Built from the City's minutes records — no AI-written textBriefing final
The City's record
What the City's record shows
Built only from the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner
(Checked against the ballots and the printed roll lines.)
Absences: the minutes print an “ABSENT” heading with no names under it.
Also listed as present (staff and other roles): Anthony A. Garganese (City Attorney), John Titkanich Jr (City Manager), Matthew Fuhrer (Assistant City Manager), Monica Arsenault (Assistant City Clerk), Tammy Gemmati (Administrative Services Director), Jack Walsh (Utilities Director), Nancy Bunt (Community Services Director), Michael Cantaloupe (Chief of Police), Samuel Byrd (Deputy Fire Chief), Bryant Smith (Public Works Director), Rebecca Bowman (Finance Director), LeShawn Hinton (Helpdesk Support Technician)
Named on at least one ballot later in the meeting: Alex Goins, Brenda Warner, Don Boisvert, Jake Williams Jr., Lorraine Koss (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (14)
to approve the Agenda with an amendment to add Item VI. 4 under Consent to the Regular meeting of January 22, 2020, to remove Item VIII.2 and to move reports after Multi-Year Contracts (moved by Alex Goins, seconded by Brenda Warner); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, pp. 1–2
to approve the Minutes for the Regular meeting of November 13, 2019 as written (moved by Lorraine Koss, seconded by Alex Goins); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, pp. 1–2
to approve the Consent agenda (moved by Brenda Warner, seconded by Alex Goins); CARRIED 5-0; ayes: Jake Williams Jr., Brenda Warner, Don Boisvert, Alex Goins, Lorraine Koss; nays: none — the City's minutes, p. 4
1. Ordinance No. 25-2019/2"4 Reading: Approval of a ZONING TEXT AMENDMENT consistent with Appendix A, Zoning, Article XX!, amending Appendix — to approve Ordinance 25-2019 on second and final reading (moved by Alex Goins, seconded by Lorraine Koss); CARRIED 5-0; ayes: Jake Williams Jr., Brenda Warner, Don Boisvert, Alex Goins, Lorraine Koss; nays: none — the City's minutes, p. 5
2. Ordinance No. 03-2020/ 1st Reading: Approval of a ZONING MAP: AMENDMENT consistent with Appendix A, Zoning, Article XXII, to change the Z — to ‘approve Ordinance 03-2020 on first reading (moved by Alex Goins, seconded by Jake Williams Jr.); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, pp. 7–8
3. Ordinance No. 02-2020/Second and Final Reading: Related to the Diamond : Square Community Redevelopment Agency for purposes of implementi — to approve Ordinance 02-2020 on second and final reading (moved by Alex Goins, seconded by Brenda Warner); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, pp. 7–8
1. Appoint Six (6) eligible persons to serve on the Board of Commissioners of the — Diamond Square Community Redevelopment Agency. (20-55) — to table the item to the next agenda on February 26, 2020 (moved by Brenda Warner, seconded by Lorraine Koss); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 9
1. Approve a Resolution Amending the FY2020 Budget through the use of General Fund Contingency, to cover expenses not previously budgeted fo — to approve a Resolution Amending the FY2020 Budget through the use of General Fund Contingency, to cover expenses not previously budgeted for Purchase Order Template Adjustments, Arbitrage Calculation Services and (moved by Brenda Warner, seconded by Alex Goins); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 10
2. Request review of the Bid Protest Review Committee’s decision and ; recommendation to deny the bid protest received from Rush Marine, LLC — to uphold the bid protest received from Rush Marine, LLC on ITB Bid No. B- : 20-08-COC, Riverfront Promenade Overlook Improvement Project, which was previously awarded to Canaveral Construction Company, and final resolution of bid protest (moved by Alex Goins, seconded by Lorraine Koss); CARRIED 3-2; ayes: Jake Williams Jr., Alex Goins, Lorraine Koss; nays: Don Boisvert, Brenda Warner — the City's minutes, p. 13
3. Approve the Police Department to enter into a Multi-Year Contract with Axon Enterprises by means of a Sole Source to purchase Tasers unde — to approve the Police Department to enter into a Multi-Year Contract with Axon Enterprises by means of a Sole Source to purchase Tasers under project number PD15TS, using account number 001-2100-521.44-00; and to : authorize the City Manager to execute and sign the contract (moved by Brenda Warner, seconded by Alex Goins); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 14
4. Approval of the third contract modification with Gehring Group, Inc. as the City of Cocoa’s Insurance Broker of Record by mutual agreemen — to approve the third contract modification with Gehring Group, Inc. as the City of Cocoa’s Insurance Broker of Record by mutual agreement between the City and Gehring Group to extend the term of the agreement until April 30, 2020 (moved by Brenda Warner, seconded by Lorraine Koss); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 14
5. Approve Task Order 2020-27 with Atlantic Development of Cocoa, Inc. for the Michigan Avenue Force Main and Reuse Main Extension, Project — to approve Task Order 2020-27 with Atlantic Development of Cocoa, Inc. for : the Michigan Avenue Force Main and Reuse Main Extension, Project No. a WS17MlI, in the amount of $984,548.82; Approve as a Multi-Year Contract from FY2020 through FY2021; Approve a Resolution Authorizing the City Manager to … (moved by Brenda Warner, seconded by Lorraine Koss); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 15
: 6. Approve Task Order 2020-14 with Bussen-Mayer Engineering Group, Inc. for Engineering Services During Construction (SDC) of the Michigan — to approve Task Order 2020-14 with Bussen-Mayer Engineering Group, Inc. for Engineering Services During Construction (SDC) of the Michigan Avenue Force Main and Reuse Main Extension, Project No. WS17MIl; To ; Approve as a Multi-Year Contract from FY2020 through FY2021 (moved by Alex Goins, seconded by Brenda Warner); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 15
to adjourn the regular meeting of January 22, 2020 (moved by Don Boisvert, seconded by Alex Goins); CARRIED 5-0; ayes: Jake Williams Jr., Alex Goins, Don Boisvert, Lorraine Koss, Brenda Warner; nays: none — the City's minutes, p. 17
Motions not adopted (1)
2. Request review of the Bid Protest Review Committee’s decision and ; recommendation to deny the bid protest received from Rush Marine, LLC — to deny the bid protest received from Rush Marine, LLC on ITB Bid No. B-20-08-COC, Riverfront Promenade Overlook Improvement Project, which was previously awarded to Canaveral Construction Company, and final resolution of bid protest (moved by Brenda Warner, seconded by Don Boisvert); FAILED 2-3; ayes: Brenda Warner, Don Boisvert; nays: Jake Williams Jr., Alex Goins, Lorraine Koss — the City's minutes, p. 13 Corrected to match the minutes, page 13.
Motions replaced by a restated or amended motion before any vote (1)
2. Request review of the Bid Protest Review Committee’s decision and ; recommendation to deny the bid protest received from Rush Marine, LLC — to for discussion. _ Cos _ Deputy: Mayor Goins added that he is unhappy with the way things turned out : and voted to approve the protest (moved by Brenda Warner, seconded by Don Boisvert); replaced before any vote by the restated or amended motion that follows (motion 10) — the City's minutes, p. 13 Corrected to match the minutes, page 13.
Money named in the minutes' motions (what each motion did with the amount, in its own words)
$984,548.82 — Council: decided in an adopted motion. “approve Task Order 2020-27 with Atlantic Development of Cocoa, Inc. for : the Michigan Avenue Force Main and Reuse Main Extension, Project No. a WS17MlI, in the amount of $984,548.82; Approve as a Multi-Year Contract from FY2020 through FY2021; Approve a Resolution Authorizing the City Manager to Approve and Execute Change Orders in an Amount Not to : ; Exceed $98,454.88 (10% of the Contract Amount) for a Total Proje” (motion result: CARRIED; the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf, p. 15); fiscal period not recorded)
$98,454.88 — Council: decided in an adopted motion. “approve Task Order 2020-27 with Atlantic Development of Cocoa, Inc. for : the Michigan Avenue Force Main and Reuse Main Extension, Project No. a WS17MlI, in the amount of $984,548.82; Approve as a Multi-Year Contract from FY2020 through FY2021; Approve a Resolution Authorizing the City Manager to Approve and Execute Change Orders in an Amount Not to : ; Exceed $98,454.88 (10% of the Contract Amount) for a Total Proje” (motion result: CARRIED; the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf, p. 15); fiscal period not recorded)
$1,083,003.70 — Council: decided in an adopted motion — total of listed amounts ($984,548.82 + $98,454.88), not an additional amount. “approve Task Order 2020-27 with Atlantic Development of Cocoa, Inc. for : the Michigan Avenue Force Main and Reuse Main Extension, Project No. a WS17MlI, in the amount of $984,548.82; Approve as a Multi-Year Contract from FY2020 through FY2021; Approve a Resolution Authorizing the City Manager to Approve and Execute Change Orders in an Amount Not to : ; Exceed $98,454.88 (10% of the Contract Amount) for a Total Proje” (motion result: CARRIED; the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf, p. 15); fiscal period not recorded)
$167,597 — Council: Consent agenda item 3, approved with the Consent agenda — total of listed amounts ($134,078 + $33,519), not an additional amount. “The total amount equals $167,597.” (motion result: CARRIED; the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf, p. 4); fiscal period not recorded)
$134,078 — Council: Consent agenda item 3, approved with the Consent agenda (requested (grant application): the amount asked for in a grant APPLICATION the body approved or authorized (whether it was awarded is not in the record; not an adopted amount)). “Approval for the City to apply for the Victims of Crime Act (VOCA) Grant in the amount of $134,078 and to commit $33,519 towards the match requirement in the application in order to provide victim advocate services to crime victims.” (motion result: CARRIED; the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf, p. 4); fiscal period not recorded)
$33,519 — Council: Consent agenda item 3, approved with the Consent agenda (requested (grant application): the amount asked for in a grant APPLICATION the body approved or authorized (whether it was awarded is not in the record; not an adopted amount)). “Approval for the City to apply for the Victims of Crime Act (VOCA) Grant in the amount of $134,078 and to commit $33,519 towards the match requirement in the application in order to provide victim advocate services to crime victims.” (motion result: CARRIED; the City's minutes (1595_CC_Reg_Minutes_01_22_2020.pdf, p. 4); fiscal period not recorded)
Agenda (the City's wording)
The City's agenda for this meeting is on file (CC_Reg_Packet_01-22-2020), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. “▶ Play” opens the recording at that moment, on YouTube, in a new tab.
662 suspect passage(s) marked in place; inspection incomplete: language review.
How this transcript was made. New machine transcription of the whole recording, with 29 voices separated from the audio.
52 short machine repair(s) (60 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 94.6% of 29,839 content words.
Dotted words (771 places) are ordinary wording differences: hover or tap to see the other reading.
