Good evening everyone. It is 6:01 p.m. We are at Cape Canaveral City Council regular meeting May 20th, 2025. The city hall council chambers at 100 Pulk Avenue, Cape Canaveral, Florida. I call this meeting to order.
And with that, Council Member Jackson, would you please lead us in the pledge? I pledge algiance 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 very much. City clerk, please call the role. Council member Davis, here. Council member Jackson, here. Mayor Prom Kellum
here, Mayor Morrison here, and council member Willis here. Council, thank you all for being here and thanks to our city staff and anyone participating in the public. This time we can approve the agenda as written or with any
changes. Tonight we have uh three under presentation, two proclamations, and some new city staff introductions. We'll go to public participation. Few items on the consent agenda and three items for action, two
public hearings, and one discussion item. Be ending with reports. I make a motion we accept the agenda or approve the agenda as written. Second. Got a motion by Mayor Perim Kellum, second by council member Willis. Any
further discussion? Seeing none, city clerk, council member Davis, four, council member Jackson, four, Mayor Prom Callum, four, Mayor Morrison, four, and council member Willis, four.
Okay, great. So, with that, the agenda is approved as written. We are first into the presentation interviews portion of the meeting. We have two tonight. Uh the first one here is the National Poppy Day Proclamation and then we will do the
municipal clerk's week. So first I'd like to actually ask and request Mayor Pro Tim Kellum to have the floor. Thank you. Thank you. This is a presentation of a proclamation declaring the week of May 21st to May
26th as National Poppy Day in the city of Cape Canaveral. Encouraging the cit citizens of Cape Canaveral to wear a poppy before Memorial Memorial Day as a symbol of the sacrifices of our military that our military has made. The American
Legion Challenger 7 Auxiliary Unit 348 of Cape Canaveral has been established almost approximately 36 years. Miss Mary Fish, the American Legion District 12 and American Legion Challenger 348
President has been a member since 2010. She has been invited by the city council to this meeting to receive the proclamation from the city to recognize May 21st to May 26th as national poppy
days. At I believe I speak for the council when when I say thank you to the American Legion Auxiliary for their unwavering support of veterans, their family, our community. With that being said, on May 26th, the following events
will be held. The American Legion Challenger Auxiliary Unit 348 Memorial Day ceremony in conjunction with the Veterans of Farm Wars will be held at 10:00 a.m. at Veterans Memorial Park at
212 Pulk Avenue, Cape Canaveral. The American Legion Challenger Auxiliary Unit 348 memorial barbecue will follow at 12 noon at 105 Lincoln Avenue along with the VFW Post 10131
Memorial Barbecue at 12 noon at 105 Longpoint Road, Cape Canaveral. With that, I will turn it over to Mr. Mayor. I'll speak as loud as I well reasonably loud. An official proclamation of the
city of Florida. Whereas for the last 36 years, the annual distribution of poppies by American Legion Challenger Auxiliary Unit 348 has been officially recognized and endorsed by government leaders. And whereas on September 27th,
1920, the poppy became the official flower of the American Legion family to memorialize the sacrifice of lives in war. And whereas in 1924 the distribution of poppies became a national program of the American Legion.
And whereas poppies are assembled by disabled veterans and the proceeds of this worthy fundraising campaign are used exclusively for the benefit of disabled and in need veterans and the widows and orphans of deceased veterans.
And whereas meeting the continuing needs of our veterans should be the concern of every American who values his or her freedom. And whereas the Challenger 348 auxiliary unit promotes the poppy as a symbol of the sacrifice our military has
made a symbol to open people's hearts and inspire them to donate. And whereas citizens are encouraged to recognize the merits of this cause by contributing generously to its support and accepting poppies during the days set aside for
the distribution of this symbol to honor every service member who has died in the name of liberty, freedom, and democracy while also showing their support for living veterans, service members, and their families. Now therefore, I, Wes
Morrison, mayor of the city of Cape Canaveral, by virtue of the authority of set office, do hereby proclaim May 23rd to 26th, 2025 as National Poppy Days in the City of Cape Canaveral and encourage
the citizens and visitors of Cape Canaveral to wear a poppy as the symbol of support and gratitude to the men and women of this country who have risked their lives in defense of the freedoms in which we continue to enjoy as Americans signed and sealed this 20th
day of May, 2025. Thank you. If you'd like to say a few words and then the council, if you'd like to come down, we can take a draft as well. I'd just like to say uh thank you all for accepting the poppy that I gave to everybody who came in. Um, if
you don't know why the poppy was chosen, um, it was because during World War I, uh, many of our, uh, soldiers died in a place called Flanders Field. And while
as they they laid there, the poppies came grew from the ground. And so the poppy, the red of the poppy symbolizes the blood of those soldiers who gave their lives, but it also symbolizes the
life that they gave those that left they left behind because they continued to grow. And so in 1919, the American Legion uh adopted the poppy as the flower and the auxiliary
started the year after that. And so we as the auxiliary accepted the poppy as the the symbol for those who have given their lives for us so that we can live in the country that is
free. On Monday it will be Memorial Day. We will have services in our Veterans Memorial Park right out here at 10 o'clock. We invite the whole public of Cape Canaveral to come and support all
the people that supported us to give us this land of freedom. Thank you. [Applause] It's [Music] All right. Thank you again. We appreciate all the
American Legion and our local VFW does here for our community and certainly appreciate the veterans and Mayor Tim Kellum. Thank you very much. Okay, the next proclamation is for our city clerks. Uh, an official
proclamation of the city of Cape Canaveral, Florida. Whereas the office of the municipal clerk, a timehonored and vital part of local government exists throughout the world. And whereas the office of the municipal clerk is the oldest among public service areas. And
whereas the office of the municipal clerk provides the professional link among citizens, the local governing bodies and agencies of government at other levels. And whereas municipal clerks have pledged to be ever mindful of their neutrality and impartiality,
rendering equal service to all. And whereas the municipal clerk served as the information center on functions of local governments and the community. And whereas municipal clerks continually strive to improve the administration of the affairs of the office of the
municipal clerk through participation in educational programs, seminars, workshops in the annual meetings of their state, province, county, and internal international organizations. And whereas it is most appropriate that we recognize the accomplishments of the
office of the municipal clerk. Now therefore, I, Wes Morrison, mayor of the city of Cape Canaveral, by virtue of of set office, do hereby recognize the week of May 4th to May 10th, 2025 as municipal clerk's week in the city of
Cape Canaveral and further extend appreciation to our municipal clerk, Esther B. Coulson and to all municipal clerks for the vital services they perform and their exemplary dedication to the communities they represent.
Signed and sealed this 20th day of May, 2025. Esther, please come down. Thank you. Appreciate you very much. There it is. Okay, I'm good. Oh, they're working. All right, let's do a sound check. Any
sound better. Testing. Testing. Okay. Does anyone have trouble just hearing me? Period. If I at this level. Um, okay. I'm I don't think the mics are on. The light is on. Uh but maybe we can get it
figured out. Uh one technical question in regards to live stream. Is there any is that happening? Um this is being recorded. Yes, it it is. But is it being live streamed as well? I just need
it. Just curious to know if um Yes. If you can hear us from home, we can proceed with the meeting and if there's I guess nothing really we can do about it or if there's anything I can do, please let me know. Right. Okay. I know someone that may be on. I can check. Okay. She she's she's checking now.
Yeah. Okay. These should be on. It seems that that would make testing one, two, testing. That's test one, two. We the people. One, two, three.
Okay. So, maybe it's I we have power. Uh test test. That's got a little It seems like testing one too. Thank you all for your patience as we work through this. Okay, roll with it. If I need to pause for any
reason, if it's okay, I'll just go proceed. Sounds like everyone here is can hear. Okay, with that, that concludes the u two proclamations. We have one more presentation, one I'm excited about. We are on item number
5C, new city staff introductions. Uh it looks like we have five uh new members to the team and our interim city manager. I think Mayor, it's my uh pleasure to introduce uh Tamson Bell,
our new community and economic development director. We're so glad she's here and you were worth waiting for. She's finally here. and Cheddy Henry, our records management specialist and also assistant city
clerk. And um our other members aren't here, but they're new. Craig Brown and Paul her with the uh parks and recck [Applause] division. And that's it. So, we're we're
I I would just like to say that the city's continuing to hire quality staff. and what has uh transgressed here and transcended in in in city hall has just been absolutely wonderful in the last few months and I'm
so glad that we have so many quality employees. So great great job. Thanks. Thank you. Yes, absolutely. Welcome to the city of Cape Canaveral. We are thankful you're here and interim city manager John really
appreciate you doing that. taking the the brief moment. Here we go. All right. There we are. I'm going to say I appreciate you more often. Things start working. Thank you. Thank you, Mayor. Yes. And and yes, excited to get to know everyone a little
bit better. So, thank you. All right. I think we we got power. All right. Yes. That concludes the uh presentations uh for today and now we are on to public
participation. I've got a few cards up here. If you do intend to speak, please go ahead and fill one out and we'll make sure you're heard. Uh the four cards here um I think um Miss Kim McCort,
Mr. McCort, uh I if you are ready, please come forward. Thank you so much, Kim. Thank you for having me today. My name is Kim McCord. I lived here for three years and went down to the beach
several times, several hundred times and never had one problem with anybody or any animals until last year. Can't really talk about it too close cuz I'll start to cry, but a dog
mauled and almost killed my girlfriend. So, here's a few things that I'd like to talk about. You guys have a dog problem. Dogs, dogs, dogs. I know some of you may not like part of this at all. I usually kept saying that things
like this that I worry about are really never going to happen anyway, so why worry so much? And that that was true until the day we were attacked and nearly killed on the beach, Cape Canaveragal, because I wasn't expecting a wild beast to come up out of the water
and try to kill us. So, I thought we'd come back to Coco and try to heal. Brought my family back here to come to this meeting so we could hear about the new dog laws.
So, I agreed to go down to the beach. My girlfriend steps onto the boardwalk. I think everything's fine. I step down to the water with my stepson. We look back and there's a
giant dog in our way going back to the car. So, I have to make a decision. Who do I save now? So I saved my son. So I run over there, saved my wife. So I stepped over and I told
him, "Please take that animal off the boardwalk until we finish walking by." And the guy kind of hummed a little bit. So I told him in no uncertain terms, "Walk your dog off of here." I escorted him. We walked over. Family got in the
van. There was nobody hurt that day. The dog was on the leash. And I'm going to run over if I don't hurry. That was at uh I can't remember exactly. And there
three four times that we were stuck in this town. No way out at park, a beach. Four times already. And I've only been here two days. Your animals are in
restaurants. They're in the Publix. They're on the road. Any transitional space that I walk now, I have to decide who do I save first. Which one? I can only bring one family member now. I'm not coming back because I'm too scared
to be here. As you can as you assume, if you have to save a family member, it's going to stay with you forever. Thank you very much, council members. Thank you, Mr. McCord. This is a public hearing item and if you didn't finish, we will open it back up when we get to
that item. And thank you for your courage to come forward and share that with us. The three more cards. I'm just going to double check the other one. Uh Mr. Brad PL as I think the same
topic. We'll stay on topic. If you'd like to speak now or the public hearing or both was stroke. Oh, that's fine. Yes, I think. Yes, we have eight with uh Yeah,
8 A, B, and C. You're right. Thank you. No worries. Thank you for what you do for our community. Okay. I want everyone to know I am talking as a private citizen. Okay. I'm following up as per the CIP workshop
number two that happened last week. Um it's just a followup just after councilwoman uh Jackson volunteered to pressure wash the Manatee Park pavilions. didn't
forget. She mentioned a very salient point that when we build buildings or out parcels or whatever, we have to have in our budget funding for maintenance of those
properties. She said before we build any new new buildings, we need to have that type of budget. uh for with that being said, I do not believe we need a a concession stand whether it's going to
cost $100,000 or $20,000 to be built at our little league field. that money. And granted, it in a $30 million budget, $50,000 is nothing
comparatively, but we need to upgrade our facility at our little league field. Why? One, a hot dog vendor isn't going to recruit new players to the Space Coast Little League. It's going to be the facilities. Who makes that decision?
It's not the player. It's the parents of these 10 and 11 and 12 years old. It's also the player when you get to an older age. Isn't that so, Mr. Mayor? As your daughter, I'm sure, has found out, it's the
facilities. We need to upgrade the the foul line distances, put air conditioning into the press box, upgrade the dugouts, put shelves there so the kids could hang their batting helmets and their bags.
[Music] Um, lastly, sorry, also our field is so cool. It's like Wrigley Park. It's in the middle of a neighborhood if you can make that comparison. But lastly, San Piper
Park is in desperate need of repairs. At the meeting, everyone said they have not been at San Piper Park in a long time. That project has been kicked down the road several
years. We need to upgrade that now. I know it's in the budget. I implore you not to allow that project get redlined due to maintaining our current tax basis. What's embarrassing about it? We
have a crown jewel called the C5 building and this disrepair park is right next to it. that should be our ultimate area to bring community activities to the green grass area and
whatnot. Um, and lastly, that will that will make the parents of our small children proud of our city and bring their grandparents to the park and they also vote. Thank you.
Thank you. John Benton. Okay. So, we know why I'm here. I'm here for a code reduction hearing. I've been asking for one for 10 years and I started at the very beginning. And you're giving people other you're you're handling code forward code board issues
yourself. Why can't I have a code board hearing, a reduction hearing? I wasn't even allowed to defend myself in there. And you had a lawyer helping you out. The lawyer sitting right over there, he knows I wasn't allowed to defend
myself. Why didn't you fire that lawyer? She knows more than anything if someone gets up and puts someone and accuses somebody of something that somebody me gets to defend myself. He won't even defend his own
lawyer. And you had the FBI come in. What the FBI tell you? Yeah, you got the wrong guy. You shouldn't have done this to John because he was up that warehouse coming out on a private school and that school was a Jew school. He's Jewish. That lawyer was Jewish. I can so I can
point that out. I'm Jewish. You I'm Jewish. You can all be Jewish. I don't have any problem with you. I have a problem with this one. John, shut your mouth, man. John, you do that again. You're going to leave. Please address me if please uh please refrain. Abs, please
refrain from and let John speak and I'll pause your time there for 10 seconds. I'm not racist against Jews. I'm just pointing out that there's five Jews. City manager, the city mayor, Rocky Randles. You said in those board meetings that you were handling that it's been going on for decades. Who was
on the board for decades? Rocky Randles was on the board. He said he knew I didn't live in that warehouse. I'm coming out on a Jew school in 1993 and I'm doing it again in 2014 because I missed some people. I'm sure the FBI
told you that. I was sending that information to Judge Rainwater. My man went to jail in 93. I was supposed to testify against him. I didn't do it. That was to help the people then out. I didn't even know
the people. And I'm going to get up there and testify about what that teacher did to me at the Jewish school. He wasn't a rabbi. He was a Baptist. And Mrs. Weinberger fired him and had to change the name of her school. You wouldn't see a Catholic school doing that. They send him to the next school.
She fired him. I say I say the lawyer found out that I was coming out on a Jew school and they don't like it. The same as a Catholic school. I'm a victim. I came out three different schools, man. And that's what I was doing in my warehouse.
I didn't live in that warehouse. I had a cop in the unit next to me. He was up there as much as I was. Kevin man, the one that came in and testified that I live in that warehouse. His son is a sex offender and he was living in the warehouses. That's what the state of Florida said on the sex offenders list.
