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HomeMy WebLinkAboutcocc_council_mtg_minutes_20241119_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday November 19, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum 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/Assistant to the City Manager Administrative/Financial Services (AFS) Director AFS IT Manager Capital Projects Director Community & Economic Development (C+ED) Director C+ED Deputy Director/Code Enforcement Manager C+ED Building Official C+ED Chief Resilience Manager Parks, Recreation + Community Affairs (PRCA) Director Public Works Services (PWS) Director Brevard County Sheriff's Officer Lieutenant Brevard County Sheriff's Deputy Todd Morley Anthony Garganese Mia Goforth John DeLeo Michael Schaffer Tim Carlisle Brianna Soat Brian Palmer Robert Doobovsky Zachary Eichholz Molly Thomas June Clark Scott Molyneaux Cheyne Dalton MAYORAL OATH OF OFFICE: Reverend Royce M. Morrison, Jr. administered the Oath of Office to Wes Morrison. Mayor Morrison then recessed the meeting to take photographs at 6:04 p.m. The meeting was reconvened at 6:14 p.m. APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued. Council reached consensus to remove Agenda Item 4 off of the Agenda, to move Agenda Item 13 between Items 6 and 7, and to place an Add -On Agenda Item — Discussion to schedule a City Council Special Meeting regarding Wave Village Development Agreement — after Agenda Item 13. A motion was made by Council Member Willis, seconded by Council Member Jackson, to approve the Agenda as written, with amendments. The motion carried 5-0. ELECTION OF THE MAYOR PRO TEM: City Manager Morley explained the Item. Council reached consensus to follow the established method to nominate and elect a Mayor Pro Tem. City Attorney Garganese read nominations for three rounds, and announced Mickie Kellum won the majority of votes. Council Member Kellum accepted the nomination and thanked the Council. A motion was made by Council Member Jackson, seconded by Council Member Willis, to appoint Mickie Kellum as the Mayor Pro Tem. City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2024 Minutes • Page 2 of 4 PRESENTATIONS/INTERVIEWS: Canaveral Fire Rescue and Brevard County Sheriff's Office Hurricane Milton appreciation presentation: Mayor Morrison presented a Certificate of Appreciation to Brevard County Sheriff's Office Lieutenant Scott Molyneaux. Lt. Molyneaux addressed the Council and thanked both Canaveral Fire Rescue and the Brevard County Sheriff's Office for their efforts. Presentation of Special Recognition to OG Enterprises and Canaveral Meats & Deli for their support and contributions to the City of Cape Canaveral and the Brevard County's Sheriff's Office National Night Out event: Mayor Morrison presented plaques of Special Recognition to Mr. Roman Poul, owner of Canaveral Meats & Deli and Mr. Oshri Gal, owner of OG Enterprises. PUBLIC PARTICIPATION: Brad Pervell, resident, discussed the sense of urgency he witnessed by City Staff and Florida Power and Light to address trees collapsing on a power line at Sandpiper Park, for which he commended the City's response and thanked Staff. John Benton, visitor, discussed a Code reduction hearing. Peg Schaller, resident, property and business owner, discussed opposition to spending more money for BS&A Software and Services Cloud upgrade, that Ordinance No. 20-2024 is really a height increase ordinance, inquired about the status of the January 24th Update and why a particular record was put in and then taken out of BS&A. Brad Pervell, resident, discussed a lack of urgency by the City's solid waste contractor after an alleged incident of hydraulic fuel dumped by one of Waste Pro's trucks into the street, which was washed down a storm drain during Veterans Day Weekend, and for which photos of the stains left behind on the pavement were provided by Mr. Pervell. Robert McGregor, resident, discussed the need for tennis court improvements at the Nancy Hanson Recreation Center, and urged the City Council to budget that upgrade. CONSENT AGENDA: 1. Approve Minutes for the October 7, 2024 Emergency Meeting. 2. Approve Minutes for the October 15, 2024 Regular Meeting. 3. Resolution No. 2024-18; adopting a cybersecurity standard in accordance with Section 282.3185(4), Florida Statutes; providing for notification to the Florida Digital Service; providing for repeal of prior inconsistent resolutions, severability and an effective date. 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. Approve the proposed 2025 City Council Regular and Budget Meeting Schedule. 6. Reappoint Community and Economic Development Director Brianna Soat as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Harry Ruffel as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee for Calendar Year 2025. 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. The motion carried 5-0. 