662 passages (21% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
And Lord, let us work together to make this great city even better. We thank you for all things and everything. Lord, look out for our leaders all over this nation, Lord, and all over this country, all over this county, and all over this city.
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All in favor signify by saying aye. Aye. ‸ Opposed. Aye. It passes, um, unanimously. Thank you, sir. Um. Okay. We got under awards and presentation, um, the finance director, annual investment report.
Good evening Mayor, Council members, John Grady with public trust advisors. It's nice to see you again. We were here back in July for sort of a mid-year update and the plan this evening is to provide you with an update through ‸ the end of the fiscal year. I'll actually provide a few comments through the end of the calendar year for you. And as I look in the audience, I know to be respectful of your time. So I will be brief but detailed. And if you have questions, certainly as I go through, don't hesitate to ask me. So with that, we'll get started. Just a few moments on the market. So after two and a half years of interest rates increasing between 2016 and the end of 2018, we actually saw interest rates fall quite a
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That just means for every one person that's not quite confident, two folks are. So two out of three. The housing prices continue to go up. We see that extensively throughout Florida, as we know here. So housing prices continue to move up. Low mortgage rates are helping to propel those those higher prices as well as a low supply. And then unemployment at three and a half percent. December unemployment rate was also three and a half percent.
And just to go and if we took this chart back really through back to 2009 to the beginning of this current expansion, which is in the we're in the longest expansion in U.S. history at 11 years. The consumer, we are spending money and we are continuing to propel the economy. And we have been. You can see by those blue bars. Some quarters were more than others. We leveled off a little bit in the third quarter. But really a strong year in 2018 from the consumer standpoint. And that's really ‸ what helped
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so we can tie that into your strategies. If we look at that yellow line, that's where we peaked in November of 2018. Again, following two and a half years of rising rates. And then what we saw in 2019 really coming down and having an inverted yield curve, which you see by that blue line, really midway through the year, you can see. So two things. One, as we talked about, rates came down significantly. The other thing that happened, which we hadn't seen in over a decade, was an inverted yield curve. So if you look out along the curve
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that blue line for the maturities, you can see shorter term yields were higher than longer term yields. And that has typically been an indicator of an oncoming recession.
recession, as we all know, starting in July, they cut that rate. So what that did was bring down short term rates, which is indicated by the green line. And you can see we've got a very flat yield curve, slightly positive but flat. But again, the idea there, starting back in July, was to help propel the economy. If you recall back in August, ‸ there was a significant thought that we'd be hitting a recession sooner rather than later.
So we'll see how those two items play out. The overall economy has leveled off. And we'll see that here with yield curve. So this chart on seven is just showing you from October, November of 18, the precipitous decline through the fiscal year and calendar year. But if we look here, starting in July, that same chart, we can see July, August, September, October. And I point those out simply because from month to month, we had positive news, negative news, positive news.
to month. So a lot of volatility in the markets through the summertime. And they've since leveled off here in November and December. The good news is, and again, with your portfolio, your strategy focusing on safety first, your portfolios did not incur that volatility. You have a nice set structure of fixed income portfolios that help minimize volatility. And then just lastly, a couple things. So going back to August, the thought was that there would be potentially two to three ‸ overnight rate cut or short-term rate cuts, bringing ‸ that short-term interest rate lower. Those fears have settled. And right now, the Fed is not expected to cut that overnight rate right now throughout this calendar year of 2020.
is the Fed doesn't want to interfere with the political side of things. Now, if we get some really ‸ dire economic news and they feel they need to do that, they may cut the rate. But this chart is basically showing us that it's really not ‸ until 2021 that there's around an 82.7% chance that they may cut that rate.
the near term. Now, it's a quick run through the market, but I wanted to tie in the interest rates and overall market. Are there any questions, I'll pause.
So your portfolio strategies are diversified, as we've mentioned, based on the use or need of those funds. And so as we can see here on slide 12, you utilize the local government investment pools. Those are daily investments that provide money as soon as you need them on a daily basis. You have a money market with Community Bank of the South.
Bowman and her staff and cash flow needs. As of September 30th, your fiscal year end, this is a snapshot of all of your investments and how they're diversified. And really what I'd like to just take away from this is that your portfolio and overall investment program is focused first on safety. You have plenty of liquidity to meet your ongoing expenditures, both anticipated and potentially unanticipated. And then also striving to seek a market competitive yield.
But you're in compliance with your investment policy statement, which you updated ‸ in 2019, as well as Florida State statutes which govern investments of public funds. So you are compliant, and that's great news. So the first portfolio to mention to you is your enhanced cash. This was historically used to provide liquidity through your fiscal year, typically invested in very short-term income, rather short-term maturity securities. Given the change in the yield curve and the fact that you really couldn't earn additional yield by investing in short-term securities, we allowed this to actually mature. And we've now since closed this particular portfolio or account because you don't need it. You're earning very competitive yields in the LGIP program.
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3 million in this portfolio. That has been transferred to your reserves, where it can be more actively managed for you, given the short-term rate and the shape of the yield curve.
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we can see this from the chart on the bottom left, is that you want to have a laddered portfolio structure that has maturities throughout the next few years to provide liquidity for projects and other expenditures over time.
down, then you lose out on that potential income. So it's a nice balance for you from an investment. It's very liquid. You can see the duration on this one was just over one year as of the end of the year. We'll look to extend that duration for you to help protect against further declines. And just a couple of comments. As I mentioned, that overnight rate or short-term rate is around 1.5%. Your portfolios, and I'll mention this with each one, this particular portfolio has about a third of it invested in yields that are above 2%.
for the next couple of years, and hopefully weather this downturn in interest rates. And that's key, again, to provide income as we see when we see rates come down. Your reserves portfolio is the next one. This portfolio makes up about half of the, ‸ about 20% of your total assets and about half of what's invested in your portfolios. We can see here this is also a laddered structure. And about 45% to 47% is invested in that one to three-year area. And again, this is to protect against declining rates.
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declining interest rates. And if we get into an environment where we get inflation that's higher than currently anticipated, or other economic news that actually pushes up interest rates, the good news is the shorter-term investments, as they mature, will give us the opportunity to reinvest in higher yields. So it's finding that balance because we don't have a crystal ball, but it's really knowing how to manage that over the long term.
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as we've talked about, is again over 2%. And about 42% of this portfolio will remain at that 2% level for the near term, again, to protect you from the declining interest rates. So as we summarize your invested portfolios, we have between 35% and
laddered, much of that between one and three years. But ‸ you also have significant liquidity in your bank account and your LGIP, and those assets are what provide you the liquidity you need through your fiscal year, and again, provide you that liquidity component of your investment program. And then lastly is your 2018 bond portfolio. If you recall, what we did with this particular portfolio was we found a balance. We invested in some U.S. treasuries laddered out. Those treasuries that you invested in,
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and then the other half of ‸ the bond proceeds were invested in daily liquidity, and that is to meet your ongoing expenditure. So again, a nice balance here for this particular portfolio and providing a decent book yield even though rates have come down. So that's the balance for your 2018 bond portfolio. We'll work closely with
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or if they can be reinvested to potentially elevate that income, we'll provide those recommended strategies as well. That is a brief summary of your investment program. Again, just to reiterate, we want to make sure we keep a diversified approach for you. You're compliant with your policy. Your policy is well written.
All fixed income, ‸ highly rated, and highly liquid, and that is a great protection for the city's funds. And with that, I'll certainly entertain any questions, but we certainly appreciate the opportunity to be here to talk to you about this. Thank you, sir.
I did mention that to Councilwoman Koss. That was a question that we had, and we have actually noted that in our compliance rules that we would not invest in those in the city's portfolio at your request. Yes.
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Good evening, everyone. Reverend J.B. Dennis, 3710 Catalina Drive. I want to talk about the new Jim Crow. Racism at large and rising. I have never seen a black police chief in the city of Cocoa. That's a fact. Never seen a black city manager in the city of Cocoa. That's a fact.
I don't have the list today, but they go back because we have no blacks in leadership on the Cocoa Police Department. It's great that we just got a black sergeant, but that's not good enough.
That's what we need to go into the black community to start solving some of these unsolved murders in our community. So I want to speak about that. I also... We want to talk about... The review board voting on it to change it. It's not on this agenda.
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Well, I can comment on the... With regards to the meetings, the resolution provides that the committee shall meet at least quarterly per city fiscal year, unless otherwise approved by the city manager, due to lack of business to be considered by the committee or lack of a quorum. The members of the committee could take up the ‸ discussion as to whether or not they would like to meet more frequently.
know bi-monthly has been, you know, raised and this the resolution provides for that. In terms of the... At the last meeting, I believe you requested a member be removed and the council member that appointed that member has said he was fine with it.
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to do by changing it. We don't want it quarterly. The public don't want it quarterly. The chair and the members don't want it quarterly. What will we do?
Mr. City Attorney, Is that something they would have to vote on or can we, because I know they're ‸ looking for a recommendation for to do it by week, I mean by monthly or every ‸ other month and put it that way.
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and they should be the ones to decide if they want to or need to meet more frequently. And if they want to meet more frequently fine. I ‸ think we give them an opportunity to decide what they want before we step in.
Right. I agree. Excuse me. Let me reiterate. The chair of the review board was here at the last meeting and he said they comfortable with meetings every other month.
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[00:26:03]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) · Unclear audio
[00:26:05]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified)
He just started there and he took pictures also. So this has been 20 years and the property from 701 going south to Rosalie Jones. ‸ That person had to clear their land and she has it mowed every month. And she had to pay a tremendous fine to code enforcement. But they won't touch this property. The owner of the property, the first owner, he sold it to a man in 2005. It's all documented there.
[00:26:31]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) · Unclear audio
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[00:26:33]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified)
And ‸ he hasn't done nothing but purchase the property. And it makes the other part look bad because it's mowed all the way down except for the north end.
[00:26:42]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) · Unclear audio
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[00:27:11]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) + overlapping voice
I'd like to see council consider him to maintain it or do something. And I'd also like to say that any time I call Public Works Department, it's just like calling Amazon. If it's not done, if it can't be done in one day, it's done by the second.
[00:27:28]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[00:27:31]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) + overlapping voice
from Public Works.
[00:27:32]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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car came around the curb and almost slammed me. So what is it going to take for anything to happen over in there? They told me that they sent police, you know, to monitor traffic. They must do it when I'm at work. I've never seen them.
They must do it when I'm at work. Never seen it. So I need to know what's the next step before somebody get hurt because there's a lot of kids over there now. So what do I need to do? What's my next step?
were losing their mailbox ‸ and so far and so on. I know they put up some solid, I think it was some kind of steel poles or whatever they stuck in the ground there in the curve.
they told me. Okay. ‸ I'll get with you after this and get your information, and we'll review that. So I haven't seen that issue yet. And we'll go out and re-review this situation. And if we need to get with PD or do anything engineering-wise, we can.
