##VIDEO ID:OflM-WX8GFs## all righty are we ready Al righty if anyone intends to speak speak we're going to get started here in about 30 seconds uh please fill out a speaker card looks like this and provide it here to our liutenant and we'll make sure that you're heard Council are we ready City staff ready good evening everyone it is 6:43 p.m. September 17th 2024 where at the Cape Canaveral city council regular meeting City Hall council chambers at 100 PK Avenue Cape canaval Florida I call this meeting to order council member Davis would you please lead us in the pledge Al to the flag of the United States of America and to the for it stands one nation God indivisible withy and justice for all thank you city clerk who's call the rooll council member Davis here council member Jackson here mayor protim Cullum here mayor Morrison here council member Willis here all right thank you all for being here City staff and all of you who join in public here physically and online council do we want to approve the agenda as written or are there any amendments we have two presentations 10 items on the consent agenda and this is really about the order not pulling consent agenda two public hearings two items for action and one item for discussion if there's any change in order or striking or um even add-ons Now's the Time I see none Mr Mayor make a motion to approve the agenda as written got a motion by council member Willis a second by council member Davis to approve the agenda is written any further discussion none city clerk council member DAV for council member Jackson for mayor protim Kellum for mayor Morrison for council member Willis for okay now we the presentation interviews portion of the meeting the first presentation is by the bravard Homeless Coalition executive director Miss Amber Carroll Amber are you here come on forward if you're ready thank you so much yes right there at the podium and uh should be able to if you need the Mike should be able to pick you up okay thank you thank you well thank you so much for having me again my name is Amber Caroll and I'm the executive director for The Bard Homeless Coalition it's so good to be here um just uh as a show of hands uh who is familiar with the Bard County Continuum of Care Continuum of Care great it's very important for me to ask that question so that I don't assume we are all all uh speaking the same language so I'm going to spend just a few minutes explaining who I am and what I do for this community and why it is important that I am here to talk this evening about House Bill 1365 have you um heard about House Bill 1365 okay um but first let's start briefly about what The Bard County Continuum of Care is it runs much like uh it was established much like a city government is the federal government HUD designated geographical regions throughout the country organized geographical regions to address the issue of homelessness in our country in Florida we have 27 geographical regions that we call the continuums of care some geographical regions have one County some have multiple counties my Continuum of Care that I am oversee leadership of is vard County so we have one County for this Continuum of Care we are responsible for applying for and administering Federal and State dollars that are designated for homeless services in Bard County so when we hear about emergency shelter operations and permanent housing and Street Outreach efforts homeless prevention those dollars my organization will apply for on behalf of of the community and then we serve as a pass through to direct service organizations so many of you have heard of organizations such as Family Promise or daily bread or a Sharing Center we work we contract with those agencies to perform Direct Services so um the Continuum of cares operate much like um their membership body so like uh like your community who elects you to um Carry Out the make sure that your community the City of Cape Canaveral is taken care of our membership body um elects an advisory Council and that advisory council is made up of government officials of nonprofits of Business Leaders of um uh Advocates people who have experienced homelessness in our community that advisory Council comes up with policies and best practices and oversees the system of of services in Bard County and then we have a lead agency and that is my organization we are a 501c3 nonprofit and we work kind of like your city staff does we carry out the the um the the uh Services uh we carry out administering the administrative side of what is happening in our COC when a house bill 1365 was made and signed into law and for those of you who are unfamiliar with what that is it is a new uh law that states that um it is uh the right of a Bard County resident well this is for the State of Florida but for us for our purposes a Bard County resident business owner or the Attorney General can sue a municipality or our County government for allowing someone to sleep on public property and so um those individuals who are sleeping outside um are are unsheltered uh individuals are homeless individuals um now residents and business owners and the Attorney General can now turn around and Sue cities in our community for allowing that to happen and why does that matter in Bard County if we if we wonder do we have a problem is this something that we need to be concerned about one of the tasks that each COC so for for my organization is that we carry on the point and time count anyone familiar with the point and time count um up on your handout you have received a little graph um each year on the last 10 days in the month of January Continuum of cares throughout the country perform what we call the point and time count and we go and that is our homeless census so we we have a regular census for people who have addresses for those who don't have addresses we have what we call the point and time count so we mobilize over 150 Volunteers in Bard County to go and Survey those who are experiencing homelessness on a single night in Bard County so for this past year um we counted uh 1,16 individuals the highest count Bard county has seen since the year 2015 and it was last year was the highest year so this year it increased by 6% some significant changes that matter to us in regards to House Bill 1365 as we are called to come up with a plan on how to address that is our unsheltered count those who are who have no place to stay um increased 177% while our sheltered count meaning those who had access to Emergency Shelters or transitional housing decreased by 133% what that means is we do not have uh Emergency Shelters in this County um when our law enforcement are called out to respond to somebody who is sleeping in uh in a public space and they need to move be moved on many of our ordinances say that they need to offer them a shelter place to go um if and if the person chooses to not go there then they can uh trespass the person or maybe arrest them the truth is we don't have a place for people to go in Bard County and so um our chronic homeless count and what that means are people who have been homeless for a year or longer who have a disabling condition increased by 72% from last year that means in Bard County people are experiencing homeless homelessness and staying homeless for longer now that is um not good and um uh it's not good for for many for many reasons it's not good because we are not making any progress so far um in establishing Emergency Shelters it's something that we in Bard County have decided we weren't going to do and many years ago and so now we are playing catchup and we're seeing what happens when that part of the system is missing just to kind of put it in perspective um when you look at the stats so what we do as the COC we we perform the point time count and then we give all that information to HUD so when you hear statistics about homelessness in Bard County or throughout the State of Florida or in the United States our coc's have gathered all that data and sent it up to to the federal government by the way this is um de agrii uh deidentified so we don't send personal information it just you know um but uh last year Bard County was the fifth uh number five for the largest unsheltered count in the State of Florida so of all the counties in the State uh Bard County was the fifth highest number this year I think we're number six because um Orlando jumped us so we have out of all of the counties in the State of Florida we are in the top five six in the country there is a report called the ahar report and it's a report that's gathered and given to Congress on the state of homelessness in in the country and for the last two reports Bard county has been in the top five of the coc's with the largest Suburban uh numbers of chronic homelessness individuals I'll try to say that in layman's term in layman's terms there were five coc's that were called out who had the highest like a largely suburban area who had the highest number of chronically homeless individuals those who were homeless for a year or longer we're getting National recognition we're getting State recognition for this growing problem in our community so what are we going to do about it and um House Bill 1365 was not something that we saw coming um and um but what it is encouraging us to do and has been uh a light at the end of or a light in the middle of it is that it is encouraging us to work together to come up with solutions for really for the um the first time in a long time let's just say that so um couple of big picture takeaways that um we can glean from the data that we've we got from the point time count and as it relates to House Bill 1365 our unsheltered homeless counts are rising at the same rate that our housing availability is declining you've heard that housing is a problem affordable housing is an issue in our community housing stock inventory but we can show that the as as homeless numbers rise the availability of housing decreases and so we know that homelessness is a housing problem for a lot of reasons um we also know that um we have no zero we have zero low barrier shelters there's little funding for Street Outreach which that is the work that we do to um go and um work with those who are unsheltered and get them access to resources and support um and then there's a a giant shortage of permanent Supportive Housing and that is housing that is Affordable and comes with wraparound services and that is the majority of what the funding that we receive and work with direct service organizations it goes to those supportive wraparound services so beginning this Friday the 20th at 7:30 a.m. we have our first house bill 1365 workg group and it's comprised of city managers and planners throughout Bard County a representative from the Sheriff's Office and um some of our our chief of police as well um I would love for a representative from Cape Canaveral to uh join us city manager would be wonderful or planner somebody who can come to the table and what we're going to do in this work group is we are going to um not we are going to come up with a uh list of options uh that we could um bring back to our our councils and the County Commission and say here are some ideas that we have that we could do to address this issue in our County in our community um so one of my asks here today is for somebody from from your staff to to join us there's four work groups that are are happening and um and then together we will work on coming up with ideas we're going to look got real cost actual cost hidden cost what are programs so that we can um pull together those resources and un get our understand get our arms around what's really going on and then come back to you with kind of like hey here's here's where we're at here's the cost of what's how homeless um response looks in your community and here's how we can work together to address it that's my big uh Spiel so I make myself available for any questions thank you very much Amber appreciate that Council any questions for Miss Carol no I appreciate the presentation I've got to hear your presentation before at the Florida League of cities or Space Coast League of cities and um it's admirable the work you're doing and hopefully we can try to help thank you yes thank you for your work that you're doing I know U Matthew hope has an event coming up is it the Fall Festival or what event does Matthew's hope have I am not sure okay I was I was going to follow because I followed them on Facebook so it was something that was for them but thank you for your work absolutely yes thank you again I think we have an item for Action tonight with your uh the request to actually take action on um recommending a a staff member to support so thank you yes would you like me to stay for that or is that something they will contact me after you certainly do not have to stay we be happy to contact you afterwards yes thank you so much thank you