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6:02 p.m. We are at the City Hall Council Chambers at 100 Pulk Avenue in Cape Canaveral, Florida. This is our Cape Canaveral City Council regular meeting. I call this meeting to order. And with that, Council Member King,

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would you please lead us in the pledge? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

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>> Thank you. City clerk, please call the role. >> Mayor Pro Tim Jackson, >> here. >> Council member King, >> here. Here. Mayor Morrison >> here. >> Council member Sharia >> here

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>> and council member Willis >> here. >> City Council, thank you all for being here. Our city staff and everyone who's in attendance today. Appreciate your time to join us for this meeting. This time council, we are at item number

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four to approve the agenda as written or with amendments. Should the council decide, please let me know. There's no desire for any amendments or changes. Just looking for a motion to approve. >> Make a motion to approve the agenda as

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written. >> Seconded. >> Got a motion by council member Willis, a second by council member King. Is there any further discussion? >> Seeing none, city clerk, please call the role. Mayor Prom Jackson four. >> Council member King four. Mayor Morrison

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>> four. >> Council member Sharia four. >> And council member Willis >> four. Agenda is approved as written. Approved 50 by the council which brings us to item number five. We've got a few presentations tonight. And before going

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forward, if anyone does desire to speak, we ask that you please fill out a public comment card. They're provided in the in the lobby. We're going to get to that section of the agenda right after our presentations here and uh we'll make sure that you're heard. Please provide it here to our uh sheriff's deputy and

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we'll we'll uh we'll get you going. And with that, the first presentation is uh number 5.1, which is a proclamation declaring April 24th, 2026 as Arbor Day.

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Okay. Oh, it's okay. Thank you. I'm going to come forward and read the proclamation. And I believe we do have a representative here, Miss uh Dana Cesman. Are you with us today, Dana? As soon as I'm finished reading the proclamation, if you'd like, we

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encourage you please come forward and take a photo. And if you have any words, you're certainly welcome. This is an official proclamation of the city of Cape Canaveral. Whereas in 1872,

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Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for planting of trees. And whereas this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska

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and is now observed throughout the nation and the world. And whereas trees can reduce the erosion of top soil, mitigate storm water flooding, cut heating and cooling costs, moderate the temperature, clean the air, produce

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life-giving oxygen, sequester carbon dioxide, and provide a habitat for wildlife. And whereas trees are a renewable resource, giving us paper, wood for our home, and fuel for our fire. And whereas trees in our city

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increase property values, enhance the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal. And whereas the city of Cape Canaveral is celebrating its 37th year as recognized

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tree city. Now therefore, I, Wes Morrison, mayor of the city of Cape Canaveral, Bvard County, Florida, do hereby proclaim April 24th, 2026 as Arbor Day in the city of Cape Canaveral, and I urge all citizens to celebrate

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Arbor Day, support efforts to protect our trees and woodlands, and plant trees to gladden the heart and promote the well-being of this and future generations. signed and sealed this 19th day of May, 2026. Thank you.

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I don't uh good evening. I'm Dana Susman. I'm a senior forester with the Florida Forest Service and thank you for inviting me to uh accept the proclamation. And I wanted to say even though April 24th has passed, um to a forester, every day is

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Arbor Day. So, uh it's a chance to celebrate trees, to thank trees for all the things they give us. So, plant a tree, water a tree, take care of a tree. You can do it every day, but in in the US, the National Arbor Day is our formal

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recognition of all the things that trees give to us. So, thank you very much and happy Arbor Day. Thank you. We do love our trees here in the city of Cape Canaveral. Appreciate you and all who were a part of making that possible.

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At this time, we're moving to item 5.2, which is a proclamation of Cape View Elementary School, which b has been in our city from 1963 to 2026. I um I'm going to come forward and read this proclamation and I actually did not

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uh sign it yet. I wanted to do that today with with everyone and we appreciate all who took the time to be here with us and council once I finished the proclamation be honored if you'd be willing to come down and and join for a photograph and any words from uh our

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Cape View principal. And I would assume so Miss Long and Miss Dodd, thank you so much for being here. So I'll go ahead at this time and and sign the proclamation. Thank you. This is an official proclamation of the

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city of Cape Canaveral, Florida. Whereas Cape View Public Elementary School opened for the first year in 1964 with Mr. Robert Mink as its first principal. The school became known as a small school atmosphere with strong community

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partnerships and relations and the school is recognized for its historical significance where a large number of its students had parents who were space program astronauts more than any other school in the nation. And whereas for

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over 62 years, Cape View served many families who worked at Cape Canaveral, where the school not only impacted academic knowledge, but upheld its mission, creating a lifelong learning environment and that was focused on

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standardsbased instruction leading to a higher level of student engagement and improved student achievement. And whereas in 1976, the city of Cape Canaveral identified the school crossing guards to the Bvard

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County Board of County Commissioners as services rendered for the benefit of the city's residents to ensure the children's safety as a major se city street crossings leading up to the school. And whereas since 1991,

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the school continued to support its belief in family involvement by bringing stakeholders together, being active with city related events, and keeping the governor's mentoring initiative program that involved city council members and

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staff as volunteers. And whereas members of the community distinguished the area with a quiet beach and a good elementary school as a reason to live. And in 2014, the city of Cape Canaveral celebrated

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the milestone of the school's 50th year anniversary. And whereas in 2018, Kate View Elementary, home of the Cape View Rockets, received an A+ rating from the

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state, provided neighborhoodbased access to quality public education to impact academic knowledge and nurtured values of respect, perseverance, and service throughout generations. And whereas Cape View Elementary

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throughout its history remained committed to continuous improvement where in the 2024 2025 school year, the school achieved an A school rating symbolizing the resilience, pride, and

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excellence of the Cape View Rocket staff. And from the humblest school houses to today's modern classrooms, the school's educational journey has been marked by the dedication of pre principal Melissa Long, the commitment

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of the teachers and faculty, the curiosity of the students, the steadfast support of the families, and the protection from the city's school crossing guards. Now therefore, I, Wes Morrison, mayor of the city of Cape

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Canaveral, Bvard County, Florida, do hereby honor the legacy of Cape View Elementary School, and as it closes its doors for the final time, call upon all citizens to honor educators, students,

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and community members past and present, whose contributions have shaped our school into places of inspiration and opport opportunity signed and sealed this 19th day of May, 2026.

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Principal 3. Okay. So, Thank you. Sh. Thank you so much. Good evening, Mayor Morrison, members of the city council, city leaders, community members, family, staff, and

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friends of Cape View. Tonight, I stand before you with a full heart and deep gratitude. On behalf of our students, families, faculty, and staff, thank you for the incredible support you have shown to Capef Elementary throughout the years and especially through this season

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of of transition. KFW has always been more than a school. It's been a family, a safe place, a source of pride, and a true community hub. For generations of children in this city, Cape was where they learned to read, made lifelong

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friends, discovered their talents, and built memories that will stay with them forever. This school became woven into the heart of this community, and that only happens when a city truly embraces its school. Throughout this year, our

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community faced difficult decision and emotional changes. The city of Cape Canaveral continuously showed compassion, kindness, and support. You listened, you encouraged, you honored our students and staff, and reminded all

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of us that Cape mattered deeply to this city. One of the most powerful examples of that love was during our alumni community open house. We welcomed approximately 440 people back home to Cape View that day. Alumni traveled from

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places like Virginia and Georgia just to walk the halls of our school one more time, reconnect with old friends, and pay tribute to the school that meant so much to them. Decades of memories filled the classrooms, cafeteria, and the

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patio. One moment that truly captured the spirit of Cape View was watching a gentleman who attended Cape in the 1960s reconnect with his first grade teacher right there in the cafeteria. It was emotional, genuine, and unforgettable.

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Seeing the number of people who came and the love that filled the campus that day showed us all something very special. Cape View was never just a school building. It was a place where people felt loved, connected, and part of something bigger than themselves. As the

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principal, I have had the privilege of witnessing the very best of people during this journey. I have seen city leaders attend our events, celebrate our accomplishments, speak kindly to our students, and support our staff during moments that weren't always easy. Those

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actions may have seemed small at times, but it meant the world to all of us. I especially want to thank the city for recognizing the importance of of preserving the spirit of legacy of Cape View. Schools are buildings, yes, but

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they are also filled with stories, transitions, traditions, laughter, and love. you. Your support helped our families feel seen and valued during a time that could have felt very easily uncertain. Kview

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students are resilient, kind, and remarkable children. Our teachers and staff have poured their heart into this school every single day. They created a culture built on relationships, love, and a we over mindset. Even in

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challenging moments, they continue to show up with strength, grace, and unwavering dedication to children. I'm incredibly proud to have served as principal of Capefield. This school has changed me forever. The students, staff, and families became a part of of my

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heart, and I will always carry Rocket Pride with me. The city of Cape Canaveral truly shows up for its people, its children, and its school. In over 25 years in education, I can honestly say I've never witnessed a community rally

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around a school with as much love, pride, and unwavering support. As we look ahead, I know the spirit of Capef will continue. It lives within every student who walked our halls, every teacher who gave their all, every volunteer who stepped forward to help,

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and every family who trusted us with their children. It lives within this community. The future holds hope and optimism for our students and families. While change is never easy, we know our children will continue to thrive because they carry that spirit of Kate View with

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them wherever they go. We are grateful to our neighbors at Roosevelt Elementary for welcoming our students and families with open arms as we begin the next chapter together. This transition is not about leaving memories behind. It's

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about bringing decades of rocket pride, relationships, and community into a new future. The love, traditions, and values that made Cape View special will continue to live through our students, our staff, and our families. Tonight is

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not about saying goodbye to a school. It's about celebrating legacy. It's about honoring decades of memories, relationships, and love. It's about and I would like to say a big thank you. Thank you to the city of Cape Canaveral

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for standing beside us. Thank you for believing in our children. Thank you for reminding our community that CFU mattered and always will. Once a rocket, always a rocket. Thank you. Thank you, Principal Long and the entire

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Cape View staff, community, parents, students. the long several decades of over 60 years that's given so much to the identity of who we are as a city and while this is the the

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end as you said the legacy we will carry forward. So, thank you for your words and once a rocket, always a rocket. >> Council, I just want to say thank you all as well for everything you did and our city staff to to support and to be a

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part of Cape View Elementary. It's time we were unified and um we will continue to celebrate all the positive contributions that Cape View gave our community and our city. So, thank you again. Was

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there a recess needed? Thank you. At this time, we're going to go uh on the same note there and uh lead our school crossing guards recognition, which is a presentation of certificates

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of appreciation to the Cape View Elementary School Crossing Guards on January 20th. 2026, the Bvard County School Board approved Cape View Elementary's schools consolidation to Roosevelt Elementary School in the city

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of Cocoa Beach. As a result of its actions and with the Cape View Elementary School's closure, the following school crossing guard positions employed by the city of Cape Canaveral will no longer uh go on. first

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and I'm if you're here with us, we would ask you to to come forward. Karen Rocky, who started on August 18th, 2008. Miss Janice Durkin started August 10th, 2011

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and Miss Marie Baker started August 8th, 2025. If you're with us, thank you. that you want to come down one last time. Let's go down and join the customer. Imagine

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all those children you helped safely cross the street. Thank you. City Clerk's office at this time of recess 10 is it? At this time, we're going to take a brief recess. believe we

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have some refreshments out front as well and uh allow that those who would like to join us here in the lobby I would say for 10 minutes to um recognize and celebrate that proclamation and uh those certificates of our crossing

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guard. So we are at 6:26. We'll try to get back in well before 6:30 and uh we'll take a recess. Let's go. going to go ahead and call our regular city council meeting back to order. It is 6:42 p.m.

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Before getting started back on the agenda, do have a little housekeeping question. There was a phone that was found. Um, it is looks like there's a cat as the background and it is a black phone. is

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if somebody hears they've lost a phone or need a phone, I'm sure they'll be coming back. >> That look like a bunny. >> Is >> if you hear it ring, you'll know it's the person who owns it borrowing another one. >> I'm going to delegate this to our mayor

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pro Tim. If it rings, you >> What did you say? >> I said you might want to make sure it's silenced during the meeting. >> Yes. All right. So, I'm assuming no one here is missing a phone. >> That is a cat. That is a cat. I was I was mistaken. It was at a distance.

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Okay, I've got the cat phone. >> Thank you. All right. So, we are at item 5.4, which is the tsunami and hurricane presentation. We have a presentation of the city of Cape Canaveral tsunami ready certification

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ceremony presented by the Melbourne National Weather Service office. Welcome. Thank you for being here. >> Cool. So, thank you mayor and the city council members for the opportunity to be here this evening. Um, as the warning coordination meteorologist at the

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National Weather Service in Melbourne, my team and I are responsible for the planning and execution of our AY's weather and water safety awareness program, which focuses on educating public and helping reduce death, injury, and property damage caused by hazardous weather here in East Central Florida.

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And that's where the Tsunami Ready program comes in. Tsunami Ready is a voluntary community preparedness program that recognizes communities for strengthening loan local warning operations, emergency planning, public alerting, and outreach before a tsunami

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threat occurs. Built through collaboration between the National Weather Service and the National Tsunami um hazard mitigation program, emergency management, community leaders, and the public. The goal is simple. to improve public safety before,

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during, and after a tsunami emergency. Now, I know what you're thinking. Tsunamis? Why are we talking about them in East Central Florida? Well, they've happened in the past and they're going to happen in the future.

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They are rare, but rare does not mean impossible. and lowf frequency, high impact events still require planning, coordination, and coordinated public messaging. And as of June 1st, just a few days from now, thanks to the efforts

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put forth by city employees within your resiliency division, resilience division, the city of Cape Canaveral becomes the third community within East Central Florida to be recognized as tsunami ready and only the sixth community to be recognized as tsunami

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ready in the state of Florida. Your city staff has worked hard to meet the goals of the program, including identifying tsunami hazard areas, developing evacuation and response planning, supporting public education and outreach, participating in tsunami exercises, which there was a photo just

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now displayed on the screen, and ensuring that folks have multiple ways to receive and share official tsunami alerts with the public. And fairly soon, if not already, you folks have these adorning your crossovers. How many crossovers do you all have? 17

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crossovers, identifying you as a new tsunami hazard u community within east central Florida. Uh identifying the threat here, but making sure people know what to do in the unlikely event that a

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tsunami does threaten our coastline. And this work matters because the warning process is only one piece of preparedness. A warning must be received, trusted, and acted upon. And that requires planning before the emergency happens. So with that in mind,

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let's remember that even the best plans are tested during emergencies. And we're no stranger to emergencies, right? Whether they be hurricanes, storm surge, flooding, severe thunderstorms, tornadoes, extreme temperatures, and while rare, tsunamis. But the collaborative effort put forth by your

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team over the past couple of years will allow the city of Cape Canaveral to better prepare for and respond to this low probability but high hazard event. But it should not end here because preparedness is everyone's responsibility. We prepare because

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coastal hazards can evolve quickly. We prepare because clear messages and practice plans save time when save time when time matters most. And we prepare because no community is hazardroof. But programs like tsunami ready help

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communities become more aware, more coordinated, and more resilient. So, I appreciate your time this evening and congratulations to the city of Cape Canaveral on becoming tsunami ready. >> I would I would Thank you, Will. I would also just like to add council that

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another big reason that we wanted to do this was because as a member of the National Flood Insurance Program, getting this certification adds to um us getting lower flood insurance premiums through that program. So, we're on track to become a class 6 community, which

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affords 20% discounts on flood insurance premiums in the city. That reertification gets upped every 5 years. We just put it in. So, this certification will go into the next cycle, and it's worth dozens and dozens of points through the program that could further see insurance premiums decrease for the public in the city. So, that was

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another big reason. I also just wanted to ask if you would like to take a photo with the sign and then call it good. Oop, sorry. So, thank you. I also want to just give I also just want to give a huge thank you to Canabra Fire Rescue and Bard County Sheriff's Office who helped get this certification

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for us through the emergency planning process. So, thank you. You thought I was joking. >> All right. Pray we never have to exercise that but >> it's better to prepare

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even if it is unlikely. Thank you again. Okay, at this time we are now on to item 5.5 which is a proclamation declaring the week of May 10th to May 16th, 2026 as National

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Police Week. Just want to read the summary here. Each May, our nation comes together to honor the courage, sacrifice, and dedication of law enforcement officers originally established by presidential proclamation by President John F. Kennedy in 1962.

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National Police Week includes Peace Officers Memorial Day on May 15th and a week of observances recognizing officers who've given their lives in the line of duty as well as those who continue to serve and protect our communities with the dedication and courage. Events are

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centered in Washington DC and include the candlelight vigil hosted by the National Law Enforcement Officers Memorial Fund, the concerns of police survivors, cops, national survivors conference, and the cornerstone of the week, the Fraternal Order of Police

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National Peace Officers Memorial Service on May 15th at the West Front of the United States Capital. National Police Week is both a time of solemn remembrance and a celebration of the men and women who serve with integrity and bravery every day. It reminds us that

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behind every badge is a story of service, sacrifice, and family. This is from national policeweek.org. Um, and before going down, I do have a proclamation I'm going to come forward and read. Just want to say that, you know, our city uh hired Mr. Touchberry

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who who served and and we've uh it's not as uncommon anymore, but we're been very thankful for his service here as city manager, but also his his background and service as a as a chief um for the Felsmere Police Department and and

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working in uh the Vera Beach Police Department. Mr. Touchberry, I know this day is a special one for you. If you'd like to say a few words. >> Absolutely. Thank you, mayor, and thank you, council, for taking a few moments to recognize, you know, what truly are, you know, heroes in our community. Um,

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we love our fire guys and their heroes as well. Uh, but today in this last week, I should say, but today in particular is when we honor, you know, our police officers. Uh, they are the ones who run toward the gunfire. They understand the threat and the dangers out there. They look at society a lot

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differently than the rest of us do. And I could tell you just uh when I would be out with my wife driving, you know, into town, when I was on patrol, especially soon as we would hit the city limits, my head would start looking left and right, and she would slap me in the arm and she say, "Quit patrolling." It just is

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instinctual when you when you're out there, you you truly do see the community for all that it is good and also the evils that lurk out there. So, we cannot tip our hat enough to the men and women who serve us in the law enforcement profession. So, thank you so much for what you're doing here this

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evening. >> Thank you. I believe it's Commander Neil here. I'm going to come forward and present this. >> Not not his representation. >> Thank God on the paper. >> This is an official proclamation of the

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city of Cape Canaveral, Florida. Whereas the Congress of the United States and the President of the United States have designated the week May 10th through May 16th as National Police Week with May 15, 2026 recognized as Peace Officers Memorial Day. And whereas law

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enforcement officers throughout our nation faithfully serve and protect their communities, often placing themselves in harm's way to safeguard the lives, property, and constitutional rights of others. And whereas according to the National Law Enforcement Officers

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Memorial Fund, the 111 law enforcement officers nationwide were killed in the line of duty during 2025, representing a tragic reminder of the dangers faced daily by those who wear the badge. And among those losses, 11 were brave

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officers serving communities throughout the state of Florida. And whereas the city of Cape Canaveral recognizes and honors the courage, professionalism, integrity, and dedication demonstrated daily by all federal, state, county, and

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municipal law enforcement officers. And whereas the city further acknowledges the sacrifices made by law enforcement officers and their families, including those who have suffered injury or given their lives in the line of duty while protecting the public and p preserving

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peace and order. And whereas the Bvard County Sheriff's Office provides dedicated enforcement services and protection to the residents, businesses, and visitors of Cape Canaveral. and the city expresses its sincere appreciation

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for the commitment, professionalism, and service of the deputies, civilian staff, and leadership of the sheriff's office. And whereas National Police Week provides an opportunity for all citizens to express gratitude and support for the

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men and women of law enforcement who work tirelessly to ensure the safety and well-being of our community. Now therefore, I, Wes Morrison, mayor of the city of Cape Canaveral, and be on on behalf of the city council, do hereby

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proclaim May 10th through the 16th, 2026 as National Police Week in the city of Cape Canaveral, Florida, and encourage all residents to honor and recognize the dedicated service and sacrifice of all law enforcement officers, and to join in

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expressing appreciation for the unwavering commitment to public safety signed and sealed this 19th day of May 2026. Thank you council. One more time, it's important I think we come down. Do you want to come

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forward? Thank you for the second. >> Yes. >> Thank you very much. Uh Governor Mike I I do appreciate this uh on for representing the Boulevard County Sheriff's Office. I personally have been

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a member of the sheriff's office for 25 years and since I think 2008, this is my third third time I've been assigned to the city of Cape Canaveral. And uh I'm always treated differently when I come back here. It you know, we were treated like we were the the small town police

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officers. We are treated very well by the city council and we know our citizens and uh we we really appreciate the time that you guys take to take care of us and and when people come up to the the office just to say thank you and and recognize that that we're here for you

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guys and for here for the city. So, thank you very much and thank you for for honoring the service that we give and for those who who've given everything and given, you know, everything from their families and and their lives to the the citizens. Thank you. >> THANK YOU.