How clever. They can't hear you. You're going to let that go on? You're going to let them call me out? You tell me I can't turn to the audience there, but Rocky wrangles did it. The last time he was in here, he took turned around half the time. Let your lawyer defend himself.
Thank you, Rick. Is Rick here? Is it Well, hey, Rick, come on forward. Yes, I see. Thank you. I I just have a very mellow I was just trying to get uh I'm I'm from Port Side Villas and um we we've been
working trying to work with with the city and with the port on those big mounds of uh whatever aggregate or or whatever it is. Um, and I'm trying to get a follow-up as to where we stand on the barrier wall that was supposed to be erected and the landscaping that was
supposed to be put in because we're still in the dark as to what the status is and what the timeline is. If I could just get that clarified, please. Thank you. I would defer to our interim city manager to potentially follow up
with you. Have you reached out to any city staff at this time or I know you haven't received an update just if somebody has from the HOA organization. Um our president uh Michelle Height was was lead on it and and she was unable to
make the meeting tonight. So, I just I'm just kind of standing in her places to uh just to follow up and just try to get some clarification and see where where where we are in this process of um mitigating the uh aggregate blowing over cuz the mountains do seem to be getting bigger and bigger. They almost they
almost have snow on top. They're they're they're so high. I mean, they're just they're just huge huge. And they seem to be getting bigger every couple of months instead of smaller. Thank you. Yes, sir. That's for that's all I have to say. I council might want
to say a few words if you don't mind. Council member Willis. Well, I I remember and we discussed this earlier that city man previous city manager and I believe pre previous uh uh community and economic development director was
going to look into putting up some sort of barriers and having having the aggregate company put up a barrier, put up some um trees, etc. to block not only the view but uh
for any of that aggregate blowing over. So, and I I remember also that they were going to put up sensors. Isn't that what Zach said he was working on that Yes. We've had a have a new community
and economic development director. It looks like she's coming up might be willing to share something with us. Do you want to come forward and speak? Thank you. Thank you. Should I stay standing or should we seat or just step aside? We might need to You more than
welcome to sit down obviously, but I don't think Does the council have any more questions here for Rick Tson? You could sit there and just turn a mic down. Sorry. No, that's okay. Thank you, Mr. Weiss. Try to get you some answers. Yeah, we uh we just met about this
briefly and we're um we've we're pulling all the department heads together and uh different agencies that are pulling uh that are involved in this and we were getting a response uh and um and uh uh responding to their permit requests. So,
we're we're on it. Um but just give me a moment. I just got here last week. Excellent. Thank you. And as I remember the things I think council member Willis was sharing, I think we all sat in meetings and I heard if I think all all
of those as well. um the communication with the president I think as Rick was saying the HOA I just wanted to make sure we were not communicating with one and maybe it it doesn't go past that and if the the residents there um obviously
any member of the public you don't have to be the president of the organization to I think find out what's going on but I can tell you the council here is um concerned and and hopefully once we get settled in Yeah, we'll hear something. But thank you. Yeah, for
preparing a response for that. Thanks. Yeah. And mayor, we'll elaborate on this in our uh meeting tomorrow morning that I have. Okay. With staff. Thank you. Thank you, Tamson. Brad, I got a second card here for you as well. Um,
okay. You want to take that when we get to it? Thank you, sir. Now I see what you were saying earlier. Okay. If anyone else spoke, I that's all the cards I see. Please come forward or let us know. Okay. With that, we will go ahead
and move on to the the meeting. Uh first is a consent agenda. Uh we've got a few items here. Um I do have one question on them. Uh, one of them, uh,
it's it's on 7 A1. I would like to pull a the January 28th, 2025 special meeting minutes, which effectively is
related to B as well. But, um, it's just a a quick question. So, if we approve, and no one wants to remove the April 15th, I think we can approve that. I'll tackle the question and we can go. Motion. I'll make a motion to approve
the consent agenda 7 A2 and B or no. Well, no. No. The mayor wanted to pull B. Okay. I'll second. Got a a motion by Council Member Willis. Got a second by Mayor Pro
Tim Kellum to approve consent agenda item 7 A2. Any further discussion? Seeing none, city clerk, council member Davis, four. Council member Jackson, four. Mayor Prom Kellum, four. Mayor Morrison, four, and Council
Member Willis, four. Passes 50. The amendments for the April 15th regular meeting. Uh jumping back up to item uh 7B really uh but it's related to A1 um
cuz it's an excerpt from it. Um were there any changes from the last meeting to this one that that we're aware of? I know that there was some
just clarification that was needed, but I didn't go back and see. I just wanted to see if there were any changes from um the January 28, 2025 meeting that we saw last month in April
did not take any action on it and the verbatim excerpt which we saw there as well to today's version. I can speak to the minutes. There were some uh corrective changes that I addressed in the minutes on page three.
I the verbatim transcript I can't I can't speak to. I don't think there were any changes. I would ask the clerk. She's nodding no. There weren't any changes to the verbatim excerpt. It was just uh corrections to um the January
28th special meeting to reflect what was actually um occurred at the meeting. Okay. Was there were they substantial generally or where were those changes? I just on page three. I Okay. Um
and page three of the minutes. Page three of six. Were they substantial changes or anything? Uh they were significant corrections. Okay. Um for example, the third the third paragraph
Mhm. starts with Mr. uh Mr. Mley Yes. was corrected and um so was the following paragraph. Okay. Thank you, Mr. City Attorney. Councelor, are there any other questions
on this? I I'm I'm good. I think the one this is just small actually and it might be intentional on the verbatim minutes. The first line is
um normally I don't need a mic but for recording purposes so I'm on the attachment three the verbatim mic is spelled like the name but that's not anything I I don't think it needs to be changed in instead
of a microphone I just didn't want it to be confused and I don't think it could be but If if that was something that I think the guess is phonetics of it is Mike but
mic if that's even that's not substantial. Thank you. Just wanted to point that out. Anything else? I have one question. Council member Jackson. um under the the
um section where it's giving the individuals that were in support of the existing city manager agreement. It lists Bruce Robertson. I believe he was not in support. So I think he should have been in the other
group. Okay. I don't know if that makes a difference, but that's the only thing I found. Yeah, I think it any any statement of support by a resident should be accurate. Um, what page was that on?
That was on page um two of attachment one. Thank you. Okay. So, that would just be a matter of moving the name out of that group, the first group I see his name there into
uh that next paragraph. The ne is it okay? That next group. Council, do we clerk? If that's something you could do, I think we could approve it with those changes if that's okay with our city attorney. No reason
to. Yeah. I mean, it's council's minutes. If the council wants to make that change, what occurred that that it is to remove one of the names residents, specifically Bruce Robertson, down
to the next group of people. Yes. Any issue with that, council? Do we want to do that? I feel like we we have to. I think it's I mean, we need to be accurate if we're doing this. You know,
we've been working on these minutes for several months and that one piece was not accurate. Yeah. So I think for accuracy sake we should Okay. Turn council member Davis. Yeah. The
ones that you said that that you were a change. What was the reason for both of them? You said there was different changes of those. What were the ones? Is that is that direct? Yes. Oh, I wasn't sure if she was referring to the names or no about the
change on page three said you wanted to change. Well, they were changed. They were taken off the at the last meeting. They were t um taken off the agenda and um paragraphs two and three were changed and modified
to reflect what actually occurred. The original draft was out of it was I think a little out of context. So I went back and listen to the um recording several times and modified paragraphs two and three to
reflect what occurred in proper context. Okay. Council member Davis, was there any Thank you. Okay. If there's not anything else, I think uh the
the verbatim mic to mic is a change that I wouldn't say is substantial, but I think the bigger of the two was back in the minutes as council member Jackson pointed out. Was that clear on that that that change? Yes. Okay. With that, um,
looking for a motion. If there's anything else with the proposed changes, make a motion to approve consent agenda 7 A1 and 7B as amended. I'll second. Got a motion by council member Willis
and a second by Mayor Pro Tim Kellum to approve as amended item 7 A1 and 7B. Any further discussion?
These minutes were important. So, thank you for working through it. City clerk, council member Davis, four. Council member Jackson, four. Mayor Prom Kellum, four. Mayor Morrison, four. Council member Willis, four.
Motion passes 50. Now we're on to items for action. The first one we have uh resolution 202506 for the community and leisure service board member James Stoby. And
today it's a motion to consider the adoption of resolution 202506 which appoints Mr. Stovey to the Culture and Leisure Services Board. As I understand it, Mr. Mr. Stoby is currently an
alternate and uh we had a resignation as explained in the agenda. Mr. Stoby is willing and able to step in to become a member. And I guess uh Mr. Interim City Manager, is there anything else on this resolution?
No, sir. Okay. Council, any questions on this? No. I'll make a motion that we appoint Mr. We have a We have a public comment on this one. You have a card. You
are absolutely correct. Thank you very much. How could I have forgotten? Mr. Prell, this is what I thought I I called it a public hearing item and I and I apologize for that. It's not a public hearing item. The floor is yours. Thank you, Council
Member Willis. As many of you know, I am on the cultural leisure uh park and wreck uh volunteer board. I want to say that Mr. Stoby as an alternate has attended every meeting a as an alternate
had no vote, showed up to every meeting. In addition, if there was questions that we did not know pertaining to pickle ball, tennis, whatever, he was able to answer those questions uh from the
audience. Uh I think he would be a great addition to the U board. Thank you. Thank you, Council Member Willis. I'll make a motion to approve resolution 2025-06.
Second. Got a motion by council member Bis, second by council member Davis to approve the resolution as written. Council, any discussion? Seeing none, city clerk,
council member Davis, four. Council member Jackson, four. Mayor Prom Kellum, four. Mayor Morrison, four. Council member Willis, four. Resolution 202506 passes 50. Thank you again, Mr. Toby for your commitment to the city. Look
forward to your participation on that board. [Applause] Yes. The next is item 8B, the city manager uh employment agreement. Uh motion to consider the approval of the
interim uh city manager employment agreement. Uh back up if you want. Okay. Thank you. I don't know. Uh I think this is for the interim city manager. Uh ju that just might be a
title issue. Thank you. On the agenda item title, right? It's the interim city manager employment agreement. I think the text of the agreement is all interum. It just the title says city manager, right? It's only related to the um
current interim city manager contract. Okay. Thank you. So um second we're going to that one. We have uh Mr. Interim City
Manager. I believe this one here is Yeah. Well, as it's submitted by our city attorney, u would you like to give us an overview or anything that we need to know? Uh um yeah, certainly.
Um the interimm uh city manager, if you recall, the um cont the current uh interimm city manager contract had an expiration date on it. U that date is uh you know soon approaching here. So, this
interimm city manager um Mr. Deileo um contacted me and um would like to propose um an extension um of the interimm city manager contract in light of the fact that the city's city's recruiting manager seems
to be making some really good progress um with the search for the permanent city manager. So, the in the Mr. DeLEO is uh requesting um a couple of changes to the current contract. One of the contract one of the changes is um to
extend the term to September 1, 2025. Um you know, unless sooner terminated uh by the by the city council. Um as you know, it'll automatically terminate if and once the council makes the permanent selection of
city manager. But um the the Mr. DeLo is um is is requesting that it be extended to September 1, 2025. Again, in light of the fact that uh Mr. Bezinger seems to be making progress and is is getting close to submitting candidates for the
city council's uh consideration on the permanent position. The other change that's being proposed by uh Mr. Deleo, I I'll let you know Mr. Mr. DeLo um state his rationale, but he's requesting um an
adjustment in the uh annual salary that of course is prrated on a monthly basis as long as he's um continuing to serve in the interimm city manager position. So the updated salary um is reflected in
the um first addendum that's um in your package for consideration. Thank you very much. John, our interim city manager, is there anything you'd like to add to this? No, just uh you requesting a $2,000 monthly
salary increase. I currently am saving the city $15,000 a month in my capacity. I also do not take the city's um health plan, which saves the city $18,000 a year. I do not take a car allowance like
other city managers get. So, um, keeping me on as the city manager at $2,000 additional a month seems like a pretty good deal for the city and I'm willing to serve faithfully for this staff who's
doing just a hell of a job. And, um, that's all I'm asking for and I'll continue to lead this staff and um, I think the city it's a win-win situation and it saves the taxpayers a lot of money. That's all I have.
Thank you. Right council, this is an addendum to we we approve the agreement. This is an addendum to extend and to increase or adjust.
Um any comments here? I'm approve everything he said. Thank you, Council Member Davis. Council member Willis. Um, well, I think John is uh leading us through a a lot more than he originally signed up for since we are
moving further into the budget season. originally wasn't planning on being in that position that long, but uh I think he's done an admirable job even though he has a excellent staff working for him and Cheryl has stepped up to uh help him
and uh I think it's uh well worth for the summer to uh increase it. Thank you, Council Member Willis. Council member Jackson. Well, I almost am looking at a completely opposite approach than what
was described in respects the fact that we are just now getting candidates. And as I receive some of these candidates, I'm doing a little background of my own and taking a look. And I think that in order to move us
forward and give us the time to look into these candidates the way that the council really needs to do that it it behooves us to have Mr. DeLo handling these things during this interim period without us feeling rushed to make a
decision so that we can make a smart decision as a council. So, with all that's on his plate, I'm in support of his um extending this because this is a lot of work he's got going on um along
with the budget season and all of that. So, I think it get takes a little bit of pressure off of us as we move forward investigating and looking at the candidates ourselves as well. We may not feel as rushed.
