Good evening everyone. Today is December 16th, 2025. It is 6:02 p.m. and we are at the Cape Canaveral City Council regular meeting at our city hall council chambers located at 100 Pulk Avenue in Cape Canaveral, Florida. I call this
meeting to order. And with that, Council Member Willis, would you please lead us in the pledge? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> Thank you. City clerk, please call the role. >> Mayor Prom Jackson, >> here. >> Mayor Morrison >> here. Council member Shiaak
>> here >> and council member Willis >> here. >> Council, thank you all for being here. >> City staff and the public joining us today. Our first item is an exciting one. We are on item number four, which
is the council member oath of office for Andrea Sha King administered by our city attorney. King, if you'd please come forward. of course. Come on down. Yes, please.
Let's take a minute or so here to get settled in. We'll pick up with our agenda. Council member Sha King, welcome to the DAS and it's an honor to serve with you the
citizens of Cape Canaveral. If you'd like to share a few words, the floor is yours. First of all, I have to learn how to use a microphone all over again. Thank you very much. I really appreciate your confidence in me and I will do my very, very best for the city, one that I love
and it's an honor to serve with all of you. So, thank you. Thank you for the warm welcome everybody. Thank you. >> Okay, so we have the agenda in front of us. We are obviously on item number five now, which is to the uh approve the
agenda as written or with amendments. Um I think we got some changes. I just got one here. I think we got word. Is Mr. Tony Bell here today? Wanted to confirm item number 6.2 under presentations of interviews. I think uh
we're going to end up taking no action there, but I don't well if it not here, we can just go ahead and pull that from the agenda and go from 6.1 to 6.3 if that's okay with the council. No one to
interview. >> Okay, council member Willis. >> Uh yes. Could we move item 111 Cape View Elementary to 6.4, please? Okay. Item 11.1
is 6.4. Are there any other proposed changes to the agenda? Mr. Mayor. >> Yes. >> Um, I really want to give with the a couple of the agenda items
that we have tonight. Mhm. >> I was wondering if we would be better serving our applicant for poet laurate to move that to January because I'm afraid that those agenda items are going to go long and he won't get the attention that he deserves. Mhm.
>> Um, so I would like to do that if that's at all possible because and I hate to do that to you to have you come back, but I really want to give him time, you know, for and consideration for us
and with the with Cape View and also um the letter in regards to the county letter. I think that we're going to end up being really stretched on time. >> Okay. So, this is item number 9.3.
>> Yeah. And it's on the consent agenda. Um, but I really was wanting to give the ability to speak to this because we spoke last time we asked for new work
and I don't want to cut cut him short. I would ask the council is there any concern with that with our poet laurette item 9.3 >> Mr. Mayor? >> Yes, council member. >> I would just like to ask the question would uh would that item have been
pulled from the consent agenda? I was wanting to pull it from the consent agenda so we could discuss it with him because he came in and discussed it one time and then it's on consent for this but we asked for additional work and that sort of thing. So I wanted to speak
to him a little bit more. Um, so therefore I would have wanted to pull I want to pull it from the consent agenda number one and thank you council member Willis but I would also like to make sure we have enough time because I do believe Cape View is going to end up you
know we're going to have some things to discuss. >> Okay. So more about either postponing on a date or just tableabling it until >> that's what I would like to do. Okay. I think uh
>> it to the January meeting so that we can give him the time >> instead of just um rushing it through on a consent because we asked him to do some things for us and I think we should give him the time um with new counsel.
>> We're going to need it. We can't do that. If you'd like a chance to speak, we do need to get in the record. That's okay. We just don't want to be talking and and we'll do that during public comment participation. So,
>> okay, that we can't well anything stated will need to go at the the podium. But thank you very much, Luke. Um I am looking forward I enjoyed the conversation last time. Like I said, I like Luke's energy and I think and I do
appreciate uh what was provided. Um I think the the item that uh Council Member Willis u moved to move forward is the biggest reason for me is obviously Cape View Elementary both discussion items tonight
are uh very high priority for this community and so I I understand that concern. Mayor Pum Jackson. Um I do not have an an issue with it. So if
we essentially under the consent agenda item, we have 9.2 we're taking no action on which is the appointment because the the citizen is not here. Item 9.3 we will
table uh we are moving item 11.1 to 6.4 and and uh taking no action on 6.2 which is the interview of that applicant and
then the appointment and that would we don't have an interview for Luke because we interviewed him last time. >> Right. >> Right. Okay. So tonight was just about the resolution. Now understanding it fully. Council, do we have u any issue with
taking that one up in January? Item 9.3. Well, really I should say item 6 point. Yeah, 9.3. I'm sorry. If not, are there any other changes to the agenda? Um, I I do have as far as public hearing
goes, again, back to Cape View and the the time and the resources, I I've had a chance to briefly go over with our city manager. I've not had a chance to meet with our city attorney. Um,
this is going to require some time, I think, from me. Uh, I've got some some questions and I am if we're doing Cape View first, I'm I'm concerned about some of the recommendations in
that item. I'm talking about item 10.4. And so unless this council was really trying to move forward with that tonight, um I would uh ask to table that one as well or or if city staff has any
concern on that. Um or we can just when we get to that, we can see where we are in time. Um >> I would be fine with tableing that >> 10.4 4. >> Yes.
>> Okay. So, let's do it. Well, I'm trying to I think it makes sense to get some consensus and we could just do one motion all together instead of uh individually. Is there any issue with >> I'll check touch base with our council
first and then I'll ask our city staff. Item 10.4 the first public hearing item. If we take that up uh at the next council meeting that we heard, council member Willis, is that okay for now? City staff, I know that uh this is a public hearing item.
Uh notices went out. Um I do not want to create more work there, but after having a chance to dig into this, um I wanted to see if there would be an issue with with tableabling this until January.
I'm sorry, mayor, if we're talking about 104. Yes, sir. I think staff would like to proceed with that and I'm happy to have director Bell speak as to why, but it is an important item and this is the first reading of this public hearing on this ordinance. This
is a significant change in our land devel's land development and permitting process. uh we do have projects underway that you know certainly can benefit from this and it's going to get these matters before council sooner as you know the approval process and it's kind of part and parcel
with 105 um I think it's relevant that we keep it on the agenda >> what about thank you for 105 what was the comment on that >> 10 well it's it's part and parcel part of 105 when we deal with the abolishment of the board of adjustment um they are
interrelated in it um but it's more It's more about keeping 104 on the agenda. >> Okay. I have several questions and I think what I was trying to do was uh give as much time and resources as we
can to these issues around Cape View and the and even the other discussion item in regards to the wastewater or the water. Um and in seeing that uh ahead um I think uh by that time um it
deserves my best focus and I think the council's best and uh in the past we've done this where we take an emotional issue and ends up coming to this point. Um let's do this. Let's just hold off on
10.4 now. uh and when we get to it, let's see where we are and how it goes. But thank you for that. >> Are there any other changes? So, I'm just going to summarize the numbered items under approval of agenda
from the top. Uh 6.2 we are not taking action on. We're adding 6.4 which is moved from 11.1 not adding we're moving 11 to 6.4. for
we are not taking action on 9.2 and we are tableabling item 9.3. If council's okay with those changes, we'll look for a motion to approve as amended, assuming our city clerk's got
that following. Thank you so much. >> Make a motion to approve as amended. >> Second. >> Got a motion by council member Willis. Second by council member Shoryak to approve as amended. Any further discussion?
>> Mayor. >> Yes, sir. >> Um just as an offering, if it gets that critical, we can always table managers matters. I can meet with each one of you individually to go over those items. Just remove that from the agenda altogether. if that would be helpful to keep 104 on the agenda and to facilitate
conversation on Cape View. >> Okay. Well, yeah, I think that's 100% your call. Um, if you want to move through them quickly or just skip over a few, I think >> we could skip it all together. I can go one-on-one with each one of you and we've talked about some of these things
already anyway. Um I just you know it's it's not as important as these other items. >> Yeah. I think a couple just for the community sake uh such as splash pads and even if it's a few minutes going through and skipping over a few given at
least an update on that one. >> Okay. >> Um would be really helpful. Um, and yeah, I mean, the city engineer position is is great to share with the community. So, I think that is uh
that's appreciated. Thank you, city manager. We got a motion in a second. Any further discussion? City Clerk, >> Mayor Prom Jackson or Mayor Morrison
>> or >> Yes, of course. Thank you. Council member King, >> four. Council member Shiaak, >> four. >> And council member Willis, >> four. Item number five, approving the agenda as amended. Passes 50.
>> Thank you. So we are now to item number six, the first one, item 6.1, which is a certificate of achievement for excellence in financial reporting for fiscal year ending September 30th, 2025. City manager, >> thank you.
>> Thank you, mayor. And uh I would just offer John Deleo the opportunity to speak on this uh matter. It's very important and it refers to his efforts and the efforts of his department. Uh thank you, city manager. Uh yeah. Um
and this just to clarify that this is through September 30, 2024. Uh and it says 25 there, but 2024 the previous year. But I just want to say that um this is as a result of the hard
work, the tireless work of what a city really needs and has is a strong finance team. Cheryl, Joey, Kelly, Donna, and without their efforts, their tireless efforts of always getting it right and
watching over all the regulations, the statute, was whatever, it's just it's just so rewarding to work with a group like that. And then I also want to thank my fellow department directors who support and the whole team that supports finance and getting us this information
on time when we're doing audits. uh and and there's so much that comes into this. So I am just I feel blessed in my position because I have such a great team. So the kudos go out to them. Thank you.
>> Thank you. Every year I've been on this DAS, this award's been given and I think that is uh remarkable. How many years have you been with the city now? >> 13 years. We've get the we got the award 30 years in a row and but it's by no means a gimme. There's a lot of things to adhere to. So, uh, but for the last
13 years, um, yeah, number 13's a pretty lucky number this year. So, >> that's fantastic. Well, echoing our finance director and is coming forward here, big thanks to our finance
department for uh achieving this certificate again for 2025. >> We can get a picture with you and director dele. We'd appreciate it, mayor. And I believe uh we get to some honorable mention on a plaque in the
hallway as well. >> Congratulations finance. >> Thank you. Excellent. We are now uh with no action on 6.2, we now go to 6.3, which is an applicant interview. The
planning and zoning board. Miss Suzanne Rider, are you here? Please come forward to the podium. And uh when you're up there, our city attorney will have a few questions for you. And thank you so much. Hi, good evening again.
>> Hear me? >> Yes. >> Just a couple questions. First, um, is formality, all the information in your application true and correct to the best of your knowledge? >> Yes, it is. >> And, uh, please explain to the city council why you would like to serve on the planning and zoning board, and don't
forget to mention your prior experience. Thank you. Um I have um spent the last couple of years here in the city of Cape Canaveral and um I work for Bvard County Public Works Department and um in my past
experience in New York State. I was on the planning board in my hometown there and um I just I I like to be involved in my community and I think that um you know being on the planning board is a is
a great place to start and get involved and be a part of what's happening here in Cape Canaveral. >> Thank you very much. I'll typically go through the council kind of one by one if they choose to have any questions. And uh
Mayor Pro Tim Jackson, let's start with you. >> Welcome and thank you for your interest on that board. We appreciate you. Um I have one question only because of the large scale projects that I know you're
working on now and have in your on your resume. Are you good with the fact we're 90% built out here? >> Yes, actually I I understand that and and I look forward to being involved in some smaller scale stuff.
>> Okay. Um and also um the the town that I served on the planning board for was also smaller and so even though my resume shows large scale projects, I am familiar with some smaller scale stuff
>> and I will I will look forward in the future to discussing with you how Fishkill got that name historically because we take them real seriously. But I'm not gonna make you do it with your laryngitis.
>> Thank you. >> But thank you for your interest. We appreciate you stepping up. >> Thank you, >> Council Member Willis. Miss Reader, I won't make you talk. >> Thank you. >> Um but uh thank you. We've had a number
of conversations and I appreciate your willingness and even from the conversations we've had, I know you're going to bring some expertise to this board and some experience and we really appreciate you stepping forward and and serving on this board as with the other
boards. So, thank you. >> Thank you, >> Council Member Shoryak. just wanted to thank you for again stepping up and uh been willing to help your city and serve on our planning and zoning board. Thank you. >> Thank you,
>> council members. Sheen, >> I won't ask you to speak either, but I noted that on your application, you have a 25 plus year career in planning and economic development, including project management of various projects and construction. We certainly can use your talent, and so we appreciate the fact
that you're stepping up to uh participate. Thank you. >> Thank you. and I echo the entire council. Thank you so much. Such a significant board, land use and major decisions, often quasi judicial and your background and and willingness to serve
is greatly appreciated. So, thank you. >> Thank you, Mr. Mayor. >> There's no further questions. I think we're finished. >> Thank you. >> Okay. So, that completes item 6.3. And with the change on the agenda, we uh
moved 11.1 up, which brings us I think as intended quickly, see some people here to uh referring to it on the discussion 11.1, which is u a a discussion
with Cape View Elementary. >> Council member Willis. Uh yes, I I know we probably got a number of people here that would might want to speak, but um uh I brought the item out so that we could uh discuss what the city has done.
This council has been very supportive of keeping Cape View open. That has been our request, our desire. Um, I know there's been several things done by the uh school board, but uh we also have had
a number of emails come in with different suggestions, different ideas, and I wanted to put this out there so that we could discuss those ideas, but uh to also get the opportunity to inform
the public of what we can and can't do. And I would defer some of that to our city attorney, but um you know, we we want to keep the school open. That
would be our desire, but we also have to recognize that we have very little legal control over that. And I think uh we might even have um our uh parks and wreck be able to
discuss the issue of the uh designation of a historic landmark as well. Um that that in and of itself uh to my understanding would not preclude
the school board from closing the school. it uh it could be somewhat uh of a hindrance in other ways but uh I will defer to or I think Molly or you have do
you have the explanation on that if you wouldn't mind >> so just just a quick overview for it um and I pull this from a memo that I had shared with um Mr. Touchberry at the beginning of it. Um Florida is very much
a private property state. People are allowed to do with their property what they want to do with their property. So designated something as a historic landmark is largely ceremonial. It does not protect anything at the end of the
day. Um there was a recent um either Senate or House bill passed that implemented fines if things were torn down or damaged if they had been moved to the National Registry. But that does not fit in this situation because the
school is not eligible for the National Registry. So, anything that we did in in an effort to designate this as a historic landmark would be purely local, purely ceremonial. And at the end of the day, in order for anything to be
protected, it has to be protected by the property owner themselves. So, >> okay. Thank you. I didn't know if anyone had any questions of Molly. >> I do not at this time. Council, any
questions? >> Thank you, Molly. >> And I wonder if uh our city attorney would address the legality of our position uh for the public if you don't mind. >> In general or regarding historic or all
of the above? >> All of the above. >> Okay. So just to follow up on on um you know staff's comments regarding historical local historical designation ordinances um those ordinances you know when adopted deal with the property
right they don't deal they would not affect or deal with the operational aspects of a of a school district. school districts have constitutional authority, statutory authority to operate, control, maintain, manage the
the school system. Um, and and they're obligated to do so. Um, that's that's their role and responsibility. the the city's responsibility regarding the operation of of uh the school districts
uh schools under their jurisdiction um does not exist currently under under Florida law because of the plenary constitutional authority of school districts to operate schools. So you know unfortunately you know the way that you know this is you know this
is set up um you know the city doesn't have control over uh the operational aspects including closure or opening of um of the schools. >> Mr. Mayor, may I ask a question? >> Absolutely. >> Okay.
Attorney Garganise, what what uh what legal standing does our city have, if any at all, if the school board decides that they are going to close down Cape View Elementary? W with with with respect to court
standing, there's there's some some general authority out there in case law that um you have to have substantially impacted interest and and those tend to be uh parents with children that are in school that would
have standing legal standing in a proceeding to um you know address school closure and um issues. Um the city's the cities um does have like inocal agreements with the school district. Um
clearly the city has you know standing to address those contractual agreements between the city and the and the school district. Um but the city doesn't have any contractual agreements with the school district that gives the city any say with respect to the closure of a
school. In fact, the inocal agreement 2014 makes it clear in my view that while there may be some procedural hurdles for the school district to follow, maybe maybe in notice um there the school district clearly um you know
retained its authority under the Florida Constitution and and Florida statutes to operate the school. So, if I can if I can kind of reward that, what you're saying is that if the school board, the school district decides that they are going to close
Cape View Elementary, we really have no option to try to dissuade that decision. The city of course has political influence but in terms of legal authority to you know to tell the school district
they can't close a school. The city doesn't have that authority. >> So they have to live with the decision of the school board. >> They're elected just like this council is elected. The school board is constitutionally authorized to make those decisions.
>> Thank you. you. I've got um I saw the uh emails about historical designation, spoke to some of those parties um at their city manager and talked through it.
And today I was able to to go back and forth around uh some of the questions you're asking council member Shaing about the legal side and our city attorney had just talked about notice and procedures referencing the
interlocal agreement. First thing is that that I want to just clarify is you know our role is obviously to make decisions for the city. We have some land use decisions uh obviously here uh comprehensive plan
and those items. We've got a committee, a representative of that committee. And as we're kind of following along the interlocal agreement yesterday, uh there was the committee meeting which is I believe
uh when the school is going to propose a closure consolidation, they are required to notify the uh COC capital outlay committee
and that committee needs to submit uh its recommendations recommendations based on consensus I believe 10 days before the hearing and I think we all know the hearing is scheduled January 20th uh early in
December just week or so ago the school board made a decision to advertise and have that public hearing item And so absolutely the school board has the
authority and to make decisions for uh the school closures and attendance boundaries. We do not control that. But when I look at the interlocal agreement governing the school
facilities planning, they do require coordination with local governments when school facility actions are contemplated, especially closures that directly impact our municipality and this does.
