6:00 p.m. we are at the Cape Canaveral city council regular meeting located at the city hall council chambers 100 P Avenue I call this meeting to order and with that council member Davis would you please lead us in the
pledge of the United States of America to the rep for it stands one nation God indivisible with thank you Council staff and everyone here who's joining us today for a
meeting city clerk please call the role council member Davis here council member Jackson here mayor poam Kellum here mayor Morrison here and council member Willis here we have a quum
all are here this time we want to approve the agenda as written or are there any amendments to the agenda yes council member Davis yes I have a an email from the city clerk with
some exp yes I do have that that okay thank you very much also on that I made two changes to it as well and the two that I made was that we had the amount flipped so we had
115 defined for the concession stand which was actually 315 and 115 was actually for the tennis court so um city clerk corrected that also it had said that we had a
consensus for providing the records by tonight and there wasn't a consensus during that meeting so that was changed as well okay thank you yeah that that's on consent agenda if if we choose to pull it I know council member Davis was
was not but it might be a good idea just to briefly uh go through that when we get to it um thank youall for bringing that also uh Mr Mayor I think that I would like to pull the public records agenda item that I have uh remove it
remove it and I'll table it for a later meeting because of the fact that we have so much on the agenda that's very important with the city manager um hiring I don't want to take any time away from our meeting for that
discussion s at this time okay if we get to that we might just take no action on it and uh that is item number 12 yeah at a minimum doing at least that one last in the event we have extra time so okay
thank you council member Willis I would like to make a a request that anytime we submit a discussion item that we add I know you probably have some very good points you want to bring up but it would be helpful for the public and for the rest of the council to know exactly what
you're heading for what kind of problems there might be what questions you have or any concerns that you have or the public has so that uh we can be prepared as well uh and nothing comes as a surprise to anyone or anyone in the
audience okay I think that might be a discussion in itself and a good one to have um as far as the the order of the agenda um we talked about potentially removing one which was
item number 13 or I'm sorry item number 12 submitted by council member Jackson but for now I I think we can at least agree to take 13 first but if you want to remove it that that's fine I did have one comment on
public records but I I don't know if we'll have time so why don't we um we can move it to the end if you'd like and then if we run out of time I think that's
good are there any other changes to the agenda Council okay um I would like to well hearing none we can take a formal roll call vote sit
we're just approving the agenda with with the amendment to swap 12 and 13 that's fine okay I'll second got a motion by council member Davis a second by council member Jackson to to approve the agenda
as amended with moving 13 up to 12 and 12 down to 13 any further discussion city clerk is that clear okay please call the rooll council member Davis
four oh sorry council member Jackson for mayor proem Kellum for mayor Morrison for and council member Willis for it's unanimous okay app the agenda as is as amended passes
5 we are now on to the presentations and interviews portion of the meeting and the first one I have here is a proclamation declaring March 2025 as the
Irish American Heritage Month I'll go forward and read it and at the end if there's a representative here uh be happy to come forward take a photo if you'd like and give you an opportunity to say a few words so with that an official proclamation of the
City of Cape canaval Florida whereas by 1776 nearly 300,000 Irish Nationals had immigrated to the American colonies and played a crucial role in America's war for independence and whereas five signers of the Declaration of
Independence were Irish descent three signers were Irish born and at least 22 presidents of the United States have Pro proudly proclaimed their Irish American Heritage and whereas Irish born Commodore John Barry fought the last sea
battle of the American Revolution off the coast of Florida and was recognized by the United States Congress in September of 2ou 2002 as the first flag officer of the United States Navy and whereas the Irish first came to Spanish
La Florida in 1500s first as missionaries and mercenary soldiers and then as planners Traders businessmen doctors and administrators and three of the Spanish governors of La Florida were Irish Military Officers and whereas
Father Richard Arthur an Irish born priest from limmerick Who was appointed Parish priest for St Augustine in 1597 an ecclesiastical judge of La Florida established the first public school in America and opened it to both
boys and girls of all Races and whereas Irish Floridians can look back with pride on the legacy of their Irish forbearers who have contributed significantly to American Education business Sports engineering Medicine Science and the Arts and whereas Irish
Americans since American Inception have provided and contined to provide leadership and service to this nation's political business and religious establishments and whereas it is fitting and proper to celebrate the rich cultural heritage and the many valuable
contributions of Irish Americans now therefore I Wes Morrison mayor of the City of Cape Canaveral Bard County Florida do hereby Proclaim this month of March 2025 as Irish American Heritage Month signed and sealed this 18th day of February
2025 you is there someone here from no one's here s yes absolutely are you here to you are here great so on behalf of the Irish Catholic community and the Ancient Order of H Hibernians we'd like to off our heart
for gratitude for this Proclamation and also to the Community Support of our Irish American Heritage thank you very much very much [Applause] thank you very much if you to say more okay that was very nice thank you again
and we are now on to a presentation of award by AARP Florida believe we have associate state director Laura Streed recognizing the City of Cape canaval as a good member hi Laura good evening mayor Morrison and council
members thank you so much for having me here today my name is Laura Streed and I am a senior associate state director with AARP Florida and Lead our age-friendly work here across the state on behalf of ARP I'm here to acknowledge the City of Cape Canaveral in your
leadership and making your city an even better place for people to live and to age in Place Cape Canaveral is one of 48 age friendly communities across Florida Florida and nearly a thousand Nationwide and the age-friendly
community process represents a commitment to improving the environment in which we work live play and age today we are here to celebrate a milestone accomplishment the completion of a five-year cycle of joining the network
and progress in your community's age friendliness among your community's many accomplishments Cape Canaveral has aligned age-friendly effort with disaster preparedness resilience and environmental sustainability several
ongoing Transportation efforts such as complete streets to improve the bikeability and walkability and we also commend your efforts to make sustainable public spaces and ensure housing options remain resilient and we often talk at
ARP about the work that's happening here in Cape Canaveral uh the Innovative way that you have aligned your resiliency work work with an older adult Lind um is something that we have shared across Florida and hope to continue to share this great work with other communities
on behalf of ARP it has been such an honor and pleasure to work with Zach and Abby um in moving this work forward and their commitment to the people of Cape Canaveral uh being part of this process and H hitting this Milestone comes with a lot of opportunities for communities
to engage in um grants uh to show this commitment that you have for agef friendly uh right now ARP has a grant cycle that's currently open until March uh where we're helping really move some of this work forward across the state so I am so pleased to be here today and to
present this plaque to you and recognition for your work I'd love to get a photo uh with everyone um and thank you again for your support uh and for really thinking of older adults and all planning thank you Laura Council would you like to come forward and take a
photo than you [Music] good picture thank youcome so than you [Applause] very nice thank you again Laura and the
AARP team congrats to Cape Canaveral and all the city staff who been a part of making that possible okay so now we are at the uh presentation of the annual audited financial statements and
independent auditors report for the fiscal year ended September 30th 2024 presentation by Mr Michael Masano with James Moren company hello Michael the floor is yours good evening so yes I'm Mike Masano with
James Moren company um senior manager with the firm um wanted to start the presentation just by thanking uh John and his team uh the audit certainly requires a lot of effort and work on their end to get us all the necessary support um also being responsive to all
of our questions and inquiries um so they work very hard every year to uh make the audit process go about as smoothly as possible so I'm very thankful for him and his team um go to the next slide please um so this slide here is the gfoa
certificate of achievement um that the city was awarded for their fiscal year 23 oh uh yeah there you go uh fiscal year 23 audit um in order to be awarded this certificate ific there's additional items that are required to be included in the acfr um which the city did
satisfy um it's expected to be satisfied again in fiscal year 24 um so all good from that standpoint uh next slide please so the next slide is uh a summary of our general audit reports starting
with our main audit report um we did Issue an unmodified opinion which is the best possible opinion that we can issue essentially signifying a clean audit with no issues um the next report the internal control and compliance report um we noted no internal control or compliance
matters uh the 10550 auditor general report we did have two recommendations um related to the city's fund balance policy as well as reconciliation of account balances and then finally the independent accountants examination report um we noted the city was in
compliance with all specified investment statutes uh next slide um this slide here is going to be a breakdown of the general fund balance by category um you'll see here that there has been somewhat of a downward Trend over the
last four years in total fund balance um just to give an idea of sort of the breakdown um most of the committed fund balance is related to arpa funds about 1.9 million related in that line item um unassigned fund balance is down a bit uh from the prior year and we'll get into
that actually on the next slide for the gfoa recommendation um so you go to the next slide so here's a calculation of the gfoa minimum recommendation um taking unassigned and assigned uh fund balance as a proportion of expenditures and
transfers out so you see here that the city was above the minimum recommendation of 2 months so 18.6% was the calculated percentage um you'll note that the prior year percentage was 33.2% so uh was a bit of a decrease um
and while the city is in compliance um as of fiscal year 24 um kind of goes hand in hand with our recommendation to sort of reverse that downward Trend in future fiscal years um our next slide is going to be related to the Enterprise funds um
Wastewater and storm water you can see the last four years um unrestricted net position um pretty consistent growth in the last four years Wastewater pretty comparable to fiscal year 20 three um with a a pretty nice growth uh from
fiscal year 21 and then storm water up about 500k from the prior year um also with a a trending upward uh growth in net position um and just some other highlights to touch on so we do issue a separate audit for the CRA uh we noted
no issues or findings related to that report uh revenue for the CRA was over 2.6 million um which was significantly increased from the prior year about 2 million in in fiscal year 23 um and 1.2 million in the fund
balance for the CRA um also a very significant increase from the prior year where there was a deficit in the fund balance related to arpa as I mentioned earlier um 1.9 million remaining in that committed fund balance line item for the
arpa funds so that's been spent down uh progressively over the last couple years um and as a fiscal year 24 1.9 million related there um and then related to debt uh 456,000 approximately in current
year srf loan draw Downs 1.9 million in total current year debt principal repayments broken out uh by 1.4 million in repayments uh for governmental 539k for Wastewater um and the interest rates on that debt ranging from 0 to 2.05% so
extremely competitive uh low interest rates on all debt obligations of the city um so like I said just a general overview of everything but that pretty much covers everything I wanted to touch on um any questions or comments Council any questions for our Auditors thank you
Michael I have a comment John oh the council recognize the council I didn't see council member Davis last we went below what I can't think of the word back roll back thank you blow roll back is that
part of this do you think this is that's part of it so the reduction in net position I mean that's one of you know many combinations of how you kind of result in that calculation um we can't really recommend a specific way on how to sort of correct it going forward but in theory it's
either increasing revenues or reducing expenditures is how you would kind of reverse that negative Trend so um our recommendation is sort of just getting that Trend back in a in a positive direction so it's not an issue in future years of course inarm city manager John yes and
council member Davis that the uh finance department has a we're aware of this uh this trend and we will be uh I'll be holding meetings on the first week of March that has to do with capital projects wh which will uh influence in
the right direction uh exactly what Michael's talking about and then we'll be talking with Council about when it comes closer in June and July about millage and what have you and um it doesn't all have to be made up in one year but maybe in the next couple years
and we'll get right back on track uh the City of Cape canaval is very uh uh aggressive uh in terms of from other cities we do require our city policy 20% instead of 16.7 so uh you know we try to we try to make
sure we have extra reserves God forbid something bad happens in the city uh with that Michael I just want to thank you and uh James Moore for your fantastic support I just let the uh citizens know that this um audit team
when you need an answer on something they could be on the highway driveing whatever and they'll call you back in five minutes or they'll send you an email back I am just so pleased with this audit group and also I just want to recognize my finance team for
outstanding job Joey cheral Donna and Kelly so thank you Michael always a pleasure we appreciate everything you do for us likewise thank you thank you thank you as he's parting I will just say one of the things they shared
in the auditor meeting is how the City of Cape Canaveral uh gets uh their audits done much earlier than most cities which can be a challenge I guess four months after close the books on the fiscal year it's quite a Race So hats off to the entire City Finance team I
know that's a long effort yes thank you very [Applause] much enm city manager and finance director anything else at this time um I just want to before the meeting gets
going here obviously believe there's been some change in staff and some just wonderful things happening with City staff I know uh Brian's um our new community development director from uh
August but we've completely um in uh hired new staff downstairs almost almost completely probably seven new positions and I couldn't be happier with with the dedication and the quality of people now that we have coming in and I believe
Michael Perkins are you here Michael Perkins is our new code enforcement officer replacing Gerald who is who has replaced Brian Palmer who has left the city and um Michael will be focusing on vacation rental compliance and we look
forward to what this team could do going forward so thank you thank you welcome to the team all right so with that we are finished with this annual audited
financial statements from James Moren Co and reminded that we live on the Space Coast I think okay we have an interview for the applicant for the appointment to the business and economic development board is Carolyn seran
Carolyn you'd like come forward please hi Carolyn our City attorney is GNA ask you a few questions hi good evening I I have I have two questions for you the first is a formality all the information in your application is true and correct to the best of your knowledge yes okay
and please explain to the city council why you would like to uh serve on the bed board after I retired and after I became a widow um I decided I needed to be a little bit more involved in things and so I
am getting out there and getting more involved in things um I'm a the schools committee chairperson for the local D chapter I'm U part of the leadership team for our local girl scout um Citrus Council alumni group and I'd like to be
involved in the city as well i' we've had a place here since 2006 yes thank you very much Council in no particular order uh interview any questions for Miss Carolyn serban today
yes council member Willis welcome thank you um could you give me a little background on your history you say in your application you're retired what did you do prior uh I was a news editor and producer for 40 years um I also left
journalism for a while got my MBA and ran a um my own company over in Orlando it was a children's transportation company before before Uber and all that and um it was something that I needed my kids were in junior high and running to all kinds of activities and so I did
that for several years until the kids went off to college um I grew up in Witchita Kansas and I've worked and lived all over the country following my husband's career when when did you move to Cape canaval in 2006 2006 okay thank
you mayor P Tim Kellum yes hi hi welcome thank you um on your uh prior experiences you have um education commission is that like a school board position no that was with the city of
Germantown that's outside of Memphis when we lived in Memphis um and that was it was a city commission and we basically did things like teacher of the month student of the month those kinds of um those
kinds of awards Etc thank you and um you know our boards especially the business and economic development board is very important to what we do up here so I look forward to your input on on that
board and um and any good suggestions you have and things um that we can do to bring business into our city and and you know get us on the right path so thank you for stepping up and welcome well
thank you I appreciate that I'll do whatever I can whenever I can council member Jackson um welcome and thank you for stepping up to to be on one of our boards I wanted to ask you to give me a little more information on
your marketing MBA and how you might look at applying it towards our city well the marketing ba turned out to be um just a real blessing because I was not ever going to be a um Financial wiiz I don't think but
um it was a very difficult degree for me to get because I am a qualitative person not a quantitative person uh but I do have a pretty good grasp of marketing and I have always been very
good at marketing newspapers and TVs you know TV shows Etc um I think that Cape Canaveral has a really interesting Jos between what the tourists want and what the people who
live here want and finding things that reach out to both of those constituencies and without conflict is a really important job here and so I'm very interested in what how this community is going to evolve thank you very much I appreciate that and and once
again welcome thank thank you for applying yes just want to end by saying thank you Echo that the councils council member Davis I'm sorry go ahead I thank you I just want to say most of my questions were answered already and I think you have a great
background and I look forward to you working with us and that so welcome thank you I appreciate that thank you uh for your willingness to step forward it's one of the uh boards that sort of went active for a while when you go through the history
existed but wasn't meeting regularly and it's exciting now to see it I believe it'll be at full capacity with you and and look forward to seeing you put those uh perspectives to work on that balance between what
tourists are visitors a part of our vision um but the residents and and the the full-time uh property owners and tenants who who call Cape canaval home uh exciting time exciting place and again thank you you for being willing to
serve on the board thank you it was nice being here you so we will formally vote to appoint uh during the consent agenda but we have one more uh interview with an applicant