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AT THIS TIME WE ARE ON item 5.6 which is our final presentation of safety summit award which quoted cones to concrete project a presentation of the Florida department of transportation district 5 safety summit award. I believe council

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member Willis will be presenting this. That was wrong. One more. We're going to all receive this. So come down. Is this thing on? >> Good. might as well just stay here. >> As a member of the uh FDOT District 5

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Central Florida Safety Steering Committee, I was able to attend the FDOT District 5 Getting to Zero Safety Summit. And the getting to zero safety summit is an extension of the vision zero initiative to recognize that no roadway fatality is acceptable that we

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should strive to reduce and work toward eliminating roadway fatalities. Along with Rich Davis, the city engineer, we were honored and proud to receive the FDOT safety summit award on behalf of the city of Cape Canaveral for the temporary crosswalks from cones to

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concrete project. And I believe uh that is Connor Ford's uh naming of the project. Um it was a surprise. Uh we were not expecting to receive this award, but during the city's popular monthly Fridayfest,

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attendees faced challenges safely crossing A1A. In response, the city partnered with FDOT, Bvard County, and the Bvard County Sheriff's Office to implement a temporary manned and well-lit crosswalk, creating a safe and effective solution. The project's

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success has led to a permanent midblock crossing with a pedestrian hybrid beacon now in design and anticipated for construction in 2027 with funding assistance from the Space Coast Transportation Planning Organization. This effort reflects the power of

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collaboration with external organizations and an incremental approach to achieving safe streets. And congratulations to the city of Cape Canaveral and city council and its partners on this outstanding achievement. And I'd further like to

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acknowledge three members of staff. Tim Carile, our capital projects director, Connor Ford, our senior planner, and Abigail Holmes, resilience planning and services manager, who have worked diligently on furthering this project to

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provide safe access to the our residents. Mr. Mayor, 2. >> Thank you. Just want to say this. Thank you, Council Member Willis. You know, thankfully coming off of uh recognizing

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our our Boulevard River Boulevard County Sheriff's Office and the relationship that Cape Canaver has been fortunate to to maintain low crime and and the awful things that happen in societies where blood is really shed. It's we we've been fortunate here, but the one area in the

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past seven, eight years where you do see uh just horrible incidents has been on A1A, the saddest stories. And so any way that we can improve safety um and and through the surprise of receiving this award, these are the steps that I think

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uh are are meaningful and going to help the city move forward to to uh make it safer. It is something that's out of our control, but I think this proves that while we don't own and operate the road, through that collaboration, we can make a positive difference. So, thank you

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very much and the entire council for continuing to support and all of the city staff as council member recognized. We appreciate you and I absolutely love the name Concrete. So, that's great. Thank you again. That will conclude the uh presentations

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and and proclamations for uh our meeting this evening, which brings us to public participation. As I said earlier, if anyone does intend to speak, we ask you to please fill out a card. At this time, I only have one uh card and uh

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we ask you to to please come forward. Mr. Evan Widesfeld, if you're here with us, the floor, come up. Will you please come forward? Yes, sir. We just ask you to uh please let us know your name and address. Uh we got 3 minutes and uh when the light goes yellow, it's got about 30

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more seconds left, and we ask you please wrap up. Mr. Weisfeld, the floor is yours. Thank you. >> Uh, my name is Evan Weissfeld. I live at 316 Madison Avenue. I'd like to thank the city council for announcing the plan to add parking fees

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at the beaches this time. For those of you who don't remember, last time we woke up one day to find numbers painted on the parking spaces. It was then revealed that hardware to collect parking fees had already been purchased. To make a long story short, the outcry from the citizens of Cape Canaveral was

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loud enough to stop it in its tracks. I hope we still have the kind of community that stands up against this. To quote from the Surf Rider Foundation's policy on beach access, our oceans and coasts are public spaces and the Surf Rider Foundation views beach

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access as a universal right. Access to healthy and clean coasts and a vibrant ocean should be for the benefit of all people. If we take away free parking at our beach crossovers, we are limiting that right. What we will be saying is because

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we live here, we're the only ones who have the right to free access to the ocean. This is such an elit elitist attitude and I hope we as a community are better than that. The argument for doing something like this boils down to this is a way to get

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stuff paid for without raising taxes. To that I say there are some things worth paying taxes for and each of these should be judged on their own merit, not used as an argument to restrict access to the ocean. Cape Canaveral has always felt like a

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community that supports families. What is going on here lately has me concerned we're losing that focus. The loss of our elementary school and the rumor and if the rumors are true, Cherry Down Park. and know this. What will this community be like when there's no elementary school, no public

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park on the beach, and no free access to the ocean? Thank you. >> Thank you. Anyone else intended to speak? I do. >> Thank you.

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Good evening. My name is Leva Sadomin. I'm in Cape Canal on Lincoln Avenue. I also live at the beach, access. Um I remember very clearly we had a program in place. the numbers

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were put placed on the uh cement concrete the week of Christmas and we paid extra to put those numbers down. I remember clearly going out to the beach access and asking

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the PE our city people why were they putting those numbers down. It hadn't been finalized. They told me it was. We were just waiting for a phone. It's late. It's all taken care of.

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>> Miss Visomin, I don't think we've exper this is on us. I think our volume might be a little >> my time then. >> We absolutely will. Maybe back up a little bit. That's not your fault. I It seems very receptive to that. >> They can never hear me. So, I'm trying to >> Yeah, it's overorrected now. I think we

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got a little high. Thank So, um, >> from my my recollection was the meters were purchased. They were placed in a warehouse.

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Mr. Morgan passed away. Someone else was placed in his spot, not elected, placed in his spot as we had to do this year. So, we had a non-elected

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person voting on something that our council already voted for and we lost all the money of those meters. We lost all the money that we paid our

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employees over a holiday pay. And now here we are again talking about let's put in the meters. The meters do generate money. A lot of things generate money.

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Who how are we going to pay for these? If you're a resident and you don't pay taxes cuz you're a renter and you don't pay taxes, your landlord does. and they can't come in and ask you for more money because now

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we're getting have to pay to be a a go park. So, there's a lot of issues that have to be discussed before this goes out and say this is what we're going to do to save money. If we're

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really going to save money, let's get it done. Let's not put the machines in the warehouse and we paid for the warehouse and then we sold these machines for I can't even tell you how much on a dollar

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you know I just I the idea I agree that we should have something every other town IRV across America has paid parking we have an awful lot of people that don't live in our community and use

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those parking spaces, okay? And when they back up into your cars and they back up into your property, the city's not responsible, that goes on my car insurance. So, I really want you to think long and

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hard about this. We've already done this once. You're also supposed to get a parking garage. Maybe that's an answer. >> Thank you. Any other cards or anyone who intends to

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speak during public participation? Seeing none, we'll go ahead and close public participation. Thank you for your comments and participating here. Now at item seven, which are managers matters.

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Mr. your city manager. >> Thank you, mayor. Thank you, council. Uh the first item under manager managers manager matters is facilities updates and John Mayberry I've asked to come uh to the podium to discuss. We're going to go a little bit out of order. Um I'll

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start with the remote server. This is some equipment that we've had installed out of state and uh it is part of our uh compliance with cyber security standards and we'll be talking about those standards later on in the meeting. Um and then we'll save the San Piper Park

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um item for last. John, go ahead. >> I don't think so. >> There's been an adjustment made, so try it. >> Okay. All right. Uh good evening, Mr. Mayor, Council. Uh begin with Nancy Hansen, uh Recreation Complex. Uh we're still in a holding pattern waiting to go

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out for bid on that one. Uh so no real update there. Uh Manatee Sanctuary Park, the lighting that is next on our list. Our maintenance uh crew has been working on the San Piper Park project and once we get clear there, we will coordinate

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with the infrastructure maintenance guys. Uh they're going to work with us or we're going to work with them on getting that project accomplished. So that's we're waiting to get clear of Sam Piper to start that one. >> Thank you, John. And as far as the uh San Piper part goes, there there is a

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delay in the installation of that equipment, it's the same delay that we experienced last month. Uh the way that one of the apparatus was seated into the ground is too high uh to be utilized. And so there has to be an adjustment to the surface that will be underneath that

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apparatus. so that it's safe for the kids to play on. Uh so that is the hold up there. The materials have been stored there overnight for for some time now. Um and John, what else do you have on that project? >> Um I saw that I believe you guys were

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all copied on the emails that went out about the uh materials that are being used. Misinformation. Um, we're not using the what they're referring to as the uh chopped up used

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tires, the chunks that look like mulch. That's not what's being used at all. Um, what's referred to as crumbs is ground up. It's really, really fine and it's used as an infiller in the uh layers

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that they use for the pour and play. So, I don't know if you're familiar with pour and play, but it's a nice rubberized structures. Uh, instead of having the traditional mulch there, it's used everywhere in the United States. It's in all practically every park in

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Bvard County. Um, we've reached out to the company that manufactures the product and we've seen the data. There's if somebody was to get sick from being on that uh surface, it would absolutely

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be an anomaly. There's zero danger. It's less than one part in a million. Um but that's that's where we are. So, I'm addressing the flood of emails I've got in the last couple of days from citizens explaining what we're really using

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there. And as the city manager pointed out, we're just waiting for the uh correction to be made on the height on the one piece of equipment and then they'll resume construction on getting the >> pool and play down.

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>> Mr. Mayor, may I ask a question? Um, do you have a uh a data sheet on the materials that will be used on the playground? >> Yes, ma'am. >> Can we get a Okay, good. Thank you. We actually received that data sheet late this afternoon and we can forward

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it to all council members uh for your review. Um I'd also like to say that you know with misinformation obviously causes great emotion in the community unfounded emotion right I mean we we need to know what's real and what the truth is and so when people put misinformation out there about what

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their government is doing you know to create parks and play areas for their children uh certainly phones are going to ring and so forth. Um, I do want to say that we've been having issues with trespassing at this park. It is a construction zone or construction site.

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It is signed along the fencing. There's construction tape that has been uh placed around the apparatus. It is very clearly an area that is under construction. And yet, we continue to have people climb the fence and try to use the park and trespass even to make

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social media videos. So, uh, these are matters that, you know, we deal with with the sheriff's office. They have already been asked to keep an eye out on the park and make sure that there's no trespassing. We certainly haven't taken any actions against anybody that's there. Everyone's just been asked to leave. But we really just ask the

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community to please be patient. We understand that this is a popular park. Uh there is a setback in the installation of this equipment. That is not the fault of, if you will, the city of Cape Canaveral. It is an issue that we're dealing with the um the contractor with and uh they are working as fast as

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they can and they've given John and our team every assurance that it'll get done as soon as possible. Uh they know how important this is to us. So we're happy to take any questions or calls that anybody has, but I think uh again just going back on the misinformation on social media has really done this this

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community a disservice question. Yes. So, um, okay. I had a question about the contract completion date for the the park and if we had a date that was given

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by the contractor and are there any ramifications if they don't meet that date? Uh Molly has been in contact with the uh scheduler as to uh if there's any remedy for the holdups that we're having, but the dates have always been

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projected because of weather and humidity and different things that we're dealing with out there. It's hard for them to give a date certain. So they every time they've given us a date, it's been with like a week and a half, two week window. Um >> okay. And with the exception of these

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two, you know, mishaps with measuring, uh, we've actually made pretty good progress on it. So, but they're being overly cautious in making sure that everything is safe, the fall heights from the equipment, if a child was to

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fall, that it's within the prescribed uh area, that they shouldn't have any breaks or anything, you know, major damage to them. So, you know, in that respect, we're we're glad because we want them to be able to come out and use it and it be safe and be something they can enjoy. Um,

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>> and then, um, I have a question for our city attorney on that because, um, when I work projects and enterprise, it's totally different than municipal. So is it normal to have anticipated completion date on projects where the

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city can hold them accountable in some financial manner if they're not meeting that deadline or is it just unended and whenever they get it finished they get it finished. >> So normally there's a substantial completion date and a final completion date in the construction contract.

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>> Okay. and >> but I'm not I don't I don't have that agreement in front of me. Yeah. What the city has entered into with the contractor. >> Okay. I just wanted to make sure and understand. Okay. So, could we get those dates um

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Keith our city manager from >> certainly >> John just so that we know and can kind of watch that. I appreciate that y that y'all are doing your due diligence to get it done. you want it done as much as we do. But I think as we look at vendor

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selection going forward with all contracts and various things like that that we need to know what those terms are when they start slipping and measurement, you know, it's the old measure one twice and cut once, you know. So,

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thank thank you, Mayor Prom. If can draw council's attention to the screen, we've put the San Piper redevelopment project timeline for you to review and we could send this document to you and incorporate in the record tonight. Um John's here. He's happy to answer any questions, but you can see it started in

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October 25 with the various bullet items that occurred there. If you want to take a moment to peruse it, the clerk can, you know, raise it for you to to take a look at. again, we can pass this on to you um after the meeting so you have it for your files.

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>> So, our equipment is actually ordered in October 2025 and then we didn't get that until February. Is that normal for that long, John? >> We it was it was manufactured after we placed the orders. >> Okay. I wanted to just clarify that because that makes a difference. That

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makes >> sure >> that's a big gap. We we did we knew about the lead time when we entered into the contract negotiations >> and then um we waited for the delivery. It came in in uh February. I guess it

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actually >> Yes, ma'am. >> did come in. Can you scroll up a little bit, city clerk? So, we started the demolition. The new equipment came in in February and then the

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prep work for the site was done in March. So, what type of prep work were did we have to do as staff, John? >> We did the actual demolition. We tore out the old equipment and uh we had it

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hauled off by Waste Pro. >> Um and then we went in and cut out the new footprint as it was provided to us by the contractor. And then when there was uh the slowdown and then the stoppage of work, we actually pitched

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in, our guys did and helped. And when it it was completely stopped, that's when we shifted gears and we turned into installing a new water fountain. and our guys poured the concrete slabs and put the new park benches in place and they,

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you know, pitched in where they could if they had a chance to help those guys so we could get things picked up and rolling again. >> Okay. So, when have y'all gotten any indication of when they'll start work again now that they've done this reme-measuring because I see it was April and May where that vendor started

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>> that was that was on the original miscalculation dealing with a new miscalculation. Okay. >> Um, and no, ma'am, I as the city manager said, we just heard from them this afternoon. Um, we've got the safety data

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sheets on the material and um, I got an email from the, uh, controller scheduler. Okay. >> Um, that we are up at the top of their schedule. They've got engineers working to make sure um, that we're going to be

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safe when we do open the the park up. Okay, that sounds good. I'm just really interested in that completion date that's defined for contract. >> We'll keep an eye on that. Thank you, Mayor Pro Tim. And we we'll keep the attorney a breast of it as well. Uh and I want to apologize to the community and

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to the council. None of this information is in your backup packet because it was new and developing today. You know, we are very responsive to the community and we do monitor social media. We understand that it's an important vehicle for some folks to convey information. Um, but when misinformation

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is conveyed, we want to make sure that the truth gets out there. And we weighed the options of putting a public statement out in the wake of that information going out. And we just decided that it's probably best to bring it up here uh to your attention and to share with the community. And we will make sure that all of this that we

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presented to you this evening is incorporated in the record and you'll get copies of it in your emails. >> Thank you. >> Question. The request. Council member King. Was it an info sheet? Is that what you

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>> Yeah, a data sheet on the um supposed uh well >> materials and materials and the studies and this stuff is all I don't know if you're familiar with uh you deal with projects, but the benchmark is the proposition 65 in California that deals

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with humans uh involvement with chemicals and toxicity and this meets that standard well below the standard that they've set there. So, >> okay. >> Uh, I I'm very comfortable with what we're what we're doing there. >> I think if we have a data sheet, we can put that out there to the public and

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they can see for themselves that, you know, what we saw just recently um brought forward by one of our citizens was alarming. And if we can show that that's not what we're doing and here's what we are doing, I think that'll go a long way toward calming them.

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>> Yes, ma'am. And a lot of it is terminology. you hear the word see the word crumbs and then when you get into the the actual data sheets there's several different definitions for crumbs and they this applies to this and this situation and this and that and it it's

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a head scratcher you >> but is it going to be more confusing for the public to see a data sheet >> I don't ever want to assume anything about anybody's intelligence but I it's it's technical I will say it's technical Okay.

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>> There's a lot of acronyms. Uh >> well, you know, there there's such a thing as AI, and if they're curious about it, they can plug those technical terms in and learn a little bit about it themselves. >> Yeah. >> It's a lot. >> Yeah. Thank you, >> mayor. Yes, sir. >> So, for the council, the data sheet is

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it's actually manufacturers declaration, and we have it up on the screen for you. >> And you know, I don't you can go through the entire sheet now if you like. I've we've sent it to your emails. it will be incorporated in the record and we can certainly make it available. But this is

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what we're referring to. And as I do with citizens, all if any of you folks would like to come out and take a tour, you all know where I'm at over in the community center, come by. Go out and you can walk and see for yourself if you'd like.

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>> Well, we'll let them know that. >> Yes, ma'am. >> Thank you. >> Thanks. >> Thank you. Okay. So, city manager, are we >> that's that's it for facilities unless you have any questions. >> Any other questions for the uh 1A

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through D on the facilities? Was there anything on the sanctuary sanctuary? >> Yes, John did update that. We're working with the crew, the city crew. They've been spending all their time at uh San Piper Park and haven't been able to get free dub yet.

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Any other questions on facilities? See none. >> All right. Well, thank you. So, city personnel update, uh we did uh in the

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wake of some um restructuring with the city staff, we've also realigned some job descriptions and we've uh changed a couple positions. Community engagement manager has been changed a community events and engagement coordinator and this was made gone from a salaried

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position to an hourly position and we made an offer to an existing employee Brandon McCay who's already with our park department and uh he was excited to take that offer. So uh he is now fulfilling that role and he's still working out of his office at the Cape Center next door. uh records management

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specialist. We reclassified that to records management technician and we hired one and he's present this evening. His name's Tommy Lathro. Tommy, if you stand up so everybody can see real quick. Thank you. Tommy comes to >> Hi, Tommy. >> Yep. Tommy comes to us with a good amount of experience and we're excited

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to have him on the team. He actually started a week ago yesterday. Right. Right. Very good. Thank you, Tommy. An executive administrative assistant. This works directly under at my office and we've been uh taking applications. I think we're up to about maybe 30 now and

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uh we've been screening them, doing some telephone interviews and uh we're narrowing down the field uh to who we want to do actual one-on-one interviews with. So, we're making progress there. Uh part-time recer has been vacated uh and we're just holding off on that for now. And then our front desk peritting

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clerk is also on hold. So, um, that is your city personnel update, grants update. We've had some exciting interaction with Congressman Herodopoulos's office and his, uh, appropriations and grants team, and

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we've had a good meeting or two. We've gotten some good emails from them with some links to some grants to consider. Uh, this is one of those things that's going to be a work in progress. We're looking at not even uh, getting into the cycle until 2028, I believe. But our package needs to be getting in sooner

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than that. So when we have information to share with council about what we're seeking, we will make sure we bring it to the council so you are aware of it and that you approve it and we can incorporate it however we need to in our budget. Uh but that's that is some exciting news working with our US

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representative there. And uh item 74 is the city of Cape Canaveral emergency operations logo and I think we have a visual to show you on the screen. Uh, I want to commend our staff for putting this together, although one of them is

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no longer here. Abby Holmes, uh, I think she was the the main artist, right, Jack? Jack had a lot to do with it as well. But um the purpose of this uh logo is to clearly identify who our emergency

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operations staff are in the in the um not just our staff, who our emergency operations staff are in the wake of an emergency, but also to brand the information that we'll be sharing with the community. Um it's not just our normal city logo. It's an adaptation of

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and you can see it maintains the spirit of our city logo but clearly identifies itself as one affiliated with emergency operations and per Florida statute we need to get council's approval to adopt any adaptation of our city seal and city

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logo. Um, I can tell you that the staff put a lot of time and effort into designing it to make it look like uh it needed to for purposes of emergency operations and and really again it's the branding so that when people are looking for information, emergency uh information, they see that logo, they

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know that's what they're going to receive and and we think it will bode well for our community. So, any questions? Zach is here. He might answer if you have any. >> Um, I just want to say what a great job this logo being done in house. It's a

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logos are not um cheap items. They're they get expensive. Graphic art can be expensive. >> And I really like it. Um is it appropriate first to make the motion to accept this at this point in the agenda?

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>> Yes. >> Okay. Well, I'll make a motion to accept this for our >> and I'll second that. >> Okay. Got a motion by Mayor Pro Tim Jackson, a second by Council Member

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King. Any discussion? My comments are looks amazing. Great job. >> Thank you, council. >> Any further discussion? >> Seeing none, city clerk, >> mayor prom Jackson, >> four. >> Council member Kim, >> four. Mayor Morrison, >> four.

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>> Council member Shiaak, >> four. >> And council member Willis, >> four. >> Thank you again, council and Jack. Please thank Abby for us. She did a great job. Uh and I think the uh final item under manager managers is a cyber

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security session and if you recall uh it was in the fall of 2024 the city agreed to adopt uh national information security standards when it comes to our cyber security and uh we said at that time that uh you know we would bring back updates. Uh this is confidential

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information. So uh we were just bringing it to the council's attention that your staff is ready to have a cyber security meeting with you uh in the shade I think is how we refer to that. Um you know you can propose some dates to meet with that or we can come back to you next agenda

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uh to uh solidify a date for you. But we we're ready to bring some current information however you'd like to proceed. What was the due date for us having you know the requirement to fulfill this >> right? So the only due date was in

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reference to when we had we said we would adopt them and then once you adopt them then you have to make gradual progress toward that so that you are the elected body. We want to share with you that gradual progress but there is no deadline to say when you have to be in ultimate compliance. The only deadline

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was is when you had to say you would try and work towards achieving compliance. >> Okay. >> And that's what you did during the last meeting. You you agreed to do it. >> Okay. >> It's not an action item tonight. So, um if you want, we'll bring it back as a as an action item and we'll bring you some

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dates for consideration. Um >> I think we can set the date to save a step. City attorney. appropriate to schedule a meeting during the council meeting. We're not taking action just to for the purposes of scheduling. >> The council can schedule a meeting.

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Sure. >> I think that would save us. >> Okay. >> And I I would suggest since we are looking at potentially having some other um non you know our nonregular council meetings that we might line it up on

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that day. >> Yeah. because this meeting should not and and Mike might be able to give us a little more information on this, but it should not take us a great amount of time to to do it. >> Yeah, we can might even meet in advance

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of a council meeting. Uh 30 minutes. Mike, I don't know how much time you think we'll need to update the council. 30 minutes to an hour. >> Optimistic here thinking Mike's going to disclose anything. Sir, we will have to get >> you know the line. >> I do.