And so our city came together uh early November. I think it was November 4th. We met and we voluntarily came together um out of a discussion item and adopted a resolution
that stated and it was passed 50 that that we in a lot less words. Thanks our city manager provided that resolution tonight. uh that we recognize their role
uh and we would like to to work with the school board and figure out a way to not let this happen to strengthen Cape View, not close Cape View, to consider
other options and be a good partner uh with the school board that resolution was submitted to the school board and some of the senior staff, obviously the superintendent, I believe the next day by our city clerk's
office. >> Correct. >> I had a chance to confirm this morning the recipients of that and I think as of this morning, other than maybe an automatic reply or basic acknowledgement from one, we did not get a response from
the school board. And I I did not get an emails. If maybe they could email any one of us. I just want to confirm it. Did anyone receive any emails in regards to acknowledging the resolution or desire
to meet? And so that was um I don't hear any. Just making sure. I didn't think so. Um that resolution was sent. I think we all stand by it today. We're here willing. we acknowledge their authority.
Um, but that we want to be a part of the process in that interlocal agreement. I think our city attorney summarized there's really two things under section 5.3 of the agreement
uh on closing a school. And thank you so much for putting it here. In that second paragraph of 5.3 under major renovations and closures, it states that when the need for potential closures of
existing schools is identified in the five-year district facilities work program, when our city attorney wrote me back on this, he emphasized, thankfully cuz you got to read carefully here. It says or
by the school board subsequent to the annual approval of the 5-year district facilities work pram program. The school board will convene a meeting of the COC. It's the capital outlay committee we referencing for the purposes of
reviewing potential school closures a minimum of 30 days prior to the meeting. So the meeting was scheduled for January 20th. So they needed to have uh this meeting scheduled. That was uh done. It
happened yesterday to restate and at which an action item continuing back to read uh the agreement to consider school closures is heard by the school board. Such closure
information sorry such closure analysis shall be based on objective criteria adopted by the school board based on information gathered during the review. The COC will submit consensus recommendations to the superintendent or
designate a minimum of 10 days prior to the meeting at which that action item is heard by the school board. a representative of the COC shall have the opportunity to present the recommendations at the meeting of action item is heard by the school board city
manager I think sent I don't know I think we got the information I don't know if that that the design or um that it was posted today but obviously um by January 10th they would need to submit and I think it
might have even happened today >> but I want to emphasize what happened as I understand in that meeting is uh we had 13 attending in that meeting. There was a few who were not there. Um basically one
from every city or and some of the unincorporated. There's county representatives who make up this committee and uh our design uh showed up with the city council uh resolution
and these folks are planners, sometimes city managers. They're really looking at the impacts of obviously capital and and any changes that the school board would make. And I want to thank uh Mr. Ford,
Connor Ford who represented the city on our COC because I had a chance to read um what happened in that meeting and the motion that he made uh was excellent and
it did not say hey don't close this it simply asked and I don't want to misquote but to defer and and wanted more time to work with the school board that motion did receive a second and and
it failed 11 to2. So 11 of the members voted against that motion. It was aligned with our resolution and I think thought it was done excellent and a big thanks to our city manager, city attorney and everyone who
was a part of helping him represent our city as a whole. The next motion was to move forward as we just read. It instructs here and that recommendation passed 11 to2 with the two people who supported the
last one voting against and stating while against uh that motion included that whatever the school board decides that they will work with the city of Cape Canaveral and that the city of Cape Canaveral is willing to work with them.
And so, uh, that just happening yesterday. We're I think the minutes are still being, uh, finalized. There will be a a person at the, uh, the board on the 20th to submit that
recommendation. Obviously, I don't think that's what this council wanted, but I I say all that because um going back to that first line of this section, when the need for closures,
there's two ways. One, when it's ident to close a school, when it's identified in the five-year district facilities work program. So, let's just stop there. The five-year facilities district work
program was submitted to the state department of education in late February of this year for the year 2425. I think that's correct. That was for
the 2425 year. In that plan, it's got a a templated format from the state and it asks about any anticipated and I want to emphasize anticipated
school closures. None were reported in that. It also asked not only five years but asks what about 10, I think 15 and even 20 years. No mention of any closures was in that
document. So the first way to close a school, the fact that no closures were me mentioned, city attorney, I think if that was the only way, the way I read this agreement is
they would have there's obviously another way. We're going to get to it here and that's the way I think they're going down. But is it true to say that had they listed Cape View in that plan, they would be under the authority of the agreement
and be able to close and refer to it in the plan. They the school district has the option to the way I read this and the in and the statute the option to put school closure in the um five-year facilities
plan but that's not an exclusive option. >> Correct. And when I checked did they do that the latest 5-year work plan public record available to the state it was not included. No schools were mentioned as closing. >> I mean, I looked at the 2425 facilities
plan and you're absolutely correct. Mayor did not mention anything about any school closure anywhere in BVAR County. >> City manager, I see you. >> Well, no, that's correct. And uh they are including it in the plan that they have been unable to submit because the
the FDOE has not opened the website for that submission. So, it'll be included in this plan. It was not included in the previous plan. >> Yes. And I and I'm going to get I think to that very valid point and that's what I expect as well.
The second way, keep in reading, is it says so if it's in the 5-year work plan, it was not or by the school board subsequent to the annual approval of the 5-year district facilities work plan
program. So that program was submitted around early or approved early February and then submitted. So, the school board did approve a 5-year work plan. And basically, this just says as long as
you've submitted one, even though that the school may not be mentioned in it, the way I understand, you still have the authority 100% as a school board to to close. And that second one is the path they're going down. That from from my
understanding the decision to the data that was used from the consultants on the baseline was and I did not know this. I thought it was April, but it was submitted. It was
finished and submitted to the school board in December of 2024. This is the 85page consulting analysis that said, "Hey, here's enrollment, here's utilization, here's capture rate on every school."
and they identified some strategic plans and things that the school can do to address uh these decisions and facilities. Nowhere in that document did I see anything specifically stating or
recommending a closure of Cape View or consolidation or even a boundary change. They did state, you know, you can do these, you know, is a more highlevel options based on very granular data. And
so the school board needed data to make this decision. But I wanted to stop there. Think about that. That data was presented to the school board in December of 2024. What I don't understand is why the school board two months later did not
state that they were going to anticipate or consider closing Cape View Elementary. They had the data. So, so that's the the first question. Now, what can we do about it? I I'm not
sure. But the school board was then presented a second time that data in a different format as a presentation in April. And in that presentation,
there is no mention of Cape View under the boundary changes, which I believe they're doing today. They list 8 to 10 schools in that presentation and Cape View is not one of them. The only time you see
Cape View mentioned in regards to this is I remember the slide. It's slide number 70 in the 72 slides or 70 whatever uh amount of slides. And so they've got boundary change, next steps, recommendations, and then the kind of
the last one it says other. And in one little bullet down there, you can see the consolidation of Cape View and Roosevelt. That's it. It's just one little PowerPoint blurb kind of derived from some data, no
recommendations from the consultant. And then at that point we have um and then at December we we fast or the school board recently voted
to advertise to close which mean they had to do the capital outlay committee but being that they had the data I'm very confused on why Cape View was not mentioned in the school closure. because city attorney I
think they do have a responsibility in the interlocal agreement. The first one that jumped out is before submitting a five-year district facilities work program, state law, uh the rules around uh educational
facilities in the Florida administrative code, uh the statues 163, and I won't go through every one of them, but it talks about the school board's requirement to adopt an annual 5-year district facilities program
and they have to coordinate with local governments to ensure consistency. It talks about submitting the plan and I think the portal was late to our city manager's point, but it says it gives
the local government an opportunity to speak and it's about 15 days and respond and I'm still trying to verify. Have that work plan which did not mention Cape View been was it I do not know today uh but was it sent to the
city of Cape Canaveral? I'm not talking about was it discussed in a COC meeting. That's separate than than what the law talks about as I understand. And
I am not aware of anything that was sent to me that I could find and I think we did find some emails that were sent um but I don't think it was related to that. And the reason I say this is
it stated that this has been something that was talked about for a long time sort of known and statements like the writing is on the wall. Well, why just back in February was Kate View not mentioned and had they sent it to us we
wouldn't have seen anything but we could have at least had the chance to talk about it and contribute. So the procedural requirements on the school board to coordinate with the local government is where I need some clarity. I'm not
accusing anything, but we are sort of at the center stage here because it's happening in our city. And so the in when we sent the resolution that was kind of outside all this.
It was the city saying we want to work with the school board. We have not got a response. I'm not aware of the school board submitting formally as state law requires to the city. And so one of the things in the interlocal agreement under
section 2.1 talks about a joint meeting. And so that gives us the ability to meet with them. And I think to uh what our city manager was talking about is the interpretation I'm seeing from the
school board today seems to be that we will submit a work plan with no school closures as they did in February. Then they will actually vote to close this school and then they will submit the next work
plan stating that they closed they voted to close the school. And I do not interpret that that's the intent and the purpose of we should have be involved in the work plan. we should have been um given
the opportunity to to speak beyond the COC that the the city and this step where it says hey you can call a joint meeting I think is where I would like to uh go and really the way that I read it says
one or more elected representatives of the county. So any one of us individually up here or really any of the elected officials could call a meeting. Now, there's no mention on if you're required to go to the meeting,
but what I want to do is potentially have our city attorney go through some of these notes that I've been working through today on did the city have a fair opportunity to meet with the school board.
I met with Dr. Rendelle and our city manager in September. >> Yes, >> that that is it. That's the only meeting and that was really not anything that I
think relates to what this is talking about. I did meet with shortly after our district uh board member Tren Trent who was the chair at the time and the statement at this time and on the news in the media is we're
just in the factf finding stage and so this was that was September it was October and so just last week they voted to advertise and it and it's moving fast and anytime something doesn't feel right
I typically will go to the code and they're like, "Well, I think we should have been involved more." And so, if that's true, at a minimum, I would like to call a meeting, but I'd rather uh do it with the support of the entire council. Any one of us could. I wouldn't
just want to call a meeting. And um if anyone chose that'll be up to the school board. I think the coordination is up to the school board to schedule that. But if they're meeting on January 20th, I'd like to go back through the timeline and
have our city attorney prior to that meeting go through and see if the procedures were followed to invol uh to involve the city because we need a fair chance to explore some of the ideas
and to say we are willing to work with you. Cape View is in significant historically significant but also to the future as the resolution states of our city economic impact and
and it it's just we are not we are not Cape Canaveral without Cape View. It's it's a part of our identity. And so the fact that the school board did not
respond to the resolution might have been their their statement on their interest or it was conflicts or they wanted the COC to meet. Either way, time is of the essence now with the 20th. We
do have the ability to call a joint meeting and I think that's a really good idea to at least go through the resol I mean the and and and act on the resolution and get an understanding on of our
involvement and what we can do because the way I read that law it's not that you close a school then you notify the cities you notify the cities because you have to per this agreement before you can
close a school to make sure that it's consistent with the comm plan to make sure there's no impact. So, we do have a little bit of leverage there. And I don't know if a deep dive has been
done by our city attorney, but I think I can give my my notes and kind of some of the things I've talked around today to affirm this. And I got um just a note, I want to make sure um
if today is the the 16th, if we could meet before that 20th meeting with the school board, a joint meeting that
we have the ability to do that and it might be unsuccessful. No one may come, but at least we can say, "Hey, we we took every step possible and prior to that meeting to have our city attorney
put together a a an advisory opinion or whatever the best legal instrument is that we can have that says that chapters 163 and and any other chapters
uh in state statute. Um I'm sorry section 163 31777 subsection 2 which says public school facilities planning shall be coordinated with local governments to ensure consistency between the local
comprehensive plan and the school district educational facilities plan. The coordination shall include a process to share information relating to the existing and plan public facilities including renovations and closures and
local government plans. Also section three under that same statute local government shall advise. So we here's our responsibility as I read it. We are required shall advise the district school board on the consistency of the
proposed educational facilities plan with the local comprehensive plan. Section uh statute section 101 or 101335. Each district school board shall adopt an annual 5-year district facilities
work program that is financially feasible and consistent with the district educational facilities plan. And like I said, we are supposed to be a part of that process. And I have not seen or confirmed that
the state requirements for educational facilities rule 6A2 under the administrative code, which says that the fire 5-year district facilities work program is treated as a forward-looking planning document used to guide facility actions and coordination. And that's
where I'll stop and say when they submit the plan, they've coordinated with the local governments and they've submitted it knowing that they can provide and to me they're working in an inverted manner and interpreting the code in an inverted manner. And I feel strongly about this
because there's no way that they close and then you submit it in the plan after the fact. If they had the data in December 2024 that showed that school closures were happening, I don't know why that it was not submitted in
February for the for that same year. And if it was not known, what was the material change? What s what justified there was no reason to put it as an anticipated school closure in February. Well, something changed. What was it? I
can't find that that justification and they could amend the plan. And so I respect the school board's authority. I'm not trying to uh say that we can save Kate View,
but we do have a seat at this table because this school is in our district. We have our COC, but they have a separate responsibility to coordinate with us. And so with that, I would like to uh
talk about making a motion to request a joint meeting and also a separate motion um that that the city attorney can prepare a deep review, an advisory opinion on
whether or not the city was properly involved in the process. There was talked about community engagement. There is the the only uh meeting that I know was privately held for parents only. I was able to get into that
meeting despite some of the media. At first I was not, but as soon as uh it was brought to their attention that I was there, I was able to get in. But that did not make it okay. And I love that the school board met with just the
parents. But just saying three minutes during public comment is working with the city. That's really the only opportunity. And I'm so proud of our parents from Kate View and extremely proud of the children who spoke up at
those meetings. They repres represented our city very well. Exactly as we talked about when we passed the resolution. We've asked for a a a willingness to meet. We have not got a response. questioning whether or not they're required to meet with us because I don't
think it's happened as this is all required. Thank you so much for your patience to work through that. This took up the the majority of my day um as I know the clock is ticking and I'll stop there. Thank you, >> Mr. Mayor.
>> Yes, Council Member Willis. I'll make a motion that we request the city attorney to make that uh legal case, the deep dive for the process. >> Mr. Mayor, I have a comment.
>> A motion. We want to make sure you made a motion. >> Yes. >> Do we have a second? >> I'll second. >> Yeah, if if you we can second for discussion. Thank you. Um got a motion by council member Willis, second by Mayor Pro Tim Jackson. Let's discuss
that motion about the city attorney. Um going through this and addressing uh some of these questions that we have I I I but I've got a list of questions here. I
don't want to waste any more time and read them. Uh, but it's all procedural related questions. Um, is there any discussion or concern about the city attorney reviewing
the procedure for the school closure? And I would use it hopefully we would use it at a joint meeting or whatever venue is appropriate. >> Okay, that's the motion. We can dis discuss
other items, but because we had a motion, we want to make sure we handle that. Merim Jackson. >> Well, I had a comment, but it's in regards to the overall situation, not just that motion. So, if you want to vote on the motion, then I can make my
comment. >> Are there any issues? I think you support the motion. >> Well, I support the motion, but I wanted to point something out. Um because I think that if we're and I support the motion, but I think this is
kind of important to know >> because it could change the way that we have the city attorney look at this. >> I think that's relevant. What's So please >> All right. So as we look at you know the
fact that this it seemingly rushed with the meetings that were you know in your research you found that the meetings were not held the way that our interlocal government agreement potentially requires.
Um it's good to look at analysis of what's going on to determine you know what is c this did pop up fast and it popped up I became aware of it end of September
um and so what's driving this is it Bvard County Public Schools driving this is it the state driving this and here's the reason I say this particular comment Indian River County have seven schools.
Glendel Elementary, Oslo Middle, Oyola Magnet, Rosewood Magnet, Sebastian Elementaryaries, Storm Grove Middle, and Freshman Learning Center that are either being closed or merged into schools um to increase the population for those
schools due to low enrollment. Hillsboro closed five schools in 2024 and they're currently currently evaluating what schools they're going to close. Broward County closed seven schools. Orange County is merging seven schools and over
the past three years, enrollments decreased by 8,300 students with more families using state funded vouchers to attend private or home schools. And in Florida, several counties are considering merging or closing schools due to declining enrollment and
financial constraints. Orange County School is discussing the potential closure of several neighborhood schools as a response to a sign significant decline in student enrollment. the with those it's Union
Park Middle School, Bonavville Elementary, Chickasaw Elementary School, Orlo Vista Elementary School, Ecklliston Elementary School, Meadowwoods Elementary School, McCoy Elementary School. And if that consolidation plan
is approved, they would close at the end of the current school year and students would be reassigned to a new school for 26 27. Florida districts are seeing similar drops with enrollments declining by 3600 in Penllis County, 7,000 in Orange
County, and 11,000 or more in Broward and Miami Day. And that's per a recent Tampa Bay Times story that was reported. Student counts have dropped nationally, too. um we have lower birth rates, a rise in
homeschooling as well as the voucher programs and that sort of thing. So, but when you look at the number of these that are going through the similar thing that we're looking at right here for our
Cape View and all these counties are doing it. So, that makes me I'm a inquisitive soul. So that makes me want to know where is this being driven from? Is it the Breard County Public School Board
driving this? And it's a fast bus because I just found out end of September. And why is this bus going so fast that we can't even slow down for a stop to let someone on or off? So when you look at this has there been a
mandate that has come down by the state for efficiency and for that kind of thing. Now the other thing that I had looking at the baseline report that was provided for us um from the school
district from Bard County Public Schools. it was talking about the schools that are growing. Um, and it's interesting to me on this one, uh, with the observations that I made because
a lot of the areas in Brevard that have had highdensity housing projects are the very areas where we're investing in public schools, more uh, facilities, more classrooms.
um Vieiera and we know that our population growth has exploded in those areas. Um, so you know, I think some of this is lining the trends up as you know, looking at it, but does do those
areas that have lower enrollment, the question becomes, if we were sitting out in the middle of a rural area in pro in Florida, would we not deserve to have schools because AC the next county over their
population is exploding, you know. But we I'm seeing this this isn't just Bvard County Public Schools. This is a trend that is going on right now with active articles all over media.