for the appointment to community appearance board Miss Elena Whitehead Elena welcome thank you I'm Elana Whitehead and I've been a resident of cape canava for 25 years and I intend to be here for another 25 hopefully um I
served on the board for the past six years and when my term expired I had hoped to automatically be reappointed but someone else had applied but then they were denied so
anyway I was asked to reapply so I did that and now I understand that we've had another member who has um has uh resigned from the board because she's moving away so I think the board is a little short staffed and I would love to resume my position on the
board I'd be happy to answer any questions thank you Elena first question or City attorney just one question um Miss W um the information in your application is true and correct to the best of your knowledge yes it is okay thank you I think you did a good job explaining why you would like to serve on the board so
mayor yes yes thank you Council any questions just like to say thank you for coming back and thank you for serving our boards that's you know all our boards are very important and um we're glad to have you that's my pleasure I just want to say thank you as
well you're welcome thank you anyone else I will say thank you as well and you've been a veteran how many years have you served on the board years six years six years yes and seen quite a few
projects and things that make our city uh more beautiful safer um I know that the roles of that board is crucial I appreciate you bringing to our attention I guess the vacancies now would take us to three but if you were
to fill it we would have two I think we'll have a quorum if I if I'm appointed yeah so okay thank you any other questions council member Willis no just we really appreciate you stepping and this is a great example of community
involvement thank you thank you okay with that we will go ahead and move into the public participation portion of the meeting thank you again to both the applicants and your willingness to serve got a few cards up here if you haven't
filled one out please take the time fill one out and we'll make sure you're heard those forms are out out front um as far as the online access do we know if we have that up and running right now my screen isn't showing
anything um it just might be a matter of of logging in which I would need think someone to provide access up here I do not have it if if the uh someone could help log in while we're going through we have some time but just trying to get ahead
of it log into this computer so that I could check uh with that the first card I have here with us today Tina Freeman Dina it says two items here uh I believe you know we got some stuff on the agenda
but you're ready to go now or ready I'm ready okay I'm Tina Freeman um I've owned here since 200 oh I'm sorry 1996 so um anyway two things I'd like to remark on um one we have seen how hard a
members of the city council have worked our mayor has put in the amount of hours that you all put in the many many meetings you attend workshops presentations responding to emergencies floods hurricanes dealing with residents
complaints this is a full-time job what we have seen and um residents that I have spoken to had no idea that um your pay is so ridiculous what it is and that this is designated a part-time job in
our city Charter um they were shocked to learn this so many of the residents and citizens have um commented that they would like to see the CH the city Charter um it needs to change and to make the mayor the mayor proem the city
council members a full-time position going forward the way the city has grown and the things that are going on here the amount of work that you all put in um you should be paid accordingly and we believe having this be a full-time position that it would benefit the
citizens the city Administration and we would all be better served if this were the case so in the meantime um we'd like to thank you all for all you do for all your tireless hard work your time your
efforts um on our behalf and um we hope that there's a change in in our city Charter um secondly I promised the um Bard County the outstanding Bard County sheriff's deputies um that I've talked
to they've raised this question um and they've asked if I would bring it before the council and the mayor and their question along with many of US citizens and residents and visitors what can we do to add flashing yellow signs and a
crosswalk on A1A in Cape Canaveral um like they have going all the way down A1A in Coco Beach Satellite Beach Indian Harbor Beach um we understand we have to work with the Florida Department of Transportation and fortunately we were
strong enough to um go against the roundabout they wanted to put in um which was not going to help us at all but um it's it's just ridiculous and it's um not working to ask residents to
ask visitors to walk 11 city blocks to use a crosswalk to cross A1A so between um Buchanan and International Drive no other traffic lights no other crosswalks that's 11 city blocks they have to walk
in order to cross safely um just in the past month we had a horrible accident right in front of the ice cream place the tasty twisty whatever Freeze ice cream place that is and we had a young girl who was severely injured she was
hit by a car and we're seeing more traffic more visitors um than ever before and our deputies are witnessing some of them you know these tragedies as a result of folks trying to cross A1A so thank you just having a sign one day a
month for Friday Fest is is not enough so we would like to see this city be safe walkable bikable just you know as our mission States and we really need that thank you thanks Mr Mayor yes council member Willis may I comment on that
absolutely there will be a presentation in March yes from fdot and myself and Space Coast Transportation organization progress has been made crosswalks yes ma'am yes ma'am okay
excellent thank you council member Alissa it's in March do you know the date yet it'll be the next council meeting in March the next council meeting thank you for that update okay next card here is ashri
Gul and I have also one from Kim Rena y Mr renka thank you mayor uh good evening mayor at members of city council my name is Kim renka I'm here on behalf of waves Development LLC uh with me is ashri Gall
better known as mosall I'm here before you uh to ask that you provide direction to City staff to require them to bring Mr G's uh waves District cab application all four phases to the cab for Ru um the
first page you have is the uh full color rendering of the four phases that we've discussed with the restated da uh this is a document that was submitted to the cab along with the next set of documents I gave you um which includes um an
outside color change to phase one which is the existing surf style in Zachary's and then the full phase three other phase 3es of the site plan plus the 65t height uh that was what was submitted Mr G submitted and I didn't give you all
the documents it's probably 50 pages of what was submitted to the cab I did show you the uh screenshot of what was submitted with this electronically to uh Miss so so we uh this was submitted the staff report that was scheduled for
January 15th of 2025 came back said they were only looking at Phase 1 and phase two despite the fact we had submitted for All Phase One through 4 and we uh had discussions with Mr Garg easy Mr
Morley at the time and miss so um and that is the next well I gave you the restated da just to refresh your recollection the site plans that are attached to that restated da are the exact same site plans that were submitted to cab that was our understanding this is Unified
project we were going to the cab just like we did in 2018 and approved in 2019 for the waves village all four phases were approved at one time so um I provided you the discussion that we'd had with Mr gargany um they believed
they being staff that the time frames had changed in the da with the restated da we do not believe they did all that was changed is was the phasing and um the length of time so and the actual phases themselves uh we came to you at
the restated da believing that the cab would be process as four four phases all at one time and so we're asking that you direct staff we we actually had to table it cuz we couldn't come to an agreement and that was January 15th of 2025 we thought we'd be on tomorrow's
cab we're not um we're here before you asking that you direct staff to allow all four phases of this of the project the waves District to go forward on the cab next month our position is the restated da did not change the cab
approval process that allowed all four phases to be approved also with that email it showed shows you what was submitted in 2018 and what was approved in 2019 for waves District uh we're requesting you direct staff to allow All Phases of the project to go to cab at
the same time also requesting you had two months Mr Ren I'm just going to pause right there could we um thank you uh does Mr Gul intend to speak as well or would that be would you
like to continue on behalf just for the sake of time yeah yes okay Council are we okay with that thank you please proceed I didn't realize it was beeping I was in my head uh we're requesting you allow staff to direct All Phases to go
to the cab at the same time that you had two months to the time frames under the restated da since the cab review has been delayed by the city's refusal to allow all four phases to go simultaneously and we're also requesting a statement from city council that the
cab approval for all four phases is best once a building permit is pulled that's how we read the code I understand that last one may be confusing and need more time but we are asking that all four phases as was submitted with the cab
application go to the cab for review thank you very much I'd like to uh just for the are there any other comments at this time that that's all I have I just um I provided you the documents that were
submitted the 20 18 documents the approval in 2019 the email correspondence I had with Mr gargany there was further followup he had requested we prepare an agenda item and amend the da we believe it was intent for this to be a unified project that
was proposed in the restated da and that was proposed to go to cab as it was done in 2018 thank you um I would like to comment on this Council uh just a moment I really do not want to uh take this
back up again I think we we took it up a few months back um as far as intent and uh be being clear I can speak for myself it I had no desire to treat it any differently than
the the application was the first time when all four phases went through so I did obviously see the changes but that was not one of them um and for the sake of time and and delay I think
uh it would be uh my request that it proceeds it does not need to come back to council um and have had an understanding that you know there's time limits uh Community appearance board has a role the
the designs and the approvals uh are sufficient for that for the phases all four and the building official has a separate role that some of the issues that I think that are a concern uh would would be
able to go in and address those later for a lot of the concerns so with that U those are my statements um and try to be as expedient as possible but Council any other comments on this Mr Mayor yes council
member Willis I share your view on that um I think we still need to follow the process with the cab and whatever groups might need to in time address the development but I still believe that we passed it for all four phases when we
picked it up the last time and I think it needs to move forward thank you thank you member Jackson I agree with uh both of you on the moving it forward it makes it's common sense to me that we would
get it before the cab board because the appearance isn't going to change from phase to phase and each one of these phases will have a a a site plan that will be submitted and permitting and all of those things those
are more separate but as far as the appearance of the entire project it makes sense to move forward with it he we we certainly wouldn't want one phase to look different than the next phase
you know so it makes sense to move them through the community appearance board to me because of that Common Sense type of situation where all of them are going to appear the same thank you council member Davis I don't have a problem with all four phases being approved I don't know if
our City attorney wants to say we is there anything to add to it with the attorney no we're okay with all four phases well there's there's no question it's a unified project and there are four phases that's not the issue the issue um the staff is very concerned and
the explicit language in the agreement does not specifically call out that all four phases of the cab process would be all going at once the agreement if you recall it has additional phases phases 2 3 4 the council approved the the
agreement couple about a month and a half ago to allow phases three and four frankly to go out possibly another 24 plus years so you know the way the agreement reads phase two and then following the certificate of occupancies
for issue for phase two then phase three and phase four the agreement specifically states that phases three and four can be um handled concurrently it doesn't mention anything about phases 2 3 4 cab be held concurrently in
addition if you the agreement says that that that the applicant agrees that they would follow the provisions of the code if you recall the cab approval is only good for one year okay okay so so in
addition the agreement calls for phases 2 3 and four there's a conjunctive it says site plan and Architectural renderings not just architectural renderings as we indicated to to the applicant we're more than happy to do whatever the council wants but the
agreement doesn't say what they say it says I think they're going to have a problem with the cab process because they want to push the construction and the site planning of phases three and four out rather extensively 10 20 years
possibly and the cab approval is only going to be good for 12 months unless an extension is granted for good cause okay you heard the attorney for the for for the applicant state that they want to have a vesting of the cab approvals
there's nothing in the code that vests the cab approval beyond the 12 months what is the 12- month provision in the cab code say that once they get the cab approval they're supposed to pull building
permits within 12 months so explain to me with a phase project where phases three and four can go out 10 20 plus years that they're committing to pull building permits for those phases okay so I
mean we we suggested and recommended that if they want to propose an amendment to the agreement we can amend the agreement but I frankly don't think it says what they what they think it says um you know it's council's decision you your community development director
is just frankly trying to follow the written words in the agreement that you all approved so she expressed concerns that's why the cab application got delayed in the manner that it did so you know you you give whatever Direction you
you think is appropriate thank you thank you mayor Tim Kellum um I don't have any I I just think that when we met a month or month and a half ago I thought that
we approved all the phases but now I understand it's a little bit different but what do we need to do to amend this or whatever we have to do to move it forward yeah I I'm the the way is to to not have to go back and
amend it would be my goal is that that it was a matter our community development director and City staff was applying what they believed uh was the process and it came back to a question of intent as far as the 12
months and pulling the building permits uh that first building permit when we approved it still has to be pulled within 12 months for that first phase and then that date everything that we
passed is dependent on this series of of tasks after that date to go back and to go through Community appearance board every time um just that is not how it was handled on
the first one uh and so my big issue was that why are we going to change it this time I think there are some things that our City attorney uh can help uh maybe address to clarify in these wherever
needed in the future I do not think it it's needed under the circumstances this has taken a long time for the applicant as well don't forget why we were here back in 2019 and it's been you know to to come back to the council again I
think is um for this project that we spent a lot of time looking at uh it does not make sense uh to me but no amendment is needed from from from what
I see to answer your question um but if we don't amend it then it's going to be based on what is written now unless it has an amendment to that it's going to be based and that wouldn't be we'd have to follow that and B board will have to follow that so we need to make if we're
going to change it we need to amend it other otherwise they're going to go by the first first uh agreement that we had yeah and I think it comes down to the interpretation of that
agreement if if if we want I I don't want to slow it down more than it's already been slowed down oh I agree if we want to bring back an affirming uh statement that Echoes what I believe represents the majority of the council I
think that's fine as long as it doesn't stop the next Community appearance board get in the way of that next opportunity which I think they've already passed so um mayor PM did you so do we Brianna do
you what do you recommend us to do to move this forward I mean do we have to somebody good evening honorable mayor and City Council Members Brianna so director of community and economic development
um the item should be agendized and discussed and then um a consensus directive given to the city manager but um the City attorney and I have discussed this at length and it's black and white just as he said
um I'm happy to to walk through the sentences with you all but um fully on board with what the City attorney has advice thank you I would like I mean I'm I like this project I'd like to see it move forward but I'm going to follow the city
attorney's advice yes council member Jackson um question for you City attorney could we on our side uh simply uh create an addendum document that we could add to
this that the client or our CI that's wanting to build could also sign off on saying that the Year date that is necessary to pull the permits after the approval for phases three and four could
be pushed out for this one project is that a possibility I mean the code doesn't specifically allow right to extend beyond that 12 month period so that if you wanted to follow the code the code would need to be changed with respect
to first of all it's a no one is contesting it's a great project just trying to follow the phasing schedule that's in the agreement if the I if they were willing frankly we could have had an
addendum presented to you tonight they were not willing to discuss an addendum if the council's inclined to allow four phases for the architectural renderings to go first MH then certainly the phasing
schedule could say that it doesn't say that now but but but we could modify that but the 12-month time period to pull a building permit that's a code that's a code requirement but we also
give variances on other code so I don't understand why for this project since um you know he's been waiting to get this going why we cannot as a council allow a variance on that and allow the year for
for phase two and give a longer period of time for phase three and a longer period of time for phase four that we could determine and put in writing and sign off on as C counil um in order for him to be able to
move forward because I think our like you know we have sat here and all of us agreed our intent was for him to be able to move forward with all of those phases knowing that that time line is way out there um knowing that he could come back
on phase three and four and make changes to what may needed on that down the road Road based on you know whether he's successful with um some of the rental units and that sort of thing which
frankly to me behooves the city because if the rental piece is not um you know something that he'd want to end up with more units in three and four we we might end up with more retail space which is needed in the city so to me working with
the entire project in a phase timeline like that we have to be a little bit flexible and I know we allow variances on other things our cities do we're pretty good about sticking our code from what I'm seeing but is that something that we
could allow a variance on those phase three and four I wouldn't call it a variance but um it would it would be unprecedented because I'm not off the top of my head aware of extending that 12-month time period for any other projects I'm talking about the
architectural rendering approv approval by the cab okay that part that aspect but if the council is inclined and I don't think staff disagrees if you want to authorize the architectural renderings for all four
well I say all four phases phase one's already built but they're going to be doing some modifications for all four at the same time then I would recommend an addendum to the agreement number one and number two if you want to take the unprecedented step
of allowing if the C assuming the cab approves all four at the same time M allowing that to continue as long as they comply with the phasing schedule for site planning so be it keep in mind though in
this particular case too because it hasn't been talked about it's more than architectural renderings they're also requesting Building height exception above the maximum height so they're requesting that as as well that height extension also goes to the cab in