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>> Uh so tonight um I believe we can do this in presentation in well under 30 minutes. It's an update to show you um a timeline of what we've accomplished since we adopted the uh the standard and just the things we've done along the way. And also while we're in there, we'll point out some upgrades and some

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neat stuff that we've done within our network and architecture as well. I'd recommend minimum of an hour, maybe no more than an hour, I should say. I think you might have questions. >> Uh, and uh, council starts at 6, maybe if you want to be in at 5.

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>> I like a little buffer if it's going to be an hour. >> Yeah. >> 4:30. >> Okay. >> Yeah, that's 4:30. >> So 4:30 in advance of our next council meeting. >> I see our city clerk's office. >> We have a CRA scheduled.

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>> Okay. for that next council. So it can be the one after then >> or you just earlier >> or earlier >> to spend the day here is bringing dinner. >> I'm in That's a good point. I'm

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indifferent. Um if it's not urgent due July. >> Yeah, it is not urgent. >> Are we planning any workshops? We will be planning a workshop on the agenda if you want to schedule one for later this

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month. But this item again is not urgent. You can do it in July if you want in advance of that meeting. But July last year, we were very heavily involved with budget. Even

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though we were having budget meetings, we still had discussions and our, you know, that season was really busy. So, do we want to push that that far? >> Maybe the sooner the better.

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>> The most convenient sooner time we can. >> Well, if the CRA is at 5 and we want to buffer there, we're thinking 3:30 at this point. 3:30 to 4:30. I mean that's council member Willis asked who is

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bringing lunch or dinner for all >> I have no problem with the earlier day that day >> I'm fine with it as well and to count me for Tim Jackson's point

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budget we know that time of year it kind of consumes Yeah. So, the sooner the better. Let's just do it and get it out of the way. >> Yeah. We already have to be here at 5. We're going to be getting ready early to do that. So, >> exactly.

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>> The date of the next meeting, third Tuesday. What is that now? >> 16th June. >> So, we're thinking 3:30 on the 16th to 4:30 potentially. Mhm. >> With this. That's the first meeting. The

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second meeting on that same day would be from 5 to I guess six and and or at least we need to be stopped by six because our council meeting will be the third one that day. Council, do we have any issue with that? A close session security meeting at

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3:30, a CRA meeting at 5:00, and a regular city council meeting at 6. I don't mind. It works for me. >> Works for me. No rush. Council member Shy, I can see you checking your calendar. I'm >> fine, too. >> You're good?

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>> Yep. >> Okay. Well, how about a motion? >> I'll make a motion we schedule a cyber security meeting for Tuesday, June 16th at 3:30. >> I'll second that. Got a motion by council member Willis and a second by

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Mayor Burke Tim Jackson to schedule a closed cyber security meeting on June 16th at 3:30 p.m. Any further discussion? Seeing none, city clerk,

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>> Mayor Poten Jackson, >> four. >> Council member King, >> four. >> Mayor Morrison, >> four. >> Council member Shiaak, >> four. and council member >> four. All right, meeting is scheduled.

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Thank you. Thank you, mayor. That concludes manager's matters. That is great. Okay, so that takes us through uh items 71 through 75. Schedule two meetings

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out of that. And we are now at item number eight, which is our consent agenda. We have 8.1 which is to approve or correct the following minutes. We have March 17, 2026 city council regular meeting and the April 21st, 2026 city council

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regular meeting minutes. Are there any issues or amendments or changes to those minutes? If not, looking for a motion to approve as written. >> Make a motion to approve the consent

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agenda as written. >> Second. >> I got a motion by council member Willis, second by council member Shriak. Approve item 8.1. Any further discussion? Seeing none, city clerk, >> mayor prom Jackson, >> four.

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>> Council member King, >> four. Mayor Morrison, >> four. Council member Sharak >> four >> and council member Willis >> four. >> Okay. Consent agenda item 8.1 consisting of the March 17th and April 21st, 2026 minutes are approved. 50 by the council.

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Takes us now on to uh our list of items for action. Tonight we've got uh six items for action. The the first item is 9.1 which is the bid protest 2020601 Filillmore Avenue reconstruction a response and award.

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City manager. Uh thank you mayor. So, this is a motion uh to consider the city manager's written decision sustaining the bid protest filed by Massie General Contractor Incor Incorporated regarding bid number 2026-1 and to approve that recommendation to

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resend the prior council award dated April 21st and award that contract to Massie uh general um contractor incorporated. Uh this was a process that the city went through during the months of March and April uh to which Massie general contractor um incorporated

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protested the award and we subsequently sustain that protest and uh representative from Massie General Contractors in the audience today. Uh we recommend again that the the council accept the decision to sustain that bid protest, award the contract to Massie

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general and resend it to uh Gibbs and Register. Thank you, city. >> Thank you, city manager. Council, are there any questions for city staff at this time before entertaining a motion? >> I have a question. Mayor, is this item

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number 9.3? >> 9.1. >> 9.1. >> Yes. >> Okay. >> My mistake. Thank you. >> That's okay. As the city manager said on the agenda cover sheet, the motion uh is is

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written out there and city manager recommends the city council to take the following action. So the motion checking with our city attorney would be in line that the to accept the city manager's written decision

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sustaining the bid protest filed by Massie general contractor regarding bid number 202601 and then we continue to appro all in one motion approve the recommendation to resend the prior council award dated 20 April 21st 2026 and award the contract

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to Massie general contractor reading that entire recommended action is the appropriate motion. >> Yes. >> Okay. C. That's helpful. Thank you. Council, if there's no questions uh at this time, we can do a motion and discuss after the motion further.

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>> I'll make a motion that we accept the city manager's recommendation. >> I'll second that. Got a motion by Mayor Pro Tim Jackson and a second by council member King to accept the city manager's recommendation as written and read.

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Any further discussion at this time? I really want to discuss this. Do I mean how much information do you want to get into this? cuz you know I'm I want to make sure that our existing engineer

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that was the engineer on this project provides the information that we need during the process because I feel like some of that was not provided. Um, I put a lot of trust in that engineer and then there was questions about the projects

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that they were giving as recommendation. And so I would love to see some improvement in this process um when we go out to bid with an engineer at making recommendations for us as council including vetting um some

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of the projects and ensuring that there aren't any kind of legal issues. um ensuring that the recommendations that are being put in place are sound recommendations because we're relying upon all of this information as council.

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And if and truly if we are going to have to look at it to that level depth of of the project then we can't bring it to council in you know give it to us on a Wednesday and have us research it in a

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week. That's not going to happen. So, I want safeguards in place that the information I'm receiving is valid and a sound recommendation both with the projects that were listed

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by the engineer and also with any uh legal um highlights that we may need. I think it would be uh as far as procedure, you know, we have this in

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front of us and those areas that you you outlined to um address moving forward. We could we should absolutely especially if we are going to continue presidential streets. This is one of 17. I think we could get

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in front of the if if the council decides to move forward and maybe do a run through of those procedures and get on the same page so that we can I think address those concerns. Council member Willis, >> after discussions with city manager, I

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believe that's already underway. >> That's great. And and that's wonderful. Um there are a couple of things I mean that I had asked him in regards to the engineer and you

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know things about code and statutes and that type of thing. And when you're an engineer and you're selling to many different municipalities, every municipality's code can be different based on what they have

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legislatively enacted. And we need to make sure that those safeguards are put into place where we know they're looking at our code and make when they make a recommendation to us. Otherwise, why are

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we even paying an engineer or at least that's how I feel? Um, and it it doesn't make me feel good about decisions when I don't have the proper information. And I feel like at this point I didn't have the proper

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information. So, um I look forward to what you have, city manager, as far as um actions that we can take to ensure that we're not in this position again. Um and what we need to do to ensure that

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code and statute and all of these things are, you know, embraced during the process. um so that we will have sound information for every decision and especially going forward with these presidential streets because they're not

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cheap. >> Yes, they're ready. >> That's all I have. >> Okay, so we got a uh a motion and a second on the floor. We're under discussion. Thank you, Mayor Prom Jackson. I think that's more moving

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forward and and taking this opportunity today to recognize that. Um I think uh we will we will stay in front of it. Um is there any further discussion on the motion?

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Seeing none. Just wanted to make sure Mayor Bergam Jackson I didn't want to rush you. Was there anything else? >> Um, no. But I'm going to say this one thing and then I and then then it will be my

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answer will be no. This will be my last statement. >> Sure. >> Um, when we looked at this package for the Filillmore Avenue, the design package, the bid package and construction services were $298,000. So, it's very important to me as someone

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that's one of five of this council where we're wanting to ensure that our citizens money is being handled correctly, that we get the services from every vendor that we are contracting

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for. So, I'm I'm a little punchy about that tonight. Um, so now that will be my last statement, Mayor. No. Yes. Contract administration is important and the modern city uses it more than ever. Um,

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so no, that's excellent. Thank you. Hearing no more comments or discussion on the item. City clerk, please call the role. >> Mayor Prom Jackson, >> four. >> Council member King, >> four. >> Mayor Morrison, >> four. >> Council member Shiaak, >> four.

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>> And council member Willis, >> four. Let the record show item 9.1, the bid protest 202601 Filillmore Avenue reconstruction response and award stated in the motion adopted 50. >> Thank you.

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>> So, mayor, we do have a representative from Massie General Contractor if she'd like to offer her the opportunity. >> Absolutely. >> Yes, sir. Thank you. Yes. Welcome. >> Yes. Hi, good evening, council members. Uh, Leticia Massie Ferrer, Massie, general contractor. just want to thank you for the opportunity to allow us to

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show you our work and um we look forward to working with the city and uh we'll show you the great contractor that we are. >> Thank you. >> Thank you. >> Oh boy. Oh boy. All right, council. We are going on to item 9.2

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which is storm water master plan. the proposed motion to consider the approval of the updated storm water master plan as prepared by applied ecology incorporated city manager. >> Thank you, mayor. So in 20 in 2003 the city established a storm water utility

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to fund storm water projects and in 2016 uh the city uh prepared um a storm water master plan through the um help of um Allen Engineering Incorporated to develop a strategy for improving the management and treatment of storm water.

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Uh we have now updated that plan with the assistance of applied ecology and we have Tim Carile and a representative from applied ecology here today. uh and uh Laura Gandandy if she'd like to come forward. Whoever is going to answer questions, if you have any.

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The um action that we're recommending the council to take is to approve the updated stormwater master plan. >> Thank you. >> Hello. Welcome, Mr. Mayor. Council members,

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thank you. >> Do you want me to say anything? Does the council have any members or any questions or anything like that? >> I I think u we we obviously have the uh the updated plan here in front of us. Thank you. So, um a little bit of

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background on stormwater master plans. Really that the premise behind this is driven by um something called basin management action plans that are implemented by the the Florida Department of Environmental Protection. I don't know how familiar the council is with those. Basically

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they're developed for any impaired water bodies which are perfect example is the Banana River Lagoon which the state has deemed as impaired for nutrients which are nitrogen and phosphorin phosphorus. So each of the the governing entities that have adjacent properties that

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contribute runoff or any pollutant loads to the water bodies um are assigned um a a total reduction a reduction of nitrogen and phosphorus. Obviously, city of Cape Cape Canaveral is one of those and the stormwater master plan really is

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trying to assist the city in identifying projects. Um, part of the benefit of the city having a stormwater master plan is in pursuit of grants. If there's any water quality grants that the city would like to pursue, one of the major questions that the granting agencies ask

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is, is it a CIP project? when you have a stormwater master plan that's been adopted by the council, that's that is the avenue that says yes, the council has already approved this that we're we're ready to move forward with this project. Um,

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so with these types of projects, um, it will it will also assist in, you know, water quality improvements. Obviously, that's been a major issue here since 2011. We had a major algae bloom. Then 2016, I don't know if if any of you all

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were here at the time, we had the major fish kill in the Banana River. Um, so really this this project or this project plan is intended to outline projects that give the city the best bang for their buck in terms of cost per pound of nutrient reduction. So, I'm happy to

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answer any questions you may have about it. >> I have some questions. >> Yes, Mayor Tim Jackson. Um, thank you so much for the work on this. I found this absolutely um, fascinating as I went through it. Drove

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our capital improvements projects director a little bit insane in his office there, Tim. Um, spent the afternoon with him discussing it. When you look at page for council's benefit, when you look at page eight of this

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diagram, which is the um the figure 2 drainage subbasin for the IRL within the city of Cape Canaveral, one thing that I found interesting and um our uh our capital improvements project director

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told me that the pond up at the north end of town, the northeast end of town, that there are storm water features built into that area. However, as you go down the beach, you'll see at the o the the beachfront and some of the

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oceanfront condos are not included in those basins. However, some of them do have drainage over into the the storm water management system. Then when you go down to the

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next um the next figure figure three that shows the spatial disconnect between the city uh provided drainage basins and the swill drainage basins. would you please um give us as council

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some information on what those the differences there and why we have this one um the the spatial disconnect between the swell and the the city provided basins. >> Yeah. So so just a little bit of

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background. So the the the city provided basins are the delineated basins that were provided by the city and I believe these were used in the 2014 plan. Correct. Okay. And I'm It's page nine. You're one more page down. Thank you, city clerk's office. >> Yep. Right there. There's two

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>> cl the mustard colored yellow is is really the the old basins and the swill basins that is the model basins that the state has used to identify the loading associated with the BMAP contributions.

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So these these came straight from the um the swill model. Um, this is probably something that the city needs to work with the state on to uh to adjust the the eastern most delineations of the swirl model. I can't say for certain

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that the state is going to say yes, you're right. We'll go ahead and move the basin or the the basin boundaries to the east, but um I I think that's something that needs to happen. The the city's going to need to coordinate with the state on how these boundaries are delineated here. Thank you so much for

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that. I as I've gone through this, I've have a couple of questions. That was one of them. Um, >> and just so council and everyone knows that I was really impressed with a document that Tim worked very diligently

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on that identified all the swells in our city on private property as well as city swells so that we know where water is collecting. And that becomes a big thing if you're looking at trying to control flooding. If you don't know where those swells are, you don't know where you

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might have problems if they overflow. Um, also if they're not maintained. So that's one thing. Then when you go down, um, let me get to the next one. It is we're past page 10 and we're going down and taking a look at some of the charts

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that you have in here. Um, when you look at appendix B, which is on page 12, you notice the B2A area is where the nutrient loading is the biggest problem. And and when you look at that area, that

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is our R1 area. The majority of it is a residential one zone. Um, there are some that are residential 2, but it's not necessarily highdensity properties. It's more residential when you look at it on

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the map. And so those um I worked with our city um well I'm just going to say Tim, I'm sorry Tim, I'm not formal enough. Um to identify where these flow out and they do flow out to the Banana

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River um you know past the Canaveral Ditch and that sort of thing. But as you can see, we have a a large area that that nutrient loading is really, really heavy. And as we look at what our

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projections are for where we need to be in 2035, you know, whatever improvements we can make in that area of red and those areas that are listed as concern areas are important to me if we're looking at

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really wanting to clean up the lagoon. And so when you go down and look, it identifies um actually B2A, B2B, B2C, and B4B as problem um areas. As you look

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through your documentation, this is on page 13. Um it starts going down and you see where some of the nutrient loading is um in those red areas. So, but when

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you see the charts, there's some existing charts down here. If I haven't missed it yet, um that gives us nope, I might have gone too far. Just one moment. Let me look. Um that gives us those zones that are the heaviest. And

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that B2 A zone that we discussed prior was where the a huge amount of nutrients are coming out. There's a chart in here that G gave us that information. So, as we look at that area, that's also the area

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that has the least opportunity to do anything to it as far because it's private property. >> Yeah. And and that's not uncommon to see that where the highest loading is typically your most developed area. That's not uncommon. where you have the

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most impervious surface is always tied to where there's there's the most development, most residential, most commercial, so on and so forth. So that's not uncommon. And so when you go down and look at the page 23, you'll see another figure, figure 12 that defines

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some of the BMP locations uh that they've investigated for looking at um you know, things that can be done. Mhm. >> And so there's a lot of detail in this and I highly recommend um taking some time to go through it. I

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really spent a lot of time on it. I drove uh first I was driving our city manager crazy over it and then he got me to an expert and then I drove him crazy a bit on it. Um, but I think that as we look at

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attacking storm water, looking at at attacking how we handle our nutrients and cleanup of what is expected of for the projected dates within this that if we aren't looking at all of these things

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and trying to be very creative on what we can do in that red zone, we're going to really be spinning our wheels. >> So, yeah. And having said all of that, >> will you please expound on that? >> Yeah. So, so the the other thing that I

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I would just like to add here is, you know, the state has set forth milestones for each of the entities. You know, they had the 2025 milestones, which I believe it was 30% of the total. Then they have a 2030 and then they have a 2035 is where everyone's supposed to be done. They're supposed to hit all their their

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nutrient reduction loads by 2035. do want to point out that the city has achieved they've exceeded the 2025 milestones. Not a lot of local governments have done that. Um, it's no small undertaking to implement

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successful storm water projects. And as anyone who's involved in any kind of capital improvement projects related to storm, well, I shouldn't say just related to storm water cuz all construction is ridiculously expensive right now, but the types of storm water

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projects that you have to build now to really garner significant load reduction value, they're really expensive. So planning now for the next eight years is critically important because just like you were talking about the residential streets projects are they're

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ridiculously expensive. Uh you know these these green stormwater infrastructure projects which is essentially what you you really have to implement. They cost a lot of money and they take a while to plan. There's a lot of engineering design coordination and permitting along with you know the the

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construction component. So >> and that is another thing. Thank you so much for saying that because I have a note further down in this discussion that I had. >> We have really accomplished a lot on storm water and it shows in this there

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is actually a section and I'm scrolling through it looking for it now that gives the list of projects and the accomplishments that the city has had. Um, but until the water's clean and the nutrients are balanced and we've got that all taken care of, we have is

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something we have to keep working on. And this and we do have requirements that are coming up that are projected. >> Yep. >> Thank you, Mr. Mayor. >> I have a question. Mayor, Mr. Mayor, Mayor, >> Council Member Willis, I think was >> Oh, I'm sorry.

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>> No, that's okay. Absolutely. Go ahead. >> Next, I'll jump over there. >> Thank you for the report. Um, I understand you were hired to study Cape Canaveral. >> Mhm. >> What is the impact of the county properties adjacent to us?

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Uninccorporated areas that are adjacent to some of these high impact nutrient levels. How is that affecting us? Are we are we having to deal with with that? Are they having to come up with the same

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requirements that we are? So there's there's two parts to that answer there. So the answer is are they impacting you? The answer is yes. Anyone who is an entity that contributes to the Banana River is impacting everyone else who is a contributing entity. Cape Canaveral, Cocoa Beach, Indian Harbor Beach,

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Satellite Beach, uh the Cape, you know, the Air Force Station unincorporated Bvard Bard County does have an allocation that they are required a load reduction allocation they're required to meet at within the Banana River. Um, I

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don't know exactly how the state identifies that. I I believe they they they identify it through the swill modeling um for the unincorporated county properties that contribute loading to the Banana River. >> Well, if you look at any one of your charts, you'll see a cutout

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>> Avon by the Sea, which is between our southernmost area along the Banana River and the beach. >> Mhm. are they going to have a similar report to show their nutrient load? So b

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so the way the swill modeling works and the way that the bmap development has worked there is there's a basinwide um swill model where there's all these different very similar to the basins you see within the city of Cape Canaveral. There's basins delineated adjacent to

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and all throughout the the Banana River Lagoon system. So, the short answer to that is yes, that the county does have um a requirement to reduce loads. Does that mean they're going to implement projects right next to Cape Canaveral? I

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don't know. Um Bvard County has their own storm water master plan. >> So, whether that incorporates, you know, >> right down the road from you, I I don't really know. It it really depends. And typically the way entities will approach these is everyone's looking for the best

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bang for their buck. So the, you know, whoever can the cheapest project with the most pounds of nitrogen and phosphorus removed is what everyone wants to achieve or is really what everyone's looking for, >> right? Well, I'm looking at is there any way the county can help us in a certain

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area of the city if they're nutrients are flowing through our city, we're having to deal with it on our western boundary. >> Yeah. I well I don't know without looking at the swirl model if if that is

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what the model shows. Um they they try to >> geographically delineate the boundaries so there's no uh oh well you know Bard County is dumping you know a,000 pounds a year of nitrogen into the city of Cape Canaveral system and that's the city's

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problem now. So >> well I don't want it to be the city's problem. >> Understood. >> Okay. And just in addition to what uh council member Willis was saying, page five gives the targeted uh reductions for those different

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component areas around us some of that. So they do have some responsibility as well. It'd be great to understand exactly what you were saying, Council Member Willis, whether things are being done in the on the other side of the river because, you know, you're not

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going to clean just what's lapping at our shore, you know, so it'd be nice to know that, >> Council Member King. >> Thank you. Um on uh page 25 you have this chart and it shows um the different

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project sites and how much um cost benefit yearly in terms of um pounds of I guess it's it's to filter and and percolate the water through. The last one on this chart is Buchanan and Orange vacant lot. It's right across the street

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from where I live. >> Mhm. >> And it's about to be developed. What happens when that's developed? that's going to take away all of that uh percolation and permeability. There are several town houses going in there and I'm sure that there's going to

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be a lot of uh concrete poured and I'm wondering how how will that affect us and what is being done to mitigate that? So that that particular site was chosen as an an empty parcel that is

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>> a potential prospect for this could be turned into a storm water treatment system. So if that lot is is being >> being developed at this point that that project is essentially off the table. >> Right. That was my question because when

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I saw it in here I thought hm that I know that the permits have been pulled for that already. So it's off the table. Yes. >> Yeah. >> And how will that affect everything else >> in your planning? In your planning of how to divert water, how to how to

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handle what because Orange Avenue and Buchanan sometimes floods. >> Mhm. >> What's that? >> Yeah. So, well, I mean, essentially that that project would come out of the list as a top priority from where we sit. So,

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um Tim, do you want to expand on that? So, as Walker said earlier, the city's always been very aggressive and proactive about storm water management, uh, total nitrogen and phosphorus removal. We've been very aggressive about it. We've also been aggressive about dealing with flooding issues.

