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HomeMy WebLinkAboutcocc_cc_reg_mtg_minutes_052025CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday, May 20, 2025 6:00 p.m. MINUTES Council Members Present: Kim Davis Council Member Council Member Mayor Pro Tern Mayor Council Member Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Attorney Interim City Manager/ Administrative/Financial Services (AFS) Director Interim AFS Director/Finance Manager AFS IT Manager AFS IT Support Specialist Parks, Recreation and Community Affairs (PRCA) Director PRCA Deputy Director and Projects and Events Manager Community and Economic Development (C+ED) Director C+ED Chief Resilience Manager C+ED Resilience Planning and Services Manager Public Works Services Director Public Works Services Deputy Director Capital Projects Director Brevard County Sheriff's Office (BSO) Commander BSO Lieutenant City Clerk 1. CALL TO ORDER Mayor Morrison called the meeting to order at 6:01 p.m. 2. PLEDGE OF ALLEGIANCE Anthony Garganese John Deleo Cheryl Puleo Michael Schaffer Duncan Grant Molly Thomas John Mayberry Tamsin Bell Zachary Eichholz Abigail Holmes June Clark Jessica Erdman Tim Carlisle Bryon Keck Wendy Wheeler Esther Coulson Council Member Jackson led in reciting the Pledge of Allegiance to the flag. 3. ROLL CALL Mayor Morrison requested that the city clerk call the roll where a quorum was present. 4. APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS A motion was made by Mayor Pro Tem Kellum and seconded by Council Member Willis that the city council approve this evening's regular agenda as written. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes · Page 2 of 8 5. PRESENTATIONS/INTERVIEWS a. National Poppy Day Proclamation -May 23, 2025 On behalf of the city council, Mayor Pro Tern Kellum gave a presentation declaring the week of May 21 to May 26, 2025 as National Poppy Days in the City of Cape Canaveral, encouraging the citizens of Cape Canaveral to wear a poppy before Memorial Day as a symbol of the sacrifices our military has made and inviting citizens to attend the events planned for this occasion. Mayor Morrison read into the record a proclamation declaring May 23, 2025 as National Poppy Day in the City of Cape Canaveral and encouraged citizens and visitors to wear a poppy as symbol of support and gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. The proclamation was presented to Mses. Mary C. Fish and Lee Vicidomini, American Legion Challenger Auxiliary Unit, who gave a historical perspective of the poppy, invited the public to attend the Memorial Day Services at 10:00 a.m. on Monday, May 26, 2025 at Veterans Memorial Park and accepted the proclamation with appreciation. b. Municipal Clerks' Week -May 4 to 10, 2025 On behalf of the city council, Mayor Morrison read into the record a proclamation declaring the week of May 4 to May 10, 2025 as Municipal Clerks' Week in the City of Cape Canaveral and extended appreciation to Ms. Coulson and to all municipal clerks for the vital services they perform and their exemplary dedication to the communities they represent. Ms. Coulson accepted the proclamation with gratitude. c. New City Staff Introduction Mr. Deleo recognized the presence of Ms. Tamsin Bell, Community and Economic Development Director, and Mr. Cheddi Henry, Records Management Specialist, City Clerk's Office at this evening's meeting and mentioned Messrs. Craig Brown, Program and Facilities Assistant, PRCA, and Paul Derr, Recreation Leader, PRCA who were not present. 6. PUBLIC PARTICIPATION Mr. Ken McCork, City of Cape Canaveral resident, shared previous encounters he had regarding an alleged dog attack on the beach. Mr. Brad Pervell, City of Cape Canaveral resident, referred to the May 15, 2025 city council workshop regarding the capital improvement project (CIP); recalled discussions to include a line item in the proposed FY 2025 -26 budget to fund property maintenance before erecting new buildings, and stressed the need to upgrade and repair Sandpiper Park. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes· Page 3 of 8 Mr. John Benton, City of Cape Canaveral resident, expressed concerns why he cannot have a Code Reduction Hearing he asked for over the years and addressed the inability for him to defend himself relating to code enforcement issues. On behalf of Ms. Michelle Haste, Forsythe Villas Homeowners' Association President, Mr. Rick Weiss, City of Cape Canaveral (Forsythe Villas) resident, addressed previous attempts to work with the city and the Port of Cape Canaveral on the ever-increasing big mound and questioned the timeline for the barrier wall and the erection of landscape. After Mr. Deleo, in response, addressed his intent to follow-up on the issue, Council Member Willis recollected the city council's earlier discussions with former City Manager Todd Morley and the previous CED Director Brianna Soat on plans to situate barriers, for an aggregate company to erect trees to block the view, and the intent to place sensors to which Ms. Bell indicated that staff is monitoring same. By unanimous consent and upon