conjunction with architectural renderings hasn't been mentioned I just want to make sure it's that that's mentioned so you know again I don't think staff would would be averse to allowing all four to go at the same time our
recommendation is that there be an addendum to the agreement so it's explicitly stated in writing because we don't think as written the agreement allows that so what is the um height variance that's
being requested to go above 65 ft above 45 50 there's a few different items but what I can add um it's more than just the numbers of oh a year or oh 24 years it's like you said intent the
intent of a sunset of a board approval of an item is because things change 20 years from now who knows what A1A will look like who knows what a board would find compatible who knows what the sea level will be um that's the intent of a sunsetting application or excuse me an
sunsetting approval so important to think about that when you know consequences of those actions and what that would look like thank you the next Community appearance board meeting do we have any idea when that would be roughly okay um
would it would be my recommendation if if if an ADD gend um Can can align with this intent and not slow down the council can we direct you to draft that agendum work with the parties
and uh as far as sure clarifying and I think if they have an issue with it uh obviously it would come back to the council I think uh if you want to authorize the city manager the interm C
city manager to sign an addendum we wouldn't have to bring it back to the council the addendum would address submitting the four architectural renderings and and the height um issue to the cab all at once and
um we'll we'll tie the approval if there's an approval to the to the phasing schedule but you know you know community development director you know issued some caution about you know those types of approvals because you know this
this could potentially be a very long long agreement so keep that in mind in in time in time yeah I I fully aware um I know that this project is not a major hotel that's coming in uh that's
permitted as right by you and and there's a lot of projects that the community does not want that I think the applicant could easily go down and do with very limited approvals um and I and I think you're you're right the City
attorney stating no one's uh not excited about it I I agree with that I hope that we can get better um and as far as this goes if that's acceptable to the council to direct our City attorney to to draft
something that would be uh accomplished what the council discussed today uh it and further Define that intent any other issues and U if the other party has concern I think the council can uh get
involved if our City attorney would send that to us when it's ready uh that would allow us to at least review and if we feel that it doesn't represent what we want we could call a meeting um or or or hold off until the next meeting but is
um expeditiously as possible when a lot of time has went by on this one um and I would have been happy to take it up tonight I I don't know why it wasn't on the agenda but uh that's that's the major concern so
Council those are my thoughts if you're okay with directing City attorney to work with the client move them forward just sign amendments or to them I think he said that he was happy to do it the council
yeah no that's that the unprecedented part is the extend the council extending by development agreement the 12month limitation for cab approval so my recommendation is if you want to agree to what you call intent
mayor um to allow all four phases of architectural renderings plus if the cab approves proves you know allowing that to um remain in in in place as long as they comply with the remaining phasing schedule of the agreement that needs to
be an an addendum that would be my recommendation so I have no issues drafting it if that's what you want and trying to work with the applicant to get it in place if
you want us to do that and you want to expedite it and authorize the manager to sign it then that would be fine with me as well far as time frame to get something out uh any idea um I don't know when the next cab meeting is but I mean staff
could process and yeah so they I mean in the meantime they can work with the applicant to get the application in order for all four phases and we'll work on the addendum Mr renker and I I'm sure can Hammer that out pretty quickly
okay Council does that sound okay anything else at this time you need any need a motion okay I'll make a motion to move that forward to the cab board for all four
phases and then deal with the phasing schedule in an addendum and and gener in the in in an addendum to be generated thank you that was hard to say I'll second okay I got a motion by council
member Jackson second by mayor Pro Tim Kellum city clerk was that motion clear anything need to be clarified City attorney one clarification and and the manager authorized to sign if it meets the the direction that
The Count Council just gave with and add that into the motion that the manager is yeah if and you would email us all with will having the ability to advise you individually how we're okay what we're doing here yes anything else City
attorney oh city clerk was that clear yes thank you please call the rooll council member Davis four oops sorry council member Jackson
for mayor poen Kellum for mayor Morrison for and council member Willis for is unanimous okay thank you we have thank you very much
uh public comment card Miss uh Shannon Roberts Dr Roberts uh you got a couple of cards here I see one for an agenda item number 13 it looks like did you want to speak now with the other one please as you
know I need to hear what council says on that other one okay recommending so anyway Shannon Robert 703 Sonic Shores Drive hearing cape canaval and I have actually five things I want to try to get them in these three three minutes one is I had uh called in for the uh
coffee with the city manager to be continued I just think given the unsettled nature of the city with the city manager uh transition I was just going to encourage us to consider having the Cofe of the city manager this Friday I know it was cancelled publicly but I
just I'm not sure I understand why we couldn't have a meeting with the community that's interested they're usually 30 to 40 people there and I just think it's a it's something to continue to to stabilize the city given the fact we're going through this
change um the street lights on North Atlantic I've mentioned this before I don't know where we go we get actions but um there are six straight lights out on North Atlantic and I'm just trying to find out where we are on those I know um
you know the public works is trying to deal with it but I'm just trying to understand sort of what the timeline is is is a funding issue is it the design of Lights issue it's not an FPL issue these are the city's lights so I just would like to call attention to that and
see where we go for Clarity on that um three it was interesting the AARP representative was here celebrating the city's accomplishments and I certainly want to support that but I also know the Ada concerns with regard
to curb Cuts accessibility with heavy doors and U walkable sidewalks or something that parking those are things that I hope the city will continue to address but I'm not sure where we go to get action on those um for uh the
Acoustics and City Chambers at the last meeting in this one too you know the Acoustics here it's real hard to hear we can't hear those that are participating you know through um remotely and it's real hard to even hear here as well as the city council members if you're
you're sitting anywhere Midway and back so the suggestion to council is to consider some kind of an Acoustics Improvement here for the chambers because it's really difficult and I know we put all this money in designing City Hall but this was just something I guess
it was just not considered um but it is an issue for those that are attending especially when we have large meetings like we've had recently with major projects such as the wave project um this reminds me of the process improvements that we've suggested in the past where you know Clarity on what
we're doing especially with major projects I really get the sense that Council has deviated from years past to where we used to have all major projects would come to the city council and it would be publicly announced including to the nearby communities so that there would be a chance for the community
weigh in and here we are 145 major project later and I'm just concerned that the city council is not asking for these major projects to come forth with adequate publicity be beond announcing in the paper so that there's a chance to
weigh in um and I think process Improvement would help us I'm asking for just one more minute Council we okay with extending because I think the the process Improvement for the city would clarify when processes are being adhered to or not including code enforcement all
those things you all have raised recently and this includes this major project that's coming forward you know I hear different input from the community about the height issue and when we delegate it down to the com advisory boards and we're not bringing it to the
Public's attention broadly in an advertised council meeting I just think it gets lost and all the concerns with these major projects may get lost we used to have workshops things like that on something as big as this and I've heard mixed opinions about it including
the consistency of the facade design that we had talked about a while back where A1A would have a facade just designed for the way the city looks so I'll stop but I'm just letting you know where I'm coming from just as one resident but I think the residents
sometimes get lost in our ability to understand things and have an opportunity to weigh in on big projects thank you very much um I I've got those noted important as far as coffee with the city manager that
is not that's been cancelled our interum I don't think city manager uh coffee obviously is not was not scheduled because we're in transition and we'll have to see what happens tonight to see going forward who is the interim city
manager if I was to be the interim city manager I wouldn't be able to do it this week because I have a personal Family Matter that's come up in Pennsylvania so I'll be gone the rest of the week but in answer to your question yes I would definitely encourage and I definitely
would continue those yeah and as far as you brought up the Acoustics uh staff is addressing the Acoustics we we're working with a different contractor with the city clerk in it had a meeting this week and we're addressing it because we know it's been
a problem and and it definitely needs to be fixed because it's annoying to say the least and a question you may not be able to answer right now in regards to her second item on the lights out on North Atlantic the council a few maybe it's
two years back I think we approved 440 or $50,000 to try and replace all the the lights that were out um and it's sort of like whacka moole I think cuz you know want to go out but I
I think the RNR funds uh replace and replenishes there but do we have dedicated funds this year that can um pay for those lights out I guess first how much how many lights are out I
think Dr Roberts mentioned six um and they were I don't know 8 8 10,000 onest thank you so for those you she's talked about on the west side of uh A1A
and those lights out it it if not done um already take an inventory a survey of the status of the lights maybe the a current one and as we're heading into the budget uh it'd be good to
know um because the cost to have basically no no lights out and then where hopefully we want to go is there's places where we need lights there's dark spots in the city which is another issue I think she's brought forward as well so
that's important I did want to stop and um see interim city manager if you have any idea on the budget side if we I do have the funds yeah um if these lights are in the CRA then the money is available this year we have a line item
we can we can move some money that's not a problem if it's outside the CRA then um and within the general fund and I am I'm sure that uh depending on if we're saying 40 50k depending on where they're
located uh we could also uh make that happen so the funds are available Miss Roberts we're going to have you if you're going to speak those folks listening at home and and just to make sure it goes on the record uh yep I
appreciate your following up on um these are so lights and that's the other issue when it's dark they're not getting the light to have them go on so it's not only the replacement of Lights themselves it's the design of the lights that are being used on North Atlantic because they're
solar dependent and that's not working for pedestrian safety well yeah not to go back and forth on this item I think we'll address it but that's th those lights are uh batteries and inverters and so my understanding is they're charged
throughout the day and at night they're running on Supply if there is cloudy days now and those do not charge I think you're you're on the money and that'd be interesting to learn more about what's going on and it's on the west side of North Atlantic right there at the Shorewood Drive intersection so I wanted
to make sure I was saying West which now I can now say that more clearly thank you okay Council I spoke any other comments on uh that particular those list of items did didn't we uh purchase an
excess of these solar lights to have in reserve 45 or 50,000 I thought we had it in a line item in a budget junor Tim could you elaborate on that those lights do we have lights in
reserve yeah it's in last year's budget might have been a CIP item as June's coming up sorry yeah it's a cipi they have been purchased we're just waiting to put them up so we will get them up what we have which we have solar
anymore they're solar we could call FPL and see we can get FPL lights cuz she's right if they don't charge they're not going to last all night mhm so you let me know what direction you want to go if you want to go FPL I can get a hold of
FPL and find out I think next council meeting is a good time to try and tackle it and we're heading into the new agenda item and unless there's nothing urgent or I think major that would be my preference and
I've noticed the same thing on the North End of Ridgewood from around Washington North is when those uh sell lights are not charged because of being overcast and we've had extremely overcast days
this past year it is super dark in certain areas on Ridgewood so um I think it becomes a safety issue and especially when FPL doesn't have all of their lights on I know they came through and turned on a
huge amount of Lights throughout the city that they found were out after Milton um but and literally that's helped some of it because without their lights there's no way the solar lights
are handling the capacity to light the streets in certain areas that are really dark thank you June okay Council anything else thank you again Dr Roberts okay that is all for public
comment cards if if I if you filled one out and you have not been heard please come forward raise your hand let me know seeing none um I do not have access on this computer um as far as a password did we get an answer on whether or not
people are wanting to participate remotely Cheryl could you ask Mike if that's okay well it just I don't know the basic I think login um they usually are handling it remotely so
um if if they have the ability to view those folks participating and no hands are raised if you can hear me from home and it is in fact working we do ask that you please raise your hand and if given the opportunity we'll make sure you're heard um can we at least
confirm whether anyone is online and desires to particip and then we can solve my access that's the only reason i' need to have access so there's two people online they're trying to get your password for you here
thank you very much Erol do you know if any of their digital hands are raised uh to that because if not we can move forward I know it sounds weird don't about raising hands
P Campell his hand okay if we need a few minutes we can take a quick uh recess and uh if if suitable and come back and try to get that figured out if not we can move on is that I think when they figure it
out we could go to that then come back open public participation back I'm I'm try to the passort okay uh Mr Campbell if you can hear us we do see that you uh your hands raised we'll working through some technical difficulties and we're
going to come back to public participation our City attorney is okay with that from a procedural okay so we'll go ahead and close public participation for now and uh reopen it if we get it figured out which moves us on to the consent agenda spent a little
bit of time talking about the consent agenda we have nine items uh if we would like to pull any of these items please State the number of the ones we'd like to to pull to discuss and
the remaining balance we can vote through Mr Mayor yes council member Davis again on item number one I'm happy with the changes that we have for my concerns I just have a quick question for the city clerk and I apologize for not asking it earlier will we have any
me uh minutes on the special meeting yes I had um oh sorry um through the city manager okay um I had a question um to ask of the City Attorney at the time whilst it was being prepared
the agenda and it was just too late once um I got the answer I needed so it should be on the next meeting minut already drafted so okay Mr Mayor yes um on item number three
MH I really would like to discuss that to know to get a better definition of it so that I understand it um to ensure that we're doing what all we need to do on that because I'm not really understanding why
we need a resolution to go to the state to to request that okay so we can pull item number three um are we I think that was the number right Council M Jackson 3 yes okay we'll pull that to discuss item
number one I know you had commented on that one as well were there anything there that needed to be clarified do we need to pull that one and discuss uh and it can be quick but I I think I would I'm okay with the changes for the
most part but some of it didn't the city clerk sent changes that we got from the city clerk late in the later in the day covered it yep so one is good well it's good two uh those fees
um I I do have a a quick question on that so I need to pull item number two um that's item number three has been pulled and the remaining um I I had a technical question on8 and N were those budgeted
expenses for this past budget that we adopted or those new um if we need to pull it we can but um Long Point Road uh Tim Tim or June is
Tim here yeah the the storm water pipe and the money the money um is available there the um if I recall the uh we had
to move it around in the storm water if Tim's here he could state it but I think we had to move it move the funds around in the stormwater fund but um yes it was a budgeted item okay that's that that's it I don't
need to pull them yeah Okay C so we got items two and three pulled any others council member Davis I think we can vote those through unless yeah if you support appointing then we can leave it council member or mayor P Tim Kellum
I was just going to make a motion if make a motion that we approve consent agenda items one four five six seven8 and nine I'll second got a motion by mayor Tim Kellum second by council
member Willis to approve agenda item 1 45 6 7 8 and N any further discussion council member Jackson okay city
clerk council member Davis for council member Jackson four mayor proen Kellum for mayor Morrison for and council member Willis for unanimous okay cons agenda items passed with the
remaining item number two and three were pulled the first one item number two schedule a fees city code this is a resolution uh we're changing so this is a one reading City
attorney will be one one and done yes one and done mayor okay um I gotta be uh I I did not get to spend as much time and I guess in the transition this would have been one I think we would have unpacked with the city manager but due
to the circumstances um I didn't get to spend the time um I would like to consider uh taking this up in March however um if this if there is a concern with that from City staff or Council
obviously um or there is a lot of support from the council I'm happy to listen so um it's quite a bit in there and that that was my concern and anytime we're changing fees you know I
just I got some questions I haven't had an opportunity to work through yet mayor if I could have Brianna come up just to give you a little summary of this I think it could help a lot sounds good thank you hi Brianna good evening once again this is a housekeeping item that's the only reason it's on consent we're
not changing any fees there are simply a as you said a whole slew of items that we simply don't even have in the fee schedule so we aren't charging fees for work that's being done and so that's uh it is purely housekeeping we're not establishing or raising or lowering
certain fees are we adding any fees so we are adding fees for items that our city code says refer to the fee schedule for this fee and then there is no fee and for those we made it in for example variance application there is a fee of$
8.25 in one section of the fee schedule but the fee schedule is sectioned out by ordinance and there's a different variance for four separate ordinances therefore for the other three variances we don't have a fee established so we just added those line items and made them also