Thank you, Council Member Jackson. Mayor Perim Kellum, I agree with Council Member Jackson. I think I think John's doing an awesome job. He's got a lot on the plate. A lot has happened in the last few months, and um for us to feel
comfortable hiring a new city manager, which is a big thing, and we we have a great guy in in place and a great staff. So, I I'm for the the raise. Thank you, Mayor B. Tim Callum. I support the council and and our interim
city manager as well. I think that um one of the things that I'm also looking at to add to what's already been said is the the finance director position has I mean that's obviously your primary
position but now the primary is interum city manager. Is there uh a estimate on when the finance dire uh or I'm sorry the deputy finance director I guess is there some hiring
going on in that department as well? I I think you're you're talking about the deputy city clerk, right? Because I I have a finance manager, Cheryl. Yes. Joey is a senior accountant who is progressing extremely well. And I think
I could uh confidently tell the the council that on um at his two-year point, he would have got through two budgets and two audits and doing extremely well. I would see his promotion being February 5th of next
year to deputy uh finance director. He's right on track there. And you were right on the uh deputy city clerk. that we are what we're doing right now is we are we're looking for a deputy city clerk,
but we may recategorize it to an assistant to the city clerk because there's not a lot of deputy city clerks that actually exist out there. And what we're finding is it may be more practical for the city to go to an
assistant uh to this city clerk because that person needs to be groomed in to that position to learn those type of duties. And currently Cheddy has come on board as rec as our record uh manager, but he uh he is assisting the city clerk
as you can see uh right now. So that's the plan and we are conducting interviews and um we're hoping that um you know this all comes to fruition. So uh that's that's what we're doing right now. We we are we're aggressively
pursuing this and um let me and let me just say this in history. So so you just know this is when Mia go forth came to work for the city. She was an administrative uh person who became the
uh uh Cheryl correct me. Did she become the deputy city clerk or did she just become the city clerk when Angie left? Okay. she became the city clerk and Daniel who is the deputy city who became deputy city clerk he came to us as an administrative person too. So if we
could find a strong administrative assistant person who is willing to be motivated to take on these duties uh will train them and that person will come on at that level which is more here mayor than up here. So the city could
benefit in many ways. So we'll we're going to find somebody. It's a difficult position to fill, but um we think we're getting much closer. And in the meantime, we have Cheddy here who's helping um Esther. Um we have Kelly in
finance who's helping Esther and Lisa is uh anything that Esther needs that Lisa could perform uh in administratively. Uh so we're working as a team. So um we're okay, but we need to get uh that position filled. Thank you for that and
the in the update. It's the uh it's one thing to be the interim city manager during budget as stated as finance director to step out and then not having I mean organizations are always hiring but the over the past 6
months we know that the positions that were hired we met five tonight. Um some of those at the director level can can it's you're not taking over a fully operating team. There's a lot of new faces and I appreciate you on boarding
them, continuing to communicate those to the city council and um I I support this. I think it's a it's a very very good move for us. Thank you, mayor. I just want to add too is with the uh council I know they realize
but what the public needs to realize is when you fill so many new positions and bring on many talented people regardless there's an adaptability factor there's a settling in factor of getting familiar with the issues and whatever this is a
process this is doesn't happen like the click of a hand but when you have dedicated people you know we'll get there and we'll get there rapidly so I just want to let you know Thank you. Okay, this is uh item 8B. Council, uh heard from everyone. If
there's not any other comments, I think uh we've got Did we have the motion? No. I'll make a motion to approve um the recommendation for uh the increase for the city manager
employment agreement. I'll second. Got a motion by council member Jackson, second by council member Davis. Any further discussion? Seeing none. Oh, council member Willis. This is an addendum to a contract. Just not just a promotion. I mean, not just a
salary increase. Yes. Okay. Increase salary. Okay. Anything else? City clerk. Council member Davis. Four. Council member Jackson. Four. Mayor Prom Kellum four, Mayor Morrison four, and
Councilman Wallace four. Motion passes 50. On item 8B, interim city manager employment agreement. We are now on to item 8 C, which is the kayak, paddle board, ecoour
lessons, and rentals contract. Um, A1A management LLC doing business as A1A Beach Rentals. Mr. interim city manager. Do you want to obviously we we give us
a Molly introduction. Molly, this is whoever he thinks. If Molly's staff's recommendation to approve the contract for recreational franchise for the provision of
kayak/paddle board, ecoours, lessons, and rentals to A1A management LLC at Banana River Park in Washington Avenue beach crossover and authorized authorized interim city manager to execute the agreement. Um,
mayor, if we need any uh detailed explanation or extra information on this, Molly Thomas, our um director in parks, wreck, and cultural affairs, will come up and could speak of it. Um, would you like that to
if if I mean, I've read through it and know if it's helpful. Absolutely. Well, you want to just give a short synopsis of uh what this all means for the city and that kayak service.
All right. So, as it kind of outlines on the uh summary sheet, it's against city code for people to do business on public property. So at some point in the history of the city, they decided to
make certain um uh allowances and a mechanism for people to provide services that the city isn't necessarily able to provide themselves for either staffing reasons, liability reasons, so on so forth. And that is uh evident in chapter
54-6 of the city's municipal code, which is provided as an attachment. Um, historically the only recreational franchises that have been around, and I can only speak to the last 11 years of the history on this, um, Anthony may be
able to speak to more because he's um, been around a little bit longer, but the only recreational franchises that have been around since I've been here is um, an ice cream vendor on the beach. There was one. Uh there's been uh the kayak
and paddle board company that is actually the same one being recommended today and uh a surf instructor that was out on the beach sandy beach which was here when I first started. Um when I inherited the department in 2022, I
realized that the recreational franchise agreement had not been updated, adjusted, etc. No one had done anything with it. Obviously, there was a pandemic kind of in the middle there. So, here there um when I spoke with the city attorney to see what needed to be done,
it was his recommendation to put it out for another competitive um opportunity for people to submit proposals. We received two of those. Obviously, one was more robust than the other. And um the
uh companies that submitted were all told that they could they needed to meet the minimum of what we were asking for that they were welcome to suggest other things and propose other items. It is their business. So you know if they have better things to bring to the table
they're more than welcome to but it's beholden on this council to either allow or not allow those items. and Mark is here who is the general manager. Um, and he can come up and speak to any questions that you have regarding their
proposal. Thank you very much, council. Any questions for Thanks, Molly. Council member Willis. Um, no, not any direct questions for Molly, but she'll probably need to. Uh,
I'll stay close. Yes, please. So, okay. Thank you, Molly. Um, okay. So, this one, uh, this is what went out to bid it. Uh, we had two
responses. A1A, uh, B Trenalss. Uh Mark, you here? You want to come forward and just give us a We obviously read your submission and and packed it, but if there's anything um you've been doing this for seven years, I think for the
city. Um I believe it's been 11 years that we've actually been doing this uh at the park. Thank you. And we are a company that is dedicated to um making sure that we are bite observation with the animals that are there. We are very
respectful to the area. Um it's trying to make sure that we're able to show tourists and locals how to interact with these natural environments without causing any damage to them. Um because and it's a public launch. Anyone could go out there with the manatees, go out
in the mangroves, and unsupervised they could cause damage. They could cause harm. So part of our reason for being there is to try to make sure that's not happening that we are respectfully interacting with the beautiful nature that we have here in Cape Canaveral to share. Um it is a big part of our
business model that we have been doing this for so long and it's become a really robust program for us. And in our packet we did include some other things that we're we haven't currently been doing and a hope to logistically make this easier for not just our business
but for the community at large. um to be able to store kayaks in a very respectful way there at the park at the park so that we could um facilitate things in a way that we don't have to necessarily be on A1A and trucks using
more gasoline causing more traffic um as an ecoourism company. We were hoping we could not only continue with our contract as we've been doing it for the last 11 years very respectfully to the city um but maybe expand upon that a
little bit. Um, but all in all, we're just looking to continue doing what we're doing. Um, show people the beautiful stuff that we've got to show here in Cape Canaveral. Um, and have them interact respectfully with the nature that we have here. Thank you,
Mark. I appreciate that. Council member Willis. Yeah, Mark. Uh, thank you for coming. Um, do you provide just paddle boards and kayaks without supervision? Um, there is
c paddle boards and kayaks that are provided that are not a guided tour. However, it's not without instruction. It's not without um any kind of recourse for bad behavior. So, we definitely provide instruction upon the rental of that equipment, how they're supposed to
interact with the environment, and then we do inspect that at the end of their rental. Do you uh have any type of a waiver? We certainly do. Okay. Does that cover trespass and uh trespass? Yes.
Trespassing on private property outside of the uh Banana River. Okay. And the park. speaking specifically about the port of Del Rio contract. I guess so. Yeah. Um I don't know that we have that specific language in there as it currently stands, but it would be something we
would very happily put into a waiver and um make sure that that's not something that's happening from our clientele. It's not something we're encouraging by any way whatsoever. Um and we wouldn't want people doing that. Um if you have found that's been a problem, we definitely would love to address it.
Okay. Well, it needs to be addressed and it needs to be addressed on more than just PDR because it needs to be addressed on the beaches and any other private property to the south. So, it needs to be looked at and instructed and
informed your uh your clientele. So, yeah. Thank you. Absolutely. Any other questions from our this time? Yeah. Council member Jackson, were there any of the new um guidelines that caused
you any heartburn? I haven't gotten a good handle on ones that were old and any that changed. Um I don't know necessarily that there's huge changes in any of what was put out guideline wise. What what I
saw basically is essentially extending the agreement as we have it currently. Anyway, um there were a couple of things that we had hoped maybe we could expand what we're doing. Um for instance, um maybe being able to deliver beach
equipment to Washington Avenue, not necessarily um have a permanent space out there or anything like that, but just as a way to offer more to our customers. Um, we also had hoped maybe that we could in response to council
members Willis's concern. Uh, we did want to have a staffed kiosk there at Banana River Park for that kind of supervision to make sure we don't have things like trespassing to make sure that when there are kayak and paddle board rentals that there is someone there to make sure that it is being done
respectfully and their the clientele is doing as they were instructed. Um but otherwise I didn't see that there was additional restrictions added to what the original agreement was anyway. Okay. Thank you. Mhm.
Anything else? Thank you, Mark. A question on the minimum services. Uh Molly, you had spoke about this that were asked were I think ecoours
and kayak rentals. Yeah, the RFP or RFP specifically asked for qualified firms with demonstrated expertise and currently involved in providing individual group paddle board kayak
tours. and it went on to that's the announcement. [Music] Um yeah, the requirements for licenses, permits, insurance requirements and services to be
provided, description of services, franchise fees, security. Mhm. But it specifically speaks to the rental of paddle board, kayak, and um the equipment and also to do eco tours
themselves. The RFP. Yes. And that section um it's like a 30-page document. So the rentals tours and and rentals of those. And then you were explaining, I think
Mark alluded to adding um I saw I think it was in their their proposal more services andor rentals and I current the current rental inventory
provided by A1A. Is is that all I we got 140 bikes, 20 ebikes, 50 surfboards, 50 standup paddle boards, 40 kayaks. So, if you look at the the back page of the agreement where it says um exhibit
A. Mhm. What's outlined on there was what was requested as part of the RFP. And the bottom section is um and these are all subject to your approval or disapproval, whatever you would like to do because we can amend this um
document. Um if you would like to uh allow for staffed kiosks, uh equipment storage on site, um providing uh surf lessons because that's actually mentioned specifically in the code as something separate. Um, and that's the
code, not necessarily this. Um, providing the chair and umbrella canopy, concessions, delivery to any city park, and then delivery of ebikes or regular bike rentals. Those are all things that you can choose as the governing body to
either add or leave off of this agreement. Okay. So exhibit A scope of services page 14 of 14 of the agreement between the city and the vendor. The first bullet as you said
delivery of kayak paddle board surfboard rentals. This is the very it's the last page in the whole packet or for this item not the whole packet.
Uh the so my those specific items, kayaks, paddle boards, surfboards, anything outside of that, all the other inventory is not allowed in the agreement as it is written now. But that is up for you guys to decide. If you
guys would like to expand the available services that they can provide to residents and visitors, that's completely up to you. We only asked them to uh propose the minimum that was required. And prior to this, we allowed the delivery of
kayaks to Banana River Park. Yes. And same with paddle boards and surfboards. Well, not surfboards, but paddle boards, I guess, eventually. The only thing that's changed is the access that's been um for the beachside access because
there is a demand for that on the ocean side. So adding Washington Avenue as a place where those kayaks, paddle boards, and surfboards can be delivered is new. That's the only thing that's new. Okay. And then the hosting for Banana River
hosting kayak paddle board tours. That was a minimum service requirement that we're adding Washington Avenue to that or has that always been Washington Avenue is the only thing that's new in this agreement? Okay, got it. Prior to that, they did not have any oceanfront
access. And you live over there. There's a lot of people that do enjoy paddle boarding on the ocean. So, limited to kayaks, paddle boards, and surfboards to be delivered to Banana River Park and Washington
or andor hosting at Banana River or Washington, right? Uh the guided tours. Yes. All equipment rentals and guided tours shall occur during posted hours and then obviously all the other provisions. Um
and in the past we have granted them permission for after hours access to the park to enjoy the bioluminescent tours. And it specifies at the bottom of exhibit A delivery of bike or ebike rentals to any city park or city property under these terms is is pro is
one of the prohibition, right? It's prohibited as it stands as it's written now. And umbrellas, canopy, concessions. So, it's not just silent on it. It prohibits it. So, thank you. I think that's all I have. Council, is there any other
questions right now? I have a couple questions. Yes, Mayor Perim Kellum. Um, in the packet, um, it's the city of Cape Canaveral RFP proposal review. Where where do they come from? Who does that? Where did that was? Was a staff review.
The committee staff review. Okay. And so the elements that are proposed that exceed the minimum requirements are the residential areas will not support a kiosk and no storage facilities allowed.
And that's what they're wanting to do. A1A, right? Those were things that were proposed actually by both companies. Okay. So this is after the RFP went out and you get the RFP, then the staff takes a look at these and then
rates rates each company with these. Yes. Taking into consideration the items that were listed. Um see what page that's on. There was a list of codes that Anthony
put in there of things that we needed to take into consideration that included things like public public comments. Um I don't even know where it's at.
Was this in the agreement? Yes. Or It's not. It's the 54-5 section B. 54, chapter 54, the parks and recck
department. Talking about the city provision. Yes, here it is. That's at the beginning of the package of 24. In addition, pursuant to section 54-5B of the city code and selection committee and city council should
consider the following criteria to the extent applicable. And these criteria can be used as material factor in determining the scoring criteria stated above. The effects that the proposed franchise would have on the public's use and enjoyment of the city speeches. the
effects of the proposed the proposed franchise would have on public safety. The performance history of the proposed franchisee if any, the environmental impacts of the proposed franchise activities, public input, um the ability of the bidder to comply with the minimum
requirements of the franchise, prices offered for the sale of food and beverages, which doesn't really apply to this particular vendor, and um any other criteria deemed relevant by the city council. Thank you. Another question.
Yes, Mayor Bton. So, this company A1A is asking for more um services to the public and for the fee of $500 a year. Is that something that is I mean, if they're going to do
more services, shouldn't they have to pay more for the yearly franchise fee? Anthony and John may be able to provide more history on the fee structure for the franchise agreement. When I started with the city, $500 was a number that was just in
there. I don't did not find anywhere where it split specifically stated that number in the code. So, I don't know if that's something I mean, obviously, council is responsible for setting all fees associated with um city business of
this nature, but I don't know where the $500 number came from. It's just always been there. Anthony, do you know how we came up with $500? And if we gave these people the
franchise, wouldn't because they're offering more services, wouldn't we have to raise the franchise fee? I mean, more services should cost more money. I mean, the franchise fee is negotiable. I don't know where the 500
originally came from. I think Molly, too, the 500 fee in the past has just been a one time fee and it wasn't annually. Yeah. Yeah. And I I've been here I've been here 12 years and there hasn't been
many, you know, vendor contracts, you know, the hot dog person on the beach or whatever. And um that's the only number I could recall that it's ever been is if somebody was going to do something as a $500
franchise fees. My I would say based on what I know even going back 12 years in the first couple years when they were doing some of this is that I think that's just the the amount that the previous wreck director called a
recreation director at that time put into that agreement. I don't know of anything outside of that that would have you know so it was something I think that was done by the previous wck director. I I
don't recall anything. So if we were to adjust the fee higher, if we we felt like we should and and I I I kind of agree with the mayor prom about, you know, depending how expanded the services are and what have you, then
that's probably something that would need to be worked into our fee structure and our code. It would seem that would be what we would do because right now I don't think there's anything in there. But um if we want to go beyond the 500,
but that just was like arbitrarily put in there by uh probably back to Robert. It does, but the first I had heard of it of course is when I first start working here. That would be the first one was 2014, the year after I was here. here. I
think Gustavo had something going on the I I that contract as the senior secretary for the leisure services department. So that's my historical recollection, mayor, of the of that amount.
It's not a fee. It's not a fee established by the code. No, I mean the code the code authorizes the franchise fee, but the amount is not established in the code. So, you know, it's something that's negotiable and and put into the franchise agreement.