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let's let us go ahead and do this motion real quick and then we'll let you. Yeah. Okay. We got a motion from Councilwoman Warner. ‸ Second from Deputy Mayor Goins. All in favor signify by saying aye. Aye.
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Their summer camp programs and the sports activities that they continue to support. As a merchant and owner of two stores in Cocoa Village, I have had the pleasure of working with the Cocoa Police on various occasions, especially recently during the holidays.
nature of the call, assisting very politely and professionally with an attitude that's not prejudging and works the situation or the crisis. I have a few instances I just think everybody needs to hear about.
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Bless her heart. She couldn't remember where she parked the car. She'd been looking for her car for 45 minutes. And, of course, somebody came and found me, and
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A graciously officer came. Within a few minutes, he helped her find her car, and she was off and so thrilled that the officer helped her. Then, after Christmas, we had an extra shopper in the village on December the 27th. One of the merchants had a ‸ white male approach her in her store. It was ‸ in the afternoon. He threatened ‸ her. She didn't panic. She reached to
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city's assistance. Thank you to the city members, to the city manager, and to the assistant city manager. We are now enforcing that three-hour parking, okay, and it's working. Okay? Thank you, chief. They're issuing those warnings, and
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They have done an outstanding job for this community along with this council and the city. So please come out. And let's give a round of applause. I ask everyone to please applaud our council and especially Chief Cantaloupe as I walk off.
[00:35:55]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
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providing for repeal of prior and consistent ordinances and resolutions, incorporation into the code, severability, and effective date. Again, this is second and final reading. There have been no changes to this ordinance since first reading. Thank you, sir.
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Florida, changing the zoning map designation of one parcel of real property, totaling 246.45 acres more or less, and generally located on the northeast corner of Highway 528 and Interstate 95 in Cocoa, Florida, more particularly depicted and legally described on Exhibit A, attached here too, from Brevard County, GU, general use, to City of Cocoa, RU-17, single-family residential, providing for the repeal of prior and consistent ordinances and resolutions, severability, and an effective date. Again, this is first reading of this ordinance, also a public hearing item. As the Council is aware, this is a rezoning item. It's quasi-judicial in nature. Prior to this meeting, I was handed
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this email, so ‸ in furtherance of full disclosure. Also in furtherance of full disclosure, as you know, the council is required by your own policy that if you had any ex-party communications about this application that you're about to consider, you need to disclose those for the record. And that disclosure can be simply general reference to a person you had a conversation with and general description of ‸ that conversation. If there are any other ‸ emails that the council has received, I'd also would like to have copies of those emails given to the applicant,
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Now, but the only one that I saw prior to getting up on the dais was the one from Miss Moody, and I've given that to the applicant. I can certainly give
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Okay. All right. So the applicant for this item is rezoning, is Virgin Trains, USA, Florida. They are requesting to amend the zoning map designation for one parcel, approximately 246.45 acres, from Brevard County, GU, which is
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red. The current future land use for the property is very low-density residential. We've already talked about the zoning, and the property is currently vacant land. The property was annexed from Brevard County in 2004. Prior to that annexation, the city entered into a preceding development agreement,
the city with certain conditions, one of which was that the city would process applications for either an RU-1-7 rezoning or a PUD, which is a plan unit development rezoning. And the other was that the developer would then purchase water and wastewater services exclusively from the city. At the time of the preceding development agreement, the partners agreed, parties agreed, that a minimum of 1,000 residential dwelling units would be constructed. In September of 2004, Brevard County challenged the city's annexation. Numerous issues were litigated with the county and were ultimately resolved via a stipulated settlement agreement, which was entered into in January 9th of 2008. That stipulated settlement agreement provided that the future development of the parcel include perimeter lots on the north and on the east perimeter of the parcel that would be no less than 70 feet wide by 140 feet deep, with the rear 15 feet of the lot dedicated as a natural buffer. The city also agreed to limit development on the parcel to between 300 and 500 ‸ total residential units, with a gross density being approximately 2.03 residential units per acre. In addition, the city entered into a settlement implementation agreement in July 10th of 2019,
This agreement limits the number of potential residential lots to approximately 320, with homes with a minimum living area under air of roughly 1,500 square feet and an average living area of 1,800 square feet.
private recreational common area green space and amenities, including a private amenity center and a proposed 38-acre lake. Through the settlement implementation agreement, the developer agreed to seek a city zoning designation of RU-17, consistent with a very low-density residential future land use map designation.
units per acre and designates minimum bulk regulations, most notably a minimum lot area of 7,500 square feet and a minimum lot width of 75 feet and a minimum lot depth of 100 feet. The concept plans that were approved through the settlement implementation agreement depict lots that meet these minimum bulk regulations or, in the case of the perimeter lots, with a natural buffer, exceed the minimum bulk regulations. The RU-17 district allows only single-family dwellings as a principal use with certain residential accessory structures. This was the concept plan. In terms of consistency with the city code, there are 16 criteria that are considered when we review an application for rezoning. Criteria address such issues as the established land use pattern, population density, a comprehensive plan, living conditions in the adjoining neighborhood, traffic congestion, public safety drainage, property values, public welfare, and others. I will touch on just a couple, two of these. One was the criteria to evaluate whether the proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities, such as schools, utilities, streets, etc. Staff's finding was
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acre, which is consistent with the future land use element. However, Brevard County and the city agree that the maximum gross density that the property could achieve would be 2.03.
and therefore reduce the density calculation to 1.2 units per acre, which is far less than the maximum allowable. Essentially, lot sizes will be smaller when the subject parcel is subdivided than what is currently established to the north and east of the subject property, but the existing population density pattern will be maintained overall due to the large amounts of open space that are required.
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to accommodate the additional students. And again, that's not actually a realist ‸ or actual calculation formula. I was, for simplicity's sake, looking at one ‸ per school, per house. The second criteria was that the proposed change would create or excessively increase traffic ingestion or otherwise affect public safety. Staff's finding is that
from an initial 1,000 dwelling units to a current maximum of 320 dwelling units, which is less than the agreed-to density of 2.03 units per acre and the maximum 500 dwelling units with Brevard County. Gross density of the project, when considering the open space required by the approved concept plans in the settlement implementation ‸ agreement, will be 1.2 units per acre, which is very consistent with the surrounding development pattern of one-acre lots. The proposed development project would add 320 new housing units, which in turn would generate roughly 3,062 additional daily trips, based on an average of 9.57 vehicle trips per dwelling unit on a weekday, which is established by the Institute of Transportation Engineers. If the
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then the maximum potential dwelling units would be 246, which would generate roughly 2,354 additional daily trips. Rezoning to RU-17 with the maximum 320 dwelling units would result then in a 708-trip differential. Factoring in the effect of the new connection to Grissom Parkway will mean that many of the
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proposed at this time for approval, pursuant to the stipulated settlement agreement and the settlement implementation agreement, the future subdivision will have two access points, the northern point being at the existing southern terminus of Bahia Street. Brevard County must choose between two options for public road access at the southeast corner of the project, either Osage and Angelica Street, or south along the 100-foot-wide drainage canal right-of-way connecting to Grissom Parkway. The county has not yet formally notified the city of its choice. However, the developer has indicated that they're proposing to create the intersection at Grissom Parkway to handle the increased trip demand. The connection to Grissom Parkway will provide
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with a second and for many a more direct access to Grissom Parkway and a shortened travel time for trips to and from the south. The future land use map designation for the property, a very low density residential, is consistent with a comprehensive plan and allows the RU-17 zoning district designation. Full concurrency will be addressed as a part of the subdivision application. ‸ Staff is recommending that the planning and zoning... I'm sorry, I didn't update that slide.
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Good evening, Mr. Mayor, council members, city attorney, city manager. For the record, my name is Kendall Moore, professional address 895 Barton Boulevard in Rockledge. Here tonight on behalf of Virgin Trains, and I have with me this evening, and he will come up for a portion of the presentation, Mr. Jose Gonzalez, who's the executive vice president of business development for Florida East Coast Industries. It's ‸ our pleasure to be here tonight to present to you. You've heard ‸ what we believe is an extremely thorough presentation from staff that specifically defines the parameters of what would be required for this zoning change. And you saw their opinion relative to recommendation that we have met those individual scenarios. Just as we did at planning and zoning, typically we would leave these presentations very specifically to the requirements associated with rezoning. But obviously, as you can tell from the planning and zone meeting and tonight, there have been a variety of questions about larger issues, and it is a slight risk on our behalf. But we do think it's important for you to be able to place this project in perspective. And so I'll give a little bit of a historical context of actually how we got here ‸ tonight.
but from a large graphic aerial concept perspective, you see the subject property outlined in the yellow box. And if we zoom in, it gets a little bit more clear that you see to the left or to the west Highway I-95 and ultimately on the bottom of the photograph and to the south
understand exactly how we ended up here tonight for ‸ this particular and specific rezoning recommendation. First and foremost, as was mentioned by staff, this particular property was annexed into the city of Cocoa all the way back in 2004. And as a part of that process, it ended up in litigation between the city and the county. And
was a stipulated settlement agreement that took place between the city, the county, and the property owners at that time. If we fast forward to the June and July timeframe of this year, Virgin Trains came before you right here in this very room where you considered a settlement implementation agreement. Obviously, it would traditionally be a development agreement that you would consider, but because there had been a stipulated settlement agreement on this property previously, the agreement entered into between the developers and the city was a settlement implementation agreement relative to this subject property. Specifically, we appeared here before you on June the 12th, 2019, at which time this city council unanimously approved the settlement implementation between the city and the developer. And that settlement implementation agreement,
‸ again, when we appeared before you on June the 12th, it had some very specific language that we were required to follow as it related to zoning. Section 6.0 of that settlement implementation agreement reads, and I quote, the developer agrees to seek a city zoning designation for the property of RU17, single-family residential, which is consistent with the very low density residential ‸ future land use map designation. And so not only did the settlement implementation agreement require us to come before you with this zoning request, it also specified a certain number of days that we had to do so post-closing on the property. And so ultimately, as you see highlighted on the screen, in December of 2019, we ultimately came before you, or not before you, but
from us, and at that time, the Planning and Zoning Board ‸ also unanimously requested, as has come before you tonight, recommended the approval of this project. And I'm sorry, ‸ of this zoning request. And so what I'd like to do at this point is to ask if Mr. Jose Gonzalez, who ‸ runs the development effort for
would come forward. And again, ‸ what he will talk through and discuss. We have certainly taken the risk, and I will assert that it is a risk, to talk about this project in a more global sense. Mr. Gonzalez is going to clearly specify for you that those items laid out by the staff that we are specifically required to meet in order to achieve the RU-17 zoning requirement that is being requested this evening, that we have met each one of those criteria. After Mr. Gonzalez, we'd be happy, both he or I, to entertain questions, Mr. Mayor, that you may have now, or once you've heard from the questions that may come from the audience. Thank you, sir. Thank you.