$825 with the reasoning that they would require the same amount of staff effort and work now I do intend I'm hoping to do a phase two update because the city is losing money on a lot of operations due to low fees and uh but that we're
going to do a whole study have a bunch of data for you so that's why that's not part of this I so right now this is just a housekeeping that's correct right okay and declare by uh council member
Jackson's question on there were there are scenarios where there was no fee at all MH this now creates a clear fee uh prior I don't know how we handled it if we did just maybe mirrored another one but I
think this is really exciting and I'm actually really impressed with some of the things and I noted that it is vague in areas or just does not address but any time we're I think if we're adding a
fee in the past if we didn't charge for a service or we I I would like to learn more and talk more about this with you and it's I don't think it's been your availability it's been mine
yeah it's not that we haven't been charging for them it's things that and you know still new so I haven't been here and and 11 out of our 15 staff in our Department wasn't here um so I cannot go to people to ask uh you know how do we do this before so um anything
in here was completely mirrored so on the proposed action on the right hand column I cannot recall this was a bit ago CU we attempted to get it on the January agenda um I do caution against March for example if an application comes in we don't have a fee schedule to
reference to require a fee some of these things like a variance from the building code that like basically never happens but if it does do do I guess between March if the those things are have a
high probability or we think they are going to happen um I just yeah I didn't get to spend the time with you or whoever else needed to be a part of that that I wanted
and I'm excited about this I don't want to slow down progress especially if it's dependent phase two I hear so this is what we're calling phase one of the housekeeping phase two is more robust um yeah the bullet points and the staff
report um that fully encompasses everything that is done by this resolution that was helpful there's some things in there that if you scroll back up um Miss City cler the uh to that
bullet beginning of yeah keep going so that bulleted list right there at the top um there's some things in there that had a fee that weren't in code or is not a process the city even does uh not sure the origination um I looked back at
every single fee schedule update the last I think it was 10 or 15 years to help understand um second is to clarify processes sometimes again it wasn't clear the third one is correct typos some sections referred to code sections that were completely having nothing to
do with it so I updated those um I already spoke about bullet point number four uh number five sometimes in the fee schedule the amount was in the left-and column when all the other ones are in the right so that was just simple moving and then the LA actually already spoke
to that last one um but other typos for example a missing dollar sign um or poor grammar yeah those aren't the like the inconsistencies obviously GR typos those
are it it's that's all this is okay so there's the the the the addition of fees is where my concern was and any changing of there's no language change to
anything is yeah is the red line attached to this it is okay well assuming I'm it's in black and white on our side but I can at least see the the noted uh so here's a great example this looks like a lot all it is
is swapping the level one and level two cuz in city code for Community appearance boort applications actually for level one it's it describes the types of projects and level two the code descri describes those types of projects which have different fees because they're
different um scope of work one's you know very detailed like a new hotel one would be uh you know townhous or something the fee schedule flip so we had an this actually the whole fee schedule was triggered because we had an applicant say hey I don't know how much
I should be making this check out for cuz I think we're level one but the fee schedule says we're level two so we're here to clean that up thank you Brianna yes thank you so much I I think that um you know we've been we help wanting to work on these
codes for a while now and this is a great first step and the fact that it improves staff efficiency um I think we're headed in the right direction um and as far as the fees goes that's like another whole phase two and um I think
that we should pass this and and definitely move forward in the right direction I appreciate the time we put in um I yeah I so it was on consent I'm like there's some good stuff happening
here a lot of uh attention to detail and thank you thank you for absolutely reading through those gaps and when you apply it you have nowhere to go now hopefully I think this clarifies and want to support that as much as we can
um as far as the next meeting March do you think to we could have some sort of um at least 15 minutes to go through this and explain it I'd support it tonight if
we're ready to go but for the if if needed and I'm happy to okay let's do yeah let's keep it off I will meet with you one on one if the interim city manager is okay we can go through that so thank you very much
that's all I had Council anything else okay I'll make a motion that we approve agenda item number two I'll second got a motion by mayor Pro Tim Kellum got a second by council member Davis any further discussion city
clerk council member sorry council member Davis four council member Jackson four mayor proen Callum for mayor Morrison for and council member Willis four unanimous great thank you again
that's item number two res resolution number 20 2501 passes 5 we now go to our final consent agenda item number three this was one uh
council member Jackson raised a question resolution 20252 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 and code enforcement functions of a city council member Jackson yes um this is really something I'm I'm wondering um because it's a resolution
to urge the Florida state legisl to enact legislation um and I don't know what those 27 public record exemptions are I'm just being quite honest with you so I'd have to do a little bit of research to look those up so I thought
the city clerk might be able to help me with that with some some of those things or possibly the City attorney um because I'm trying to understand the need for the resolution and what the exemptions are so that we can make sure we have
everything covered thank you Council member Jackson I guess to break those down the need for the resolution is that what the first question
um Mr enam city manager or City attorney I can comment on it I'm not quite I'd have to ask the clerk I don't I don't know who prepared the resolution but I think the intent of the resolution is to advocate for the legislature to
provide a public records exemption regarding the municipal Clerk's address that is that correct that's correct did you want is that correct yes that's correct okay so I mean the resolution probably needs a little
modification under Florida law the Florida Statutes provide a public records exemption for the addresses of certain um city um or local government employees due to increased um threats
that have been made against those um those employees for example police and fire um HR uh directors dealing with employment related matters last year the legislature actually included City
attorney City attorneys County attorneys uh to that protected class in terms of addresses and I think what the clerks Association is requesting is that the legislature also provide an address EX exemption for municipal clerks and there
are other enumerated you know positions that get afforded this exemption that correct that's correct this has been advocated by that helps me because that's not what I was reading when I'm looking at the legal ease I
wasn't putting that together so that does help me thank you I would if the the council is okay with this resolution then I would suggest that a recommend that it be amended to be specific regarding the exemption that's being
requested I think if the goal is to send it to the the state City attorney as long as you're the last one to take a look that would accomplish that ask our um city clerk do you have any comments on this or anything that
you think would be helpful no it's just that well in addition to um what the our attor said before I got here um the city clerks Association the Florida Association of city clerks conducted a
survey um of the number of Municipal clerks that had been abused um based on um submitting submitting public records requests and um they um determined that
there was a number of them and this is um actually been proposed by a bill um by um oh gosh in the legislator by um Castello who has proposed this um during the legislative session before the
legislative session started so um you know this is where we are at this moment in time um the clerks Association is petitioning for this exemption in addition to that mayor it it's it's important uh
because the city clerk's name is all over it when we encounter the public records requests and some other situations which can get extremely um I don't want to say volatile hasn't
happened here yet but uh it gets concerning based on some of the stuff coming across what we see I think it's important I think it's in the the hands of the legislature we know that process
is not as efficient as city council but we we're asking as the City of Cape Canaveral as a body to send this resolution to the representatives senators and uh I think the governor whatever is
appropriate I I'm fine with that I'll make a motion to adopt the resolution uh with the Amendments by the City attorney I'll second got a motion by council member Willis second by council member Davis any further discussion
question counc member Jackson did you address all your issues there yes that's uh that gave me a definition of what this what we were going for here um and it's uh clear that our city clerk wants
our support so I'm good with that thank you city clerk um is that with the amendment could you clarify the amendment please if you don't mind City t i I didn't I I don't know if there's a
pending bill but I mean the intent is the intent is the have it's the exemption for um the city clerk's address you're right correct to be added to the the list that's currently in the statute of certain local government
positions okay thank you I also says or have any part in Code Enforcement function so would that cover code enforcement I believe they already they already have the address exemption
they're one of the other positions thank you you okay call the rooll yes um council member Davis or council member Jackson or mayor proam Kellum for mayor Morrison
for and council member Willis for it's unanimous he item number three resolution 20252 passes 5 and uh we've already approved the remaining balance of the consent agenda items which means
we are approaching item number 10 uh we have two items for Action 10 and 11 um I would like to request a quick break if if we are at 7:44 if we can be back
in 10 minutes 5 till at least uh we can I think be on the final stretch here so with that let's adjourn and remind me on public comment when we come back oh no sorry sorry Recess Recess yes
let's recess and yeah come back 7:55 thank you sorry about that all right we're hoping for the [Applause] best I know C we got Brianna
my father [Music] information for oh yeah there's just like cfcc all e e
e e e e e e like I said I said there's no excuse you like I said I don't think I have my head on today I just at work I don't sit down
at all and I close by myself so I'm by myself from like 2 2: to 5: everybody comes in at like 4:30 I don't get out of there ever on time usually I'm tired oh e
we'll get started here in about a minute yeah that's it counc we ready all right it's 7:55 p.m. call the meeting back to order we're in our regular city council meeting February 18th 2025 had a 10-minute reset
we uh closed public participation earlier as we completed all those cards for those who are here we did have one hand raised and some technical difficulties it looks like we've overcame we can see the hand still raised Mr Pat Campbell if you are
participating uh we might have to uh be a little patient on some audio to make sure you're heard on our side but with that go ahead and unmute you here in a second and give you a chance to to speak okay Mr Campbell let's give us a second
here it manager if you can supplement anything as you did last time to potentially help looks like he I can see he's trying to speak um Mr Campbell we cannot hear
you not working okay uh last time we had this issue the audio Was Heard uh from the back and they were able to amplify it um today I do not think we can even hear you
speaking I can see uh an indicator shows I believe when you're speaking uh so trying to talk through this so we can all troubleshoot and I did speak with our city clerk and we heard our interim city manager today and regards to the Acoustics this is another issue we've
we've had uh you've been unmuted this entire time I can tell you've tried to speak but unfortunately I think we're going to have to close public participation and is there um the question is
attorney uh Mr Campbell if you if Mr Campbell wants to call U call my cell phone uh if you have it Mr Campbell I
will I will speaker phone you into the mic Mr Campbell if you're hearing this could you please call my cell phone believe you have that okay here he
is M Mr camp you are uh you are on okay I don't know how well that's going to work I'm getting a lot of feedback can you understand me I can hear you but as far as the room let's give it a shot okay Patrick Campbell 307 surf
Drive cap first thing is that there's already a bill in the Senate that um does exactly what you're trying to do with public records
custodian it's a Senate bill I think 834 but I'm not sure the number but there's already a bill there um the second thing I wanted to talk about was um attorney Rena's uh the
whole discussion about that um that development uh I want to point out the City attorney did a you know Stellar job cautioning the Council on bypassing your written word on going off and doing this and then I heard there's
a variance included in this it gets very technically complex certainly is not something you should be doing in a public um public discussion part of of the meeting in fact it's specifically states that no actions will be taken
during public participation uh and you did you took an action you took a vote so you know please listen to your attorney he's cautioning you on how to do this and citizens I agree with uh Dr Roberts Citizens need more
information about this it can't just be done a three minute discussion in public participation not only because it's not the right thing to do but because you specifically exclude it uh in your disclaimer for public participation last thing I want to um
talk about was uh a lot of discussion about lights on Street lighting I'm glad glad to hear that um but it is you know we're doing we're doing pretty good we're getting a lot of street lights up but they're just areas that are just completely dark or um for anybody that
wants to drive down East Central uh there's a set of security lights that shine right in your eyes when you're driving uh clearly not the way they're supposed to be installed so it encourag council members to drive over there at night on East Central down around the
epti Departments and see what you think I think it's dangerous that's all I had thank you appreciate you devoting the effort to get me in thank you for your patience Mr Campbell I was able to to hear that and
did our best to amplify it so thank you bye-bye okay Council uh that's all all I have for public participation do we need any Clarity on his uh
comments uh if so anyone hear it okay I'd like to add one thing I am for the project I think it would be a great project to have what I'm very frustrated in is the way they get their presentations we have not done that for anybody else we have not had any
comments or any discussion during public comment and twice they have not been on the agenda they wanted to be heard heard and this Council has heard them out of text out of this today it's a public comment and we com I agree with Patrick Campbell we should not have heard them
and today and um I just disagree with the way they present themselves to get themselves heard on the board we don't do that for anybody else and I don't think it we should do that to them it's nothing personal towards them I like the project and everything else I just don't like the way about of them going to get
in front of this board or this Council excuse me so I just want that noted thank you any other Clarity on Mr Campbell's comments seeing none we'll go ahead and
close public participation thank you all for your patience and working through that as well we are now on to item number 10 item for Action titled interim city manager pay adjustment believe this was
was submitted by our HR director and I did receive an email on this hey Natalie the floor is yours okay um since it was not discussed
at the previous council meeting uh we went ahead and followed the Personnel rules and regulations and implemented a 5% pay increase um for Mr Deo for his interim role but it needs to be noted that that actual
part of our handbook is pertaining to assignments from the city manager so I wanted to note it to you guys that under the code of ordinances it is the council that sets the city manager salary and it doesn't specify whether that's interim or
not but um I feel for the duties that 5% really isn't equitable thank you uh I do not have a a problem with this and I appreciate you bringing it to the council uh Council Mr Mayor yes council member
Willis this this 5% was until February 18th mhm correct okay for it to be discussed further and it would be for the entire period retroactively well the 5% was implemented but that's under the city
manager's Direction so this would be in lie of for you guys to discuss a higher wage in the past when somebody else had taken over they were given a 16% raise um to assume those duties and that was
back in 17 well I okay I want to clarify something here The it when it comes to and I I think the council is the the 5% is is Council needed for the
5% or is that automatic that was automatic under our handbook um subsection 7035 which gives compensation for temporary promotion with a duration of less than 6 months but that is pertaining to assignments
authorized by the city manager and since this position technically was not authorized by the city manager it goes it seems to be under an the attorney can you know weigh in or not but um seems that this the council would
set let let me let me give you my view on this um the the City uh city council adopted an employment manual the employment manual um um requires that there be a 5% adjustment um for city employees that
are temporarily assigned uh to a higher position right under the city manager I look at it just generally in this particular case it doesn't doesn't exp the policy doesn't explicitly set forth
the the situation where a city employee has to step up and serve as an interm city manager what the policy is very clear though if you have to step up to serve temporarily in a higher position City employee is entitled to a five
five% adjustment um or 5% effect yeah 5% if it's if the temporary assignments for two for two weeks so so John falls under the interm city manager here falls under the city's
employment policy mhm um because you know he's not not appointed technically right so in my view when he steps up to serve in the interm or any City employee serves in the interm they by employment policy get the
5% adjustment I think what the HR Director is is saying that that 5% applies pursuant to the policy however anything more than that would
require city council additional city council approval um because only the city council establishes the um the salary for the city manager position correct so you know to sum up I believe
as a city employee stepping up to serve in the interim city manager position he's entitled to the 5% by policy currently the question is if he serves any longer um or you know does the city
council want to adjust that salary even more to be comparable I think is what you're what you're saying to correct with the elevated responsibilities of still being Finance director as well that make sense well which is yes
but I got I got some questions I want to clarify okay so the under Section 2102 of the under powers and duties for the city manager it says um it's titled acting city manager would
this fall because we don't really have any language in our code or chart that talks about an acting or an interal city manager right but it does say here I'm I'm not saying that's true I need to confirm that during extended absence or
disability that's not the circumstances here do we have any language that talks about an interum or or we obviously can terminate we can separate we can do whatever and we can hire but there's nothing specifically
about an interim right correct it gives us any type of guidance other than I mean the power to appoint the city manager belongs to the city council and another administrative officer I guess that is this this I view
this interim city manager as closest well it's not clear and I agree Mr Deo is our administrative officer in the absence of this the appointed city manager and so the first concern is well appointed he's not appointed I think he