Okay. Um, another question is they showed the um the different the business tax receipts from Cocoa Beach and the business tax receipt from Cape Canaveral. Ours is $50 and theirs Cocoa
Beach is $10975. I think that's something that needs to be increased as well. I mean, yeah. And I'm not sure if that was included in um the previous community development director. We always got to see the
previous directors, but they had updated a fee schedule not too long ago. I don't know if it included that, Mayor Prom. Yeah, but go ahead. Yeah, Mr. Leo, that's that's an issue that's outside
the scope of this item. The BTR fee has its own statutory process that has to be followed to make any adjustments to uh BTR fees. Okay. So, you know, while there may be a difference um in this particular case for this type of vendor,
um opening up that issue is is outside the scope of this item. It's a separate issue, totally separate. And it's actually more comprehensive than um may meet the eye because it's going to bring into all the other uh BTR fees that the city um currently has.
Okay. Um I think that's all I have right now. Mayor, I got a quick question. Thank you, Mayor Prom. The u the other vendors that you mentioned there a surf lesson school. Yeah. There used to be a surf school run by a
gentleman by the name of Sandy Beach. Yeah. Okay. That was be but currently we do not have any surf lessons. Not to my knowledge. Well, no franchise agreements. I'm sure there's people out there franchise agreements, but if you see somebody out there, you can always
call code enforcement. So, uh, and then the ice cream vendor, is that active franchise agreement? There is no current active. So, currently we have no franchise agreements on the beach. No. Banana River Park franchise
agreement though with A1A been doing an excellent job for the years on that location. So it this franchise renewal expands locations. It doubles the locations. But my concern is not I am
very thankful for A1A to continue. I hope that that Banana River Park continues. Uh but when we open up the beach uh in one technical question, it mentions I think in our RFP that spells
out that this is not exclusive by any means. Correct. It is not exclusive. The council reserves the right to award m we can have multiple franchise agreements per Yeah. the council the the
existing policy in the code at one point and I have to look for it. I thought there was is a cap, right? Council sets the the number. Um so on how many on how many franchises can
exist? Yeah, I think more than one is really and if if there is a cap if it's two three I think that but when we do not execute right another franchise a second agreement has
the effect of exclusivity and I think it has had the effect of exclusivities despite being able the I've I've spoke to residents and who've approached me obviously Molly You know, I've talked about surf schools in the past, and
we've all seen um about wanting to to rent things, not provide tours, uh surfboards, and I've always said, you know, right now there's really nothing on the beach. We've got franchise agreements,
but if the the trade, if you will, is, you know, $500 plus requirements for these services in exchange for this location and then we add another
location. I am pausing on the beach right now. Um, but I would say if we did move forward with both, I would want to because the bid went out for those both both of those locations though, right?
Specified that. Um, but when we start not even talking about ecoours, the primary business or or the the the things that A1A has provided or the other company proposed, but when we start adding in, like you said, we can do it. I'm reluctant to to add those
things in because there is I think an opportunity to provide the highest level of service for the community to to make the residents aware and we're opening up the beach now. Um I don't know a lot
about the trespass concerns on that side, but I do I go a little bit the other way. I'm not even as much interested in the the $500. It's not a a big revenue generator. Maybe it needs to be more, maybe not. But I'm more
concerned about not how much we're bringing in, but how much we're actually giving up. So, we're giving basically access to these two locations. And I would lean towards not increasing the fees. If anything, I I
think local businesses like that that can come in, that's $500 they put back in their business. But I also, on the other hand, would want to allow more than one company to have provide services. And if there's a way that we
could put it out, let other companies come back in and to say one or the other because it's I I don't think the $500 is is the motive. It's about improving the quality of life for residents here. So, I'd say almost get rid of the 500 or
make it nominal just talking out loud here and and and sort of maybe put another bid out that's more specifies other things after really talking to the community about providing those services
cuz uh the city looking at kind of z when we're looking at just at Banana River Park that's one thing but now we're opening it up over here and I know there has been I've had a lot of comments over the seven years about being able to provide lessons and
rentals to the beach, not tours, uh rent chairs, umbrellas, and it's like you can't do that. Well, now if we're going to consider that, I would certainly want to open that those types of services up and potentially entertain more than one
vendor. and people can choose who they go through, but we also don't want $500 in return sort of buying that exclusivity. Um, that's just something I mean we the big franchise agreements are obviously FPNL and Waste Pro and we did
that with the dumpster rentals where we opened that up similar here. Primary services A1A has done an excellent job for us, but those are my my concerns. It's not exclusive. we can
add other vendors on how we administer it whether that makes sense or maybe there's things I'm not talk thinking about but I would that's what I wanted to share with the council today is to kind of think the other direction it's that effect of exclusivity that concerns
me most thank you one thing council member Jackson um as you were talking about opening up for more vendors and I know A1A is our current vendor, right? Um, and I'm not saying this is happening
with any kind of payment involved, but there is someone in our city that uses a golf cart and a trailer and takes all the beach gear to the beach access and sets up for people. I don't know who
that is if they're, you know, but I'm from what I'm hearing, we have no other vendors other than A1A. Someone in the city is doing that. I don't know if it's one of the hotels providing the service um or things like that. So, as we look
at doing these things, you know, if we have someone doing it, let's say it's someone from a hotel or an Airbnb even that has more than, you know, x number of units that's in the middle of the island. I don't think that we should turn down people
that are wanting to provide those services to our cities, you know, that are that need to pay someone to do them because we clearly have someone doing it. I see it all the almost every day and they go down Central down Richwood
and two different access points with all the gear and then at night they bring it all back. So, I think when you're looking at the people that are trying to utilize the beach and the fact that we don't have, you know, we don't have
basic amenities like a restroom, you know, where we're where we're taking a lot of this gear. Um it's not like we're taking it shared down where there's um facilities for people to use. And so I think when we're looking at that and
looking at expanding, we don't want to if it's already happening, we need to consider that. I think it would be smart to look at where we allow that to occur so that it is within a short distance to
Sherry down where people have facilities that are needed because we we have the end of the boardwalk for all of them, you know, and it's not like Cocoa Beach where there's a a quick walk to a to a
restroom and where there's um someone that's going to, you know, be there if they need something to drink or think. We're more unmanned without lifeguards except for in those Jetty Park and
Sherry Down Park areas. So, I think we have to to look at that if we're expanding that out. But I don't think that we should hinder someone from doing business in because someone is doing it whether they're charging for it or not. that might just be part of their stay
for their guests if they're a vacation rental, but it's clearly already occurring. I mean, people see it all the time. I I watch I see them all the time. Thank you for sharing that. Council member Willis, can you explain a little bit about the trespass issues on or or
We we've had we've had a number of residents witnessing people uh getting out of kayaks crawling up on the coina reetments and if somebody falls on it Mhm. our HOA gets s gets
sued. Can't have that. Um we've had a number of uh people that have tried to gain access to condominiums the building uh because the restroom is on the far end of Banana River
Park. Um so things there's things happening. So you know that I've only witnessed a couple but I I I hear from everybody in PDR. So, but uh
to your point about um additional vendors, we have to be careful because we don't want to create a scenario where we've got vendors uh contending for their corner or
their beach access that is more widely used than another. and you could have some issues with who gets there first and you're on my spot, you know, who knows? And and and we really and to
council member Jackson's point, we really need to get a handle on who all is doing what. Mhm. Because anybody can load up 10 uh shases and take them down to the beach and sell them for or you know,
rent them for whatever. So, you know, do we want the Wild Wild West on our beach or do we want to control it and make it civil? So, and truly, in addition to Council Member Willis's comment, if we're going to award franchise to one of
our vendors, I mean, we see now that our our seasons for snowbirds and travelers are becoming more normal again since the pandemic. So as far as rentals are concerned we have people it starts uh
tapering off right about to the end of July mid August maybe then it's really slow from then till right before Christmas. So if we're allowing a vendor to have a franchise but we start going in with too many vendors we're not
there's not going to be the travel to support all their businesses. So, I don't think that we should either um should set them up to be undermined either with total numbers. So, you know, I think we need to be careful about
that. Although I understand it's, you know, we're this place that likes competition in the world these days, right? But, you know, we don't want to set them up to fail and have them where they're fighting for for a spot. and especially with vendor that we've given
a franchise to that's had a long-term relationship with us and provided services. Yeah, I think yeah, commercializing the beach, having a market on the beach is something the comm we're a residential beachside community. This um I think recognized that the bid went out,
identified probably the most commercial street on our beach, Washington, Cherryown Park, if you will. And I it makes total sense. I think that if there's anything there's vendors that can have the million dollars of liability insurance and uh all the other
requirements that you spelled out. I mean it went to the extent of uniforms and presentation which I thought was really good and uh obviously having skin of the game the $500 annually uh that that's cost and you know they got to rent quite a few to
do that but the the smaller vendors right would if if there's in the future a carve out for uh smaller ones that we can still put the hurdle out that maybe isn't as high cuz it's not needed.
Giving a tour on a paddle board, you know, out in the water when bad things can happen, stingrays, jellyfish, and all uh little sharks and gators in some of those backwater areas.
But nevertheless, when you're renting like a a lawn chair or I I don't know what the or you know that to me, you you can go too far. You I don't want that either. But if they come with a reputable business, we might have a few
options for people. And I do love the fact that local people who live in Cape Canaveral who can follow city procedures, provide minimum. You're not just going to come in with nothing uh could could take advantage and and make
side income without doing what I think we're all concerned over is turning into corners and spots. Uh maybe maybe it doesn't fail or maybe it fails, maybe it it doesn't. I don't know. I just wanted to share that we've done this at 500 and
and kind of went through now we're we're doing something we haven't done before with Washington. I feel uh very grateful for A1A. I hope that we can uh move forward with the tours and the things like that on the Banana River side. And
if the council desires to move forward with Washington, um I I just approach that one with a little bit of caution. Um cuz cuz we really haven't been here before and stepping back looking at all the
vendors, all the types of services we want to allow on our beaches. And so if anything, I would want to shorten this agreement to not three years if we're going to go all in or partially move forward with just Banana River and maybe
the tours only, but when we start adding the other services in renting, um I want those services to be provided. So yeah, considering a few other options
or maybe having a local smaller vendor carve out we test it for a six month or a year or for seasonal periods only. Um I four to five people surf schools, surf instructors,
chair rentals, uh some lessons, not tours have said we want to do that and and so I'm excited that we're here, but we're about to move forward with something that sort of hey, the bid was put out there. I just think that the
hurdles are so high and unreasonable because they're not providing the the tour the full service and they don't need all that. Anthony could probably give a little bit of clarity on it, but I'm pretty sure that at any point where regardless if it's a bid, RFP, or RFQ,
council reserves the right to either accept services or not. So if you don't want to accept Washington and correct me if I'm wrong, Anthony, you can just say no Washington for now and then we can address the bigger picture of this
now that we finally have a community and economic development director because a lot of this will fall on them because parks and wreck has no means of enforcement and enforcement in this is 99% of the problem. And mayor, thank you.
I just wanted to make a statement. I think as I look at these the rental inventory that he has um that A1A has, wouldn't this be a great topic to bring up at our business economic development meeting this week? I was thinking the
same thing where we can hear from citizens. What would you like to be able to use? Because there might be someone that is a senior that lives a block off the beach, does doesn't have a problem getting to the beach, but has a problem
carrying all their gear down there once they get there. So, this might be a really good thing to put before them as far as for the beach side um so that we can find out from our citizens, what
services do you want? Mayor, if I can just bring up another element and Molly, maybe you could jump in here. Um, this gentleman here is going to have a run a business from a specific
location, but there's others and you were bringing this up uh, council member Jackson and this cons this is concerns me is that um, where and the mayor whether it was the mayor or uh, Don I can't remember fighting for you know a
location now he's a he's got a franchise that's going to work right there at those specific locations where if you have other vendors who decide to go up and down the beach, that is a that would be a whole
different situation as far as mobile because this person's they were there that day and the hot dog guy's down there now or this person's here there and they're setting up the chairs on Fifth Street but now they're over at 8th Street where this gentleman's running a specific business in a specific location
that's been authorized, approved by the city. His situation is extremely different than people bringing stuff in a beach. And then bringing up the thing about with the Airbnbs, I know there there are Airbnbs close to where I live
and outside of them, there's 10 of those motor scooters parked out because that's part of the thing. Or they have a golf cart or and what the other thing concerns me is somebody who says, "Well, if you pay us $50 more a night, you could take these 10 kayaks with your
family out to the out to the river or something." So the control I believe the control like with this gentleman here is there because the city is controlling that but even with those people who are vendors on the beach like that would have to be specific because they could be all over
the beach and now we're losing control and then the floodgates are open. Just the I just thought I'd bring that element up. Yeah. Thank you. Yeah. Okay. Any other comments at this time? Well, we have 17 beach crossovers. Mhm.
So to your scenario about elderly person wanting to walk over to the beach, we going to have 17 different vendors in order to I mean I'm not, you know, just to put it in some context, you would need the ability to be in 17
different locations to satisfy that potential customer. Whereas A1A comes from a central location, drops off whatever, wherever, and we'll pick it back
up. So, I mean, you know, that that business model to me makes it cleaner for the city and we could have multiples. Mhm. You know, you could you could have everyone but not set up on the beach, right? But just
deliver to a location. That's what I'm saying is the delivery business can be maybe a smaller carve out that if you want to do it the right way, the way that whatever that we want and and our 17 beach
crossovers don't really have a location to store items in my opinion. So, I think the business model of bringing it to a location to a person and I'm sure
collecting a uh um a fee to make sure that that uh chase doesn't walk off, but uh um you know that that model to me makes more sense. Well, and someone is already using that model. I'm not sure if they're getting paid or not, but it's pretty successful because every morning
he's he's going down Ridgewood. the whole, you know, the the golf cart loaded up and the trailer. So, it is a successful thing. And then when you think about resorts and what people want when they come to a city, and this could
be someone from a hotel as well, they want when they're on vacation, do you want to have to drag all your stuff out there or do you want to call and say, "We're going to spend a day today at the beach. Can we get an umbrella, a beach umbrella, an awning? We'd like a nice
chest. We're going to bring our food with us and whatever they need be set up for them and they just go and and sit down and enjoy. And then when they're done, they let them know and they go and leave. Because a lot of times on
vacation they're also going to Sebastian Inlet and they're going to Merit Island Wildlife Refuge and out to Kennedy a day and all that. So it's not every day is a beach day, but people like the convenience when they're on vacation. So
and that's whether they're a cruise port person that's here for one day or someone coming in for a week. Mr. Mayor, can I add one thing to the the dialogue since you're looking at this from like the 40,000 view? Um, if
you recall the lady that complained about the tour bus that showed up in front of her house, do you remember that? Mhm. She lived on Ridgewood. She called complaining that a surf school literally brought a tour bus in front of her
house. I would be on the phone myself if that showed up in my neighborhood. one of the challenges because like I said, please give me a badge in a ticket book any day. I will take it. I promise. Um, but I don't have the means to
enforce that. So, that falls into code enforcement and law enforcement. When I was trying to explain what she had relayed to me about her concerns, the response that I got from the code enforcement officers that were here at this time was there's a very big gray
area because of the way our code is written. There's no teeth to it. So when you say doing business on city property, the challenge in that is what if the business takes place the business the act of transferring money takes place
online in a brick and mortar on the other side of the road that they pay their property taxes and business tax receipts and then they're just bringing the stuff. So, when that code enforcement officer was asked to see if he could go out and catch them, cuz just
like dogs on the beach, we have to catch them. Um, that was the first thing he noted was, well, this is kind of a gray area cuz I don't know where the business transaction is taking place. So, I think the bigger conversation might need to go
handinhand with a code adjustment. Thank you for that. And I do remember that and I understand. Yeah, because I looked into that as well. I think it's, you know, physical locations selling any products or services directly on the beach. That's something we haven't
really seen. And the ice cream we've seen coming and um certainly I've seen surf schools operating, but delivering it to the site um deliver the things that like council
member Jackson was saying, chairs, beach equipment, those things are great. I think the Airbnbs are going to do it. I don't think we can really control that or stop that. When we're taking people out on tours, A1A on behalf of really their company
and and as a service provider of the city, I want to be clear, I I am for A1A to to move forward at either location. But when you start when we started saying adding all I mean you see the inventory the other
services I think we should do those services. I just don't know if that's strictly A1A B Trenle for this RFP for that franchise fee. Um so well I'm sorry. Go ahead. Go ahead.