Not just our Cape View. >> Thank you. At the risk, Mr. Mayor, yes. May I speak? At the risk of sounding conspiratorial here, I'm wondering if there isn't a move of foot to eliminate public schools um just in general be for
political reasons. A lot of people are homeschooling now more than ever. And uh we you know I mean you can't pick up a you a media without hearing about school shootings, school you know all these events that
are happening regarding public schools and I'm wondering if there isn't a move of foot to consolidate keep them all in one place where they're safer. I don't know. I'm just throwing it out there as spitballing as it as it were. But I'm shocked by the numbers that um
Congresswoman I mean Congresswoman maybe one day Councilwoman uh Jackson has mentioned that that that's stunning. Those figures are stunning. They are stunning and I'm looking at part of the um strategic facilities plan provided to
us from the school board and overall 17% of Brevar the students in Bvard County are enrolled in a charter or private school are attending home school or virtual school. And I think that a big port a big change in all of this came
about after the pandemic because guess what? >> We we sent the kids home and they started with virtual learning and that kind of thing. And um one thing I will say as someone that has uh trained
professional tech people, we I was a technical instructor and in the early 2000s we decided that techs and engineers didn't need to touch equipment. They don't need that. We can teach them online. And then after about four years of that,
we had the worst engineers ever in that particular sector because they didn't get their hands on equipment to fix it and quickly change that, you know. So whereas we had students that were sent
home during the pandemic, that is not always the most successful way to learn. It depends on the student and they're the majority of students are active learners. They're when they're active they're
absorbing and that sort of thing and virtual schools and things are not for everyone. But we've had an increase with 17% doing that um in 2023 and 2024. And then of course you know with with
that number that's going to also increase you know that or less decrease the number of students we have in our schools. No, it is. And I I mean obviously school of hope, these big controversial issues, school choice, the impacts of COVID on
on you know the parents bill of rights, all the things that that change. We saw in the data that the school board provided, you know, that dip right after 2020. Um we saw some in the early 2000s and the boom and the bust and the '08.
And but we've seen periods where where the trend went up as well. If you zoom out and go back even further than the data was provided, Cape View was I mean the trend line is down but it went up a little down come back up again down
it kind of flattened out and it just took a little dip here but it's always been above Roosevelt and uh today now Roosevelt's kind of passing and I think yes there's certainly state initiatives
and pressure and Um, I really think that we have an opportunity. It's there's no way it that that it can be that the school board votes to close a school as they're
planning to do on January 20th and then they submit that work plan which is required for the school. All those core intergovernmental coordinations separate of the COC
are are spelled out. And so I don't think the capital outlay committee replaces or supplements intergovernmental coordination. I have not received anything. We reached out did not have to with a resolution
nothing back. And so we have a 5-year work program that I think we should have been involved in COC and the government and then they submit it. And so the motive though, right, and what's
driving it th those might tell um you know, color the story a little bit more and understand uh the forces, but I think today we've got a procedural opportunity that is the motion on the
table is that our city attorney um can look into and maybe he's got some some opinions today on it before going in there. Um, Council Member Shoryak or Council Member Sha King, any other
general comments or >> anything I said didn't make sense or >> No, everything makes sense to me. I just have a couple of observations or questions and that is um first of all the the uh demographics of our city.
>> Mhm. We're I think we're aging out. Uh I don't see that we have as many families as we had for example when Kiew Elementary was built. There were a lot of young families here. The space program was just naent and the school was built for what 600 children and we
have roughly give or take 200 right now. Um so so there's an argument to be made that says well in the future are are the trends showing that we are going to increase the child the children population. Um that's one thing. Um and
the other is that uh I'm a little concerned about the the rapidity that the school board has um uh moved on this. I I I share your concern. What is driving this? What and why wasn't this mentioned prior to their studies? And
did the same thing happen in those other communities where they are closing down schools as well? Were they caught by surprise as we are? And those are my comments. >> Thank you, Council Member Shott.
>> I think another contributing factor is how many Airbnbs we have in the city. There's no place for families to live. So, but our our uh supply of children is limited by that plus the veter program and we're at private schools and all that stuff that we're kind of uphill
battle here and those are the there's some ways and even that expensive consultant report acknowledged what you said council member Shoryak and we all know that reality Cocoa Beach has the same problem we have and uh so merge them and you'll
get to 90% I think it's like 270 students They're both about 50%. But that consultant report made some uh recommendations on how to improve enrollment. And if the school board says
we went down that the four or five recommendations, we might hear that. But we have not I've not seen them explore some of those ideas. And I think we are willing to get involved
and if it means resources to a certain extent, if it means just working with them, um partnering in the community, my big thing is whoever was in kindergarten can
go to first and they won't miss a beat even if it changed and you're not going to decline any kid uh child to to get into this school as as it is uh who's a resident of our city. But some of the
ideas in addition to historical um uh that was presented with the the the folks who's been here is uh you know looking at magnet looking at charter uh not from the the I think the side of
concern with the school of hope but looking at uh opening up a specialized focused uh school that would be attractive. We have uh the marine sciences that's been
discussed over the years. Kids would say, "I want my kid to go to that program." Cocoa Beach has got the the lab. We've got the aquarium coming to Bvard right here. That was a $140 million private fund raise with Bvard
Zoo. And perhaps some conversations there with those private stakeholders in our community could come in and layer in some of the uh
specialized and focused school programs. We obviously have the space industry controversial at times, right? But you know is we know that space boom you talked about council member Shay King is we are seeing a trend potentially coming
back a lot of jobs and so what if that building could be repurposed to say Cape View continues and now we're going to actually expand the curriculum for them because we've got these private partners potentially public partners I'm not saying but save it keep it going make it
a dynamic school on arguably the nicest piece of property in the whole school district and that presents a great opportunity. Uh we've talked about parking revenue on across the street on that property they own at Cherryown
Park. What if parking revenue could be shared with ongoing expenses with the school? It's their property. You know, we spend money on a lot of different things, but nothing in my opinion uh in a lot of these uh departments is more
important than protecting the character of our city and that residentially zoned all around the school. That 90% number as the PTO president Rej had said and I you know anytime somebody says a number you go and it's true you can see
the pins drop. I mean, these kids and families moved here, and I know that, yeah, they'll get on a bus, but what happens when little Timmy or Sarah uh get sick at school and and they normally could have walked home or their parent could have walked over who maybe didn't
have a vehicle and and just that those things. I don't have the solution. I have ideas. I know this community has ideas. They've shared them. I think the school board and that's what the resolution as I interpret is let's think
outside the box but we're staring at January 20th now and they're going to close it and and to date we have not been involved in that process and so we can do this if we work together but I
would say there's no hope if if this if the school board's not willing to do that and so I think they have to it it's some capacity and I'm not sure that that was followed and so space marine
sciences uh hospitality is obviously big here and I think we're seeing trade schools and impacts adult education you got a great piece of property you got a great partner with the city of Cape Canaveral you got a passionate parent base an involved community
why are we staring 30 days out at a at a closure we accept the enrollment numbers. I get it. I see it. But let's look at the trend potentially reversing. Let's look at what we can do. Let's take
some of the other recommendations. And so if the city attorney with the motion on the table was able to go in and verify and say yes, uh because the 5-year facility work program did not identify K view for closure.
Does that support the city's request for additional coordination prior to the final action? I think it does and we haven't had that coordination and uh that's it. And I know each of us
up here have have ideas as well, but between I got some crazy ideas that are actually really exciting. You know, that's a big property and sea oats planting and agriculturally focused schools. I mean, why are we not having green houses out there and the kids are going in and we're not buying our sea
oats from Sarasota? They're growing them there. They're growing mangroves there. the aquarium uh and all of that is is working with marine sciences parents from Palm Bay will will and further we'll say I'm going to drive my child to
that dynamic school. Um and Cherry Down Park again right across the street is an asset that the school board largely owns with the county operating. we could could look at making that park
a revenue maker and maybe we repurpose that to help keep this school going. So >> that's it. Yes, Council Member Shy >> thinking long term, let's just say we did somehow manage to keep the school open another year or two. Can we look
into uh I guess increasing our enrollment by somehow restricting the Airbnbs or restrict them to a certain zone or something and not have quite so many because where another thing where where are we going to put kids where families going to move to because if everything is trending into short-term
rentals we're you know kind of spinning our wheels. >> Yeah. the um we're somewhat fortunate because we have a seven-day minimum and they passed a law uh not too long ago, our city attorney would say, but we were grandfathered in. And so if we were to
ever, you know, we can't make it more stringent. We can't say no, it's going to be 20 minimum 21 minimum days or a 30 minimum day now, uh we can I think relax it, but I think if we amend it at all, right, city attorney, it's gone and
irreversible. I mean, under Florida statutes preempts municipal home rule authority regarding the um you know, the regulation of um of short-term rentals. And there's limited um things that the city can do. And what the mayor's
alluding to is that we have a very old regulation that's been on the books that's grandfathered in on a minimum 7-day uh rental requirement. Uh but the city could not prohibit um um short-term rental on any dwelling unit in the city.
Unfort Unfortunately, in the old days, yes, not anymore. >> And I would like to to state I have said and I still feel like the timing for
closing this school is wrong. Okay, our state came in first just recently in foreclosures. The market is dropping, not in our area as much. Um, but the prices are dropping
somewhat and properties are sitting on the market a little bit longer. Now, there are also a lot a good number that you see of these short-term rentals where these people that came into our area during
the pandemic where maybe they were in areas that were more restrictive, they've bought property here and back then we had guests all year long, every day, in and out, in and out all day long, every day.
Now the numbers are down. Um I I've spoken to hotels, they're down like 35 to 40%. Um the short-term rentals are down even lower than that. And we've got short-term rental owners that are
looking for long-term guests for renters. Um so I do believe we're still going through a market correction. As I've discussed, I feel like this is premature to close it. Now, there has been there
have been cases in cities like New York City where they would sell uh close a school and sell historic property or property that was in a certain area of the city, get crazy money for that and then only turn around later to have
because their projections were wrong to have to purchase property again at a higher price to open another school back up. So, with the real estate market the way it is, I just wish there was some
way we could delay it even a year >> to tell what this market is doing. >> Yeah. If they were submitting the work plan for the 2728 school year, >> okay, that that's the notice that I think you would do to close the only
school in a city. But to think we're, you know, working sort of in real time here, >> Council Member Willis, >> Mr. Mayor. Well, we can have the city attorney look at the procedural process that they went through, which could
possibly uh show some deficiencies in their process that, you know, without giving false hope, >> if they didn't follow the procedures properly, if we've got something to to show them that they didn't, uh maybe
that could possibly delay it some, but we don't know. We don't know until we look. So, >> and it might be yes, we did, but it's corrected in this simple manner. I just want to see it at the table for before they make this major decision that's going to impact us because it'll be at
the tipping point as council member Shuryak. I mean, you know that we have a lot of short-term rentals today. There's very little we can do, but if this happens, uh, well, now, why does a family want to move to Cape Canaveral? they would be more inclined to move
closer to Cocoa Beach because you have three schools there. And so Cocoa Beach I understand probably likes this and I get it. And we're not saying Roosevelt needs to come here. I'm saying we can can we can make Cape Canaveral
stand on its own. I love I I think our city attorney if you I know I I kind of talked through a few of those things, but procedurally. Um, is that something maybe have you heard anything you can address now or be willing to to circle
back and take a look at? >> Mayor, that's something I'll have to take a look at um to get a more complete and accurate, you know, procedural um history of how this whole decision making process got started and how it's
how it's currently flowing. I don't have a a complete picture. I don't believe in in any stretch of the imagination. >> Understood. I think um thank you. That would be helpful if there's we do have the motion on the
table uh to request our our city attorney an advisory opinion that or the memo whatever. >> Yeah, that's my understanding. council just wants some uh you know legal information and and advice regarding the
the procedural aspects of of this uh decision-making process that the school board embarked on >> regarding the closure of um Cape View >> and some of it you've done in pieces and kind of handled questions separately. I've handled a lot of one-off questions
looking at things and also obviously looked um a little bit more thoroughly at the the whole historical designation issue just questions fielding questions about the general authority of the school board regarding operations and closures
>> but I don't have a complete factual history of what's going on on the procedure and notices and you know and you know that been may have been sent to the city or not at all. I don't know. >> Thank you. I think that would be
helpful. Um and council obviously that we got the public here. We had a chance to talk about it. We moved it before public participation. Um, but I would say if if during reports when we get through with the agenda, if we want to come back to anything because I thought
about once we hear public comment, you know, we we can come back during I think reports or or I don't know if we can uh bring the agenda back up. It's just a discussion item that you submitted. So, um, I want to say when we move on from
this, whenever that happens, after we hear public comment, I think if we wanted to come back to it, is that appropriate, city attorney, a due to the order? >> Um, >> I'm I'm sorry. Come back to what issue >> we've taken this up before public
participation today. And in the event the public well I don't have any cards I think specific to it so maybe that's non but in the event somebody does speak on it we can come back to it uh just to address anything.
>> It's a discussion item. >> Sure. I mean okay >> I mean you moved it up for you know discussion and decision making. So >> yes >> I mean you can take the issue back up after public input >> certainly but you do have a motion that's on the floor that hasn't been voted on yet. Any more discussion on
that motion? Seeing none, city clerk. >> Mayor Prom Jackson, >> four. >> Mayor Morrison, >> four. >> Council member King, >> four. Council member Shyak, >> four. >> And council member Willis,
>> four. Motion as stated request help from the city attorney on the items is pass 50. The next motion is uh to to or discussion I would say is to request
a joint meeting. Um if if a joint meeting was called by even someone from Palm Bay, which I think they literally have the authority depending on the date. It's a little vague. I will do my absolute best to be
there. I you can count me in uh pretty much it under any scenario other than an emergency or something. But would this council hopefully uh I would say if we could all be there that'd be the best case scenario. Easier said than done,
but I think we had a strong resolution. And in fairness, two of the members uh who supported that resolution are not here. We have two new members, too. So, if you would like to reaffirm that resolution or if you have any issue with the resolution, uh I'd say it's a good
time in the next couple weeks to look at that. And um that that's certainly in your right. Um so do I would like to request a joint meeting, but I want to listen to my council too.
So what are our thoughts with that? >> Um Mr. Mayor, if we're going to do a joint meeting and I mean we before we had a solid majority that were in favor of trying of the resolution.
Can I um suggest that we make it and ensure all of council can be there that are in support of it and that would have to include our clerk as well. >> Yes. And I think once the city attorney
gets in, he will naturally go over that 2.1 of the interlocal and kind of how the meeting one or more elected representatives of the county or the city shall meet if requested by any of the parties. We got that. A representative of the regional
planning council will also be invited to attend. So, uh, the joint workshop sessions will provide the opportunity for the county, the cities, that's us, and the school board to discuss the board's 5-year district facilities work program.
Um here reports discuss policy set direction and this is good big one and reach understandings concerning issues of moral mutual excuse me issues of mutual concern regarding coordination of land use and school facilities planning
including population and student growth development trends school needs off-site improvements and joint use opportunities. The parties can discuss opportunities to colllocate schools with the other public facilities such as parks, libraries, and community centers to the extent
possible. Last sentence, a designate of the school board shall be responsible for coordinating and convening the meeting upon such request. So, if we want us all there, I think it would be prudent that we try to find at least a couple of dates that would work for all
of us. And uh maybe if that's not tonight, we could make a motion to request a meeting and once we get in front of our calendars could submit that and um our if our city manager can help us with
that and city clerks. I think >> mayor I interpret 2.1 to state that you notif or the the city notifies the school district and the school district responds and perhaps the potential dates
for meeting would be up to the school district and as much as the uh the council all wants to be together for that fact um the there is a provision for one or more elected to attend >> and I mean even If the school board does
choose the date, I think it would be helpful to them to know, hey, would no matter what you choose, right? We are all available. We would all like to be there. Here the the date, the best date, here's the next best date. >> Would the council be able to consult their calendars this evening in the
interest of time? Um, >> yes. So, there's two things we want to give the city attorney. >> Mayor Prom says, "No, sorry. >> I have too many calendars and two of them are sitting back on my desk. So, in anticipation of direction to
reach out to the school board, um you can either direct myself or you may can reach out. Um perhaps tomorrow the uh members of the council could present dates that they're available for such a
meeting and then whomever reaches out to the school board will have those dates in mind. >> Obviously, we're upon the holidays. That's excellent. I think next week's tough, the end of the year, New Year's. I mean, really, I'm thinking if the meeting's on the 20th, want to give our
respect our city attorneys time and have enough time to to go through and uh try to set a date in advance of that January 20th meeting. So, council, when we have a time to do it, those first uh that week of the 5th through the the
9th and the 12th through the 16th is what I'm leaning towards. That week of 5th through the 9th might be best. And I'm happy to make that request. I think an elected representative sort of has to make that request. Um
>> just point of clarification on that 2.1. >> Yes sir. >> Um that the way I read that the party itself has to make the request. So you you were right at the beginning of the meeting when you said it's it's a decision that the city council makes because the city is the party and you
know I would suggest from what I'm hearing that um all of you as a governing body would like to participate in that meeting. So, so the council would have to vote to um request a joint
meeting with the with the school board under 2.1 and advise the school board that the city council as a governing body would like to attend that meeting. And then then 2.1 says that it's one or more elected representatives.