is appointed the second issue is the mentioning of an employment manual that the council adopted when did we adopt that 1989 1998 has that been distributed to the
city council I i' I we've been asking for an employment manual and I believe Mia had distributed back that's the existing I know staff's working on a on a a modified um um handbook but the
existing one should be on laser fish I have not been sent a an employment manual I'm not aware of anything being on laser fish this is a big issue but it's okay I want to get through this agenda item because when we're referring
to a document that I don't know exists based on a policy on a document that was Council approved in 1989 well that may be true I think we've went back and forth through the past few years and a major pain point was the
absence of one and if I'm hearing you it's not that we have an absence a desire to revise it so I think it would be if we're going to reference that document has this council do we have a
copy of it anyone no one's shaking their heads that they all have so I don't feel good about that but that's okay if we can get that out or the revi the existing is important whether it's being revised or not and I think that would have been really
helpful I think that's for the city manager to use for all the employees right but the the the city manager we appoint we we have a contract we have the charter we have the code and a lot of times they're falling under under a lot of those things the employee manual
and that gets a little confusing to me and so the last time the city manager was appointed the former um that particular city manager was an interim city manager and one of the big issues was that a pay raise was given I did not
oppose the pay raise I don't oppose the pay raise tonight but I thought it we're in a scenario where it's the only Authority that can approve we're saying it's a policy but it's really does any other employee
have the ability to give themselves a raise I'm not saying that's what it's happened we're saying the policy gave but I think we're in a just from a common sense standpoint this is a scenario where you know if one of uh the finance director's department heads is
promoted to Deputy or director this is a scenario where a director is giving arrays or if a director steps up to add another director role or to do another function the city manager there's always somebody approving that race so this
case I just want to think I don't think it's the right path to go down on a 5% automatic raise based on a policy that we've never been distributed and when requested it has not been stated that
one that one existed I've heard that it's it's under revision um and it should be on laser fish it should be ideally I mean on the city website and very accessible um and at least
referenced as an addendum in tonight's meeting as a section because this is an emotional topic it's something that that we've uh I think had a lot of pains I'm optimistic that we're going to get to it but if we have an
existing please let's get that out and I would like the chance to read it so that this makes sense um because the council does approve those employment agreements right that the code tells us that employees will be hired on a merit base
and and an employment agreement will be approved by the council so we've been operating since 1989 approvals there's not an agreement for employees no there's no agreement employment manual or employee what are we calling um there's a city employment manual um okay
that was adopted by ordinance um that applies to city city employees as the HR Director indicated um the city manager on the other hand is appointed by the city
council MH okay the manual does not explicitly address the situation of the city manager I mean the a finance director or any other City employee being temporarily assigned by the city council
the duties of the interm city manager position um so it doesn't explic explicitly address it but the manual does say that the city employees that are that are subject to it if they do
take on more responsibilities in another position they're they get 5% above the current uh their current salary or the starting salary for the position temporarily filled whichever is greater
so I think you know given John's currently subject to the employment manual I mean well it doesn't explicitly address the situation it seems the fair thing is to do the 5% but you know as the HR
Director indicated you know the the even for the interm city manager position just like the permanent city manager position the salary is um must be approved by the the city council that's why I think you're
presenting this agenda brought it up mhm and just to be noted during my 11 months here I've never been requested a copy of the manual so I would have been happy to provide it that's that's it it's
[Music] it's been asked and emailed um directly to the city manager the former and um I can't speak on his behalf yeah oh I yeah you all want it I mean the staff will
send it out to everybody tomorrow I think I mean just to this is just a bit yeah we we um and citizens have asked for Relevant Mr Campbell's asked and copied the council several times on
it so um if it is available it it's not easy to access today and if it's a function that the council oversees and approves which I don't know exactly where in the code that is but I know it's something to that
exists um and we're based in that decision today I just want to identify I think we're in a circumstance to where the 5% increase based on a promotion still usually relies on some sort of management or
Superior recognizing that assigning that and in this case it it's I think the council maybe we can go back uh before and and address how the council that might be a code or change on how we address interim city managers and and I
think it it does make sense to give a pay increase um but the last inter city manager was in the same circumstance and uh the former mayor unilaterally signed for a pay increase and I and I
threw my hands up in the air and I said that's a coun a mayor can't do that I can't do that today so I really appreciate you bringing it to the council uh it takes a majority and in this case I thought it's
uh appropriate and this was good thank you anything else council member Davis I'd like to bring up the question of you we can do additional pay because he is still doing Financial you know the budget and all
that responsibilities as well as city manager so I would like to bring up a discussion about in increasing more than 5% because he's kind of doing double duty here um oh well I have a question no
noted I got that council member and count mayor per Tim Kellum the adjustment shall not exceed 5% above the employees current salary or the starting salary for the position being temporarily filled what is the starting
salary is it what is that we're in the middle of relooking at all of the salaries and it's very low it's in the 80s [Music] I don't know if there is a starting
salary for the city manager because it's contract but it's a contract salary that's negotiated between the council and the city man on an old wage schedule it said 86 and then well that I mean how are we supposed to know which is greater if we don't know what the starting
salary is it's a contract decided by Council when you are in contract agreements with the new city manager there is no it's not part of our W schedule I think that the point is there there isn't a greater
salary that is for the city manager position so you would fall back on the 5% right right it's 5% or the starting salary of the position whichever is greater since there isn't a St starting salary for a city manager because it's negotiated by contract it's subject to
goes back to the 5% well or the salary set by the council for the in yeah or the council sets the salary for city manager like I did send you the interim contract that you had with Todd Morley to look at Mr Mayor yes aren't we aren't we
discussing really the rules that the city manager applies to employees and we're trying to shoehorn an interim city manager into those rules whereas we should just be
negotiating a salary increase for the interim city manager apart from those employment rules for positions below the city manager I mean I I look that look at that as guidelines for the
city manager and what council has accepted for the city manager to be able to do so we should be stepping outside of that rule book if you will and negotiating for this
interim city manager position correct which has been the past practice back in 17 with the 16% increase and then also with Mr Morley when he stepped up well we we don't have an agreement though I mean you brought up contract I think it's something their City attorney
has talked about we're operating in an area I don't disagree with that I think that would directly address council member Davis's issue or or desired to to speak on uh that
um the the position it was the 28th of January I believe those duties that the night of the meeting I I viewed it as 29th 29 and we are now to
the 18th um the next agenda item talks about or potentially an an appointment um as far as that 30-day period That's what I'm looking at so you know I I don't know if
there what what is moving forward but I I felt that uh the 5% we don't know what it is or the amount is in far as dollars and that makes it difficult to compare a flat well I can tell you the amount if you
want that also I think one has to tie in with the other too I mean when we asked John to step up he did and I don't mean to speak for um he said he really didn't want to do it any more than you know the the
18th yeah today is the 18th yes right um if but then go ahead if we we want to appoint an interm city manager if you would take that position I think that would have something to do with the amount of raise as
well right and the way I see it is if you're looking at a pay adjustment for me as the interim city manager and then the next point is you have to appoint an interim city manager if the intent is to offer me the interim city
manager appointment and um Anthony please please jump in here when I after I say these next couple lines then that would mean that you looking to appoint an interim city manager for the next
month two months whatever it may be I don't know until you actually get a new city manager so by doing that you're going to have to come up with an agreement there's going to be terms for instance and and I'll be openly honest with you I the finance
director for this city I stepped up to do the interim uh the interim city manager initially I didn't want to but the attorney said we could do a bridge and I wasn't going to leave this city or these citizens or my staff without a
leader so I went ahead and said I will go ahead and cover us till the 18th we're on the 18th and I I appreciate uh Council having the confidence in me whatever but now if you're going to go
to the interim city manager appointment now it seems like there has to be some type of an agreement with terms right Anthony because right now what's been done for me is they there's thank you John here's a 5% pay raise and just you
know we love you as the uh Finance director and go back to the F Finance director position and I'm actually fine with that but if this city council has any interest me serving a month two more months as the interim city manager I'm
willing to support that but of course they'll be have to be a contract because I am wearing multiple hats okay I have an acting finance manager uh Finance acting Finance director but there's much more I can't
disengage from Finance I the IT director I am the administrative director and now I'm stepped up to be the interim city manager but if it's this council's choice that now they'll
have to decide what an interim city manager gets paid well then they might be you know that might mean you're paying a new person I don't know maybe you want to pay that person a rate of what the old city manager was $160,000 a year I don't I don't know but that's
where that's where you're headed you you're going to have to do an agreement right Anthony if we go forward and they want to do an interim Sy manager for two three four months I mean I couldn't even accept the position until I know the terms right so does everybody see my
point I can't accept the interim city manager position until I know what you're offering I'm very happy being the finance director I've been your Finance director for 12 years so I I hope that makes it and so uh mayor protm yeah you're on the right
track you almost have to do 11 before you do 10 because it seems like it's been determined based on the mayor what the mayor said is the guidance here is 5% but it doesn't address an interim city manager IT addresses when somebody
steps up into a higher position that's all our manual says is 5% so yeah it's very interesting situation um and in 2017 when um there was a city clerk who filled the interim city manager
position and was given a 16.3% or 16.9% pay raise for that and I'm in the in city manager position 5 years later six years later whatever seven right and I'm being given a
5% so obviously um there needs to be some discussion on what you're going to do with the inter city manager appointment and if it's offered to me I'll see your terms and if I accept them fine and if I don't hey I think I've been a pretty good Finance director for you I don't mind staying as your Finance
director I'm if that's okay with everyone so I'm good with that so the wage that you accepted was $123 a week for the additional duties so I got $123 a week for all the responsibility and if
something was to take place it could it could have possibly cost me my job possibly you never know that's the so for $123 a week so I'd like to read a statement right now yes sir and then if I could read a
statement mayor dear City Council Members I want to express my sub sincere gratitude for your trust and confidence you've placed in Me by allowing me to serve as the interim city manager during this transition it's been a privilege to support the city and the capacity I
remain committed to the success of our community after careful consideration based on what I'm hearing here I'd like to step back from my interm role refocus on my primary responsibilities as the finance director ensuring I can fully meet the needs of that position I am
happy to continue assisting with the senior manager duties uh when the city manager is unavailable at the prescribed 5% $123 a week but I believe my full attention I believe my full attention to the
financial operations of the city will be most beneficial at this time thank you again for your support and understanding thanks I appreciate it thank you John and this might be one where we're
talking about two at the same time kind of merging the items and I agree um we've kind of jumped over mayor Pro Tim Kellum did you finish on your yeah I just I you know I appreciate what John stepped up
to be the bridge um you know $123 a week extra is really not a lot for you know even the two weeks um but now you know that's where I'm saying are we if he
doesn't want to be the interim city manager Bridge City Manager right now you know that kind of changes our negotiations and whatever but um you know I I think
maybe it sounds like he would rather go back to being is a very important position in our city um no Director of Finance um I think that maybe we could give him
a 5% that position but then negotiating the actual intern city manager is a whole different thing it it's mayor it's hard to make a decision on something like the inter city management
appointment since Council doesn't had didn't have to cross this bridge before and have to discuss this and um so because if these are uncharted waters for this Council then
they'll have to come up a plan on who the interim city manager is tomorrow because my my term ends tonight and I did what I promised to this Council Mr Mayor yeah I just want to clarify one comment council member
Willis if you don't mind the 200 $123 a week what was that number represent the 5% broken up over the 52 weeks it was $6,400 a year so 6,400 a year if he had done the full year but it
came out to $123 weekly thank you you're welcome that's based on my what she's doing is she's telling you based on my current salary right that's on it yeah which doesn't need to be discussed because I'm I work
for the city manager and I don't work for the well that's let's set a culture that this is public money yeah and if you're going to work for the city of Canaveral you have to be comfortable with knowing what your salary is you serve the people and so that that's
agreed but specified what's under question tonight is not what I currently get paid because I am I'm working as your Finance man Finance director it's what I'll get paid if I'm the inter city manager that's all I'm saying mayor I'm not
being I'm fine with that no oh I don't care care well everybody knows our salaries it's on the Internet it's not a big deal well well we do hourly it's actually not very clear what the salaries are some but that that's what I'm saying though it's we're the
discussion here is what would you pay an interim city manager well yeah I just want to make sure I'm understanding the uh okay well I council member Willis yeah
um Natalie and I have discussed a potential contract with certain parameters that would be enforc for uh an interim city manager that was being promoted from within and how that would be
addressed in what would happen if they Ste down from that position they would return to their previous position at their previous rate um personally I would like to extend the interim city
manager job to John Deo and I think an 18% raise for that position would be appropriate if if he doesn't want to take it that's that is up to him but I think uh
we've got the workings of a potential contract already um am I correct Natalie it was the one I sent out to all council members from 19 for Todd Marley yeah um but I would love to see John
stay in that position I think uh a level of continuity would be good for staff and for the city and even though he is the finance director director and be wearing multiple hats uh he does know
what uh everything going on in the city entails and the Public's money so that is that is where I'm at and uh it would just be if the rest of council agreed with me on the offer and a potential
contract and a raise uh it would just be up to John to turn it down if he doesn't want to do it then we'll find somebody else but I think uh it would be a good thing for staff to continue under his
Direction council member Davis I agree with councilman Willis that's why I was saying we we need to discuss having the higher wage so I agree with the you said 18 18% and keeping if Mr Leia would stay on so I'm sec I would second
that okay thank you council member Jackson um one thing I just want to point out which we I don't I want to make sure we don't lose sight of if um um John is serving as our interim city
manager we effectively have one salary that we're down which is the city manager salary which gives us the leeway to give him the extra money okay in my opinion um because we're actually not giving him the entire salary if we're
looking at upping that percentage I think that's fair um and then my my second question because I do know that um John has a lot on his plate and John
if we were looking at that and negotiating with you how do you feel about being able to handle all that with budget season coming up and cips and everything else um I want to ensure that we're not setting you up for failure either
because you do have a lot on your plate and you've taking on a lot of the things um that are new with it and we have budget coming up so I want to make sure that we're setting you up for success and as far as the increase I
think that's fair because we're down a salary I would like to hear the comment of the other Council mayor proam and you mayor before I give a response I I would have the same question is jackon you know the 18% you talked
about terms you know that would you know what kind of would be um if you like K said you have a lot on your plate and we don't want you to overload you with especially
right now in budget time time um but you know as I I would agree to that if you if you chose to stay on mayor do you have any comments before I comment I I do I just want to make
sure that we are we have two we have the interim city manager adjustment we have the inter as item number 10 tonight and we have the interim city manager appointment they're obviously going together in these
circumstances what I heard was the city interim city manager accepted from the 29th to the 18th however to continue at this rate is something you're not interested in you believe you
would be best to go back to the finance department that that's correct because I wouldn't feel like I the things I'm going to encounter and what's going to be on my plate the compensation um like
uh um K said the uh you know where basically I'm trying I'm trying to save the city $160,000 and what I hear if you were in the last couple Council meetings boy they were out there saying that's our
tax money that's our tax money I'm here saying I'm willing to put the time in I have an excellent staff I have an executive assistant who is outstanding Lisa could this be done of course of
course it could um I think uh I I support that 18% and that's even below what the city manager that did my job and didn't do the finance director job or it job gets is got paid so I'm going
to accept a position that's less yeah um so um I'd be willing to do that now the only other thing I would say is that if this process is going to go four to six
