HomeMy WebLinkAboutcocc_council_mtg_minutes_20241217_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
December 17, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:04 p.m. City Clerk/Assistant to the
City Manager Goforth 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
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 IT Manager
Capital Projects Director
C+ED Deputy Director/Code Enforcement Manager
C+ED Chief Resilience Manager
Parks, Recreation + Community Affairs (PRCA) Director
Public Works Services (PWS) Director
Brevard County Sheriff's Officer Commander
Brevard County Sheriff's Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Michael Schaffer
Tim Carlisle
Brian Palmer
Zachary Eichholz
Molly Thomas
June Clark
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Agenda as
written. The motion carried 4-0, with Council Member Davis absent.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation, declaring January 14, 2025 as "114th Day" in the City of Cape
Canaveral, recognizing the service of the 114th Electromagnetic Warfare Squadron and the
community stewardship of its members' to the City of Cape Canaveral: Mayor Morrison read
and presented the Proclamation to Lt. Colonel and Commander Anthony Surman and Technical
Sgt. Aaron Leyte. Lt. Colonel Surman thanked Council, and discussed Squadron activities over the
past year.
PUBLIC PARTICIPATION: Michelle Savastano, property owner, discussed ongoing flooding
concerns at Cape Canaveral Mobile Estates, impacts related to Hurricane Milton, and requested
an update from the City. City Manager Morley directed Capital Projects Director Carlisle to
schedule a meeting between Ms. Savastano and Staff.
City of Cape Canaveral, Florida
City Council Regular Meeting • December 17, 2024
Minutes • Page 2 of 4
Bob Levine, resident and property owner, discussed vacation rental property concerns regarding
issues next door to his residence at 111 Lincoln Avenue, and desire to help the residents of Cape.
Canaveral experiencing the same problems. City Manager Morley directed Community and
Economic Development Deputy Director/Code Enforcement Manager Palmer to contact Mr.
Levine.
John Benton, visitor, discussed a Code reduction hearing.
CONSENT AGENDA: Council Member Jackson removed Item 5.
1. Approve Minutes for the Open Portion of the November 19, 2024 Special Meeting.
2. Approve Minutes for the November 19, 2024 Regular Meeting.
3. Approve Minutes for the December 3, 2024 Special Meeting.
4. Resolution No. 2024-19; adopting an amended and restated schedule of 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.
5. Approve a modification to terms and conditions of IT services.
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to
approve Consent Agenda Items 1 through 4. The motion carried 4-0, with Council Member
Davis absent.
5. Council Member Jackson explained the need to modify the Agenda Item. Discussion
ensued. Council reached consensus to forward Council Member concerns regarding the IT
Services Contract to the City Manager for vetting no later than noon on Thursday, December
19, 2024, in order to meet that company's deadline before the end of the year. A motion was
made by Council Member Jackson, seconded by Council Member Willis, to approve Agenda
Item 5 with the said modification. The motion carried 4-0, with Council Member Davis absent.
PUBLIC HEARINGS:
6. Ordinance No. 01-2025; amending the City of Cape Canaveral Comprehensive Plan
Coastal Management and Future Land Use Elements to address Perils of Flood in accordance
with the requirements of 163.3178(2)(F), Florida statutes and other applicable law; providing
for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into
the Comprehensive Plan, an effective date and legal status of the plan amendments, first
reading: City Attorney Garganese read the title into the record and explained the Item. The City
Attorney also explained that another version of the Ordinance's Exhibit "A" was distributed to the
City Council that identified the proposed amendments in Word track changes, and that the track
changes version will be attached to the Ordinance, and also included the Planning and Zoning
Board's recommendations. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. Discussion ensued. City Attorney Garganese discussed the proposed Ordinance,
and Council's concern regarding potential stormwater impacts to building elevations and new
development and adjoining properties, the Council referenced Brevard County Code Sec. 62-3724
of which he read the portion' "Development shall not adversely impact the drainage of adjoining
properties." Chief Resilience Manager Eichholz indicated both the proposed Ordinance and building
elevations ordinance can run concurrent through the process. Council reached consensus to move
forward regarding a separate ordinance to control building elevation. A motion was made by
Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 01-
2025, with Exhibit "A" referenced by the City Attorney, at first reading. The motion carried
4-0, with Council Member Davis absent. City Attorney Garganese proposed language to the
City of Cape Canaveral, Florida
City Council Regular Meeting • December 17, 2024
Minutes • Page 3 of 4
Council for a motion regarding building elevations, and discussed the process involving the
Planning and Zoning Board. A motion was made by Council Member Willis, seconded by
Council Member Jackson, to direct Staff to prepare an ordinance to address the elevations
involving new development projects and the potential adverse effects the elevations could
have on adjoining properties, taking into consideration Brevard County's regulations. The
motion carried 4-0, with Council Member Davis absent.