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>> And I understand what you're saying about the Buchanan Orange. If a if a project comes off the list, if it's not able to be done anymore, if it ends up being on private property, which were the original BMAP ended up being a lot of parcels on a lot of areas on private

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property, >> uh we just kind of write them off, but we always look for new areas that we it might not be in this plan. This plan gives us a good out outlook on what we can expect to look for and in doing uh

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future projects. Um but for this typical area if it ends up and that's the problem that Cape Canaveral is seeing right now. We're seeing landlock. We're seeing where all these parcels of land are being bought up and and impervious areas are being put in those lots. M

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>> um so it's Walker's task was to try to find as many at the time as many empty lots as possible down from the treatment the beginning of the treatment train. Uh it's called a

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treatment train. I can go into I can get in depth but I don't want to um too much because I'll end up being here till midnight. I love storm water. So yeah, absolutely. Um, but you want to be close to the end of the treatment train. That way you're getting the TN and the TP

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taken care of. Like council member Prom K. Jackson was mentioning. That's when you start being able to uh do a little bit more um um TNTP reduction like taking it out before it goes out to the banana

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balloon. Um, in this case though, we would look for anything from underground storm water chambers to uh additional um areas, lots, anything that we can find. Um, I know I've had a conversation with a couple a couple council members here

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about some empty lots >> um that we that are very big potentials that could really um set us to that 2035 mark which I'm excited about because like I said we're very aggressive when it comes to storm water

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>> and uh I have to toot our horn as the city of Cape Canaveral um because we are actually above everybody in Bvard County when it comes to TNT reduction credits. So, um I'm very proud of the city and I'm very proud of what we've done. So,

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>> I think that answers my question. >> Okay. Sorry. I I I'm very passionate when it comes to >> All right. Thank you. >> Okay. Council member Shil member King, was there anything else at this time? Council member Shy.

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>> So, just a couple comments. the TNTP and thank you again. I think one thing that I noticed is when we look at the 2025, 2035 or 2025, 2030 and 2035, if I understand you, we have hit our 2025. We're obviously in 2026. We have not hit

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2030. We're working towards hitting 2030. And our numbers today, according to our capital projects director, are higher than from a I guess credit standpoint. As council member King pointed out, when one of those prospective sites comes off and it's going to be private development, that

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basically puts higher demand on the other properties, right? And so this total number, if I understand, that's said on page five for those 2025, 2030, and 2030, those are calculated and based. And so,

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Council Member King brought up when new development comes, >> that's a vacant lot. Does that change the total numbers or the demands for the area, does that increase or is that kind of a fixed number based on the sorrel?

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>> So, and when you say so, when it a new parcel is developed, let me make sure I'm I'm rephrasing this correctly because I I think I understand what you're asking. When We have the the Buchanan and Orange lot. >> It was it was pvious before it becomes developed. All of a sudden it's

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generating more runoff. >> Yes. >> So as far as the BMAP is concerned >> Mhm. >> when they update the model which they are rolling out, have they rolled out the new updates yet? The model updates? I don't think they've released them to the public. I know the modeling is done.

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>> Um >> that will change. >> Okay. >> Will it increase? Yes, it will. So the more impervious area that that you add to you you will typically see an increase in nitrogen and phosphorus reduction. Now in the in the case of the

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Buchanan and orange lot it's a quarter acre lot it's so small it its contribution will be very minimal but they look at it on a on a basin a more macro scale. So they start looking at pvious versus impervious and it changes over time. So yes it will increase the

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load. And do you know how many times they update the model? >> They are just getting ready to release a new model update. The modeling is complete. I don't think they've rolled it out to any of the the entities like any of the cities or you know BVAR

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County or anything like that. >> Okay. >> But yes, >> so these numbers on page five, those will all change. >> Those will likely change. That is correct. The one thing I noticed that 2025 we hit when we look at the the

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total nitrogen and total phosphorus TNTP for 2025 to 2030 it's almost doubles. It's a big, you know, we got a lot of work to do, but to go from 2030, that 5year increment, same amount, it it's >> it's a much more achievable goal. It's

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nominal increase. And so when we hit 2035, we're seems to be rough eye 80 90% of the way >> and so that last tail end is going to be is am I reading that correctly? Assuming there's no major changes. >> Yes.

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>> Okay. And then the last question is TNTP the as our mayor pro Tim uh Jackson's pointing out uh there's two maps where you see the red area on page 12 with the nitrogen in the B2A zone page 12 all red

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and then when I flip the page to page 13 why is total nitrogen such a smaller impact than total phosphorus. >> Um so it's really the the color coding. Um I I think what what you will

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typically see is >> and it it is tied to also the the amount of imperous area. >> The more impervious area the more significant the contribution of total phosphorus than total nitrogen. Okay. >> Um phosphorus typically finds its way to

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the river in particulate matter. So anything that runs off of an imperous surface, >> you know, little granules of sand, the phosphorus binds up in that, ends up in the storm water system, makes its way to the river. So that's why you see a more significant um red area for the for the

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total phosphorus. >> Okay, this is fantastic. Thank you so much. Is there any other questions at this time? >> I think we ought to have a class on this. >> Yes, you can spend a lot of time. >> Remember Tim will drive you crazy. >> Yeah, >> but her own proclaimer.

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>> I look fine. Our city manager looks okay. I don't think you'd >> I loved science up until the dissecting the frog thing that I paid my lab partner. Um I would like to make a motion to accept this storm water up uh plan update.

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>> Second. >> Got a motion by Mayor Perum Jackson and a second by council member Willis to accept this stormwater master plan update. Any further discussion council? Seeing none, city clerk, >> mayor prom Jackson, >> four.

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>> Council member King, four. Mayor Morrison, >> four. >> Council member Shoryak, >> four. >> And council member Willis, >> four. >> All right. >> Item 9.2 accepted 50, the stormwater master plan update. Thank you again. Really fascinating. >> Thank you all for the time. I appreciate

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>> appreciate you. >> Yeah, that's how I feel. So, okay, we are now on the 9.3 council. Let's just take a a quick break here. Say whenever we get back at 5 10 minutes, we're at 8:18 and so I think

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try to get back before 8:30 if possible. >> Yeah, we're doing good. So we'll come back and take up item 9.3, which means yeah, we got four more. So reconvene shortly. All righty, we'll uh reconvene the

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meeting. It is 8:34 p.m. Call the meeting back to order. We are now on item 9.3, which is the stormwater education and outreach interlocal agreement. >> Thank you, mayor. >> Yes, sir. Uh so um in 2011 the

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stormwater education and outreach program was created in our county to provide a consistent image messaging and branding for storm water education outreach and marketing while also meeting certain governmentmandated standards. And so we are a part of a

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consortium. Uh tonight's uh agenda item is to approve the fourth amendment of this agreement which allows for the rejoining of the city of Satellite Beach to this consortium. And this is a consortium that all of us pay money

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into. And again, the purpose for this is to provide uh outreach and education throughout the county. And we have Tim Carile on hand should you have any questions. Great council. Thank you, city manager. Any questions? I'll just say that it the

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proposed motion is to consider the approval of the fourth amendment. >> That's correct. >> To the existing interlocal agreement for storm water education and outreach with Bvard County and authorize city manager to execute the same. So, as city manager said, if we have any questions on the

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interlocal agreement for capital projects director Tim Carlo here and >> I have a question. Yes, Mayor Pro Tim Jackson. >> Um, thank you, Mr. Carlile. Okay, so we put in 6,000 into the group

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out of our storm water and this does outreach and training and that sort of thing. So, when a new city jumps in, do they put in any kind of initial investment since we we've been paying this, you know?

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>> Yeah. So the way this works and this is really cool is uh through the NPDES MS4 we have requirements to keep our uh storm water permit up to date. Within those elements we have storm water

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outreach as one of the elements. the county has gotten to all the cities together to kind of have everybody pitch in through a uh I guess one one of their uh sources for storm water outreach

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whether it be for adults or children uh Friday fest. Um, and then we kind of just kind of put money towards it and each quarter we either have a meeting or each bianually we have a meeting and at the end they give us a um they end up I

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think it's Spark Tide. I always forget their name. Lagoon Royal was the previous one. Um, for the last I think three years it changed over to Spark Tide. Um, nobody's the amounts don't change whether cities

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drop out or get back in. Um, it helps fulfill our MS4 permit. Um, it helps with our public outreach where we can't reach out to those uh entities. I I I'm not sure if that answered your question. I probably got off topic. >> That does answer your question

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>> because, you know, if we were if we've been paying for these things all along and they're just jumping in with no contribution. That's what what I was curious about how they transition someone into that role, right? >> So, they'll have their turn. Um, >> yeah, they'll have to end up paying the county. Well, it goes through the

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county. They just pay the county and then the county pays Spark Tide. Um, and then they sign an agreement. Um, I changed ours not too long ago and I might have to change again and bring it back uh next time we sign up a new agreement. Um, due to us losing the

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school, we did a lot of uh Spark Tide did a lot of things with the kids at school. Uh me and me and um Laura also have have actually gone to the school in person and put on a huge presentation for all the kids. Um but we will end up

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trying to find another way to be able to reach the public. >> Okay. Now I'm going to ask you and I'm not being a wisenheimer but I understood Lagoon Loyal and will you annunciate it sounds like you're

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saying Spark like for something. So please tell me the that name. >> It's Spark Tide T. Yeah, Spark Tide. >> Thank you. >> You're welcome. >> How did it come up?

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>> I have no clue. They were lagoon loyal for a long long time and I'm not sure if they merged with Spark Tide or Spark Tide, you know, was just a a better candidate. Um, but I tell you what, and it's very impressive. If you guys want at any time, um, I I

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would love to show you the reports they give us at the end of the year of what they've done for the city. Um, the public outreach, how many hours they put into it, how many, uh, participants uh, were there. It's a it's a beautiful report. Um, but if we're ever audited by

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the D with our storm water, which actually we're getting ready to be, we have that to give them and say this is where we've outreached in public and it it helps us. >> That's that is fantastic. It looks like Satellite Beach is the the amendment,

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right? Being adding them on. >> Yeah, I'm not sure why they weren't on there or if they backed out at any point in time, but we're just adding they're I should say they are just adding them back in. county is. So, they have to do an amendment on the original agreement

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>> and their portion is in here $4,618.35. Looks like it's kind of proportional to the size of each city. >> Sure. And how much they how much outreach they want. >> Okay. Uh the

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for our section it says if to Cape Canaveral such notice has our two city managers go former is that an administrative amendment that we should make to change it to our city manager Keith Touchberry that's David L.

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green. I guess it's going to arrive at Oh, I don't even think we have 105 Pulk Avenue anymore, but >> that's small. >> Is Is this one of the attachments or >> page four? >> Just an

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attachment. >> Oh, so that's been amended. Okay. All right. Any other questions on the interlocal agreement? Look, we are looking. We can discuss

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further the motion as written to approve it. The fourth amendment. >> I'll make the motion. >> I'll second. Got a motion by council member King, a second by council member Willis to approve the fourth amendment to the

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existing interlocal agreement for storm water education outreach with Bard County and authorize the city manager. That is the motion. Just >> that is the motion. Thank you. I'm sorry. >> No, we're good. Yes. >> Any further discussion at this time? >> None.

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>> Seeing none, city clerk, please call the role. Council member King, >> four, >> Mayor Prom Jackson, >> four, Mayor Morrison, >> four. >> Council member Shiaak, >> four, >> and council member Willis, >> four,

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>> record show 9.3 is approved 50 on the interlocal agreement as stated and written. Now moving on to item number 9.4, Beachend Paid parking program schedule vendor workshop. The proposed motion is

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to consider a date and time to hold a preferred workshop to discuss paid parking. City manager. >> Thank you, mayor. This item um has come before the council before several years ago about paid parking and this is not a repeat of that item. This is, you know,

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technology has advanced in such a way that we don't need oldfashioned parking meters, you know, buried into the ground. And so, uh, Tim Carile and Laura Gandandy have been the lead on this project. Uh, the purpose of this presentation is to go over with the

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council, uh, the work that we've done to, you know, sift through the number of parking enforcement systems that are out there and to make a recommendation on one system in particular. Um, they have a short presentation to give you. We have some data, local data to share with

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you and, uh, to just get some um, guidance from the council on having a workshop. so that you can hear from this vendor in particular and and invite the public to attend that workshop so they understand all the ins and outs of what it is that we are attempting to

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accomplish. And I think it's important to note before we get started that this does not happen overnight. We don't start charging people to park tomorrow. There's a process that we'll have to go through as a municipality. We first have to select a parking management vendor.

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We then have to uh educate the community on what it is we're going to do. We have to erect signs that indicate, you know, where the parking is and how you have to pay. Um we will issue notices to people so they understand there can be some registration that we'll do. We also most

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importantly have to promagate an ordinance which will take at least two months to do and we do not anticipate paid parking rolling out officially until sometime October 1st at the earliest. It's going to take us time as a city to get there. Uh so there's

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plenty of time to hear from the community. There's plenty of time for the community to speak up and listen and share information and weigh in on the matter. And with that, I'll ask uh Tim and Laura to take over. We do have a presentation if the clerk can uh put it

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up on the screen. So Laura has worked very hard on this. I'm going to let her take over the presentation, but I just want to give a real brief uh just update back in 2022 uh 2021 2022. Uh this was brought to my

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attention uh with the previous city manager at the time and I had dug really deep into all this. Um I I I had actually put a memo together. It was a two-page memo with the whole history of how everything went down uh back in the

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day when they bought all the meters. uh put them in a a where the back at uh public works um and then had to turn around at a last vote and sell them all back to the um um the the actual vendor. I'm not going to get into too much on

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the uh the amounts of money that I my jaw dropped on. Um but I tell you what, like uh city manager Keith Touchberry just touched on, um you know, electronics have come a long ways. Things have come a long ways. There's no need for infrastructure anymore. That's

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that's, you know, ungodly and big and bulky and there's no need for numbers on pavements anymore. Um, it's very simple with signage. Uh, so with that, I'm going to give it over to and I'm hoping when we do vote on a workshop, a lot of your questions can be answered, a lot of

442
02:11:26.400 --> 02:11:44.280
discussions can be had with the public as well as you guys. So, I'm really excited about this. Um, and uh, Laura, it's all yours. >> Thank you. Um, I'll just go through this pretty brief. Um, if you can

443
02:11:44.639 --> 02:12:01.599
is there a clicker or something? This. >> Thank you. Sorry, didn't first time doing a presentation up here. Okay. So, as Tim mentioned, um, previously, uh, the city has looked into the, um, paid parking at the beach ends. Um during

444
02:12:01.599 --> 02:12:19.040
that time it was um more of a traditional parking uh with meters and physical pay stations. Um since then like the city manager mentioned there's um the parking technology has advanced significant significantly um with more um of a modern approach

445
02:12:19.040 --> 02:12:36.400
with mobile payment, virtual payments, license plate based enforcement and lower maintenance operations um due to parking demand and resident access concerns. the opportunity to better manage public parking resources. Um staff decided to revisit it.

446
02:12:36.400 --> 02:12:51.599
Um as mentioned, we decided to um discuss paid parking again due to some resident concerns regarding parking availability, the increased demand during holidays, um launches and special events, and um the opportunity to create

447
02:12:51.599 --> 02:13:09.520
new revenue uh for the city. um BCSO did some parking data for us from the um time frame of August, March and April of um the 16 beach ends totaling 205 parking spaces and um it

448
02:13:09.520 --> 02:13:26.320
showed that there was a sign significant amount of out of state and um out of county registered um um parkers who came into town. there was only about 6% of actual uh Cape Canaveral registered.

449
02:13:26.320 --> 02:13:42.320
Um so we conduct uh conducted comprehensive um review of the available paid parking solutions um and identified several vendors that we looked at and we evaluated their platforms and um kind of

450
02:13:42.320 --> 02:13:59.679
went through what the city needs as far as you know the capabilities we were looking for equipment software enforcement um and we went through T2 systems passport park mobile, FlowBird, Honk Mobile, and these are some of the things

451
02:13:59.679 --> 02:14:15.040
that we were looking for, you know, mobile payment, pay by plate, back office management, real-time analytics, license plate recognition, um, collections, and we were really looking for a turnkey company.

452
02:14:15.040 --> 02:14:31.920
And that brings uh me to the T2 systems. They have a a they're the ones that would like to do the presentation. They're they have everything we were looking for in that previous chart and um they even offer uh collections as far as where you know DMV they'll get all

453
02:14:31.920 --> 02:14:48.560
into that with their workshop. But um we'd like to sorry this is a um this is a little uh spreadsheet they put together for us to um off they I believe they went off of Hollywood's um paid parking to give us

454
02:14:48.560 --> 02:15:05.079
an example of what the revenue we could possibly see in year 1 2 and three um if we were to charge 250 an hour. And these are the available dates we have for a workshop with T2 Systems.

455
02:15:05.199 --> 02:15:20.800
>> Thank you. >> Thank you. Yes, Council Member King. >> Thank you. Do we Do you have any uh figures on what neighboring Cocoa Beach is charging for their parking? >> I believe Tim did that research, but we don't have it here with us right now. Um

456
02:15:20.800 --> 02:15:38.880
we did reach out to um many of the uh other cities in Bvard >> um to kind of compare what they're charging and um what they've made you know yearly. So >> right I did I did note that um on Young Avenue in Cocoa Beach right by the pier

457
02:15:38.880 --> 02:15:53.760
>> um there is parking paid parking there and there was a sign that said $6 per hour >> right? >> I mean this is considerably lower than $6 per hour. So, um, where they did their, um, an their data, that previous

458
02:15:53.760 --> 02:16:10.800
chart for us. Thank you. Um, was for I think you I know it's Hollywood. I'm not sure if it's city, county, whatever. But they charge 250 an hour. They weren't sure and we are not sure yet exactly if we were to implement this what we would charge. So, he did a low a low basis for

459
02:16:10.800 --> 02:16:27.760
us >> um to see the minimum of kind of what we would make yearly based on our parking spaces. >> Okay. Thank you. Yeah, of course. >> Yep. >> If you guys um if you guys want if you

460
02:16:27.760 --> 02:16:45.120
can email me like any questions that you have about any of this that we might have, what I'll do is um during the workshop, we'll let T2 do their presentation. Um but I'll try to gather all the information that you're curious about. I know I've done a map through my map, my Google maps that shows every

461
02:16:45.120 --> 02:17:01.760
single pretty much every single city on the east coast in Bvard County that charges all the way from Play Linda all the way down to Melbourne Beach. Um, everybody the only person that doesn't charge at the beach now is Bvard County. Everybody else is on some kind of pay

462
02:17:01.760 --> 02:17:17.200
system. Um, so with that being said, I've I've done the the work of finding out how much are they, you know, charging. Uh, do they give yearly fee, uh, yearly passes, stuff like that. Um, so if you guys want to know any of that

463
02:17:17.200 --> 02:17:34.080
information, I have it at my hands and we can get it for you and have it for that workshop. >> I I I would I was just going to say >> a point of information. Let me just city attorney. >> Yes, sir. one that one of our resident citizens say point of information.

464
02:17:34.080 --> 02:17:52.399
What's the procedure for that if you don't mind? >> Um when staff's done with the presentation, you can entertain public input. >> Mr. Sadomi, it's a recommendation of city attorney once staff's finished if you would come up after. Yeah,

465
02:17:52.399 --> 02:18:08.319
>> it's a bit st that's in the middle of the presentation and you have public comment and you can offer it to the council afteration. No. >> Okay, I'll research that again. >> Okay, >> you will be heard. Thank you.

466
02:18:08.319 --> 02:18:26.240
>> Yes. >> Thank you. Um I'll just go back to the uh last slide. Um and this is the end of presentation. And this is just basically uh giving uh council um some dates to select from for this public workshop. We've got May 26th, May 27th, the 28th,

467
02:18:26.240 --> 02:18:47.120
29th, and June 9th, whichever works best for you guys. >> Thank you. >> Thank you, Laura. Um one quick question and and I know that's not what today is about. today with I understand is just YT2

468
02:18:47.120 --> 02:19:02.880
the chart with all the check boxes is my understanding of hey turnkey >> right >> service provider they checked literally a lot of the boxes if not all of them that we valued based on staff's presentation thank you so much for

469
02:19:02.880 --> 02:19:19.439
>> boy you see us trying to figure out dates up here so that that slide's very expedient the next slide with the numbers the financials I just got one question, >> right? >> Expenses in that second >> that year one is a one-time capital

470
02:19:19.439 --> 02:19:36.559
outlay for of roughly 24,000, right? And then in that same first year, I would imagine there's a 13,000. So, is it right to say that like year one would be 36 37,000? >> Yes. Yes. So, apologies because this

471
02:19:36.559 --> 02:19:52.560
>> um we had a meeting with them after this presentation was put together and we discussed this um expense report right here is based on three L2 or LPR. I'm

472
02:19:52.560 --> 02:20:09.760
probably saying them wrong. Um devices and we've decided that we only need one as a as a smaller city. So that brings the price down significantly. So the expenses year one was basically implementation and then the annual

473
02:20:09.760 --> 02:20:26.880
recurring expenses is going to be what's rec recurring annually. So our first, second, and third year will be the 13,000. But I believe with just the one um device now it's under 20,000 total for the three years.

