HomeMy WebLinkAboutcocc_cc_reg_mtg_minutes_021825CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday, February 18, 2025 6:00 p.m.
MINUTES
CALL TO ORDER
After the chair called the meeting to order at 6:01 p.m., Council Member Davis 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 Kim Davis
Others Present:
City Attorney
Interim City Manager/Administrative/Financial Services (AFS)
Director
AFS IT Manager
Capital Projects Director
Community and Economic Development (C+ED) Director
C+ED Chief Resilience Manager
PRCA Deputy Director
Public Works Services Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office
Deputy City Clerk
City Clerk
Anthony Garganese
John Deleo
Michael Schaffer
Tim Carlisle
Brianna Soat
Zachary Eichholz
John Mayberry
June Clark
Byron Keck
G. Evans
Jessica Ross
Esther Coulson
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
The city council considered its action to approve the agenda as submitted.
At Council Member Jackson's request, the city council, by unanimous consent,
amended this evening's regular 'agenda to take the items out of order and move
Item Number 12 to the end of the agenda.
Council Member Willis suggested that future agenda summaries submitted as a
discussion item from the city council ought to provide more information on problems,
questions or concerns.
City of Cape Canaveral, Florida
City Council Regular Meeting· February 18, 2025
Minutes· Page 2 of 10
After discussion a motion was made by Council Member Davis and seconded by
Council Member Jackson that the city council approve this evening's regular agenda
as amended to take the items out of order by moving Item number 13 up to 12 and
12 down to 13.
Mayor Morrison called for a roll call vote on the motion, as amended, and declared
it carried unanimously.
PRESENTATIONS/INTERVIEWS:
Proclamation -March 2025 as "Irish-American Heritage Month"
On behalf of the city council, Mayor Morrison read into the record a
proclamation declaring March 2025 as Irish-American Heritage Month
celebrating the rich cultural heritage and the many valuable contributions of
Irish-Americans.
Mr. Tim Myer accepted the proclamation, on behalf of the Irish Catholic
Community and the Ancient Order of the Hibernians, and thanked the city
council for the recognition.
Award Presentation -AARP
Ms. Laura Streed, The American Association of Retired Persons (AARP) Florida,
presented the City of Cape Canaveral with an award recognizing the City of Cape
Canaveral as a member in good standing of the AARP Network of Age-Friendly
States and Communities.
Mayor Morrison, on behalf of the city council, accepted with gratitude the
AARP's 2024 plaque recognizing the city as a member in good standing of the
AARP Network of Age-Friendly States and for its age-friendly leadership,
achievements and continuing commitment toward being a livable community for
people of all ages; and thanked the AARP, City of Cape Canaveral and city staff
for their support.
Annual Audited Financial Statements and Independent Auditor's Report -FY
Ended September 30, 2024
Mr. Michael Messano, James Moore & Co, auditors retained by the city, thanked
Administrative/Financial Services staff for their support; gave a power-point
presentation on the city's annual audited financial statements and independent
auditor's . report for fiscal year ended September 30, 2024 and highlighted its
findings and recommendations.
City of Cape Canaveral, Florida
City Council Regular Meeting· February 18, 2025
Minutes · Page 3 of 10
New City of Cape Canaveral Staff Introductions
Mr. Deleo recognized new staff member Mr. Michael Perkins, Code Enforcement
Officer. Later in the meeting Mr. Deleo acknowledged the presence of Deputy
City Clerk Jessica Ross and announced Daniel LeFever's final day of employment
with the city.
Business and Economic Development (BED) Board
In response to questions from the Mr. Garganese and the city council,
Ms. Carolyn Cerbin explained why she would like to serve on the BED board;
described her involvement in the community and outlined her background and
experience.
Community Appearance Board (CAB)
Answering inquires posed by Mr. Garganese and the city council, Ms. Elana
Whitehead outlined the purpose for her service as a member to the Community
Appearance Board.
PUBLIC PARTICIPATION
In thanking the city council on their work, Ms. Tina Freeman, property owner and city
resident, acknowledged the time and performance dedicated by the elected officials;
expressed concerns on the compensation they receive as a part time job, and conveyed
the residents' preference for a change in the city charter to make their positions full
time.
In relaying questions from the Brevard County Sheriff's Office, residents and visitors,
Ms. Freeman pointed out the yellow flashing signals on the crosswalks along A1A in
the Cities of Cocoa, Satellite Beach, and Indian Harbor River and inquired, in working
with the State of Florida'-Department of Transportation (FDOT), about one being
installed in the City of Cape Canaveral.