thank you okay that is great the next item here is a a presentation uh of the Florida Lega cities University gold certificate of excellence to City council member Don Willis I just want to say here that the uh Institute for elected Municipal officials we Callo was Des designed by the Florida League of cities to help elected officials in Florida's municipalities to effectively meet the requirements of their elected role council member uh Willis has achieved the gold FLC university certificate of excellence for elected Municipal officials for 2024 council member Willis congratulations if you'd like to go down front I'd be happy to present this to you thank you [Applause] Mr Willis and floor is yours if you'd like to say a few words I'll I'll try to be brief um I'm very much appreciative for the opportunity to uh learn more to better serve our citizens of cape canaval and advocate for the resources to help our city in any way possible and I appreciate the Florida League of cities making opportunities available to not only learn but to interact with other agencies that can help us provide more for our residents here in Cape canav and I appreciate the the city's uh forbearance and allowing me to do it so thank you thank you and congratulations okay that concludes the presentations uh and interviews portion of our meeting we are at 701 p.m. here and public participation portion of the meeting I have one card if you do intend to speak uh please uh make sure you you take uh fill out a card and bring it forward we'll make sure you're heard the first card I have is Mr John Benton okay I'm here for my code reduction hearing and it's funny that the Homeless Coalition came in here because this is what it's about you guys found me guilty of living in a warehouse that I own with a police officer in a unit next to me I'm not going to live in a warehouse with a cop in the unit next to me and he's up there as much as I am and you had the deputies come come up there and do an investigation for close to 6 months and they did not come in and testify that I lived in that warehouse but Kevin man from the Presbyterian Church he came in and testified I lived in that warehouse and that he had nobody living in that warehouse but on the sex offender site Deacon Kevin man at the Presbyterian Church his son claimed that he was living in the warehouses and when your city employee ask him after I brought it to the your board here's attention they asked him is his son living there and he said no he's working security well the cops never even talked to him why didn't he come in and testify I lived in that warehouse besides the Deacon he wanted my two warehouses because he owned 67% of them forcing people out you found me guilty and your board laughed at me your city manager got fired because he trespassed me because judge Crawford asked me to bring a sign here that I was holding in front of the courthouse because you guys caus the problem and one of the signs said Bogan months and months hires corrupt boneheaded lawyer because she wouldn't let me defend myself after Kevin accused me of living in that warehouse this is why we have a homeless issue of people like this board you don't do anything you're you you create the problem then they do that count and the count goes up and then the churches come in and say hey we need money we need some money to help the homeless people well you guys you CHR Christians are causing the problem you wouldn't even help your own citizen me I lived here for 20 years own the warehouse on the on the beach or on the on the down there right across from you mayor you owe me a code reduction hearing judge Crawford said if I had a sign that day he would hold it for me if it said I was railroaded or he said he may hold it and now you can't make any Anonymous phone calls anymore because Kevin Mann got his rent to call on the phone Benton's living in his warehouse and code enforcement's not doing their job not One Cop the cops are the ones that got in trouble that night the cops that came and investigated talk and took pictures of me they didn't even come in and testify but when I came to the council and told him what happened Mr Randall sent him out to the jail that's a demotion he didn't want to those guys didn't deserve to be out there they did their job they were polite you got to be ashamed of yourself when you owe me a code reduction here and and told you that I was going to come in here until Kevin man came in and apologized to you guys and the deputies for lying thank you you that is all the cards that I have for today again if anyone intended to speak please come forward seeing none and for those of you who are listening online uh we ask that you please raise your hand I'll be sure to unmute you if you in intend to speak okay see no hands raised we'll go ahead and close public participation portion of the meeting bring it back to the council before the consent agenda we do have 10 items on here um do we wish to pull any items uh I think I did receive an email on the minutes um I think our city clerk replied uh and and gave some help there um I'm not sure I I think that was the number three they approved the minutes for September 3rd I believe that was the r no August it number it was item number two thank you very much okay I would like to to pull that one we um we have two other sets of minutes uh from the August 12th budget Workshop August 20th regular meeting the September 3rd Special meeting then we have uh three resolutions one for uh Municipal law enforcement Services uh between the City of Cape Canaveral and uh the bvar County Sheriff's Office also with uh another resolution for our fire protection with the uh Cape canaver volunteer fire department that's uh the fifth item and number six is reappointing some uh Board of adjustment members and also uh reappointing members and the alternates for culture and Leisure Services Board I'm just going through here a lot of times we vote the consent agenda through um those listening may not hear what what we're actually voting and so number seven is to approve Mutual Aid between the 45th space Wing City of Cape Canaveral for fire protection and hazardous materials uh incident response and authorize the city manager number eight and nine is uh are both addendums one is for uh fertilization uh with black spray service that's a contract we do about this time every year and then for lawn maintenance with us lawns uh the fertilization is $64,800 and the uh lawn services and Landscaping mowing $ 39,821 for kimley horn and Associates for the engineering cost excuse me um for the engineering cost design costs associated with the presidential streets improvements um that last one do we need to pull that one with anything that we did in the CRA no sir think so the CRA board made a recommendations that that is consistent with this consent agenda item okay so item number two is the only one I I see at this time I'll make a motion that we approve the consent agenda number one and 3 through 10 I'll second got a motion by mayor Tim Kellum second by council member Willis to approve items one and 3 through 10 any further discussion seeing none city clerk coun council member Davis for council member Jackson four mayor protim Cullum for mayor Morrison four council member Willis four passes 5 for nine of the 10 items item number two is to approve the minutes for the August 20th 2024 regular meeting uh the comments that we heard at the last meeting and the emails was that the August 2024 meeting minutes do not accurately record my comments during public participation this is from a citizen my ask was that the records show that I have asked four times for the information on who falsified the public records by entering the complaint dated 524 23 instead a water down cryptic comment were in the meeting minutes since another month has gone by I would like records to reflect that on five separate occasions I've asked for this information um the types of minutes uh that our city clerk does and I think we're updated months back um capture the actions taken by the city council and the minutes do not reflect verbatim or summarize IND idual comments public participation comments are captured via the city's YouTube channel if you do want verba them um however this is council's discretion to amend the minutes as they see fit uh via a majority vote if we go to that specific area of the minutes that that would be during the public participation which says uh Tamara mulbach resident discussed the city's investigation into 116 Jackson Avenue and alleged City Records being falsified council do we feel it is important to emphasize the quantity of times that she uh Miss bulbeck has asked for my understanding that's her request is that my ask was that the record show I have asked four times for the information so I think that would be the the request um Mr I I yes council member Willis I'm sorry I didn't mean to interrupt you please uh wouldn't wouldn't her for request be present in all the previous minutes each time yes I think every time Miss mulbach spoke uh at a meeting uh one could go back and see I think during the public participation someone of this that you could um the there was also email requests um and so I don't know if those are being counted but I I think the point uh that that most mback is uh questions that have been asked multiple times should it be noted that if somebody was reading the minutes they could see that they asked multiple times here um any any other comments I don't have a problem with with and we've done this in the past where uh a public participation felt that they uh participation was not represented um and while we do not do verbatim I do think that one of the big parts of public participation is residents are coming forward and they are they are stating things that they want to go on the record and while she's not requesting verbatim she does I think her intent for going to the meeting was that if you put anything on the record put that and I don't see the harm in putting it on the record uh I think it's accurately uh represents what her intent was to be stated and uh serves I think as a better set of minutes looking forward um but has anybody listened to the tape to verify that that is accurate of what she was saying I'm not saying she's lying I'm just saying has anybody verified what she actually said Chang don't know true I think we could ask the city clerk um as I stated in my email back to miss mulbach um I don't capture I try not to summarize someone's intent under public participation now if Council were to have addressed her during that time I probably would have put more detail um but as far as I'm concerned she addressed Council during a public meeting which was captured on YouTube and so it is in the record it may not be in captured on that portion of the minutes but that's up to you if you want to amend the minutes um and put in verbage that you think is appropriate and captures her intent you you can do that but I I don't do that because then I'm a lot of people get up and talk at some of our meetings so how many pages do you want the minutes to be and that's no reflection on her I'm not being negative or positive it's just a a a neutral way of capturing public participation you I remember her saying the fourth time I have went back and interviewed I just not the official records but um was that accurately what she said that night that's what I recall and my my notes are consistent with that so I think now whether or not that was actually the fourth time I haven't went back and verified was that you know that part accurate but it is what she said so and I know that she has asked that multiple times but I would have to go back and look at what meeting and that to get but I am aware she's asked that several times yes I actually I have my notes and I can share these um she it was stated on 57 at a special meeting was the first time 5224 is the second time July 10th 2024 was the third time and then July 16th so it's it's she basically provided the the same statement if you go in through the the emails you can see and then the when I went back and listened to it she states those dates in her message um but I did not go back and then connect each one of those dates that she that I just read that she states that would be um I don't have a problem with saying though it's it was the fourth time stated I don't either I I I think it should I mean if we had addressed her then it would be in here in the records I don't see the problem with adding that she has asked several times or four times before I don't see that being a problem okay so uh the minutes today um Tamar ballback resident discussed the city's investigation into 116 Jackson Avenue alleged an alleged City Records being falsified um she she's tonight I want to I want the meeting minutes to reflect that for the fourth time now this is my rough this