474
02:20:26.880 --> 02:20:40.960
>> Correct. >> Just under 20,000. Y >> yeah. And then this is high level things change need same but I just wanted to understand that. So >> thank you. Are there any other questions of this staff presentation? If not I would like to go to the public and let

475
02:20:40.960 --> 02:20:58.160
Missy speak. Good. Thank you Laura. Thank you Tim. >> Miss Badamin point of information heard. Thank you. The come forward take your time. >> The point of information I'm requesting. We'll make sure we can if you don't mind

476
02:20:58.160 --> 02:21:14.319
missing the record park being with discussing the parking on our beachside streets, ocean front streets. Can we also address that we're parking on the wrong side of the street?

477
02:21:14.319 --> 02:21:30.399
Our parking should be We're coming down Lincoln Avenue. You should be parking on the right. >> Mhm. >> Not on the left. and it's on most of the streets in our city. I think it's incorrect.

478
02:21:30.399 --> 02:21:45.200
>> I >> So if somebody else wants to look it up, I've researched this a couple of times. I've discussed it many times. >> Being we're going to be looking at our improving our city. I think this might be something to

479
02:21:45.200 --> 02:22:01.760
improve it. Let's get the from in St. Augustine >> and we have this kind of parking and I'm driving down the street. I don't cut across to go on the other side. I park on the same side I'm driving down. >> Are you saying where the beach end

480
02:22:01.760 --> 02:22:17.359
parking is now? That it's >> Yeah, you're cutting across traffic. >> Okay, I see. >> You're supposed to park on the same side that you're driving, >> right? Well, how are they going to turn around?

481
02:22:17.359 --> 02:22:34.479
Oh, but they can turn around. >> Mhm. >> Another way. No, >> let's get the parking on the right side of the street. >> If we're fixing all of If we're fixing our city, making a more walk walkable,

482
02:22:34.479 --> 02:22:51.359
bikable city, can we get our parking right? >> Mhm. >> All right. Can we get our parking right? And then we need like a path to the where the beach crossover is. Okay. So, we're parking on the wrong side. Let's start with if we're going to

483
02:22:51.359 --> 02:23:06.319
put the meters in or not meters, excuse me. If we're going to pay for parking >> Mhm. >> let's get in on the right on the correct side of the street. That's all. That was my point of information. And we were doing this and we're going to have to do it again.

484
02:23:06.319 --> 02:23:23.760
Thank you. Mr. Carl, I see you writing over there. That's a I think a good question. And just to take it a step further is it is the time if there is any reconfiguration with this model if we're going to model it and look at it and see what the

485
02:23:23.760 --> 02:23:39.600
opportunity is is to get that right. And assuming there was changes, I think we'd have to factor that in as initial cost if there was restriping needed or anything. But hey, that is the time to

486
02:23:39.600 --> 02:24:02.640
do it. So, thank you very much. >> When I purchased my househ. >> Thank you. >> The record show Miss Visomin said that when she moved here in ' 89, it's Lincoln Avenue. The parking was on the

487
02:24:02.640 --> 02:24:20.560
left and now it's on the right. So, thank you. Just want to make sure we got it in the record. >> The opposite's on the on the left. It was on the right. >> She said it was >> Boy, we're tangled now. >> Yeah. >> Okay. Sorry, I misstated that. The

488
02:24:20.560 --> 02:24:38.880
opposite. >> So, what we have today is just introducing uh potential next steps. my comments here and following up with the presentation and our city manager and it really got to the one thing that

489
02:24:38.880 --> 02:24:56.160
happened in the past was a it was a procedural misstep right there's the two votes had not the first reading at some point either after before before the second and final reading a purchase was made and it should have been that's

490
02:24:56.160 --> 02:25:12.800
my understanding second and final reading that's history that purchase wasn't made. We heard our city manager talk about procedure and I think that's the way we're going to get in front of something like that happening again. >> Yes. >> And the the investment, the things that we would need to do, right, are a lot

491
02:25:12.800 --> 02:25:28.000
less significant for the technology improvements that we have today. >> Um recognizing Mr. We felt and uh he is not alone. We know that there are several residents in this community that share

492
02:25:28.000 --> 02:25:44.880
the way he feels and um I get it. I I I think if we do anything right, let's make sure we got procedure down that we can no matter what decision is we said no because we had strong public input

493
02:25:44.880 --> 02:26:01.680
and or we said yes after strong public input to map that out at a high level. It sounds like we're going to need at a minimum this workshop and we'll get I think to one of those dates. That's sort of an introductory

494
02:26:01.680 --> 02:26:19.520
meeting that would be open to the public. So, we'd want residents I think to to get here for that great opportunity. And I just want to do on a not that I'm desiring to move fast, but just for efficiency is if it was a everyone loved

495
02:26:19.520 --> 02:26:39.520
it. It was great. Idealistic here. Uh we're going to have because is it two readings? I guess from a a legislative side on our side the f it's an ordinance change.

496
02:26:39.520 --> 02:26:55.200
>> Yeah. For the um enactment of the um procedure and parking requirements it would require an ordinance. >> Okay. So again I'm not suggesting this July workshop right? Was it >> June?

497
02:26:55.200 --> 02:27:13.840
>> June June workshop July 1st reading the absolute fastest August 2nd reading. Is there anything else in there that would be needed? uh not not between not between the

498
02:27:13.840 --> 02:27:30.880
ordinance um process but before we roll it out we would do some things uh to make sure from community education >> okay >> and uh signage installation um policy implementation internally um again the biggest thing is outreach to

499
02:27:30.880 --> 02:27:46.800
the community how do we let them know about the paid parking of course um our statistics show that basically only 3% of the parking spaces are taken up by residents. 97% of the parking spaces are people who do not even live in Cape

500
02:27:46.800 --> 02:28:02.880
Canaveral. So, I don't know how we can reach out to them, >> but they'll find out when they come to our city if we enact this ordinance that they have to pay to park once they see the signage. And that would be my one statement for the workshop is while

501
02:28:02.880 --> 02:28:19.200
we'll get in the technical the capabilities the functionality the math rec all the the the financial side is it would be my request and I think council would agree is we've got a good understanding on that date of what

502
02:28:19.200 --> 02:28:34.800
the next steps are factoring the administrative needs and uh because that that'll that will create a lot of anxiety in the community if they don't they you know people think you're about to move forward but if they

503
02:28:34.800 --> 02:28:50.479
can say no we are five six months on the absolute fastest track possible way I think that'll that'll help us have a more meaningful conversation because it'll take over the the room and uh >> we we can even publish a timeline mayor

504
02:28:50.479 --> 02:29:06.720
once once we establish one we can make that public >> that would be the one thing I think we have a lot of control over and and kind of set the record. So, those are my comments. I've got several questions. Tim, I'll absolutely email you those

505
02:29:06.720 --> 02:29:22.960
those questions and those things uh for efficiency, but council, any other comments, questions? I think the task is to get a set a date. >> Can you put the dates back on the screen? >> Yes, >> Mr. Mayor. >> Yes. Council member Willis,

506
02:29:22.960 --> 02:29:37.200
>> I think with Monday being Memorial Day, we should move it >> June 9th, I think. >> Well, um, Tuesdays are difficult for me, but I I was thinking the first one, May 29th. >> What day is that on?

507
02:29:37.200 --> 02:30:04.160
>> It's a Thursday, I believe. Oh, >> Friday. >> Oh, a Friday. Yeah, it's afternoon, so Thursday or Friday, but I I just think Tuesday is going to be difficult for a lot of people with Memorial Day.

508
02:30:04.160 --> 02:30:24.160
>> Yeah. Yeah, that's uh and and I've got the 27th and the 29th available. The 9th is not >> I don't know yet. >> Okay, >> that's >> all right. That's a good way to approach

509
02:30:24.160 --> 02:30:40.160
it. So 27th and 29th and the 9th is unknown, but sounds like 27th and 29th for you. Council member Willis mentioned the 29th as well. Council member Shoryak, I think I heard the 9th out of you.

510
02:30:40.160 --> 02:30:55.040
>> The ninth would be better for me. >> Okay. >> And I think it also will give us more time to publicize it. >> There it is a benefit. because I mean otherwise we're only getting to the week >> and a holiday too in between so people won't be paying attention >> and

511
02:30:55.040 --> 02:31:11.439
>> well we would get started on publicizing now as soon as you vote tomorrow we can start publicizing. >> Yeah. when we have this meeting with um T2 Systems um I know this is going to be a workshop

512
02:31:11.439 --> 02:31:28.960
and that kind of thing but are we going to discuss some of the challenges that we've see in the area with the parking like you've addressed some of them tonight as far as we have a large number of people that are not from the county even that are parking here for free

513
02:31:28.960 --> 02:31:46.160
>> I know that I've seen on social media multiple times multiple times. Cocoa Beach residents sending people to Cape Canaveral. Oh, you can park for free in Cape Canaveral, go to the beach there, blah blah blah, which this is true. And

514
02:31:46.160 --> 02:32:02.160
they may be doing that to help alleviate some of the traffic in their area because they get a lot of cruise line traffic and that kind of thing. >> But we don't have the facilities for the people. We don't have restrooms. >> We don't have those things. Mhm.

515
02:32:02.160 --> 02:32:18.800
>> The beach parking was originally designed for our residents and that sort of thing. So, having it open-ended where no one pays um while other cities are sending us to them, >> you know, if we don't do something, we're going to end up having to put in restrooms and that kind of thing. You

516
02:32:18.800 --> 02:32:35.439
can't have the crowds that we see now. Mhm. >> But I was wondering, will we have an opportunity to discuss some of those challenges um in this workshop with T2 or will that be something separate where our citizens can come in >> and and let us know what the challenges

517
02:32:35.439 --> 02:32:52.319
are that they see so that we can hear what they're um seeing out there because they're the ones using these beaches. >> So yes, we can talk about anything that you want in the workshop. Um, I can't speak for what T2 would be able to answer or not. I can tell you that we

518
02:32:52.319 --> 02:33:09.520
can also start drafting some surveys to put those out to the community if council would would feel that was helpful. We'll have to carefully craft those questions. Um, we can also provide information on the adverse impact of local roadways when you have all the

519
02:33:09.520 --> 02:33:25.520
vehicles coming in outside of your community uh and the damage and erosion that occurs, oil and fluids, you know, going on the streets and so forth. Um, and and how we would have to maintain those things because we are a tourist community and where do we get the funds

520
02:33:25.520 --> 02:33:42.160
to maintain our infrastructure with that tourism draw? So, I think the sky's is the limit on whatever this council wants to talk about. I know there'll probably be some philosophical comments. You know, when this came up initially, uh, when when the council hired me, I heard from many residents or several, I should

521
02:33:42.160 --> 02:33:58.560
say, that, you know, it changes the feel of Cape Canaveral and, you know, you know, because we're charging people to come and and and I understand that in one regard so that we'll hear some philosophy from some folks, but I think at the end of the day, the city has to

522
02:33:58.560 --> 02:34:14.160
take care of itself >> and and um the council has to make that decision. Well, and I would like a discussion to be held with our citizens about the fact that in prior meetings where we've discussed this, we've

523
02:34:14.160 --> 02:34:29.520
discussed the fact we want our residents to have free parking. >> Yes. >> You know, so those things need to be brought out to our public so that they know that this isn't looking to limit access to people that work, live here,

524
02:34:29.520 --> 02:34:45.439
and you know that or are residents here. Um this is to control um you know traffic into our area because we have other cities pushing them towards us because they're charging. >> Mhm. >> And meanwhile we've got these open spots

525
02:34:45.439 --> 02:35:03.120
and then our residents are parking wherever and golf carts or whoever because they don't have spots when they go to this the end of the beaches to park. So you know and we don't have the facilities. The community was was designed with the fact that the beach

526
02:35:03.120 --> 02:35:19.920
accesses that we have, people would access them, go to the beach, and if you needed to use the facilities, you would go to your home because we are a residential community on the sea. So I think we have to look at those things and make sure that we have clearly

527
02:35:19.920 --> 02:35:36.399
defined it is my opinion. what it what say say you guys >> 100% and and I think even more things that that we'll we'll have to get over prior that's huge. I mean knowing cuz that's the first thing people are going

528
02:35:36.399 --> 02:35:52.880
to say, you know, is what is our intent here? Um as far as residents having to pay. Um >> I don't think that was ever an issue. I I my understanding was that if we went forward with something like this, the residents would not have to pay. All

529
02:35:52.880 --> 02:36:08.720
what they would have to do is prove that they are a resident here and and if there's a spot open, it's theirs and they don't have to pay for it. >> Right. Well, that I think I think to the mayor's point, that was that is the intent of all of this. >> Yes.

530
02:36:08.720 --> 02:36:25.359
>> Um that residents would never pay. >> Right. Right. >> And Right. I think one of the biggest issues, of course, we're getting way ahead of ourselves talking about some of this, but some of the biggest issues are just getting residents to register.

531
02:36:25.359 --> 02:36:40.319
That's that's going to be the biggest problem. >> And I think a lot of the residents are going to be coming from the uh west side of A1A because the ones who are already here, they already have their own property to park at. And

532
02:36:40.319 --> 02:36:58.560
>> well, I'm just throwing it out there. You're you're you're correct. I >> Yeah, >> my wife wants us to walk to the beach. >> Those cookies you're eating. >> Well, >> but I, you know, I think I think we need to pick a day and

533
02:36:58.560 --> 02:37:14.240
>> and I just there's going to be all kinds of things we're going to be at. >> Absolutely. >> It's it's just going to be >> Yeah. you know, cornucopia of ideas that are going to be expressed or desires or >> way the way they think it should be and

534
02:37:14.240 --> 02:37:31.280
uh we'll just have to >> sort through them. >> Um Mr. Mayor, I kind of like the idea of putting a survey out. >> I do too. I I think surveys um give people the opportunity to interact with us um with staff as they move forward

535
02:37:31.280 --> 02:37:49.520
with this as well as um counsel and that could end up identifying concerns that we're totally unaware of and that someone may not be able to make it to the workshop to give us. Yeah, I I think the workshop though I

536
02:37:49.520 --> 02:38:06.080
mean I don't I'd rather do it right and do it a little slow. Uh I mean perhaps the workshop we can decide we're going to learn a lot in that workshop and help shape the questions we want to ask the community. >> Um if there's a major issue in that

537
02:38:06.080 --> 02:38:20.800
workshop, I think we could, you know, you got 10 people in there. Well, what is the put that in um to a survey, but surveys are fantastic for the reasons you said and you can keep running

538
02:38:20.800 --> 02:38:42.080
surveys and uh I think the workshop is an opportunity to get to kind of lay out how we want to do this as opposed to looking at it as the decision before we

539
02:38:42.080 --> 02:39:00.960
go to an ordinance or anything. >> Um, if we could strike We got four, five potential dates here. Are we in agreement that the 26th is not >> I don't think

540
02:39:00.960 --> 02:39:18.800
>> ideal. Can we X that one off and shrink the list or is that one >> good for anyone? The only one's good for me is June 9th. >> Okay. I can dial in any. >> So, I got a little matrix here. I got June 9th for Council Member Shriak

541
02:39:18.800 --> 02:39:34.720
and and that's the only one. Well, that makes uh that's unknown for Mayor Pro Tim Jackson. June 9th works for me. Um >> I can make it. >> They all work. >> I'll make it work for me. >> Okay. >> You talking June 9th? >> Mhm.

542
02:39:34.720 --> 02:39:53.439
>> Yes. >> I I don't know yet if I can. It gets late in the day. I can >> after three o'clock >> for sure. >> After three. Okay. Well, that brings in um >> Yeah. Well, for public participation,

543
02:39:53.439 --> 02:40:09.200
too, like um is there an issue with moving the 100 p.m. back? >> Oh, this is this is T2's schedule, >> right? Those are the dates that T2 can make. >> Oh. Oh, but the time >> for the time,

544
02:40:09.200 --> 02:40:27.120
>> we'd have to confirm with them. Um, they have someone specifically who gives public presentations and we Laura, go ahead. >> Yes, I'm sorry. Um, when speaking with T2, they said that they left that day specifically open. I'm I don't see it being an issue. Um, that's up to you

545
02:40:27.120 --> 02:40:42.399
guys if you want to still can >> to, you know, >> so later in the day could potentially the 2our difference. I don't see that being an issue. So, >> okay. And I would would say too, there's another item on the agenda that we've

546
02:40:42.399 --> 02:40:57.520
talked uh on our 101 meetings about potentially workshopping as well on that same day. So, you know, keeping that in mind, if you're going to start at 3 with T2 and you and you want to hold that other workshop on that same day, uh then

547
02:40:57.520 --> 02:41:13.760
it would be continuing on after you're done with T2. That's the sec the cyber security. >> No, we were talking about the um item 96. >> Oh, we haven't got to it yet. >> Okay.

548
02:41:13.760 --> 02:41:29.600
>> Okay. Yeah. Um if if it helps. >> Mhm. >> Given it given >> I can make it on Tuesday. I I didn't realize that was a Tuesday. I'm clear for that day >> at 1 p.m. >> Yes.

549
02:41:29.600 --> 02:41:46.880
>> Okay. Well, given that much time ahead, I I can try to rearrange appointments. Okay. So, I think we hold the 100 p.m. >> Sure.

550
02:41:46.880 --> 02:42:04.000
>> Okay. And June 9th works. It sounds like we're all going to do our best. I mean when we get home and sort it out >> if we had a backup knowing potentially say that just fell apart for whatever reason so we don't you know

551
02:42:04.000 --> 02:42:19.920
>> I think I think we have to consider T2 now >> well I was saying May made May 29th I mean if if in the next 48 hours or day or two it's like I'm the 9th doesn't work you know can we get ahead of that and and say reserve date like we do with

552
02:42:19.920 --> 02:42:36.399
council meetings You know, it sounds like Council Member Shoryak couldn't make it work, but >> I can dial in. >> Okay. Does the May 29th potentially work as a backup? I think night's going to be fine. But >> what was the next date?

553
02:42:36.399 --> 02:42:56.160
>> The I just went the next one back May 29th as a backup in the event. >> That works for me. >> It's probably not going to be needed, but It's okay. Let's roll with the ninth.

554
02:42:56.160 --> 02:43:10.640
>> We'll figure it out. >> I can do either one. >> June 9th, 100 p.m. >> Let's If we want to go ahead and make a motion, we can lock that down and uh discuss anything else on this if needed, but at least get that solved.

555
02:43:10.640 --> 02:43:27.760
>> Make a motion to schedule a public workshop for the T2 systems presentation for June 9th, 1 p.m. >> Second. Got a motion by council member Willis, a second by council member Shoryak to schedule the public workshop on June 9th at 1 p.m. Any further

556
02:43:27.760 --> 02:43:44.240
discussion on the scheduling? >> Seeing none, city clerk, please call the role. >> Mayor Prom Jackson, >> four. Council member King, >> four. Mayor Morrison, >> four. >> Council member Sharia, >> four. >> And council member Willis, >> four.

557
02:43:44.240 --> 02:43:58.880
>> All right. Item 9.4, for the portion of scheduling the meeting past 5:0 on June 9th at 1 PM. Is there anything else on this city manager that that we need to clarify? I think our homework is get questions over so that

558
02:43:58.880 --> 02:44:14.479
we can have a productive workshop. >> Uh no, I think that's it for this item. >> And to recap, we talked about ideas of surveys, talked about uh ideally having a timeline and >> right. So, regarding the surveys, um I'm

559
02:44:14.479 --> 02:44:30.080
not sure how, um immediate you're going to want to see that kick off and then get results back. Is that something you're going to want us to do prior to the workshop so you have that information or just start doing it at some point so we can get input from the community as we move forward, say with

560
02:44:30.080 --> 02:44:49.920
the ordinance or things like that? >> I have a question. >> Council member King, >> thank you. Um, where are we going to be distributing this survey? Will it be on our weekly report? Will it be in social media?

561
02:44:49.920 --> 02:45:05.760
>> It'll be electronically. We can send it out to the weekly update and through our all all of our media. >> Okay. Okay. I don't think you're going to have a problem getting feedback quickly. >> Yeah. My thought would be that we would launch the survey right after the

562
02:45:05.760 --> 02:45:24.000
workshop and we get in there and we really try to figure out what are the questions. M >> there's value in doing it today. We would have it, but it'd be because if we put a a two week or a 30-day deadline on it, >> Mhm. >> say June 9th to, you know, July 9th, and

563
02:45:24.000 --> 02:45:42.160
we know they were the right questions. If that's what your gut is saying, let's do that >> because it's it's going to and we are we are going to as a council have to if if they launch a survey in the next couple days, we're all going to we're all going

564
02:45:42.160 --> 02:45:57.520
to feel that >> there'll be a firestorm. >> There's going to be a lot of miscommunication, misinformation. >> We're sort No, it's not that. And I think it'd be it'd be prudent to do it. the the survey is brilliant. Um to do it

565
02:45:57.520 --> 02:46:14.240
right, promote it, get a great sample size. Um well, and even to have a bit of an explanation before the survey starts that says, you know, learning from our past experiences where meters were purchased

566
02:46:14.240 --> 02:46:30.080
>> that were eventually not used. We're looking again exploring new technologies, you know, and do and bringing those people that were here during that time that was a little bit of turmoil into

567
02:46:30.080 --> 02:46:47.359
the mix by acknowledging we know that happened. >> Mhm. >> Um let's be clear about this. This is a different thing. We're not going to have to buy physical equipment. Now what are and then start asking the questions that we've identified from the workshop

568
02:46:47.359 --> 02:47:03.200
>> because that way everyone will be on the same page. >> Yeah, >> it it will be very valuable if we don't I think rush it and it'd be better to run the right survey for 10 days than to get one out and run it for two months

569
02:47:03.200 --> 02:47:19.600
and and we're over there dealing with in misinformation and issues. But um >> someone has to move up roundabouts. >> Oh god. >> Well, as as we get the presentation,

570
02:47:19.600 --> 02:47:36.880
a lot of that can populate the questionnaire >> and remove speculation on what we're looking to do. >> Mhm. >> That's true. >> Okay. Well, that's Are there any other questions? city

571
02:47:36.880 --> 02:47:53.279
manager and clarity needed on the survey. I think we're going to hold >> Yeah, I think after the workshop makes sense. Um that way we can um reference it perhaps in the survey and we can even

572
02:47:53.279 --> 02:48:09.680
maybe draft some questions for the council to look at. I think we have to be very careful with the questions so we get the best responses. Um, >> yeah, there's there's nothing that says we can't formulate a questionnaire now

573
02:48:09.680 --> 02:48:26.479
and just edit it based upon the information we get in the presentation. >> We we'll scan the um, you know, the industry to see if there are surveys that have been put out there before. there might be some, you know, already kind of tried and true questions that >> are viable for any community to

574
02:48:26.479 --> 02:48:42.800
circulate and and um see what we come up with. Nothing too lengthy, >> you know, we want people to take it um but nothing too short where we don't get enough good information. >> I will say we've done some the 2018

575
02:48:42.800 --> 02:48:58.880
survey was one of the best surveys I still think I mean it was the largest response. That thing took like 30 40 minutes to fill out and I was shocked at how many residents took the time to do it. But um yeah, agreed with everything we've said.