I was just going to say, should we move forward with just the park uh or the river side for now since there's so many unknowns on the beach side? Because I really think that needs to be hammered out for
us to know how that can how we can move that forward. I think Washington's a smart location because we do have the park there. Um, but I think as I said, there's going to be people that just want chairs set up and that what they
need. But I think we need to take a look at how it's going to be set up, controlled, what the code is, and how, you know, and and once again, someone said it, who's doing it now? You know,
maybe that was you, Council Member Wills, but um I think we need to hammer some of that stuff out before we move forward on the beach side. Um are you done? Yes, ma'am. I have to I will probably have to recuse myself from
this vote because the guy with the golf cart and the little thing is my nephew. He has a business license here in the city. He pays business tax. Mhm. He was told a long time ago that there's no vendors on the beach. So, what he does
is everything is online. Um they contact him, he delivers it and he comes and picks it up. It's not on the beach, it's online. And he when this came up, he said, "Well, how come I didn't know if
they were doing a beach rental bid, he would have bid on it um and turned his thing in, but he doesn't have kayaks or paddle boards, and that's what the bid was for. So, in all fairness, I think if we approve the
Washington, I mean the uh Banana River Park right now and we go back and put a bid out for the rentals because I think it's a necessary thing in our city because we have a lot of people that are here for the day off a cruise ship and they want
to go to the beach and that's how he gets his customers. He's online. He's East Coast rental. He pays business. He has a business license here and he pays the tax here. Um so I I just want to be straightforward with that.
Um, but I think he would need a chance to bid on the rental part of it. And A1A will also be able to do that as well. But I think because the bid went out for kayaks and excuse me, paddle boards, he wasn't aware to
bid on it. So, we're changing adding Washington Avenue and the rentals without really putting it out for other people to bid on it. So, I think that's valid that we should have it for um activities on the the river
side versus and another franchise for the beach because of the fact that it's, you know, kind of two different scenarios for tours on the beach. Well, for rentals, you know, equipment rentals
if you want to do tours. I mean, A1A any wherever we want tours, they have demonstrated themselves to be a a a good company who agree on that. So, I'm not I do pause on the beachside rentals.
I think it's a need. I think all the other things are needs, too. And I think A1A does a great job with their tours and the kayaks and the paddle boards and the biolessons and um but you know like you're talking about he's a small businessman who makes a little bit of
extra money. He pays taxes here, sends his kids to school here. Um and I think that it, you know, if if there's another company out there that is doing the same thing that they should have a chance to bid on it, too. So, I would support
Banana River right now and then keep the other one. You know, if he meets all the criteria, the insurance, all that stuff, then he should have a right to bid as well. Mr. Mayor. Yes, Council Member Willis.
According to this item before us, the vendor is only providing delivery of kayak, paddle board, and surfboard rentals. There's no setting up on the beach. They're delivering to the
beach. And that is no different than Banana River Park at this point. So he's just saying through this franchise fee that Washington is the only place he's going to go deliver.
Mhm. But to council me uh Mayor Pro Tim Kellum or nephew if he's getting something online he's he could go to any place he wants and deliver. He's paying a BTR.
Yeah. But, you know, I think uh A1A has responded to this for kayaks, paddle boards, and surfboards. If Mayor Proen Kellen's nephew was renting kayaks and paddle boards, he
would have bid on this as well, right? So, it's we're not comparing apples to apples here in my opinion. This bid required though that they possess the way I read it the tours and the the deliveries of those products. So if you
didn't offer a tour that was it it ecoourism was part of the right but if you just own you know bunch of surfboards or one of the surf shops go I'm sorry council I was going to say I think we should go with both because we're going to start your experience in
doing this you know what you're doing and everything else. if you want other places to do it on different sites or whatever, then they can apply for them and then the city can decide if we're going to have everybody else. But I think we need to start with him.
And I can easily issue another RFP. We will probably need to take a look at the code though because it seems very specific to kayaks, surf lessons, paddle boards that And if you look at the business plan, city speak. Oh, I'm
sorry. That's okay. The business plan does show surf lessons, sub lessons, and that kind of thing. So, there are some maybe not tours, but there are some
service offerings that include those lessons. Mhm. Okay. I'm sorry to interrupt you, city attorney. No, you weren't interrupting. I was just trying to look for an opportunity to say something that which I think it needs to be said at this point because
we've I think meander beyond the scope of this agenda item and I want to emphasize why this agreement is being presented to you uh by um by parks and wreck. If if you look at the city code, the way it's structured under 54-4, the
city has had a longstanding uh commercial solicitation ordinance. And under that ordinance, generally no person can solicit canvas or merchandise for sale or the rental of merchandise on any uh sand beach area within the city
and um including you know beach fronts. can't sol do commercial solicitation on public parking lots and facilities for beach or park access including the dune crossovers or cannot solicit um on any publicly owned parks. So the code
prohibits commercial solicitation in those areas. However, the council in its wisdom back in I think 2010, it looks like 15 years ago, said, "Well, let's open up the possibility for
some commercial use of the of the beaches and parks." And the council adopted a franchise program. And under the franchise program, only certain um items are eligible to be uh solicited on
um city beaches and parks. Those items are food and non-alcoholic beverage, uh the group surfing, paddle board, and kaying. So Molly put together an RFP to solicit one of the authorized
um commercial uses that the council previously determined can occur in those areas. And that's what you that's what you received. You received two proposals for kayak and paddle boarding for those areas. They were been those proposals
were evaluated and now Molly is submitting um a draft franchise agreement for those specific services. Regardless of what you approve tonight, any other commercial solicitation on the beaches and the parks and then on the
parking access areas is prohibited period under the city code as it's current currently written. So if you want to entertain expanding those types of commercial services beyond those items and in the form of a franchise,
additional code revisions would have to occur to expand, right? The ex exception to the prohibition. There's a blanket prohibition. So I think that needed just to be said. Um whether or not you want
to authorize paddle boards and kayaks at the beach at this point is certainly within your prerogative to um remove that from the proposed agreement and just keep it limited to to the manatee park. That's fine. Um and I also want to
just one other point is that the council in its wisdom back then um limited uh franchises for those specific authorized solicitations to no more than two
franchise franchises at a time. If I recall back then the council was very concerned because one it didn't want the wild west out there doing commercial solicitations on the beaches and they wanted to keep a limit if they authorized it an exception to the
prohibition. They wanted to limit the number of franchises so it doesn't become a wild wild west where people are just you know selling all kinds of merchandise on on the beach and the parks. So that's a little bit of the I think the legislative history and the
codes that you're operating under. Thank you. You're welcome. And the code that you referenced, does it, if you said it, I'm sorry, tours. Did it meant specify tours in our code? It talks about group
surfing lessons and and kaying. I don't think it specifically, you know, the the the the solicitation for those types of um recreational amenities is authorized. It's attachment one, correct? Attachment one.
What's attachment one? Is I think that's it's talking about the commercial recreational franchises. Yeah, that's one of Yes, that's one of the the code sections. There's a couple of other related ones that are not in your package. If you want to get the
full context of um of the city code, there's a couple of other sections right above it. So, you would look at um you know 54-4, 54-5, 54-6 of the city code. Mhm. are the are
the most applicable co-provisions regarding commercial solicitations um beach areas and parks. So that makes sense. Thank you for the legislative history and the action that
that Molly and the team took to put it out to bid makes sense. It was the tours, which I think are awesome, is what sort of locked this in, right? And so once we go beyond that,
um I'm I'm fine with with Banana River Park. I am just a little cons concerned about the the beach side. And uh I don't want A1A to if we do want tours, I don't want them to have to go back out to bid
again. I say that on the record. I think they've earned that in my opinion from following this bid. They met it. They were recommended by its staff. They've been deemed excellent. It's so if we limit it to just that, it's when we get into the
delivery of those things over on that location and any concerns on the other one is is where um I think the concern would be if we want to move forward with it. I'm fine
with it. I would think I love the idea of going back to the code looking at it potentially business and economic development board can think about you know small local things. Uh but that's it. I I I'm ready
to to at least acknowledge that we got a company that provides tours. They do rentals deliveries. They're now expanding over to the beach side. If we do go forward with this, I hope that we do maybe run a smaller bid
that would not upfront interfere with what they've earned or felt like they've responded well to. So, I could agree agree with that. Um, but I think at a minimum we can use the uh Washington
Avenue crossover delivery as a test case because in the contract we can we can shut it down if we need to or we feel like we it did isn't working out to our satisfaction. Mhm. So, I think going forward with what
uh Molli's department has proposed uh with the prohibitions that are listed in exhibit A, the scope of services, I think uh I think we should move forward with that. Thank you, Council Member Willis. I I just have one just so I can
understand this. In the proposal from A1A, it says um for Banana River and Washington Avenue uh beach access. These may include paddle sports, rentals tours, bike, ebike tours, fishing gear,
guided. So, this is a lot more than just paddle boards and kayaks. It says beach gear, surf equipment, rentals and lessons. And and this is the March 1st proposal from A1A. I see. And then in
the back on exhibit A, vendors shall be prohibited from engaging in any of the following activities. Storing equipment on site. That would be Washington Avenue. Providing surf lessons. Providing chair umbrellas,
canopies. So it he's proposing to do those things. And then on exhibit A, the scope of service, we're prohibiting them. So I'm just a little confused on Yeah, the proposal goes beyond what the code would actually authorize. And that
was my whole concern. Agreement that the council's considering does not authorize. Um, exactly. It was the minimum services, but then I saw it and I liked a lot of it. Yeah. You liked a lot of it. that's beyond the
scope of the of the code, then you're looking at taking that under consideration at a later date to code, right? Because council when they adopted this franchise regulation, they lied. to the safe would be if we
went with well I guess what are we suggesting? No, I'm just what I'm suggesting is you have to stick to the you have to stick to the existing code and stick to the agreement, not what's in the proposal propos. beyond the code.
Well, I and I think that like we were discussing the beach rental thing with the chairs and all that is a needed service. I would like to bring it to the business or the economic development thing like we discussed, but I think it would have to be a separate
separate issue and then you would have to change the code and then and if you would like to maximize the input from residents, you can also include our board.
Yeah. Oh, yeah. I think that probably the first stop may right well I would support A1A for what is in the code the kayak and not the other stuff until we
figure out if that's what we want and if we have a code for that and we have other companies bidding on. So that's where I am. So the agreement consistent with the code
y and we heard about the proposal and new opportunities and the desire and uh the statements we heard I think we're saying let's take that next step to do the additional services as opposed to your
recommendation adding them in tonight. Well, I don't know if we could have, but I'm I'm I'm good. Uh I am too. And I and I thank you. Is there anything else here, Council Member Jackson? Um, I
know you stepped out for a minute, but we we sort of ended. Excuse me. Something hit me with my allergies and I've been trying to get Well, so far, we'll see if I start, you know, having a a cow over here again, you'll know that no, I'm not, but so far so good. Glad to
hear it. Yeah, we're we just concluded that the proposal of services and even desire um it exceeds in the inventory what was awarded and if we stick to that
um that's really limited to the surf school or the trainings the eco tours and delivery of those products to both locations and I think we're okay with that. We can cancel it at any time as council member Willis brought that up. We can consider uh other vendors,
but we want to be respectful of A1A and what they've done and make sure we go in with eyes wide open. But if we wanted to add those other services, we would need to go back to the code and make those changes. And what what about the having a um kiosk at Washington? We're not
going to approve that, right? That's not part of the scope of services. Okay, that's what I thought. Okay. Correct. Molly, [Music] is there anything else? I think we're we're good to move forward with it as written. We got some clarification
there. Yeah, I'll make a motion to approve the contract as written. I'd second it. Got a motion by Council Member Willis, a second by Council Member Davis. Any further discussion and any public comment that I missed on this
one? Thank you for your patience. I think we're good. City clerk. Council member Davis, four. Council member Jackson, four. Mayor Prom Kellum, four. Mayor Morrison, four. And Council Member Willis, four.
Passes 50. Thank you for your patience working through that with us and thank you for your willingness to provide those services for our community. Thank you, Molly. Thank you. I have one follow-up question, please. Um, I I've been trying to leave poor Tamson alone for a little bit so she can get her feet
underneath her, but this is something that I've been wanting to address ever since 2022. Um, would do we need a consensus from this board or a motion for me to um take the next step actions
and work with her to present to not only the business and economic development board but also the culture and leisure services board. Can that just be if that's a the best next step and I think the council is willing to consider.