months then I have I have reservations that on that I I would be willing to take on this position till April 15th which is two Council meetings from now at 18% I don't know how quickly Council
can move and I'm not rushing Council because it's a big it's it's a big decision I mean whoever comes in after me they're going to be hopefully they'll be here for 10 years so that's how I look at the situation the now that ties
into item number 13 exactly yeah I think item 13 is that the first I mean this is interim and it is different than than than the discussion of city manager I think it would be wonderful
that we're not in these negotiations moving forward that our code addresses in the event here's what the council does automatically uh and obviously the council can can exceed or or make
changes but give some sort of governing document John you're saying that past 90 well no uh we're we're February 18th March you're saying you areil not interested in going past not
you're interested in helping for the short for the next two months anything beyond two months that is not because I feel like this could get elongated to four to six months and I have no interest in being the interim city manager I do not for my life for the
next four four to six months but I would give you two months if somehow that AIDS Council that supports staff that's that's that would be it and if that puts you all in a tougher position then I
have no bad feelings and you know I I have no problem being the finance director I've been doing it 12 years so I'm just going to CL okay so two months but beyond that our last circumstance
was we had an interim city manager uh our city clerk um served for 30 days like yourself at this meeting she stated that she no longer wanted to be the city manager and
recommended with I think some staff support directors getting involved unanimously selected the former to our city man absolutely that's council at that point decided to appoint interim city manager there was no pay raise
given on that night similar to last meeting um I think that the raise came after when he was actually appointed as city manager and there's a big difference in what you're saying and what we dealt
with then I've dealt with both of them is we had someone who said I want to be the next 10 years that city manager right and so when I look at interim and these are the complexities there's things I can speak
for myself that I'm filtering because I understand the circumstances of our city I'm not sending everything over because I know but if we're going to say Here's the the pay compared to the other city manager well it came with a different expectation as council member Jackson
says we know you're our finance director we know that timing of this probably couldn't have been more challenging for you with the audit trying to wrap up but knowing it's it's it's just a different circumstance and it doesn't mean that
that it needs to be uh it's it's please just take that under your consideration from our shoes is all the work is as a council member of the council I'm
holding back in sensitive knowing you know what that's something for the the the next city manager right I'm not going to I'm not going to put that over your plate so those are the things maybe a contract and terms would would understand so that you can make that
decision but um thank you for your willingness to do it the past 30 days I think that needs to be compensated can we at least lock I mean that that bracket not the amount but we all it sounds like agree that the last 30 days
we absolutely we've talked about 18% 5% was the the recommendation to clarify that would be def for the 30 days 18% going backwards from February 18th the 29th to the 29th and then as far as
moving forward we've heard that he uh would go for a month or two anything beyond that uh is is maybe not the the best path for both of us council member Jackson I was going
to say for Council you know I don't know where we'll be on April 15th and I don't want Council to go through this you know uh Herky jerky type of thing but if if Council came to where they needed to readdress it on April 15 but but if
you're if you're looking for somebody who needs to if you need a person who's going to if you want a person who's going to fill this position until you hire a city manager which it's going to take some time you know I'll respect that decision too but what I'm saying is
I would at least do it for you till April 15 and as you can see if I'm doing it for it's not about the money it is not about the it's about supporting this staff and leading this staff because we we need we need a leader and um I know I
could do that so I I don't know if that makes it easier for you but um I just wanted to lay that out there that's all okay I did have a question for Natalie yes ma'am um so Natalie if we went out and
searched um outside of our Organization for a city manager can you give us an idea under current um job searching situations here
about how long you estimate it would take to get applications in here where we would have valid candidates to choose from and how long that process might take just a ballpark I know you wouldn't know right
it's a completely different search because usually you use a search firm or the senior advisers and there's a whole process of developing a brochure recruiting getting the applicants then they screen them and then they do short
listed so it's not kind of it's really not Apples to Apples it can take a good four to 5 months but um we used the senior advisor team back at Coco Beach and it was a quicker
process but um as far as as far as for us filling positions we were able to fill both our Deputy building and our building officials so we have are fully staffed okay and that's why I was asking these
questions because I do know that when you're looking at sea level leadership and corporations it it takes a little bit longer to find uh the candidates um to me leadership is going to be important
um and so I know that there's a set of skills that I think that we would be looking for in a city manager um I also know that the Florida League of cities has a a online search engine now for
municipal and government positions yes they've had that and I've even seen um some city manager positions listed on there so I was curious so um would we be parallel looking for the city
manager if we chose a a search firm would you be parallel looking as well as so no the the employees would then St stop looking you would stop looking as a as a person hands off um I
know City attorney had sent you guys a couple proposals from a couple search firms for you to look at yeah I think we're going to get into that yeah it's a very detailed process I was trying to get a good idea and you've answered that for me for how
many months to anticipate well in both of the the memos that we got from Anthony they said it's a four or five month right and Natalie said that too and that's with the search firm but I was curious too if people that do the
recruitment directly if it takes them that long because they're talking what they're talking about developing is entirely different than creating doing the search on our own and I didn't know if we were even have a skill set to do that it's not it's just the even the
backgrounds are so intense like they looking they're looking at Social Med media and deep diving into all of that so it's a lot more thank you if I may add um which may be beneficial to council because I'm just trying to be
beneficial here um Council needs to go forward like we're talking find a new city manager obviously you know my intentions are is not to be the city manager interim City Manager for four to six months and Natalie knows her experience
she's done this a long time it's probably going to take take that long but not to use the word of our City attorney but if if Council feels like a bridge an
additional Bridge of 30 days or whatever would help them determine how they want to tackle the interim city manager appointment then I'm at least willing to volunteer my leadership that might
allow you to within the next even 30 days say okay you know what we know we got to get an interim city manager let's get prepared for how we want to do it and then I could at least do that for you I don't know if that helps but I'm willing to do that and for my staff so
can I I'd like to make a motion to accept um John Deo as the intern City Manager for till April 18th you said and with the 18% raise
15th oh sorry excuse me April 15th that's the council meeting in April yes mayor Tim Kell um the only problem with that is if and I think it's something that we need to do sooner than later is to hire one of
these companies or do whatever that's in our next agenda item but if we don't have somebody by April 15th are we going to have to negotiate this again um I will tell you I'll be perfectly honest with you you you won't
be negotiating with me I'm just trying to provide an additional bridge if Council had a plan on how they're what they're going to do with the interim city manager even after the next 30 days I'm fine with that this is about this is more than just about me being interim
city manager I don't I don't need the prestige I just want to give the service and I just want to support my staff and the citizens that's all I want to do let me clarify though so April 15th to your
question you are you cuz I wasn't clear on what you say last time are you you said I'm willing to do that I was clear on the April 15th but are you saying that you'll go beyond April 15th if needed uh I I don't um I don't I
don't believe I mean that's a very hard question but I don't believe that because it then it could go two more months and I I'm going to just tell you where my heart is I uh I don't uh I don't I don't think I would want to go beyond that date and
Anthony if you want to interject I mean obviously if I was needed to be the acting but it it's it's what we're doing here is I think where you get see where I'm going from is I'm not looking at a four to six months T to be the interim city manager okay I'll just tell you
that now if you need an additional bridge to get on track to appoint an interim city manager I will help you with that but this there's no yeah so the bridge is four to six months according to the recommendations I think
we can it's I hope we don't go past that I had hey if things go right right it'd be the fastest like 90 days the fastest scenario our City attorney has got a lot of experience with this I think working for various cities obviously provided
some help it did provide some information May and that's one of the re you can see where this conversation is going the uncertainty I think John has about how the council's going to proceed with the job search so I recommended that your item 13 and item 11 on interm
city manager be merge together because any interm city manager any staff member that may want to step up is going to want to know for how long and until the council can give some sort of clarity
on how you want to proceed in hiring the next permanent city manager create uncertainty with this an City employee that is thinking about taking on the interm city manager position and that's why I mentioned the April 15 too um uh because it's a loow
it'll it'll be you know I'm willing maybe to push it till April 15 but it's it'll be a load and it's just you know I I could I do my best could do my best work as the finance director but I'm just here
to support Council through the process but this isn't for me it's yeah thank you John I appreciate it's a because it'll be it will be it'll be a load but it's manageable I got a good staff so I I I I'm know I think 30 to 60 days it's
not going to be all that you know cumbersome whatever but but four to six months yeah that's yeah so well that's the yeah that's I think that the dma half of it uh and I think that that we
can do this and it really it the the more we make ourselves available as a council very difficult to do if we rely I think on the monthly meetings and we don't work in at least one special meeting and one Workshop um we we it
will take a long time if we could we do have a motion it did not get a second uh and and so I want to just point that out out we can come back to that if needed but our City attorney brought up item
13 and how this should be merged um do we want to to to jump to this and and briefly take a step back so that we can finish item number 10 I don't want to leave tonight without finishing item
10 yes um I think that's the the highest priority for me but it'll it'll help I think answer some of these short-term questions and the the the bridge April as opposed to June I guess um council do
we want to do that or do we want to go down in order I think we should do that because it has a lot to do with everything that's happening from 11 10 11 and 13 and it's I was just going to say it's possible April 9th rolls around and
council's got aggressive on the process and um Natalie is doing her thing and council's ready to appoint somebody on April 26 or 27th well if we know that then I mean I'm not going to say well
I'm not doing it for another week but Council will know by I believe the first or second week of April Council will know how this is standing and you know they could go from they could go from there then at least that gives you a
bridge cuz if if I don't do the bridge then then we're talking you know now you have to well now you have to decide on you know appointing someone who if there's someone who wants to uh do this
for four to six months I think that that is good I'm seeing on the memo here uh that provided by our City attorney it's the last line of the me or the last sentence on the page I recommend that the
council item agenda 11 which is what we're talking about now and 13 be merged um or considered together with the two proposals attached
so this I think fits all in if we if we want um I think it's since there's I mean these aren't ordinance changes public hearings we can we can take action on item number 10 uh
but is it appropriate to to jump to 13 City attorney is that okay or can we merge these so that we don't have to Mayor I just think I when I wrote this memo to you I just felt that's going to just be part of the of the
discussion yes okay so um you know I think having that discussion on your 13 and and was was important to be included so yes Direction needs to be given by by the council and what you want to do
regarding this executive Search okay I've got some if we could go to the item I would like to jump to sort of the last page and get right to it because it's 9 o' or I'll at least reference
this the recommended next steps the the the very end of the agenda item put together there just three things the first one is seek
necessary staff and City input to view attend and approve a hiring framework at the next council meeting that's we've begun those conversations tonight we're we're talking through that the city determine whether an external recruiting firm is desired and invite firms to
propose services at the same meeting or following the approval of the above framework so in the same meeting we have uh two firms provide ided by the City
attorney I I think uh on the city staff I think I saw another firm come across from our city staff Summit I believe it was wasn't yes Sumter Summit some
okay and uh that so that would be three um the first and and then the last thing is open a job application process and establish public engagement plan so my thought was first question binary decision do we want to work with an outside firm or do we want to do it
internally I believe we should work with an outside firm we did this in 20091 I don't recall who we used but over a 100 applicants applied for Cape Canaveral uh we we made our selection as
Natalie explained the finalists shortlisted and there was an interview with the public uh or with the city there were one-on ones with the prospective city manager finalists uh with each council member there was a meet and greet public
forum uh opportunity as well where you could engage in in more of a public informal setting and get to know and then there was a council meeting a third one where the council like we did tonight with boards got to interview all the applicants this agenda item if you've
had a chance to to get through it is really about how do we make it as transparent as possible and give the public an opportunity to be not only a part of the process but um I
think that would be a very good first decision is do we want to use an outside firm or do it inhouse I believe we would we and the citizens of Cape canaval would be best served by using an outside
firm um I think uh taking it upon ourselves we're not going to be able to uncover all of the best applicants and uh certainly won't be able to uh research their backgrounds quite as thoroughly as
a professional would be able to even though some of us have some experience with uh looking into people's backgrounds but I don't think this is something this Council needs to take on
themselves council member D I just have a quick question for Natalie um a name has been proposed to me from by several people um if they're but I don't know if they want to apply separately do they have to go through the job s you know
what I mean they would still have to go through that as well they would follow the procedure to apply okay so they can't do it by on their own okay just like to hear some comments on um Mr Mayor yes mayor ptim um I think the the
the outline that you proposed for this uh Amendment 13 um I read over the memo that Anthony sent us sent us and um I lik the ba Basinger Associates I read
through it I read through the other one but you know a lot of the points that you bring across um you you know it says in their proposal that um that they will get to know the elected officials and the community firsthand that efforts
take time but it is the only way to ensure the candidates we recommend are well qualified and fit for your community um and they talk about further we rely retun routinely excuse me
complete our work in 90 days um I I really think that this uh my opinion is this is a good company and we should and the sooner we get them on board and a lot of things as far as public input and everything is part of
their um hiring process um they want they gather we also solicit input from your residents through an online survey um they get in touch with the business Community non-for-profit organizations
and reg religious communities um I would like to include the board members should be part of you know this decision but I think the sooner we hire someone and get the ball going the better it is uh for the
citizens for the staff um and you know if we're going to lose John in April we need to because my point with John is I if he leaves in April and we still don't have anybody
till June are we renegotiating this whole thing again for the bridge we are we would be yeah it's and and I and I I perfectly understand that I do and I mean I'm not no no I I thoroughly
understand that because this thing could get elongated even by the time you get this thing going it might be the beginning of March even April 15's 45 days but I'm just I'm just letting you know that if the
situation uh you know puts itself like that then I I would give you to at least April 15th but I understand that you're having to go through the process again so you or you go out and you find a interim city manager fordge six mon six
months just a longer Bridge yeah but I I just think that you know and I was really impressed with all of this information that Anthony sent us and I think this is definitely the way to go and I was really happy that all the
things that you outlined were also outlined in what their proposal so mayor just speaking from history remember when did we did the Strategic Retreat two years in a row with uh Doug Thomas sgr his firm now I'm
not saying to use them but the thing is is that's what they do and doesn't that firm more know more about Cape canaval than anybody because we sat with them for weeks on strengths weaknesses vision statement what the city's projects were whatever just throwing that out there I
don't know if that would be an option well I think the first thank you for bringing that point up sgr um I think time is what we're talking about but getting to the the question sounds like you do believe outside firm would
be best uh Council Jackson you believe and it sounds I think that's all of us so I think we can lock that Vault off and say Yes an outside Farm is obvious as it was now it's who I think we've heard some uh let's just list the ones
that we have we have Colin Basinger and Associates I ask yes with Thomas you're saying they would do what all I'm saying is we know they're a known entity that is put on our strategic Retreat two years I believe two years in a row going not
last year but before that and so all I'm saying is is when somebody's trying to find a city manager for you the first thing they got to do and I think Natalie agreed with me they got to get to know the city right and so that's that I'm
just saying this this guy is his firm has know they he knows the city that's all I'm saying I don't I'm not recommending them I'm just saying that that somebody who actually knows us well I think their work product we all have today it's a report about you
know that demonstrates the city and absolutely essential I think that no matter who it is you raise a good point they should see those pillars and and that framework that we put together and values and and I mean vision mission all
of it um so Colin Basinger associate slaven management Consultants uh was it Sumpter consulting or Summit it did was it um did it come from our community
development director and City attorney uh I just saw the email today that was about uh the former city manager signing a contract to recruit a building official oh it had nothing to do with the decision for city manager I don't