Mayor Morrison's suggestion, the city council recessed its meeting at 7:44 p.m. and reconvened at 8:00 p.m. 7. CONSENT AGENDA The city council considered its action to approve the following consent agenda items: a. Approval of Meeting Minutes i. January 28, 2025 Special Meeting (Postponed from February 21, March 18, and April 17, 2025) ii. April 17, 2025 Regular Meeting b. Verbatim Excerpt Accept and file the January 28, 2025 special meeting verbatim excerpt. (Postponed from April 17, 2025.) By unanimous consent, the city council accepted Mayor Morrison's request to pull item 7.a.i. on this evening's agenda from consideration. A motion was made by Council Member Willis and seconded by Mayor Pro Tern Kellum that the city council approve consent agenda item 7.a. ii., April 17, 2025 Regular Meeting minutes. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. After much discussion and following Mr. Garganese' explanation of significant corrective changes he addressed on page three of the proposed January 28, 2025 special meeting minutes, a motion was made by Council Member Willis and seconded by Council Member Jackson that the city council approve Item 7.a.i. January 28, 2025 Special Meeting Minutes and 7.b., January 28, 2025 Special Meeting verbatim excerpt as amended. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes · Page 4 of 8 Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. 8. ITEMS FOR ACTION a. Resolution 2025-06 CLSB Member -James Stobie The city council considered its action to adopt Resolution 2025-06 the substance of which is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mr. Pervell, CLSB member, referred to Mr. Stobie, as an alternate, and gave reasons why he believes he would be a great addition to the board. A motion was made by Council Member Willis and seconded by Council Member Davis that the city council adopt Resolution 2025-06 as previously cited. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. b. (Interim) City Manager Employment Agreement The city council considered its action to approve the interim city manager's employment agreement. Mr. Garganese gave an overview of the current interim city manager's employment agreement which is due to expire; relayed Mr. Deleo's request proposing an adjustment in the annual salary pro-rated monthly and a change to the extension term to September 1, 2025, dependent upon the city council's acceptance of a permanent city manager position currently recruited by Colin Baenziger and Associates, retained by the city. Mr. Deleo submitted for the record his written communication to the city council regarding his role as the interim city manager; a copy of which is filed with the supplemental papers to the minutes of this meeting. After commending Mr. Deleo on his accomplishments, he described the plan to promote AFS Senior Accountant Joey Blacker on February 5, 2026 as Deputy Finance Director and announced the pursuit of recruiting a deputy city clerk . Following some discussion, a motion was made by Council Member Jackson and seconded by Council Member Davis that the city council approve the addendum interim city manager employment agreement. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes · Page 5 of 8 Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. c. Kayak/Paddleboard Eco-Tours, Lessons and Rentals Contract -AlA Management LLC (dba AlA Beach Rentals) The city council considered its action to approve staff's recommendation to award a contract for Commercial Recreational Franchise for prov1s1on of kayak/paddleboard eco-tours, lessons and rentals to AlA Management LLC (dba: AlA Beach Rentals) at Banana River Park and Washington Avenue beach crossover; and authorize the Interim City Manager to execute an agreement for the same. After Ms. Thomas gave an historical overview of the kayak paddle board eco-tours, Mr. Mark Mahan, AlA Management LLC, described the services provided over the years to the city. Following extensive discussions, Mr. Garganese cited code section 54-4, Commercial Solicitation, pointed out section 54-5, Commercial Beach Vendor Franchises, and section 54-6, Commercial Recreational Franchises, and gave an historical legislative overview on same. After he outlined the current prohibition of commercial solicitations on beach areas and parks, and parking access areas, he mentioned the city council's prerogative to amend same by removing the authorization of paddle boards and kayaks at the beach from the proposed agreement and keep it limited and require additional code revisions to expand services beyond said items in the form of the franchise . Subsequent further discussion, a motion was made by Council Member Willis and seconded by Council Member Davis that the city council approve staff's recommendations as previously cited. