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HomeMy WebLinkAboutcocc_cc_reg_mtg_minutes_061725CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday, June 17, 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 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 Public Works Services Director Public Works Services Deputy Director Capital Projects Director Capital Projects Coordinator Brevard County Sheriff's Office (BCSO) Commander BCSO Lieutenant Cheddi Henry 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 Duncan Grant Molly Thomas John Mayberry Tamsin Bell Zachary Eichholz June Clark Jessica Erdman Tim Carlisle Laura Cullifer Bryon Keck Wendy Wheeler Records Management Specialist Esther Coulson Mr. Garganese led in reciting the Pledge of Allegiance to the flag. 3. ROLL CALL After Mayor Morrison requested that the city clerk call the roll, he declared the quorum present. City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 2025 Minutes -Page 2 of 8 4. APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS A motion was made by Council Member Willis and seconded by Council Member Davis that the city council approve this evening's regular agenda as written. After discussion, Council Member Willis withdrew the motion on the floor from consideration, agreed to by the seconder. A motion was made by Council Member Willis and seconded by Council Member Davis that the city council approve this evening's supplemental agenda with the additional item as written. After further discussion, Mayor Morrison cited reasons to not support accepting the supplemental agenda with the additional item on the discussion to include John Deleo to the interview schedule. Following much discussion, Mayor Morrison called for a roll call vote on the motion with the city council voting as follows: Council Member Davis Council Member Jackson Mayor Pro Tern Kellum Mayor Morrison Council Member Willis For Against Against Against For Mayor Morrison declared the motion failed to carry on a two to three (2-3) vote. A motion was made by Council Member Jackson and seconded by Mayor Pro Tem Kellum that the city council approve the regular agenda as written. Mayor Morrison called for a roll call vote on the motion with the city council voting as follows: Council Member Davis Council Member Jackson Mayor Pro Tern Kellum Mayor Morrison Council Member Willis Against For For For Against Mayor Morrison declared the motion carried on a three to two (3-2) vote. City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 2025 Minutes • Page 3 of 8 5. PRESENTATIONS/INTERVIEWS a. Aging Matters in Brevard Proclamation On behalf of the city council, Mayor Morrison and Mayor Pro Tern Kellum presented a proclamation recognizing and commending Aging Matters in Brevard for 60 years of distinguished service to the citizens of Brevard County and congratulating the Board of Directors and leadership team for a job well done. Mr. Tom Kammerdener, Aging Matters in Brevard, accepted the proclamation with gratitude; read into the record an historical overview of the agency's services provided in the county with the launching of the 2025-2085 CHAMPIONS Initiative and Campaign Event to be held on July 1, 2025, and relayed the request for the city's continued support on Aging Matters in Brevard County's ongoing services for homebound seniors and the forthcoming renewal of the Older Americans Act. b. Library Activities Report Presentation by the Cape Canaveral Public Library Director providing the City Council with an annual report on Library activities, metrics and needs. Mr. John J. Russell, Library Director, Cocoa Beach/Cape Canaveral Public Libraries, acknowledged the presence of Ms. Tina Chalfant, Cape Canaveral Library Head Librarian; expressed gratitude to the city council for its continued support over the years and outlined the funds provided to the county as a result. They gave a power point presentation showing annual statistics from the expended funds towards various programs, services and community support which meets the library patrons' needs of all ages and relayed the recommendation requesting a proposed increased amount of $31,200 for FY 2025-26. The city council thanked Ms. Chalfant and Mr. Russell for the continued support. 6. PUBLIC PARTICIPATION Mr. John Benton, City of Cape Canaveral resident, reiterated his requests for a code reduction hearing. By unanimous consent Mayor Morrison closed public participation. By unanimous consent and upon Mayor Morrison's suggestion, the city council recessed its meeting at 7:40 p.m. and reconvened at 7:51 p.m. City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 2025 Minutes • Page 4 of 8 7. CONSENT AGENDA The city council considered its action to approve the following consent agenda items: Approval of Meeting Minutes May 20, 2025 Regular Meeting A motion was made by Council Member Willis and seconded by Council Member Jackson that the city council approve consent agenda item as previously cited, April 17, 2025 Regular Meeting minutes as corrected. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. 8. ITEMS FOR ACTION a. Stormwater Infrastructure Proposal -Engineering Services -Applied Ecology Inc. A motion was made by Council Member Jackson and seconded by Council Member Davis that the city council considered its action to approve a proposal from Applied Ecology Inc. in the amount of $99,320.74 for engineering services for the implementation of stormwater infrastructure along Magnolia and Orange Avenues and authorize Interim City Manager to execute the same. After extensive discussions, Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. b. Thurm Boulevard Streetscape Project Proposal -Engineering Services-Mead & Hunt Inc. A motion was made by Council Member Willis and seconded by Council Member Davis that the city council approve the proposal from Mead & Hunt Inc. in the amount of $101,741.00 for design and engineering services for Thurm Boulevard Streetscape Project and authorize the Interim City Manager the same. Following lengthy discussions, Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. c. Independent Auditor Contract Renewal and Engagement Letter -James Moore & Co., P.L. A motion was made by Mayor Pro Tern Kellum and seconded by Council Member Willis that the city council