576
02:48:58.880 --> 02:49:14.640
If there's not anything else or the council wants to raise anything, I think we got our our work cut out for us. We can start developing survey questions. We can go, you know, the questions for the workshop so that we can go in and hit the ground running when we come out of that. And I do like the that we

577
02:49:14.640 --> 02:49:32.399
pushed it out a little. Gives us a little time to do it right. >> Anything else? >> I just like to commend staff for the work they've done so far. Uh Tim and Laura in particular. Uh they've really dug deep into, you know, finding out what would be the best company to go

578
02:49:32.399 --> 02:49:46.800
with. I I think you'll like what you'll hear uh from T2. Uh but bear in mind if there's something else that emerges that you would like us to pursue, we'll do that. But this is one of those purchases that's, you know, within my threshold and and something we have to put out,

579
02:49:46.800 --> 02:50:04.080
you know, to bid per se or RFP. Uh so I think we can work quickly and and uh efficiently and bring something, you know, something good to the city. >> Thank you. Okay, that brings us just looking at the agenda, we've got 9.5 and

580
02:50:04.080 --> 02:50:22.479
9.6. Uh so two more items uh left. the the these are items for action. Um managing time. We're at 9:30 and we get get to this point. Uh I don't want to I

581
02:50:22.479 --> 02:50:39.120
take responsibility for the last meeting going over. Please if we get close interrupt, let's try to stay ahead of it. It' be better to give ourselves more time if we need it and >> target um getting out sooner. I don't want to call a recess. I just need two

582
02:50:39.120 --> 02:50:55.600
minutes to to step out. If the city manager, I think you and I have went through this next item. If you want to start going over kind of the item for action 9.5 and I can pass the gavl to our vice mayor. I'm going to probably be back

583
02:50:55.600 --> 02:51:12.319
within 2 minutes. Just need to use the restroom. And >> uh this item is the Villas at Fillmore project drainage improvements. Um and city manager if we can give a a quick overview uh we will

584
02:51:12.319 --> 02:51:28.000
>> absolutely >> be able to take it up. Thank you. >> We can. Thank you mayor. >> So the village of Filillmore project um drainage improvements. Um, this is a project that the council directed the city manager to initiate back in

585
02:51:28.000 --> 02:51:44.960
August and the purpose of the project was to improve a defective drainage system at the village village of Filillmore and we've had extensive conversations about that. Um so to speak

586
02:51:44.960 --> 02:52:00.640
about what we are asking council for this evening um is to first of all receive an update from staff regarding the progress of this project and discuss any issues or concerns uh that the council may have and that's first the

587
02:52:00.640 --> 02:52:16.800
item on this agenda because the the last time this was before the council was August of last year and when I was directed to uh perform this function. Uh we were also directed uh to come back with count to council with any updates

588
02:52:16.800 --> 02:52:32.800
if if we had any or if council requested any. So um a request was made by the mayor to come forward and give the council some updates on the project and then as we work through the discussion the um council will be asked to give

589
02:52:32.800 --> 02:52:48.880
some direction. Uh first and foremost would be to direct us on the acquisition of a contractor. Um we initially I was directed to contract with a specific company Atlantic Development Incorporated. Uh we have since um

590
02:52:48.880 --> 02:53:06.319
terminated that contract for convenience and we are now looking at acquiring another contractor. So that contractor will affect the repairs according to the most recently approved drainage plans as they are have been prepared by Allen

591
02:53:06.319 --> 02:53:22.000
Engineering and that will be a topic of discussion I'm sure tonight about the most approved uh the most recently approved drainage plans. We do have drainage plans in our possession. They are code compliant and

592
02:53:22.000 --> 02:53:39.120
they are approved. And it is the city's position that these are the plans that would have been code compliant and approved four years ago when this project was initially um undertaken and coed. Okay. Um the engineer has

593
02:53:39.120 --> 02:53:54.000
presented those plans to us. So, these are the plans that the uh homeowners would have had 4 years ago and the city is ready to execute those plans once we have a contractor. Um, however, uh, one of the residents

594
02:53:54.000 --> 02:54:10.399
and in um, agreement are the other residents, an option was presented to the to the city. And if I can have the clerk uh bring up the um email that you were given

595
02:54:10.399 --> 02:54:29.840
earlier, there was an option that was presented to slope the the backyard differently than what Allen Engineering is is providing in their plans. And if you can scroll up a little bit, we'll look at there are two conceptual conceptual

596
02:54:29.840 --> 02:54:45.040
designs that were offered and we'll just um we'll eliminate the second one. The second one is a stone and pipe system. Uh this is a system that would be with some infrastructure buried underground.

597
02:54:45.040 --> 02:55:02.800
And the the goal of of this project is to repair um basically a dysfunctional drainage system uh per the original plans as modified and amended to correct the deficiencies in the original plans.

598
02:55:02.800 --> 02:55:18.880
And those deficiencies were very specifically uh when the FPL line was going to be buried in the backyard. um a a pool buried in the ground was encountered and in order to get that line to the depth that pool had to be

599
02:55:18.880 --> 02:55:35.359
removed. It had to be demolished and removed. And then the second reason for the defects on the plans were there were four air conditioner units that not were not accounted for in the original storm water calculations. And so, um, there's also some bamboo on

600
02:55:35.359 --> 02:55:50.319
the back side of the property that was incorporated in a landscaping plan, not the drainage plans. And there is a difference because if they're incorporated in the landscaping or the drainage plans, then the calculations would take those into account as well.

601
02:55:50.319 --> 02:56:05.760
And so when I say that they have the plans that we have now are the plans that the residents would have had then, it's because the bamboo was included. They were initially in the landscaping plan and now they're included in the drainage plan and the uh air conditioner

602
02:56:05.760 --> 02:56:22.399
units are accounted for in these calculations. So what we have now are the plans that should have been um followed then. Uh so if we go back to the email um the uh stone and pipe system is not an

603
02:56:22.399 --> 02:56:38.880
option for the city because it is it is not uh what we are tasked to do and that's to correct the construction defects of the drainage system. um installing additional infrastructure underneath um the surface or the land

604
02:56:38.880 --> 02:56:55.840
surface is above and beyond correcting the construction defects that is adding additional material and infrastructure to this property which is private property and I think it's important to point out that you know while we have a an eement here uh this is private

605
02:56:55.840 --> 02:57:12.560
property and the city uh cannot spend public dollars on public property. our our purpose there is to to affect is to um correct the construction defects in our easement our storm water easement on private property.

606
02:57:12.560 --> 02:57:30.080
So this option that is can be considered by the city is a what's known as a longer 7% slope and this gives residents a usable property. Residents would have to allow the slope um to begin out of the

607
02:57:30.080 --> 02:57:46.080
ement. So, what this means is in the backyard there's a 15t wide easement and the current plans that are code compliant and approved account for only draining in that

608
02:57:46.080 --> 02:58:01.600
easement. It does the plans do not account for any private property. And so the the request from the residents is that we we um slope the land by using

609
02:58:01.600 --> 02:58:17.359
their property, incorporating their property, 2 ft of approximately 2 ft of their property on the back side of their residents, all four of them into the storm water system. So it can be a more gradual slope. And there's a diagram if

610
02:58:17.359 --> 02:58:33.520
you can put that up for the council to see. and maybe get it as large as you can. This is a side view. And if you look at the top drawing, you'll see that the house is on the left. You'll see uh the

611
02:58:33.520 --> 02:58:50.960
line that's drawn is approximately 2 ft of level horizontal ground. And then you have 16 ft of land that goes at a 7% slope to the very bottom of the swale. and then it rises to the top at a 4:1 uh

612
02:58:50.960 --> 02:59:08.160
ratio another um four feet for a total distance of 20 feet. And we presented this plan to our engineer uh who has um has been assigned to this this task and

613
02:59:08.160 --> 02:59:25.680
he can he can work this new calculation with this plan. Uh in order to affect this however all of the residents must effectively give up their property to one another uh and so that it can be used as part of the easement. It and and

614
02:59:25.680 --> 02:59:42.640
if only one if one resident objects then this is not a solution. Um so we have one of the residents here today um and she tells me that all residents do agree. I don't know if you care to uh take any questions or or comments uh

615
02:59:42.640 --> 03:00:01.200
from that resident, but the the update that the the staff is giving you is we have um approved code compliant plans that are exactly what the residents would have had four years ago in hand ready to execute uh and find a

616
03:00:01.200 --> 03:00:16.720
contractor if we go out to bid. uh then we we cannot go out to bid unless we have approved um code compliant plans. If the council wants to entertain this option, uh then staff will be directed

617
03:00:16.720 --> 03:00:32.800
to get with the engineer who says that they can turn around some new plans fairly quickly and once those plans are approved and we determine that they are code compliant, then the city can proceed with the uh invitation to bid process. Um, but we cannot do that until

618
03:00:32.800 --> 03:00:50.399
we have code compliant plans if this is the option that the council uh would consider. Um, >> yes, ma'am. >> I have a question. >> So, I I know we have one of the owners here and they're saying that all of the owners agree, but what are the what are

619
03:00:50.399 --> 03:01:06.479
what are the legal requirements for ensuring that all the owners agree before we make any decision upon differences in these two plans? So, they'll have to sign uh you know a written document that will be prepared by our city attorney >> and they will have to agree to the terms

620
03:01:06.479 --> 03:01:22.720
of that document and my recommendation to the council was that you give the residents a deadline to sign that and if again if any if one of them disagrees then we we we're ready with the plans that we have. But if council wants to

621
03:01:22.720 --> 03:01:38.720
entertain this with the assurance that all residents will sign, then the attorney will be directed to draw up that instrument for their signature. And I would again recommend that council give a deadline uh and by that and and if we get those documents back then we

622
03:01:38.720 --> 03:01:55.760
will, you know, get the the job moving. >> Have you received a verbal agreement amongst the four owners? I've spoken to one resident who has told me that all residents agree. That's all I know. >> Okay. Okay. >> And it's verbal at this time.

623
03:01:55.760 --> 03:02:16.080
>> Okay. >> Thank you, city manager. I've got a question and I understand the big difference is uh private property expanding the easement. And just a a little bit of background is

624
03:02:16.080 --> 03:02:34.479
that the attempts of the contractor to do a 4:1 slope was the main issue. It was quoted, "There's a ditch in my backyard and you know 4:1's gradual, easier to maintain. There's a lot of benefits and I think the code compliant

625
03:02:34.479 --> 03:02:52.160
design today is a much steeper. It's a 3 one. So for three feet over one feet down as opposed to four feet over one foot down and the maintenance uh I mean it it's usability it basically because of the

626
03:02:52.160 --> 03:03:07.760
constrained easement is a 4:1 possible while staying within the easement. Do we know that? >> Could you rephrase that question? So the is a is a 4:1 slope possible

627
03:03:07.760 --> 03:03:23.439
without expanding the easement onto private property and without giving up privacy bamboo because >> the the the contractor was trying to get a floor to one within the easement >> right

628
03:03:23.439 --> 03:03:38.960
>> and so come straight out I don't and I said this I the city these deficiencies and defect effectiveness was a was the contractor. And so for us to do this, if we're going

629
03:03:38.960 --> 03:03:54.319
to pursue recouping those dollars, the one of the concerns that comes to my mind is if we reduce it from a 4:1 to a 3:1, that puts us, I think, in a in a very

630
03:03:54.319 --> 03:04:11.479
weak position to say, well, you were asking us to do something that you could not even do yourself. You wanted us as the contractor to do a 4:1 slope. You rejected it two to three times.

631
03:04:11.520 --> 03:04:27.279
If it was possible, why did we not do a 4:1 slope? >> So, I go back to the bamboo. Um, the residents say they want the bamboo. The bamboo provides uh protection, visibility, shields light. They have a

632
03:04:27.279 --> 03:04:44.160
second story uh building behind them with balconies that can look right down into their property and we're very sensitive to that. We we understand why they want the bamboo. Uh the bamboo is part of their landscaping plan uh not the storm water plan. Our code allows

633
03:04:44.160 --> 03:04:59.520
for us to plant vegetation as part of our storm water plan for two reasons. to stabilize the soil and to develop a root structure that will help eliminate the storm water itself through you know through the root system. >> Mhm.

634
03:04:59.520 --> 03:05:16.560
>> So in order to construct the drainage system to incorporate the bamboo to be part of that system and for the city to pay for that as part of the drainage project um that slope on the backside had to be constructed. So the answer to

635
03:05:16.560 --> 03:05:32.960
your question, can they achieve a 4:1 slope? Sure. But it looks like it'll have to be without the bamboo. >> And so the contractors were not given the option to remove the bamboo. They were said told keep the bamboo and hit a 4:1 slope. And two to three times I

636
03:05:32.960 --> 03:05:49.040
think failed maybe for other reasons. And I hope what I'm saying is making sense is, you know, their argument would be, well, if if we would have been given the option, right, to to remove the bamboo, we could have theoretically pulled it off. And so that that's just a

637
03:05:49.040 --> 03:06:05.279
does that make sense? And my question is, can without changing losing the privacy, the bamboo that was approved by the community appearance board. I live in a very similar town home. I don't we don't we you don't want Nick. It's mutual. It's not just the Filmore

638
03:06:05.279 --> 03:06:22.800
owners, it's the multifamily around them. And I think we all agree as a city manager said, can they keep the bamboo? And and has our engineers given any indication of meeting the 4:1 without

639
03:06:22.800 --> 03:06:38.800
expanding the easement and keeping the bamboo? I guess that's the the question. Do we know that? >> Rich, our our engineer, Rich Davis, is here and I would invite him to comment. Thank you. >> And I have a quick question. Are we Is this uh diagram are we looking at the

640
03:06:38.800 --> 03:06:54.640
back of the house and looking into their backyard from a side view? >> Yes. So the top picture is looking at it from the side. >> Okay. >> And the bottom picture is looking at it from the air. >> From the air. Okay. Yes. >> So that that slope that's going to

641
03:06:54.640 --> 03:07:10.479
>> go they really won't have much of a backyard at that point. It's going to go down 4 feet, slope down four feet, and then back up again. For the record, they don't have much of a backyard at all. >> Right. >> And and and and

642
03:07:10.479 --> 03:07:27.040
so uh this is a diagram. Uh I'm I'm guessing it was drawn by one of the residents. It was offered to us. I'm not sure where it came from. This is Go ahead. >> Sorry to interrupt. It's not to scale. >> That's right. >> So, right. >> It's not going to look like that.

643
03:07:27.040 --> 03:07:42.160
um it's going to be 7% which is going to be much flatter than a four 4:1 would be even. Um but to answer your question, mayor, um the design, the code compliant

644
03:07:42.160 --> 03:07:59.680
design has a 4:1 slope on the side of the property, the houses. >> 4:1. It goes 3:1 to provide a twoft shelf to better plant the bamboo along the

645
03:07:59.680 --> 03:08:15.600
backside. That's why that was was made steeper in the back on the property line. So, uh, and I don't know if that answers your question. There is a 4:1 on one side. >> Well, my question would have been on on

646
03:08:15.600 --> 03:08:30.319
what we were basically asking the contractor to do was 4:1 on both sides. >> I believe originally with no bamboo >> and they tried and failed. Tried and failed. >> Is this the original contractor?

647
03:08:30.319 --> 03:08:46.800
The only the only contractor, not not the um ABC Construction was the contractor with the permit when the >> Oh, yeah. I'm sorry. I wasn't aware of that. >> No, that's okay. And it's sort of it was the contractor who

648
03:08:46.800 --> 03:09:02.880
was hired by the owners to build the to construct the new development on the site. And the threshold was they finished it, they stayed within the easement, they kept the bamboo, but it was too steep. It was probably close to

649
03:09:02.880 --> 03:09:19.120
a 3:1. And we were and we told them, "No, that's not going to work." And so here we are. We're going to be in a very weak position unless I'm missing something cuz I don't think we would do a 3 one and four to like if we could do

650
03:09:19.120 --> 03:09:35.920
a 4 one on both sides within the easement. I'd assume that would be something we would consider. >> And it's really a numbers game with the volume. >> Yeah. >> To to get the volume with a 4 to one, it's got to be roughly a foot and a half

651
03:09:35.920 --> 03:09:51.840
deep. And when we to once again to maintain that volume >> Mhm. And to include the bamboo in the backside, we

652
03:09:51.840 --> 03:10:08.880
did have to steepen it up. We're we're bringing the the toe in a little bit to get more volume. >> We and we had to do that. I guess that that would answer my question. >> Well, if we don't we don't get the volume. I mean, it's it's all part of

653
03:10:08.880 --> 03:10:25.279
the >> the geometry of the treatment. So that that did answer my question. A 4:1 would not meet the volume requirements >> on both sides. 4:1. >> Yes. Well, if if they were both 4:1, but

654
03:10:25.279 --> 03:10:41.200
we didn't come 2 feet off the property line to establish the bamboo. Originally, there were 41's on both sides. >> Yep. >> No bamboo. It went rot. Bamboo has always been

655
03:10:41.200 --> 03:10:56.720
>> it's one but it was part of the landscaping plan and it was not it was not part of the drainage system plan. >> So it was planted as part of landscapecaping but it was not factored into the calculations for drainage and

656
03:10:56.720 --> 03:11:11.920
the position the city's in now is their their bamboo had to be torn down. When we went there with the first contractor to commence with this project the bamboo was taken down. so that the the project could be done and then the city has

657
03:11:11.920 --> 03:11:28.960
agreed to replace that bamboo uh for very important reasons for the residents. Um however, in order to do that and to fund it, it has to be part of the storm water system because that is where or the drainage system because that is where the funds are coming from

658
03:11:28.960 --> 03:11:45.520
to construct this project. And the instructions I was given in August are the same instructions we're asking for now is that you approve me to spend what dollars need to be spent to improve this drainage system from that storm water management account and the bamboo can be

659
03:11:45.520 --> 03:12:01.120
part of the storm water the drainage system because of our ordinance that allows those plantings to stabilize the soil and the root structure. Absent putting it in there for that reason. the city, we're in a position where we're

660
03:12:01.120 --> 03:12:18.479
we're we're spending money, you know, tax dollars on on private property. >> Yeah. I think to remove the to alter the landscaping plans, I like that that we can incorporate it into the drainage plans and justify it, but that's just a that's a non-starter if they're going to

661
03:12:18.479 --> 03:12:34.399
lose their privacy. And I think we we are agreeing with that. And so >> to keep that privacy, which is I would think non-negotiable, >> Mhm. They this is the in in those constraints 3 to one on four to one is

662
03:12:34.399 --> 03:12:49.760
if we if we adjust that out a little bit more it's going to have to make changes to the landscaping plans or >> when when we presented it pardon me for interrupting. When we presented it to the engineer of record, >> um,

663
03:12:49.760 --> 03:13:06.880
>> he wanted to create a twoft shelf >> Mhm. >> for the bamboo >> to give it a better area for planting. >> Mhm. When he did that, that's when we lost that angle to go 4:1 to go, you

664
03:13:06.880 --> 03:13:24.560
know, we we brought that out 2 feet and effectively to maintain the volume it 3:1 slope became what what worked for the geometry of that. >> Thank you. Um, I think that, yeah, the

665
03:13:24.560 --> 03:13:43.040
usability of the property has changed. I mean, that was the issue was that they walked out in their backyard and they're like, "You can't use this. Look at this ditch in my backyard." You know, and and today, I'm not sure it's

666
03:13:43.040 --> 03:13:59.200
much different. And the big elephant in the room for me is uh I think that puts the city in a weak position um to to recoup funding. And if there's two

667
03:13:59.200 --> 03:14:14.560
proposed designs, trusting uh I I'm not the one to to read. Thankfully, we haven't. This is so nice having an in-house engineer. You have no idea how many meetings we went through and um just didn't have this. So, thank you

668
03:14:14.560 --> 03:14:34.239
very much, Rich. Uh Allan and Allen, if I understand you, city manager has said that they can the not the scale, but this is a 4:1 that would require taking up private

669
03:14:34.239 --> 03:14:49.120
property. >> It's flatter than a 4:1. >> So, it's even better, >> right? >> And I would say the flatter the better. I think that's the benefit. The the issue is the easement really. I mean it it's outside of the easement.

