HomeMy WebLinkAboutcocc_cc_reg_mtg_minutes_012125CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday January 21, 2025 6:00 p.m.
MINUTES
CALL TO ORDER
After the chair called the meeting to order at 6:01 p.m., Council Member Willis led in
reciting the Pledge of Allegiance to the flag.
ROLL CALL:
Council Members Present:
Council Member Kay Jackson
Mayor Pro Tern Mickie Kellum
Mayor Wes Morrison
Council Member Don Willis, and
Council Member
Others Present:
City Manager
City Attorney
Kim Davis
Administrative/Financial Services (AFS) Director
AFS IT Manager
Capital Projects Director
Community and Economic Development (C+ED) Director
C+ED Chief Resilience Manager
Parks, Recreation + Community Affairs (PRCA) Director
Public Works Services (PWS) Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Assistant to the City Manager
Deputy City Clerk
City Clerk
Todd Morley
Anthony Garganese
John Deleo
Michael Schaffer
Tim Carlisle
Brianna Soat
Zachary Eichholz
Molly Thomas
June Clark
Byron Keck
Scott Molyneaux
Lisa Day
Daniel LaFever
Esther Coulson
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
The city council considered its action to approve the agenda as submitted.
After discussion a motion was made by Council Member Jackson and seconded by
Council Member Kellum that the city council accept Council Member Jackson's
request to amend this evening's agenda by moving the reports out of order to be
considered after the consent agenda items.
A motion was made by Mayor Pro Tern Kellum and seconded by Council Member
Willis that the city council approve the regular meeting agenda with the previously
cited amendment.
City of Cape Canaveral, Florida
City Council Regular Meeting· January 21, 2025
Minutes · Page 2 of 7
Following further discussion, Mayor Morrison called for a roll call vote on the motion
with the council members voting as follows:
Council Member Jackson
Mayor Pro Tem Kellum
Mayor Wes Morrison
Council Member Don Willis
Council Member Kim Davis
For
For
For
Against
For
After discussion, Mayor Morrison declared the motion carried on a four to one (4-1)
vote.
PRESENTATIONS/INTERVIEWS:
Mr. William Lurich, National Weather Service (NWS) Melbourne Office Storm Warning
Coordination Meteorologist, gave a presentation outlining the Weather Ready Nation
Ambassador Storm Ready Program; described the process of helping communities
improve public messaging, safety skills and preparedness measures to help save lives
and property before, during, and after a storm event, and recognized and thanked the
Resilience and Sustainability Division for helping the city to receive the Storm Ready
Community Certification.
On behalf of the city council, Mayor Morrison thanked Mr. Lurich for the recognition,
extended appreciation to the NWS and the Resilience and Sustainability Division for
their work, and accepted the certification with gratitude.
PUBLIC PARTICIPATION:
Mr. John Benton, property owner, voiced concerns raised at a recent hearing and
questioned why his issue could not be considered regarding allegations that he was
homeless and living in a warehouse.
Later in the meeting, Ms. Donna Weitz!, property owner, voiced concerns on the morning
hours lift-off launch times at the Space Kennedy Center.
The following city residents and other individuals appeared before the city council voicing
their support to maintain the Nancy Hansen Recreation Complex Tennis Courts:
Mses. Frances Miles, Heidi Martin, Messrs. Robert McGregor and Tom Stoby
who recognized, with continued use, the deterioration and dangerous
conditions of the tennis courts; inquired whether monies could be identified
to allow resurfacing the courts and other repairs, and questioned the
rational to approve the concession stand's limited use for $115,000 shown
City of Cape Canaveral, Florida
City Council Regular Meeting · January 21, 2025
Minutes · Page 3 of 7
in the adopted FY 2024-25 budget; thus, noting the advantages to the city
if the courts were improved.
Ms. Janie McDonald, USA Cape Canaveral and Cocoa Beach Pickleball Board
Ambassador, conveyed comments made by Ms . Thomas at the
November 21, ,2024 Culture and Leisure Services Board meeting on the
allocation of funds toward the tennis courts.
After discussion and by unanimous consent, Mayor Morrison closed the public
participation.
