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 (443_CC_Reg_Minutes_10_10_2018.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: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.
(Checked against the ballots and the printed roll lines.)
Absences: no absence line could be read from the minutes' text, so none is stated here; the first page of the minutes is the record.
Also listed as present (staff and other roles): Anthony A. Garganese (City Attorney), John Titkanich Jr (City Manager), Mait Fuhrer (Assistant City Manager), Monica Arsenault (Assistant City Clerk), Jack Walsh (Utilities Director), Tammy Gemmati (Administrative Services Director), Karen Hamilton (Community Services Director), Michael Cantaloupe (Chief of Police), Gene Prince (Fire Chief), Ed Wegerif (Public Works Director), Rebecca Bowman (Finance Director), LeShawn Hinton (Helpdesk Support Tech)
Named on at least one ballot later in the meeting: Brenda Warner, Clarence Whipple Jr., Don Boisvert, Henry Parrish III, Jeri Blanco (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (16)
Agenda: Regular Meeting of October 10, 2018 (18-489) — to approve the Agenda for the Regular meeting of October 10, 2018 as presented (moved by Don Boisvert, seconded by Brenda Warner); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 1–2
to approve the Meeting Minutes of August 8, 2018, September 5, 2018, September 11, 2018, and September 13, 2018 as written (moved by Don Boisvert, seconded by Brenda Warner); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 1–2
to approve the Consent agenda (moved by Don Boisvert, seconded by Jeri Blanco); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 3–4
1. Ordinance No. 09-2018/2" & Final Reading: Related to changes in the Firefighters’ Retirement Plan due to changes in the City of Cocoa and — to approve Ordinance No. 09-2018 (moved by Don Boisvert, seconded by Jeri Blanco); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 5–6
, 2. Ordinance No. 10-2018/18' Reading: Approving the Cocoa Community Redevelopment Agency Plan Update. (18-494) — to approve the first reading of Ordinance No. 10-2018, approving the Cocoa Community Redevelopment Agency Plan update (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 9
1. Approve the reduction of the current Code Enforcement lien for the property located at 2228 Salem Drive from $34,250.00 to $3,425.00 as r — to approve the reduction of the current Code Enforcement lien for the property located at 2228 Salem Drive from $34,250.00 to $3,425.00 as recommended by Staff (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 4-1; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Clarence Whipple Jr.; nays: Brenda Warner — the City's minutes, p. 9
to close the park until further notice until the issue can be resolved (the minutes print this motion after the heading “2. Review City staff report regarding the ownership and operation of McFarland Park, and to provide any comments and dir”; the motion's own words do not name that item) (moved by Don Boisvert, seconded by Brenda Warner); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 13
2. Review City staff report regarding the ownership and operation of McFarland Park, and to provide any comments and direction as deemed app — to ‘ move forward with a resolution and accept City Attorney Garganese’s recommendation (moved by Brenda Warner, seconded by Don Boisvert); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 13
3. Consider the Approval of a Resolution concerning Amendment 1 to the Florida Constitution. (18-496) — to approve a Resolution concerning Amendment 1 to the Florida Constitution (moved by Brenda Warner, seconded by Jeri Blanco); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 14
1. Approve the Construction Cost and Authorize the Payment to Brevard County to Relocate/Replace Water Mains within the Cone Road Drainage a — to approve the item (moved by Don Boisvert, seconded by Brenda Warner); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 14
2. Authorize the City Manager to execute an Interlocal Cost Share Agreement known as: “Save Our Indian River Lagoon Project Cost-Share Inter — to Pe authorize the City Manager to execute an Interlocal Cost Share Agreement : known as: “Save Our Indian River Lagoon Project Cost-Share Interlocal al Agreement between Brevard County, Florida and City of Cocoa (moved by Clarence Whipple Jr., seconded by Don Boisvert); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 15–16
3. Approval of a Development Agreement between the City of Cocoa, Florida and 120 Barnacle Bay, LLC to allow the developer to construct 18 t — to approve a Development Agreement between the City of Cocoa, Florida and 120 Barnacle Bay, LLC. a Page 15 : i t (moved by Don Boisvert, seconded by Brenda Warner); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 15–16