is not verbal ba them that was generally what she said so I don't know the best way to to state say it but um city clerk do you have any recommendation on how to best represent what she is requesting if if you think I want the minutes to reflect this was the my fourth time requesting I can easily amend the minutes to include that sounds like what you were just saying MH okay or she stated and stated the minutes should reflect this was the fourth time something to that effect I think that would capture it okay do you need a specific uh language in the motion or or we if you want to do that you can I'd rather not I trust that you would I think get it you know get it right do you want us to bring the minutes back for approval or just go ahead and that sounds like more work okay I think it's helpful to have it tonight so you don't have to bring it back okay we'll do that okay and I'll share the minutes after after they've been signed and approved okay does that sound okay any further discussion on this so I guess looking I move to amend the the minutes to uh reflect the changes are city clerk discussed um about the four time this instance was brought up so she'll bring those changes to me before we sign and if count is okay with that I think we'll be on the right track that's my motion I'll second got a motion by mayor Morrison second by mayor ber Tim Kellum any further discussion will we be providing her with what she's asking since she's asked for it five times she wanted the record to to state four times and then making sure that the record reflects us so adding it to the um minutes is the accurate way to reflect it but how will we address what she's requesting she says the minutes do not reflect oh I'm sorry sorry she said uh that was what our city clerk said uh my as was that the records show that I have asked four times for the information on who falsified the public records so I think yeah tamarra balbec resident discussed the city's investigation into 116 Avenue uh for the fourth time she said that you know it was her fourth time I think if it said that and are you saying should it be fifth no I'm just I guess I'm asking um since this keeps coming back as a public comment um how do we address this her her request that she gets who gets the information oh I see what you're asking um I think we have uh for this for the minutes I think we can tackle that on the discussion item but okay thank you yes sorry I jumped ahead no no that's since I understand what you're asking now council member Willis I just want to be sure that we don't open the door for our first public participation of this evening to want the same considerations we've done this in the past and we've said no in the past I think what the council's taken it on a Case by casee basis um I tend to lean more towards that if it's if it's accurate and was said and they they wanted that to be stated um I think i' i' I'd support it and um I understand what you're saying so it's up to the council so we got a motion in a second to make the change any further discussion seeing none city clerk council member Davis four council member Jackson for mayor protim Kellum for mayor Pro mayor Morrison for council member Willis four okay item number two pass as amended we now Jump Ahead to the public hearing portion of the meeting don't we have to um approve do in the consent agenda now well I think that's what we did we just approve we just approved them as amended or we just we approved them with those changes okay gotta I'll double check city clerk yeah that's correct clear okay thank you mayor ptim I think we're good I think we're 1 through 10 um and so public hearings we are at 7:24 p.m. the first public hearing item number 11 is resolution number 20243 oops hold on adopting a final millage rate for ad taxes for the fiscal year 20 2425 on all taxable property located within the City of Cape canaver barard County Florida providing for an effective date here we go city manager yes sir uh last time the counil sorry last time Council spoke on the budget they uh Council agreed to adopt a millage rate that was below rollback specifically the general government millage rate of 3.2 Ms and the uh unchanged Library dependent special district rate of 0422 combine those two make a tentative combined millage rate of 32422 it is presented here for final adoption by this resolution mayor thank you okay so item number 11 this is second and final reading to pass the rate I do have a um so th this decrease getting to the page number here is the percentage the reduction in revenues um well I guess that would be shown on the what percentage decrease would this be I guess in taxes is it 5% roughly you have that information John like where we go uh well I think the millage well I would refer back to where we were at the middle of the road that was done last and then you went down to 3.2 so whatever the reduction um let's just go with the overall revenues what were the revenues on September 3rd 6.7 million and now at the 3.2 is 6.3 million so you dropped about 46,000 mayor I have this sheet from last time if this would be helpful we were looking at this last time I have that one as well too thank you so the total revenue dropped out of the U out of larm was $496,000 yes thank you so the 49 96,000 or roughly 500,000 is a what which percentage decrease well we'll do the percentage we'll do the percentage for you uh but coming down from where we were yeah is below roll back and 7% about 7% a 7% decrease from where you were in middle of the road down to where you went below the roll back what's the decrease right below below roll back cuz we're going below the roll back rate the roll back rate was three point uh let's see 2.3 that would be 236,000 below roll back and then the percentage would be be 6 3.6 3.6 yeah 3.6 below roll back okay so and then you know this is you could do a a reduction from last year's millage rate I didn't we could do it from um well yeah those two I think are we did it from the middle of the row but that was a difference from the proposed rate So 3.6% Below roll back below roll back is a is a is a tax decrease no doubt and I'm very very excited and proud and thankful for everyone who did this because I'm not sure are we aware of any other cities that's uh lowered their rate below the roll back not at this point sir but we could find out because they're holding meetings too yeah and I plus we do ours a little bit ear you know it's the 17th they might do their on Thursday by October I think we'll all know Oh by September 30th for sure okay um Council any this is a public hearing item we'll go to the public that was my question is just to understand the decrease uh roughly 500,000 I think and uh it was about half of that less than what was proposed prior so thank you thank you again any questions I yeah I just want to say that I am against this and by going below roll back we put the city in a really Financial sticky situation and um I just want to say that I was against it and I hope that nothing major happens any questions anything else okay this is a public hearing uh item so we want to go ahead and open it up to the public item number 11 on the agenda resolution number 20243 Mr City attorney do you need to read anything into the record as far as the public hearing item sir okay got it if anyone would like to speak please come forward and for those of you listening online if you'd like to speak we ask that you please raise your hand propose millage rate not see any hands raised with that we'll go ahead and bring it back to the council I'll make a motion we adopt resolution number 20243 I'll second that got a motion by mayor Pro Tim Kellum and a second by council member Jackson to approve resolution 20243 any further discussion seeing none city clerk council member Davis against council member Jackson for mayor protim Callum for mayor Morrison for council member Willis all right resolution 20241 13 passes 3-2 thank you very much much now we move on to ordinance number 12 ordinance number 19 2024 adopting the general fund and all the other funds which I'll let our City attorney take it away ordinance 19224 an ordinance of the City of Cape canab County Florida adopting the annual general fund Wastewater Enterprise fund storm water Enterprise fund Enterprise Capital fund special Revenue funds Capital project funds and agency fund budgets for the fiscal year beginning October 1 2024 and ending September 30 2025 providing for an effective date this is the second and final reading of this ordinance and it is the adoption hearing for the next fiscal year budget mayor okay thank you very much City attorney Council same process if we don't have any technical questions or any questions at all for City staff we'll bring it to the public hearing um this is it this is the final final vote is there anything city manager we need to know about in this change from last time no sir this is unchanged uh last time the the council decided to go to this rate and uh indicated an approval of a general fund contingency reduction to $314,318 to so this budget reflects those two changes to contingency to produce a balanced budget for you sir do you feel that this budget is going to be sufficient to get what we need done with what we've pushed out yeah we've get the the capital projects done can't say for sure what presidential streets is going to come in at we haven't bid that yet we might have a challenge with that one but everything else looks like to be aligning thank you ptim any questions before we go public hearing council member Jackson Willis or Davis any questions this is a public hearing item if you intend to speak please come forward we're going to go ahead and open it up to the public for item number or uh item number 12 ordinance number 19 2024 is read by our City attorney if you intend to speak please come forward and for those of you listening online please raise your hand and we'll make sure you're unmuted to speak on adopting second and final reading the budget ordinance number 19 2024 seeing No Hands raised or anyone coming forward we will go ahead and close uh this public hearing item bring it back to the council I'll make a motion we adopt ordinance number 19 2024 I'll second got a motion by mayor per Tim Kellum got a second by council member Willis any further discussion seeing none city clerk council member Davis four council member Jackson for mayor protim Kellum for mayor Morrison for council member Willis for ordinance passes 5 that is the first budget I've supported and I'm very excited about that thank you all very much of course I've supported budgets in the past just not all of it and so that felt very good and I I do appreciate it thank you mayor I would just like to thank the entire Finance staff um for an incredible job in adjusting to and bringing up the numbers and you know answering council's questions it's just been remarkable my whole staff thanks agreed thank you to the entire staff and Joey thank you sitting up front and taking some of those questions in real time head-on was greatly appreci appreciate it and special thanks to Joe and Cheryl in my absence um they were whole team was commendable the yeah their their actions were over the top they did a great job thank you [Applause] all okay so that is a big exhale uh and I guess now the work begins with it that this the cycle never ends so that brings us to uh the last well excuse me get oriented here uh item number 13 which is to provide direction to City staff regarding proceeding with the awarding uh the bid from Atlantic development of Coco for Oak Lane improvements in the amount of 86,5 $71.50 provide direction to City staff on proceeding with this bid city manager thank you right into the business of spending that money we just approved the budget um very grateful that this project came in under budget um I believe it was Tim correct me if wrong I think was around $830,000 and it came in at $86,000 which is terrific news this is the um long awaited project to provide storm water relief in an easement for the Mexican restaurant Lock Cantina as well as developed the roadway for oaklane which includes a storm water conveyance for all of those properties to the Canaveral ditch and a paved Road in the curban gutter to retain that storm water um the Design's been approved it was Bid And this is the successful bid but we did have a wrinkle because once this project became a viable project uh City attorney and Tim car Carlile work together to create an easement document so that the Mexican restaurant could execute the easement so that we could do the storm water Improvement on that property um we were under the impression that all wanted this Improvement and that's how the whole project started unfortunately what we learned uh was that the members of the ownership their um some siblings maybe I think they're all family four or five of them