CONSENT AGENDA:
The city council considered its action to approve the following consent agenda items:
1. Approve the December 17, 2024 Special Meeting Minutes;
2. App'rove the December 17, 2024 Regular Meeting Minutes;
3. Approve the proposal submitted by CROM Coatings and Restorations for leak
repair and destructive investigation for the one-million-gallon reuse tank and to
authorize the city manager to execute the same.
After discussion, a motion was made by Council Member Willis and seconded by
Council Member Davis that the city council approve the Consent Agenda Items as
previously cited.
Mayor Morrison called for a roll call vote on the motion and declared it carried
unanimously.
At this time, the city council took the following items out of order for consideration on
this evening's agenda.
REPORTS
Council Member Jackson reported on her recent participation at the state-mandated
ethics training . She relayed the Business and Economic Development Board (BEDB) and
the Community Appearance Board (CAB) concerns on their desires and ideas to allocate
funds for the fiscal year's capital improvement projects (CIPs) not being considered prior
to the city council's action, and relayed the suggestion for same, with staff input and prior
to city council action, be reviewed at the end of the year for inclusion in the CIP.
City of Cape Canaveral, Florida
City Council Regular Meeting · January 21, 2025
Minutes · Page 4 of 7
Council Member Jackson pointed out her attendance at the Culture and Leisure Services
Board meeting; and in addition to the Nancy Hanson Recreation Complex, voiced
concerns on other structures which need maintenance work. After she referred to her
January 17, 2024 email with Ms. Soat, citing the St. Johns River Water Management
District's alternative peak discharge criteria and water quantity, she concurred with
Mr. Garganese's reference to the water quantity requirements under subsection 90-148
of the city's code and advice that the community and economic development ought to
review its plans for the applicants to comply with said code.
In following up and agreeing with Council Member Jackson's remarks, Council Member
Willis conveyed his request at the recent BEDB and CAB to frequently meet prior to the
city council's review of the proposed FY 2025-26 budget.
Council Member Willis referred to his attendance at the January 13, 2025 Space Coast
League of Cities Board of Directors meeting where he was appointed to serve on the East
Coast Florida Regional Planning Council (ECFRPC) Board of Directors.
Council Member Willis reported on his attendance with Mr. Eichholz to the
January 22, 2024 2024 Hurricane Listening Session Federal Economic Recovery Support
Function Team and ECFRPC meeting regarding the Americans with Disabilities Act and
post Milton and Helen Hurricanes and relayed his request for funding assistance towards
maintenance and other needs for the city.
After further discussion and after Mayor Morrison announced that the adopted
FY 2024-25 budget is supplanted with $315,000 towards the concession stand,
Ms. Thomas identified funds in addition to resurfacing; mentioned the Request for
Proposals for Sports Surfaces LLC for approximately $500,000 and staff's efforts to obtain
quotes from other companies. She conveyed staff's recommendation to reconstruct the
tennis court.
Following extensive discussions, Mr. Garganese opined the city's duty to maintain its
structures in good order to the extent of defects and damage which may result in injuries
and the possible liability claim and advised that due to the dangerous and hazardous
conditions posed to patrons, the use of the city's tennis courts should be taken out of
service.
Subsequent to much discussion, Mr. Morley suggested that staff meet on the subject issue
to identify other projects; earmark funding towards said courts and report back to the
council for consideration. He additionally suggested that recommendations be sought
for soft sports tolerances for safety playability, measurement and status with a
determination to open the facilities as a result.
City of Cape Canaveral, Florida
City Council Regular Meeting· January 21, 2025
Minutes· Page 5 of 7
Upon Mayor Morrison's suggestion and by unanimous consent, the city council
considered the following items:
INFORMATIONAL
6. Monthly Financial Report
The monthly financial report was not considered at this time.
Mayor Morrison addressed the need to bring city-related issues forward for the
January 29, 2025 Brevard County Legislative Delegation meeting by the
January 22, 2025 deadline to which Council Member Jackson recognized the
notification received on the cancellation of the subject meeting which was not
rescheduled.
After Mr. Morley introduced Ms. Coulson and Senior City Planner Conner Ford at
this evening's meeting, the city council welcomed them to the city.