4. Approval of the usage of Forfeiture Funds in the Amount of $5,000.00 to be used for Gun Buy Back Program to purchase Gift Cards and to ap — to approve of the usage of Forfeiture Funds in the Amount of $5,000.00 to be used for Gun Buy Back Program to purchase Gift Cards and to approve a Resolution amending the FY2019 budget (moved by Brenda Warner, seconded by Don Boisvert); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 15–16
5. Approval for the Mayor to sign the Subaward and Grant Agreement with the Florida Division of Emergency Management, and to approve a Resol — to approve for the Mayor to sign the Subaward and Grant Agreement with the Florida Division of Emergency Management, and to approve a Resolution authorizing the City Manager and Finance Director to sign all future amendments to this contract (moved by Jeri Blanco, seconded by Brenda Warner); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 15–16
Agreements with Orange County, Toho Water Authority, Orlando Utilities “ Commission and East Central Florida Services, Approve the Final Ran — to approve the Final Ranking of the Short-Listed Firms for RFQ-18-18-COC, Technical Consulting Permitting Services for the TCR/SJR Water Supply Project; To Authorize the City Manager and City Attorney to Negotiate and : Execute a Multi-Year Contract with the Top-Ranked Firm (HDR, Inc.) (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 17
to adjourn the meeting of October 10, 2018 (moved by Don Boisvert, seconded by Jeri Blanco); CARRIED 5-0; ayes: Henry Parrish III, Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 18
Money named in the minutes' motions (what each motion did with the amount, in its own words)
$3,425.00 — Council: decided in an adopted motion. “approve the reduction of the current Code Enforcement lien for the property located at 2228 Salem Drive from $34,250.00 to $3,425.00 as recommended by Staff” (motion result: CARRIED; the City's minutes (443_CC_Reg_Minutes_10_10_2018.pdf, p. 9); fiscal period not recorded)
$5,000.00 — Council: decided in an adopted motion. “approve of the usage of Forfeiture Funds in the Amount of $5,000.00 to be used for Gun Buy Back Program to purchase Gift Cards and to approve a Resolution amending the FY2019 budget” (motion result: CARRIED; the City's minutes (443_CC_Reg_Minutes_10_10_2018.pdf, pp. 15–16); fiscal period not recorded)
$339,796.50 — Council: Consent agenda item 1, approved with the Consent agenda. “Approve entering into a co-operative purchase agreement with, and issuing a | Purchase Order to Goodson Paving, Inc. in the amount of $339,796.50 for the | [ + Exhibit A: Letter from Matt Phillips | ig 3 a Page | 3 | j annual milling and paving of various city streets,(Project # PWO8SP), utilizing ; Brevard County Bid # B4-18-50, effective June 21, 2018 through June 20, 2019.” (motion result: CARRIED; the City's minutes (443_CC_Reg_Minutes_10_10_2018.pdf, pp. 3–4); fiscal period not recorded)
$85,320.00 — Council: Consent agenda item 2, approved with the Consent agenda. “Approve entering into a co-operative purchase agreement and issuing a purchase order in the amount of $85,320.00 to Goodson Paving for the removal and re- construction of ADA Compliant curb ramps (PW18SM) in the Cocoa Village area as part of the milling and paving project (PWO8SP) utilizing Brevard County Bid B-4-17-02, effective October 1, 2018 through December 31, 2018.” (motion result: CARRIED; the City's minutes (443_CC_Reg_Minutes_10_10_2018.pdf, pp. 3–4); fiscal period not recorded)
$108,213 — Council: listed on an agenda item that an adopted motion approved as presented. “Approve the Construction Cost and Authorize the Payment to Brevard County to Relocate/Replace Water Mains within the Cone Road Drainage and Sidewalk ; Improvements and Cone Road Infrastructure Improvements Projects, WS17CD; To Approve the Payment of the Construction Bid Cost of $108,213; To Approve a Resolution Authorizing the City Manager to Approve and Execute Change Orders in an Amount Not T” (motion result: CARRIED; the City's minutes (443_CC_Reg_Minutes_10_10_2018.pdf, p. 14); fiscal period not recorded)
$34,250.00 — Council: the amount an adopted motion changed FROM (not the amount decided). “approve the reduction of the current Code Enforcement lien for the property located at 2228 Salem Drive from $34,250.00 to $3,425.00 as recommended by Staff” (motion result: CARRIED; the City's minutes (443_CC_Reg_Minutes_10_10_2018.pdf, p. 9); fiscal period not recorded)
Agenda (the City's wording)
The City's agenda for this meeting is on file (CC_Reg_Packet_10_10_2018), 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.
611 suspect passage(s) marked in place; inspection incomplete: language review; 4 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 28 voices separated from the audio.
50 short machine repair(s) (58 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 89.5% of 24,946 content words.