Good evening, Mayor and Council. Jose Gonzalez. I'm the Executive Vice President of Florida East Coast Industries, and we're the parent company of Virgin Trains USA. So that's where the relationship is. We handle more of the development of real estate for the train company. So there's a little confusion of why is the train company talking about residential homes. Well, this is part of an overall plan that had us pulling some borrow pits from there and having that part of the infrastructure for the rail line that is adjacent to the
before we even got involved, as Kendall said. But when we got it, we ‸ knew that there was challenges with the property, particularly access and things like that. But we worked with staff to understand sort of the vision that the ‸ city wanted for this property, understanding that density was something that was very sensitive. So we worked with that to create an efficient plan. And you'll see a little bit of a difference here because there's a plan that has 320 lots and there's one that has 350 lots. You'll see that in your packages. And what the difference is, originally, conceptually, they laid out 320 lots without the proper surveys. Once ‸ we had the whole property surveyed and properly dimensioned, we were able to come back and find efficiencies in that plan, which give us a better way of laying out these lots.
of the surrounding areas. So again, here's a conceptual plan. And so a little bit of the process. So this is the first step. This is really just saying, what do we want this property to be? And this is consistent with all the other agreements, which is a residential piece of property. So that's what we're doing. We're rezoning it. But we wanted to give you sort of the vision. That's why the conceptual plan was up there. And again, having the RU1-7 designation is consistent with those agreements. We will have to go and study and have engineering details about all the different impacts. And we'll have to mitigate those impacts.
an infrastructure that supports all this new development. So all that is built ahead of the development. But that's at a later step. Right now, again, ‸ are we consistent with the master plan? Are we consistent with our agreements? And ‸ we believe this request is consistent with that. So the development process continues on. Again, ‸ as staff mentioned, school capacity exists. We will work with the county to figure out how connectivity happens to the east. Several options.
something that helps traffic flow. Most traffic impacts happen at intersections. It gets backed up because the intersection can't handle the movements. So we will design that with your public works department, with the county staff to be able to figure out that connectivity.
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a project that doesn't have great access. We will work on that, whether it's the existing infrastructure that needs to be upgraded or new infrastructure that needs to be built. That's just part of the process. And you do need a secondary point of access. Your fire department will tell you that. You can't have one-way blocking in everything. People have to be able to get out in case of emergencies and things like that.
Bahia Street. Continuing that, ‸ we've worked already with the district to identify the wetlands and the drainage requirements. The floodplains, everything will be engineered at a later date. We have had preliminary conversations, but all of these
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a positive for the area. It's going to help drive those property values up. We believe all the amenities and things that will happen to that neighborhood will be positive for our neighbors in the future. So again, the next steps after this. Well, we will prepare a
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be studies both on the infrastructure, work with the city, how do we provide water and sewer to ‸ the property. We'll also talk about site access. A lot of traffic professionals will have a lot of discussions. And ‸ that's part of just ‸ the steps involved in it.
We also have to get all those different permits, environmental permits required for that. And then finally, after all that's done, this is months in the work, it could be a year, then we have a final
But we team up with guys who are home builders that have models and know the product types and understand and have done market studies on what type of products are selling in this area and are in demand in this area. And
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get submitted. And we'll work with staff to look at that. Obviously, our success is to sell these homes and bring new families into the city of Cocoa. And that will be through the building permit process. I've gone ahead and we've actually looked at two different types of ‸ models for basic single family.
We want to have single families where starter families can start there. But ultimately, established families may have estate homes that they need more space. Not everybody has one or two kids. They may have three kids or four kids. And you want to have the estate homes for that. So we have several options, different models, because you have different family styles. And so these are all just examples. We will then refine them as we go down into this process. But these are examples of other homes that have been building communities throughout Florida that our local team builders have done. And so this is that site plan that I was referring to on the 350 lots. It looks very similar, unless you start really pinpointing exactly where it looks like. It's the same layout of the infrastructure. We will come back also and design an amenity area. We'll work with your staff to figure out what kind of amenities are really necessary. We'll study the market as well.
People build clubhouses, but those clubhouses look very different inside. We want to make sure that whatever we build here is usable and is used by the community.
As you see, there's a lot of natural areas that will stay natural and a lot of lake areas that ‸ could be taken advantage of. So water recreation and natural trails are something we will incorporate into the overall master plan as well. So we look forward to bringing this forward on ‸ a later date ‸ for the subdivision improvement. But ‸ we're happy to answer any questions that you may have now and ‸ take any comments ‸ or guidance that the councilman
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‸ Both pre and post the hearing before the Planning and Zoning Board, as you can imagine, we've received several calls of inquiry as well. And I think that there were two points brought up at the Planning and Zoning meeting that I think is important to clarify for you first. The way that the notice map appeared originally at the meeting, there were people who thought that this rezoning might apply to their property as well. And so we want to clarify for the record, this is simply the property owned by Virgin Trains.
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any additional properties that may have appeared on the shaded perimeter, which was really intended to be the 500-foot notice buffer. I think you were there, Mr. Mayor. ‸ Yeah, I
I think Ms. Zoning pointed to the ‸ bottom ‸ right corner where there were two options laid out, Ossage and Angelica versus the 100-foot right-of-way. Those were two options that were clarified and agreed to in the stipulated settlement agreement in 2004. So those were the parameters laid out that we currently had to choose from. And as specifically was laid out in the staff report, that choice is then ultimately left to the county to make that decision as to which of the two. I think the county residents who are present tonight should clearly know we have been in touch with the county. And certainly both county staff and many of the residents from the county have contacted the District 1 commissioner.
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Okay. At this time, I'm going to go ahead and close it to the council and open it up to the public. Because this is a public hearing. And I have five cards in front of me. And first we have,
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me speak today. So I just want to reference the ‸ meeting from 6-12-2019 where the city manager stated in the meeting minutes, it said the city prevailed in ‸ the future land use and in the annexation when the stipulated agreement says nothing about future land use at all in the stipulated agreement. I have that available if you need that to read it. Also that night he was told that he could do the excavation permit, if I'm not corrected. The excavation permit was in question about the email that I sent you all on the board.
of interest in February of 2019. I just have a couple of questions. My first question would be is when was the ordinance put in that the flu of PUD to be adopted because I still can't find it in court records?
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there was a challenge ‸ and there was a department of administrative hearing regarding the future land use at which the city prevailed. ‸ After they sent the comprehensive plan package up,
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There was a request by the county for the matter to be heard in bank or by the entire, you know, district court of appeals that was denied. And so what you have before you in the stipulated settlement agreement, the only action that was left was the rezoning. And that's the application of to the south.
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those were, those were the ones that were litigated, whether it be administratively through the Department of Administrative Hearing. Uh, and the, uh, circuit court for the annexation. So the city and the county through the conflict resolution process went, met several times. Uh, there was a joint meeting between, uh, the city council and the county commission. Uh, the resolution was not, uh, initially, uh, achieved. And then after some other meetings, there was, uh, ‸ that's where you have the stipulated settlement agreement. Again,
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they're separate properties and they're separate parties. They're two different developers and the, they did file and they had a preliminary PUD that since expired because they never followed up. I mean, this was December of 2007. We, I think everybody knows what happened in 2008 with the, the great recession. And so they ultimately that property went into foreclosure and was purchased, you know, at auction. So, uh, they, the, the,
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So ‸ they're having to do a public hearing on the 28th. And for that reason, I'm asking you that you lay this agenda item on the table tonight rather than deny it or approve it.
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[01:17:56]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
I'm literally two streets north of Angelica. So this will be right through my backyard. I had a lot of other stuff to say, but a lot of the stuff's already been gone over. And a few of the things that I wanted to go over was the numbers that they were just talking about. And specifically, some of the numbers that came up with the whole idea that it meets the guideline of homes per acre.
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[01:18:23]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
the slideshow that our side was basically looking at saying this is why we should approve it was because it met the specified homes per acre set. And it gave the example of the subdivision off of Adamson. And the subdivision off of Adamson, they
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[01:18:41]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:18:44]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
acres. That's 2.22 homes per acre. But that's removing the three homes with two-acre parcels. So I'm looking at this math saying, okay, how are
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[01:19:05]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
this many lakes, this many water areas, have 300 to 320 homes on it, with the homes being 2,200 to 4,800 square feet, and then come up with the same
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[01:19:22]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
lots per acre. That makes no sense to me whatsoever. I don't see how it's possible. Now, if they're taking ‸ the entire property and then they're saying it's ‸ very, very close to the surrounding areas, ‸ that's the difference between negotiating letter of the law versus spirit of the law. If you look at the surrounding areas, yeah, one house per acre. It's pretty simple. That's Canaveral Groves in general. You look at
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[01:20:00]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
That math doesn't work. That math does not add up at all, especially with the amount of usage they have for recreational area, for water, for water wetlands area, and for ponds. ‸ The whole thing with trying to make a road that goes between
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[01:20:16]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice
I'm not sure if y'all have ever driven down Osage or Angelica. I mean, Osage is pretty much a dead-end street. Angelica is pretty much a dead-end street that comes across the front of the new Miranda subdivision. There are ‸ no provisions for anything. ‸ Yes, they would go in and try to ‸ update that, but ‸ it's a tiny little road with incredibly low shoulders and very low ditches. ‸ This is a road that ‸ my family runs on and bikes on. This is a road that other families' kids ‸ and they just ‸ it is not a residential road that's going to be conducive to 3,000-plus more cars per day. It's just not. Either way, there's pretty much a loss on that. So ‸ thank you for
[01:20:59]▶ PlaySpeaker 26 (introduced as “John Nolan” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
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He had surgery yesterday and couldn't be here, so he wrote a letter beforehand and asked me to read it. So this is word for word. During the meeting concerning
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repeatedly. The council sat quietly and listened to everyone that wanted to speak. We weren't prepared, and for that I apologize. It all starts when you get a letter from the authorities saying
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electricity and years later the city of Coco brought in water. This was all we wanted or needed. The feeling is the same today. There are many reasons why we don't want to be a part of any city. Zero lot clearances. We like our neighbors, just not eight feet away. Developers are permitted to come in and strip the lots of oxygen providing plants and trees. There is ordinance after ordinance you see listed in the paper passed by cities so much for smaller government. We have deed restrictions. We don't need monthly ordinances.
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The lies and deceptions were many starting with information that mine and my next door neighbor's home would be the only two properties taken. My three lots and his one. Believing them,
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I contacted DOT to notify them I was ready to move because I had located a similar property that worked for me. Their answer was sorry, but the DOT does not have sufficient funds to settle. DOT has more money than God. Then DOT sued me and I had to bring suit back. This is how it works. We had to move to a rental property while new home was being built. Haven't received any money yet during the process.