unfortunately one of them passed away and they're not too distant passed that meant that all of them could not sign the easement agreement which is required uh that person who passed away their estate was in Probate and they felt like they had an idea who that person would be that would be inheriting that share of that ownership and the City attorney has been in contact with that estate attorney I don't know if he's got an update on that but because there at this point we are unaware that they can actually execute the easement because they don't the legal Authority is not there because this a state issue uh we believe they want to uh so that kind of puts a wrinkle in moving forward with this project we can certainly do the project um and hold back on that portion of it and and Tim had estimated that that portion would be um $ 58,4 um we could we could proceed with that that's an option hoping that they come forward they execute the easement agreement and then we can keep that included but if they don't that means we wouldn't include it we would finish it without that portion being done in that scenario where the contractor is done um then the the owners let's say then finally come together with an easement agreement well now we don't have a contract anymore we've paid that contractor they're long gone um we didn't spend that money um but here we are trying to satisfy this storm water situation and rebidding that could turn out to be more expensive that that small portion which could represent additional costs so there are options the council could consider but be before I I say them perhaps we should go to the City attorney and see if he's got an update on the contact with the estate attorney no I don't have any new update regarding the status of their estate thank you one of the options the council could consider is of course just doing the project without that storm water Improvement and I know we don't want to do that because we all wanted to provide storm water relief to that property another option is to secure the city's Financial interests while still preserving their ability to get this done at a later date uh City Council could direct staff to move forward with the proposal um withholding the $8,400 for a period of time and this would take the City attorney to kind of massage this a little bit that that money could be set aside for a period of time to be defined that if the owners come together and can make the easement agreement happen that money will open up for them and if any cost overage they would have to absorb that cost overage so that's how we we could possibly live our exposure to any cost overruns then there's also the possibility that perhaps the new ownership may not want to sign the easan agreement ever I doubt that but it's a possibility and then we would just end up put that putting that money back into um the project fund so those are just some options we can consider mayor um would love to get some direction and feedback from the Council on that City Attorney question for Tim Tim Tim I mean is it is it possible to just approve the contract with the contractor and specifically sta in the contract that the work at lantina um may be deducted from the contract price if we're unable to secure the easement oh absolutely yeah in fact that that's been discussed with him I called him today and asked him these are our options um and as he said it uh he wants to be locked in uh to be able to if he does any kind of extension but uh for that section to come off he is okay with that because he won't be doing the work anyways so all that product and the uh the labor would be deducted from the total amount yes we can so the council can approve the full contract including the work at UH in the easeman area if the easement is not acquired then we can do a deductive uh change order correct we would obviously word the Construction contract accordingly but yeah so that that seems to me to be the if the council is inclined to go forward with the project the the best way it may be helpful to for Tim to discuss you you discussed extending now I believe there's a 60-day requirement by our bid documents from bid opening so that 60 days is up on October 7th we would have to make a decision that but that time frame could be extended by mutual agreement what did they say to that question okay so the the problem there with the contractor is you're right he can extend it with us if we say hey we need another 60 days to dwell on this and to see if we can get the seasman agreement so that we can execute the whole project as designed um he we could do that but he has subcontractors that he's already gotten prices for like piping and stuff like that they will only hold that price for a certain certain amount of time as well so the contractor is holding the price from the subcontractor so that he can get it at what he bid it in if that makes any sense so for us to extend it he wouldn't he would not extend it an extra 60 days unless he was actually awarded the contract as a notice of award so it would lock him in that he has the project no matter what um but with that um I think he said he could order all the items necessary to do the whole project but then a a conversation would need to be had if we don't think that if we want as as uh Anthony said if we want to take that section of project off off the plans and just do what we have until we figure out what's going on with this parcel of land with the estate attorney um that that conversation would need to be had before we do a notice of award just to make sure that we're all on the same page so essentially a 60-day extension they would agree to would give the estate issue 60 days to hopefully resolve it it it would and we would we would be going forward with this contract anyways it's just giving them 60 more days to resolve it right and and like I said with with talking to him he said that he could start at another side the west side of it um I do know that within this project uh we have a not to get into de real deep details we have a pipe that's down there already that we're looking to to to actually connect to that might actually save us a little bit more money um but if he starts on that end it could be a couple more months so we're looking at possibly 120 days uh until he gets over into the vicinity of the Mexican restaurant there's a couple strategies to help them with some months while they may be working through this estate issue that we could take advantage of but it would still require us to make a positive yes we're going forward um to sign the contract in order to execute I forget what it was order to proceed right and again if we go you know 120 days or five months into it and their attorney has not come to an agreement on that parcel of land and let's say even it goes a little bit further and and uh Atlantic development's ready to wrap the project up we will have to end up taking that part of the the project totally off but like I said it's got to be agreed with the contractor before we sign a notice of award what we're going to end up doing just so we're transparent and we you know we're honest with him so and so truly we have two different options here and that is executing the agreement with a potential start day 60 days out which will not have a financial impact that extending the bid 60 days will have because extending the bid means all of the costing in the bid can go up correct right what it would do is it would give us a chance to give him a notice of award to lock him in as a contractor and what he would do in those two months or 60 days would start ordering everything that goes with that project so he'll go ahead and lock that in with the subcontractors to get all the stuff and he'll just go ahead and hold it on his site until he's s submitted a notice to proceed and have a a written out contract signed and if the council's um interested in going that route we would know during the course of construction as we're nearing construction the last couple months whether this is forthcoming we can decide what to do with that $558,000 at that time uh we would be bringing a recommendation back to council if it's not resolved by then to maybe we could set this aside for a period of time and they would just add to it you know whatever the difference is is when it's time to do it so we got a little bit of time on that okay thank you all um what else anything I think that's it okay I want to make a mtion m Willis I I I have a question what are we going to relay to the property owners of the restaurant so that they know if you don't sign this what is the consequences I would ask Tim based on Council feedback tonight to inform them within the next day or two of what the council's decision was we do my understanding is the council does want to get this full project done including that storm water but because of this wrinkle we may have to have a contingency to be dealt with in towards the end of the project well I want to be sure they understand if they decline to sign the easement they don't have the the authority to sign the easement well but if they if they don't sign eventually sign an easement agreement do they I want to be sure they understand what will happen yeah the yeah so if they if they are unable to execute consummate the easan agreement the project will go forward without an improvement on their property but the city will not be responsible for the fact that they don't have that storm water they will understand that if they do not sign the easan agreement yes but we do need to talk about that contingency option if they are able to sign it after the project is done May Pro for Anthony what's a reasonable amount of time to give them I I have no idea how long the probate's going to be I know the attorney has has been engaged to work on it you know for lack of better terms it's a double probate in fact one person passed away and that interest went to an air and that air also passed away so now it's going to another air on top of it so that all needs to be worked out I'm a little puzzled by is this are you asking the council to award this contract tonight um we're asking for feedback I'm asking for I guess Direction and if they want to yeah pretty much Direction and if they want to approve it then that's up to them well I mean because you have all of the information in here and I'm not clear it talks about Direction regarding the awarding awarding of the bid and the cont and a draft contract is in the agenda item so I think we need to have Clarity on what what all staff is requesting of council you know the the the the the work at lantina as I understand it obvious the city needs to get the easement from Mar discussions I'm not hearing any push back with those interested property owners that actually are alive as just there's a wrinkle with one of the former Property Owners right I think it was because there were options involved what what I'm not there's there's different scenarios that could play scenarios better scenario I'm not clear because we've talked about this a bunch so if you are requesting that the council award the contract the only question mark is whether or not the city will um do the work within the easement area right assuming we get we get the easement correct so if if the the city doesn't get the easement the city can't do the work on private property right so my point was when it's time for that work to be done if the city doesn't have the easement it gets dedu DED it's a change order that deducts the total contract price and that gets written into the contract correct okay so if the easement if they approve the council approves the contract in total here including the work in the easan area if the easement easement is acquired right the contract contractor just does the work and it's include it's already included in the contract what I'm so so I think that's how you deal with this issue that's fine I think it becomes really complicated well what happens if we approve this contract we don't have the easement and the contract is all done with the rest of the work at that point the contractor assuming everything is complete is released why on Earth would the city then want to give any commitments whatsoever to La Cantina to to do an improvement on on their land and then it just seems like the timeliness of of it all just didn't work out for them right now unless the city them requires or thinks that they need to do that for the benefit of of of the city in some in some way then I guess the city can take up the project at a later date but if that's only benefiting their property and they just can't get their act together in a timely basis why on Earth would the city want to keep an open-ended commitment about funding a private project right that doesn't seem appropriate City serves does Municipal purpose spends money for a municipal purpose City doesn't spend money for private