know why you even received that cuz it it's not a prop recruit a city manager I just thought that hey we did this for the building not to say that they wouldn't wouldn't be qualified for this search but that what I saw was not a proposal for recruiting a city manager and the
interim city managers rais sgr are there any other firms that that we've I would like to Thomas that that's sgr I've got them so that's no that's okay that's three firms um
the the next decision is okay when when do we decide uh if if tonight we wanted to go with one of these uh firms uh we we could we really only qualified
I think to go for the ones that we have it the information on um time is the right and sgr has anybody reached out to them to see
if we have to talk to them and we can reach out to them and and tell them to promptly give us a proposal and then you all can meet to evaluate the three and select one yeah I think tonight I mean this is the biggest decision in seven
years I think I'll I'll make in 10 I guess when it's all over and all of us I mean we are choosing the the person that will chart hopefully you know in 10 10 years would be wonderful as you said earlier um and then we've got our
interim challenge if there is a desire to get and that would make a third quote in we would need to overcome that by coming we would not be able to vote tonight on moving forward with one we'd
have to wait on that wait till the next meeting that another oh hold a special meeting I mean I think we should have a and then we actually don't even need to address it at the next meeting because it's underway the March meeting I don't we're
doing the business of the city but if we hold a standalone special meeting for this they and then they come they we listen they present we ask questions we select the Public's here to get involved
we select the best firm the test there is what's a date that all of could be there but it'd be a standalone meeting that I do think is that if we are going out I do think that's the best Next Step um and that also decides 11 and
10 no doesn't no that's interim I think we need to to give ourselves it's 9:12 enough time to address that um why don't we take our time if we we agreed and I know that these this agenda item that I put
together was really talking about those next steps um I have not had a chance to read these at the level I would like I gave them a quick read I agree but I just don't I want to do it as soon as possible and
get a get a proposal from Doug what would be a date I think that high return is actually figuring out a date here or at least a few dates The Reserve date comes to mind uh that's if do we have a a way to know that if
the reserve date for the month of March is an option for the council don't believe there's anything on the calendar for March 4th yet yet March 4th MH it's Tuesday I I know
for a fact I cannot do that day I'm sorry um so and and if if we don't have the time to do it tonight we will have to send do this through the emails and find I would say it'd be safe to pick
out a couple of dates umer is the yes say the 18th is is the the regular council meeting so it's literally that doesn't happen often 18th in February 18th in
March March 5th is the reserve date The Reserve thank youall is March 5th it's a that's a Wednesday yeah it's not it I thought it would be the 4th it it definitely is that
Wednesday the 5th is not Tuesday the 4th I would now the fifth does work for for me if that would work and that's 17 days
out anything it's oh next week in February and then I'd say pick a second date just as an option and we try to say primary and backup so March onist I think we got March 5th is one option it
may not be the best but at least it's one and if there's what about the Wednesday the 26th that's what I'm wondering is why are we going to hold off until March we need to get this going we don't have that much time the 26th of February okay
uh there's a pnz meeting on oh I see that too um so February 26th Wednesday February 26th I think meeting I mean not too late so it
doesn't discourage the public but the time of the meeting um ideally those firms would have an opportunity to to answer questions if even if they physically can't be here I think it'd be their ability to call in it'll be really
important um because you know sgr he's all over the country sometimes um so I think if the 2 6 works as well as the what time is the earliest I guess you yeah I
get okay so really 6: PM is is really about the best okay I think that's that's fine it's one if it's one item I think we'll be just fine so the 26th Tuesday
February 26 6: p.m. Wednesday Wednesday Wednesday thank y'all Wednesday February 26 6: p.m. um do we want to set that now Council
give uh as far as procedure City attorney to schedule a meeting at a council meeting do we need a roll call or motion to U schedule it make a motion to schedule council meeting for February 26 6 p.m. to
discuss search firms I'll set in got a motion by council member Willis a second by council member Davis to set the meeting special meeting February 26
6: PM uh to discuss uh firms for the hiring of the city manager is there any further discussion on that date see none City council member Davis for council member Jackson
four May Pro Kellum for mayor Morrison for and council member Willis for it's unanimous that's pass 5 that's really good let's give ourselves that that'll actually allow us to relieve I think item 13 now
or agenda item 13 I mean that was the big thing is are we going to try to make a decision tonight and I think we we came away with with that are there any other items before we I think jump back to this
interim city manager pay adjustment I do have one question council member Willis what happened what happened with the motion do we need to Second so well if I seconded
it would we be able to vote on the city manager manager interim city manager for the 60 days here oh I didn't on the pay increase I didn't hear your second I it failed I didn't I didn't I think it failed due to a lack of second but I didn't say that so I think
it's it might be easier to say it failed due to a lack of second than make the exact same motion again uh but don't we have to figure out how long I mean is it going to be the 18% from now till April
that's that's I I think it should be from the 29th yeah well that's what I meant the 209 MH is that about the 5% is that plus yeah okay so yeah I think it's from
the 29th um but my one question before we got into this uh we we've got time we see April it started on the 29th of January we all agree historically
retroactively there's there was a motion it didn't get a second to give a raise when we get to April to address your concern mayor Tim K because and we will be there again if we don't have a solution we need when we need two
more weeks is probably more likely than than two more months I think thank you very much for being forthcoming and and sharing uh your will and desire there City attorney my question
is do in your experience shortterm Solutions so let's say we we get to to April and it looks like we're still 3 months out do we know of any shortterm
Services by those firms I and see where they'll provide a temporary where they know they're not I think we saw this in Palm Bay former city manager stepped in and he was not going to apply for the job he was in and out and the league of
cities I think used to have some advisors and there's an Advisory Group one of the search firms I know I spoke to if the city needed um and Inter term they would while they're doing the permanent search they would have
you know also if somebody was interested in an intern position right they they would help recruit that person just for an interm basis if necessary um I didn't talk to the other firm about that
specifically but that might be something that they could do in the event there is a crunch um so that's that's that's possibility but I mean I mean at this point I mean it's great that the council's made that decision that there's going to be an
external so that that's known and then what's unknown you'll select a firm hopefully on the 26th and then get that ball rolling expeditiously and they all have a very strategic process that they're going to extract information
from all sources including each one of you to come up with this character profile and recruit so it'll be important to give them the time that they need to establish who they're supposed to go out there and try to recruit sooner you get
that done the faster the resumés are going to come in I mean this could take this could take three months it could take six months but that initial phase is really really really important to get that under their belt so they can
recruit right so you know and then for an interm if you go internal and John's willing to step up I'm hearing at least until April um you know you know that that typically you do an interterm contract M if he's willing to
at least go to April you know I would suggest that maybe the interterm contract would state that the council can re-evaluate come April with with with John um you know maybe if the search is going so well and it looks like there's
light at the end of the tunnel and you need some additional time not to put words in your mouth John but maybe maybe he might be willing to offer some more time to get get you to the point where you actually select you know a candidate and hopefully you know you then select
once you select the candidate then it depends on how soon they can get here right it might be some additional you know time involved um but you would know that somebody's coming right so you know maybe John is to get through this at
least tonight now that we have the 26th set and hopefully you you you select a recruiter you know maybe just taking care of the interm city manager and we could with John until April subject to re-evaluation depending
on the progress of your search might get you the next step and we would probably I would think we would be closer if we got to that April date and John didn't want to
extend that we would have more have a successful chance of finding an interim with the company that we're working with right now as well so to me that makes perfectly good sense more opportun just in case John says necessary can't do
this i' like you could put that out there they may even offer to you even earlier yeah I think we can it's prudent to get some sort of interim agreement together if it was something so that you do know because take John's willingness
to step in today doesn't mean that we're going to still need that that template right and so if the firm does come and they say it's going to be 120 days or whatever uh well we have an agreement right that they can we need somebody for
four months for this one so our City attorney if that's something and and I do think that could be in-house and interim something we've needed for a while that we can serve but also being mindful of could this
work if there was another person after April that that was not a good fit I think you may be pleasantly surprised that when you do your February 26th and like Anthony says you get the ball roll somebody within that com that uh firm
says you know what we have that can step in within the next 30 days and then that get your your bridge and then they're going to be looking for your main city manager yeah contract with you till
April yeah well then then that would be that would be fine if the dates are closed then you don't need to do you don't need to look further I think everybody understands that you know trying to go four to six
months and who even knows be longer it's just it it's it's not something you're already if you're already on a staff and you know you're a director whatever I'm just doing this to let's keep the Train on the track so I'd like to make a motion that we accept
John Deo as our continued as our city intern city manager that we ad just his pay retro back to uh January 29th to 18% and goes through April 15th I'll
second okay got a motion by council member Davis and a second by council member Willis I think uh city clerk was that motion clear yes thank you I'm not going to try to to repeat it I it was clear to me I
see uh the 18% going back to the 29th um and yes I think that is the next best step we've got our
meeting scheduled for February coming up at that meeting we will hopefully have all the interested parties to provide these services for us just want to clarify if our City attorney could
reach back out to these two and any others that that that are going to come and present their services that they also are mindful of that shortterm as council member Jackson said that
interal position as well because the perfect package would say we have somebody right now that can come in who wants to do it John is relieved he can go back to finance director thank you compensated for the time he he served and stepped up
and help appropriately as we the motion is tonight and then you know it's 90 days and we do it right and we choose the right person so okay motion on the floor second any further discussion May one question are we going
to groups that are going to propose a are we going to limit it to these two plus sgr I mean do we want um you know what I'm saying I don't think that's necessary
and the the point you just need top tear firms that come and pit you and you already have two um you know um you know Doug Doug Thompson Thomas's firmm I'm reaching out to him I mean that'll be another good
more it was a legal thing the City attorney obviously drafted the agree agreements the contracts navigating um I'm leaning on his judgment such as top tier firms and his experience and
obviously I think any other merit-based opportunities I I understand okay any other discussion city clerk council member Davis for council member Jackson
for mayor proen Kellum for mayor Morrison for and council member Willis for unanimous yes thank you John motion passes 5 we took action on retroactive and the time our finance director is
willing to serve as that interim so thank you for continuing or going beyond for what you done and what you're willing to continue to do okay so uh We've addressed item number 10 and sort of 11 and I think City
attorney would you be okay to start between before the next meeting special is to have um an interim agreement that John could sure move but it would also if
when that we could use in the future and um potentially The Firm could use after April as an example for the interim sure I mean I've done the other one previous one for Cape canoll as well as other ones so I can put together inter term
contract with Mr Deo that's great yep we'll have that we'll have that for you no problem okay I just do want to let the council know that schedule important schedule
tomorrow till Monday it's my email and will thank you okay uh so item 10 and 11 are we through with both of those Council making sure uh 12 uh we decided
to move to the end we've addressed 13 I think we'll pick up more of that when we come back um it's 9:31 I see a hand waving and I know why before we close on item 13 there was a public comment card for this
one is a discussion item uh Dr Roberts please come forward the consulting firms and making the decisions that you all have talked about tonight there are some criteria that I would like to offer you know just again
as an interested uh former council member to perhaps look at the proposals you're getting because of the lessons we learned from that experience because there were some serious lessons learned uh from our um interview and our selection process and
um what ultimately resulted after the selection was made and I think maybe some of those Lessons Learned could be potentially um offered to help this Council in maybe avoiding some of the mistakes that I believe that we made um
so I'm trying to offer that to you um one of the things we didn't look at was the um the community from which the city manager applicants were coming and if there had been any um publicity or any kind of experiences that those city managers had had in
their private Comm communities and in that regard when we did use the consultant one of the Consultants you're looking at this information was not provided to council and it's not because the consultant didn't mean well it's just that the investigation or the
background information wouldn't there enough so that's reason we kind of got blindsided with in my personal opinion I'm just offering my personal opinion with the selection that we we made because this information was not provided to us so I'm just offering as
an interested uh former council member to offer you my observation in the proposals that you get just in case there any missing Loops gaps or whatever um in the proposals that they're giving that's what I'm offering because I know you all have to make the decision ultimately but I might be able to see
some things that we missed that might be helpful um to suggest to you all again it's informal but I'm just offering that Insight um because we can with good intentions might go astray without without realizing that so I'm just
offering that and that would be on the 26th if I'm understanding you correctly that you would have the proposals and these persons would be present to make their presentation yes okay and I would off would recommend you get references
also um as part of the package that they're submitting this probably Natalie knows this already but um those were the kinds of things that we would have benefited from uh and seeing more in full so I think I'd be we'd be foolish to not
take you up on those Lessons Learned it doesn't happen in the history of our city very often you know and think the former was 20 years five six city managers probably in total the the history of the city if actually if only had two
since you know since that time period per and so that's reason my memory is pretty fresh in that regard thank you very much if I could maybe work with Natalie um and maybe when she says it's the right time I could just look at the written proposals would plan to be here
in the audience and just public participation maybe make a comment but maybe in the written word I could just work with Natalie to review them in writing give her my comments and then that would go to you allk is that okay thank you that's fine with me yes your
comments are always appreciated uh council member Willis did you have any comments or anybody okay any other public comments at this time I didn't feel that card Ser Mr Mayberry would you like to speak yes
sir come forward please thank you mayor council John Mayberry deputy director of Parks and Recreation um I've been through this process before I think some of us have talked about I've been an interim City Manager for a year and a half but don't
want to do it again but I would highly advise looking within for an interim regardless of what John does if he stays past April that's great we've worked with him for the last month um he's things are moving things are
rolling but if he chooses to step back into his role as a finance director uh completely understandable but I would U profer the name of Molly Thomas to be considered um speak to other directors
Deputy directors drill down to staff uh get opinions on Molly most of you guys have worked with her I know um we I've been through this twice and we did it once with somebody that a group bought
in for us and it was it took two and a half months before they even realized what was going on what really was happened within the city it was a waste of time that was our experience hopefully it wouldn't be here if that's the way you go but somebody like Molly
who uh Todd relied on heavily um to do a lot of his leg work um she's been here for years you know her background she started out as an admin assistant and now she's a director very knowledgeable
I think all the directors and deputies would agree uh levelheaded uh very focused uh when it comes to getting a mission off the ground and getting it going and seeing it through the completion uh and I would just hate to see her overlooked in the
process I think she's somebody that would represent the city very well my opinion she' I've told her for two years she'd make a great city manager she's she's a well qualified person and I just wanted to say that publicly thank you for for hear me John thank you for
sharing that with us I that that's very valuable um and I will state that the interim whether John is we're willing and able today absolutely it goes I know my
statements about outside um anyone on City staff who who is interested uh in that I think we would be it's we we she'll probably hit me tomorrow but that's very helpful to know
um that's that's how we chose our Todd Todd made that very clear to us in those early days and it and it was um it was it was open for all but thank you for those comments yeah and that's I just chime in there John that's great
yeah and if to pick up at that point and to take it forward if this Council supports that that's fantastic thank you okay what uh that's okay is there anything else oh
Briana please come forward yes um as someone who's managing a department where 11 out of 15 are within their first six month months on their role um attrition is extremely valuable so I support joh May Mayberry had
presented thank you okay so we've got any other comments from the public on this item see none we'll go ahead and close the public comment back to the council we are
through all the items through 13 now that we've uh that was the one that Dr Roberts had referenced and we got to hear some more comments uh which brings us to the 12 cuz I don't think we technically pulled it did we we kept it we've got 20 minutes till the 10 p.m.