It doesn't have to be all of the elected representatives, one or more. Mhm. >> Um but make I would if that's the direction the council wants to go just make it clear that the city council is the one that's requesting >> yes >> the meeting and that the city council
members as a governing body would like to attend that meeting as a as a body >> and perhaps you would also be the best to help us draft that request. Certainly. I'll help the manager >> and make sure we're
>> and we'll >> Thank you. So, council, >> don't we have a motion on the floor already? >> We just voted on it. >> Okay. >> We got the motion that we >> dealt with that. We don't have one yet. >> No, I don't think we have a mo motion on this one. Okay. Yeah.
>> And and >> make a motion to request a interlocal agreement meeting with the school board by city council. >> Joint workshop. >> Joint workshop. Excuse me. >> I'll second the motion.
>> If I state this wrong, correct me in the intent of your motion, but I think we have a motion here. Council member Willis and seconded by Mayor Pro Tim Jackson uh to request a joint workshop session per section for the
>> section 2.1 >> 2.1 city attorney. Is that >> on track? >> That that's consistent with my thought, but there's a second on that. Um, >> I just need to >> it was so I just just procedurally on
that the first motion that you made was really just a direction you know to get some legal information and advice from me. I mean that's attorney client matter. Um, this one is a is technically a a decision that the council is making
regarding uh request under the in local agreement. So public input would be required solely on the issue of whether or not the council should proceed with this request for a joint workshop
pursuant to um the sunshine law >> and so >> we have to open it >> taking it is it appropriate if we took public comment now >> before you vote before the council votes public input solely solely on the issue
of whether or not this request under 2.1 of the analocal agreement should be made to the school board. It's not about whether or not closure is right or wrong or you know procedural issues. It's just
whether or not the council u you know before you vote on this motion to request the meeting. That's the only uh public input. Anything else would be out of order. Understood. Well, council, if there is
there any questions before we go to the public and and ask that city attorney, you correct me if I get this wrong, but uh we are going to go ahead and open up public participation uh to seek public input uh solely on
whether uh this city council should make the request for a joint workshop session under 2.1 of the interlocal agreement. >> Correct.
>> And we ask that you uh please speak to that item. Um and I've got two cards. Is that for the item we're talking about now for Okay. during public participation. This is a public participation portion.
seeking public input solely on whether the city council should make a uh joint workshop session request with the section 2.1 of the interlocal agreement. If anyone would intend to speak, please
come forward please Dr. Roberts on on that matter >> just to help document our public interest in this. I think it's a wonderful idea that you're suggesting this joint meeting and I think it speaks to something you all um mentioned as
part of the discussion you all had um the value of Cape View to the unique characteristics of Cape Canaveral because as you all pointed out we are a rural comm community. We are somewhat rural in our own way because we're so small. But I think it's so critical and you mentioned this mayor in the
beginning that it's a heart and soul and great part of our city. So I think that significance would come out in that joint meeting and I think procedurally if I could mention that I think that's a wonderful point that you all would be making that you were anticipating this if it had come to your attention earlier
and this is our city's way of trying to ensure our engagement in that decision making and discussion. >> Thank you for your comments. Any other comments from the public? Yes, please come forward and we do ask
you state your name and rej. Thank you. >> Good evening. My name is Rejesh Ravi Sankar and um as regards to um the city council's um joint workshop with uh the school board um on section 2.1.
I would highly um encourage and implore the city council to um have this workshop because um the capital overlay committee meeting happened yesterday and I am going to submit PRS to get more details because um transparency is
something that they're not known for. So um I will provide that information if that would you know arm you with data going into the workshop. I'd be more than happy to. But thank you. >> You
other comments? Hi Pam, please come forward and state your name. >> Hi everyone. I'm Pam Lancaster. I want to thank each and every one of you for your support for Cape View. And I loved your comment, Mr. Mayor, about without
Cape View, Cape Canaveral is just what did you say again? It just hand in hand. We just go together. We really do. And I'm very grateful for the input for each and every one of your council members. And I am in full agreement of
getting together with the board. Uh it will that be open for with for public as well or would just just be between the board and the council members? >> I think we're governed under sunshine law, especially if there's two or more of us in the same room on this board. A
city attorney, I think, reasonably accessible to the public. Right. >> Yes. Sounds like it. >> Yeah. Sunshine law requirements would need to be met. >> Terrific. Well, thank you very much and we're all for it. Thank you again.
>> Thank you. Anyone else like to speak on this this motion here? >> Hi Melissa. >> Hi. Just in case you need a decent number of people on it. I'm absolutely for the joint workshop. I really
appreciate you guys putting in the time to figure out to pull out all the stops for us. So, thank you. >> Name and address, please. >> I'm sorry. >> Name and address, please. >> Melissa Bass, uh, 248 Coral Drive. >> Thank you. Thank you.
>> Thank you. >> Anyone else would like to speak, please come forward. Appreciate the comments. Seeing none, we will go ahead and close public participation. City clerk's office, did you get all of the names and and the information you needed from the
I believe four speakers we just had? >> Yes. Thank you very much. >> Good. Thank you. And thank you all again, council. We've got the motion, we've got the second. We seek the advice of our city attorney to give the public the opportunity um to give us input
on whether that motion that was made should be made. and that request. Uh is there any further discussion? Seeing none, city clerk, >> mayor prom Jackson, >> four, mayor Morrison, >> four, >> council member King,
>> four, council member Shiaak, >> four, >> and council member Willis, >> four. >> Okay, the motion passes 50. And thank you all. uh for that I cannot emphasize enough how proud I am
and that and that it's so important to to maintain our our professionalism uh throughout this process moving forward. Uh but as we head into the 20th um we bring our stories, we bring our emotion and I and we want to have a
chance to to try and and set change the trajectory of this decision. So thank you again. Um, we've got the I think if we should do I've got uh four cards here for public
participation. Uh, unless do we seek the public participation and then we can maybe take a break. Um, >> yes, I'm for that. >> Okay, does that sound good? If we need to take a break now, we can do that, too. But I figured we could knock these out and
All right. The uh Mr. John Benton, >> Dr. Shannon Roberts. Moving right along. >> Brilliant. >> Shores Drive here in Cape Canaveral. And um thank you very much for that discussion. And it brings up one of the
points I was wanting to raise if I could and that's the significance of master planning uh and strategic planning and I think from the residents perspective at least I can speak for myself and some of my neighbors that we've had discussions about the city is it so helps us with
the communications with the public with the residents if we had master planning almost in categories if I could suggest that you all have mentioned storm water I you know mentioned accessibility for the public Um affordable housing is another issue that's so important to the
community as well as other areas in the state and the country. Um resource augmentation. You all talked about several ways to go about getting additional resources. So we talk about the civic hub or other initiatives you all want is to explore the opportunity
to get resources from other sources. there. We talked about our relationship with the port, for example. Um, and also walkable communities. I'm just mentioning subjects that come up, if they were outlined in a format that we could see it. So, it's just not
peacemail, you know, we even if they roll over, it would be helpful to us. Um, the historical preservation, you already mentioned that. I'm so glad personally that the moon hut is now managed by Sunrise Diner because we're able to preserve that. And I I don't
know that we've designated the Moon HUD as a historical site, but I'm just mentioning the significance of of that. And then uh green space and then management improvement. You all have heard me talk about process um improvement. And tonight you even talked
about it, you know, the process that the the school board is using for involving local communities in something that's proposed to close the cities. And if there's a process that you all would able to see with them to document that process, we wouldn't get have gotten
lost in that translation. So that's where again I mentioned management improvement is another opportunity for master planning on what we can do to get software etc etc to improve our management processes. So again, my major
observation is to have a master plan for the city so that it makes sense as a whole to see where we're going with each of these different categories of initiatives because right now I just never know where we are right now just as a reading member of the public, listening member of the public of your
residential community. So thank you. >> Thank you, >> Reesh. Good evening once again. My name is Rajesh Ravi Sankar. I am the uh president of Gate
View PTO and um I wanted to um talk about uh the Airbnb that the council member Shoryak was talking about. Um, Airbnb has come out and put a statement flat out that they are not responsible for the decline in enrollment and they
were pointing to the voucher program that the state runs. And the voucher program costed $4.2 billion in 2024 and um it it alludes to almost $8,000 to
$9,000 per student in the state. So that is a capital expenditure that the board conveniently does not bring into the picture or does not want to be addressed. Again um knowing that they uh knowing that how much they love
transparency it's it's it's very evident and also I wanted to um talk about uh the capital outlay committee. They met yesterday. I um do not have any financials or data from that meeting and also the previous work
session was held um behind closed doors. Um it used to be um live streamed. So again there is no data from that work session. So I've been uh busy submitting um public record requests one after the other. and to get more data that we can,
you know, use to, um, strengthen our case to, you know, keep KP open. And another item, um, the marine, uh, research center and, um, bunch of other programs that would benefit the schools
stay open was discussed. I wanted to, you know, uh, talk about a program that we spoke with University of Florida. They have a um entity called Florida Semiconductor Institute. We've spoken to them. It was me and uh Miss Lancaster. We had a chat with the person who runs
that program and they are ready to train the teachers to run the program on site. So they can um they have programs ranging from K all the way through six. So it's uh intro introducing basic
semiconductor um electronics to kids from K all the way to six. So that is something that could attract um talent and more um enrollment at the school. And I I've reached out to um Lockheed
and Northrup through uh uh my friends who work and um to see if there's any interest in them either running a STEM program on site or if they can you know partner potentially with the school to
um either give a grant that can be used towards um running a STEM program because we already have um Captain Winston Scott center um for for STEM at the school. So this is what we have in
>> Thank you. >> as planned. So thank you. >> Yes sir. >> Melissa Bass Melissa Bass 248 Coral Drive. Um just wanted to um thank you all again
for your the work you're doing and we're doing everything we can on the parent end. But um I think that we do feel like this vote is inevitable as it stands right now. And so hopefully this work session can happen and we can gain some
ground. But I wondered if just in in the interest of getting as many people to the meeting on the 20th if there is a way for the city to advertise the meeting or if there's a way for a citizen to submit something to the uh the weekly update or if there's any way
that we can work together to get the word out to get as many people to show up for us as we can because right now I guess feel as a parent the only thing I feel like I can do is bring my buddies to the meeting. So, if there's any direction there, I'd love to hear about it. But, uh, I'll be in touch about
that. I know you can't talk back and forth right now. So, anyway, thank you. And, uh, we got our fingers crossed. >> Thank you. That concludes all the cards that I have at this Oh, got one more coming up. Thank you, sir.
>> Okay, Scott Lancaster. Hey, Scott. >> Hey, Mayor Morrison. How are you? Thanks, everybody. Um, you know, appreciate you guys taking the time to talk about Cape Canaveral School. My wife and I moved here in 2017. Uh, three of our kids attended Cape Elementary.
We walked our kids there, took my day. It's a great schools. You know, we subsequently moved to Merit Island, but we still feel Cape Cana is part of our home and my wife teaches there now. And so when we heard about this possible closure for Cape Canal was totally
devastating because the the school, you know, especially an elementary school, but any school within a town is is part of that town as as you've mentioned before. And it's critical that it's it's like the heart of our community. And when there's a separate agenda or
reasons why something has to get closed, it's very tough on that community because it's going to have a major impact on it. You know, I think we there's mention uh in here school vouchers, one of the reasons possible Airbnb stuff like that, you know, decline in enrollment, stuff like that.
But the bottom line is, you know, if you look at like Arizona, Arizona has the same similar voucher system as Florida does. They've lost 25% of their public school uh population and have closed many many schools. Um so it's not just
indicative of Florida. It's, you know, many many states are are looking at these voucher programs. I'm not saying that's the only reason why it's causing decline. There's many different reasons why things happen. I understand from the school board's perspective that, you know, you have to move money where the population is. That that makes sense.
But in the end, we have to look at from the community perspective as well. And it just seems like to me this has been rushed so quickly. I mean, we found out about it, end of October, November, they had a presentation for all the parents at Cape Canaveral. And it's like the the
decisions already been made. It's like it's very clear they're just doing this for the point of, you know, to follow the transparency rules they have in place. But, you know, as as a, you know, former, you know, parent for kids that went to the school, it's it's it's devastating. And I don't understand why we have to push this through. Why can't
they give us a year, you know, to review this, look at this, look at possibilities? There's no interest. It appears to me there doesn't be a lot of interest from the school board's perspective to look at these creative ideas to say, "Hey, is there a way we could save this school?" Right? It's just like, okay, let's just make a
decision, get it over with, move the money somewhere else, and worry about that another time. Right? And so I just, you know, I just feel that we just need to take a breath, step back, look at this, and is there a way that that can be done? I know that they probably
already made the decision. They they did the preliminary vote as Ford is just one extens one abstension, but Ford already voted to to close in the preliminary voting. It's like, why have the transparency if you're not going to listen? It's like all we ask is just sit down, talk, listen, is there a way we
can do this? And and there may be other agendas that at play. We don't know. But you know, the point is the community needs this school desperately. I mean, it's part of the, you know, you talk to many of the parents that walk the kids to school. I mean, it's it's very going to be very difficult for the kids to be bus there. How are they going to do
before school and after school activities? They have separate buses. I mean, it it just doesn't seem to very well thought out how this is going to be executed because it just seems so rushed. >> Thank you. So appreciate you guys taking the time to look at this. You know, heart goes out to you guys. Thank you. >> Thank you.
>> Any other any other folks who would like to speak on this item or any item? This is general public participation. Doesn't obviously Kate views top of mind. That's all the cards I have. And so with that, we'll go ahead and close public
participation. Council, that brings us back um to the manager's matters. I think at this time, let's take a a a break. It's 8:05 on the clock. Try to be back by 8:15 and and I think we're we'll be able to move
through the rest of the agenda. So, thank you for moving that forward and uh yeah, we'll reconvene in 10 minutes. Thank you. always hate having to put this stuff back. I'm really bad about that.
Your agenda item was cake view and you're eating and you didn't bring it to share with everyone. You know the rules in school. It's impossible. >> The rules in school is you if you're going to bring it for you, you got to
share it with everyone. >> But after a long day today, I get it. >> Oh my goodness. That's not enough. It looks like she was baking for you though. Alrighty, we'll get started here in just a little bit. Thank you for your patience and uh on the recess.
Ready to go. Awesome. Call the meeting back to order. It is 8:22 p.m. We are uh just completed the public participation portion of the meeting. Item seven. We are now on to a potential item eight. We discussed this
earlier with the city manager uh under manager matters information about the various projects. I had mentioned uh item 8.1b just an update on the splash pad and obviously if there's anything else uh but the city manager ex uh
expressed a desire to try and uh spend some time needed on the public hearing item and uh council uh well I'll city manager the floor is yours. Thank you, mayor. I and council, I can go through all eight of these really quickly. I think um item
1A, which is um under a facilities update, the air conditioner unit. Council may recall that uh last meeting we discussed the need to uh replace it. It it it fell short of the mark. We hoped it would make it all year. So by unanimous consent, the council accepted
our recommendation to do so and directed us to proceed towards seeking methods of procuring the replacement and installation of the city hall air conditioner units. And you approved ex uh spending up to 350,000 to do that of our current fiscal
budget. And um we do have Lisa Day here who can add some finer points if we need to get there. Uh as she is our facilities manager and and has been uh she and Tim uh Carlile are both here uh as our capital projects improvement uh
capital projects director. Uh and so um to procure the replacement um method, we did are able to piggyback on a contract in existence with the school district and that would be uh through the company um Southeast Services of CFL
Incorporated and um they have provided us with an estimate for two different AC units. Um one would be the carrier and the other would be the train uh version. Uh the highest cost would be the train at 232 just over 232,000.
Um the carrier would be about 10,000 less than that. And we are currently doing a sidebyside comparison with those two units. We've not made a decision, but they do have the, you know, the protection, the salt air, sea air type protection that we've been discussing.