development projects unless when this started out in 2019 the idea was to because of the North Atlantic improvements La Cantina got flooded um probably three or four times um because of where it's located how low it is from the road and everything so how can the city stop the flooding to help this business and it was brought told to me that we can't do that to fix the flooding problem unless we pave the road and do the Wastewater down the road I mean the storm water down the road I agree that I think you know I I think if we approve this with it behooves them to get this signed and get it moving it only improves their property um but it also gives relief to all the people down that street and um so I think what you're saying Anthony is just go ahead with the expenditure and then if they don't have their act together by the time it gets to where they're at then we just deduct that amount correct forward way to go get the oak l project moving along rather than just keeping a bid open-ended I have a question Jackson thank you I have a question for you um City attorney and this may be getting into Li that you're not you well I'm convinced you know it all but anyway um as that lock Ina participant that we had the double probate on uh the executive of the initial probate um estate wouldn't they be able to sign in the interest of the estate the easement along with the other owners for law Cantina I'm not sure I have to talk to the probate lawyer um I had conversation with him and it's I'm not sure if the first executive is the one that passed away and they have an issue there so I mean there's some complications I was informed though that they are working on trying to resolve this um expeditiously so that's all I can really tell you okay I was just curious because I literally just got assigned as an executive and we've gone several down the down the road several people one was initially then we found out another one was in there we didn't know about and now it's gotten passed down to me so I was like there within that secession it you know based on how they set their the will and the estate up they may have that defined if there were trust involved in that kind of thing so I was hoping that we might end up with them finding that out sooner versus later because they can't move the estate St forward without having that line of secession on the executors I think if the council moves forward with this I mean that it would behoove them you know the church find if there is some other inter term solution right to about the signing of the easement and as Tim said because Tim's had a dialogue with the living um not to say that you can't speak to the dead but he's had conversations with the living and there's been no push back from the other three um that would need to sign this this easement so you they might be able to get this resolved in time right before this contract is uh completed by the contractor okay thank you I have a question oh sorry I have a question for Anthony so would we be okay to say that we approve this and then put exceptions like you know conditions if it wasn't signed and all that would we be able to do that to say we approve the project but conditions daada the the the condition is is just something that happens all the time in construction sometimes work that was in the original plans is decides that we're not going to do it it gets deducted right but we don't have to have change there's a whole change order it would be a CH it would be handled as a change order in the construction process we don't have to have that in our order well it it we we I probably would add some additional language to you know to the contract to to call out you know a specific um potential deduct regarding the work at lantina you know contingent upon whether we the city acquires the easement or not so that's what I was specifically understood many change orders add additions and deductions occur all the time in construction contracts some of some of them are not you know predictable at the beginning and some and some are some are like Alternatives right I just thought because we do know we should put it in there that that way we're covered yeah I've done I've done multiple projects where I've actually gone in there and known that it was let's say they bid $900,000 and immediately I start doing a value engineering on the whole project and that takes a change order to make it you know lower a lower price so yeah we do them all the time sometimes you end up having to do additional work that you didn't anticipate and as a result then you don't have the funding and then you have to figure out what you're going to deduct right in order to do the additional work so it becomes fluid once the contractor starts doing work right yeah I'd like to see a construction or large Project without a change order that would be more a uh yeah that that that's on the extraordinary side of things most of the time I would just I agree with uh don about you know letting those people know this is what we're doing we're moving forward and you know when it comes to when the construction gets to your part if it's not done it's going to be deducted and I I just think for transparency they need to know what's happening and maybe Mo put a fire under their feet to get it done now are you speaking of the property owners or the owner of the restaurant well it the property owners okay we need them to sign I mean right Mr Mayor yes sir council member Willis I just want to be sure that we we've set expectations properly and so that they know so that we don't have Property Owners coming to us later saying well you were going to do this you didn't do it well you didn't do your part so just so that we're clear on expectations what is required of them oh I agree it should be in writing and and out there for anybody to see absolutely work with Tim he's been in Communications with the living and I'll uh yeah we can coordinate a communication to those people plus you know we'll reach out to the lawyer as well and advise him that you know the timing of this is uh you're around the clock so do we need a motion or how do we do this well I think we to do what though um as to move forward with the to award the contract to to execute the contract will there need to be any revisions prior yeah I would just say um motion to award the contract to um Atlantic Atlantic um authorize the city manager to uh execute a Construction contract with um the City attorney modifying the contract to to address the um easen as a possible uh um I'll make a motion that we do what Anthony said yeah and I will second that motion okay got a motion by mayor per Tim Kellum second by council member Jackson any further discussion on this City attorney any other things you need to say city manager no sir city clerk that motion that the City attorney can yeah yeah get it great okay call the role please council member Davis for council member Jackson for mayor protim Kellum for mayor Morrison four council member Willis four all right thank you Tim so that concludes item number 13 we are now to uh the second item for Action which is uh the consideration to designate the city staff member to work with The Bard homeless coalition's House Bill 1365 advisory Council got to hear that presentation earlier from Amber city manager any um well as as I understand it that we we don't have a whole lot of a dog in this fight um and the request was either for the city manager or a planner to be on this um Council and because we know Kyle's leaving we're going to be hiring a planner and uh there's a lot of new staff in Community Development Department certainly I've got my hands full um I I don't see a reason for us to appoint somebody we we got staff that needs to get their feet wet still I appreciate you saying that and I think that if the time comes is there window that we would miss I once they they become active perhaps they could agre ask the question in a year thank you council member Willis Mr Mayor I think U that that organization would welcome participation at any time okay so if they understand that we do not have the current bandwidth because of uh the number of people that have left that they will understand and they would more than welcome us to participate later thank you that's good well I think we keep it in front of us and we certainly cause if there is a monitor the next meeting if anyone happens to learn maybe we can find a time that works best for us but thank you is there any further discussion on this cons it's it's consideration uh to designate iume we don't have to take any action I I is it okay if we record consensus of the council that we be uh not appoint someone this time because of the bandwidth and we'd be glad to entertain the the idea again in a year I'm fine with that I was thinking a little less than a year than to check back in but why why don't we why don't we make it the beginning of the third quar or fourth quarter beginning so July yeah July of next year okay we can record that consensus thank you thank you yeah I'm good yes council member Jackson no I said I'm good I just wanted everyone to make note on that hand that is of homelessness you see right at the top the big picture takeaway related to Florida HB 1365 the bottom second from the bottom bullet point in the presentation yes and I just want um us as Council to make note because we have discussed this with the live local act and that is the 120% of Ami which is average Medi medium income does not fit the demographic of this population and that's one of the points that I've discussed with live local so they are literally pointing that out here and when I saw that I wanted to make note because that would the 120% of Ami would make it to where someone around $70,000 to $75,000 a year is getting subsidized affordable housing and that doesn't help our service Personnel that doesn't help people in this area that um are trying really in really hard to live here so as we look at going forward with them you know I just wanted to make sure you all saw that and were aware of that because the fact that we really want to help our service personel and they are even pointing that out here that it doesn't fit our our homeless demographic care so just want to let you know it's thank you we are a city indeed but we're just a little different you know smaller and some of those thresholds um but I do appreciate this data and and you know reading through it and see it and there's while it did seem a little Grim at times I did see some improvements through there it was good to see the the the homeless uh veteran homelessness um decreasing from 65 down to 52 um but every single one of them would be good so thank you any other discussion I think we still got to call the is did you get consensus do we need to take that I don't think we I've got it we contact Amber okay no one's opposed to that's great thank you okay so that was the last item for Action number 14 last item is number 15 update to the special council meeting um it is 809 p.m. I would request a 5 minute at Le least recess and uh if we need longer we can but I think a little bit little bit of time here to transition and we'll uh hopefully get out of here soon as we can thank you so yeah it's 8:09 let's 8:15 even though I failed that earlier sorry was e e e e e e e e e e e e e e e e e e e e e e e okay okay we'll get started here in just a minute that's all righty city manager We Ready to Go sir I call the meeting back to order it is 8:23 p.m. we are in our September 17 2024 regular city council meeting and we are on agenda item number 15 our only discussion item tonight and the end of the agenda I did not say that I call the meeting back to order and uh Mr city manager yes sir so we did provide the update here um the in newly included information um is in there so um as we stated for the first part um item one we do have a new building official he'll provide the statement about the project completion when it's complete um kimley horn report was was already done back in April request the plans from FPL and FPL completed their part then utilizing engineering report above exercise available remedies the City attorney has been in contact with the attorney representing Cape 3 LLC and City at the time of writing this the city manager has offered to meet with the owners of Filmore Town Homes I did meet with them and the mayor was with me too and we met as well and we gave them the full status update of where we were on everything um and got their their input on what their their desired outcome was and the City attorney was working on the demand letter from there also informed them that we had been directed by city council to inform the contractor that a demand letter was forthcoming and that uh what the contents of that would be as directed by the city council last time we talked about this so that that um that was stated to the contractor