Mark uh this is sort of where I wanted to say if you wanted to continue to keep it off we could uh we still have reports if we want to but um council member Jackson well you had said you had something to um say I literally just had
several questions but also had something I wanted to share and I don't have it with me tonight because I planned on pulling it it's a a handout um so if you want to say whatever and then I'll pull my piece of it into the next meeting that's fine Yes mine one statement is
we've had um public records access issues and I've dealt with this in the past uh with with laser fish whatever is needed there to support seems like it's been happening on the
weekends um I I I did receive I think some explanation but I didn't understand it um that's whatever we need to do to fix that um John I'd said I I kind of laid
back but with the decision this is one I don't want to lay back on I can speak for one I think we will support is it the funds whatever is needed to fix that I remember one point there was a limit love to hear your ideas es there about
ways that we can improve that but getting messages from citizens saying I can't access public records over the weekends um laser fish is a great product uh but whatever we need to do there um is
really important that was my comment when I saw public records I just knew that we've had some access issues um and that was my statement thank you okay you so we can bring it back for the next one when
you're ready okay I have my hand up yes well absolutely thank you um this is going with what councilman Willis said I took this as discuss public records requirements totally different because I did make a public records request for
mayor and for um councilman Jackson so I asked for that to records to be delivered by the 22nd so I expect those to be delivered by this 22nd and I've also been looking into Florida statue 11 19092 which is the violation of that so
I would plan if I don't have them on the 22nd then I plan on you know if there's not an agreement made I plan on having that reported so just so you know okay okay and now we'll go ahead and we'll go ahead and go I want to
respond to that yeah that that's the St me too the statute literally says within a reasonable time frame there's not a set a time limit On's not a date that you can set part of the statute and this is the busiest time of
year for most people in this area because it's all of our snow bur are here so I'm just telling you I'm already working on it I have multiple Pages I'll be turning in some of it however you
don't get to put a date on it now also while we're going there since we're going to go there I'm going there I wanted to ask how our process is defined for receiving something on Das
deas because we had a document that was received in this special meeting it was sitting on my de my spot here it was also out on the table for the public was that a public record was that entered into public record and who placed that
there because the person that wrote it is an ex city council member and I'm pretty shocked that they would be able to come up here and put it on deis without it being entered through our city clerk and that was one of the
things I was trying to find out for the document that I was put together and was going to give out but looking at all of the city manager stuff I thought this would be better another day but I mean I really want to know how did that
document get up here because if it is put up here it should be part of our public records and I don't believe anything should be put on that table out there with the agendas that is not approved document of the city and
entered into public records so I'm really curious those yep those are two issues that I'm interested in I heard there was documents out there on the Forum did you I was told yes there were docum out there do we have any knowledge of documents other than the agenda items
that were placed out there on the table by City staff or Council any council members didn't see anything survey of the employees was out there City survey survey Mr DEA can you help us confirm if the city survey was placed out there on
the N was the city the last City survey was it brought into the council was it it wasn't placed by I like your first question yeah was it was it placed any place in the was it brought was it was it brought
into there wasn't a stack of uh surveys brought into the council WR was there well no I'm not asking for a stat but just one just one M let's hold on wait till she can come up and speak the rec may protim it seems like you have a high yes better
understanding of what you saw or heard there was a I don't know how many but there was a stack of surveys on the table out there with the agenda okay with the agenda even that was not something on the
agenda but okay exactly Y how do we know how those got out there no I don't that's what I was asking no I I do not May no and specifically how did it end up how did that document get placed
here for city council to see prior to that special meeting and then there was another document because that person that wrote it is not on councel so that would either have been the and correct me if I'm wrong that would have been the city clerk that should have placed it
here or another council member but would a p a participant in the chambers just be allowed to come up here behind this the de and put a document down no there's there's procedures and we'll clarify those I agree those need to
happen uh that's a separate item that I'm very glad you brought up uh the the survey we do not know how that survey that survey I'll tell you how I received the survey it came in an email
from our HR Director okay so at that point how did that email that went to every city employee mhm and we don't know who if City staff put that out there well it could have only been one of us council
members or city staff if no one's going to know can we look into that and try to find out here's who put who made copies and put them out there not necessarily who but was it City staff or city council because it can only be those two
I would think that well I guess that's not true I have no I have no clue I have no information on that but I do know on your first question it was put up here as well no I think no the one that the letter that you said was put up here you said by a former council member with the
council member came in into the chambers now I didn't see him passing them out but that was the originator so so yeah I I confirmed that confir because person was walking around
showing those yeah it was 30 minutes before the meeting there was not one person up here our city clerk was not here right Mr Deo was I think here and I was sitting in the back and well a bunch of people the doors were just open that gentleman who authored that document
came uh and and distributed them here uh nine copies were distributed one to you as the finance director he walked up to me and he gave uh five uh to the council which is six uh seven to the City attorney eight to the city manager and
nine to the city clerk seats not to one of us no one was in here they were placed at all those seats and I'll make and I'll tell you because when I was sitting in the back that council person ex- counil person former councel person came up to me and my staff and it and it
showed this and then we thought they were going to present it up here and I guess they passed it out but we did not take nobody myself or my staff did not say oh yeah give me a cop we were like and they took it they they took it they just showed it and then took it and said I'm under the
Distributors yeah and that's understandable I think the issue is not that that was in the hands of you it was a procedure like what if somebody can just anyone can do that the fact they're a former council members an issue not not they're actually a seated board
member today they are actively appointed by the city council and abide under the same code of conduct we all have to abide under and that's that's different you're right we would lose control because what if all those 100 people let let me just finish cuz we're short on time we got 10 minutes and and I and I
know I'm going as far as your statement on establishing a deadline to do a public records request you said you've been studying state law where did it ever tell you that you have you can place a deadline on somebody second point is the entire res that public
records request absolutely you you asked it on us no one's asked you about your records or anything that's and it was in response to our city manager who literally deleted former text messages
entirely he could not produce not one any text message and your reaction to that to us was you produce them so I think it's very interesting that you want to give us a 30-day deadline on something that was deemed by our very
City staff is very difficult to obtain and to capture it the city you sympathized calm down calm I not wound up you sympathized with with them and I understood screenshots and all that but then you drop a basically a public
records blanket and it's very easy to do I hope they serve you well I am honored to fulfill your request but the the the the the deadline to somebody and we as the comments are we we are largely
volunteers and serve yet now I am going through the Hoops to adhere to a very difficult procedure that was not followed by our own City staff who has compensated very well and still was not
able to produce it and so just be mindful of that what you're asking for is something that our city manager could not produce himself what if I just said oh I deleted all mine there's your records request that's what we heard well bottom line is I have asked for
those records reasonable time that could mean to you guys a year that can mean six months I gave you you said you have everything on file everything ready to go you keep everything and all that so the month time it was on I have that I have the reporting I have the
transcripts you A month's time is plenty I'm not giving you five days I'm not giving you 10 days I gave you a month over a month to do this so I expect them done not your will we we'll keep reading the law well you can do that but I expect them on the 27 will thank you I
just wanted to raise awareness on what was actually happening here is the very request that never even came to our city manager he was never records requested for any text messages but now we are no not just text emails photos names
specific this Council long St these things you're going to get records that's fine you you were accusing the city manager of intentionally deleting stuff while you're saying you have everything that's what you just said so I wanted to show see that you have
everything I'm just saying they were deleted his phone wasn't accidentally erased they were intentionally deleted well we're not going to go into that anymore because the phone was intentionally erased he didn't just lose his data that's very important to State on the record that was a decision to
delete all the records on that phone and that phone wasn't going to anybody else that phone could have stayed right there I have my records I have not and that's what I said that night about having them all ready and filed I said yeah no I haven't deleted my records I have my
records now to go through and screenshot every message for two years worth of data I am working on it I have not requested two years worth of data so bottom line well the records request I did had a date specified yes but I
didn't go back two years is that what you're saying you two years well i' I've gotten four or five records requests since that one I didn't for two years mine didn't go for two years okay you know M was and I would like to add one
thing because this is occurring after you council member Davis admitted that you thought this was a city policy versus a state statute and you didn't keep your records you said I don't I haven't kept my records I didn't know that policy had
been changed it's not a policy it's a state statute and you should have known because you're going through the ethics training every year you've been on Council since 2021 you were you're you go back and you listen to that statement
you you confirmed you have not kept your records and so this amounts to in my interpretation of the law and the state statutes on this this amounts to a frivolous public records request against two people people when we were having a
legal meeting that was confirmed as legal with our City attorney after a yearlong investigation into things that were wrong with two addresses where our person we've been investigating and our
situation we've been investigating he literally said what had happened so you know what there's not anything more retaliatory or frivolous than that you'll get your records but you're going to go by the state statute just like we
have to and that does not allow you to say well I'm doing it on this date or you have to turn it in or I'm going to no you know what the threatening ain't going to work with me I'm going to get it done this is my busy time of year and on $3,000 a year I don't get to to feed
myself clothe myself and put a roof over my head so you you can't retaliate with public records request and that's all I have I had to say on that I'm not retali and you misunderstood I was talking about the policy where the phone being
transferred I didn't know that they would be deleted so I don't want to go into this again it was not about my personal records it was about that when we transferred the phone the items would be deleted I was not aware of that thank you thank you okay are there any other
uh comments we we sort we got into that one uh public records it is obviously an emotional topic that uh some major decisions are made around the management of those records I'm optimistic on Cape Canaveral moving forward we have a we have a team who is
working together we're going to get this right but we will not move forward if we continue especially to Tit for Tat and and I'm not going to respond and no I want to see your it it's messy we serve the people and uh I look forward to to
getting this put behind us so that we can all move forward and mayor Morrison did not make any public records request for for any of this for the very same reason we have a job to get done and that's getting the city manager spot covered and that's why I wanted to pull
this agenda item because it is a charged topic from tonight but to me getting the business done and ensuring that we have a new city clerk and ensuring that she is not put in a bad position because of something happening with things being
distributed that are not going through her is also important to me just like we voted to to take her her you know to mask and address and that sort of thing tonight I think we owe that to our new Associates and staff that come in is to
do the right things thank you that concludes I mean the agenda unless there's any final comments on that public records discussion uh 12 we two reports and there's three
minutes I don't not have any reports so say well I just wanted to say I placed eight copies of this out on the table with the agenda for the coffee with the cop so it is going to be March 3rd at
Sandpiper Park so thank you thank you that one's pretty official though Don council member Davis any any reports oh that's no council member Jackson
no May Pro Tim no interim city manager I just want to recog recognize the city clerk's office you know they're all new um Daniel leaves tomorrow last day and Esther's taking on a big job here we just hired a Jessica Ross she was here I
meant to uh have introdu her to you but she she she's left but she did um she's new and these people are motivated it and we want to get on the right track and uh we may have some healing to do but we got a lot of good people and we're going to move forward thank you
thank you we support you City attorney absolutely for our County Sheriff's office thank you very much for continuing to Serve and Protect yes sir thank you last but not least city clerk sorry no thank you thank you very
much yes okay well thank you you're welcome and uh with that we can adjourn the meeting meeting adjourned