Dotted words (859 places) are ordinary wording differences: hover or tap to see the other reading.
611 passages (23% 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.
Voice detected, no words recognized (4 stretches). Something may have been said here that the transcript does not have:
00:01:13 (9 s) — neither reading has words
00:05:30 (12 s) — neither reading has words
00:10:18 (31 s) — neither reading has words
01:42:48 (6 s) — neither reading has words
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.
Thank you. Eternal God, we come before you tonight. We're humbled by the magnitude of responsibility that you have given to us. We ask that you bless these proceedings here tonight, and may all things accomplished here be done according to your will and to your pleasure. We ask that you help us to stay within the acceptable boundaries of all mankind, and everything accomplished here tonight be done decent and in order. These and all other blessings we ask in your name. Amen.
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Okay, I'd like to make a motion to approve the agenda in minutes as follows. The regular meeting of October 10, 2018, the budget CIP workshop on August 8, 2018, the special council meeting on September 5, 2018, the regular city council meeting of September 11, 2018, and the special city council meeting of September 13, 2018.
City of Cocoa, Florida proclamation, whereas Rotary clubs bring dedicated individuals together to exchange ideas, build relationships, and take actions, and whereas the object of Rotary is to encourage and foster the ideal of service as a basis of worthy enterprise, and in particular to encourage and foster, and whereas Cocoa Rotary is made up of three parts. At the heart of Rotary are their clubs that are supported by Rotary International and the Rotary Foundation, and whereas the Cocoa Rotary helps
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community in many different ways, such as Josh the Otter, teaching water safety to children, and their continued support of the Boys and Girls Club, the Central
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Mardi Gras fun, our signature party in the park event, which I would hope a lot of you have already been to, and we hope to have a good successful relationship with that in the
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to be one in Titusville. Huge, wonderful event. um So that's basically it. If anybody would like to join, let us know. We're always looking for new members. And thank you again for this
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trees around the Diamond Square Regional Stormwater Treatment Facility. Just to give you some background, after observing there were no trees around the recently completed Diamond Square Regional Stormwater Treatment Facility,
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trees was not included as part of the project due to budget constraints. However, irrigation lines and system components were installed for future plannings. Mr. Diefenderfer generously purchased and donated six pine, six cypress, and six live oak trees. Public Works crews planted the donated trees and installed heads on the irrigation system. In light of his generosity and contribution to the community, and specifically the enhancements to the Diamond Square Regional Stormwater Facility, Deputy Mayor Blanco and myself requested Mr.
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The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by the City of
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impartial panel to meet the high standards of the program, which includes demonstrating a constructive spirit of full disclosure to clearly communicate the financial story. The certificate is awarded to the City, which is this one, and the award of financial reporting achievement is presented to the department that is primarily responsible for having earned the certificate I would like to congratulate staff for having satisfied the high standards of the program and earning the award for the City for the fiscal year
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Good stuff. All right. So we're going to go to the allegations. We're going to start with Matt Phillips. ‸ Everything's preloaded up here. ‸ How are you doing?
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No worries. My name is Matt Phillips, and I am president and owner of Florida Cruise Ports here in Merritt Island, Florida. And we have a proposal for the
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remains vacant at this time and the property owner believes it may take three to three and a half years until new tenants are secured In the meantime, we bring you a most mutually beneficial agreement for the use of the property as cruise transportation
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fee we offer complimentary parking with the purchase of round-trip cruise transfers We do not charge customers for the storage of their vehicles We charge only for the transportation to and from the cruise port in addition to adding fencing We would have the space lit and video monitored as well to provide utmost safety our traffic impact on the surrounding area Is small as we store a small amount of vehicles and operate a limited amount of hours from 8 a.m. To 11 a.m. On cruise days only We would agree to use the property only until the owner leases the space and again in which case we would vacate the property within six months The benefits we'd love to
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150 to 200 cars per cruise day These cruisers typically spend an average of 20 to 40 dollars per person on gas merchandise and food while in the area Altogether this would equate to approximately 8,000 per cruise day
post cruise travel services We specialize in online booking services marketed to cruise travelers that include hotel transportation and parking packages designed to complement their crews If you look on the second page you will have a map of the property you see where the red lines are This is where we've already gone to get fencing Estimated so it would
That's it yeah, mr. Mayor I want to advise the council not to comment on this This item should go through community services. There was an application. I forget if it was a special exception or a variance and it goes to the would have to secure Board of adjustment approval and this council that they they the If the ‸ application could be brought before this council and gossip quasi judicial manner, so I'm going to advise council not to Discuss