Um, and we do have to do uh some our due diligence on some software uh to operate these um these units. Uh so we're looking at a total cost of potentially up to 270,000. Uh we're looking at, if I'm doing the
math correctly, saving potentially or or spending less than what we earmarked for, maybe coming in at about 80 to 90,000 less than what the council has allowed us to spend. So, we're really just providing you with an update and the direction that you gave us. We're
sorting through those two units and the process that we'll go through to work out the software component and uh we hope to make a decision soon and hopefully by next meeting I will be bringing you the information on when the project will start. Um we have um some
logistics to work out regarding you know the site. We'll have a crane here. We're going to have to remove the old units, install the new units. There's a lot of logistics to work out. Staff has been working diligently on this project and we'll keep you all informed. Um, and if there's any questions, the three of us
are here can answer them. >> If not, we'll move on to the next item. >> Thank you. >> I have question. >> Yes. >> What type of warranties things are these new air conditioners come with? >> What type of what >> warranties? >> Warranties. Um Tim, you have the
information on that and feel free to come to the microphones up here at the table. The warranty on both the units were a year of labor, a year of parts, and then after that for the compressor components of the AC unit, it was two. There's a
two split fiveyear. I didn't really look into in detail what the 25-y year was, what it meant. Um, but I can I can find that information and come back to you guys. >> Is that pretty standard for commercial? >> It is. It is. Yeah, because both of them
had the exact same warranty. Carrier had the same warranty as a train and train had the same warranty as carrier. So, >> all right. Thank curious because I know residential, they usually give you 10 years of parts and that kind of stuff. >> Yeah. With commercial, if you're dealing with anything with commercial, they they
They chop your legs off. So, thank you. >> Any other questions on that >> item? Thank you. >> Well, thank you. Then moving on to the splash pad. Uh this is um the the
process we've all been waiting on. We did open it up and run it briefly to test the electrical um pumps and so forth. Uh and uh we did have some more electrical work done. We are currently waiting on confirmations from the department of health both locally here
in the county and the department of state. We're waiting on those inspections so we can be issued the permit. Uh so I wish I can give a better update on that. We're at the mercy of both the department of health locally and at the state level, but we are moving forward with that. Um Nancy
Hansen Center, we're entering the design phase for interior work. We're going to have an initial site visit scheduled for the second week of January. we could not move them any faster with the holidays uh to come and do that work for or you know give us that look see and we uh
hope to come back to council with um some better information on exactly what this project would entail once we get in there with that group. The concession stand we're painting the upstairs interior and once complete there should be no additional work to be done on the project and we won't be bringing this
back any further. It should be done soon and then be fully operational. And Canaveral City Park was mentioned earlier that playground equipment has been ordered. We are waiting on a tenative ship date ship date beginning
uh February and the site prep meeting will be tenatively scheduled for mid to late January. So, we are moving forward with that. Again, we're at the mercy of the equipment provider for that. We did have on the list damage to the FPL meter at the public works uh services. We tried to get an update from those folks
as to what caused that. We have some, you know, we're speculating a couple different things. Um but uh we were alerted to it when they told us that it wasn't registering on their their end so they couldn't charge us and so we don't know what our bill is going to be because that equipment hasn't been working. But um we do have electricity
out there and we'll get a followup from FPL hopefully before the week's out on that. And uh I did want to um since we're in uh facilities update um I mentioned this at a recent event where several of you were in attendance um but
but because this pertains to a facility we would did want to make the public aware that um the Florida Department of Environmental Protection uh did the an inspection of our facility on October 27th and based on the information um you
know we passed that inspection with flying colors and we are in compliance. with the Florida Department of Environmental Protections rules and regulations. This was an exhaustive inspection effort. It can take anywhere from, you know, half a day to a full day. And they were just there for just
about every bit of that. This happens every 5 years. Um, we haven't had one in a while due to COVID. Um, every five years they do what's called a sampling event where they take random samples of what we're doing out there. And uh so they did that with our staff and
everything passed with with flying colors. Um they they basically two to three hours in office going through files and records and so forth and and just put our staff through their paces and uh so Jessica Erdman is here our deputy director if anyone had any
questions about that process. But uh we're we're very happy that to be in compliance with that and we look forward to another stellar report next year. And I just want to commend that the entire staff for the work they did for that. We have a city personnel update. Uh we
uh didn't offer a job uh to an engineer and we look for him to be starting January 12th. And once we uh he gets on board, we'll be able to bring him and introduce him to council at that time. And um all of our department heads are really wanting to work with that
engineer. They have projects they want to get him busy on. So, so we're excited for that. We're still looking for a records management specialist. We've we've received a number of different applications and we're combing through those. Uh we're interviewing for a utilities mechanic. We have some
prospects there. Uh we interviewed one today. Um and so we will continue to look at that until we've we've uh determined the best one for that. while we're doing personnel uh just some additional shout outs which is these are the types of things I would like to
include in managers matters when we do city personnel update it's not just about uh what openings we have and and and positions filled but we want to give a shout out to our employees for exceptional work and as mentioned in that prior gathering I was telling you about uh we just want to congratulate
multiple employees uh for their efforts uh regarding um the community rating system uh cycle verification Uh this is an arduous process as well that we went through to get insurance rates reduced and as a result of efforts
from numerous staff, our resiliency division, Abigail Holmes and also in particular our um capital improvements and storm water Tim Carlile and uh and Laura, they did a great job providing additional information and we just are
very grateful to their efforts uh to bring this 20% discount in insurance rates to to our local residents and we're going to try to continue to bring that down. Um, and lastly, we did want to give a shout out to Connor Ford. He's our planner and he was elected to the American Planning Association's Atlantic
Coast section of the executive committee and uh you know without getting uh too uh deep into it uh he'll be able to represent the city at this level and and bring back a lot of information and innovative ideas uh and critical knowledge on how we can move our city
forward from a planning uh standpoint. And lastly, um we're waiting on information back from the Florida City County Managers Association. They have an exciting opportunity to apply for an internship uh grant of up to 10 of
$10,000. And uh you know, so we applied, we would be putting this intern to work in our resiliency division. And uh we we know that FCCMA is coming through those applications here during the first part of December. and we hope to hear back
from them. Uh we could not apply for this if we had an existing internship program. Regardless of what happens here, we will be implementing an internship program at some point here for the city of Cape Canaveral, not just in the resiliency division, but in other uh departments within the uh city. And
uh so that's exciting news. And that is all I have for managers matters. Mayor, thank you. >> Thank you. That is great. Council, any questions, comments in response to the manager's matters? Very much appreciated and some exciting
things happening, challenges, but um those little progress updates on the on the hurdles uh really help. So, thank you again. I think we've got uh oh consent agenda item 9.1 and all the
way to 9 point or uh 9.5. And so I think >> got to get that >> consent agenda if we we will typically vote all these through. obviously made some changes, but if the council would like to pull
uh any items, uh please let us know. You don't need to make a motion. You can just say I want to pull say the number. We will then vote the remaining balance of the items through and then we will come back and and take the items as they were pulled.
And so I think Mayor Pro Tim Jackson you had mentioned uh the desire to pull 9.3. So we don't want to vote that into the consent agenda. Today we made a motion to essentially table that.
>> So uh let's just whenever we vote consent agenda for this for clarity just state the numbers on the consent we are approving it once. So are there any other items obvious and um item 9.2 as well. So right now the
consent agenda consist of 9.1 9.4 and 9.5 that would we like to pull any of those three 9.1 four and five to discuss? If not
look for a motion to adopt. Make a motion to adopt the consent agenda 9.1, 9.4, 9.5. >> A second. >> Got a motion by council member Willis. Got a second by council member Shoryak.
9.1 is the approval of the minutes. 9.4 is that appointment from the interview we had with Miss Moose. Uh, no, I'm sorry. Uh, did we interview her last? >> We interviewed her back in May, I think.
>> Mary Lustant and then today we interviewed Mrs. Ann Ryder. Um, so, okay, just clarifying why why are we do was it why are we doing the did we not have it on the last agenda? Was that we just needed to
Oh, hey Molly. >> She's already been appointed as an alternate and that's great. Well, congrats. Good for her and thank her for serving. >> Awesome. Okay, any further discussion?
Seeing none, city clerk. Mayor Prom Jackson >> four. >> Mayor Morrison >> four. >> Council member King >> four. Council member Shiaak >> four. >> And council member Willis >> four. >> Consent agenda items 9.1 9.4 and 9.5
pass 50. City attorney we earlier in the in the process and if there's a better way to handle that moving forward. Do we need to do anything else with 9.2 or 9.3? the poet uh the gentleman is not here to be
appointed for the TPO citizen advisory committee. So no action is what I noted and >> I noted that those items at the beginning of the meeting were essentially withdrawn. >> Okay.
>> I think the is not coming back but the poet laurate will be. That's what I understand. >> He withdrew. Yes. >> Yeah. He withdrew his candidate. So you So at the beginning of the meeting, the council withdrew item 9.2
>> because the applicant withdrew >> and then on um >> poet laurate the council withdrew it with the understanding that that would be placed on the January. >> Correct. So no no action no more no further
actions required for those two items. >> Excellent. Thank you for the clarifying. Which brings us to item number 10. Item for action 10.1 is the appointment to the Space Coast League of Cities.
Uh this is an item uh typically we do this annually. The motion to consider the appointment of a voting delegate director in an alternate. So, we need to make two appointments today to the Space Coast League of Cities. Council member Willis
was appointed this time, I think last year, and Council Member Davis served as the alternate. I think the best way to go about this is find out who is interested in either or. Um, I can come
out and say that you I'm excited about the upcoming uh TPO be uh meeting, Space Coast TPO, and being able to be a part of that. I talked about the mayor and governmental relations, and I'll say this is another important one for
intergovernmental relations. However, uh due to I want to give the attention of the Space Coast TPO and so uh I don't think uh it would be wise for me to even seek the the council's consideration. So
I would say I am at this time not interested and if there are any other council members who are in either maybe it's one or the other please let us know and that'll help us appoint
we would be interested in being the alternate. >> Thank you. >> Well if there is nobody else Mr. Mayor, I will volunteer to be the uh uh delegate uh to the Space Coast League of Cities.
It be an honor to represent the city at these events. >> Okay. Any others? Mr. Mayor, I cannot be the voting delegate. Um, I've been voted to the board of directors for the League of
Cities and I'm serving as treasurer now. >> So, you're not able to no that conflict. >> Yes. >> But now we'll have two representatives. >> Okay, that's great. Thank you. >> And Mayor Pro Tim,
you uh I think we've got one interested in alternate, one interested in uh >> and I'm delegate. >> I fully support them. >> Okay. Well, thank you. I think uh one thing that came to mind and I don't know as
far as council member Willis might be able to help but with our alternates is when we come back after those meetings um if at some point even if it's quarterly uh just having some sort of update and obviously in your capacity at
the level there and so one just brainstorming ideas is you know when you're the delegate sometimes the alternate um certainly can attend should attend many of those meetings. So both of you maybe divide and conquer one kind of keeps track of what was happening and
the other is actually participating. And so when we come back to the meetings given an an update um and I think can be really helpful and I think anything that council member Willis can provide as
he's coming off that year and continuing to be involved in the League of Cities would be helpful. And um obviously we want for the Cape Canaveral. Mark your calendars when that one comes up. We it'd be great if we can all be we're hosting I think is it the Rison again
>> in April? >> April. So uh that's typically uh sometimes we'll have the state of the city done and that makes it nice. Uh but if not either way I'm looking forward to to that one and
that is great. So I we're just looking for city attorney a motion uh for the uh delegate and alternate allin one or should we separate them? >> That's great. I'll make a motion
to appoint um council member Andrea Sha King as the primary Florida League city's um representative with council member Shoryak as the alternate back or backup.
>> Correction, that is the Space Coast League of Cities. >> Oh, thank you. Space Coast League cities. >> We good? Okay. >> I'll second. >> Got a motion by Mayor Pro Tim Jackson, a
second by Council Member Willis. Any further discussion? I just want to say thank you again. Thank you both. I'm looking forward to >> That would be an excellent experience, too. Coming right in. That's what I think too. >> You learn so much talking to other folks
who are in the same position and >> they're obviously tackling issues that impact cities. So appreciative of the league and that's it. City clerk >> may prom Jackson >> four. >> May Morrison >> four.
>> Council member King >> four. >> Council member Shiaak >> four. and council member Willis >> four. >> All right, the appointment for the voting delegate and alternate passes 50. Congrats.
Now we move on to item 10.2 which is a resolution 202522 Bvard County hazard mitigation plan adoption. That plan was uh provided. And so, uh, before, uh, I guess making a motion, city manager, is
there anything we need to highlight here or go over? >> Well, the, uh, the plan has been, um, sent to the Florida Division of Emergency Management and approved by them, we help develop it as a municipality and, um, we have the, um,
if we want to get any money from FEMA and be eligible, but Tamson Bell is here to answer any questions that you have. Her division oversaw this process, her department Council, any questions for staff on the resolution?
Seeing none, Samson, is there anything you'd like to share? Sorry, I didn't I looked up and you were >> city manager captured it. We need to we need to have it in place in order to apply for funding and be eligible for um uh uh um uh from FEMA and other sources.
So, thanks. >> That's great. Thank you. if they offer the expedited FEMA plan, we'll can we upgrade to that one because I know it can be slow, >> but thank you. >> Um, all right. We just need a motion.
>> I'll make a motion to uh adopt resolution number 2025-22. >> I'll second. >> Got a motion by Mayor Tim Jackson, second by Council Member Willis to adopt resolution 202522. Any further discussion?
Seeing none, city clerk, >> mayor proton Jackson, >> four, >> mayor Morrison, >> four, >> council member King, >> four, >> council member Sharia, >> four, >> and council member Willis, >> four.
>> Resolution 202522 passes 50. Thank you. We are now on to item 10.3 which is a joint workshop with the culture and leisure services advisory board and city council. The proposed motion to consider coordinating this workshop joint workshop with the culture and leisure
services advisory board to discuss acceptance of a third party insurance compensation at the community center. I'll let our city manager highlight anything and or whomever. >> Absolutely. This uh refers to the the programs that um insurance providers
offer their members where they can pay directly into that uh to their provider for use of our facility and then we get a portion of that fee. Um Molly Thomas oversees that department. She's here to to give you a brief synopsis of the
importance of this item. And um Molly, you have the floor. Um most of the importance of the item is kind of spelled out in the agenda item itself and what's actually being presented here to discuss is really just
um the council expressed their willingness to meet with our board and we identified a series of dates um in January but uh given the developments earlier in this meeting we might want to
consider other dates in the future as not to impede with anything that the school board might bring to the table because I confirmed with um Tamson that the next meeting is January 20th and if
we select a date for this meeting before then we might either have to cancel it because I would assume that the schoolboard issue would take precedent. Mhm. >> So, I'm not sure how you want to proceed from here. >> Got it. That makes sense.
>> And out of the mercy for our city clerk's office, we might just want to consider another month because there's only two dates after that school board meeting that were considered, and that's the 21st and the 22nd, which are the two days immediately preceding the January
council meeting. >> Okay. Thank you. And this is very helpful. So basically, we're saying >> we want to have a meeting. We just need to figure out when. >> And you're thinking February might be the better >> in in the event that the school board
actually will entertain us. >> The thing that we'll have to do is go back to the advisory board and get prospective dates from the members. >> Yeah. >> And present those dates to the council.
The question is is what manner do we present those dates to the council to get your consensus on when to meet in a workshop uh or this thing gets tabled completely until the February meeting for discussion. >> And my board meets uh at the end of
January. So I mean we can always we send out polls the same way that council does when you guys need to have special meetings. So we can do it as a poll or we can have it as an agenda item at our upcoming meeting. So in any case, it's a easily addressed issue.
>> I think it might eliminate a step though. I mean, if we were able to give at least a a few availability that you would go to that meeting with at least our side so we don't have to come back to the council. >> I'm fine with February as long as that
doesn't create any issues. >> Yeah. Why can't we just use the form that we have that we use if we're with several options? Once you know what those options are, >> okay, >> where we can respond because I don't have all my calendars up here.
>> I understand. >> I'm an issue tonight. I'm sorry. >> I have many calendars, too. So, I sympathize, >> Mr. Mayor. >> And if something's not on it, it doesn't happen. >> Mr. Mayor, would these uh meetings be in the evening?
>> Good question. I think >> typically our board meets around 5:30. So they would be late afternoon evenings. >> Okay. Thank you. >> And you said late January is the next board meeting. >> Yeah, we're the last Thursday of the
month in January, which I believe is the 28th. >> 9th. >> 29th. >> Okay. >> So, we have time to to identify opportunities for that as well. I just want to throw this out here that
January 22nd meeting >> I see you were even >> I think that clearly the go if you had that prior to that meeting well I guess that's irrelevant you'd already we've already met with them >> the agenda well if we did something on
the 22nd the agenda would have had to have been published for that upcoming meeting I mean we can do an add-on item but that kind of complicates things especially if there's research involved >> because our hope with this meeting is to
come out not with necessarily set in stone answers but guidance from what this council wants us to do. So there will be homework assignments for us not just staff but also the board following this workshop.
And what I don't think I've watched them all, but I've these conversations have been happening at those meetings and I think as far as you mentioned homework, it would be good
go back I think would you agree if the council members choose and watch some of those meetings where these issues were presented and discussed and >> okay that that would be helpful. Um, also all the minutes are available on laserfish.
And the the bottom line of this is we don't want to continue reviewing and passing resolutions for fee schedules when we need to look at a bigger picture. And if we with the guidance that the council
can provide with the input from our board, we can come up with an actual fee schedule strategy that can take into account everybody's needs and everybody's wishes in conjunction with this. That way it's not back and forth because Anony's tired of all my
resolutions. I'm paraphrasing. >> Well, maybe we can come up with a resolution for that, too. I think Mayor Perjim Jackson it be if we can send out you know if can't uh that
format if that works uh I guess we can just wait till uh have a chance to distribute that in dates that work for us in February. Is that what we're okay with? So >> I think that's great.
>> I have one question. >> Yes. Sorry to interrupt you. Um, so Molly, this involves like silver sneakers and that conversation that we've had >> and knowing that we have our snowbirds
coming into town. Um, is this something that we would I don't know how long it would take to to set up the changes as we had decide as council if there were changes? >> Months.