um the City attorney can can talk about the demand letter if he wants to I I don't know if I don't know I'll can't comment on that at this point then the city manager and City attorney to present any findings opportunities and ways to city city can improve our Community Development Department um this one we presented that and it includes forthcoming standard operating procedures uh as far as uh Jackson Mayor if you'd like me to go on to that yeah just to make sure we're on the okay so that everyone that's on the same page here okay yes city manager okay and on item one was provide a report showing all action that was provided um earlier and still available create and distribute administrative procedures review by our attorney complying with state law and that will be the administrative procedures will be the standard operating procedures which um code enforcement department is currently working on those will be forthcoming for city code enforcement employees provide a listing of certifications and training that will was all done distribute a monthly bsna report of all open Code Enforcement cases that has been continuing for I think 3 months now it's been put out there and finally present any findings and opportunities to be distributed on ways we can improve uh code enforcement department uh do have an additional uh entry there uh due to lack of substantiating evidence the entry under 5423 staff received a complaint while conducting the site visit from the owner of the thrift store regarding the filling of the required soil has been stricken from the code of Officer field not record um and there's an asterisk and a note in there that states why it was stricken was because there wasn't any substantiating evidence for that uh moving forward code enforcement staff will document all violations in compliance with the date and time stamp video photographic or other appropriate evidence as applicable prior to creating the record so that that's where we are on all of these items um still trying to um dig into a little bit more of of the audit records um for Jackson and when things were put in and and uh by whom and um talking with the mayor about that and also our it manager see what information is there um to be gleaned we do have a code enforcement officer who's no longer with us who stated that he's the one who put that record in there on the that entry about 524 23 but we're also trying to see what we can see from the audit Trail and any kind of crumbs left behind digitally I guess that's the best way to say it about uh when that was done so mayor that's a a quick recap of the whole item you Council yes council member Jackson um have we engage the vendor to to look at logs on when things are entered because all of that's recorded systems usually um yeah Mike is has been in contact with them um to understand some of the limitations and also some of the capabilities and and he was talking with the mayor and I about that um just recently I'm was the vendor consulted Mr Mayor yes council member Willis I have a I have a question about Filmore um do we have any sort of a timeline on the are we going to put any sort of a timeline on the uh letter demand letter happy to talk to you off record if you would like to thank you yeah thank you Tim Kellum um we got an email today um from Miss Berkeley um in that she asks uh about a black great um uh it's supposed to be a cleanout what is its P purpose he wants to know can it be moved do we have anything we can answer her back on that um is it pity code are we we are not opposed to it being left in its current location do we know anything about that Todd I believe I'm not an expert in storm water but I believe that's probably a yard drain or a cleanout that was put in and I would I would um prefer that we we send that question off to kimley Horn and let them give a recommendation on that okay and then she asked for a letter and writing that their reclaimed water will be um included in the Filmore storm water project um and and the a irrigation systems need to be separated would that be something the city would provide her typically we will provide a um a reclaim water connection um upon request and and payment of a fee for that and I believe the owner did that when the previous owner of the property um got one connection and I think that was the concern is they wanted four connections or they want four connections not just one so I mean we never do anything of that for free for somebody upon request we always do it for a fee uh what we talked about in our meeting was if the Filmore Avenue streetcape project gets approved there likely going to be a reclaim water comp component of that and we heard uh that talked about tonight that um I think that would be the thing to do it's just instead of having the reclaim water only on the south side of that street also make it available to anybody on the North side um but any connections to it for any of those Property Owners would have to be treated the same as anybody else it's just about making it available they'd have to pay to connect to it but she's asking for a letter in writing that says that you guys won't forget about their storm water I mean their irrigation systems being separated what we won't forget is to make sure it's included in the Filmore Avenue street skate project design okay thank you that water is on the south side only but the gentleman on the are the Filmore property has under the roadway from the south um I that's a question for June and she's not here probably yeah it's it could be that it's a reduced pipe size that went under the roadway so you'd be reducing flow to everybody then and the of the four so you want the larger pipe size brought to each property okay but I'm not certain of that mayor that that's the case that's um and I know that I don't think that's well that circumstance happens I think a lot those types of projects for yeah you get Town Homes you get one one owner who wants it and um nobody else wants it or at the time he owned all of them and he just wanted this one so we did what he requested at the time thank you do we know where that location is for that black crate it's in the yard between the two duplexes okay thank you you don't know if that's a cleanout maybe a cleanout it may be just a yard drain an inlet for surface water I'm not not sure it's been a long time since I've been out there I remember it being a drain a yard drain I think Sher referen it could be a cleanout didn't she reference that in her letter yes so if it's not a cleanout it's just a drain then it's a drain I think we saw photos it sits high yeah and uh there's some photographs of rain or maybe even yeah video or at least a photograph I recall of it going around it this the one that was 12 x 12 That was supposed to be 24 by4 I'm assuming that's maybe that's the same thing that's what I was wondering because that's literally not part of the city's system right because it's up in between the houses yeah it's it's north of our north of the property line so if if that's indeed that that 12 x 12 that should have been a 24x 24 that's part of of the compliance with the original design issue ccil member Jackson I didn't know you would as the last question have did that anything else well I just asked ear I asked earlier in the meeting you know will we be able to provide Tamara mobach who's asking for the documentation of that ticket that was entered who entered it I know uh city manager just said that that information is being worked on by Our IT guy and the vendor we're in communication with the mayor on that as well okay is there an update on the email that we received in regards to um the proposed Solutions regarding the drain in the driveway and some of these things not yet B more do we have an idea when we will look at what look at those options that were provided okay thank you okay council do we have any more questions this time got a few things I I just want to say um thank you for the update the these items have caused a lot of pain and the the one thing that I I would never want is that it was applied to the you know the wrong person or that that you know we do have real victims in the world and we try to sit in the role as a governing body and be responsive to citizens businesses community members our contractors developers all the parties and do it with a team of City staff and our city manager and I do want the record to state that um I'm extremely discouraged on the reality of the update of the majority if not all of these records um yes there are some things that have come out uh that have improved I think no doubt and I'm I'm grateful for those and I've appreciated the city manager's efforts and actions taken within some of those spheres to try and really create change um and then second is I've seen actual changes in uh the work product uh in bsna I've seen improvements in um um agendas that come out um around Community Development and I know that there has been uh some changes obviously uh not only Personnel but just administrative I think this Pro this uh agenda item from from January has um no doubt provided I think a lot of positive things but on the other side I do want to recognize that I know it has came with pain for all of us in different ways and some of us share those ways and and today um I celebrate those wi winds and I want to see those continue um but from from my seat looking in and out we we have a lot of work to do and things that I felt and I knew was stated to me for years I mean going back from the beginning and I think we've all endured in different ways about and this isn't across the board the city it was in specific departments and obviously those those imp those things should have not happened and today I still struggle to get what I believe is very reasonable information that after n months coming on a problem that was put on the agenda that was happening for a couple years it got to that point is that I am not where I hoped we would be and far beyond that July was the time where I said you know I I hope we're done with this I think we have been patient and the final stretch there's some blocks to get across that does not make any sense to me and so my plea with the council is that you know I am working as much as I can with the city manager in on this but my feedback to you because I don't get to talk to you is I have not been very satisfied with the outcomes of the majority of the items in these updates and that's the cold hard truth from the the way it was presented in many respects in certain sections has nothing to do with with quality work there's there is um there's a lot of issues that were brought to my attention out of this that I'm concerned will continue if we do not talk specifically about what those are as a council and so the big thing that that I have not I think received is a clear answer to some of these questions and the ability then to take that and to make sense of it and so we've asked the coun or we've asked for some direction or U take action uh city manager and the city attorney's office um I believe we we heard the updates tonight on where those are but my hope is uh you understand with the limited amount that we have to talk that how am I doing with this it's not going well for my side so with that being said um I think some things are underway we're going to have an update but between now and October if we don't have some significant resolution to to these items I think we need to ask ourselves why that's there's that's connect this is connected to a lot of the responsiveness and the issues I think that we've we've struggled where we turned things in and then they don't get resolved and the truth is we have to do um our jobs to be as responsive to the to the residents in the community as we can and it's eight or 10 problems have kind of the same ones have occupied the majority of the seven years that I've served and it's been it just it it's gone so so long that my Hope was we'd take these and we can we can clearly identify the problems and I I haven't been able to clearly identify the problems as step one with with the Avenues that I have and I am thankful for the city manager um City attorney IT director and all parties who have been involved but some of the answers are well we we just can't figure that out and so with that being said you know Miss mck's comments around records being changed I've seen records being deleted with no ability to see what was deleted I've seen records being created with no ability to see how it was created or what was created we have discovered that we can't see prior versions of documents and in a government organization I don't think that's where we want to be there's been very critical do crucial documents that were evidently printed that have that are now gone or disappeared that's unacceptable to a certain extent of course it happens um but under again these