you can meet with a Karen Hamilton. I'm making an application, but you're you're correct. It was about three years ago. There was an application Related to a very similar operation
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so, um, I think it's a great idea and I told them I would address the council and Possibly see what we can where we can go with that So, um, what I would like to do is
wage of all city employees Full-time part-time and temporary to $15 an hour Now I realize that the skill sets are totally different and there's other complications But the mood of the nation is to go towards $15 an hour and in
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and that was done three years ago When there was federal discussions about the possibility of increasing the federal minimum wage And we did that at that point in time
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and it's $3 the parking and you get in for free We've got 23 canine teams at this time and it's going to be split up in two different Parts you're going to have the optical then
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I also like to thank some individual that came out and helped me build this I've been doing this for three and a half four weeks I Got to start out with the pal kids came out Saturday. I expect that I have four or five hours with the work They came out there. They're professional. I had 10 kids I'd like to name them, but
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uh, they were wonderful in two hours. It was done and I've also had a Jake Williams He came out and helped my friend Jimmy Watts. I had Joe champion. I ‸ had um
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go to Alex goings He has bent over backwards and helped me all the way through this and he's going to be out there with his trucks and his uh portable forklift to get the projects from this fire department out to the um
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me and let me do all that stuff in your fire department I will get the little drops of paint off the floor as soon as this is all over But I hope you all come out and see it's going to be a blast
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Retirement dates amending section 2-3 to share plan providing for codification Providing for severability of provisions repealing all ordinances in conflict herewith and providing an effective date This is second and final reading of this ordinance there haven't been any changes since first reading and a public hearing item mayor
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providing for the repeal of prior and consistent ordinances and resolutions ‸ incorporation into the code, severability, and an effective date. This is uh first reading of this ordinance this ordinance as the title indicates would adopt as exhibit a a
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made a determination regarding the necessity for redevelopment of blighted areas. And then in 1981, they adopted a findings of necessity by resolution, and then also adopted
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pursuant to the community redevelopment act of uh the four statutes uh the power ‸ to modify the redevelopment plan it's rooted in the statutes uh specifically 163.361 And then in 2018, which you have before you in your agenda item, you have several things. You have the CRA plan update. You know if you ever start
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have uh the copy of the letter to the Board of County Commission notifying them, and as well as uh the legal advertisement, the publication from Florida Today. So the last time the plan was updated was about, it was 21
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uh A plan update uh by statute is only good for 30 years. uh In 2008, um it started before the Great Recession hit, but it ultimately was adopted. Or approved, uh we went through about a about a year or so process uh of very intensive community stakeholder meetings, uh subcommittees. uh ‸ matter of fact, I saw Jack
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uh to do the plan. uh and so But if the plan was never amended or updated because the waterfront master plan, which did, well, said was a waterfront master plan, it covered the entire redevelopment area. The plan was not amended because the projects at the time were all found to be consistent with the 1997 Community Redevelopment Plan. So fast forward, uh 2017, uh with Hurricane Irma, which devastates the waterfront. A lot of the, for ‸ the area in, near the waterfront, there were specific projects and ideas that were considered. and so, post hurricane Irma, the CRA, retained, GAI Consultants, Community Solution Groups, the lead principal. uh Pete Seckler happened to be the
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in April, they, uh this the COCO CRA approved the, the waterfront master plan update, which contemplated more than the original waterfront master plan. just okay So, again, I think I might have just said it, but essentially a redevelopment plan, uh it should be evaluated, updated generally every five to ten years. Actually,
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says on a continuing basis, the city shall review and update as necessary the redevelopment area plans. ‸ already mentioned that the statute provides for 30 years. Thus, the 1997
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redevelopment plan, will expire in fiscal year 2027. I think it's important to note, because I know there's been discussion about CRAs within this county, and in 1994, the county became a charter county, but this CRA was ‸ created prior to the, uh charter, so therefore it still, uh abides by the laws, and is related to modifications, existence, time period, uh that are in this statute. uh so, modifying the, and adopting the new community redevelopment plan
when the act was adopted, for 60 years, the recognition that, you know, when things fall into a state of deterioration blight, it takes, it doesn't take 10, 20 years, it takes manytime longer than that, much longer than that, to, uh to reverse that and keep it on a, put on a stable course. This would extend the agency to April of 2041, and would enable the
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CRA to undertake the redevelopment projects, activities and programs contained in the plan. What's in the plan, what was changed, uh there was the background, the history, uh the data was updated, the existing conditions, they were re-analyzed you know, and the current conditions were provided, maps were revised as appropriate.