>> So months. Okay. So, so worrying about our snowbirds now and this program, we don't need to worry about that. >> No, it'll have no impact on that at all. >> Okay. Perfect. Thank you. Yeah, each of each of the different companies have their own different um schedule
>> like fiscal years. >> Um so we're already kind of approaching that anyway. So whatever change we would make, not just in respect of the companies that we work with, but out of respect for the residents that utilize
these programs, it would only be fair to do this on a a timely manner so that it's not yanking a rug out from underneath anyone. >> Okay. Thank you. I appreciate that answer.
>> Any other questions? I think we're just not going to just take no action on this tonight and we'll >> Who's going to initiate the date process? Um >> I would do that with my board. >> Okay. But you'll get us some dates and we'll pass them on to the council. >> Mhm.
>> Okay. >> Thank you, mayor. >> Thank you, Molly. >> Thank you, city manager. I think we got it. Uh I should say a culture and leisure services director who wears many hats and uh that's I'm looking forward to that. I know that problem. Uh
I had a resident come up to me the other day and bring it up. So, thank you. And we did another joint workshop with PNZ and it was a it was a really good doesn't happen often. So, I'm looking forward to that. Um
all righty. So, we just finished up uh 10.3 took no action which brings us to Well, before we go to that, something just came in my head. I'll save it for reports actually, but it is related to January 20th. I'll say it that
schoolboard meetings on the 20th. We have a council meeting on the 20th and I don't know what the reserve date is. Uh but I'll bring it up at reports planting that seed. Um public hearing item 10.4
is a first reading and public hearing. City attorney Okay, this is the first reading of ordinance 08-2025, an ordinance of the city council of the city of Cape Canaveral, Bvoulevard County, Florida, relating to the city's
land development and permitting processes, amending chapter 110 zoning of the city code to revise the site plan review and approval procedures providing for the streamlining of the increased building height approval process under section 110 624 to require concurrent
consideration and approval by the city council during site plan review amending chapter 22 regarding the community appearance board to revise the application review process providing for the repeal of prior and consistent ordinances and resolutions incorporation into the code severability and an
effective date. So this is first reading also a public hearing item. It was also recommended uh by um by the planning and zoning board unanimously. So to just talk about this at a very high level, the city council gave
explicit direction to streamline the city's development review um procedures. The council also gave explicit direction that the city council wanted to take on the role and responsibility of approval of the site plan site plans. So from a
general big picture standpoint, this ordinance as well as the subsequent ordinance that we're going to consider on board of adjustment is is all intended to streamline um the the site plan and development review process and
to assign the approval function to the extent permitted by law uh to the city council. So to do all of this, all the provisions of the city code are being reviewed and we are modifying the
language to try to make the development permit process as seamless as possible for developers. So rather than being decisions being made uh independently in silos, related development permit
decisions will be made uh can be made concurrently together and brought to the city council um for consideration comp a public hearing comprehensive review of the entire development project. And at the end of the day, it's
the city council that has the final decision regarding um the development permits. So that's the big big picture. Um obviously there's um a lot of language changes here um that uh that
were made. I can go through it um section by section if you prefer or I could just answer specific questions. I know Mary, you indicated you had some questions. Um, I'd be happy to entertain the questions first, too. Um, that may
just result in, you know, addressing, you know, the the ordinance more comprehensively. It's up it's up to the council. >> Yeah, I think uh well, council >> at
at this point I'm learning how to use this microphone. Uh, no. I I I'm interested in hearing what the council has to say about this. Being new to this particular aspect, uh, I'm very interested to hear what everyone has to say. Thank you.
>> Thank you. >> Um, this was a a result of an agenda item that I brought forward. I guess it was in September or so. um where we're trying to streamline processes within
our uh our our building group. And currently we had situations where someone would come in and they'd have to go to the community appearance board to get a height variance. Then they would
have to go to, you know, other board planning and zoning. and then that have to may have to go to the adjustment board and all these things. And when I brought this to council, we're 90% built out in our city. And so, literally, it
makes more sense for city council to be making those decisions as things are built out because of our um concentration of developed properties here. So, this was as a result of that
and working with um our city attorney and working with staff who's jumped in and the city manager who's jumped in. So, I personally am in full support of this. It makes sense that we bring any
variances to city council. It also gives our citizens the ability to hold an elected official accountable because we we are almost built out. You know, we're at 90%. So, we need to be responsible in
hearing what our citizens want and working with them as we develop our community. >> Great. Thank you for that explanation. And I do remember when these initiated, you know, some of my comments, uh, I can tell you what you just talked about. I I
like those elements. I think that giving the life the to the council is a no-brainer. Um, and anything that can streamline I I think is good.
it it there's in in first having a new council and the history of this as council member Sha King pointed out and council member Shoryak uh there's a lot of other changes in there too that even
that are even beyond streamlining and I think it there was some some vagueness and issues of clarity um that were separate from
what I call streamlining and and council authority. One of the questions I have is it is it was stated that I think the board of the next public hearing item that we're going to be taking up is that item 10
point what is it? Uh five five. Thank you. Is that dependent on this passing or could could 10.5 move forward without this theoretically or do we need
this? I mean um 10.5 can move forward >> independently um but The council would be assigning the
duties and functions of the board of adjustment to itself if that ordinance gets adopted. And all you would be doing is shuffling the silo from one board to another. Absent a consolidation
of the development permit process through the site plan process, you're not going to achieve the objective. And I can can't just sit here and just explain 35 years of municipal law and development permit law to all of you.
But what's driving the cons the concurrent consolidation and streamlining is the site plan ordinance. You could move forward with the board of adjustment signing the duties to council, but you would just become the same silo that the board of adjustment
is. You will not be able to deal with things comprehensively because your site plan process goes in a totally different direction and special exceptions variances that are in the function of the board of adjustment are just many times one small
component of the overall project. site plan, as you know, is the is the most probably the most critical development permit for a development project. >> That's great. I and I when we get to
that item, I do think that the governing body being the council on those major board of adjustment decisions is the right move. But I hear you loud and clear, city attorney, on you're still operating in that capacity
with a a a process that needs to be improved in street. And so I respect that. I just wanted to clarify that one if it was dependent uh on it that I think um complimentary uh to when
you're looking at the whole process. Um, some of the things uh that come to mind, well, I I think if you or city attorney, if you could please maybe give us an an overview and this is
a public hearing item. We're uh I think technical questions in some in general. Senate Bill 180 is obviously out there. I think um you know if I get this wrong they do not want local governments to be
you know burdensome restrictive right on development processes and my concern in this is as it relates to what are they going to do and I guess January the state will be having some hearings um you know should we be passing as far
as the authority going to the Cape Canaveral uh city council I think that absolutely compliments and streamlines, but some of the other provisions that maybe would be worthy of you going through is what concerns me uh until the state makes a decision. And so
originally I said, I mean, if this is something that we can ideally wait until we get a little bit more from the the state, um, pass the board of adjustment, pass the
the the idea of the city council, uh, approving site plans. But when we go into some of those procedures, things around uh that's where the time I I would like to to meet with the the city attorney, but
maybe an overview city attorney of the major changes uh would be helpful and then uh if we want to continue uh we'll go to public comment and come back and I'm happy to after we hear the public go through them
one by one. So with that try typically we try to do any technical questions um before going to public. Is this council okay with the city attorney giving us an overview of the ch changes
city attorney? >> Well just with some comment from our director as well if we could add that >> whatever is uh yes thank you. Oh yeah, I just wanted to just give the reminder that this is just the first reading and then any changes we can adopt and include in the second reading which
would be available in another month or however long until uh we we whenever this was approved. So, I wanted to reiterate that and then um I also wanted to just point out that um staff's support um of and and shared support
with the city manager and this council as well as a lot of our residents uh and enthusiasm around kind of having a 30-year lens of looking ahead at Cape Canaveral and um wanting to be very transparent in the direction that we go with our development and future. And so
I think bringing that stewardship uh uh cleaner in process and cleaner in authority and delegation is something that we're very excited to share. So >> thank you. >> Yeah. >> You want me to give you like a high
overview of some of the provisions that you request? >> Yeah. I I think that you know outside. I mean the council sounds like unless council have any issue on this first reading with us being the the voting body on site plan
approvals. Previously it was P&Z. I I think that's not a concern for me. certainly I think was the reason you initiated >> the only well the question I have is um the the staff that's overseeing all of
these elements of site plan etc that brings it to to fruition ultimately to us um will will this those staff those directorates provide enough information for us to make a cogent and educated
decision on pieces of property that are about to be developed. You understand? Because not I don't know that any of us here are experts on site development or building code, you know, that type of thing. So that's my only concern is are we going into this with
blinders on? And I have a question in regards to that uh city attorney. So the process would be it would still go through planning and zoning. Yes. and they would still recommend it to come to council
>> and then council would approve based on that. >> So it wouldn't be coming from staff to council and we have to figure it out. We will have a recommendation from PNC. >> It's yes and I can go through generally the process. It's going to go the
applicant's going to have to submit a complete application meeting all the application requirements. That that application once it's complete, it's going to go to the city staff and it's going to go to all of the um all of the uh staff members that are responsible
for plans review from both, you know, from the senior planner to the fire marshal uh to the public works director to the building official. whole development review team, plans reviewers of the city. Staff will review, work
with the applicant. Then staff is going to put together an agenda and make a recommendation to the planning and zoning board. We'll go through public hearing. Then the planning and zoning board is going to make a recommendation to the city council. And at the end of the day, the council makes the final decision, but the council will have all
of that work up and a complete application on which to make make the decision. And you'll get obviously legal guidance. You'll get, you know, guidance from the manager on all the proc on on on the application as well. >> Okay. So, it'll be fully vetted by the time it gets to us for a decision.
>> That's what's supposed to happen. >> That sounds like it. Okay. Thank you. And don't worry, you won't have to read or interpret plans or building code yourself. >> Now, I had another question. So on the sections that were added into
and I understand the things that are underlined are added. Right. >> Right. >> Um so are these things cases where we already have this in our code or are these big changes?
>> These are um these are changes. Um many of the changes um are just simply clarifications. Now, while there may be additional, you know, a lot of additional wording, and I can give you a real good example of it,
um, you know, they're they're just there to enumerate and provide guidance. For example, city the city currently has a site plan requirement and under under the city code, uh, site plan submitt
is required for all development and redevelopment projects. that well there are you know so it's like what are they right now there are exclusions for single family and duplexes currently but okay what are
they so a lot of the language you see on page two right enumerates well what are examples of development and redevelopment so explicitly kind of provides examples to help guide the staff and applicants
So that that's one example where there may be a lot of language, but it's a it's >> it's down on line 31 for that. Correct. >> Line 31 on page two. >> Yeah. >> Where it goes into discussing for a
single family house, single duplex building which are subject to minor sight chain. So, it's going in and defining those things that were open-ended before a little vague. Is that correct? >> Correct.
>> But as you can see, there's, you know, there's an enumerated list. >> But again, currently the code is all development and redevelopment projects are required for site plan approval except for, you know, the single family home and the and the duplexes.
and those single family home and duplexes still have to go through a review process and then the staff, you know, requires like um less information to to review um for that. Um and so then discussing it with staff, what are those
items that they review for sing the single family and duplexes that they require? Uh we've enumerated those in into the code um under minor site plan review to try to clarify well what when
do when does when does the staff approve a site plan and when does it have to go through the public hearing process. We tried to provide clarity to that issue with the understanding the current code says all development and redevelopment
except single family and the duplexes go to you know go to the site formal site plan process. We were just trying to clarify it that is we that my view this is not more restrictive or burdensome this is clarity for applicants and
staff. Uh so that's one one example. >> So I'm asking my questions here. Okay. So in any case, did we extend
lot coverage to where it's okay to put more coverageable, you know, coverage on the lot itself? No. Not that I recall putting anything that addresses more allowing more um more
lock coverage because I think these are the thing those are the things that for me as a member of this council it's important for me to know as I'm
looking at this that we don't we're not allowing people to build a bigger structure, add more to the lot as far as non-permeable surfaces, um, and that kind of thing. And that's
what when you start looking through where you're clarifying and that makes good sense, you know, it makes me ask myself, do we need to sit down and do I really need to sit down and read this word by word and compare it to what we have right now
>> because I haven't had an opportunity to do that yet. >> This does not this does not address the lot coverage requirements in the zoning districts. Another clarification, >> not clarification, but what historically
has been a problem, >> we modified the process for community appearance board and building height. Currently the border the community appearance board through an aesthetic review process believe it or not for
decades or a decade or a little bit more than a decade can review the aesthetics and then are authorized to approve buildings in excess of 45 ft in height. They have wrestled with okay well we're
just reviewing aesthetics. Well what about site plan? Well we got another silo for site plan. And then you go to the PNZ board who has to approve the site plan and the com and the developer has said well I already got my my 65
foot height building from a community appearance board and now you're tell well how does it fit? Okay, what are the impacts of going from 45 to 65 on a site? Right? So this proposed change with resp
ordinance is that it now be done in conjunction with site plan approval. So when the site plan is submitted, the height of request can be considered by the by the council in conjunction with it as a total package rather than in a
silo and having just an aesthetic review board approving mass density of a building without the benefit of a site plan. So that's one, you know, one process
change to make concurrent concurrent review under the city council >> and we're just kind of working through it and and I think >> good questions. Yeah, I just I can't I'm being real. This Cape View thing has just been draining.
>> It's taken a lot of resources and seeing that January 20th thing, there's a lot of changes in here and I know we worked hard on it. I and I'm thinking gosh can we take this up after January February um upon reading and I have not got in
depth and I respect this is first reading but um if when if we were to to to come back on the it the second reading I I'm not sure we'd be able to get all the the things that we want through basically to to understand it
and so it's a big change. I I question like the trying to find there's additional work I think on surveys, neighboring properties, right?
Property boundary surveys. Can you talk through anything that would be additionally burdensome from the code? Because that's my main concern with Senate Bill 180.
Um if if Senate Bill 180 was 6 months out, okay, you know, but it's right around the corner. We're within a month. And so we're going to go through and have these these changes. There's a there's a bunch of changes here. And so from the perspective of
the state wanting developers, property owners to be able to build with without encumbrances. And my questions are around you know what would be
while it might provide clarity that's does it come at the burden of more work than the old process and I don't think council making the decisions is was one of those but when
we we asked for surveys and then The discretion seems to be a bit vague around like the timing of it. Security systems that section seems to be vague and I heard the P&Z like what
is that? Um >> are you referring to the monitoring systems? Yeah, I'm just kind of rattling off some general concerns, but yeah, that what what was uh Tim's it was uh I give you the line. I think it 12 uh
page 9 of 17 line 37. >> Yeah. and um or >> that's one of them >> that put in the hands of C council the opportunity to require more um ongoing monitoring of sensitive materials
>> uh in situations where there may be uh a pollutant of sorts um that that may need ongoing monitoring. Um, and I believe that they did address in PNZ, Anthony, correct me if I'm wrong, that um the security systems were more just that uh
that wasn't related to kind of micromanaging alarms. It was uh just making sure that there was something in place altogether. um as and uh and I thought um that was part of just
but that's a good point and I'm agree I like is it doesn't it seems to be a bit vague and I think that that's a theme throughout some of this Um
I think specificity clarity if if you are reading this if the state is you know is this more burdensome is this uh that's an issue and so the procedures in question um
finality like the deadlines. I was confused if Samson or city attorney uh can maybe give an example like if a an approval
a conditional approval is today under this policy. What is the date of final approval? I when I and that's really where I spent my initial time was the timing when you
follow the procedure conditional approval is given and I got to find where that was but how do we determine a final date? Um you might be referring to the board
of that board of adjustment ordinance perhaps um reconcile them if the like under the board of adjustment ordinance if there's a um conditional use or a variance that's approved. Um it may be based on
conditions. Um but there's also the requirement that they have to pull um a building permit within a certain period of time in order to effectuate um the the the the development permit decision. Um so there's there's a there's a time there timeline there for
the applicant to um you know pull pull the building permit. Was that what you were referring to? That's in the other ordinance. >> No, right here. Uh I'm looking if Okay. So page 11 of 17
line 30 8 I guess at conditional approved plans. Um that I guess is the pre-development process. How is a approval? How how would a project just as far as dates the procedure to get it approved?
There's an appeal process, right? If there's an issue, it's I don't understand when the clocks start and I can't seem to find. I thought that was it. >> That I mean that's that's that's um that's the current code.
>> Mhm. So, um, you're referring to page 11, line 36. Um, right now under the current code, it says the city manager or designate, right, who has authority on on the regular site plan subject to PNZ review,
right? Mhm. >> So proposing to change that to if the city council elects to grant um and we put to clarify we put pre-development pre-development conditional approval of a site plan subject to any conditions or
contingencies. We clarify such as corrections to conditional approved plans, submittal of additional documents or information and verification of the accuracy of studies and reports submitted with the application. What that means is if the city council makes a conditional
approval of the site plan, the con the site plan is approved by developer, you have to submit this additional information, >> right? The applicant currently under the city code has 90 days from the date of that conditional approval
>> to satisfy that condition. So the date the 90 days is not being changed. There's just some language being added there to give examples of what those conditions or contingencies could be.
>> They're not there. It's a such as and these are pre-development conditions. So, we were clarifying pre-development conditions because you can't commence development on site plan approval until the site plan approval is final. So we
were just clarifying that point by adding the pre-development condition. >> But how do we the what's the process to make it final? >> Uh site plan approval by the city council, but the city council sometimes
makes final can make the final site plan approval subject to conditions. Developer, we're going to approve your site plan, but you need to do X, Y, and Z. Mhm. >> Then they have 90 days to do X, Y, and Z. If they don't do X, Y, and Z in 90
days, right? They don't satisfy the conditions that the council has imposed and um the site plan doesn't become effective. It potentially could expire and then they have to go through the process again. That's the current that's currently in the code.