ITEMS FOR DISCUSSION
4. EV Chargers Status
7. City of Cape Canaveral Quarterly (Q4 2024) Public EV Charging Station Program
Report
After Council Member Jackson reviewed the electric vehicle chargers and charging
station program revenues and gave reasons why she believes the city would not
receive a return on its investment, she suggested revisiting the program during the
peak season.
Following extensive discussion, the city commission, by unanimous consent,
agreed with the Administrative/Financial Services Director to meet with the
Community and Economic Development Chief Resilience Manager to provide
a report on the electric vehicle charging station program on a quarterly basis.
Upon Mayor Morrison's suggestion and by unanimous consent, the city council
recessed its meeting at 7:26 p.m. and reconvened at 8:36 p.m.
ITEMS FOR DISCUSSION
S. January 24, 2024 Special Council Meeting Update
City Manager Morley gave an updated status report and read into the record the
city council's subsequent actions following its January 24, 2024 special meeting
regarding the pending Fillmore Avenue and completed Jackson Avenue Town
Home projects. (A copy of the report is filed with the supplemental papers to the
minutes of this meeting.)
City of Cape Canaveral, Florida
City Council Regular Meeting· January 21 , 2025
Minutes · Page 6 of 7
Mayor Morrison voiced concerns on the inability to transfer text messages from
Mr. Morley's city-issued cell phone to verify correspondence between himself and
Ms. Peg Schaulder, property owner, to which Mr. Morley advised that staff and
council members are not to conduct city business by text messages and if it is a
city business to be considered and that screen shots are to be taken and forwarded
to the city; thus, he believed a policy ought to be developed.
Responding to Mayor Morrison's concerns and after Mr. Morley gave a background report
on the curing of the violation on Jackson Avenue project and the order issued by the
special magistrate finding noncompliance to correct violations, which was not recorded,
Mr. Garganese described the process under subsection 2-297, penalties, fines, liens;
recording of the city code . . . .; cited subsection 82-385, recording special magistrate or
code enforcement board orders ... A certified copy of the order of the special magistrate .
. . may be recorded in the public records ..... , and explained the statutory requirements
to record the lien; the city's ability to collect the fine amount, and the violator's
position relating to the properties owned in the county.
Following further discussion regarding electronic communications and after
Mr. Garganese pointed out the records schedule for state and local government
agencies issued in accordance with statutory provisions, Mayor Morrison
addressed his intent to proffer council action accepting language to freeze all
records and correspondence relating to the properties in question.
After voicing reasons for concerns, Mayor Morrison referenced:
-The city's vision statement;
-subsection 2-101, city manager powers and duties and subsection 4.02 (b),
Personnel system ... removals ... , city charter, and
-subsection 3.C, duties and obligations and subsections 11.C. (5), (6), (7), and (8),
termination by the city council and severance pay from the July 24, 2020
executed employment agreement with the city manager.
After considerable debate the city council accepted Council Member Davis' intent
to submit to the city clerk a formal public records request amongst Mayor Morrison
and Council Member Jackson for all council member public and private emails, text
messages, and social media communications to include photographs regarding
Peg Schaller and for same to be fulfilled prior to the next regular meeting.
Following further discussion, and it being 10:10 p.m ., upon Council Member Willis'
request, a point of order was raised under the city's code, subsection 2-69.,
adjournment ... to adjourn beyond 10:00 p.m ....
City of Cape Canaveral, Florida
City Council Regular Meeting· January 21, 2025
Minutes · Page 7 of 7
A motion was made by Mayor Pro Tern Kellum and seconded by Council
Member Jackson that the city council suspend its rules under the city's code,
subsection 2-69, adjournment, to extend this evening's proceedings until
10:30 p.m.
Mayor Morrison called for a roll call vote on the motion with the council
members voting as follows:
Council Member Kim Davis
Council Member Jackson
Mayor Pro Tern Kellum
Mayor Wes Morrison
Council Member Don Willis
Against
For
For
For
Against
The motion failed to carry on a three to two (3 to 2) super-majority vote.
ADJOURNMENT
After further discussion, the meeting adjourned at 10:18 p.m.
Esther Coulson, City Clerk, MMC Wes Morrison, Mayor