there was made a determination, well, there was many more than just the five districts, you know, because it's a very diverse, you know, area in terms of land use, function, and uh character. uh redevelop uh The community goals, policies, objectives, and plan strategies were revised as appropriate. And then the crux of a redevelopment plan, you know, because the idea is you're leveraging the
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for the tax increment financing revenues that the taxing authorities are forgoing to help fund the CRA, is you're leveraging that to, you know, both with the private sector or on in terms of doing public capital projects. So this plan uh reflects the projects, ones that were in the 1997 plan that may not have, you know, risen to the level of being completed yet. uh Those in the 2008 plan,
was about 2013 before we start seeing an increase in incremental or the tax increment value values or the property values, which thus increase the tax increment revenues. And then we incorporated the 2018 waterfront master plan, the update specifically that was more narrowly focused, wellit took the waterfront master plan, you know, as a as a foundation, it it kind of narrowed in on the waterfront that area specifically because of the devastation of Hurricane Irma. So one of the things that is required pursuant to the floor statutes is that the community redevelopment plan must conform to the comprehensive plan for the municipality. So, we did, you know, prior to the COCO CRA, considering the update to its community redevelopment plan,
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consistencies with the City's Comprehensive Plan. Specific elements within the Comprehensive Plan included future land use, transportation, solid waste, housing, storm water management, uh coastal management, recreation, open space, and then a big, again, I mentioned earlier, there's a lot of capital projects projects you know as you look at the plan. uh in And so they looked at those projects as well because they need to be consistent as well. uh Waterfront improvements and enhancements. uh Lee
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Park. And uh in the acquisition and, you know, for the interlocal agreement with the county, uh the introduction of commercial uses are are narrowly limited to, you know, to institutional and or supporting uh commercial that would support the recreational components and the boating, you know, within Lee
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improvements that could be made to it as well as along, you know, enhancing what will be rebuilt as a result of the hurricane damage. And then ‸ included projects, you know, related to parking, uh infill housing, to specifically including workforce and affordable housing. It identified new, you know, specific sub districts if you will. uh and
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that could be catalytic in nature and, you know, set the CRA on a more stable path and also, you know, continue to inject the vibrancy and the life and within the
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within north of, you know, what some of us call the north downtown or just north, north of the village. uh And it talked about wayfinding, gateways, and signage, certainly an issue that was discussed earlier this evening at the
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Community Redevelopment Agency. Then looked at streets in general. uh The Planning and Zoning Board, their role was to consider whether the the the draft amended redevelopment plan was consistent with the comp plan. On September 10th, the Planning and Zoning Board found the 2018 Community
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and that was the, what you're looking at in the middle, or to the left, is the cover for the 2008 Waterfront Master Plan, and you can see it's not limited to uh just the waterfront, it actually covers the whole area.
those that participated, that was the vision that they aspired that the redevelopment plan could, you know, accomplish. The mooring field, some additional, uh improvements to the waterfronts, the T-Doc, uh one of the projects was discussed, uh is, that is completed, the riverfront connector. um so, okay, I forgot I had that slide. So you can see, everybody can see it on a much larger scale, you know,
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uh it was to reclaim that and make it more functioning, more safe for pedestrians, and also create public space. uh the, ‸ plans were designed, at least
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uh wayfinding, that program actually, in terms of some of the entry signs have been completed, but some of the more wayfinding signs have not, because obviously we know things are, right now, in a state of, you know, there's a lot of decisions happening with this plan. ‸ so the decision was, rather than go ‸ signs up that says go park here. Well, if we'd have done it back then, they'd have been directing the City Hall down Brevard Avenue versus here, so. 520 improvements. uh It was the CRA that initiated the initial safety, you know, or the study of the uh corridor ‸ 520
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Senator Huckel, but we'll certainly look forward to working with our new representative and state senator. uh Florida Avenue streetscape. That was completed. Some people said that
that were done in terms of, uh the paved drain, uh tying in, ‸ as well, on the eastern edge. You could turn the water, uh the fire hydrant on. Actually there
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master plan in terms of the potential for the redevelopment of that site. uh that the parking study has been updated. It was, you know, it was, there was one done in 2007. uh actually
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data is correct but in terms of the document there's some formatting and some grant and some uh wordsmithing that needs to be done uh gateway signage elements uh we mentioned that uh you actually the the
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uh Riverfront Park with some potential for commercial development and a referendum was you know uh was The idea of the mayor you know to preserve that area and the council's approval uh It went to the voters and they they approved it. So that changed. uh And then we continue to ‸ pre-development activities, you know, in terms of environmental site assessment activities to try to, you know, find those properties that might have ‸ environmentally constrained.