circumstances uh those types of problems continue and it really leaves me really nothing to work with and I don't know how to say it any other way so um thank you I would like to set there's more things that need to be said or want to be said we certainly can but I don't want to say unless this Council wants to engage more or has more questions um I would like to set some sort of expectation between now in in the next meeting and I'm willing to put the time in to make myself as clear as possible to the city manager if this Council approves I will go and work one on-one with him but it has to be understood that his time there is time away from other things that's the reality that I don't take lightly and so um if I had the opportunity with him City attorney to work through and potentially a city engineer or whoever else in the most transparent way we can the issues I think we are at that that final stretch there that we can come away with something that's that's going to allow this to move forward but my challenge has been I don't have in them all in the same room room and I'm not blaming City staff or city manager any of the parties for that I'm saying um I would not want to be in the room with those with the amount of time that I think is going to be needed without the blessing of the council I'm not going to go in on the back of the January meeting and say 5 uh Vote or consensus was taken but the part of that consensus was that the city manager has the necessary resources to find the answers and the answers I've got today are essentially we've reached our skill capacity and this is as far as we've got I accept that wholeheartedly but we have to I have to talk through that and make sure that's the case I did get a chance to meet with the IT director and city manager today for I think about an hour some progress was made there that was very enlightening but again there were problems that I think um might take us longer I don't know uh the path but potentially if there's funding to even go and bring in outside help uh bsna if their time is needed to verify some of the records some sort of budget um maybe it's $1,000 seriously or $5,000 to put um and if the city manager has that uh today to spend I just want to account anything that that I'm suggesting with the council and so um working with bsna for and and potentially the city Engineers I know both of those have hourly costs for their time usually that's it um I think that's a reasonable next step and My Hope was that we would actually call a special meeting out of that meeting and provide an immediate update of some sort to the council before the the next um before the next meeting in October but for tonight um I don't think it's a good use of time to go back through a lot of the issues it's more about for me I think I've explained to the best my ability I have EXC me I have a problem with with spending money our budget we just I mean we put we have very little in contingency and Reserve so I have a problem spending money on that I'd like to know well one I haven't really heard or actually you you're stating that records have been deleted created and do documents have disappear excuse me disappeared I would like to see documentation on that where you're getting that um and I I just I have a problem we've spent a lot of money on this our budget we don't have that much extra anymore so I have a problem with that um council member Davis documentation on that statement that I made prior you want some some proof to what I'm saying yeah I've never seen where where documents have been deleted or created or uh disappeared I've never seen that so I would like to know where you're getting that information in bsna if you click on the audit function um a few clicks it shows a trail of what's happened and one of the trails I won't get it right says things like um an inspection or an enforcement record was update updated or letter inserted I've seen that letter deleted those types of things um when you click on them you can't see what was uploaded and what was deleted we're still thinking about other ways to find that out but until it it's that's an example but that's what you're referring to then okay I I didn't know okay uh yeah that's that's one example um there's there's other examples um and I but I don't think if you want me to go through each one of them tonight I don't think no I've seen that in BNA and as far as the contingency goes you said we don't have a lot of money I I don't know what our contingency is right now do you well they said said the other day it's okay I yeah bottom is we said we don't have a lot of money we have the last financials we have is completed only takes us I think through July so I don't know what we have in the bank but I just literally said a th000 bucks and and that's that was kind of to gauge where I am so um thank you yes council member Jackson sorry um as someone that works with systems I know that when this system was implemented it was during the pandemic and training was remote that's always a challenge I was in corporate training as a master technical instructor for many years the biggest challenge I had during doing those things was moving from a classroom where you had your students with you and you could participate there was more participation uh questions fed off of each other and you were aware that your students were listening and that kind of thing um when we implemented this it was one of the most difficult times we had seen in our lifetimes as far as having a strange situation with this system so in my opinion we should have done follow-up training by now because it was they were train everyone was trained on it under some of the most difficult circumstances so to me it makes total sense to spend some money on this because not only can It help with this situation it can also help us identify if we're using or utilizing the system incorrectly or not utilizing the system to its full benefit those things will be identified as well as anything that you might need to find here that we don't know how to get to or we need a a special person like Our IT director that has access to that specific section of the system there are lit literally places within the system you can get to things that no one even knows those places in the system exist unless you're a technician that's certified on them and things like that so I think it's a good idea to look at going through this process because we could learn more about ways that it'll benefit staff for us on utilizing the system as well there's a lot that you could learn besides just trying to find how this document can't be found or how that one can't be found um it could also identify okay these are your steps to find on these things each and every time and this is something that we missed and we didn't go over that and training or didn't go in the detail that we did or everyone was simply so stressed during that time which was high pressure for everyone during the pandemic that they didn't pick up on that so I think giving um giving the vendor the benefit of doing followup on this particular item which will help us um it could also help us with other other uh points of utilizing the system thank you mayor um in my opinion um I think that you know instead of us getting this every month because you are the mayor and because you've had more access to the residents the people involved the building officials the um city manager the City attorney maybe we could do an agenda item or a discussion item where you list your frustrations and the things you found that we need to fix with a code or a policy or something um because you have a better understanding of the whole um you know the whole thing being that you have talked to you know the Hearst and you know everyone involved and have had meetings with Todd and and Anthony and whoever else I just think that I feel like we're just talking and talking and talking and we're not getting anywhere so I mean if you listed your frustrations the things you found the things that you think would help and brought it to all of us to discuss that would really help us understand and and take your suggestions and you know put it up with the council see what they say PE you know we all have good ideas and good suggestions but I think something like that would help us at this point not to re you know rehash the stuff know where we're going okay this is this is my frustrations this is what I found you know and this is my idea on how we can fix this I think that would be a great um discussion or agenda item to bring up um so we can take all this in and move ahead you know get somewhere from where we are um and like I said you have more knowledge of the whole thing than you know all of us and like you know you said this is the only time we have a chance to talk to each other so if you brought it up if we brought it up in a discussion item or an agenda item and said you know and at the end of this this is how we're going to fix this um I would be you know supportive of that just my opinion yeah I think um it's certainly just my view but I would I'm going to continue to to see it through and if that requires staff's time to that level but your point to the time in these meetings that it's taken and I think I would give from my seat happy to provide just going down the 10 items sort of my opinion right legislatively as one of five right and then share it with us and then we understand where you're coming from and what you what you've observed and found out I think that would help us you know if we but wouldn't that undermine it being a public record if we're doing if we're being updated via email or are you meaning in a meeting Kim yeah in a meeting in a meeting just or how yeah however they want that way we have it off the agenda I think yes if if if I'm working which I have been working it's uh but we've gotten to that point of of where I think it's time to talk a little bit more I would like to have when ready just call a meeting and we all try to make that work and be flexible once we have that date hopefully and it needs to be you know a meaningful update not I got one update but between now and when that day comes call a meeting we come together and uh try to provide my perspective and opinion I would love to hear Solutions because so far I've heard we've talked about this we don't have all the information yet still nine months later and we absolutely have no solutions to making sure this isn't happening moving forward and we need Solutions at this point I think the citizens want to make sure that we're we're good and make sure that we got cohesive policy policies and procedures going forward which I know they're working on theop um city manager do you have any Target datea on that sop uh I would ask uh the Community Development Department if you have an update on that thank you Mr Mayor yes council member Willis um if you're if you're going to have meetings with the city manager and City attorney I would just encourage you to completely articulate all your concerns don't hold anything back put it all out there so that they can address it they don't have any misperceptions of what you're asking for but just put it out there um give them the ask tell them what you want oops sorry um I also think that uh we we should be able to find the funds to do any additional training or upgrades to bsna if we need to I know that uh I'm pretty confident that bsna probably has a versioning uh function where they can where you enter a ticket and then you can version it you'll see everything that has been put into it checked in checked out what has been added what's been taken out or it keeps it now again we all know that in bsna there was working documents that were put in the wrong places the these shouldn't be part of a public record this is somebody trying to get to creating that public record so we have to we have to somewhat uh I don't want to say discount but uh we have to be cognizant of the fact that maybe some of those deleted items were just nothing more than a bad attempt at fixing a a document and it just got deleted so you know that without a complete versioning and a snapshot you're you're really never going to be able to know exactly which was what um but I would encourage you to in your meetings to just be very forthcoming with all your concerns and uh just very open honest and blunt so that way we can get we can get to answers because everybody will know what your concerns are I know times I've met with the city manager I just go ahead and lay it out there and he'll either shoot me down or agree with me or you know suggest another Avenue for me to to take but uh um don't hold anything back and then I I just want to correct myself I thought when you were talking about BN bsna I can never say that you wanted them to come in and do investigation I that's why I was saying I don't you know really need to