So you're you're talking about changing code and then a follow on if code is changed for additional service offering RFPs, RFQS, whatever, right? Because then you'll have recommendations not only from residents but also the business
community as well. Um, it will require maybe a couple months of research because we need to look at what everyone else is doing and how they're doing it in order to prevent present you guys with something so you can make an informed decision. I'm excited about it. Yes. And I think being able to to Cape
Canaveral is in a unique position to be able to do these things. And so I my answer is yes. I think that unless any council opposes I I have no opposition. I just like the model of having things delivered rather than being Oh, yeah.
kiosk. Thank you. Thank you. Okay, let's take a break. It's 8:15. We'll get back to the public uh Yes, that right. So, we'll go into both of our public hearings and um thank
you all for your patience with that. It's 8:17. Let's try to get back no later than than 10 minutes. If we're back sooner, we can start earlier. That's eight. All righty. It is 8:27 p.m. I call the meeting back to
order. We just took a recess right before public hearings. Uh the first public hearing that we have here in front of us, item 8 D is the first reading and
public hearing ordinance 202502 titled animal control. And this is a motion to consider the approval of ordinance 202502, the substance of which as follows. Our city attorney is ready. All
set. Please. Okay. First reading of ordinance number 02-2025, an ordinance of the city council of the city of Cape Canaveral, Florida, amending chapter 14, animals, article one in general, and article two, county animal control ordinance of the city code related to fines and penalties for animal control
code violations providing for the repeal of prior and consistent ordinances and resolutions incorporation into the code, severability, and an effective date. This ordinance is brought to you uh based on your request. The council asked
to um readress the penalty section under chapter 14 animals. The city has adopted the the county animal control ordinance by reference that that has been in the code for many many years. Um there was
um one situation that we discussed about the find regarding animals found in a park or on a beach. Um the city code um had its own fine of $35 uh for that particular violation. When that was when
that came up for discussion by the city council, the council thought that that was too low and and the decision the direction that was given by council during that discussion was to why doesn't why why should perhaps the city should just adopt by reference the
entire penalty schedule of uh the county code, animal control code. And that's what this ordinance does. It's pretty straightforward. um and that if this ordinance passes, when it comes to specific fines for any violations of the
animal control ordinance, the county's um penalty schedule will prevail. Um so, you know, that's what this ordinance mostly does here. So, the schedule of of fines that the county has currently
adopted is attachment two to your agenda. So you can see the entire schedule and you can see that um the fine um for you know animal on a park or beach would would go up um um if this
ordinance passes from the $35 that's currently in place under the city code. So I'd be happy to answer any questions. Thank you. City attorney council. This is a public hearing item. I do got a card and if anyone else
chooses to speak can before going to the public and hearing uh do we have any questions for city staff that would be beneficial before going to public? I well I don't know that it's so much of
a question but maybe a clarification. I understood when uh we had the animal control officer from Bvard County Sheriff's Department here describing penalties that they could stack. Is that correct? Do to anyone
else's memory that they would just, you know, it would be more than it could possibly be more than just one thing if they couldn't couldn't produce a vaccination certificate or didn't have a license tag or if it was off leash or
whatever, all of those penalties would just stack continually. Okay. What I read that that's correct. Okay. I mean, this ordinance doesn't doesn't prohibit that at all. Okay. This ordinance just makes clear that any violation of the county animal control ordinance is going to go pursuant to the
schedule. Um, and the schedule's attached to this agenda item like for failure to secure properly secure an animal. If you call, we had some discussion about under the county's penalty um matrix. There's like a $55 fine for the first instance, 165 for the
second, um 265 for the third, 415 for the fourth. So, not only would you have a stacking of um you know, potential penalties depending on what the violations are um but under the county code for that item um you know repeat
offenses um have higher dollar amounts for fines. And that is different than, you know, the the specific um fine that's in the current code of $35 which is being proposed to be
repealed for that type of violation. Mhm. Okay. So, we had a $35. It's now going to 55 on first offense and then 65 for second, 65 for third, 65 for fourth. Do you know why that the
county didn't choose to escalate that fine on multiple offenses? Why the city? I think uh the county table. Um, I'm using the
uh the one with beach which is right there. 1460 animal on public be parker beach. This is page two of two of attachment two. Right. Yeah, that one that one escalates 55 to 65 and then it's 65 for
the third and fourth offense as well. I don't know why it's that way. Um, but if you have an animal on a public park or beach that is unsecured, right, like an animal at large, um, the stacking that Councilwoman
Councilman Willis is talking about, you know, that's an additional violation under 14-56. Mhm. And that's 55 first offense 165 265 415 up, you know, for the fourth offense. But I guess is is there anything that
would prohibit the county or was there any intent or reason why on this second third and fourth like that's not the only one the one right above it 1459 animal defecating urinating it's 50 and then it flat stays
at 65 for the second third and fourth to me I mean you would increase by 10 bucks I don't want to complicate this at a minimum but it's like it's if but it maybe there was a reason or you could not
uh escalate the fine on those specific violations. Uh I know that we're we do not allow animals on the beach. Mhm. Um, but that this particular
instance might be an animal that is on a leash. The people just don't know or whatever. But, you know, I I'm curious as to why it didn't get escalated as well. But, you know, not that uh u
excuse it, but uh you know, if it were running loose, you know, not on a leash, that to me would be a reason to really escalate it um more than just stacking it, so to
speak. Mhm. You know, not securing your animal. 1455. failure to properly secure the animal. That's the the leash. Yeah. Yeah. 55160. Yeah. As the city attorney said,
to me, that first offense should have been higher. But again, this is our first shot at this. So if the if we want to change one item from the county, what would I mean that would be
well that would um we would have couldn't word it the way we word it. I mean, the the city that's well, the city decided for whatever reason, um, and I can't remember when or how long it's been in the code, but for dogs found on
a park or on the beach, the city has a just a citation of $35 fine, right? So, you know, if the council wanted to have its own fine for that violation, then rather than, you know, striking out that
language and and relying on the county schedule, we would have to write in some code language for a higher fine than what's in the county's schedule. So, that's an option, of course, for the council. But, you know, the sheriff
also, I think, can't remember who was here, um, said that, you know, from a from a citation standpoint, it would be simple more or easier for the sheriff to have one fine schedule. Yeah. So
that's another aspect of this is like we're striking proposing to strike that fine for that type of violation and just referring to the to the county schedule for that just for consistency. So I mean that's another issue to consider but
it's whatever the council wants to do on that. Probably when this was written too it was considered that well you know we have a county park that has a beach right next to a city beach. So, the city beach and the county beach are right next to each other. We have a county park and a city park. In other words,
it's the same thing because it's the same beach. You know what I'm saying? It's the same park. It's just maybe that part's down there in a sense. So, you could see where they didn't differentiate between the city and the county because like right here, if you look over here, everything's right
there. So, um that's why I could I could see the city just taking the counties thing. Now, as far as adjusting for the city, like um Anthony said, moving moving these things up. Well, then yeah,
uh to we will enforce it at a greater uh maximum than the county. Can't can't we just hand hand select those and say for these things, city goes by this schedule for these
particular offenses. It sounds like we could, but I also understand the consistency of one thing. I think that what council member Willis brought up about the first defense with the unseured uh failure to properly secure
animal state law I think changed or the B I don't recall exactly, but being able to gosh I drew a blank on the word. Can you um specify the weight of the dog or the breed non uh I think something came out
that prohibited our ability to regulate Yeah. there's to distinguish and discriminate against uh the breed of a dog is um the last time I looked at that and it's been a while is a prohibition because the for local governments to do
that based on breed based on breed. Is there anything that would prohibit us from basing it on weight or size? I guess I know you can't weigh an animal, but sometimes some approximate
uh I you know I I haven't really looked at that but you know that that in and of itself could also be breed specific right I mean if you're going to say you know if the dog weighs you know more than 100 pounds um then that means by
implication it's not going to be a lot of breeds where the breed doesn't get that right that gets that um heavy, right? Certainly not going to be a Chihuahua because you're not going to have a Chihuahua at 100 pounds or a Frenchie,
you know? So, someone could make I think argue make the argument that yeah, while you while you're not breed specific, you're you are kind of indirectly being breed specific by categorizing it by weight. I'm interested in options you
have there because looking at a three pound dog off a leash is very different than an 80 100 lb dog off of a leash. Talking about size especially to different types of uh residents, you know, somebody who's
elderly with mobility issues uh compared to the most physically fit, right? There's um that that's we're going to have two readings at this. My hope was to just understand the county's approach before just adopting. I agree on the first
defense. Um, and it if we could look into that, I think on and clarify can we is there a way for us to differentiate between the animals
largely based on I mean you have dangerous dogs. Um, and the last I guess question I have before any council members are public is that the uh Pam Rock Act I believe passed. Pam Rock was
a postal service worker who was killed tragically by some um I think a a a pack of of dogs and um state law I believe uh is passed. I
think the governor signed it. Miss Mary was I think sharing the governor did sign it. So that goes into effect on July 1st and so before the next reading I think and and certainly before we adopt this that increases a local
government's ability to go above $500. I think today we're capped at 500. I think it doubled it and took it to $1,000. And so if we adopt this kind of a couple questions and the county moves and increases their fines
without our consent, first of all, would our automatically um increase if the county increases theirs? Yes. So, if this Pam Rock comes out or it's allowed now to go from I think the
highest one on here is $500 July 1st, we can go to $1,000. And they also had some other benefits in there that you did not have to prove that you had knowledge that it was a dangerous dog if it was. And I really need to understand those laws a
little bit more, but they are tools for us to, I think, address some of the big concerns here today. and and that would be it is if we could go to a thousand would we and are we going to be dependent on the county to do that if we want to do it and the county moves forward with it? Sounds like we're an
old Yeah. I haven't studied the Pam Rock Act, but I think it's related to dangerous dogs and but the dangerous dog designation is handled by the county. Okay. Okay. Not the city. Cities don't handle that. The county does. Okay. So
that's that's factor number one. And so if the Pamro I got to look at the Pamrock Act carefully, but if if the thousand fine is related to the designation of a dog as a dangerous dog, right, it's going to be dependent on the county determination of dangerous dog,
right? So I think in there there was something about the dangerous dogs have to wear a uniform now or suit. I think that might be new or something. And if that's true or there is some sort of collar or something and a resident sees, say it's an orange collar, I don't know,
I'm just using something for illustrative purposes and I really don't know. But you see that dog off of a leash, right? Those dogs have been differentiated not by weight or species, by meeting the criteria of dangerous registration process and have to carry
minimum insurance. Uh, if that dog's off a leash, I think we would definitely want to treat that as not a non-emergency call. That's an emergency call before in my opinion and
maybe that's largely administrative, but on the backside, what happens? We can stack. Now, if we learn that there's some more tools because of this, maybe there's not. Um, that's it. I
think a lot of uh thought on this and spent some time and I know it's been in front of us for a while, but I I really want to uh make sure I understand how the county's decisions to
change their fines impact us and whether this council wants to go beyond really what the county does. I think that's the first thing we're going to need to and that's largely what we're voting on. Do we want to adopt it as written
or carve out some areas uh or across the board? So, we can go to the public if we're ready. Let's do it. The public, if you do you wanted I think we'd you wanted to stay there and try to speak and I can
relay into the microphone. Yes, she has requested to stay there and I I honored that. Thank you. the person. Mhm. at our park. Yes. You tried calling that. What day was or
roughly was this last? That was today. Okay. Thank you for sharing that. Mhm. And it also happened yesterday. Two large dogs and they're waiting right there to get on the beach.
[Music] boardwalk. Out of nowhere, And I Three small children. Mhm. Mhm. I want you to say they don't know.
Thank you, Mary. Thank you all for sharing that. This is a public hearing and just to recap what you talked about with some of your recent experiences down at it was Banana River Park at the beginning of your conversation where you had saw the posting or was that Manatee Sanctuary
Park? Manatee Sanctuary Park. You witnessed dogs. There was a number to call that posted no dogs. We familiar with that. You called it and you and you got no answer yesterday. You also had an
experience at Madison Avenue where you saw dogs on the crossovers. Not on the like beach yet, but the narrow area where everything bottlenecks to access the beach. I have pictures. No dogs
allowed one way or the other without I understand that. Yes. The uh and then just obviously from your experience back in November 2024, you're trying to advocate for for change and to help. And I think what we're doing as far as your question on
the county, uh you well, you'd ask, do we work with the county? Yes. I think this is as close as you can. We're literally mirroring it. But can we work to increase the fines? Yes, we can. The public can. The community can. And I think um that is something we got one
more reading that that we should do and see at least where they are. Um were there I want to make sure that you got a chance to to say everything at this point and if there's anyone else who wants to speak at the public. Um, and
just for the record, Mary Scabona, and you're a resident here in Cape Canaveral, Florida. You of Bvard. Okay. Thank you very much. So, it's uh
Mary, Kim, and Richard. Thank you for your service and thank you for your public comment. Never But don't receive all of
I think that one of the things we're going to talk about is education and awareness. Posting signs is one thing, but last time we had uh our animal um the gentleman's name who spoke from the sheriff's office, I believe he was one
who responded to the call back in November. Yeah, he he was the animal control officer that uh investigated it. Yeah. doing an educational public outreach. And I think the sheriff has come to Cape Canaver. I know he's uh
been to support all of our events. He's come to uh the coffee with the cop. Um and I think that something around animal would be really good. Uh and and we can certainly reach out and and see if that's something that we can do,
especially once we get the program or this going to communicate to the the community. um to give the residents confidence that that we're moving in this direction and this is enforcing and how residents
what residents can do. How can they play a part because our deputies can't be everywhere. They depend on us to call. Sorry that your call resulted in that. Uh it's a non-emergency notification, but that's something else I think that we might want to consider is um going
directly to especially under circumstances a direct line. Is there any other public comment? I'll do I would need to formally close it. Thank you. Seeing none, we'll go ahead and bring it back
to the council. Council, I think we've gotten a few questions clarified. Um, the the code today is to adopt the section 1479 of Bvard County.
Um, thoughts, Council Member Jackson. Um, I as we look at adopting this, which I'm in agreement that, you know, we need to have fines and we need to be able to stack these things. I'm not in
disagreement with this, but I also think that we need to be realistic because I'm going to tell you what I'm experiencing in the condo world, and that is people renting from out of the area. Recently, I know of someone that came in and
stayed for 2 weeks in a nonpre pet friendly condominium with a Rottweiler and some kind of other dog that was equally as big. Um, when the
property manager was made aware, they did not remove them the pets because the property manager wants to make the money. Um, each condo complex has to enforce their rules. Um, and we're
getting a lot of dogs from out of the area right now. So, as we look at all of these things, we have to be realistic in the fact that there's going to be a large number of people in a tourist town, and we've turned into a tourist town with
the number of Airbnbs and verbos and rentals that we have. Um there's going to be a large number that are not going to know what our laws are and that are not going to follow them because these
guests were informed you need to remove the dogs. They didn't leave. They didn't leave. They stayed the rest of their time in a condo complex that's not pet friendly. They were on a leash and this is private
property and we don't have the right as the city to enforce for private property. And as long as they're using the leash law, they were obeying our laws. But I'm I'm just and I'm not against what y'all are saying, but I I
want us to all look at it realistically because we're dealing with this in the condominium world with multiple complexes saying, how do we get them to stop doing this when they're not supposed to be there? And the thing is, how do you do that? And especially on
rentals. Well, the property manager, we need to keep the conversation open. Thank you. And Miss Mary, I will if you've got some I can open it back up, but it's really important that we stay
keep the public meeting here. Um, we close the public hearing, but I want to make sure you're heard as we're going through. No, you're you're okay. If there's things that you want to note, just wave at the end or remind me and
I'll make sure you you get a chance. So, thank you, Council Member Jackson. Well, um, you know, my thing is I'm just wanting pe us to be aware as we're looking at this, um, and whatever direction we take
going forward with it because where I'll tell you, I enforce my rules and I put it in the contract and it says you do this, you bring the a pet, you will be removed with no refund and that's that. And believe me, I removed a few people
for more than just that. But people that are that's their rentals are their life and their blood and their income and all that. A lot of them don't. So my point is being in a tourist area, we can't
enforce that totally. I don't see how that can happen because the enforcement within rentals falls back to condo associations. If they're following the rules as far as a leash, then they're
following the law. Um, so how do we get the information out to people traveling to the area is where I'm going with this because people that are coming to visit our area, if we're going to put in things in place, we should have some
kind of outreach, whether it's on the sign or on our website. and and how do we want to get this out to travelers so they know what to expect when they're in our city with that those, you know, whatever restrictions we put in. We
added something when we adopted the we short-term rental. We talked about um placing literature in each short-term rental, requiring it to be displayed, and I think uh the comment was made that it was displayed on the back of the door
of a rental. You know, do they do they see it? Who who knows? But we could we could easily send literature out to hotels, any rentals, anything in the city and put it out there. Uh, I mean, we posted on the
the board out here about uh leash laws. Um, I have I have a procedural question for Anthony. If we were to adopt this ordinance on the first reading and were
to subsequently find out from the county that yes, they're looking at taking these fines up or doing whatever or we can get some commitment, would we have to redo all of it and start over or
could we make an adjustment at the next meeting? If the if the county were if if the question is if the county were to consider changing the fines then and the council adopted this fee schedule in
total because this council's already approved some of the fee schedule then the amendment automatically takes effect in in the city boundaries. So, you know, whatever the county decides on the fee schedule will be the the the fee or the penalty in Cape
Canaveral. But if they weren't were not to do what we are probably leaning towards, u would we have to start over if we wanted to make changes at second reading? Oh, I think he's talking about in between
first and second reading as opposed to approving it and Yep. Hold on. I got a couple of screens open because I was checking that breed specific language. Um, no. If the city were to take a different position in second reading and actually
want to um create its own penalty um for um the violation about animals and parks, for example, then the city council could do that as second reading. Okay. All right. Because the title of
the ordinance is very um it's very general. Mhm. And it's pertaining to um amending chapter 14 related to fines and penalties for animal control code violations. So we
can make adjustments to whatever those fines are at second reading. And the title is fine. It gives ample notice to the public that council's considering modifying the fines and penalties under chapter 14. Does that answer your question? Yes.