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they're not even going to be touched in terms of looking at engineering or anything like that for a year, or let alone construction. And we, you are seeing the shoreline stabilization happen, the riverfront connector happened the finger docks for the boat ramps, that that's occurring and other projects are underway. But those ones are consistent with the existing plan. There are projects that are incorporated into the new plan that the CRA cannot expend any funds on.
it provided for a broader and included community input. ‸ you know look that 10-year action plan, it established, you know, you can find in there, and‸ somebody had mentioned to me, well, there's no priorities. Page 54 has the priorities in terms of high, medium, low, and establishes the time frame. And then the pullout sections of your redevelopment plan, uh you'll see it establishes the priorities for each area and to include ‸ timeline and the costs. So that that does exist in there. It provided order of magnitude budgeting and then projected, we uh looked at and extrapolated based on construction cost increases. You know, if this project wasn't to happen for seven or eight years, we extrapolated those costs or added to it so we would know realistically what was the cost of the plan. High level, you know, effort, you know, uh
In terms of things that were identified in 2008, but at that time everybody said, well, we can't just pull out the boardwalk. We have that beautiful boardwalk there, even though that's it's not ideal and it's not, you know, the best. Well, Hurricane Irma did something that the 2008 plan wanted to do and thought about it, but it didn't get in there because of, you know, it was something was built with grant dollars. So bringing the water, that the
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is the old 520 Road. That portion of the property, that bridge, was not conveyed to the city uh for good reason, uh because obviously the city did not want to inherit the liability if a storm was to come in and that was to just come tumbling down. Because there are some significant issues. We actually did an engineering analysis of that back in 2008, and there was issues back then with the piles and and some of the other things. uh ‸ so, the Civic Center, the addition of, additional parking,
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uh two weeks ago fishing, and, uh and it was active. I mean, it's a very active park. It's cleaned up. It's, uh ‸ it's vastly different than, ‸ when we acquired it. uh Harbor Master Building. Yes, sir. You have a question?
No. a harbor master building for the purposes of you know as we expand the uh one the plan is the city you know with working with fema will put back what existed in the cra will provide enhancements uh it does provide for the opportunity for a mooring field there was even some islands out there that could be created to try to attenuate waves the action of waves beautiful to protect the infrastructure uh the question becomes just like fdot and every other agency or even private business the cost of doing that does it you know if you're pet spending six or nine million dollars
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uh and so but building a support uh building that would help with the special events, but also opening up the green space and providing more green space, you know, for the, uh sorry, for the uh the residents. That was the narrowed in from the 2018 update. and that That was approved in April and some of those projects are underway asas many of you heard at the
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on a proposed modification in any community redevelopment plan. uh Again, pursuant to the statutes, the city did notify, notice uh Brevard County, as they are the one, the sole of other taxing
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cra already has recommended that the city council approve the 2018 community redevelopment agency plan. Thus, the requested action this evening is to approve the first reading of ordinance 10-2018
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‸ I just want to say in my lifetime I've seen three or four T-Docs blown down because of hurricanes. Consider concrete. You know, and then, um like Ed keeps bringing it up, and he's right about a police substation potentially in the uh um the captain's uh building, you know, that's the Harbor Master ‸ building. And then as far as, like, Taylor Park and all that, you know, it'sit looks pretty good. I mean, I think we're in the right direction. um I don't really have a comment comment or ‸ question after that. Brenda? I know
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um Earlier tonight at the um CRA meeting, there was mention of how long Captain Ed has been on the CRA, so I think he's probably the only one who's been through all those updates that John mentioned, but um i uh
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I won't mention the city staff that was present at the time, but um it was actually some really good meetings with a lot of public input. ‸ unfortunately, a lot of those
and seeing how it's had to change over over time because of you know other things that have happened um it's just amazing i mean to me that this plan has progressed
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but I mean John was right when he started his presentation. He said they know these things don't happen overnight. It takes years and years and years And I can sit here now and say yeah, I've for 22 years I have watched and that's how long it's taken some of these elements to take place. So yeah
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generally speaking, it's all public space, and it's sacred. We want to enhance it and make sure we have a great connection to the ‸ river. Again, like we started with 160 years ago, but wewe protected it. And so we're not going to do anything to hamper that. So, you know
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is really, it's like Brenda said, you know, we're not going to be here when it's probably done, but we're going to make sure it's on its way. And uh we have the opportunity to be to have the best, coolest riverfront to serve the the people, the citizens of
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that could be relocated in the idea of developing a public space there. I know there's been some streetscape projects and that have happened there previously. uh
uh So uh it's, and then the reality is the, uh there are a number of lots that are available for the purchase and or, you know, for, we've seen some duplexes and some other things that have occurred, you know, in terms of redevelopment within there. Okay. ‸ I'd like ‸ to see
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providing information related to some of the the projects. I mean, so it was a really a staff effort that really saved the CRA in the city, you know, a substantial amount of money.
