Settlement Funds
Between Brevard County and the City of Cape Canaveral and authorize the Mayor to
execute the same.
4. Approve BS&A Software and Services Cloud Upgrade proposal in the amount of $71,435
in FY24/25 and $52,635 on 10/1/25 and thereafter to migrate from legacy on -premises
solution to cloud -based solution, and authorize the City Manager to execute same.
5. Appoint City resident Harry Ruffel as the City's representative on the Space Coast
Transportation Planning Organization's Citizens Advisory Committee for the remainder of
Calendar Year 2024.
6. Appoint Community and Economic Development Director Brianna Soat as the City's voting
representative on the Space Coast Transportation Planning Organization's Technical
Advisory Committee for the remainder of Calendar Year 2024.
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to
approve Consent Agenda Items 1,2,3,5 and 6, and removing Item 4. Motion carried 4-0,
with Council Member Davis absent.
PUBLIC HEARINGS:
7. Resolution No. 2024-14; related to the "Live Local Act Property Tax Exemption";
providing that pursuant to the authority granted to the City of Cape Canaveral in accordance
with Section 196.1978(3)(o), Florida Statutes, the City of Cape Canaveral has elected to not
exempt certain real property under Section 196.1978(3)(d)1.a., Florida Statutes, from ad valorem
taxes; providing for repeal of prior inconsistent resolutions, severability and an effective date:
City Attorney Garganese read the title into the record and explained the Item would need at least a
two-thirds affirmative vote to pass. Discussion ensued. The Public Hearing was opened. Shannon
Roberts, resident, property and business owner, requested clarification during discussion whether
this is one of the incentives to bring affordable housing into the City, indicating an assumption that
the City is affordable housing -friendly. The Public Hearing was closed. City Attorney Garganese
discussed eligibility requirements for the exemption based on the Shimberg Center for Housing
Studies 2023 Annual Report. A motion was made by Mayor Pro Tem Kellum, seconded by
Council Member Jackson, to adopt Resolution No. 2024-14. The motion carried 4-0, with
Council Member Davis absent.
8. Ordinance No. 20-2024; amending Chapter 82 Buildings and Building Regulations to
adopt regulations to allow the construction and installation of rooftop amenities on
multifamily, mixed -use, and commercial buildings which satisfy the requirements set forth in
this Ordinance; 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. Discussion ensued. The Public Hearing was opened. Peg
Schaller, resident, property and business owner, inquired about signage placement, the protective
and structural barrier, music, and visibility provisions in the draft Ordinance. Shannon Roberts,
resident, property and business owner, requested an example of a beachside business in Brevard
County for clarity on the Item, and inquired where the initiative originated. Jon Rohweder,
property and business owner, introduced himself as a representative of the new Hyatt Place, and
explained the idea being discussed over the past year and a half with Staff and the Planning and
Zoning Board, and noted there being interest from visitors and other hotels in the area. The Public
City of Cape Canaveral, Florida
City Council Regular Meeting • October 15, 2024
Minutes • Page 4 of 5
Hearing was closed. Discussion ensued. Council reached consensus for Staff to revise draft
Ordinance 20-2024 based on Council discussion regarding the regulations for maximum square
footage, maximum sizes of both open-air and covered structures, signage, safety barriers, noise
regulations, and visibility from the street. A motion was made by Mayor Pro Tem Kellum,
seconded by Mayor Morrison, to adopt Ordinance No. 20-2024, with revisions and changes
as discussed, at first reading. The motion carried 4-0, with Council Member Davis absent.
Mayor Morrison recessed the Meeting at 8:35 p.m. The Meeting reconvened at 8:51 p.m.
9. Ordinance No. 21-2024; amending Section 54-7 of the City Code related to hours of
operation and general use of City parks for City electric vehicle charging stations; 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, explained the Item, and suggested Resolution No. 2024-08 be revised with conforming
amendments, and paired with the second reading of the draft Ordinance. Community and
Economic Development Director Soat discussed messaging and outreach on social media, the
Weekly Update, City Website, wayfinding app, digital marquee, and notification to hoteliers and
condominiums. The Public Hearing was opened. Shannon Roberts, resident, property and business
owner, discussed concerns regarding the Banana River Park charging location relative to handicap
parking ADA requirements. City Manager Morley directed Staff to follow-up. Discussion ensued.
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 first reading. Discussion ensued.