670
03:14:49.120 --> 03:15:07.040
>> So the only thing I would say is if the property owners are willing to go out if if it's not achievable with staying in the easement and the property owners agree to extend the easement so in return they can use their backyard keep their bamboo and while not compromising

671
03:15:07.040 --> 03:15:22.800
the draining drainage. These are residents putting conceptual ideas together. If Allen Engineering could come up with something even better in their expertise or In Rich could come

672
03:15:22.800 --> 03:15:40.479
up with something even better knowing that they are the engineers. Um that would be the best case scenario. Um, but to me, this is better because

673
03:15:40.479 --> 03:16:01.399
the property owners can use their their backyard and then we're not compromising not meeting the code. Um, that's looking at the time 951. I think

674
03:16:03.120 --> 03:16:20.479
to go forward with a 3 to one, I think it decreases it. It It's It's exactly what we rejected or close to what we rejected and and and wouldn't allow. Um, so those are my

675
03:16:20.479 --> 03:16:39.920
initial thoughts and yeah, I I would lean towards uh trying to figure out a way to relieve that 3:1 steepness if the the property owners are willing to do that. Um cuz to like our city

676
03:16:39.920 --> 03:16:55.439
manager said, even with the easement not expanding it, what is it 2T roughly off the edge the the structure the house today? It's not a lot. >> I I think it's a bit more but not a lot more. >> Okay. >> Not a lot. Might be near nearly five maybe.

677
03:16:55.439 --> 03:17:11.520
>> Why wouldn't we do that? I guess uh is there any legal risk or is there any concern of is it more expensive? >> Well, we'd have to go out to bid. Um,

678
03:17:11.520 --> 03:17:27.600
essentially if you want to approve this and take this drawing back to our engineer, then he's going to do different calculations, he's going to it's going to be a different diagram and we'll have to put it out to bid. You're basically granting more real estate

679
03:17:27.600 --> 03:17:43.920
getting we're getting more real estate to be part of the the easement and they have to grant us that that real estate or grant each other that real estate. This is as good as it gets. But this is I mean if you want what what we have is what what we have proposed and ready to

680
03:17:43.920 --> 03:17:59.920
go is what they bought. That's what we have ready. What they're proposing is something to give more real estate to be able to more level and so forth. And

681
03:17:59.920 --> 03:18:17.040
Allen Engineering is very willing to do that. can have plans as soon as uh Thursday and we can um approve those, let the residents look at them as soon as possible. >> But I wanted what they bought was a 4 to one and the ability to use their

682
03:18:17.040 --> 03:18:33.200
backyard. >> I I know that there's a discrepancy in that. When I when I say that I what I mean is that had the engineer of record been presented with the all of the information had the bamboo been part of

683
03:18:33.200 --> 03:18:49.520
the drainage system plans to begin with had those air conditioner units been calculated initially then the plans you're seeing now are the plans that would have been in effect and approved then >> I would just say that had those things

684
03:18:49.520 --> 03:19:06.840
happened that's what they could have had the opportunity to buy, but they did not buy. And I know I do know what you're saying. >> Just just clarifying is all. >> Yeah. And you and I had a chance to chat through it. I think the intent um

685
03:19:07.680 --> 03:19:23.840
so if if this is better for the puts the city at the lowest risk in my opinion. uh it meets the the the water

686
03:19:23.840 --> 03:19:41.920
requirements and there's no other options that our engineers can come up with and work off this that would be more efficient while without exceeding costs. Obviously cost is important. Um I I don't know why we

687
03:19:41.920 --> 03:20:02.239
would not do this or pursue it. >> Mr. Mayor. >> Yes. Council member Willis, >> I have a question for the city attorney. >> Yes. >> And u if we were to go in this direction

688
03:20:02.239 --> 03:20:19.120
with the proposed plan by the residents, how does that impact the last paragraph of the first page of our agenda item where it speaks of recouping authorizing to take all actions.

689
03:20:19.120 --> 03:20:39.279
>> Mhm. question. >> Well, I think a little bit more needs to be said. I mean, the what the city council is attempting to do is is correct construction defects. >> So, you have a system swale system that

690
03:20:39.279 --> 03:20:56.800
does not right it was not built right correctly and and variety of reasons. the concrete buried pool is one, right? And so forth. >> I wouldn't lose sight of the fact that um you know in having to re um configure

691
03:20:56.800 --> 03:21:14.960
the swale system um the city engineer Mr. Allen had to take into consideration the fact that the builder, the developer constructed the air condition units in within the side swale area as designed which reduced the um compensating

692
03:21:14.960 --> 03:21:31.920
storage right capacity. So, you know, it's not just you, well, the developer um you know, the city held the line on a 4ft um you know, you know, 4 to one slope, right? The the we're now looking

693
03:21:31.920 --> 03:21:47.920
at trying to correct a construct construction defects, including, you know, building within the swale system that can't be removed without a substantial amount of cost, >> right? you know, changing where the air conditioning units are located in

694
03:21:47.920 --> 03:22:04.319
rewiring. So, that has to be factored into this whole equation. >> Okay. >> So, you know, you do have a couple of options. The manager has presented them very clearly. Um, you know, the uh what's been profered today is is another

695
03:22:04.319 --> 03:22:20.479
option as the manager indicated would require the property owners to contribute additional space, >> right, for the swale system. >> Right. And again, the developer built infrastructure within the swale system that can't be removed without an

696
03:22:20.479 --> 03:22:37.760
astronomical expense and inconvenience. So, you know, either one of those plans is addressing that construction defect. >> Okay. >> In my opinion. >> Okay, that answers my question. Thank you. >> And it's in line with my my original

697
03:22:37.760 --> 03:22:53.600
concern. I think that the not not going with that option. I'm assuming the option that we're proposing with a 3:1 affects that last part, Council Member Willis. Mhm. I think it puts us in a weaker

698
03:22:53.600 --> 03:23:11.600
position, but that's for our city attorney. I mean, does I mean changing it from a 4:1 to a 3 one? Well, that's you have to correct the construction defects and get the required amount of water quality and

699
03:23:11.600 --> 03:23:27.439
quantity that's required by the code to have a compliant system. So, it's a swale system. It's it requires earthwork. I mean, there's different ways to uh manipulate the earthwork to to meet the code compliance of of

700
03:23:27.439 --> 03:23:44.720
quality and quantity. So, you know, I leave that to, you know, the engineers to talk about. Yes, you're seeing two earthwork for lack of a better term, Rich, forgive me, earthwork options to get the co get the code compliant,

701
03:23:44.720 --> 03:23:59.920
quality, and quantity. >> Address the time. >> I'll make a motion to extend the uh meeting 30 minutes. >> I'll second. >> Got a motion by Council Member Willis and a second by Mayor Bertim Jackson to extend the meeting by 30 minutes, which

702
03:23:59.920 --> 03:24:16.080
would take us to 10:30 p.m. >> Correct. Mhm. >> Y'all got to check my math as you know on that. Any further discussion? City clerk. >> Mayor Prom Jackson. >> Four. >> Council member King. >> Four.

703
03:24:16.080 --> 03:24:31.920
>> Mayor Morrison. >> Four. >> Council member Shriak. >> Four. >> And council member Willis. >> Four. >> Motion to extend to 10:30 approved. 50. City attorney. Back to you. >> Oh, that's that's all I ask. >> Okay. So yes the uh earthwork the

704
03:24:31.920 --> 03:24:49.359
engineers it's there this come from non-engineers and so the word that I I wrote down was unnecessary if there are many ways right we want to do the one that does not put the most unnecessary burden on the property

705
03:24:49.359 --> 03:25:06.239
owners and a 3:1 usability they're going to have to maintain this right this easement >> yes >> and so the maintenance requirements under a 4: one are less than I mean a 3 one or or greater than

706
03:25:06.239 --> 03:25:22.800
than a more gradual and I keep saying 4 to1 and our city engineer made it clear that it's it's less than a six 7% is even exceeds that standard. >> Yeah, it'll it'll be a flatter

707
03:25:22.800 --> 03:25:40.560
flatter area just broader. So if if we got a 3:1 which is more steep I think we've got property owners saying was that necessary right and if we have engineers going no with more property private we could do

708
03:25:40.560 --> 03:25:57.439
this well that puts the city I think in a better position we don't want two parties right if you can isolate two parties upset And it's all about the code and so and

709
03:25:57.439 --> 03:26:17.120
and reasonable cost. That's what I have to say. I think the the second thing is I I understand that the agreement with Allen

710
03:26:17.120 --> 03:26:33.520
said that the other option was outside their work. But I mean we did not >> Allan never said that. Allan Allen told us on the phone >> with the manager that >> if if the city wanted him to prepare the

711
03:26:33.520 --> 03:26:49.840
plans for what was profered today or the other day >> from the neighbor from the owner, he he could do that and there isn't a charge for that under the settlement agreement.

712
03:26:49.840 --> 03:27:06.720
So we're there's no cost to the city to he'll go back to the drawing board assuming that there was additional land to design the swale system as part of his contractual obligation with the city. >> Okay,

713
03:27:06.720 --> 03:27:22.560
>> he will do that. >> But there were two and I didn't there was a a a a stone in um >> right >> that one >> that one's not an option for the city >> stone. Yeah, that one. >> That's what I was saying. Yeah, >> I misunderstood. No, that's okay. I thought you talk still talking about the

714
03:27:22.560 --> 03:27:39.279
>> 7% gradual. >> Okay. And and so that would be the only other option and it's been stated that that's going to be more expensive in maintenance, but the minimum coverage to to bury these utilities meeting the

715
03:27:39.279 --> 03:27:59.600
code, that'd be the only other thing that I've seen if we've looked at both of them. Um I don't know why we would Yeah, the the settlement agreement we did not decide on that and vote on

716
03:27:59.600 --> 03:28:15.760
that. That was something I think our city attorney negotiated. And so it it if that limits us um I haven't seen costs that prove that the under that

717
03:28:15.760 --> 03:28:32.960
what is it stone and um the >> the pipe and stone. >> Pipe and stone. Thank you. Pipe and stone is assumed to be more expensive. >> Yes. you're putting material other than dirt

718
03:28:32.960 --> 03:28:48.239
in the ground, it's going to cost money. So, >> but we don't have to remove as much that I guess I haven't seen the estimates that were quoted by former I think Kimley Horn that came out. It was not

719
03:28:48.239 --> 03:29:03.840
that much more expensive. I could be wrong, but I just want to make sure that if that really is less expensive and it's less maintenance and it it and it performs better, that would be a real shame that we just assumed that was more

720
03:29:03.840 --> 03:29:20.720
expensive. And I say that respectfully. Um because what I'm learning about stone and pipe is even I mean they're they're just more efficient and they they perform better and you and the the reduce excavation

721
03:29:20.720 --> 03:29:36.640
cost >> but but call that one more expensive >> we we can start searching uh a cost for that and when the we do select a contractor we can certainly ask that

722
03:29:36.640 --> 03:29:53.920
option. Um I think it's it's just inferred that it would be an additional cost. But more importantly, it is that what we say we need to do to repair a defective drainage system

723
03:29:53.920 --> 03:30:10.560
or are we doing that to create level ground for residents? Is that is that the other purpose or is that the intent? the the intent and the goal is to repair a defective drainage system that should have been done the right way the first

724
03:30:10.560 --> 03:30:25.600
time. Um, >> it would be lower cost and I >> agree with that. Mayor, it's not a question of cost. It's a question. It's a question of repairing construction defects. That that the system that was

725
03:30:25.600 --> 03:30:44.000
designed was a swale system, not a total redesign and different type of system. The council wants to go down that direction. I would advise against it >> as I have in the past. I'm not saying just cost. I'm saying

726
03:30:44.000 --> 03:31:00.399
they could not bury the lines. They they struggle with that. Whether it was the pool, they could not get the minimum cover. And so I don't want to get to this point to where we do a especially on the 3 to

727
03:31:00.399 --> 03:31:15.200
one, the one that's proposed is for whatever reason those we can't cover those lines minimum. That was the major stumbling block. And so if we can cover the lines because FPL is a mystery on some of these things because they do not

728
03:31:15.200 --> 03:31:31.600
usually provide site plans and they have rights and per our agreement. Um then I'm with you. Uh but I we've been here, we're moving forward and then there's there's there's just been some major uh oh that that happened and that's a that's a

729
03:31:31.600 --> 03:31:48.640
big one that I do not want to have as a blind spot. and and because then and I've said this before is the to fix the defect if they cannot fix the defect of minimum coverage over the lines that's not a cost issue that's

730
03:31:48.640 --> 03:32:03.600
just a compliance issue and so I'll re say that that way and but that was just kind of thrown out because it was just more expensive and and I'm not disagreeing with that

731
03:32:03.600 --> 03:32:18.960
it's it's something. I don't think we've got an updated quote. So, Allen Engineering is willing on the proposed to look at this. And I just want to be clear is

732
03:32:18.960 --> 03:32:38.000
these are residents drawing this up. I would hope that Allen if he can not go in with this strict this is what you want. If there's improvements, I think the residents the flatter the better, unnecessary.

733
03:32:38.000 --> 03:32:54.319
Um, you if it doesn't tie up more of their property, it's a constrained site. That's that's what I I I'll end with. And the last thing is that these ASB builts, I think the agreement is that

734
03:32:54.319 --> 03:33:11.840
they will complete asbuilts. And I know that we've stayed within the limits of what was directed in August, but I've never understood why we would not get as built up front with all the utilities,

735
03:33:11.840 --> 03:33:28.960
why we would have limited ourselves to a settlement agreement to stay only with drainage because if they're especially with our engineer, the calculations could be done so much easier and and

736
03:33:28.960 --> 03:33:44.960
quicker if if you knew where all the lines were. That was a major problem. So, why we would not get the asbuilts done is a headscratcher for me. Um,

737
03:33:44.960 --> 03:34:02.640
prior uh to know that I I can see where everything is now. We're going to design a drainage system cuz we can see all the constraints, right? Wouldn't that be the best case scenario? >> And I you know the the con the main

738
03:34:02.640 --> 03:34:19.600
constraints I'm aware of are the pool and two walkways in the backyard which seems like it made it impossible for them the original contractor to grade the designed the

739
03:34:19.600 --> 03:34:38.560
the the treatment system as designed. They couldn't go deep enough. they, you know, I mean, there there's too much stuff underground as I understand it. >> Yeah. >> So, there's I wouldn't say infinite, but

740
03:34:38.560 --> 03:34:56.479
there's so many different ways you could slice and dice and move things. >> You're going to have to regrade the whole system, though, and capture it all. And and I mean I I think everybody wants the residents to be able to have a

741
03:34:56.479 --> 03:35:12.479
nice useful backyard that they can enjoy and get get on to enjoying it. That's I think what all our goal is too. We we want to move forward with it. So >> I guess the electric utilities along the

742
03:35:12.479 --> 03:35:29.439
back it would be in as built that that would directly impact the drainage. >> Um yeah I I don't know. I'm not aware of that. >> They had a hard time. They were routing it. They went through the easement and it could have been

743
03:35:29.439 --> 03:35:45.279
>> I thought it was the obstructions underground but I may be wrong. >> Yeah. >> I don't know. I absolutely think that was one of them. But I just thinking at this stage of the game, are we going to go in and draw another one and then FPNL in the end

744
03:35:45.279 --> 03:36:01.600
>> can't hit minimum cover? And if we feel good about it, great. But we've in the past felt good about things and then we run into a a hiccup. And I do want to put something forward that our city manager and city

745
03:36:01.600 --> 03:36:22.640
attorney can run. And so, Miss Hurst, would you like to say anything if this council desires? I know that you're here. We we referenced the email. Is there anything that it's our understanding that we would need you if you're willing to

746
03:36:22.640 --> 03:36:40.479
come up to the the podium? Um because I think what we are trying to decide is the proposed are um it would be nice to have a usable yard. We're not saying that we have to have a

747
03:36:40.479 --> 03:36:56.479
flat yard. I put forward the stone and pipe because it gives you the area within the easement limits that will handle the volume of storm water that is required. That is why it's not

748
03:36:56.479 --> 03:37:13.279
about having a back make those 3% drains you know it's not about the flatness it's about being able to do it. It's the high school physics where you have the two cylinders, you know, a tall skinny one

749
03:37:13.279 --> 03:37:27.680
and the fat short one. It's the same amount of water. You can't get the same amount of water in the system swale that they're proposing unless you

750
03:37:27.680 --> 03:37:43.040
have the it's code compliant, but it's an exception with the code compliance in the 3 to one. >> Okay. And that's my problem with it. >> Thank you for clarifying. Going back to what originally bought is that there was

751
03:37:43.040 --> 03:37:59.840
and I think you said it very well is the way this works today is we expand the easement. The other one was where the property owners did not have to expand the easement. >> Correct. that stays within the 15t easement >> and which is an excellent example of

752
03:37:59.840 --> 03:38:18.160
what I've said is the only time if there is construction deficiencies with staying within the easement >> is the stone and pipe the only solution to to stay within the easement. That's what I've said the whole time is that's

753
03:38:18.160 --> 03:38:37.200
the only time it would make sense and that's what you were proposing. >> Yes. >> Okay. That makes sense to me. And so we're saying if all four owners do not agree, we would move forward with a 3:1

754
03:38:37.200 --> 03:38:54.000
instead of a stone and pipe to stay within the easement. >> I would have to be certain that stone and pipe does not exceed the authority to repair a drainage system by using public funds. I would have to know as your city manager that I'm being

755
03:38:54.000 --> 03:39:09.920
directed to perform a function that I'm within the law to do and that is right and just per code and and so forth. And I don't know uh we we have an engineer. I don't know if he understands uh what the cost would be for stone and pipe as

756
03:39:09.920 --> 03:39:24.800
related to a 7 to1 slope. We we could find out. Um but >> it's a 3 to one though. what we are changing on them is usability. So it would be with the code, it would be within the bund. But to me that would

757
03:39:24.800 --> 03:39:42.080
put us at a risk of diminished usability compared to 4 to one. >> I would also want to know the maintenance criteria for that type of drainage system because this these residents must maintain it and if they fail to maintain it, the city is going to have to go in their backyard and

758
03:39:42.080 --> 03:39:58.080
maintain it. >> I think that it's my understanding is it's less maintenance. we did excavation under the I mean it's but either way um thank you for clarifying that I I >> I have spoken with the other residents

759
03:39:58.080 --> 03:40:15.600
and they are willing to I don't know do we have to expand the easement or can we just give permission for it to the swale to start outside of >> the if you want the 7%

760
03:40:15.600 --> 03:40:30.960
>> Mhm. Mhm. >> Then you all have to we have to expand the easement. We we can't do that without it. >> Okay. >> And you're I don't know. I would want the our engineer to tell us if the stone and pipe could be done within the city's

761
03:40:30.960 --> 03:40:46.800
easement so you don't have to expand it and what what would that look like? But I think we also we would have an issue with our engineer. We would have to make sure that what we are asking them to do does not exceed the boundaries of the

762
03:40:46.800 --> 03:41:03.600
settlement agreement. Does going with a stone in pipe constitute um going above and beyond repairing a defective drainage system? And if it does, I don't believe our engineer record would be we couldn't use them for this job.

763
03:41:03.600 --> 03:41:20.800
Yeah, it would it would only make sense if it's the only way to correct the deficiencies without diminishing the what they bought as usability. They bought a 4:1 usable property

764
03:41:20.800 --> 03:41:36.880
and that contractor was held and rejected cuz it had to be this 4:1. Now, we've learned and we can on a case by case change it to a 3:1, but one of the factors that when our city engineers approving is the maintenance of it and

765
03:41:36.880 --> 03:41:56.239
and and so I think if the engineers could look at it, I think it would at minimum just the what do they call it the opinion of probable cost and just high level at a minimum and we might strike it quick. But um

766
03:41:56.239 --> 03:42:15.359
to me the 3:1 and 4:1 that we have this proposed conceptual should go through engineering to verify it. We can do that unless they have a better option that does not exceed it. I'm

767
03:42:15.359 --> 03:42:32.160
saying just meets the code and doesn't take away their what they had. >> I think if you're discussing stone and pipe, we have to first resolve whether or not it's within the scope of the settlement agreement. >> The settlement agreement is to correct

768
03:42:32.160 --> 03:42:54.560
the deficiencies. And I'm only saying stone and pipe if that is if there are no other ways to correct the deficiency. >> Mhm. >> That is it. We couldn't meet a four to one within the easement. >> I I'm just not sure. You'd have to

769
03:42:54.560 --> 03:43:11.920
say again how they bought a 4:1 and were not providing a 4:1. I mean, I'm a little confused on that point. They bought a backyard with privacy with bamboo that they could use that had a grad a 4 to one slope

770
03:43:11.920 --> 03:43:28.479
>> and that was in the original plans that were drawn up that did not include the AC units or the bamboo as part of the drainage system. Is that what we're referring to? >> Mhm. >> Yes, but that's not their problem. >> Well, no. I understand that. But are we

771
03:43:28.479 --> 03:43:43.279
will we it sounds like we're defaulting to faulty drainage plans if we're going to maintain that they had a 4:1 slope that's what they bought. They they they purchased that based on an assumption

772
03:43:43.279 --> 03:43:59.359
that they were good plans but they were faulty plans and therefore they didn't buy a 4:1 slope. They bought they're buying whatever slope is determined based on approved code compliant plants. >> I know but

773
03:43:59.359 --> 03:44:15.199
>> those were not approve they were not code. >> That puts the city in a weak position in my opinion. A very weak position >> and that's our that's the past. That's what we're not dealing with today. Um I don't know why

774
03:44:15.199 --> 03:44:32.800
I'll I'll say if if it's the only way to correct the deficiency without then then you you we would have to go with stone and pipe because if we diminish today looks like we we could do it with

775
03:44:32.800 --> 03:44:48.479
the easement but I I don't know why the them giving the easement over is not an option. >> I'm not saying it it might be and we can move forward with that. >> Well, the engineer is ready to draw

776
03:44:48.479 --> 03:45:05.279
those plans based on that decision and he said he can have them by Thursday >> and we're saying we're not going to do that until all four property owners agree. >> That's true. And >> that would be the only scenario, right, is >> and apparently they'll agree in writing.