spend money on that I don't have a problem with spending money on training or whatever I misunderstood what you were saying so I just want to correct that yeah not not even an investigation um just um optimizing the technology using it in its fullest IE which could be done completed through training for sure thank you no I understand and with that you can get information about auditing what has occurred within the system and we should have that due to Sunshine laws and public record requests and all of those things so those are things that could definitely be something that we're just not as an expert at yet because of how this was implemented and a time frame but it could help us identify things with this and give us the skill set going forward where we can actually make a difference as a city by utilizing the system correctly and if there is something missing or something that happens being able to find where that is easily and identifying it yes it it's not even our ability to to do these things I think will reward us very much in the future to provide Rock Solid evidence to defend um our positions in the city and so I thank you all um for providing comments and and feedback on that so do we think it needs to be on the agenda every month still or do we agree that um you will meet you know know you'll meet with city manager or whoever and then the information will be updated as needed or as it's my recommendation my perspective tonight if you want to hear a live perspective on how I feel is I think I would like to call a special meeting between now uh and before the next meeting and in between that now and that meeting I would like to conclude all of this of as I see it to the uh from my perspective with as much information as I can um and the way to get there I think is through some time with the city manager and potentially City attorney and and Engineers um absolutely there's she might have some really good suggestions on how we can are you going to be able to have all of that information for the special meeting I'm just you know if we stop putting it in here and make it an agenda item that okay this is it or a special meeting but have all our ducks in a row for that special meeting and I would like to suggest that when we get if you can get BSA bsna in there with in your investigative meeting um or maybe a follow-up meeting prior to the one that you would have with us please talk to the account executive who will have the technical support people available for you to help get some of those answers about how we're utilizing the system and how we would be able to you know get the information you need and make a better uh and utilize the system more efficiently thank you so do we need a motion on this this is just a discussion item um I think no I think consens oppos what we said is what we said no one said you know anything excessive here um and and I think the city manager um's first um statement of I need to work on another higher priority item is something that I'm obviously there's things that are more important that need to be done and so I I would not get in the way of that but I trust that he and I could at least find potentially a day to to work together and to try and and get this uh across across the line okay so what I don't think yeah no action it needs to be taken on this um that you'll meet with the city manager and the appropriate people within the teams to be able to move forward and then we'll schedule a special meeting after your findings yes I think it's important that we know uh that a meeting should follow shortly after will my goal would be that it's not on October but we would have one more meeting prior that's fine but at any point obviously any one could put it on the agenda um but respecting I think that yeah I mean that's um that's 10 months in so um okay well thank you city manager I think it'd be very helpful for you and me and the City attorney to meet um just the three of us for the first part of this just to make sure we can articulate exactly what we're requesting here in in actionable statements so everybody's very clear and then from that we can set up perhaps a meeting with the city engineer and perhaps a meeting with IT director and somebody from bsna I mean I don't think kimley horn needs to be in part of the bsna thing and likewise bsna doesn't need to be part of the kimley horn thing but if we could just the three of us meet and just clearly communicate and write down what it is exactly we're looking for for the deliverables to get out of this situation this entire January 24th what does what does a wrapup look like because I have answers to these you know seven questions that kind of a thing that'd be helpful a good place to start prior to the first thing we do to okay suggesting uh goals I guess outcome goals and outcomes yeah defining them my goals yes and I would let the 10 items I think each one of those going down my goal would be that we we work through that order and there might be go goals around that but agreed um I think that would present well and make a give us the ability to to close out um okay well uh any other comments on this uh item I do appreciate uh again the council weighing in and um we will I think hopefully make progress what want between this 30-day cycle and the next and um yes maybe in the year with some some solutions um okay any other comments City Manager on this item no sir all right we will go ahead and uh move on to the reports it is 912 what now reports is usually a time where we we talk about things in the community I know we haven't done these at all this year so SOC Please Mr Mayor yes I've been contacted by a number of residents regarding uh trimming of vegetation along the property particularly the city's property and the that on the dunes sir Dunes yes um I'd like to ask if we could uh get uh staff to investigate look at our Publications our uh things that are current on how we can uh work with the residents who want to trim some of that and look at other Beach communities and what they are doing because we had an incident where the city gave permission to trim some sea grapes and they went Way Beyond what they were supposed to do um I would like to get staff to work on something that uh gives a policy and procedures process and maybe maybe if uh they come back with a recommendation maybe an ordinance or something uh that creates a way that we're not going to get in trouble with FD and the citizens that want to do some trimming or maintenance of sea grapes or mangroves or whatever um has a process and we the city can control what they're doing so that we don't go a foul of any regulatory agency or do anything that is environmentally unsound uh if Council would support that I would like to ask the city manager to direct that if you would I could clarify mayor I believe the the it's a two-fold request one is to look at all current documentation regarding Dune vegetation so that could involve everything we have from our seag grapes um guidelines to our Turtle protection to Turtle lighting to you know hurricane hardening of the shore all that stuff everything that we've currently got currently published out there and we're promoting but also what are other cities doing who are challenged with this same question of trimming vegetation on dunes there's several cities south of us here that I've looked at the property praisers website and they've got city property out there just like we do so we can certainly ask them what they're doing what what have their been their lessons learned and if that's the request of council we can have u a return of that um research not only what what do we currently promote for our Dune that re that is about vegetation what are we already telling people long history about this but also what are other cities doing that we could learn I know we have Publications out there about Dune protection about SE Wildlife sea turtles sea lighting uh regulations I think we should bring it all together so we don't miss anything well we we have a number of residents who are concerned about uh people camping in the sea grapes I've taken photos of what looks like campsites um and they're they're concerned about safety so let's let's include that that prism as well if we're looking at it mayor is there consensus for to bring back that research i' okay for myself okay okay thank you I would like to task that to community Economic Development I will not be at the staff meeting I'll be my with my wife all day tomorrow but Mia will run that meeting and make sure that gets tasked to community Economic Development thank you Mr Mayor yes I have one other thing um I was recently appointed to the district fdot's district 5 safety steering committee um and I'm the only repres representative from Bard County so I'm looking forward to uh advocating for the City of Cape Canaveral with fdot and uh making sure we get what we want in addition to to a lesser extent but nobody heard me say this in addition to the rest of roard County so but my focus is going to be on Cape Canaveral thank you thank you you the rest of the county loves Cape canaval anyways they're jealous of us okay uh just doing going down the line reports council member Davis Jackson well as I I said earlier I'm so excited we made it to this section I've had reports almost every month and I've been um so I have a couple of things to report I have been working with um our um director of it as well as uh Zach and city manager um on uh working to make sure that we have a cyber security plan in place which is it is being required by the state of Florida on January 1st and in looking at that I've obtained a certification I am providing information to the city manager we are going to be meeting at some point along with um Mr Deo um the IT director and also um Zach so that we can take a look at moving that forward it's quite detailed and there are State requirements that are in place that we need to be aware of so just so you know I've been working on that that is as a result of the um Symposium that I went to in St Augustine that you all approved me going to um so I've passed information off to Our IT director he is now in the certification program through the state as well so that he'll become state State Certified for cyber security covering our city so that's one of the reports it's going to be quite detailed this is not an easy process um it is a lot of information took hours to go through the courses and it's going to take him a a lot of time but he's very excited about being involved in that so that's one thing and then I've also been working with um our City attorney and our city manager on some updates that you all will see in the October meeting for live local thank you Pro Tim um I don't have any reports I just have a question have we heard anything no um we we haven't re-engaged with them for some time on that and and partly that's because there's a lot of uh things going on with the Lifeguard program which I understand that's part of the budget this meeting this month um and frankly I'm glad that we're not involved in that argument right now about the lifeguards I was hoping to let that whole thing kind of settle and then we could re-engage with him after that the live local my report I just want to work backwards uh there was some talks about time running out um I spoke is are we tracking that are we okay and if that's a part of your your task on the the exemption to opt out of the program the county did it that is that is the resolution that uh City attorney has put together for us so it's already prepared he's done his homework I assisted a little bit on that and he will be bringing it to us in the October meeting to discuss that very issue that we talked about that I mentioned from the homeless coalition's documentation for opting out of the Ami for Mid to medium income so um our City attorney has done a great job I took a look at that uh we've gotten participating cities and information on agencies here in Brook vard County of who has already done this and we'll be presenting all that in the October meeting thank you I had a note to uh to ask that so I don't U have any uh updates other than uh really thankful that we were able to to get together and make that budget work and so um it was 1 in seven and or one and six and I I I really think it's going to be interesting at the end of the I guess October I want to see what the other cities did I've seen some cities talking about a tax decrease and it's really a millage rate decrease and you know that stuff is uh confusing and and I think citizens who are informed about those things um is is a good thing and so tonight I cannot emphasize my appreciation for everyone who who was able to make that happen and um that is it the um I'm 9:23 p.m. we are through the reports and with that looking for a motion to adjourn I'll make a motion meeting adjourned thank you