In response, Council Member Willis explained that a presentation on same will be held
at the March 18, 2025 regular meeting by the Space Coast Transportation Planning
Organization, FDOT and himself.
Ms. Kim Rezanka, attorney representing Waves Developments LLC, acknowledged the
presence of Mr. "Mishkel" Oshri Gal, the applicant and distributed the following
documents; copies of which are filed with the supplemental papers to the minutes of
this meeting:
-a rendering of the four colored phases,
-the December 5, 2024 amended and restated port of call facility development
agreement with Waves Developments;
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 4 of 10
-a screenshot of the outside color change,
-phase three of the site plan, and the 65-foot height, and
-the January 14, 2025 email documenting discussions among Messrs. Garganese,
Todd Morely, former city manager, and Ms. Soat that the timeframes had
changed in the restated development agreement
Ms. Rasinka pointed out staff's January 15, 2025 staff report regarding phases I and 11,
(noting that the review of all phases were originally submitted by the applicant to the
CAB -with the site plan provided on 2018 and approved in 2019); referred to the CAB's
actions to postpone, at the applicant's request, as an agreement could not be reached
where the issue in question would not be considered before the February 19, 2025 CAB
meeting --and reiterated the request that the city council direct staff to allow all four
phases of the unified project with the restated development agreement to proceed
simultaneously before the CAB's March 2025 meeting for review and that the city
council provide a statement that the approval is vested and all permits pulled in
accordance with the city's code.
After discussion, Mr. Garganese acknowledged the unified project as four phases;
relayed staff's concerns that the language in the agreement has additional phases 11,
111, and IV, and recalled the council's previous approval of the development agreement
for phases Ill and IV extending it for another 24 or more years which can be handled
concurrently;
Additionally, Mr. Garganese pointed out the provision in the agreement requiring the
applicant to follow the code requirements; noted the CAB's approval valid for one year
unless an extension is granted for good cause where the agreement refers to phases 11,
111 and IV -the site plan and architectural renderings -and described applicant's
requirements after approval where he believes it is the council's decision to grant what
is appropriate, if the applicant wants to propose an amendment to the agreement.
Following much discussion, a motion was made by Council Member Jackson and
seconded by Mayor Pro Tern Kellum that the city council accept the city attorney's
recommendation to extend the development agreement 12-month limitation agreeing
to the full phases of the architectural renderings initially (including building heights) allowing
them to remain in place, subject to the Community Appearance Board's approval; direct staff
to expeditiously work with the applicant to submit the application for the four phases and for
the applicant to comply with the phasing schedule as an addendum to the development
agreement to be executed by the city manager to be considered before the CAB at its next
meeting, and submit a copy of the document in question to the city council members
individually by electronic mail.
Dr. Shannon Roberts, City of Cape Canaveral resident, addressed the following:
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 5 of 10
-that the Coffee with the City Manager event be continued;
-the timeline to restore the street (solar) lights on North Atlantic (west side of
A 1A and Shorewood Drive intersection);
-who to contact to take action on the American with Disabilities Act's concerns
relating to curb cuts, building accessibility, and parking;
-the difficulty in hearing previous and this day's proceedings in the council
chambers, and
-the notification to and input from the citizens on major projects considered
before the council.
In response, Mr. Deleo reported on the city's transition and the plan to continue
holding Coffee with the City Manager events; the city clerk and IT currently addressing
the acoustic problems in the chambers, and the identification of dedicated funds
allocated to pay for malfunctioning street lights to which Mayor Morrison suggested
addressing the issue at the next council meeting.
CONSENT AGENDA
The city council considered its action on the following consent agenda items:
1. the approval of the January 21, 2025 regular meeting minutes;
2. the adoption of Resolution No. 2025-01
Resolution 2025-01 amending Appendix B, Schedule of Fees of the
City Code; providing for repeal of prior inconsistent resolutions,
incorporation into the City Code of Ordinances, severability, and
an effective date.
3. the adoption of Resolution No. 2025-02
Resolution 2025-02 urging the Florida State Legislature to enact
legislation to provide a public records exemption for municipal
clerks and employees who perform municipal elections work or
have any part in code enforcement functions of a city; providing
for the repeal of prior inconsistent resolutions, severability and an
effective date.