Council reached consensus for Staff to return with an amended resolution as discussed,
conduct digital outreach only, and holding off on notifying hotels for the time being. Council
Member Jackson shared charging app data through April, May and June, which also appeared in
the City Council Regular Meeting Agenda Packet for July and appears in under Item 15 of this
Meeting. The motion carried 4-0, with Council Member Davis absent.
10. Consideration of Cape View Coastal (Parcel #24-37-23-CG-11-1) Preliminary Plat
Approval with Conditions: City Manager Morley and Community and Economic Development
Director Soat both explained/discussed the Item. City Attorney Garganese discussed the process
moving forward if approved. Discussion ensued. City Manager Morley directed Staff to work with
the City Attorney to amend the City Code's six-month expiration provision for Preliminary Plat
approval. The Public Hearing was opened. Noel Droor, Professional Engineer with Droor &
Associates, Inc. and representing Applicant John Dismore, discussed the Cape View Coastal
Drainage Plan's compliance with City Code and the St. Johns River Water Management District
requirements. Discussion ensued. Representatives from KimleyHorn and Associates, City
Engineers, indicated they reviewed the site plan for compliance. Discussion continued. The Public
Hearing was closed. City Manager Morley read the four conditions recommended for Council
approval. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Willis, to extend the Meeting to 10:30 p.m. The motion carried 4-0, with Council Member
Davis absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Jackson, to approve the Cape View Coastal Preliminary Plat with Conditions. The motion
carried 4-0, with Council Member Davis absent. Discussion ensued. City Manager Morley
suggested the possibility of updates to the City Code related to future development and
stormwater with the assistance of City Engineers.
ITEMS FOR DISCUSSION:
12. Hurricane Helene Relief Efforts and Executive Order DBPR 2024-09 Rental restrictions
for individuals seeking shelter who lost their homes due to Hurricane Helene. (Submitted by
City of Cape Canaveral, Florida
City Council Regular Meeting • October 15, 2024
Minutes • Page 5 of 5
Council Member Jackson): Council Member Jackson indicated portions of the Item are not
applicable anymore, explained the Item, requested City Attorney Garganese review the Item for
Council, and suggested moving on in the Agenda. Discussion ensued.
ADD -ON ITEM:
Resolution No. 2024-17; providing for a temporary waiver of Building Permit Fees for repairs
related to building or structural damage caused by Hurricane Milton; providing for an intent and
purpose of this Resolution; providing for a filing period for eligible Building Permit Applications;
providing for severability; and providing an effective date: City Manager Morley explained the
Item, and thanked City Attorney Garganese for bringing it forward. A motion was made by Mayor
Pro Tem Kellum, seconded by Council Member Jackson, to approve Resolution No. 2024-17.
Council reached consensus to add the Item to the Agenda. The Public Hearing was opened and
closed with no comment. The motion carried 4-0, with Council Member Davis absent.
Discussion ensued regarding the postponement of Items 11 and 13. City Manager Morley
suggested Community and Economic Development Director Soat meet with Mayor Morrison
regarding his Item 11. Council reached consensus to postpone Items 11 and 13 to the next City
Council Regular Meeting on Tuesday, November 19, 2024.
REPORTS:
Mayor Morrison discussed the stress of Hurricane Milton flooding at Port Canaveral Trailer Park
and Canaveral Mobile Estates, desire to discuss improvements needed to the City's canal that runs
behind those properties, frustration with Staff's response, residents sitting in water for days,
frustration over Florida Power & Light's response to restore power, confusion over Canaveral Fire
Rescue and Staff communication, and recommended clearing of the canal. Discussion ensued.
City Manager Morley discussed City protocol in administering aid to private property owners with
the City's pumps, and the plan to have a Staff meeting to review and evaluate the City's Emergency
Team response before, during and after Hurricane Milton.
Council Member Jackson discussed desire for a meeting regarding the City's disaster planning
and recovery outside of Brevard County's disaster planning to fill in gaps in the process and
improve responsiveness.
Mayor Pro Tem Kellum announced the first ever Veterans of Foreign Wars Post 10131 and
American Legion Post 348 Veterans Day Parade on Saturday, November 9, 2024, at 11:11 a.m.,
which the City Council is invited be in, and to contact the VFW Post 10131 to let them know.
ADJOURNMENT: The Meeting was adjourned at 10:56 p.m.
Wes Morrison, Mayor
Mia Goforth, Ci
Assistant to the Cit