Rental property was for sale that we were in and we had to let potential buyers come look at it. And unbeknownst to us at the time, two men DOT people posing as prospective buyers came in and walked through our whole house and garage. Contacted my attorney and told him I had spent all my money for a new Cadillac and did not use the funds to open a replacement property or as ‸ literature says safe and sanitary housing.
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No money from DOT was used on it. Next they held back $21,500 of money and began calling and harassing me at work to settle. Completely frustrated I gave up on my final 21-5 and threatened the caller with harm.
They sent my attorney the check without further delay finally settled in the new house when I got notice I had been turned into the IRS for tax evasion. Wow. I called the IRS. I was informed that everything was fine.
was glad I had used the CPA for my return. Oh, but it's not over yet. Years later, a letter informing that retention ponds would be put on either side of my new home in addition to seven other ponds on Fan Palm Avenue.
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I'm just going to list some concerns and it's very brief. Number one, during past hurricanes we have seen the St. John's River ditch suffer rising water levels and in one case the water level came within a few feet of our back porch. Number two, any increase of water flow coming
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traffic into the Canaveral Groves neighborhood across the ditch and produce hazardous conditions for children waiting for school buses and seriously impede cars traveling to and from work. Number four, the exit bridge may also displace families and adversely affect property values in the eventual path of road construction.
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rezoning analysis. The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, access, etc. And then as a recommendation, you have staff recommends that the Planning and Zoning Board recommend approval to City Council of the Zoning Map Amendment consistent with Appendix A, Article 22 to change the Zoning Map designation of one parcel totaling 246.45 acres from Brevard County, GU, general use to City of Cocoa, RU-1-7, single-family residential.
mean, the school district looks at their existing boundaries. There is no proposed boundary change related specifically to this property. And the way the concurrency was set up with the school interlocal agreements is that you look at the where the district boundary, the concurrency service area that the property is located and what schools are served.
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Uh, with regard to the question about how you get that many homes on, and you're at the, uh, the 1.2, 1.4 units per acre, it is gross density. They do get credit for the entire property. And because they are clustering and they're having smaller lots for the larger lots ‸ consistent with the stipulated settlement agreement on the, the boundaries, uh, in terms of the road, uh, on Osage and Angelica, the conditions, uh,
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The stipulated settlement agreement provides that the county, you know, will have the decision, you know, makes the decision regarding the ingress, egress, you know, in the South Point. And once they do, uh, that, you know, if they choose the, the, the right of way, that will be something that would be addressed at that point in time, but it would not necessarily go to Osage and Angelica. It's a decision yet to be had by the county commission.
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As you know, individuals that reside there that are registered voters or selectors, they would have to vote, you know, as a whole to be annexed into the city. If they wanted, this is not an attempt to annex or incorporate Canaveral Groves into the city. And the,
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And then the, the furthest west parcel, I believe on, um, Angelica or Osage Angelica, which would allow for if they do not have, if the county does not choose Angelica or Osage, and they say you need to go through the right-of-way, the canal right-of-way, they would be able to bring that proper, that road entry up into this site.
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the only other thing I'll say is when you see the, the additional stormwater, you know, on the site, if anything, it's probably going to be more stormwater capacity than a normal subdivision would be, would have by virtue of not the existing lakes, but also the, the building of the other, you know, that specifically that larger lake
do not have the right and cannot annex you unless you ask us to. We can't come out and take your property. I understand that that is a huge concern. Everybody I have seen comment about this. That is their biggest concern. And I'm not sure that people understand that eminent domain. If you live on your property and you are a voter, there's nothing we can do to annex you into the city of Coco. You have to agree to that you have property rights in this state and you have the right to say, I want to live in Canaveral Groves, not the city of Coco. Many, many years ago, I said on the council and a rumor went out that the city of Coco was going to annex Canaveral Groves. And we have over
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going to happen next year. It's not going to happen in 20 years. We cannot take your property. Please, if you hear people talking about that, please reassure them that we cannot take your homes, period. Thank you.
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Yeah. This is just the first reading. So. ‸ No, sir. You could have, you, you had the opportunity to fill out a card. You had an opportunity to fill out a card, sir.
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Well, thank you. We're, we're, we're, no, we're moving on from this item right now, but there will be a second reading and you would have that opportunity. Thank you, sir. Okay.
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eight, article three of the city code related to diamond square redevelopment agency for purposes of implementing the interlocal agreement between the city agency and Brevard County providing for the repeal
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All in favor signify by saying aye. Aye. ‸ Opposed? Aye. It passes unanimously. Okay. We're going to move on to council business. Appoint six eligible persons to serve on the board of commissioners of the Diamond Square Community Redevelopment Agency. Administrative services.
Yes, sir. This is the item that will, the request of action is reconstitution or reconstituting the Diamond Square Community Redevelopment Agency by making six appointments to the agency board of commissioners. There's, in your packet there was the original roster of the current members and then the city clerk's office received three new applications. Those are also attached for your review. And additionally, there was a worksheet attached.
Square Redevelopment Agency. Since it's a seven-member board, that leaves six open seats on the Diamond Square Redevelopment Agency that need to be appointed by the city council.
agreement, requires a staggering of terms. So, these six appointments don't all get appointed and then their term expire all at once. The staggered terms are required. So, to assist the city council with that task, there is a worksheet that was prepared.
seats that the council has to appoint. And in the far right-hand column, it reflects initial term of office. And you will see one year, two year, three years, and then three appointments that are four years. So, the exercise is to go through the eligible candidates and slot in one of the candidates that you have into the, one of the six seats.
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Do we know if the current members have the desire to stay on the, the board? Is any, I mean, I see the new applications, but have we talked to any of the current board members to see if they want to be reappointed to this new board?
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mean, do we have to take action tonight, Anthony? Because I, ‸ I don't want to remove somebody from the board who wants to remain after they've served and, and gone through all this before.
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And they were, they were one of the parties to the interlocal agreement and we're aware of this. I don't know if, you know, they were, each member was consulted and asked whether or not they want to continue to serve. We can do that. Uh, the next meeting with city council.
Yeah, once an appointment is made that you can only remove a member pursuant to the statutory requirement. So, I mean, if you need to, you know, defer this for a meeting, um,
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the council's prerogative to determine whether or not the existing board members want to continue serving. Um, but I would encourage you to make those appointments as soon as possible so the agency can conduct business.
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If I'm a member of a board and I don't even get consulted before I get removed from the board or asked to be reappointed, I'm pretty insulted. So, like, you know, I mean, these people have served the city, some of them for a long time. I think they deserve to be consulted before we make a decision.
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Well, yeah, because I, I mean, I've got some, you know, three new applications, but I don't, that's what I'm saying. And I don't know if the current members want to stay.
Yeah, I would, you know, do, are you interested in, in sticking with the board for another four years or do you just want to do one or two years? I, I would like to know that.
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[01:47:01]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) · Unclear audio
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request approval. of A resolution amending fiscal year 2020 budget through the use excuse me use of general fund contingency to cover expenses not previously budgeted for a purchase order template adjustment and arbitrage calculation ‸ services and accounting and auditing services
to allow printing of purchase orders through ‸ document management system to print both the front and the back of purchase orders. In addition, there was a line added to miscellaneous billing and it caused the lines to go down below the preparation for mailing and that caused programming change with our software company. And then we have been undergoing ‸ arbitrage calculations.
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let me just give you just a very quick um general preface and and and then we can get into um uh the protestants ability to present the substance of their bid protest. um As the council's aware, the city went out for bids regarding the Riverfront Promenade Overlook Improvement Project, an important project for for the city. uh The the bids uh
um The bids were opened by staff. There were seven respondents. um Two of them were disqualified. um And then there were, um you know, a ranking based on based on price andand submittals. um The top three respondents were Canaveral Construction Company, Rush Marine,
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review of the proposal contents that they submitted, the staff was found that Canaveral committed three documents within their proposal. Those those documents were ‸ some pages and the instructions to bidders, an executed form agreement, and a performance, an executed performance, and payment bond, which were set forth in the in the rf in the bid documents. And um after after after that determination by staff, staff met with Canaveral representatives to discuss thethe omissions. And if you recall, at one point, the draft of the agenda had been prepared for the council
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Rush Marine as the as the recommended contractor. However, in consideration of some of the comments made by Canaveral, grows the staff. The final agenda item that was prepared that actually got pushed out to the council. Staff recommended Canaveral as the lowest and most responsive bidder. And then the council, um during their meeting, awarded the contract to Canaveral. And subsequent to awarding the contract,
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manager to form a committee in in which to hear the bid protest and to determine whether it could be resolved or ‸ it couldn't be resolved, then a recommendation be presented to the city council. And after the committee was formed, they conducted the hearing, and ultimately it wasn't resolved.
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the committee issued uh their final administrative response to the bid protest and recommendation. That written response by the committee is in your agenda package. So the bid protest now goes to the City Council, and the City Council has the final say relative to the protest. um And additional details are set forth in the agenda item. But generally speaking, the the Council has um two options. They could deny deny the protest, ‸ in which case um
um And if that's the case too, there's uh the the uh the would I would recommend that the Council authorize the City Manager to evaluate whether to assess costs and charges related to the bid protest.