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right, you know, one thing ‸ like that is for the public is, you know, you look at the CRA area, which is the downtown plus north and a little west, you know, you don't necessarily have the greatest income level. So the first thing a developer does, you know, he looks he looks
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income level to have it come in as heavy as other areas. That's why you see it's lagged down, even though we have the best city, the best location, in no doubt. But
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I agree. And i know each of those areas are identified in the plan. uh But uh I would be remiss not to thank, you know, uh notwithstanding that uh the performance of his baseball team last night, uh
lot of time and effort and working with staff to ensure that, you know, as we went through this process, we were, you know, checking out the boxes. You know, from the outset, he laid out a very detailed memorandum to help guide staff as they were we were undertaking this initiative. ‸ It's
this is a This is a legacy that the city is building today for generations to come. Our grandchildren, our great-grandchildren, etc So that, you know, just like the Riverfront Park. you know that's That's something that, you know, many years ago, the vision was there. It was built. And look at the enjoyment we get out of it today. So this plan is only going to enhance all
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slums and blight, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate ‸ income. Now, there's an area of the city that is one of our great treasures. It's a real gem, and that is called, in our plans here, south of the village.
River to the east, and Derby, and church ‸ streets to the north. I hope if you haven't, uh hopefully most have, driven or walked through that area off Derby Street. If you did, you would see single family, mostly modest homes, some call them cottages. They are neighborly, they have porches, people
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marked with historical markers. And they are a great source of pride, this Derby Street, off Derby Street community. They should be protected and included in tours of proud historical neighborhoods. So the question here we need to ask is, is it protected? So we look at the plan, the Community Redevelopment Agency plan
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multiple family dwellings, it reads, multiple family dwellings, four or more units per building, not more than 15 dwelling units per acre. And not more for two stories than 10 units per acre. Okay, so this is more, definitely more than a single
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This is intended to apply to mixed low density, multi-family and single dwelling residential development. And so that's one classification. It allows multi-family dwellings of more than four units, providing such use was in existence as of the date of adoption of the ordinance. There is a single family residential district And that is mainly reserved for the area to the west of Florida Avenue. If you look at the light blue on the code, that's where that comes in. So what is the zoning for this area that we want to protect? According to what I see right now on the master plan, it is, well, as we said, it is medium density residential and medium density is multi-family, 15 dwelling units per acre and it can include larger condos and such. So I'm concerned that if we keep this zoned for a higher density, we won't have single families. We may be endangering this district and perhaps spreading more difficulties
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blight. So I'm just going to ask, isn't it time to protect, of all areas in the city, this historical area with the correct zoning at least as low density? There are different classifications. You know more than I do about all the zoning, but I know there are other options.
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to provide context, first, this plan does not amend any of the zoning district regulations, and it was found in conformance with the comprehensive plan
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that, and I don't have the zoning map directly in front of me because this kind of shows what the existing development pattern is, but it does also provide for the preservation, you know, in terms of, ‸ you know,
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So, one comment. So to satisfy her concerns, your answer to her ‸ concerns about a low density versus increasing that density, your answer to her is what?
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uses. So, it didn't substitute and or, you know, eradicate the underlying zoning. That zoning still exists. So we're not changing any? No, this is not changing the zoning, you know. Okay.
I wanted to bring to everybody's attention, there's a lot of people that don't know, but there was never really a budget for maintaining that area when it was renovated. And because of that, we have lost street lights, and we have lost, I've counted, 40 trees that were, oak trees that were planted there. We lost them because nobody was able to keep them watered to take on their own. You don't have to water them forever, for the year or year and a half, in order for them to take, and then they take off on their own. It's all because there was no budget set for the maintenance of it.
council to ask for funds to fix whatever the issue is. That's the only way it's handled. So I hope that that's something that can be corrected since you're mentioning.