ITEM FOR ACTION:
7. Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of
Cities: City Manager Morley explained the Item, and shared information that Council Member
Davis would be happy to fill either position. Discussion ensued. Council Member Willis confirmed
willingness to serve as the Voting Delegate/Director. A motion was made by Mayor Pro Tem
Kellum, seconded by Council Member Jackson, to appoint Council Member Willis to the
Space Coast League of Cities as the Voting Delegate/Director and Council Member Davis as
the Alternate. The motion carried 4-0, with Council Member Davis absent.
UNFINISHED BUSINESS:
8. Discuss and provide direction on the possible implementation of an Emergency Action
Policy for using City -owned equipment on private property. [Item paused and directed to be
brought back to the December 17, 2024 Meeting per Council Consensus.]: City Manager Morley
explained the Item. Chief Resilience Manager Eichholz suggested that Brevard County Emergency
Management might be able to assist the City. Capital Projects Director Carlisle provided an update
regarding the Hurricane Milton flooding issues at mobile home parks in the City, including an
agreement with Career Source which could pay for 95% of the work that is needed to dredge the
City's Central Canal. Discussion included deploying City -owned equipment to private property
under a declared State of Emergency, City Manager discretion to address an emergency situation,
an emergency defined as threat to life or damage to property, and the challenge of prioritization
among competing interests for emergency assistance. No consensus among Council was reached.
Mayor Morrison recessed the meeting at 7:26 p.m. The meeting was reconvened at 7:39 p.m.
ITEMS FOR DISCUSSION:
9. Regulation of Dogs on the Beach, Off -Leash Areas, and Penalties for Non -Compliance.
(Submitted by Council Member Willis): Council Member Willis explained the Item. Brevard County
Sheriff's Office Commander Keck discussed enforcement, current City and County penalties and fines,
suggested adding non -emergency phone numbers on signage, and escalating maximum fines.
Animal Enforcement Officer Christopher Hahn discussed the recent incident of a dog attack on the
beach in Cape Canaveral. Discussion ensued. Brad Pervell, resident and property owner, discussed
health related concerns related to unleashed dogs, owners' failure to pick up after pets in Sandpiper
Park, and desire to increase the fines for citations to a flat $400. City Attorney Garganese advised
Council that the City adopted the County Animal Control Ordinance by reference, explained the
County's matrix of fines that are graduated depending on violations, and pointed out the City has its
own specific provisions with respect to dogs unleashed or on the beach. Council reached consensus
for Staff to bring back a new animal control ordinance including new fines which align with the
County for Staff to create community outreach messaging with input from the Culture and
Leisure Services Board.
10. Update to the January 24, 2024 Special Council Meeting: City Manager Morley discussed
the latest changes to the Update. Discussion ensued. City Attorney Garganese advised Council
that he is awaiting a response from the attorney representing the developer of the Fillmore
City of Cape Canaveral, Florida
City Council Regular Meeting • December 17, 2024
Minutes • Page 4 of 4
Avenue project as to why that developer's surveyor was allegedly on the now occupied property.
No consensus of Council was reached.
REPORTS:
Council Member Jackson discussed working with the City Manager and City Attorney regarding
lot elevation and flooding, working with the City Manager and IT Staff regarding cybersecurity,
and expressed confidence in City IT Staff.
Council Member Willis echoed the same confidence in Staff and IT services, discussed Coffee with
a Cop scheduled for 9:00 a.m. on Monday, January 6, 2025 at Cherie Down Park, election to two
Metropolitan Planning Organization Board seats, appointed to the Florida League of Cities
Education and Training Advisory Committee, appointment by Florida League of Cities President
Mike Blake to the Federal Action Strike Team (FAST), and meeting with City Manager and Staff
regarding Federal grant funding and appropriations.
Mayor Morrison discussed desire for a Charter Review discussion at the next City Council Regular
Meeting in January, Mayoral responsibilities, desire to know what entities the City is working with
regarding intergovernmental relations and when there are opportunities to meet with them, desire
to be copied on correspondence related to Public Information Officer inquiries and
communications on social media, desire to become more involved in responsibilities unless the
City Attorney disagrees, inquired who is in charge of and capturing history, monitoring social
media, his public records request for City job descriptions, desire to bring back trimming of sea
grapes in the City, and thanked City Clerk/Assistant to the City Manager Goforth for her service
to the City.
ADJOURNMENT: The Meeting was adjourned at 9:57 p.m.
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