approve the renewal of a contract with James Moore & Co., P.L. as Independent Auditor and authorize execution of their engagement letter. City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 2025 Minutes· Page 5 of 8 After Mayor Morrison gave reasons for recommending that the city council not approve extending the contract but allow the new city manager to have the opportunity to deal with procuring the audit services to include automatic renewal periods, Mr. Deleo noted the deadline for same already expired. Following extensive discussions, the city council accepted Mr. Garganese's recommendation to approve the subject retainer agreement, as presented, with modifications to include a clause to terminate for convenience (which would add the five-year or one year pricing schedule) and change the provisions on the general terms and conditions. Mayor Morrison recognized the motion on the floor to approve the contract as written and Mr. Garganese's recommendation as previously cited and called for a roll call vote on the motion and declared it carried unanimously. By unanimous consent, Mayor Morrison opened the public hearings at this evening's meeting. PUBLIC HEARING d. Second Reading and Public Hearing-Ordinance 2025-02-Animal Control It now being the time advertised to hold a public hearing to consider the enactment of Ordinance 2025-02 and after Mr. Garganese read into the record the following title, 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, SEVERABILITV, AND AN EFFECTIVE DATE. (Second reading will be held on June 17, 2025.) In response to the question posed by Dr. Shannon Roberts, City of Cape Canaveral resident, Mr. Garganese referred to the violations addressed in Brevard County Code of Ordinances (Section 14-60, public parks and beaches) and the subject city's code of ordinances, animals prohibited in parks and on beaches; thus, the increases the fines. With respect to Dr. Roberts remarks on the magnitude of the injuries that would incur, Mr. Garganese referred to the county's regulations and process relating to dangerous dogs declaration; he pointed out his June 17, 2025 email regarding the city council's request for the summary of The Pam Rock Act (Senate Bill 572 City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 2025 Minutes· Page 6 of 8 relating to dangerous dogs enacted by the Florida Legislature) which does not pertain to the subject ordinance, where the civil penalty was doubled making it mandatory to confiscate dangerous dogs based on injuries it could have caused, and which is administered by the county who may consider increasing the fine in the code which is more stringent. (Copies of the documents are filed with the supplemental papers to the minutes of this meeting. Council Member Willis conveyed the suggestion he made with Lieutenant Wheeler to incorporate the county's Citizens on Patrol program to patrol and observe activities on the beach jointly with BCSO to which Commander Keck confirmed the incorporation of same. He identified the recent implementation of posted signs prohibiting dogs on the beach access points which are being enforced; relayed communications with the county who agreed to make signage improvements at Cherie Down Neighborhood Beach Park's boardwalk upon request from the city, and reported on additional citations issued after-the-fact after investigations were complete for attack which caused injuries. A motion was made by Mayor Pro Tern Kellum and seconded by Council Member Willis that the city council enact Ordinance 02-2025, as previously cited, to become effective immediately as provided by law. After discussion and after Dr. Roberts reiterated Commander Keck's request, upon Mayor Morrison's suggestion, the city council, by unanimous consent, directed the interim city manager to submit a request to Brevard County Parks and Recreation Department to erect signage at Cherie Down Neighborhood Beach Park prohibiting dogs on the beach. By unanimous consent, Mayor Morrison closed the public hearing. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. e. Second Reading and Public Hearing-Ordinance 03-2025 Specimen Tree It now being the time advertised to hold a public hearing to consider the enactment of Ordinance 03-2025 and after Mr. Garganese read into the record the following title, 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 City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 2025 Minutes • Page 7 of 8 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. (Second reading will be held on June 17, 2025.) After considerable discussion, Dr. Roberts mentioned that desirable is subjective and timing in reviewing same for preservation. She complimented Mr. Tim Davis, City Arborist, on advising the community on the upkeep of the dunes. There being no one from the public and by unanimous consent, Mayor Morrison closed the public hearing. A motion was made by Mayor Pro Tem 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 There were no items for discussion. 10. REPORTS City Manager Candidates' Interview Process At the interim city manager's request and after considerable discussion, the city council, by unanimous consent accepted staff's recommendations to provide Colin Baenziger and Associates with the following: -staff would arrange with a local area hotel or the city manager candidates would provide preference for their own hotel accommodations to be reimbursed at a later date; -the US General Services Administration's per diem rates for daily lodging, meals and incidental expenses and per diem for travel (rental car, airline and per mileage) to reimburse the candidates, and -the city council's approval at its June 12, 2025 special meeting to conduct a city tour and hold city manager interviews and a special meeting on Thursday, June 26 and Friday, June 27, 2025 respectively. It being 10:00 p.m., a motion was made by Council Member Willis and seconded by Mayor Pro Tern Kellum that the city council suspend its rules under the city's code, subsection 2-69, adjournment, to extend this evening's proceedings until 10:10 p.m. City of Cape Canaveral, Florida City Council Regular Meeting -June 17, 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 The meeting adjourned at 10:10 p.m. Esther Coulson, City Clerk, MMC Wes Morrison, Mayor