Conditional of approval. Conditional approval. very common in development permit applications to impose conditions. Never know what they are until you review the application and have public hearings and the application
>> and is if a site plan is approved is there an appeal process? Uh there yes there is if this ordinance passes the city council is the would make the final decision
period to end the story and from the city's perspective and then the appeal would be in court. >> So we approve a site plan final. How long does today I think the is there's a certain amount of time to appeal 30 days or what is it a couple
weeks it I guess how long do they does anyone in the community say a big development's happening >> and then the council approves I love that we're approving that's very transparent if somebody appeals how much
time do they have and you're saying they appeal to the courts not >> perfect So the way it was before is PNZ would make the final approval on the site plan and if they they would appeal
it to us. Is that right? >> The US the city council, excuse me, I wasn't professional. >> PND approves it and then >> the final decision is signed off at the at the city manager uh staff level. It's been the community development director
>> to make sure that like the recommendation of the planning and zoning board the final approval comes from administration >> after PNZ today. >> So if we approved under this new code
>> well P&Z did not technically approve the site plan. It would help >> the city manager or the e the development director would sign off after >> city manager is the designate
>> or okay and we are and then if somebody appealed that today without the changes where would they go to the city council the city manager Don't want to get confused with the
border adjustment ordinance. very very clear I think and from site plans then I think the manager's decision would have to be appealed um to the circuit court. So today
the city council if a site plan was signed off by the city manager and recommended approval by the PNZ board prior and somebody there's an appeal process and it goes to the court. You believe >> all final decisions that the city makes
whether it's the council or the manager on site plan approval is is would be appealable to court. That's that's just it's not necessarily stated in here. >> Yeah. So I think that well the council
handled quasi judicial appeals to the board of adjustment to the PNC right prior and I think if we okay to go straight to the courts I mean to
me seems Yeah. I think ex exhausting administrative efforts and some efforts important and >> identifying where that is spelled out in here. Council member Willis, >> but wouldn't wouldn't anything go to the
courts that is a result of council's final decision? If somebody's appealing council's decision, it automatically would go to the courts because there's nobody else to go to. >> You've exhausted your administrative approvals. Right. So, it's
>> and that's what that's what this ordinance as well as the board of adjustment ordinance is all intended to do. At the end of the day, the council will always make the final decision and then the council's decision would be appealable to uh circuit court, >> but it wouldn't necessarily have to be
stated in this. It's >> good to state it. Um, in fact, one of the revisions was just to was to put that in was was to add that language because I'm reading that section that we were talking about on page 11 and that's the way the code
currently reads following the decision by the manager or designate on each site plan application. the uh city sends the applicant the written notice of the action taken and the right to appellet review
and it's just period. And then the city shall shall additionally provide notice on the city's website of the decision on each site plan review pursuant to the sodicle and the right of interested parties to appeal the same. current code is silent which means the
manager's made the final or design made the final decision and the appeal goes to goes to court. So now the only real difference is council is making the final decision versus staff and the city manager. >> The result is the same if they wanted to
appeal it in either case where they go to court. they go to court. But yes, we're adding that we're changing manager to council and same same process. You appeal the council's decision if this were to pass to the circuit court.
>> And if there's a minor site plan approval under this revision, that's the city manager or the director, right? What's the appeal process for that? Straight to court as well. >> Yes. >> Okay. And that's exhausting administratively. I mean, wouldn't that go to council?
>> We're talking about minor site plan, single family homes and um and duplexes have an administrative administrative staff approving it without planning and zoning board. So any additional things is where I
think I'm trying to look at and thank you for going through that and making sense. I think there's extra mention of the waste disposal plan requirement. We talk about streamlining.
uh there's a requirement uh survey data and and I think public rightways drainage ditches that's beyond uh I think what we have I think
vagueness of like any additional relevant info which is deemed appropriate by the city. I mean, these are called streamlining and clarity, and I I'm not clear. Why can't we just be
a little bit more specific? To me, it gives the city, I think, a lot of discretion. And I don't know how the state of Florida is going to see that as streamlining or clarifying. And so those provisions are way separate than the big point of this ordinance,
which I think we all agree on. And that's why I was trying to if in the fairness to our city attorney, this is the first time he's hearing this from me. And so I was I try to avoid that. And uh I'm excited about anything that we can
do. I do see some streamlining improvements and I think that's going to be good. But um >> yeah, >> this is directed by council is a critical day.
I interpreted fire direction. everybody at staff interpreted in the prior direction as this being a legislative priority of the utmost importance. Um, as as the community development director indicated, we certainly can make changes between first and second reading. I
would ask the council to consider approving this on first reading. I'll sit down with each one of you at the end of the day. If there's some of this language is a little too much for you, we can take it out. I think the critical thing just to keep our eyes on
the ball of getting the council in the driver's seat on the final approval and and streamlining the process so developers can submit consolidated applications and and and do a one-stop shop rather than going doing the circuit
around all of our boards and the staff. >> That you know I thought that was the the major priority for staff. new, but they would tell you, and I'm gonna say it, and you don't have to say anything. They want to be out of the
site plan approval business. >> I believe, they agree with you that it should be a decision made by this body. I would ask you to consider passing that first reading and you're not ready at second reading, we certainly can defer it. But, you know,
we'll put all the public notices out there and do the business impact statement and you guys, if you all want to defer it, you know, when in January, so be it. But, you know, I would try to keep this thing moving. We have a lot of
we have some momentum going. You have concerns, I'm sure, by the time you take final action. >> Yeah. I think again what you just said about the council taking it over the benefits
and consol the silos of information all that but I think at the end of the day when I read this while it's simplified this consolidated package is seems to be more burdensome
than while they had to go maybe to different boards and move around when we look at one way to look at burdensome is and I have no idea but what would does it cost more under the old old ordinance compared to the new ordinance to get a
site plan approved and when we start asking for more information that requires professional opinions like surveyors and vague you know things like security plans
I I mean the who the council the city staff determines I think clarifying that but I can't see how it's going to not be more costly
um it might save uh a few a little bit of time and steps but um if if we can be more specific on some of these things I I think that
would help and your efforts are appreciated and I understand and and also appreciate I mean the liability of proving site plans. Um it's going to need to council member Jay King's point. We can't do it without our
PNZ board still involved in the process. We absolutely neither one of us could do it without our city staff. And so I do like that we're going to be working together. Um if so the goal is you're recommending if we pass it tonight.
You think it's best that we pass it tonight so that we can have second and final reading in February. Is that the goal? the next >> council meeting >> and then if we need more time in February
>> you said you know we can extend and my thought was >> that was where I started I'd rather just come at it and and extend the first one but obviously I'm one >> mayor >> yes >> can we get additional input first from Tamson
>> yeah I I wanted to clarify I think that um some of the additional um criteria that you're seeing was typically included by PMZ. So that's the expansion if I'm not mistaken. Correct. Anthony or
city attorney, excuse me. >> Yeah. But on all the properties around, >> I mean, isn't it elevations or uh and I know we've talked about this? Yeah, I didn't want to be >> and Mr. Mayor, we're 15 till 10.
>> Yeah. My agenda item has deadline of tomorrow. So, >> and that was my number two biggest issue was that one. The both discussion items are important. >> We have one person that doesn't want to stay. I won't get that through there. So,
>> mayor, just another thought for you. Would it be helpful if to better um uh explain this ordinance if we provided a visual such as like a flowchart that starts the process from beginning to end with brief explanation of what happens
at those steps and who would be responsible for them in advance or during the next reading. If you pass the first reading, we can provide additional uh documentation to help articulate this in the form of visual aid. Would that be
helpful? >> Yeah, I think in fairness to you, our city staff, you and your support, the team and our city attorney is um I'm not communicating clearly to you and so I understand that and it's because I'm not
ready. >> Okay. And so absolut I do I think it would yes but I also want to be careful to say you know say go down a trail that's not going to be um maybe necessary and so I
I I'm taking responsibility for this confusion. Uh it just didn't get the time it deserved out of me and it was it's a big change. So um but if it's important to extend with the ability or important to pass
the night with the ability to extend in February, I don't see the difference. That means second reading would happen in March and so first reading in February. Either way, I've said enough whatever this council wants to do in respect to the time. So
>> thank you. Well, I I just have minor concerns about any subjective statements in here like potentially significant adverse odors and etc.
Things those are those are things where it's up to interpretation. What is significant? Who who determines that? >> Right. It's a great example, >> but it's,
you know, I think I think to the city manager's point, I think it would be somewhat beneficial to be able to see two flowcharts, how it's done now and how it would be done. And you and you can see what where steps are removed,
consolidated. The the silos are not as spread. Mhm. >> We're we're looking at >> Well, such a visual can be used to help educate the public when they enter into the process. >> Well, yeah. Yeah, it could it could be.
>> It will serve more than one purpose. >> It Yeah, >> that would be absolutely >> that's just part of that's part of the concerns that I'm hearing. I mean, that's the easy part of where the application goes today and
where it's going to go if this ordinance passes. That's the I'm hearing little aspects of application requirements are being added but when you look at the whole entire process it's not really
being added. For example, we're adding and adding language. Not only is it Currently, it says location and type of existing trees 4 in in diameter or larger. That's currently in the code. And then we added language and
a table itemizing all specimen trees indicating those to be retained, removed, relocated, or proposed to be removed subject to city council approval. That's a code requirement in the city's tree ordinance that is being restated
here. So the site plan applicant knows that they have to add give that information as part of the site plan application >> and it's now streamlining the process where today if you want to remove a specimen tree that's a separate
application that goes to the city council separately. Mhm. >> This ordinance would allow the site plan to be considered with all of the tree information, including all the specimen tree information. And the specimen tree
removal would be considered as part of a site plan approval as a total package rather than the city council just looking at an isolated situation. Well, can you remove that specimen tree? What's being built there?
Well, if this passes, council's going to see the whole site plan. It's going to see where the specimen trees are. We'll have the landscape plan, and we'll be able to make a comprehensive decision. So, that's not It looks like an addition, but it's not really anything
more than what's required today. >> It's just restated here. >> Okay. >> Those little nitpicking things I use nitpicking. Those little minutia point. I'd be happy to go through the ordinance
line by line so to explain my reasoning and why it was put in there to try to make this clearer for an applicant for the staff process these development permits. Well,
we we've in the past had to deal with tree ordinances and not and not even picked up the other aspect of how that applied and not even knew really.
>> That's a great example of the words you use consolidate. That's a literal ex, you know, taking two silos to putting it in one. And so, um, yep. I think >> that's a okay. Um,
I mean, if it's done by March, that would be Yeah, if we if for me if we pass a first reading tonight, I can't predict the future, but I think it's going to with this meeting coming up in January and all the resources and
the things that this community it's going to come out, I think we're going to all be stretched and the discussion item that we haven't got to with you. And so, um, I would be shocked if we had second reading in February. Just
I shocked might be an exaggeration, but I'd be surprised. And it because I think it's going to just trying to protect as much of my time as possible to dedicate and uh,
this is important. I just don't know if it's the highest priority today in the first three in the next 90 days. Um, and it can be done in 90 days. We're actually talking about in 60 days as
opposed to 90. So, all right. Well, we are uh 952. I really can't tell you. I appreciate our city staff on this. Again, >> uh there's my >> my preparation was a concern at a
minimum on this and uh >> thank you. I hope you understand. I'm not >> in a position to even give good feedback. That example our city attorney just shared is excellent and um thank you for that.
>> Well, council, what do we want to do? Well, I think I think we could pass it on this first reading and then collect all of our edits that we feel we need and clarifications from the Mr.
City attorney. I think we could get that between now and February 1st, get some time scheduled with him. Yeah, if we pass it, I don't Are you saying uh it I don't think it'd be worth going through all the changes tonight.
Just pass it knowing they're coming because that's going to take a lot of time going through >> the view that we went through to >> clarify. I think it would give us the opportunity to uh itemize the things that we have concerns over
>> and uh bring a better explanation of those concerns with a little more time to reflect on it. But knowing that some are coming. >> Yeah. >> Mayor Pro Tim, what are your thoughts on this one? is
>> well with all that's going on with the school if I mean I'm good with passing it tonight but I'm going to absolutely have questions on this. >> Um so I'm definitely going to need to
sit down with city attorney. You know, I I'm hearing the different questions that have been discussed and items on this, but I'm sitting here looking at one and I see what is done and it's uh page 13 of 17
line 29 and on and actually 27 and on talking about building heights. >> Mhm. >> Standard will be four stories or 45 ft. >> Mhm. uh may be uh you know you may have
a a request up to 65 ft if approved in conjunction with the site plan approval process um and and the setbacks are met within the EOD. Now, that's what they're saying. And
prior it was u literally if you look down at line um 39 on this increase building heights above 65 ft may be considered pursuant to a planned development u approved by city council
on a case-bycase basis. Building above 65 ft shall provide additional stepbacks 14 ft at a at four each fourstory interval of or a fraction thereof along all sides
facing a public roadway. So that that we had in the code was literally, you know, saying, "Oh, you want more than 65 ft?" Well, you know, and so this this clearly cleans that up.
>> Mhm. >> Where it's not discussing above 65 ft, which we've got 45 ft. Yeah. 45 is the is what is allowed. But you can ask for 65 now. Then it's
counsel. It's on counsel. And if I keep approving 65, I promise you Dr. Thomas is not going to vote for me next time, will you? And that's the way it should be. >> Yes, Roberts. I'm sorry. Dr. Roberts is
late. Dr. Roberts won't vote for me. And that's the way it should be where council is held accountable for that because that way if that is not happening, you know, so I see the things as I look through this, but I haven't
gotten in so much detail to feel super comfortable about it. But time is, you know, as long as we're able to get with Anthony and be able to spend that time with him to do this, I don't have a problem with passing it and then making
my notes on it. >> So, let's pass it with no comments and then we'll take advantage of that time as a >> Does that count member? >> If you do that, you want to bring it back in February. We can >> I I would love February, but I mean >> Yeah, I don't think we should bring it
back in January because we don't have enough time to make sure >> for that second >> holiday Christmas. Yeah, >> that is. Yeah, I'm telling you. >> Okay. Well, let's do it. If that's Council Member Shyakasaw and Council Member Sha King,
>> that's good with y'all. >> Just need a motion. >> I'll make a motion to pass. Uh, ordinance number 08 2025 on first reading. >> Second the motion.
>> Got a motion by council member Willis, a second by council member Shoryak for ordinance 082025. Any >> I it just I felt it right there. So we got a second. You >> may want to extend the meeting.
>> Let's do that. 10:00 bewitching hour for our new council members. The city code has a 10:00 bewitching hour. >> I'd recommend extending >> call the Cinderella rule >> time longer than maybe we think so we
don't have to do it a couple times. So >> I'll make a motion we extend to 10:30. >> Second. >> Got a motion by council member Willis, a second by council member Shoryak to extend to 10:30. Any further discussion? My discussion is hopefully we don't got
to take all that, but we'll do what we need. Thank you for that motion. And second, city clerk. >> Mayor Proto Maxon >> four. >> Mayor Morrison, >> four, Mayor King, I mean, sorry, Council Member King, I do apologize.
>> Council member Shiaak, >> four. >> And Council Member Willis, >> four. >> Motion to extend at 10:30 passes 50. We have a motion and a uh from Council Member Willis and a second. Uh and
before proceeding with any discussion, this is a public hearing item. If anyone would like to speak uh on this item and certainly before the council takes any action, uh we ask you please come forward and
>> hi Dr. Roberts, >> you know the routine. Thank you so much for hanging out with us at this hour. and help the public too and then understanding the benefits of the new approach, the streamlining of it. Um, and also I'm so grateful to you for
bringing up the height issue because that it's 45 ft. That's what the residents want and it's the exception to go to 65 ft actually with justification. And this raises a question to me of special exceptions. North Atlantic is a great example of what was supposed to be
a streetscape walkable uh with shops and everything along it uh to help with the port and everything. And we abandoned that whole concept with special exceptions by planning and zoning. So, I just want to mention that aspect of your review, the details. How do we handle
special exception request because we can special exception ourselves to death? And uh and we get away from the master planning for the city, the vision for the city. I think the reason we're 90% developed right now is because I'm so glad you all are bringing this up, but
because we haven't had the check by council of these major site developments. It's just been so sad because even community would get blindsided. Even now we don't know what's on the drawing board. That's the reason I think timewise it would really be reassuring to me that you all are
proceeding on this you know in the near future because I just don't I think the public right now the residents are very clueless on what the PNC board is looking at now. Maybe they've been put on hold for a while but you know some are saying more hotels are being planned
for and there's no way for us to know. So thank you very much for addressing this. Love the process vamping process flow before after help you all and help us. Thank you so much. And the height restriction. Thank you.
>> Well, thank you. Any other further comments? >> Are you waving in support, Mr. Chair? Thank you. I'm teasing. Appreciate you being here as well. Seeing no one else, uh we'll go ahead and close public participation.
Uh, city clerk, did the motion it was >> there is a motion that it's not been called. I mean, there's no vote on that motion yet. >> Um, I'm sorry. Motion that was made by um >> gosh to go to the second reading. >> Yes.