4 the adoption of Resolution No. 2025-03
Resolution 2025-03 appointing a Member 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. (Carolyn Cerbin)
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 6 of 10
5. the adoption of Resolution No. 2025-04
Resolution 2025-04 appointing a Member to the Community
Appearance Board of the City of Cape Canaveral; providing for the
repeal of prior inconsistent resolutions, severability and an effective
date. (Elana Whitehead)
6. the acceptance of the Annual Audited Financial Statements and Independent
Auditor's Report for the Fiscal Year ended September 30, 2024.
7. the appointment of Resilience Planning and Services Manager Abigail Holmes as
the City's voting representative on the Space Coast Transportation Planning
Organization's Technical Advisory Committee for the remainder of Calendar Year
2025.
8. the approval of a proposal from Applied Ecology Inc. in the amount of $45,370.89
for engineering services for the replacement of 150' of corroded metal stormwater
pipe in the Harbor Heights subdivision and authorize Interim City Manager to
execute same.
9. the approval of a proposal from Applied Ecology Inc. in the amount of $27,364.72
for a feasibility study for the Long Point Stormwater Retention Pond and authorize
Interim City Manager to execute same.
At Council Member Jackson's request, Item 3, Resolution No. 2025-02 was pulled from
the agenda for discussion.
At Mayor Morrison's request, Item 2, Resolution No. 2025-01 was pulled from the agenda
for discussion.
A motion was made by Council Member Kellum and seconded by Council Member
Willis that the city council approve Consent Agenda Items 1, 4, 5, 6, 7, 8, and 9 as
previously cited.
Mayor Morrison called for a roll call vote on the motion and declared it carried
unanimously.
2. Resolution No. 2025-01
The city council considered its action to adopt the aforementioned Resolution
2025-01.
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 7 of 10
After much discussion, a motion was made by Council Member Kellum and
seconded by Council Member Davis that the city council adopt Resolution
2025-01 as previously cited.
Mayor Morrison called for a roll call vote on the motion and declared it
carried unanimously.
3. Resolution No. 2025-02
The city council considered its action to adopt the aforementioned Resolution No.
2025-02.
Following much discussion and by unanimous consent the city council accepted
the city attorney's suggestion to amend the provision in previously cited
Resolution 2025-02 under Section 2. to reflect ... provide a public records
exemption under 119.071 . Florida Statutes for the p ersonal in fo rmation o f
municipal clerks and employees . . . .
Subsequent to further discussion, a motion was made by Council Member Willis
and seconded by Council Member Davis that the city council adopt the
previously cited Resolution 2025-02 as amended to reflect a public records
exemption under section 119.071, Florida Statutes for the personal
information of municipal clerks and employees . . . .
After discussion, Mayor Morrison called for a roll call vote on the motion and
declared it carried unanimously.
By unanimous consent, Mayor Morrison acknowledged the approval of the consent
agenda items as previously cited.
Upon Mayor Morrison's request and by unanimous consent, the city council recessed
its meeting at 7:44 p.m. and reconvened at 7:55 p.m.
By unanimous consent and upon Mayor Morrison 's request, the city council agreed to
open public participation at this time.
Mr. Patrick Campbell, City of Cape Canaveral resident, referred to the senate bill
providing a public records exemption for municipal clerks. He commended
Mr. Garganese on his explanation regarding the Waves Development and noted the
manner in which it was presented before the city council; voiced his concurrence with
Dr. Shannon's comments on public participation and expressed concerns on the
security lights on east central.
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 8 of 10
By unanimous consent, Mayor Morrison closed public participation at this time.
ITEMS FOR ACTION
10. Interim City Manager Pay Adjustment.
After Mayor Morrison referred to Ms. Harmon's January 31, 2025 email regarding
the interim city manager pay adjustment, she referred to the personnel rules and
regulations subsection 7.03.5., temporary acting promotion, compensation ... five
percent and the Charter, Article 111, city manager. A copy of the email is filed with
the supplemental papers to the minutes of this meeting.
Following much discussion and in recognizing that the regulations do not address
the promotion to an interim city manager position, Mr. Garganese voiced his
concurrence to the five percent compensation and recognized that the salary
would need to be approved by the city council.