777
03:45:05.279 --> 03:45:25.920
>> Yeah, I think that that's prudent. Okay. Well, um I don't I want to go back to what the city manager put together, which is very helpful. The recommendation Oh. Um I got my paper shuffled here. Oh, there

778
03:45:25.920 --> 03:45:41.600
it is. Thank you. It's up on the screen. So, we received an update of the city manager and city attorney to discuss. Check. I think we've done that. Number two, direct city min city attorney as appropriate regarding the acquisition of a new contractor to

779
03:45:41.600 --> 03:46:04.560
affect repairs according to the most recent approved drainage plans prepared by Allen Engineering. What we're saying is that those we're changing this one, right? We couldn't just read that. We would want

780
03:46:04.560 --> 03:46:21.680
the Allen Engineering the acquisition of a new contractor to affect repairs according to most re >> the recently approved drainage plan. So we're we're going to have to go to get approved drainage plans first. You can

781
03:46:21.680 --> 03:46:39.600
authorize you can authorize us to go to bid if that's what you want to do once those plans are prepared and approved regardless of what option we go with. >> Yep. You can uh you can uh direct me to do that if you want to go to imitation to bid. We just can't do it until we

782
03:46:39.600 --> 03:46:55.600
have those plants that and I'm just trying to figure out how to work. I think it's a simple change. Instead of recently approved, it would be to um approved. I think that's how we worded it last time.

783
03:46:55.600 --> 03:47:11.920
That seems historical as if they exist to approved according to the to approved drainage plans to be prepared by Allen Engineering. Would that work? >> I think so.

784
03:47:11.920 --> 03:47:29.600
>> Based on the based on the um plan that was submitted that is that what you're talking about go >> That's a good question. >> I wouldn't want to box him into that. Or you >> are you wanting to are you wanting to

785
03:47:29.600 --> 03:47:43.920
direct us to explore those two options and then come up with approved plans based on those two options or are we settling on an option now and getting approved plans based on that decision the 7%

786
03:47:43.920 --> 03:48:01.359
I think that they would pursue the 7% and the order of operation would be it would be pro I mean and then if that can't part then you would only go to that other one. >> Okay. So the motion should >> you have flexibility?

787
03:48:01.359 --> 03:48:16.399
>> I think the motion should direct in in that manner then >> I'm confused. So if the motion is for the 7% >> I why would we do this? But why would we bind ourselves that these are

788
03:48:16.399 --> 03:48:32.720
non-engineers bringing these forward unless our city engineer is saying that absolutely can work like why would we say specific to that 7% why not just say >> that concept >> you're talking about the maintaining the

789
03:48:32.720 --> 03:48:49.520
swale system that concept it may not be it's as it was profit by the owner but Alan would have to work his magic on that concept that works >> for the swale system. >> So based on the conceptual I just didn't want to lock into a 7% when it might be

790
03:48:49.520 --> 03:49:05.120
okay. So how we okay >> we're just using the 7% as a descriptive term so we all know what everybody's singing off the same sheet of music here. >> Okay. I would leave the number out and just say based on the conceptual >> that's why the system's playing.

791
03:49:05.120 --> 03:49:27.600
>> Okay. I interjected, city attorney. I think you were trying to work through it. >> I was trying to understand what the direction was. >> Okay. >> I think I understand it now. >> And then the the second one there it

792
03:49:27.600 --> 03:49:46.479
well authoriza. So to go to bid you had mentioned that city manager. I think that it would be my desire that we would get the engineering done with the owner's approval on any easement needs.

793
03:49:46.479 --> 03:50:02.000
Once those designs are approved, we would then go to bid >> the well the owners don't approve, the engineer and the city approves. Certainly we'll consult the owners and make sure they look at the plans and that they don't have any issues. But

794
03:50:02.000 --> 03:50:19.439
>> but it would be go to bid, not just select a contractor. >> Yeah, we would uh initiate the invitation to bid process >> cuz it doesn't say it like that. It says acquisition of a new contractor. And if we would we say via bid? It was worded

795
03:50:19.439 --> 03:50:35.920
vaguely uh in in anticipation of conversation about maintaining the emergencies, going out and getting one contractor, you know, getting prices, getting quotes, and then selecting that way versus doing the fullon invitation to

796
03:50:35.920 --> 03:50:52.880
bid process. I mean, we can certainly get a contractor here sooner than later if we maintain the emergency, you know, operate under the emergency doctrine and go find a contractor, but we would get quotes or the council could direct to do

797
03:50:52.880 --> 03:51:09.120
the invitation to bid and that would take approximately 2 months or whatever. I mean, we did the emergency before we brought in a contractor, we dismissed them for convenience. Um, the council has an option. I think the one will be faster than the other, but I know there

798
03:51:09.120 --> 03:51:25.359
might have been some, you know, desires uh to do an invitation to bid. I just know that that takes longer. Yeah. So, there's three parties. Basically the direction that I think would be to

799
03:51:25.359 --> 03:51:50.000
give city manager direction to obtain property or engineer engineering plans. work with the property owners on any necessary approvals to for those plans

800
03:51:50.000 --> 03:52:09.199
and to go to bid to construct those plans. That's where what I'm hearing. >> Now you just have to word it. >> Okay. Um Yep. I would.

801
03:52:09.199 --> 03:52:26.800
Yeah, we we council are do we want to give direction to allow the city manager to work with the property owners on any approvals needed for Allen Engineering

802
03:52:26.800 --> 03:52:42.479
to draft new plans based on the concept we discussed and then go to bid to construct that design once approved. D >> with the concept cuz we talked about 4:1

803
03:52:42.479 --> 03:52:58.720
and we talked about concrete pipe >> the the >> or pipe and the the you would only go to the well it's not a 4:1 not stone and pipe we're not saying no to that but we

804
03:52:58.720 --> 03:53:15.600
are leaving that open only if they cannot get this we'll call it the 7% >> yeah that's the the first one >> that's the one okay >> and in order to do the the 7% as our city attorney wisely stated because I can't even say it now without naming it.

805
03:53:15.600 --> 03:53:31.840
>> It's 10:30. >> The time >> they're going to need some conditions approved. >> I'll make a motion to extend the meeting 30 minutes. >> Second. >> Got a motion by Mayor Pertim Jackson and a second by Council Member Willis. Any

806
03:53:31.840 --> 03:53:47.760
further discussion on extending the meeting by 30 minutes? None. City Clerk, >> Mayor Proender Jackson, >> four, >> Council Member King, four, Mayor Morrison, >> four, >> Council Member Sharia, >> four, >> and Council Member Willis,

807
03:53:47.760 --> 03:54:02.399
>> four. >> No, no, is necessary. So instead of trying to jam it all together, this council is would like the city manager to work with

808
03:54:02.399 --> 03:54:20.160
Allen Engineering on re new conceptual plans. Are we can we agree to that? New Keep it vague. New conceptual plans. >> Okay. Yeah. >> And obtain any necessary

809
03:54:20.160 --> 03:54:40.640
property owner approvals >> and and and finalize those plans to go bid the construction >> the right word. >> Basically,

810
03:54:40.640 --> 03:54:58.640
>> design it working off that concept. The only time they would not go down the 7% is they can't make it work and it may and I just didn't want to box it into one thing. They're going to pursue that.

811
03:54:58.640 --> 03:55:13.760
In order to do that, they're going to need to he needs to have the direction to work with the property owners to get approvals. And if we can specify approval to for private property use uh for the

812
03:55:13.760 --> 03:55:29.840
rideway approvals is just pretty broad. >> Um we want the approvals. What do we want the specific approval for >> and that would be >> easement adjustment. >> I easement adjustment. >> I was trying to keep it vague. Any ne any necessary approvals. I mean it's

813
03:55:29.840 --> 03:55:44.960
going to take mutual consent I don't think but yeah if we want to specify any necessary easement approvals or city attorney with that okay

814
03:55:44.960 --> 03:56:01.760
well to implement the 7% concept it seems that we would need to do an easement adjustment which is going to require the approvals of the property owners. Okay. >> But as for the approval of the plans per

815
03:56:01.760 --> 03:56:20.199
se, right, that's a city function, right? >> Mhm. >> Okay. So party one, we are given direction for the city attorney to >> city manager >> or city manager, thank you to

816
03:56:22.399 --> 03:56:37.359
uh create a design based on concept the conceptual plans. Yeah, >> those we're also giving directions to work with the property owners for any

817
03:56:37.359 --> 03:56:56.840
necessary easement adjustments to draft those plans. >> So, and with that they can then go to bid. >> Yep. >> Let me just show you something.

818
03:56:57.040 --> 03:57:17.600
This might make sense. >> That's what you want to say. Try that. >> I'm not sure I've >> Yeah, I made it to >> Okay, we we need to maintain some order though. We can't. >> It just says move forward to obtain the

819
03:57:17.600 --> 03:57:32.640
owner's release of the property to use for the easement for the new drainage system. >> Okay. >> All right. >> Thank you. I just thought it might help.

820
03:57:32.640 --> 03:57:51.840
>> I appreciate it. >> Before trying to word the the I think the motion correctly, I at least want the council to do we know what we're trying to do here. Are we all in agreement with what the city manager one is going to work with property owners, the engineer and go out to bid

821
03:57:51.840 --> 03:58:08.399
>> based on design. Are we good with that? If our city attorney wants to help with a motion or city manager, I think he'll help draft. We'll sit back. >> Um, Miss Visomin had provided some recommended wordages on using the terms

822
03:58:08.399 --> 03:58:33.439
release for and I think our city attorney is working through it. >> Why is that authorized in Brandon Construction? Oh, that was easy. >> Oh my goodness. >> Expensive. >> Uh, that's the next

823
03:58:33.439 --> 03:58:49.040
>> Yeah, we That's the next one. I think he's working on just A for now. The next one. >> If you want to layer it in and a fourth one and any necessary expenditure so we can knock it out one. >> Are you wanting to incorporate all A, B, and C in a motion? >> I think this counts. Yes.

824
03:58:49.040 --> 03:59:07.680
>> Instead of three motions, you want an allin-one. >> Yes. >> Okay. Okay. So, this this is my best shot at like 10:35. Okay. So, it's kind of bullet points. So, direct the city manager to work with Allen

825
03:59:07.680 --> 03:59:25.279
Engineering to prepare engineering plans based on the owner submitted 7% concept plan to obtain any necessary u approvals uh from the property owners

826
03:59:25.279 --> 03:59:44.080
regarding any easement adjustments. >> Mhm. finalize the Allen engineering plans and preparation of the soliciting bids based on those final plans.

827
03:59:44.080 --> 04:00:01.600
>> Mhm. >> Authorize the city manager to expend funds to um construct >> that language is already written from the previous if you want to use that. uh >> authorization to approve other

828
04:00:01.600 --> 04:00:17.199
incidental construction related expenses deemed regionally necessary. >> Well, it's authorized authorized the city manager to um approve um construction related expenses deemed necessary to complete

829
04:00:17.199 --> 04:00:33.279
the drainage improvements to include the replacement of any bamboo removed that's from the property for soil erosion and stormwater management purposes. Yeah, I think >> in accordance with the final plans

830
04:00:33.279 --> 04:00:50.160
>> and then C would remain the same >> initiating legal proceedings if warranted, etc. >> Council, is there city attorney worked through that? Does that sound >> is it should there be a mention of the 7% slope in there?

831
04:00:50.160 --> 04:01:05.279
>> I think he did. Yeah, I said 7% concept plan because as I think the mayor pointed out, you know, Ellen Engineering >> would work whatever magic flexibility there on >> on the outcome. >> And I think our city attorney for the

832
04:01:05.279 --> 04:01:21.439
sake of minutes and stuff could probably give our city clerk >> Mhm. >> a copy of city manager. Is that >> um I I think he's essentially made the motion out loud. That's and I'm just making sure we're good and someone Well,

833
04:01:21.439 --> 04:01:37.680
he's read as someone needs to move. >> I'll make a motion that we adopt the uh city attorney's uh motion. >> Right. As stated. >> As stated. >> As stated. >> Okay. We got a motion by council member Willis and a second by council member Shoryak. Very good.

834
04:01:37.680 --> 04:01:53.199
>> To approve the city attorney's motion as stated. >> Is there any further discussion? That was a lot in one. Last confirmation. City manager. I think

835
04:01:53.199 --> 04:02:10.239
that's clear. We can work with that. >> Absolutely. Council, thank you. >> City attorney, is there any other >> No, sir. >> Items. Okay. City clerk, please call the role. >> Mayor Tim Jackson, >> four. >> Council member King,

836
04:02:10.239 --> 04:02:25.520
>> four. >> Mayor Morrison, >> four. >> Council member Shyak, >> four. and council member Willis >> four. Okay. Now C, I don't did our city attorney say C and C stays the same or should we just knock

837
04:02:25.520 --> 04:02:41.760
that one out as an independent? >> I included Came and that was the intent of the council. I heard him say C. Okay. >> Yeah. >> Excellent. Well, >> thank you all. Um I think we are able to now move on to

838
04:02:41.760 --> 04:03:00.960
item 9.6. six. >> So, mayor, regarding item 9.6, um this is um in-depth issue that we've talked about during our one-on-one meetings, >> and it's one that I strongly believe would be better served in a workshop.

839
04:03:00.960 --> 04:03:18.080
And we've selected a workshop date for the paid parking. >> You can tack this on to that date as well. >> Okay? and we will be able to allow the part the public to participate in that also. >> So we got the 1:00 PM on the 9th which we all can make.

840
04:03:18.080 --> 04:03:38.319
>> City manager suggesting >> few hours after that. >> Absolutely. >> Okay. Um and and we do need to set a time instead of just saying >> well if it's going to follow on the heels of the first one um to then

841
04:03:38.319 --> 04:03:55.520
basically starting um commencing if you want to give yourself a break in between commencing no more than 15 minutes after the other workshop. >> I think we got some workshop meeting rules and stuff. >> Do we? Yeah, I think we

842
04:03:55.520 --> 04:04:12.640
>> I mean I'd love to do that or or we do one workshop with two different items. >> We set a time and if it runs long, it it runs long. >> I think we could get through the the parking workshop as long as we're not trying to solve too much. What do you think? One, two, three, two hours.

843
04:04:12.640 --> 04:04:27.760
>> Two hours. Two to two and a half >> for the parking thing. The parking issue. >> Yeah, we could do a workshop at 5:30. I mean, that'd be that'd be Oh, sorry. That's 4:30. >> We'd get Door Dash.

844
04:04:27.760 --> 04:04:45.600
>> I mean, after that. Yes. I love that. >> They're doing the other one at 1, right? >> So, if we got one at 1:30, >> 3:30, >> all of it. >> Okay. Yeah. 1 400 p.m. Does that work? >> Uh, but we advertise it as one workshop

845
04:04:45.600 --> 04:05:00.640
with two items. >> Yeah, we can do that. >> Yeah. Right. >> That makes it clean. And then >> we can take a recess. >> Mhm. >> Let the parking people break >> and then we're not >> okay. >> As long as we advertise it that way.

846
04:05:00.640 --> 04:05:17.279
>> We got a 1 p.m. workshop with two items >> and we can take a 30 minute recess if we need it. Get some door >> tax. What did we say the date was? Was that Juneth? >> June 9th. Okay. Juneth. Okay. Got it. >> At 1 p.m. >> Okay. Motion. Excellent. >> Yeah. I think we would need a motion.

847
04:05:17.279 --> 04:05:31.760
City manager. Is that right? >> Yes. >> Okay. Thank you. >> Make a motion to add agenda item number 9.6, parks, recreation, and community affairs resolution number 202603

848
04:05:31.760 --> 04:05:50.000
to our workshop on June 9th. >> Second. >> Got a motion by council member Willis and a second by council member Shorak. Any further discussion? And that motion was to add uh the resolution as he stated to the June 9th 1pm workshop.

849
04:05:50.000 --> 04:06:05.600
Really is the second item on that workshop. >> Mr. Mayor, did we have any public comment cards on this item? >> I the two comment cards we got, Miss Vadominy, who has spoke and Mr. Evan Weisfelt who spoke earlier. I do not. Does anyone intend to speak on this item?

850
04:06:05.600 --> 04:06:22.080
>> I just wanted to check. >> No, I appreciate it and it it would be one I think that's a great recommendation, city manager. Um, thank you. >> Any further discussion? >> Hearing none. City clerk, >> mayor prom Jackson,

851
04:06:22.080 --> 04:06:39.279
>> four. >> Council member King, >> four. >> Mayor Morrison, >> four. >> Council member Shiaak, >> four. >> And council member Willis, >> four. >> All right. The motion to schedule this item on the June 9th workshop at 1 p.m.

852
04:06:39.279 --> 04:06:56.160
passes 50. Which takes us to >> the end. We have no items for discussion. Item 10. We could go 11 reports. We are short on time, but if we want to go speed drill anything that needs to go. Mayor Pro Tim,

853
04:06:56.160 --> 04:07:11.760
>> I went to several things this month and I've been busy with working with the city manager. That is as fast as you're going to get it. >> Okay. Council member Willis uh went to a number of items, but uh I just want to pass out the legislative summary from

854
04:07:11.760 --> 04:07:27.840
the Space Coast League city's meeting this past Monday so everybody has a copy of it. >> Oh, thank you. >> That's that's all about tonight. >> Good. >> Thank you. Well, >> we're not going to talk about Governor Dantis.

855
04:07:27.840 --> 04:07:44.800
>> Two more and then one for the city clerk. I'll give you one more. >> Oh, she's got one. Okay, I got >> you got one. >> Yeah, she's got one. I think you got an extra one. >> You're going to include all the email stuff. I sent >> Thank you. >> Council member Shorette for me. >> Uh pretty busy month. I got to tour uh

856
04:07:44.800 --> 04:07:59.520
the wastewater treatment >> facility with June. She was showed me around all the equipment over there. Fascinating place. >> Kind of interesting. And I mean, we're going to invest as a city, invest in something, invest in in that plan. We need it. So,

857
04:07:59.520 --> 04:08:16.560
>> um I also got a meet and greet with Tim and Laura in uh capital projects and met with Joey, got some financial data and then I also met with um Natalie and our HR folks. >> She actually has a revenue generating

858
04:08:16.560 --> 04:08:32.880
idea. I won't give it away, but uh everybody's Yeah, everybody's chipping in. That's good. And another thing on parking I did speak to Tim and Laura about um the lot on the corner and I looked into

859
04:08:32.880 --> 04:08:50.720
that parked app and it says with 25 spa there are 35 spaces in that lot. With 25 spaces they estimate we can make about $7,500 a month just renting those spaces out to cruise people. So I guess my question is this. I uh how would we go about just maybe

860
04:08:50.720 --> 04:09:07.120
testing this thing? Sign up for this app and see how it works for a month. See if we make any money if there are multiple apps. And I know Tim and Laura were going to check in with the other parking vendors and see if they might have some kind of solution for that as well. So I guess we will hang on to that until the parking workshop. >> Send it to Tim.

861
04:09:07.120 --> 04:09:23.199
>> Yeah. >> Send the question to Tim. >> Yeah. And I think so I think there's potential to make some money there. So rather than just let that sit idle. >> And I know there was an issue. I think the pickle ball people are parking

862
04:09:23.199 --> 04:09:38.640
there. >> But I drove by the other day that parking lot had a bunch of cars, but the pickle ball where they're supposed to be parking behind the tennis courts was totally empty. >> So it saves them like 10 steps to park there rather than where they're supposed to park. So I don't think it's going to be an issue to push the people out of

863
04:09:38.640 --> 04:09:55.920
there. So cuz they weren't parking there before when there was a shopping center there. So >> thank you. >> That's it. Council member King. >> Oh, no. I'm done. >> Thank you. >> Uh I've got uh I want to just say I am so proud our council city manager had a

864
04:09:55.920 --> 04:10:12.160
chance to uh all attend in unison. Uh the governor came short notice as always announced um here to Bard County. We were all there. We got to hear him and uh he's talking about stuff that uh his desires around property taxes. It was

865
04:10:12.160 --> 04:10:29.279
great. And uh yes, thank you. That was that was great for us to all hear where his head is. >> I also think he gave us a mandate because he did point out that I guess the cities and counties in Florida, their budget was $32 billion back in 2019. It's currently, I think, in the

866
04:10:29.279 --> 04:10:44.720
mid60s >> and it's projected to head into the 80s. >> And he said that with where they should be is in the 40s. >> Mhm. >> So he's all about cutting expenses. >> Yep. >> So I think we should that's kind of a mandate. I I feel that we got from him

867
04:10:44.720 --> 04:10:59.600
going into our our budget season. >> Yeah. At the state level, most cities mirror that it's over the same period of time. Um I got a note up here. Memorial Day

868
04:10:59.600 --> 04:11:18.080
services Monday the 25th 10:00 a.m. I would assume. Um unless you're crazy like us. We hang out at 10 p.m. here. Uh Beth VFW and >> American Legion. >> Oh, thank you. American Legion will be

869
04:11:18.080 --> 04:11:32.720
participating. So yeah, Monday the 25th 10 a.m. Memorial Day service. Thank you to our VFW and American Legion as always staples in this community. I will uh do my best to get to both of those and

870
04:11:32.720 --> 04:11:48.960
thank you nominee. We appreciate it. That's all I have uh for my reports. And city manager, anything? >> No, sir. >> City attorney, >> city clerk's office, finance department director. Thank you.

871
04:11:48.960 --> 04:12:01.359
>> Var County Sheriff's Office, anything? >> All that. >> All right. With that, I think I need a motion to adjurnn. >> Make a motion. >> I've been doing that wrong, I think. All right. Meeting adjourned. I was