>> By council member Willis and seconded by council member Shiaak. When will the second reading be? >> Um I don't think it was stated. >> I think we >> Yeah, >> February meeting. >> Okay. All right. I just want to make
sure that I have that. Thank you. >> Thank you. And everything else is okay. Clear. I >> think we're good. >> Thank you. >> Thank you. Any further discussion on the motion? >> Seeing none, we'll go ahead and call the role, please.
>> Okay. Mayor Prom Jackson four. >> Council member King >> four. >> Mayor Morrison >> four. >> Council member Shiaak >> four.
>> And council member Willis >> four. >> Okay. Ordinance 80 2025 08 2025 passes 501 first reading. All righty. which takes us to um the next item here
which is uh a public hearing item. Uh city attorney as I do just need to take a restroom break if that's okay. I'm going to voluntarily step out while you're reading this. I do have much more familiarity with this. Okay. U obviously
if any council member chooses to, but I don't want to slow us down. So Tim absence if I don't think it's needed ordinance number 09-2025 an ordinance of the city council of the
city of Cape Canaveral Boulevard County Florida reassigning the duties of the board of adjustment to the city council abolishing the board of adjustment adopting conforming amendments adopting minor Technical amendments related to appealing staff interpretations to council under chapter 110 and expiration
of variance and special exception decisions providing for the repeal of prior and consistent ordinances and resolutions incorporation into the code severability and an effective date. This is first reading of this ordinance also a public hearing item. So uh this was
also directed by the city council. You know, first and foremost, uh, this ordinance reassigns the duties and functions of the board of adjustment to the city council. And what are those duties? Of course, the board of adjustment um handles special exceptions
and variance application and administrative appeals of uh code interpretations by staff under under chapter 110, which is the city's land development regulations. those duties and functions would be reassigned
to the city council. Uh the planning and zoning board would would continue to play its part in making recommendations regarding variances and special exceptions. That's not changing. In addition in in reviewing um this um
chapter 110-8 u section 110-87 regarding interpretation of this chapter um chapter 110 is all about planning and zoning. Currently um the code says that the building official would be uh the final decision interpretive decision for
staff. Um obviously that that's an old code provision. um those those decisions are are typically made by a community development director who is responsible for the planning aspects. So the building officials um responsibilities are under the Florida building code. So
we're we're cleaning that up. So um the person or the you know the director who has the better more honed in experience on these issues would be the one to make the final interpretation not the building official. So, that was a a
cleanup on that on that section. Um, in addition, there's um there's um some some expirations on special exceptions and variances, and I believe we've uh made a little modification to those.
Find the section Under 110-32, um expirations of variances of special exceptions, that's the rule we discussed in the prior ordinance. Once an approval is made by the board, um in this case, it would be the city council. Um there's
a provision that um says that that that decision expires 12 months after the effective date of such approval unless the building permit is obtained. Um we went ahead and we had to clean up some of that language. um regarding um
regarding that um what what we're trying to achieve here is is is actually um more more clear and beneficial to to the applicant once the building once the building if
once the building permit is received if the if the special exception or or variance is doesn't terminate um then once the building permit is is received, then the variance or special exception is deemed active and valid as long as
the building permit remains valid. Um to you know to marry the two uh development permits um um to the same same requirement that that was um a clarification in addition that we that we did uh to this
ordinance. Um other than that it's it's what you asked for. That's the council taking over these responsibilities. Florida law no longer requires a board of adjustment. That's old board of adjustment an old relic of prehome rule
days when the legislature um actually um codified a process for all municipalities. So council's discretion to eliminate it. >> Thank you council. Uh this is a public hearing item. If we have any technical
questions, we can ask now, go to the public, come back, discuss, debate, and then make a motion. So, um, are there any questions for city attorney or city manager or director? I mean it's this is much more
straightforward just wherever you see board of adjustments it's clearly adding city council and there's a few I think >> clarifying >> minor words that >> I think it Mr. Mayor, I think it fairly
self-explanatory. >> Mhm. So, if there's no questions at this time, we'll go ahead and go to the public. Pro Tim, want to check with you. >> No, I'm um in full support of this. I
think that it's the it's the right place for the decision making process to be once again at this point with our um percentage of our city being built out but also streamlining the process so
that council takes responsibility for these things for any um things that may would have been coming before the varant the adjustment board. So, I'm in full support. I don't I don't see anything
that I have any kind of questions on at this time. This one is as council member Willis said it, this one's more straightforward. >> Yeah. And as U community and economic development
director Tamson said, you know, this is the same as last. It's first of two readings, so we will have another chance if something does pop out. But knowing that there's no questions, I see public hearing item and you are ready. Wow. Thank you so much. >> Thank you. Great improvement. I just
wanted to celebrate your all's persuasion on this. Thank you so much. >> If anyone else intends to speak, please come forward. >> Thank you, Dr. Roberts. Seeing none, we'll go ahead and close
public participation on this hearing item. This also addresses my first comment on it. What I like is uh you know one of the concerns in the past and sort of a brain bender is when you read through the the code and it talks about this board of adjustment who probably meets
less than any other board. You know if you go back through the minutes in the historical records and that board was it seven? It could be up to seven people. very rare to see
seven members in that board. More often than not, a quorum of three and so just think about that difference. It's rare to not see five up here. It's a new addition of it was lonely before your uh swearing in tonight, but we have
five. And uh I think that in itself is a kind of an indirect benefit for the other obvious reasons is we're elected and I mean that board is appointed by elected officials. So thank you for putting this together council.
Does anyone have a concern? If not, we can move. >> I'll make a motion to approve ordinance number 092025. >> Second. Motion made by mayor pro Tim Jim Kellum a second by council member Shriak.
>> That's Jackson. >> What did I say? >> Did a long >> it's light. >> It's a long night. >> Mickey if you're watching at home I know you're giggling. So yes that's great. Thank you for the clarity. Mayor Perim
Jackson. Any further discussion? Apologize for that. City clerk. >> Mayor Pro Tim Jackson. >> Four. Council member King.
>> Four. Mayor Morrison. >> Four. Council member Shiaak. >> Four. >> And Council Member Willis. >> Four. >> All right. Uh, ordinance 092025 passes 50 on first reading,
which brings us to uh items for discussion. We've already uh taken 11.1 up. We moved it. We are now at 11.2. Blue Origin. Mayor Pro Tim Jackson submitted this floor yours.
>> Thank you. So, Blue Origin has applied to discharge up to nearly half a million gallons of processed and unprocessed water every day. The Florida Department of Environmental Protection has said that for uh public hearings to occur,
requests need to be made. The draft permit number FL0 A00 0007-00002- IW7A submitted by Blue Origin to the FD for discharge of 0.049 049
million gallons per day or 500,000 gallons of process and nonprocess industrial waste water to the Indian liver Indian River Lagoon for the sake of transparency. Uh a public hearing needs to be held so
that the public can provide input at the very least. The Blue Origin wastewater discharge permit application will be approved by the Florida Department of Environmental Protection unless sufficient public comments warrant further review. The public has until,
and this says November 20 or November 30th, but the cut off date for requesting is actually tomorrow um to submit comments by mail or request a public meeting. Any interested person
may submit written comments on uh f Florida Department of Environmental Protections proposed permitting decision or submit a written request for a public meeting and I've given the information on that. Now, um
the county uh the county commission voted to request a public uh public meetings in regards to this discharge and we have I've seen citizens and of Breard County discussing this and they
haven't been aware that as a local municipality or the county commission we don't have any jurisdiction over Florida Department of Environmental Protection. But what we can do is request
these public meetings so that our citizens voices are heard and there's transparency in the process. So, I'm in support of the county commission's letter that they sent requesting these meetings. And I would like to ask
council for us to send a letter as well. Um, and I'm going to let the city attorney discuss that because he h he and our city manager have received a copy of the Brevard County letter and we
can really piggy back on that. But the letter is due to be it needs to be mailed by tomorrow. And I think that we need to support our county commission since none of us have any jurisdiction over this and we need our citizens
voices to be heard about this issue. I'm my greatest hopes is that they'll use the brilliant minds that we have at the spa in the space industry out at the space center to innovate with something that's uh maybe more palatable than
dumping waste water into the estuaries. Well, thank you for Oh, city attorney. Um I think sorry, Mayor Prom Jackson. That's okay. >> Thank you. >> So, um as Mayor Prom indicated, the deadline to submit um the request for
public hearing is either tomorrow or the day after. But, um I first I want to thank the county attorney's office um especially the county attorney. I spoke to the county attorney about this a couple weeks ago. Um and he advised me that the county staff was kind of looking at this and and getting and
preparing a response. I asked him to share that response when it when it was completed and um sure enough uh County Attorney Richardson provided me a copy of the of the county's um letter that they uh sent to the Florida
Department of Environmental Protection. At this point, if the council is inclined to uh support the county, um you just need to direct that I prepare the letter um um which would be in support of the county's letter um which
I think is is nicely done. Um it just the letter in this particular case, it has to be in a certain legal format to submit to FDEP for them to even consider it. So, I'd be I would draft a letter um saying that the city council supports the county's request for a public
hearing. That would be more than suffice and city Cape Canaveral would then be on record requesting the public hearing. >> You would say that the city of Cape Canaveral supports the Bvard County Commission's request >> request. >> Yes.
for all the for all the reasons that they stated in their letter why. And they attached the transcript of the county uh regular meeting of the county commission um on December 2nd and it has um all the speaker input as well.
>> That was really clever and smart because I think Morris, the county attorney, I watched that meeting and he said, you know, each one of you individually can do it, but it needs to be in that format. And then I think they decided, well, we'll just transcribe, take that. And I think this uh you know, the county
is the the big governing authority here, you know, Cape Canaveral uh certainly uh not to that level. However, the fact that FT with no authority does not have to accept the public hearing, this would only
strengthen our county and I I support it. I think it's a very good idea. All in I'm all in favor. We do the same thing that we just did with Cape View. Let's go after it.
>> Council member, I agree. Council member Willis, >> just >> I agree as well. I I I echo what uh Councilman Willis just said. the letter that was sent out under the city's
letter head to um the I think it was the department of the FAA I think it was about the starship and our concerns about that. I think that's very effective. Um so carry on.
>> Thank you, Mayor Perim Jackson for uh and and city staff working. It sounds like we all support. >> Uh Mayor, just one final point. The letter would have your signature. So, you'll have to be available and the the the chair of the commission signed the county's letter. So, I think it'll be
appropriate for your signature. >> Absolutely. Yeah. Tomorrow. >> Tomorrow. >> Okay. I'll I'll get it done and um >> we can have it printed uh and available here in the clerk's office if that would be convenient for you.
>> I will be ready. Okay. >> Two blocks down the road if not here. And so yeah, if if the AM or PM um I'll be here on at short notice. I'll be at the house tomorrow. So >> thank you, sir. >> Yes, sir. Thank you.
>> Do we need a motion on this one? So, I'll make a motion that we send a letter um in support of the letter that the county sent uh to the Florida Department of Environmental Protection in order to
hopefully have approval for public meetings. >> I'll second. >> Got a motion by Mayor Pro Tim Jackson, second by Council Member Willis. Any further discussion? >> Public input on that, too. >> Okay. Thank you, city attorney. Uh so
the decision to send the letter uh as as described and with the motion uh does uh we need with uh public input on that decision to send the letter. I think is so if anyone would like to speak please
come forward. effort. >> It does help and I I don't know uh >> if we mirror the county with one they had several public comments but yes please >> anyway I think it's a wonderful idea great initiative and I just applaud the
city for being an example of municipal support to the county particularly on wonderful issues like this. So thank you. >> Thank you. >> Thank you. Mr. Schaefer. >> Good evening. I'm speaking as a public resident.
>> Yeah. >> Um Mike Schaefer from Merit Island. Um just two real quick points on this. Uh the first one is my source is that the deadline is actually today, not tomorrow. Um December 16th. Um the second point I have is um one of the
things that the county is recommending and I believe FD is also recommending is that a local site is proposed for the public hearing. So if we were to offer a site or if the county offers a site, it will help um encourage FD to host a
hearing locally and they'd be more amendable to it. Those are my only two comments. >> Thank you. >> Thank you. as a concerned resident. I love that and I get it. Uh I think two things jump to mind. Is the rule if it is today, is it postmarked? Because they
talked about old snail mail, right? Uh so if it's a postmark rule, we we missed that. >> It's it's a 30 it's a 30 days from the date of publication and I'm looking at the publication November 18th. Um, and the venue to m Mr. Schaefer's
point, I think the county really for those reasons chose, wasn't it? Coco campus, Bvard Community College. They chose the venue, which uh >> let me see. >> Right. >> Yeah. Yeah, I think at the end of the meeting >> does it say that
>> we would want to and our city attorney might know did Morris or the county attorney I think they chose Coco Did I say Bard Community College? >> Eastern Florida State College. Didn't they choose that as the venue?
>> The county. Did you catch that? >> No, I didn't catch the venue. >> I I saw that I ran into >> Oh, >> I think I'm pretty sure that happened. Um, if not >> to that point, we will
>> follow the county's lead on venue. Obviously, we potentially could offer a place, but I think >> Well, mayor, I I read what the um city attorney has, and yes, it's 30 days from date of publication. Date of publication being the 18th. If you count, today is
the 28th day. If the 18th is the first day and that's the date of publication, today is exactly four weeks from that day. It's day 28. >> So tomorrow is day 29 >> and the 18th on Thursday is day 30. But
tomorrow would be prudent. >> Just counting the math >> day ahead. I mean it actually seems like it's a little better. >> It was. Do are we missing anything like was your math because I know that those days did you catch anything different or >> no because I saw both and I think there
it was contradictory in the source I had so because I saw the 30 days and I also saw December 16th as the cuto off date in the same >> there was some yeah I I remember counting some confusion okay so if venue is mentioned I guess the
contents of the letter if The county in fact did say Eastern Florida State Coco. We're okay with that. And we would, I guess, include that in our letter as well. And it would be a postmark because it is not going to get to Tallahassee.
>> Oh, so I can imagine. Yeah, I think that's great. And is there any >> is it electronic? >> It's all paper mail. >> You can do both. >> We'll do both. Email and US.
>> I love it. Yeah. I think >> only helps. >> Okay. >> Every every bit of mail from Cape Canaveral goes to Orlando anyway >> because that's where the the re the postmark reader and all of that is. Mhm. >> So if you're mailing it from here to
your home, it goes to Orlando. There's more travel miles between the post office and their mail than I have anymore. I don't have any frequent flyer miles like that anymore. >> Was there any more public participation? I want to make sure I properly close
that out this late hour. Seeing none, thank you both for your comments. We'll go ahead and close public participation. Council, I think we've got it clear here. Any further discussion? Did we have a motion on this? >> Yes. >> Motion's done.
>> Yes. >> We went to the public. City attorney. Are we good to do the roll call? Thank you. City clerk. >> Yes. >> Mayor Prom Jackson. >> Four. >> Council member King. >> Four. Mayor Morrison. >> Four.
>> Council member Shiaak. >> Four. >> And council member Willis. >> Four. >> All right. The motion passes 50. Thank you again. That was a great way to end it. Right, that's the end of the road of this agenda.
>> And thank you, council, for extending for that. I appreciate it. >> Two minutes for reports if anybody wants to go. I I just wanted to uh pass out the Space Coast League of Cities um legislative priorities that were
approved at the last meeting and also the 2026 Florida League of Cities legislative platform that uh was adopted last Friday. >> Thank you. >> At the legislative committee meeting. So >> very nice.
Take one pass it down and get these are just one page. Yeah, here we are. Front, back. >> Thank you. You got enough that way. I'll pass the rest this way. One of each, I guess. >> Uh, council member Sha King, any reports?
>> It'd be great if you had a long list. >> No, no, none at this time. Mayor, your honor. >> Oh, thank you and welcome. We're excited. >> Thank you. I'm excited to be here. This is a nice crowd to hang around with. Thank you.
>> I agree. >> A little thin now, but it is not. >> Council member Shorette. >> No. Thanks, sir. >> All right. Mayor Pertim. >> No, I am not going to do reports tonight. >> I just want to say that January 20th
meeting with our with the school board in our meeting has me a little concerned. So maybe we look at the reserve date or work with the city clerk and city manager to see if there's any possibility to to move that. It might be a time change and that was my only uh
statement in reports. >> But you're concerned about those >> our reserve date is February 4th. >> Well, that raises another issue. The way our code and charter is worded, I think we have to meet every month.
>> So, we would have to go January 7th, I believe, is the >> I got it right here. >> Oh, that's okay. So, the reserve date for the January meeting was the 7th. when we have a chance to look at our
calendars, assuming I've not even stated this to city manager in our meeting yesterday. It's the first time I'm saying it even really to myself and I think uh we'll just need to think about that and >> okay >> you would you were talk uh stay in the
the issue is a conflict with the school board meeting that same exact day on >> well you're meeting the same day they are but you're discussing having a workshop in advance of that meeting so there's no I mean you're you're meeting as a council on the 20th they're meeting as a board on the 20th but you want to
meet with them in advance of their board. So, you can discuss your matters with them per paragraph 21 of the LA ILA. So, you just have to pick a day before the 20th and um we can send someone to attend the schoolboard
meeting, one of our staff members while we're meeting if you like to to see what they decide or we can just wait until they're done. >> Could we not send our COC representative? >> Absolutely. >> Yeah. I'm just thinking all the above. >> Yeah.
>> Well, the problem is until we know what occurs at the workshop, >> flipping the city council meeting is almost premature in my opinion and we're past our deadline. Okay, we'll have to circle back unless I don't think we want to extend. Thank
you. Those are good points and um let's adjourn or extend. We got to do something here. So, do we want to adjourn? Okay. All right.