Thank you. Thank you. No matter what we adopt, I do think it would be prudent to have those if not already that this table because I think if we open our code, this table won't be in our
code. It's going to point to section 1479 and so someone would have to go to the county code at that point, right? but having it posted upfront on the website or the most appropriate maybe a couple of places. Certainly adding that
into the short-term rental packet as you know there's 30 different types of violations as opposed to you know one sentence with I think that's an easy win as well. Why why can we not insert this table in our
code display it in our code on the website? I think the benefit of not putting I I' I'd like to the benefit of not is when the county changes we Right. That's um that's correct. Um there could be inconsistencies. I mean we could put
it into the into the code. I mean it's in m it's in MUN code, right? So all you have to do is just cross you read the city's code and says well the county code's going to apply. you just go right to uh the county code on uni code and there's the and there's the most
up-to-date schedule. Now, if you wanted to incorporate it directly into the city code, I mean, I guess we could do that. Well, will will our city code have a link to the Munich code? Well, that's what I was
thinking, too. Is is it possible to link just just a I mean that's that's a question bring to MUN code a hyperlink to the MUN code and and that would make sense or or publish it with you know an asterct or a note that says that you
know subject to this date if any changes that I guess the county would supersede how you'd say it much better than me but um or would govern uh I think having it pulling it
forward wherever if it's on the website certainly in the code because that that would really help especially for public education if we're going to start talking about this or send somebody inform them to go um to the
city's code they can see it right there without linking or not and as long as we're staying on top of it um or the county's notifying us. I guess we could follow their their lead.
Um, okay. Anything else on that one? Um, Council Member Davis, Mayor Pro Tim Kellum, I'm good. I think uh
this that the dogs, let me back up and say this is that I believe people should have the liberty and the freedom in the city I hope to enjoy their
dogs in le on leashes in the community. uh and I think the majority of them do if you were to to look community. However, it is common to see dogs on the
beach and in our parks and some of them I mean at one point they were not allowed anywhere. We by resolution opened up some parks. We've also created a dog park where you can go off leash in the closed infence area. We didn't have
those outlets. And so today, when we see a dog off leash, you know, I'm thinking that's what our dog park is for. When you see a dog uh just, you know, on the beach, for example, we've got parks where you can bring your dogs.
uh and the incident that we've heard uh w with Mary the way my head worked was if we were to go back through that experience again as far as from a city
response standpoint what could we do to get in front of that and the thing that a person walks onto the beach. A dog pursues them, attacks them, they
call emergency, they come out. It's obviously not in enough time. They did stack some fines. I think quarantine took action. Uh but that freedom and liberty, right, it went too far and it
was at the expense and detriment of of of Mary and her family. And so can we we we've went down this and we started putting some signs out. We talked about putting things in the water
bills and people started vandalizing the no dog on beach sign, the big one that was on Harrison uh Avenue and I think we moved it around. Um, but can we differentiate? Can and and
like that's where I was going earlier is when I walk out and I see a dog on the beach period, right? That's a violation. You should call. I'm going to be honest. I've seen dogs on the beach. I don't call every time. Right. I I just I'm
spending time with my family. Whatever. There's times I have called. However, if I see a dog now on the beach that's large and capable of of
being dangerous, I am and they are off a leash. How can we make that as easy as possible for someone? And the thing is we don't I think want them calling the
non-emergency line. I would view a large dog off of a leash running around freely and the owner is no longer able to physically control them. That's the only thing we could
have done in that that day, right? Is to see there's a dog off of a leash. They're big and capable and we're calling an emergency. and the deputy who's writing maybe a police report about a bike that was
stolen. That's really important. But I would want to I don't know what level or how this is administered know that they would abandon that and go immediately to that dog and treat it like an emergency because of what's possible and what's
capable. And then um so that would be the request. I don't know how we get there. It might be strictly administration or uh Boulevard County Sheriff's Office might have some ideas, but how can we equip the public to learn
when you see that it's too risky, that person needs to understand? Um those are some initial thoughts that I think potentially could have helped. We we just have to change the thinking
of the person. And you know, a dog could attack a person, the dog could be um you know, uh the owner's fine, the dog's put down, but I I I feel just with my own experiences that and and I hate to say
this, but and I I live down the road here, but I'll say 50% of the time, it is it is amazing that dog owners do not have their dogs on a leash, or even if they do, they allow other dogs to wander
over as you're walking up the beach or whatever. And it's like uh she was saying, Mary, it's like this attitude of, "Oh, don't worry. She's nice. She won't hurt you." Well, you know, and then there's the
other part where it's it's it's a it's a way of thinking. They're letting their dogs run free. Every so often a dog will come in your direction. Happened to me last year. I I will just say this personal experience. These people are walking
with their head down. Their dogs running alongside them and that dog sees sees me and my wife and it made a beline and I stepped in front of Debbie and I put my hand out and that dog came right up and jumped right on top of me and and I push
pushed the dog off and then the the owner was like, "Oh, oh, sorry." You know, but they didn't even have the dog on a leash. And I see it. It's it's it's an owner problem. It's a way of thinking. It it is a terrible way of
thinking because you could walk up and down the beach and there are so many people where I live. They are letting their dogs off the leash running around and so you're walking up and I'm thinking like I'm standing next to my wife all the time thinking is that dog going to come this way? That's a big
dog. There's you can't predict that. And then the ones the ones there's a certain amount on a leash. I can tell you, I hate to say it, but what I see and I'm down in Cocoa Beach, 50% of the dogs, people are letting them walk alongside them because, oh, they won't bother you
and they're trained or whatever. You just never know. So, it's tough. I think you got to educate the owners. I almost think it's just like anything. Um, if you want to change people's attitudes, somebody's dog attacks somebody, the
owner has to has to pay the price. Maybe it means, I don't know, uh, a big penalty, but if they really hurt the person, maybe it means 10 days in jail. I don't know. But something's got to get these people's attention because 50% I
will tell you that 50% of the encounters I see, these people do not. They are not thinking about the other people who are walking up with no dogs or whatever. They have this false sense that their dogs are okay or this these
people are okay with these dogs and they let the dogs come right up on you. It's an owner problem. That's all I want to bring up. But it's it's out there and it's I got I always got my eyes open on the beach when I'm walking on the beach. Always got my eyes open on the beach.
Loose dog coming up on me and my wife. always watching and then it kind of stays near the owner. Well, what if this time it doesn't stay near the owner? It's it is it is a problem. It's a problem. You know, that's all I want to say. And I've thought about community just having the first responders. I
guess there you got dogs on the beach and then you've got a potentially capable dangerous large dog that could cause harm. Can we differentiate those even if it's internal and and work with the public to
educate them? If you see a dog off the leash, we we we treat that with no tolerance. And I think it's 100% I agree with you, John. It's the owner's responsibility because you there are owners that do not need a
leash and they can verbally 100% control every move that dog makes. that dog won't move. I had a lab. I mean, but you let a another dog come through or you let a squirrel go by or something, the instincts of that animal comes out. And
I've shared in the past there was a pug that was on a leash at my neighbor's house. I was walking back. A dog, a big bulldog, came running out and he was the friendly dog to humans.
But it's also he went in and and shook that pug around like and the poor pug couldn't escape because he was on abiding. He was following law. But it was really sad because you know it's just too risky to
to have dogs on leashes and how do we make that like a glaring part of our culture and community that you're right, we're going to have transient visitors coming in and it's only going to increase and people want to enjoy their dogs. But we have a reputation that in Cape
Canaveral, you better not have your dog off the leash or or our deputies are coming and we treat it with the highest. And where I live, it's an I can it's two words. It's an uncontrolled playground. You're walking up and the dogs are running into the owners and they're
throwing the ball. That's fantastic. But these dogs, none of them are on leashes. And I don't know how enforcement is there, but I could tell you that when something happens to you, you're very tentative walking up the beach thinking, do I have to walk with, you know, do I
have to be looking around instead of just taking a nice relaxing stroll on the beach with my wife because I have dog owners who refuse to put their dogs on leashes or closing your eyes on a blanket just, you know, just relaxing, exhaling. So, yeah, it's a problem.
And and I think that's it. We're going to have two readings. Um it would be my I I don't think it comes down to the administration and the enforcement and
supporting our our officers and whatever is needed. I think keeping it the same does simplify it for the deputies. Uh but the one thing I had to note here was that clear publish schedule of the fines
like we said that that can that specifies uh exactly what the violations are and it would be good to know the steps taken before issuing a
citation just for the community some sort of understanding. It would be my request that you can warn for one time uh for a dog on a leash that's you know like the example we heard deputies come
up obviously they they they warn but when if the dog is off the leash uh can we set a tone and intent that we're not warning for that we're cighting on first observance of first call so when people know they call in it's going to be
responded to and they can make their case and and plea I think to the appropriate body. But that that's it. I'm open to increase the fines, but I also want to I think we got a good council up here that has some good ideas
on how to get the word out. As council member Jackson said, I did see it up on the marquee as you said, Council Member Willis. We voted on some of these things in the past and uh we put some some resources behind it and really try to to
set the tone to equip the community. Lifeguards are also seasonal eyes and ears that we might want to consider thinking about uh improving response times where they
can see that as a concern in those areas. uh where they where they'll be set up from time to time. And then also our community uh service police. I know that they're not as active as they once were, but perhaps cuz our deputies are
dealing with some of the heaviest items and um well the u the citizen patrol, yes, patrols all the parks and streets, all of that, but they're never on the beach.
Um, but they would be a good resource. And you know, speaking about getting the word out, you know, putting it in the water bill is ineffective because most condos don't ever see a water bill. It's
true. So, you know, it's it's got to be almost a direct mailer type thing. Well, I thought that Waste Pro did an excellent job of they've obviously got real estate containers in front, but that was an example of uh just
piggybacking on on some of the outlets that we have. Thank you for raising that. Well, one other thing we could do is all of the pet waste bag dispensers we have should have a sign on
there that there is, you know, a leash. Cape Canaveral is a leash law town and a fine. This is what it's going to be. But you you put them on every dispenser, [Music]
you know, that that's that's that's where the dogs are or well the ones that pick up after their dogs. So, and the sign from it going to the beach is after you get up on the crossover. There were one point I thought we had two one right at the beginning. But is the is it are
allowed to be on the crossover the way our code's written with a dog as the the signs prior to the to the boardwalk itself and it says no further than here. But the thing is is that forever people will walk to the other
side to see the ocean and then walk back. And so, you know, as as I said earlier, and I'm sitting here just listening, taking all this in because you can make a a zillion laws. Mhm. But
we're talking about changing behavior here. This is a very dog oriented city. After what I've seen, when we had our first meeting, people were were saying, "I don't care." you know, um I've just
given an example of what travelers do. They come here and literally the condo association will be saying, "Remove the dogs." The rental manager won't remove them. And the guest is sure you're sure not leaving. And sometimes if you say it
to them, they're not the kindest to you if you confront them. Um, also just like you were talking about, um, or John, uh, actually our interim city manager was talking about, people
assume my dog was one of the ones attacked and almost killed her and she's a whopping 9 lbs. And literally people walk up on that little dog with a big huge dog and go, "Oh, they want to meet." And I'm like, "No, my dog doesn't
want to meet your dog." And so when I walk, I move way out of everyone's way because I know exactly what you're saying. Um where people think that those dogs, they're an extension of themselves, an extension of their
family. And in some cases, and it's it is their family versus them really having a family. Mhm. And so they don't they give you the, "Oh, well, my dog would never do that, you know, just like a lot of
parents might take up for their kids, you know. Um, so how you legislate behavior, I don't know. I don't know how you legislate and modify behavior. I'm sitting and listening and I certainly am understanding what is being said. How we
do that to be successful is where we all have to really put our heads together because you can put it out there and if people don't want to do it and Breard County as a whole is a very dog friendly county. But if somebody's out, I'm
talking about a dog off the leash. Now that let's use the exact uh 1455. What would be failure to properly secure an animal? And that is a little
vague I guess, but maybe it's better under those circumstances. I think if now and a big change is they are going to get hit with a $55 fine. And I think this was the one you said maybe that one's higher. Was it
the 55? And to me that second offense goes to the 165. I think that will be effective and I agree it could go higher under the circumstances especially as it ask with
that owner as John said the proper or the the pet owner is responsible and so changing I think it would change that person's behavior if they got hit that individual
person but I agree with you culture change takes time. It's long. Well, I think and and this is not anything we can do in this room to be honest. It would be a county thing, but if there's physical damage to a person that that pet owner should have jail
time, some jail time involved because if you had jail time involved, you would not let your pet be out next time and not on a leash. Now, I don't have any control
over that. my thoughts but are that um but that's not something I can control as someone up here. But um if you have a ramification to a negative situation because a lot of people will just throw
money at it and keep going. That would change the mindset. It's on the news. Pet owner gets five days in jail because you brutally attacks blah blah blah. And other people look at that and go, "Geez, you know what? I don't want to go to jail. Maybe that'll change a lot of
people's attitudes." I know with my dog, my dog attack was with a dog from Canada that was here with their their owner and the Canadian um owner said, "Well, dogs will be dogs." E. And I said, "Well, not
exactly in the US. Your dog is here as a visitor in our country." And the way the law was written, because I looked it up, literally could have quarantined that dog for 90 days and until they left or until they
left, whichever, you know. So, there was a consequence for an out of the country dog. What are we doing though with a a dog that happens, you know, that lives here?
So it is tough but I think it's uh a step in the right direction. It that that leash that no leash if and even if somebody's dog gets
out and they live blocks away from the beach and they just find their way to down to the beach. I'm a I mean, even in those circumstances, that's hard. That's much different than somebody going out to the beach, unleashing, letting their dog go.
We know they walk by one sign, a few more signs, changing the color of the signs, getting it without cluttering, but life safety issues. I think having some more signs and really
emphasizing the leash, but uh it can get confusing because there's no dogs on the beach. And so when you get into no leash, well, um it's very difficult to legislate behavior. It is. And and everyone has
things that they value and what that value is to them. Mhm. So, I think the leash, just like you're saying, um, Mayor Morrison, I think the leash is the biggest thing because you can't really con, you know,
can contain a dog or constrain a dog without having control over them via leash. So, but we can legislate consequences that we can legislate. Yeah, I think
that that's where we have a role and I'm I'm I'm confident that if we can work with Boulevard County Sheriff's Office and say, "Hey, if you want that type of response, you need to do this." I mean,
it might be as simple as 911, but is there a a way how can you treat it up there with, you know, high-risk call? Well, Mr. Mayor, I'm I'm willing to contact the sheriff and see what we can get them
to help us with. Animal services out of Melbourne. Yeah, I think we need to to potentially bring something forward for the
community and see if if we could um when that happens, I think it would happen. It would be good to to talk with him before the next reading and then see if we could upon adopting get get the
word out and and help um the slow track on that. But come clear that there's going to be no tolerance if this goes for for dogs unleashes. But you know, we'll we'll play the slow game on all the other things. But that one I think
is important and then we can learn about the other tools they have and and ways to work specifically as it relates to dogs. And the last is an outlet on the beach. Coco Beach has dogs on the beach. They have a park. We
we've we have a few more outlets that we didn't have at one time. And so I think letting people know about that. But I agree, people are going to show up with their dogs. There's people that said it's worth me paying the $35 fine to take my dog on the beach. And so that's
where uh I think people get frustrated. But I love I love our animals. I love dogs. And uh uh but retracing the steps of that experience November 2024 with Miss Mary, I think
it's respond. One of the big issues that I spoke with her on was uh the the response resulted in some stacking fines. Mhm. And ultimately
quarantined, but she she rightfully just never expected that as she said. And so she's changed my view as cuz I I know I know everyone's dog is nice and loves but
it's animal nature especially with other pets or animals. They're going they can and they're capable of doing that and we can only exhale if you at least got them on a leash. So, uh, that response from the deputies, could it have
even could it have changed anything? You know, it's I I think it was the call was after the attack happened cuz it was seconds. There was no time. The only thing that I think could have happened was upon observing it. Now the culture changes.