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. By unanimous consent, the city council accepted staff's recommendation authorizing staff to work with Council Member Jackson to pursue the next steps on recommending changes to the city's existing code (section 54-4, Commercial Solicitation, section 54-5, Commercial Beach Vendor Franchises, and section 54- 6, Commercial Recreational Franchises) with additional input from the Business and Economic Development and Culture Leisure Services Boards. Upon Mayor Morrison's suggestion, and by unanimous consent, the city council recessed its meeting at 8:17 p.m. and reconvened at 8:27 p.m. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes • Page 6 of 8 PUBLIC HEARINGS d. First Reading and Public Hearing -Ordinance 02-2025 Animal Control After Mr. Garganese read into the record the following title of proposed Ordinance 02-2025, the substance of which is as follows, Mayor Morrison called for interested parties to be heard: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 14, ANIMALS, ARTICLE I, IN GENERAL, AND ARTICLE II, COUNTY ANIMAL CONTROL ORDINANCE, OF THE CITY CODE RELATED TO FINES AND PENALTIES FOR ANIMAL CONTROL CODE VIOLATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. (Second reading will be held on June 17, 2025.) Messrs. Ken and Richard Sci bona and Ms. Mary Scibona, Brevard County residents, voiced concerns on large dogs, witnessed on separate occasions, that were off- lease at Manatee Sanctuary Park and the Madison Avenue Beach Crossover to access the beach; expressed problems with the contact information displayed on posted public signs No Dogs Allowed were impracticable, and questioned the ability to work with the county to increase the fines. Due to the November 14, 2024 alleged dog attack encountered by Ms. Scibona, Council Member Willis, in response to Mayor Morrison's suggestion to introduce community educational and awareness outreach programs and request that Commander Keck explore Brevard County Sheriff's Office (BCSO) Citizens' Patrol at the beach, addressed his willingness, prior to the second reading, to communicate with Brevard County Sheriff's Office (BCSO) Animal Control Services in Melbourne to assist. By unanimous consent, Mayor Morrison closed the public hearing. After Mr. Garganese addressed the ability for the city council to create its own penalty for animal control code violations; make adjustments to modify the codes and penalties by the second reading, Mayor Morrison recognized that a published online codification link to Brevard County's Code of Ordinances would subsequently be displayed on the city's website. Following extensive discussions, Mayor Morrison requested, prior to the next reading, that Mr. Garganese provide a summary report on the county's process relating to rate increase changes; staff provide options on available resources to educate the public through educational outreach, and request that Commander Keck or designee from animal control be invited to appear before the city council in this regard. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes · Page 7 of 8 A motion was made by Mayor Pro Tern Kellum and seconded by Council Member Willis that the city council approve Ordinance 02-2025 as previously cited. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. e. First Reading and Public Hearing -Ordinance 03-2025 Specimen Tree After Mr. Garganese read into the record the following title of proposed Ordinance 03-2025, the substance of which is as follows, Mayor Morrison called for interested parties to be heard: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINITION OF THE TERM "SPECIMEN TREE" IN SECTION 102-36 OF THE CITY CODE RELATED TO TREE PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. (Second reading will be held on June 17, 2025.) Ms. Holmes gave a background information on the subject proposed ordinance. There being no one from the public and by unanimous consent, Mayor Morrison closed the public hearing. A motion was made by Mayor Pro Tern Kellum and seconded by Council Member Davis that the city council approve Ordinance 03-2025 as previously cited. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. 9. ITEMS FOR DISCUSSION Wastewater Revenue Sufficiency Analysis Findings Discussion Mr. Deleo discussed the findings of the Wastewater Revenue Sufficiency Analysis requested by city council at its June 21, 2022 regular meeting and requested support of staff's recommendation to proceed with the 5.0% wastewater rate increase for FY 2025/26 as set forth in the 2022 Analysis. After discussion, Mr. Deleo agreed to report back with more information at a future meeting. 10. REPORTS Council Member Willis gave a report on the series of workshops on Right Moves (A Traffic Safety Series for Aging Road Users) in conjunction with Space Coast Transportation Planning Organization and the State Florida Department of Transportation District 5 to presented at the 2025 ~ Central Florida Safety Summit where the first series will be held on June 7, 2025 at the Community Center. City of Cape Canaveral, Florida City Council Regular Meeting -May 20, 2025 Minutes · Page 8 of 8 11. INFORMATIONAL Monthly Financial Report -April 2025 The monthly financial report for April 2025 was not addressed at this time. 12. ADJOURNMENT After further discussion, the meeting adjourned at 10:00 p.m. <:.. Esther Coulson, City Clerk, MMC Wes Morrison, Mayor