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is required to be submitted whenever anyone files a bid protest. The other option is to uphold the protest that's submitted by Rush Marine. And if that's the case, and if the Council were to uphold the protest, the Council would have toto rescind the award to Canaveral Construction Company. And then
and would have to finalize contract documents with the City. So at this juncture, from a procedural standpoint, I would recommend that you let, unless the Council has some general questions at this point, let Rush Marine and their attorney make their presentation regarding the bid protest. And I don't know if there's a representative of Canaveral, that Canaveral has a representative, ‸ give them an opportunity to to respond relative to the protest. And then see where we go from there. Council members should feel free to uh ask questions if you have any questions, whether to staff, myself, the
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Marine was was listed as the as the recommended um contractor. But before the agenda ‸ actually got pushed out, that was modified, um given the concerns that were expressed uh by Canaveral. um
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that were missing um in the submittal from Cat Canaveral. And those those documents were touched upon when the city council awarded the contract. As I indicated at that meeting, and I'll indicate again today, you know the the city's RFQ documents, RFP documents, specifically authorized the city to waive minor irregularities relative to a bid. And um there was a staff determination that ultimately the three missing uh documents at issue here, um waving waving the submittal of those documents was a minor irregularity, not really material to the bid. So ultimately the final recommendation from staff, which you saw at the meeting, showed ‸ Canaveral, if I remember correctly, as the recommended contractor. But
in the... If you... The bids came in shortly before we needed to get the agenda posted, ‸ and in the interest of time, uh there was a placeholder that was added in at first uh review, uh quickly based on the uh the items. uh The staff member entered in
And then there was a meeting that was held to discuss a number of things one that that uh selection in terms of the documents were they you know considered material immaterial. uh Were they material to the actual bid in terms of the price the project the all the components that were necessary to to do the actual construction project. And there was we we did do some consultation, you know, and it was determined by staff that they were uh not material consistent with the city's policies. um
the meeting was is if you recall there was at the last when we first. Brought this to you all there was a number of financial you know budget amendments to get the the monies in the right bucket. You know, for lack of a better term, you know, which ‸ general phone was paying for this
You know, making sure that all ‸ the dollars were in the right accounts for the purposes of funding the project. And so that's after that meeting. uh They started writing the agenda item and ‸ the short agenda yes had been
It's my recollection and that was when the. uh The carnival construction company was the agenda items written ‸ fully written not just the agenda title though the full agenda item was written with
the list um in section 00299 the list that they have to turn in withwith any of those items are part of that checklist. Because we have a line that's inside of our bid proposal that states each bid submitted shall include all sections listed in section 00299. But we also. um have a line that contradicts um that shall, um which says uh the city reserve the right to accept or reject all bids. um So I think that's what a lot of confusion coming in and
Well, and I just, uh I uh attended the mid protest review committee and there was actually discussion on these items. One, there was a, uh there was conversation regarding the the materiality of the items, uh like for instance, the first one. uh It's the
local preference. You know, the 16 pages preceding that only one section was related to local preference and they signed the page that where they were declaring that. The second was the, uh
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when you have the TBD is they don't know whether the base or the alternate. And so what's going to be selected and then what the ultimate costs are. So it's they're signing a document that doesn't as TBD in it as well. I mean, it has it. And then the, the payment performance bond again,
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having secured the contract. So though that was discussed and then the other thing that was discussed uh was two things and mentioned, but one thing that the
where they're saying they read everything they're going to prefer whether the contractors ready willing able to perform it awarded the bid. And then furthermore, they also posted the bid bond. uh ‸ that's essentially if they
not to, you know, uh execute and hold those prices and everything the city could call in on that bond for that purpose. uh Canaveral has provided the execute the properly executed form of agreement. And I think they've done
I mean in terms of the materiality, you know, where they because at the end of the day had Canaveral not executed the form of agreement that they certified in their package we would have moved on to number two that was roughly 37 000 more it's a little bit less than that but it's
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weren't checked and went ahead and put together just the title to get it on a placeholder in the agenda and ‸ that's what's transpired and we've discussed that process and going forward in the future that that will not occur but uh that's that's the only reason why Rush saw a document meaning
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the items that were admitted um by Canaveral Construction Company were those just an oversight omission on their part or were those like we really don't have what we need at this point to complete these items
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um right to file the bid protest. They've gone ahead and done that, but let's justlet's just refresh where we are. Keep in mind that the council's already taken action to award a contract
now has filed a bid protest. So, you know, generally speaking, the standard now is that the protestant, Rush Marine, has the burden to present clear and convincing evidence that the bid uh award and the bid was procedurally or substantively flawed, arbitrary, fraudulent, unreasonable, and capricious, dishonest, corrupt, or illegal. So let's let Rush, you know, present their protest and generally the standard by which, um you know, the city council will judge what all the testimony you hear today. Okay.
But I know in the past, and I was, when I got this book yesterday, um ‸ one thing I was looking for was how they scored and how the different individuals scored each company. And I
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the references, uh at least in the RFP, as outlined in our financial operations manual. RFQ, but like consultants and professional services, or even it as it relates to this, this Marine in July of last year,
Well, where the federal, you know, FEMA dollars are involved, you know, we were advised that we couldn't go through the pre-qualification, that we had to subsequently actually put it out to bid, and it's based on, you know, the lowest and most responsive, you know, bidder. So that's why
and there's no other anomalies, or anything that, to like, you call want somebody that, they say, no, they actually didn't perform, but, so, otherwise, it's based on the price. Okay.
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[02:10:00]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:10:18]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
‸ just to get the timing on the straight, I understand if I represent the uh group, I have 10 minutes, is that correct? Yes. All right. Is it permissible to allow one of the people from Rush to come up and speak for three minutes and let me have the balance of it after that?
[02:10:34]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · overlapping voices
Okay. And I'd like to introduce Tony
[02:10:36]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Machine re-recognized
landry
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[02:10:37]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
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um We did just that. There was a mandatory pre-bid that was uh issued out through the documents. The contractors that chose to go went. We were one of those contractors. We did bid the project. We submitted our bids just like six other bids bidders. We had the opportunity to submit ‸ our bid,
of bid documents for each contractor in order that they submitted their bids. We did that. Throughout the process of the bid, everybody had the opportunity to check yes or no whether each contractor submitted those components that were required by the bidders checklist, which is, in our opinion, significant to the bid process. Right? So, out of the entire group, I think thethe sheet that was published, the final sheet, shows three contractors that had all the documents submitted. During the bid opening, there
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who had all the documents submitted. ‸ later it was changed after the fact. So, with that being said, you know, the three components that were omitted from
if it's not required, it should not have been part of the bidder's checklist. It's pretty easy to put a price proposal together and submit just a simple proposal offer, but that's not the process that the city chose to do for this particular project. There was a bid package published, submitted to the contractors, or you ‸ actually able to retrieve them from the bid site, and people had to bid in accordance with that bid package. okay We chose to do that. On occasion people make a mistake. It's not the end of the world. We didn't on this one. And at the end of the day, the bid was to be awarded to the most responsible, responsive, low bidder. We were the most responsive, responsible, low bidder. ‸ not
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So with that being said, i I hear you guys speaking, or the attorney speaking, that the document was not published. Well, the document that I printed that i
Monday on top ‸ the agenda said meeting agenda final. Okay? And in the paragraph of item two in the city business, it was recommendation for the city to award to the most responsive, responsible bidder, Rush Marine. So as I mentioned the last time I came up, I came here with
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had been modified from what I printed out off your safe and changed to Canaveral construction. Now, we just think that's wrong. In my opinion, I believe that it's it's jeopardizing the integrity of the bid process through the city. And it just makes you wonder, you know, if we're going to go this route, what's your future process going to be? So we ask that you guys
reconsider what you voted ‸ on the last time. I think there was some favorable and some not. But we think that because they missed out three components of the bid package, they should have been being non-conforming ‸ my opinion, the price should have never been considered because they were non-conforming before the price was called. That's what happens in most good openings we do. okay So that's my opinion.
[02:15:27]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
sure he hears me. ‸ knows who it is ‸ talking. Okay. My wife told me uh one time that I should start out by telling you what my point's going to be, then go into the details. So I'm going to follow her advice because it seems to work with her, so maybe it'll work here. Our position is simply this. You have, at this point, a non-responsive bidder in Cape, I mean
[02:15:53]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:16:02]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
both your purchasing policy, state law, and
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[02:16:11]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
i'll go to details about what that means. That means if you have an illegal contract, it's a void contract. ‸ you have a void contract that is illegal, I know from experiences the county attorney for 24 years, if we had one of those illegal contracts, Scott Ellis, who's the clerk of the court and signs all the checks, won't sign the checks. And you have to go work it out some place with, usually in court with Scott. But that happens. And I think that's the posture you put yourself in if you go forward with this agreement with this agreement with‸ Canaveral Construction. And by the way, that agreement
[02:16:49]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:16:52]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
after Rush
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[02:16:56]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
Construction was notified of that. So ‸ just coincidentally came in and
[02:17:01]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:17:06]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
deliberately. Theythey opted to omit it because they didn't think they had to do something with it until after the big process was completed. Which I found kind of interesting, that sequence. But
[02:17:20]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:17:23]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
believe this is a void contract and why it was not responsive and why it violates state law and your purchasing regulations. Now sort of walk you through thethe crib sheet that I gave out to you, which is this one with the lines on it.
[02:17:38]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:17:45]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
The first thing I'd like to bring to your attention is on the first sheet, which appears as item number two. and
[02:17:54]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Machine re-recognized
that
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[02:17:54]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
is section 2.12 of your submittal requirements you know what is and
[02:18:00]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:18:03]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
bid submitted shall, shall, not may, or at the option of the bidder, shall include all sections listed in section 00299, checklist for sealed bids in order. And if you slip slip down to item number three,
[02:18:22]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:18:31]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
which is on the next page, on page
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[02:18:33]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:18:58]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice
going to tell you why I believe that to be the case. Before I get ‸ I did hand out ‸ this other sheet, which is this one here. And you'll notice on that sheet that your staff, which is the good calculus is the bid tabulation sheet, and your staff, if you look down at Canaveral Construction and run your finger across their line, you'll see a series of ends, which means no, they didn't do that. And the first one you come to is the form of the agreement, which was not submitted. We will, we contend that the agreement has substantive provisions. This is not a form ‸ agreement that you normally would just throw out for every contract. This particular agreement had conditions in it, one of which was that this project had to be completed by June 20th, of 2020, you because you wanted to have it done before the July 4th weekend. That's a substantive provision. That's an important provision. That contract was not in the bid package that Canaveral submitted. The reason that is important is because, A,
[02:20:10]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
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[02:20:51]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
on the base of price which is what this project was It says, contract must be awarded for the lowest qualified and responsive bidder in accordance with the municipal ordinance in this case, and, not
[02:21:07]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Machine re-recognized
or
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[02:21:07]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
and in accordance with applicable ‸ contract documents. So my question is,
[02:21:12]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:21:18]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
you're going to pay or what you're going to accept as payment for, the job you're going to do, but you don't include the contract, how do you have a contract document that's applicable? It's not in there. It's not part of the packet. Under Florida law, actually, if you submit a package without something in it, and the city council accepts it, you actually have a contract that doesn't have your agreement in it. And ‸ under those circumstances, certainly they can come bya sign of the day afterwards like they did, and say, okay, now we have a contract, we've complied. But the fact of the matter is, they gave them the option to come back and do that. That's an option nobody else had. Rush didn't have that option. ‸ They put their agreement into the packet. ‸ They were bound by the agreement. They signed it. They filled in the amounts. That was not what
[02:22:07]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:22:30]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) + overlapping voice · overlapping voices
page, second page. And very briefly, if you look at the highlighted
[02:22:35]▶ PlaySpeaker 3 (introduced as “Bernice Cox” — machine-transcribed, not verified) + overlapping voice · overlapping voices
here,
[02:22:35]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
the highlighted, excuse me, the highlighted language in that section, you'll see the issue before that court was the non-compliance uh substantial non-compliance that was not waivable. You couldn't waive these kinds of matters.
[02:22:53]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:22:59]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
the assurance, this is the guarantee to the city that the contract will be entered into, performed, and guaranteed according to its specific requirements.