Now we know. Now, we realize that's capable. That is what I'm willing to do. And if if you want to reach out to the sheriff and let him know these are the things we're trying to do, obviously the council uh can can decide at second reading. I
don't think we change any of the amounts today uh because it will go back and forth. They think I think we should come on that second reading with any changes for the fine amounts. Well, something we
could do in the interim is ask Commander Kek to allow the citizen patrol to take out take their vehicle out on the beach and that's part of
their patrol. Right now they just take a a vehicle through the city, but if if they can get out and spend part of their time on the beach, it could be educational. I think it would be great. So maybe we can
explore those questions to see what resources we have and um my hope is that we're well ahead of the snowbirds and then obviously next spring break can be better place. Is there anything else on this uh matter? and I'll make sure that y'all have a chance
to speak. You want to go ahead and I see you waving. I just want to say one thing. Take your dog home. Thank you for sharing that. Yes. Thank
you. Some of those are above our head, but as elected officials, all of us have the capability to advocate. I think we're going to try to get our arms around what we have direct control over. Um, was there anything else at this
point? Yes, please, Richard. I know our communic. communications team and Amy and them they're they've used QR codes and le leveraged them. This is largely a city an administrative decision to promulgate the rules and I think he can work with his team to see
what options are available. Thank you for that idea about the QR code. Yes sir. Okay. And with that, uh, I think the one thing, uh, city attorney, if between now and the next reading, if the
council could have just a summary of the Pamrock from your view, if there's anything that we could, it's happening July 1st. um how the count the second thing was how the
counties if they make changes we just automatically change today but it's dependent on that if Pamrock increases to a thousand we want to increase it but the county does not so I think
getting understanding that process Um and then uh any ideas, Mr. Interum City Manager, between now and then about how to to to communicate and leverage the resources we have? Um and then Council Member Willis, I
think you talked about reaching out to the sheriff. I just saw him at the mayor's breakfast. Um I think if we could have Yeah. him come maybe at the beginning of one of our meetings in it too or or maybe a
dedicated workshop obviously Commander Kek and the the the rest of the county sheriff's office uh animal controller personnel and I think that is a good start. Um, I am leaning towards
increasing the fines in some areas, but not more than just getting an understanding on the process of what is the citizen's role, what can we tell them exactly what to do, improve
communication, and I love the community uh patrols. anyone who's out on that beach can be eyes and ears and help our deputies know what's going on.
So, anything else? If not, we can pass it uh on first reading or sorry, one of two readings, but yes, on first reading. If we're good, I'll make a motion that we pass
ordinance 022025 on the first reading. I'll second. Okay. Got a motion by Mayor Pro Tim Kellum and a second by Council Member Willis to adopt the ordinance on first
reading as written. Any further discussion, city clerk? Uhhuh. Well, that was not Siri. Council member Davis four. Council member Jackson four. Mayor Prom
Callum four. Mayor Morrison four. And council member Willis four. Right. Uh the ordinance on first reading passes 50 unanimously which takes us we are at
9:42 p.m. Uh we do we have one more public hearing item and if the city attorney is ready we can go right to it which is 8.
Yep 03 2025. Okay. So this is uh an ordinance of the first reading city council city Cape Canaveral Florida amending the definition of the term specimen tree in section 102-36 of the city code related
to tree protection providing for the repeal of prior and consistent ordinances and resolutions incorporation into the code severability and an effective date. Also a public hearing item and Abigail has been waiting patiently and I think she probably wants
to say something. So, hello. 3 hours and 40 minutes later. Here you go. Just making sure. Um, I'm Abby Holmes. I'm from the resilience division. Um, I will give a very brief quick little
synopsis of what this ordinance is in front of you tonight. So, we'll zoom out 30,000 ft real quick. Um, so article 2 in the land development code is our tree protection language. And so zooming into section 10236 is some of our definitions. And so
you'll find specimen tree there defined. What we're looking to do, we are proposing an amendment to this code to just change two things about this. Currently, as it stands, the diameter at breast height measurement for specimen trees is at 24 in. We are looking to
reduce that to 18. In addition, we want to def further define and clarify the term specimen tree by saying that it is desirable tree species. And that's listed within the Florida native plant society's list. And so that's really all that we're changing about it.
Um something to consider the reasoning for this. DBH is a standard measurement of tree size, but we all know that desirable tree species, they vary in size. So, we want to make sure that we're getting that range to be applicable to all desirable tree
species. And so, that's why we're looking to reduce from 24 in to 18 to widen that scope. But at the same time, we don't want that to apply to every single tree, even though we already say that undesirable is a species that would not count for specimen trees. We're
further defining it by saying it's going it's applicable to to our desirable tree species. So that's like the brief overview of it, but I'm here to answer any questions you have any for me. Thank you, Abby. That was very helpful. Any
questions, council? I would just like to say thank you so much for doing this. We have lost a lot of beautiful trees in our city and this is this is really exciting. So, thank you so much for your work on this.
Thank you. one. I I do have one question. As designated, I'm familiar with the Florida Native Plant Society, so it's a matter of going on there and that's where those species will be listed. Yeah. So, they have a list of desirable
species and that's applicable to the East Central Florida region. Um, it's digital and available online. It's really easy to navigate. They have a whole list of plant species. It's a great tool and resource. It is. Thank you. If there's not anything else for
Abby, you can go ahead and bring it back. This is a p like this is public hearing, right? Yes, it is. I think we're good. Thank you, Abby. Council, any more questions before we go to the
public? All right, this is a public hearing item. If anyone chooses to speak on it, please come forward and speak. Ordinance 032025. Seeing none, we'll go ahead and close public hearing, bring it back to the council. I make a motion that we
pass ordinance 02 03 2025 on the first reading. Second. Second. Uh, got a motion by Mayor Pro Tim Kellum and a second by You can give them to him. Doesn't matter. All right. Council
member Davis there. Any further discussion? Seeing none, city clerk, council member Davis, four. Council member Jackson, four. Mayor Tim Kellum,
four. Mayor Morrison, four. Council member Willis, four. Ordinance 03 2025 passes unanimously. And now we are I misplaced my sheet. That brings us to item number nine.
Let's see. Yeah. Is it nine? Wastewater revenue. Yes. The wastewater revenue sufficient. This is just a dis. So that closes our public hearing. This is just a discussion item. I think this was submitted by our interim city manager at
least department directors. Wastewater revenue sufficiency analysis findings discussion. Mr. Interim City Manager. Uh yes, Mayor Council. Um uh this is something uh since we had the
2022 Rev Tillis uh uh report and had the study done and what where we should be every year in terms of what the increase should be. Um, every year, um, we look at this to see how much in line this is.
Actually, I think it was being looked at based on, uh, for instance, this year there's a 5% uh, increase based on what the study says. Well, the 5% increase to let the council know is definitely
warranted, especially with um, um, all the things that have affected this study in the last four years. meaning the study did not take into consideration I'm not going to go into a lot of things here but I mean the
inflation um uh it did take into the the the increase in debt service of course we've also uh increased um uh the number of employees and salaries and things of
that nature um and in addition to is the really hard-hitting thing is the costs of projects that we wanted to do and could this utility income support that and um we're finding out when I did this
initially before we had done the operational expenditures and CIP for the budget I did this at the end of April uh prior to and the what the 5% did is um
the study said which is unrealistic Now, that said that, you know, the surplus would be at 561,000. Well, it's nowhere close to that. What it actually is, it keeps us in the black at 101,000. So, that's the main thing here. So, based on
the findings, the 5% is is definitely warranted. Should it should the uh the sore rates uh the wastewater rates go up? Um there is
a there is a um chart I put back there and you know if it went up to 7% it we'd realize 210k is a surplus and if it went up to 10% 375k. Um we're we're in the midst of
developing the whole budget. Uh, if council wanted to revisit this, um, I would not recommend a 10% increase, but if council wanted to, uh, realize maybe,
um, 150 to $200,000 more, maybe 7% 8% could be considered by council if they wanted me to bring this back in June. However, um, currently as we look at the wastewater fund budget, it's very tight.
But I will tell you that based on some of the key projects that we're looking at doing, um, obviously with inflation and these things being done now as opposed to two years ago, the price has went up. So, we are in pursuit right now
from the state uh, for an SRF loan. And I have Tim working on this right now. He's already talked to the state and when they the determination of whether or not we get this uh SRF loan that's going to cover $1.5 million of these
projects that uh uh June has down there at Wastewater. Uh you we'll find that out in August. We're going to put a package together. We're going to submit it to the state. Reason I'm telling you this is is if we could get the 1.5
million then it's going to definitely and we're making adjustments and pushing some stuff out as we talked in the CIP meeting then keep of course we have to keep the 5% increase. Um this is going to uh tighten things up that that could
help us to achieve our our um to achieve the revenue needed to cover our expenditures. So, at this point, um, mayor and council, I'm basically telling you that, you know, we're going for the SRF loan
and and that's what those SRF loans are for. And, uh, Tim knows the requirements and he's going to work on that package. We have to get it within 45 days prior to them making a decision. And, and this all gets brought up in August. and after
talking to the state um pretty much if everything you know passes the smell test or whatever then um we're more than likely being able to get to get this SRF loan. So I'm not really going to say anything else about this. I think all I
could tell you is is I believe that next year um where this study says 2 and a half% and it's very far removed from when the study was done. We'll be looking at this a lot more differently in the sense and coming to council
saying two and a half% ain't going to cut it in 2627 and we don't we're just going to have to see where we land but you know we could have a significant increase to get that utility income to cover um the expenses in
wastewater. So that's that's about everything I could say about this. Thank you for for going through that. I do remember this council. I mean I mean it's just it's a discussion right now but if you want
to the next meeting would be June. I think you're saying trying to get some direction from council on whether or not you want to bring that forward as we go into the budget. Right. And what it what the reason I'm saying is if by that time uh in the next well two weeks we would
have rolled up the operating expenditures moved in the CIPs bring it together and see where we stand and I am really counting on the SRF loan and then based on that see how how much how vulnerable how vulnerable we are and
fall short and then um with that being said I could reapproach council in June and say, "Council, we're going to need this extra 200k and maybe go from a 5% to an 8% or something." Uh, but right
now, I mean, the 5%'s locked in. It's part of the whole schedule. It's it's already been, you know, that whole schedule was given to Koko four years ago. So, um, uh, so that's the way I'd like to approach it. If council wants me
to look at this after I roll up the budget and come to council, then I would be coming to council with a uh resolution to increase the wastewater by a few percent resolution
or ordinance uh Anthony to raise the uh um you would the city council would have to adopt a resolution to amend the rate schedule, but you need to keep in mind that under Florida law, you would be required to advertise a public hearing for a
potential rate increase in the city of Coco's utility bill, right? So there's like a 30 45 day lag there so you can get it into the bill and and I could do that and and also they could this could be done, you know, it could be done in
July with what I could do is I could look and see where the numbers lay in the next couple weeks. And if it does have to be um done like Anony's saying, then that gives me the time to to know and I'll talk to each council person one-on-one and say we are going to need
this, but then the resolution doesn't get done until July. Uh but it also gives me the time to to uh get it into the July 6th or 7th statement uh on a utility bill. So I I'm I'm honoring that
process while I'm also knowing what's truly needed because the world has really changed in the last four years. So um if council wants me to I could take that approach and I could talk to
each of you well before well June 17th the next meeting but then I wouldn't even this wouldn't even be the resolution. I'd have to take it into July because like Anthony says, I have to do the notice which I would do heck
it by the beginning of June because I could call Koko once I do the numbers. So if council wants me to do that, I'll do that. Yes, I think annually we've wanted to to analyze it. City staff did that. The numbers are are out.
Um okay, we're at 957 council. So, I would like to just dig into this a little bit more. I really don't want to increase rates ever. And and I believe that we could I believe if we don't,
mayor, this year and we can get the I could get the SRF loan then. I think we'll make it through the year. It'll be tight, but we'll make it through the year with wastewater, but we do know that then the following year, uh there's
no way that a two and a half percent increase, not with the way everything's escalating, is going to be enough. And we'll have to take a real hard look at whether that should be then 7% 10%. I mean, um because we haven't
really raised the rates. Last year we raised rate what f was it 5% or seven seven and a half percent maybe we did a resolution there um yeah well it's based on actually the schedule's in there let me just look at that and I'll be done
yeah it's on it's it's it's an attachment too so we did 10% in 2022 7.5% in 2324 this year we did 5% now we're talking to council about it's 5% which
we'll have to do and that's the one we're talking about whether or not you want me to dig deeper and then uh in 2627 when we do this which would be next April or May you're looking at 250 which is time has a gone by and
what's happening 250 is not going to be enough and that's we could look at that at that time um so if you want me to dig deeper in the next couple weeks to to to kind of show you some numbers on where I believe we'll be um the 5%. I understand you don't want
to raise it, but I would rather do that than property taxes, but I'm I'm just making a general statement. If we need to increase rates, absolutely. I'm not saying like that. So, I want to just look a little bit right. Well, let me
take a hard look at this surplus because that's way off. I mean 500,000 and so I'm questioning the study how reliable it was. Well, the criteria I don't think took in all the inflation and everything else that we experienced. So that that they could not predict
that. Um so um why don't I dig deep in the next two weeks? I will call each council member uh and you mayor and and just tell you what my findings were and then I could get a feel from each council member if they believe say we
have to go up to 8% how many people actually feel that that's what they want to do and we'll go from there. Whatever you bring forward to all of us and you believe is the best I think that's exactly as you said we'll take that you'll know if obviously no one wants
it. Okay, that's all I got. We're just at 10:00 now. Uh, so that's the end of the discussion. If there's anything else, we have reports. If we wanted to extend for reports,
we we could, but only only thing I want to make everybody aware of is this uh workshops on uh right moves that we are doing in conjunction with uh Space Coast TPO and FDOT. It's a threepart
series over the summer here in Cape Canaveral. I brought this up at the safety summit. Abby Holmes took the idea and ran with it and got TPO involved and it's been fleshed out a lot better. So,
it's the first of its kind in the state and it's happening here. Fantastic. Thank you. And I uh look forward to You want watching it? June 7th is the first one. It'll be
here. Well, thank you for that. Um, well, if there's not anything else, Council Member Davis, Council Member Jackson, Mayor Pro Tim, John, thank you all. We'll go ahead and adjourn the meeting. Meeting
adjourned. Hold it.