After discussion and in recognizing the expiration of the term as interim city
manager, which ends at this evening's meeting, Mr. Deleo read into the record a
message to the city councilmembers extending his gratitude to serve as interim
and his desire to step back from the role to refocus on his primary responsibilities
as administrative/financial services director; a copy of the statement is filed with
the supplemental papers to the minutes of this meeting .
Subsequent to further deliberations, Mr. Deleo voiced willingness to take on the
position at 18 percent--retroactive from January 29, to April 15, 2025 --with the
city council's approval.
After extensive discussions, a motion was made by Council Member Davis that the
city council accept extending the interim city manager position to Mr. John Deleo
from January 29, to April 15, 2025 at a compensation rate of 18 percent.
Later in the meeting and subsequent to further deliberations the city council, by
unanimous consent, accepted the city attorney's request to take this evening's
agenda items out of order and consider Item 10, Interim City Manager Pay
Adjustment and Item 13, New City Manager Appointment Discussion together with
the two proposals (Colin Baenziger & Associates and Slavin Management
Consultants, external recruiting firms) submitted by the city attorney.
ITEM FOR DISCUSSION
13. Discussion on Appointing a New City Manager
Mayor Morison discussed appointing a new city manager; outlined the hiring
framework and referred to the external recruiting firms' proposals; namely, Colin
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 9 of 10
Baenziger & Associates and Slavin Management Consultants, provided by
Mr. Garganese.
Following some discussion and by unanimous consent, the city council
accepted utilizing an outside recruiting firm to solicit city manager
candidates; agreed to review the proposals submitted by Slavin Management
Consultants and Colin Baenziger and Associates, and the city attorney
accepted the council's request to obtain a proposal from Strategic
Government Resources for consideration at a future meeting.
After discussion, a motion was made by Council Member Willis and seconded
by Council Member Davis that the city council schedule holding a special
council meeting on February 26, 2025 at 6:00 p.m. to consider the recruitment
and selection of an executive search firm for the city manager p.osition.
Subsequent to further discussion, Mayor Morrison called for a roll call vote on
the motion and declared it carried unanimously.
After much discussion, Mayor Morrison recognized the motion proffered
earlier at this evening's meeting which was restated by Council Member Davis
and seconded by Council Member Willis that the city council accept extending
the interim city manager position to Mr. John Deleo from January 29 to
April 15, 2025 at a compensation rate of 18 percent.
Mayor Morrison called for a roll call vote on the motion and declared it
carried unanimously.
ITEM FOR ACTION
11. Interim City Manager Appointment
Following much discussion and earlier in the meeting, Mr. Garganese agreed in the
affirmative to Mayor Morrison's suggestion to provide an interim city manager
contract for the city council's consideration.
After Dr. Roberts requested that the council re-evaluate the written proposals with
the presenters present at the special meeting, the selection process, and the
selection made and the lessons learned, Mayor Morrison welcomed her comments
and agreed for her to meet with Ms. Harmon.
Mr. Mayberry indicated that if Mr. Deleo chooses to step back in his role an interim
city manager, especially beyond the April 15 2025 date, he gave reasons why he
would recommend the name of Parks, Recreation and Community Affairs Director
Molly Thomas who is interested to apply.
City of Cape Canaveral, Florida
City Council Regular Meeting · February 18, 2025
Minutes · Page 10 of 10
After discussion, Ms. Soat, in concurring with Mr. Mayberry's comments, addressed
the importance of attrition.
By unanimous consent, Mayor Morrison closed the public participation.
By unanimous consent, Mayor Morrison took the following item out of order.
ITEM FOR DISCUSSION
12. Public Records Discussion
Council Member Jackson addressed her desire to postpone the public records
discussion to a future meeting.
Mayor Morrison addressed concerns with the Laserfiche® software program and
voiced the need for improvements.
After Council Member Davis questioned the status of the public records requested
at the January 21, 2025 regular meeting to be fulfilled by February 22, 2025, Council
Member Jackson and Mayor Morrison addressed the intent to provide same at a
later date.
Following further discussion, the city council addressed procedures in submitting
documents prior to the council's meeting for consideration.
INFORMATIONAL.
14. a. Monthly Financial Report -December 2024.
The December 2024 monthly financial report was not addressed at this time.
b. Coffee with a Cop Event
Council Member Willis distributed the Coffee with the Cop event to take
place at 9:00 a.m. on March 7, 2025.
ADJOURNMENT
After further discussion, the meeting adjourned at 10:18 p.m.
Esther Coulson, City Clerk, MMC