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[02:23:14]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
the condition I talked about as far as ‸ completion. That contract was not part of the bid package. So how do you have any assurance that they're going to do what they say they were going to do without the actual document being in the package they submitted to you and you approved? Especially when the law of Florida says once you accept that you basically waived whatever was in that document and that gives them the option to say hey we're gonna what hey if you had somebody who was unscrupulous they could come back the next day and say we didn't put that contract in the agreement in the in this package we submitted And we're not going to follow what was in that agreement. but You have a contract with us because you award it to us anyway Is that kind of precedent you want to set?
[02:23:57]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Machine re-recognized
I don't think so. That
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[02:24:00]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:24:04]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
weren't responsive. Under state law, they weren't responsive. Under federal law, they were not responsive.
[02:24:09]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:24:23]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
If you have FEMA money involved in this, which I believe you do, you risk an audit by FEMA that they come down and find out that this process took place, there was a bid protest. If they agree with me, there's a whole list of things they can do to you, including not give you the money, hold it back,
[02:24:38]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:24:42]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
Those are things you need to consider when you do these expenses. And you want to risk $36,000 in ‸ difference in price to face that possible result, just because there's a dispute about this.
[02:24:53]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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I appreciate the opportunity to speak here tonight. I'm representing Canaveral Construction. I'm the president. You know, we've been involved in this job now with the award process for a number of weeks now. And I just want to be able to express our side and our talking points to the council members so they can see what we believe is that we are responsible
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Of course, Rush Marine protested and contended that the city council improperly waived certain perceived minor irregularities in our bid proposal. The city appointed a bid protest committee who reviewed the relevant documents, listened to discussions, findings of fact, and conclusions of law. There were three points of discussion. You've heard some of them being discussed here from ‸ their side. One point was the instructions to bidders. It was pages 12 through 17. It had some ‸ instructions about how to handle the bid. Page 17 was the signature sheet. In ‸ one of the clauses on page 25, I believe, the instructions there were ‸ that we were to
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every document that required a signature. That was the instructions and that's what we did on every document that required a signature. Page 17 required the signature.
So our signature was a certification page and that was in the form of a local preference. So on the instructions to bidders, the bid protest committee concluded that the only portion, that the only portion of the instruction bidders section requiring a signature acknowledgement was page 17. Canaveral Construction signed and submitted that page 17 with the bid proposal. Further on page 25, paragraph 7 of the bid, it states that the bidder shall submit all proposal documents where he or she has made an entry. That's what we did. That's
It was our interpretation of the instructions of the bid. Item number two was the form of agreement. We've heard a lot of discussion about the form of agreement. It was the city's agreement for the project, a lot of blanks that needed to be filled out at the appropriate time. So the bid protest review committee with legal counsel concluded that the form of agreement could not be completed until after award of the contract.
the performance and final contract amount, including alternates. Canaveral Construction included the signed bidder certification certifying that we have reviewed and would comply with the contract documents in its entirety, including the form of agreement. That certification document states that. So when we hear that because the form of agreement, the loose paper wasn't included in our bid, it doesn't mean that we haven't certified and the certification includes that form of agreement in its entirety
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So again, we interpreted the documents as we always do, you know, to provide what we think is reasonable. You know, we put together a lot of proposals and we think what we did was reasonable and responsible. The city's bid protest manual provides that the burden is on the protestant to demonstrate by clear and convincing evidence that the bid was procedurally substantial, flawed, arbitrary, fraudulent, unreasonable, capricious, dishonest, corrupt, or illegal.
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important part that I want to share is the material variances versus minor technicalities. State statute describes the difference between a minor material variance and a minor irregularity or technicality. Material variances are those that give one bidder a substantial advantage over other bidders or restricts competition. Minor technicalities or variances are those that do not affect the price. They do not give one bidder an unfair advantage or benefit not enjoyed by other bidders and ‸ adversely affect the city. Our bid provides an almost $40,000 benefit in the city.
the documents. They listened to the discussions. They, the findings of fact and the conclusions of law. They have concluded that the perceived irregularities in Canaveral construction's bid were minor.
10th. And we respectfully request that the city council uphold the committee's conclusions and allow Canaveral construction to proceed with the project. We're ready to get to work. Thank you very much. And I think Mike Harkin would like to speak if that's okay.
Good evening. Mike Harkin, Canaveral construction. I'm the estimator who put this project together. I heard a lot of comments about we chose not to. I mean, I hear minor irregularities all the time. What I want to say is this is our interpretation of what we needed to do. I wanted to go through everything quickly. I guess the two items that the protestants attorney or
But I want to make sure everyone knew you do not submit a payment ‸ performance bond with your bid documents. You submit a bid bond, which we did, which provides assurance.
It's no different than us not submitting it. It's exactly the same thing. They missed as well as we missed, if you want to call it a regularity. So the next item was the instructions of bidders. This has been a topic for a while. So you guys know I have a copy of instructions to bidders and there's five pages. Four of them are just typewritten pages. Nowhere for us to sign acknowledge anything. It's just us including four blank pages, cutting trees down, spinning ink to include in our bid. What we did was we followed the instructions again on page 25 paragraph 7 1 C. Each bidder shall furnish the information ‸ required on the original CD of Coco's bid forms and each accompanying sheet thereof, comma, on which he or she makes an entry.
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just information. We didn't make an entry. There was no need for us to include four pages, five copies, plus one on a CD. And lastly, form of agreement. And if I'm going on and re-saying the same things, I apologize. I keep hearing that we didn't provide assurance. So the form of agreement, again, that's a contract that we're going to sign with the city.
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Once we know when we're getting a contract, we know what the value of the contract is. At the time of bid, we have no idea what that value is. Is it going to be accepted with the alternates?
based on the alternates, bid form on page 29, we don't know those amounts. Also, page 25, paragraph ‸ 7E, the city may choose to award on a per-group basis or per-group item. Again, just more information that we don't know what the value is on the form of agreement. We have no idea what that value is. We don't know what the dates are.
oh, what I want to say was, again, the no assurances. I want to make sure you guys understand our assurances to you in the bid documents was our bid bond. Our bid bond guarantees that we're going to perform the work per contract, per your IFB. That's first and foremost. Everyone here that bid on this job, we gave you a bid bond from our surety company. Number two, I want to make sure you guys understood clearly the bid certification. They had spoken
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briefly. Number six, we certify everything in the documents. Every single page that you guys have included in your invitation to bid, we certified it with a notary. We read it, we understand it, and we're going to abide by it. That, to me, is the most important document associated with the invitation to bid is the bidder certification. You'll see in the bidder certification it says form of agreement. So we're giving you assurance when we sign that bidder certification that we've read it, we understand it, we're abiding by it, and we prove that by giving you the bid bond. So I just want to make sure if I can provide a little more clarity, because I'm the guy who filled out the paperwork. And we appreciate your time. Thank you.
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they just provided you was the bid checklist. And so as a process, when bid is open, that checklist is there. And staff just goes through quickly and says, yes, the forms are there or not there.
signed page, they were looking for multiple pages, et cetera. And so under state statute, it requires that just the bidder and the dollar amount is read out loud. So one of
then they provide the list of this dollar amount and the bidders. So that's something that we'll be looking at in the future. And then I would just, you know, again, with the agenda item being published, we were being pushed at a time between the big opening and getting the council agenda out that the initial appearance, I don't know what the word is, but initially, yes, it did appear that Rush was the winner.
and then the Wednesday council meeting. Staff was trying to, by putting that placeholder in there, ensure that we were getting on ‸ the agenda and they were working. It just ‸ wasn't, ‸ there was a short turnaround time because of the timing of the project.
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That's something that, you know, I'm fairly new here to the city and so I was following past practice. But I have wondered why the city was doing it the way it was doing it. And I was following past practice. Yes,
No rush was present at the time that the bids were open. And then I guess they were watching for the agenda to be published and saw their name on there.
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believe it was Thursday. And. In an effort to get that initial meeting going. To formulate a contract. For execution and work to start knowing that there was a deadline prior to the 4th of July.
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[02:42:12]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
First was. I cannot believe that somebody would stand up here and say he didn't know what the contract was going to be.
[02:42:16]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
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[02:42:53]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified)
Well his bid specifications didn't have the contract in it. And his bid bond doesn't say what he says it says.
[02:43:01]▶ PlaySpeaker 13 (introduced as “Scott Knox” — machine-transcribed, not verified) · Unclear audio
[02:43:49]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) + overlapping voice · overlapping voices
Good evening Mayor and Council. Good evening. My name is Robin Fisher and I am a former Titusville City Councilman of Palm Bay City Councilman and eight years as the county commissioner. So I'm pretty familiar with awarding contracts from an elected official standpoint.
[02:44:08]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[02:44:17]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) + overlapping voice
probably mad at me because I got him into the situation of bidding on municipalities. He always kind of felt from a company standpoint that it wasn't a fair game to be
[02:44:28]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
able to do that and that it wouldn't be treated fair and that there was a system in place that would keep him out. I tried to convince him that wasn't the case. And he's going to either prove me right today or I'm going
[02:44:41]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
prove him right. Let me tell you where I think, you know, I've awarded contracts not always to the lowest bidder. Sometimes I did it at the best value. Sometimes we did it as the most responsive and responsible. Sometimes we did it, it might have been the highest bidder. I think when you start awarding these things though, at least my experience is, you try to do the right thing. And sometimes people make mistakes in their bid. I know
[02:45:10]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Machine re-recognized
I
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[02:45:10]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
heard a story one time that someone said that they came in with a contract one minute after it was supposed to be due. It was due at four and they got there ‸ four or one and they lost it.
[02:45:21]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:45:28]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
The rule was you needed to have the contract in the thing. And so there's a reason why you opened a bid on, was it Thursday? I think I heard.
[02:45:41]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:45:43]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
How many days later did you see Rush's name? You saw Rush's name still there four or five days later.
[02:45:50]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:45:55]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
And they told all the contractors exactly what do they need to have to be a responsible bidder. And they gave them a checklist and ‸ said make sure you have all these things.
[02:46:05]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:46:09]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
had those things and who didn't. And then they, and there were some people that's not even being talked about today because they didn't comply with the rules and ‸ they were thrown out. If it didn't matter that you had them, I guess my argument would be is why do you put shell and why do you have a pre-bid meeting? Why do you have a post meeting awarding, you know, showing all this stuff? And then just going to say, well that doesn't matter, it's immaterial. It's not immaterial. It's responsible. And that's what you did.
[02:46:42]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:46:47]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
the assistant manager said he got a call is because they really felt deep down inside that Canaveral didn't comply with what they had asked in their pre-bid meeting. And they're reading the, ‸ reading out the warning of the bidding and still going and publishing it on an agenda and allowing it to be there.
[02:47:09]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:47:12]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
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[02:47:23]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
And I'm quite sure somebody's saying you might get sued by ‸ Rush.