13. Discussion to address the concerns of neighbors of 243 Coral Drive in the Harbor Height subdivision. (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item, and distributed copies of photographs taken by neighbors. Discussion ensued. Rita Perini, resident, discussed concerns regarding the amount of fill dirt placed on the property, not City of Cape Canaveral, Florida City Council Regular Meeting • November 19, 2024 Minutes • Page 3 of 4 able to open the west gate of her fence, and distributed photographs. Nancy Deen, resident, discussed concerns over stormwater runoff from 243 Coral Drive, the failure of the silt fencing, and distributed photographs. Susan Denny, resident and member of the Planning and Zoning Board, discussed concerns over stormwater runoff from 243 Coral Drive, and recommended updating the City Code if needed. Discussion ensued. Community and Economic Development Director Soat indicated Building Official Doobovsky could provide information tomorrow about what changes were made to grant the pool permit after having been denied. City Engineer Mallory Clancy, PE, with Kimley Horn and Associates explained the term "substantially compliant" as meaning the Site Plan, if constructed as proposed, meets City Code. City Manager Morley discussed a Certificate of Occupancy will not be issued until compliance is met at the property. Discussion ensued. City Manager Morley reviewed the list of desires captured during the discussion and the results of the meeting between Staff and the residents concerned about 243 Coral Drive. Building Official Doobovsky discussed the silt fence is fixed and now in its proper application, a stop work order regarding fill dirt height had been issued before he started work with the City, drainage pipe issues that were addressed by Code Enforcement, indicated 243 Coral Drive is compliant now, offered a list of all the inspections and permits pulled at the property, and explained that no stormwater structures are in place yet because the property is still under construction. Discussion ensued. No action was taken. - ADD -ON ITEM: Discussion regarding Wave Village Development Agreement. (Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. Attorney Kim Rezanka, representing OG Enterprises, discussed the status of the draft Restated and Amended Development Agreement which started February 6, 2024, and indicated Mr. Oshri Gal is ready to move forward and be heard now if possible. Discussion ensued. City Attorney Garganese discussed the reason for drafting a Restated and Amended Development Agreement, technical inconsistencies of the draft, and the issue of phasing schedules based on occupancy versus calendar dates. Discussion ensued. Council reached consensus to schedule a CRA Special Meeting at 5:00 p.m., and a Special City Council Meeting at 6:00 p.m. on Tuesday, December 3, 2024. Mayor Morrison then recessed the meeting to take photographs at 8:39 p.m. The meeting was reconvened at 8:47 p.m. PUBLIC HEARINGS: 7. 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, second reading: City Attorney Garganese read the title into the record, explained the Item, and amendments made based upon Council action taken at first reading. City Manager Morley discussed additional proposed amendments regarding turtle lighting and residents of the building. 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 Davis, to adopt Ordinance No. 20- 2024, as amended, at second reading. The motion carried 5-0. 8. 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, second reading: City Attorney Garganese read the title into the record and 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 City of Cape Canaveral, Florida City Council Regular Meeting • November 19, 2024 Minutes • Page 4 of 4 Kellum, seconded by Council Member Willis, to adopt Ordinance No. 20-2024, at second reading. The motion carried 5-0. ITEM FOR ACTION: 9. Appoint a Council Member as the 2025 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition: City Manager Morley explained the Item. Council Member Willis indicated his willingness to continue serving as the Alternate Delegate on the Board, and noted his recent appointment by the Florida Department of Transportation District (FDOT) Five Secretary John E. Tyler to the Safety Steering Committee. Discussion ensued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to appoint Council Member Willis as the 2025 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board. The motion carried 5-0. UNFINISHED BUSINESS: 10. Discussion on City of Cape Canaveral Code Enforcement Metrics and any applicable policies (Submitted by Mayor Morrison) (Postponed from October 15, 20241: Mayor Morrison explained the Item. Discussion ensued. Community and Economic Development Director Soat reviewed the list of Proposed Metrics provided under the Agenda Item Summary, noting positive feedback being received for the Community and Economic Development Department and Code Enforcement Officers. Deputy Director/Code Enforcement Manager Palmer discussed the information compiled in a monthly report to Council. City Manager Morley and Council commended Staff for their efforts, and recommended continued communications to the City Manager. No action was taken. 11. Update to the January 24, 2024 Special Council Meeting. [Postponed from October 15, 2024]: City Manager Morley discussed the status of the Item. Discussion ensued. City Attorney Garganese offered to meet with the Council individually regarding Fillmore Avenue status, and confirmed that no lawsuit had been filed. No action was taken. ITEMS FOR DISCUSSION: 12. Discuss and provide direction on implementing an Emergency Action Policy for using City owned equipment on private property: City Manager Morley explained the Item. Discussion ensued. Public Works Services Director Clark explained the use of the pump was for wastewater purposes and not stormwater, and is intended for emergency situations involving sewage. Council reached consensus to bring the Item back to the December 17, 2024 City Council Regular Meeting. 14. Discussion on City Charter Review (Submitted by Mayor Morrison): Mayor Morrison explained the Item. Discussion ensued. No action was taken. ADJOURNMENT: The Meeting was adjourned at 10:24 p.m. Wes Morrison, Mayor Mia G • �• ` °°City Clerk/ Assistan o` 8 City" atfappr p