[02:47:28]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:47:34]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:47:36]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
I think it's right. What's the right thing to do? You know, that's what it's really coming down to. What is the right thing to do when you know that you, you, you, it was your, your RFP or what have you, and you told everybody what the rules were and how you were going to award this contract? I'm here to say that Rush comply with that and
[02:47:56]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
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[02:48:00]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified)
They're more than qualified to do it. They'll have it open by July 4th. And I really think that for the, for the integrity of the city, I think you really need to really, really, really think about whether you want to just say, none of that stuff matter what we said in the pre-bid meeting. None of that stuff matter that we put their name on the, on the, on the final agenda.
[02:48:22]▶ PlaySpeaker 14 (introduced as “Robin Fisher” — machine-transcribed, not verified) · Unclear audio
I just, you know, I've heard, and it's not, it just, I mean, we talked, I've heard integrity of the city, integrity of the process, not a fair game. And I would just like to, I mean, I think I take great exception to that.
when, when the city sought to pre qualify, you know, contractors, uh, to do these types of projects, you know, in an effort to expedite and accelerate, you know, our ability to restore our waterfront. And there was the RFQ identified that we're going to pick select three, you know, pre qualified contractors and they scored them and they were ranked and, and it was presented. ‸ We did receive a call and if you recall, I presented it to you that the fourth ranked firm, which happened to be
did the right thing then and they added rush. So it's, you're kind of like, it's okay when you do it to benefit the company, but then when you apply the same, you know, standard in terms of the, these regularities or these, these, these minor, the technicalities. It just, when you, I guess I take great exception to the integrity of the city
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was, but now when the city is applying its policies that are stated in the document itself that they are agreeing to. They were it says that the city can wave or our financial operations manual and I think our city attorney or assistant city attorney and the bridge in the big protests review committee discussed the issue about the. The, you know, our purchasing policy are the, the, the, the, the state law as well as the federal and the FEMA. Uh, they can address those specifically, you know, uh, in terms of. With regard to or response to, uh, Mr. Knox again, nothing but respect from Knox and Robin Fisher. I don't know, Mr. You know, the,
I'm talking last July in anticipation of all of these various waterfront improvements. We sought to pre-qualified contractors. And that's where the mayor was referring to earlier. Well, we typically see scores and that's so contractors submitted throughout the state.
think we've been at some outside of the state and we ranked them. And they're the RFQ said we're going to choose the top three. So we could use any one of those three for the purposes of, you know, just send it out. We already pre-qualified them and then they would send it in their information.
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was, um, the documents that were not submitted were those just an oversight or, and as the gentleman explained, it was their interpretation. Um, which tells me ‸ that we need to be looking at our process.
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packages are twice as big as our agendas. And to ask the staff to do this while you've got contractors standing there looking over your shoulder. Right. It's not fair to our staff to put them in that position of doing that and trying to, to go through these documents at the time. So, um, I think we need to, to refine and take a look at our process before we end up in this situation again, because this is not a situation I want to be in ever.
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But by the same token, if I'm Canaveral and I'm awarded the bid by the city council and then suddenly this comes up, I'm not happy either. So we've got a whole bunch of unhappy people in this room, including everybody up here on the council. So, but from my perspective, um, Um, we have work that we need to do to improve our process before this happens again. It's not fair to our staff that we're asking them to do things that are, um, very, very difficult to do under the best of circumstances. And so I just want to make sure I make it very clear that I don't want to see Rebecca's staff put in a position of having to do what they did with this bid opening again. ‸ And complete these forms while there's contractors standing in the room, staring at what they're doing. Uh, we need a better process for that. Um,
review committee who denied the protest. Um, ‸ we're talking city engineers, deputy utilities director, people in responsible positions with this city, people with a lot of experience in dealing with these types of situations.
‸ decision. So with all that being said, no matter how unhappy it makes me. And no matter how much I respect Scott Knox and, uh, admire and adore Robin Fisher, I am going to make a motion that we deny the bid process by rush marine. I
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This, this is, this sucks, right? Yes, it does. I think. In hindsight, you know, nobody wins in this situation. I've been on this both sides of this world. Um. And like. Councilwoman Warner said that. You know, when you. Either
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a phone call or get ‸ email or get a fax from a tabulation sheet or whatever the case may be. Or you see an agenda. It is. It is disheartening because it is a lot of work goes into. Um. These
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Just the way that. Our process is. And I think it could have been done in a different way. Like. Um. Rebecca said that. Our process is going to change based on this situation. And so I think that's what it is in life in general. Um. You know when things happen. That are negative. We have to change the way we do things. And I think. Hopefully we can learn from this. Oh I don't ever have to. Be in this position again or our staff as well so.
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mean you're hearing the substance of the matter I mean this is this is the award I mean both parties have an opportunity to you know address the issue I mean what the process is from that, from here, is,
we would have to move forward and finalize uh... finalize the contract okay and uh... that would include uh... some revisions to the form contract, as well as attaching all of the appendixes, which no better submitted uh... to the city with their bid
we're gonna ‸ move on to our multi-year contracts. Item number three on the city business. Approve the police department to enter into a multi-year contract with
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I just, as a result of this, I know ‸ the attorney needs to work out the contract, but in addition, it will need to bring back a budget amendment that needs to be reworked, and ‸ earliest that that could possibly happen is that second meeting in February.
Mayor of Council. I would just like to real quick thank our citizens for always standing behind the police department. You know, a lot of times ‸ when we hear things in public, they're always talking about me, but I want to assure that and definitely say that it's the men and women of the Cocoa Police Department that are truly getting things done out here and our citizens in conjunction. It's ‸ a group effort. And again, thank ‸ Mayor and Council for always supporting us also. ‸ Thank you. Thank you, sir.
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In your mailboxes today, there was a letter that was received from the Office of the Speaker regarding legislation that passed last year prohibiting local governments from requiring a notice, application, approval, ‸ permit,
in a residential property. So the Speaker's kind of put in local governments on notice about evaluating their, you know, and that we are preempted from regulating the trees on their residential property. That's the only thing,
Mayor. And it's, I can, I'll go over with you individually the various items and number of bills that have happened, I mean, in a earlier, yesterday, late yesterday afternoon, the short-term rental bill that I
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And we had ‸ great conversations, definitely with Randy Fine, which was surprising because we didn't really hit it off well prior to. But I would like to, in the future, hopefully soon revisit our regulations on housing in our different zones.
destroy the Sadowski Fund, but he made some good points dealing with regulations that possibly can slow down affordable housing, dealing with garages or three-bedroom,
whatever the case may be, that can possibly slow down affordable housing. I think that's something that as a city, we may need to look at in the future. Because sometimes you may have a house that could be $70,000, but you add in a ‸ garage or whatever the case may be, can
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We're supposed to be meeting next week regarding areas in Diamond Square and throughout some of the slum areas that we have in the city of Cocoa to maybe help us with some of our property values. And I think that was a great conversation that we had as well on that note. On a not so great note, it was a table for Space Coast Tourism that was in Tallahassee that didn't have any of our information on their table or even in ‸ their tourism books. I don't know if HCVA or anyone else can look into that. But you had all other cities, Melbourne, Palm Bay,
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So I was not happy about that. ‸ But all in all, it was a ‸ good trip. I also did the Brevard Reentry Center ‸ Grand Opening, which is a center that helps inmates who get out of prison in Brevard County to help them write resumes and get jobs and learn how to manage bank accounts or what have you. But this is a great program by My Community Cares.
because sometimes we don't have jobs. When they get out of prison, ‸ they don't have nowhere to turn. They're going to turn back to what got them in prison. And I believe that this program is going to help our communities
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We have that issue right now and definitely in some of our crime areas where you have ‸ a lot of those young men who are convicted felons that cannot get jobs. You know, based on them being a felon. Next month, Brevard Reentry Center is going to be coming in presenting to us as a council.
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I think that's something we possibly can entertain. Because we a lot of employers don't admit to it. But once they see felon check a lot of times they throw that application in the trash. And we want at least that those individuals to at least be given the opportunity to have an interview. And ‸ a lot of people life change. So I hopefully as a council, we can look into that when they make their presentation. But that's all I have. I think appreciate it.
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not embarrassing us by biting Mr. Abrams, who wouldn't keep his hands off of him. Not smart, but anyway. Also, I want to thank the members of our downtown merchants and the other members of our public who showed up last week at the police department to support the officers when they were under a lot of stress by dropping off
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Krispy Kreme donuts, including sprinkles. So thank you to the public who came out ‸ and did that and showed support for the officers. I think they really need to pick me up and that's it for me.
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Okay. I'll just express my support for discussion on affordable housing nationally looking at zoning loosening up some of the restrictions. ‸ We'll see it's kind of an experiment at this point, but these are desperate ‸ times in terms of affordable housing.
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federal legislation introduced called trees, the residential energy and economic savings act. So we can hope that that will go forward with funding from the Department of Energy because
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It's increasing the, you know, heat high island effect in cities and trying to nurture that canopy is important to any city. And just the last thing is that we had an excellent presentation from the police department with the Citizen Academy this week. Thank you for that. I think the entire Citizen Academy has just exceeded all expectations.
Thank you. Thank you, ma'am. Okay, first I'm gonna start off with the mayor of fitness challenge. Oh, if you're going to be a part of ‸ the great weight off. The
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p.m. on Fridays, 5 a.m. to 9 p.m. on Saturdays and Sundays, from 8 a.m. to 5 p.m. And these are all Health First Pro Health and Fitness Centers. Also, I want to thank the chief and his guys and girls for the MLK March and the VCOPs. It was a great, nice event. Well attended.
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did an excellent job. Thank you. And also the Black Entrepreneurship Expo went off very well. It was a great event. There was folks in and out of there the whole time I was there. And kudos to them for putting that on. And a lot of feedback on social media with reference to it. So.
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Those dates are going to be coming. They just started the season. I was very impressed with some of the information I got from some things I didn't know. They've been around for a while. They had a couple of undefeated teams. They won several district championships. I think they won one state championship and.
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that opening day of their practices and it was. We were well received by the group. They were happy that we were there and I was so glad they reached out to us so we can. You know, just get a little bit more involved in what they have going on.
Park. I mean, I don't know what the county's role is and. And with the cars on the sidewalks and I. I don't get it. I mean, I just don't understand it, but just this past Sunday they were lined up on the sidewalks again. And of course. We're responsible for maintaining those sidewalks. And they're blocking access to folks that are in wheelchairs or whatever the case might be. And I just hope we do a better job of making sure we keep them off the sidewalks. And then we have been here recently. But for some reason they were back out there Sunday and there was parking. Over in the parking. The parking area where the tennis courts were.
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I guess it's just. Complacency. They've just done it that way. And so long they just continuously do it whenever they don't, you know. So hopefully we can address that and just kind of change what's been happening there. And
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