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were there. ‸ A lot of the people didn't trust what was being told by the city for the renovations that they did, for some of the same reasons of what I just mentioned. Because they thought that it would be a quick fix, and then everybody would go away. And that's basically what it looks like now. So I hope that there's some budgeting going on that now can prevent that.
I know it's because they were deliberately damaged. And that's a whole other story that could have been a way to handle it. But because there was no monies for it
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And I guess one thing I would say is when the CRA started off with ‸ the streetscape project in the Heart of Cocoa, the primary emphasis was going to be Hewlett, you know, to create like that, you know, that attractive, you know, collector corridor coming into the neighborhood. And the residents were the one that drove the process and said, no, I want you to do the residential streets.
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everybody that owns property there, they would be thrilled to see that. Yeah. It's just that they were excited to see the renovations, but now it's reversing itself, being blighted again. Yeah.
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here looked as good as any ‸ road in ‸ his downtown. He also said the park, Cocoa Riverfront Park was the most important piece of property in your city. Mm-hmm.
it. Build around it. Make sure it's free. You want all the families. You want people to come. And so this is just, all we're doing is expanding the beauty of it all. Right? Joe.
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Thank you, Mr. Mayor. Asking Council to approve the reduction of a current code enforcement lien for the property located at 2228 Salem Drive from $34,250 to $3,425 as recommended by staff, so that related city expenses and staff time are reimbursed.
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I think when somebody has a house for 240 days and they don't bother to do anything to clean up the trash out of the yard, they don't get a reduction like that. I'm sorry. Especially when they're a business and not an individual property owner. Okay.
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Yes, the next item is to review the City Staff Report regarding the ownership and operation of McFarland Park and to provide any comments and direction as deemed appropriate by the City Council. Mr.
are a number of items in your agenda packet to include a recently distributed petition or additional petitions from property owners in Carleton Terrace subdivision. Mr.
way of background, City staff was contacted by the Brevard County Parks and Recreation Department to meet with not only them but also some interested residents from the Carleton Terrace neighborhood surrounding McFarland Park.
And we facilitated that meeting in August. And at the meeting, there were concerns by the residents raised regarding the safety in the park. Just a little bit of background
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And that taxing district was set up for the benefit of all those that live within it for recreational services. And so this particular park, McFarland Park, as it was discovered, ‸ there was a plat dating back to 1926 that dedicated that particular property
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of years. As I previously stated, in 1965, that park currently contains a small boat ramp, boat dock, ‸ little picnic pavilion, and then just some green space along the river. The safety concerns brought to us by the residents were in
due to 24-7 access to that park. The elevation of the park is such that from Indian River Drive to the ‸ base of the river ‸ could be a 15- to 20-foot drop. There's a lot of vegetation at the entryway, so you can't see down into the park from the roadway or back out, but yet you could see headlights coming in. And so the potential for various activities to take place is there. Over the years, you know,
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the county began with their own staff locking and unlocking the gate for during the nighttime period. It was determined by those residents in that area that just securing the gate in the evenings is simply not enough for the perceived safety and propensity for incidents that could take place in that park, short of establishing a police officer 24-7 at the base of it.
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stated that it was dedicated for park purposes to the lot owners. The city subsequently undertook a title search to determine any, you know, interested owners in that property. And it was determined that there were three of which one was the original developer because his interests hadn't been conveyed to the lot owners. The lot owners, the
as ‸ the owner, although no supporting legal transfer documentation of that. And so city staff did some more historical work, again, finding the maintenance records of the park, some capital improvements such as the boat dock and ramp of which, you know, we had to submit for permitting or the county back in the early 70s.
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They simply submitted the 1926 plaque. So for whatever reason, the state agency at that time thought that was sufficient ownership to provide a permit to the city to undertake those improvements.
within that park because you have a question of ownership, potential lack of insurance if there were a claim. And I think Anthony can go into more detail as far as the ‸ legal aspects of the current situation that this park is in.
guess the only thing that I would emphasize, because Matt did a real nice job summing up what could be ‸ discerned from the records, is, as Matt indicated, ‸ this park for decades has been maintained by
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arrangement. And notwithstanding all of that maintenance and maintaining McFarland Park as a public park, when the title search was done, there is nothing in the records, the land records of Brevard County, conveying any interest formally to the city of Cocoa. ‸ There just isn't anything of record. In fact, the
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public park. But, you know, ‸ flash forward today, there isn't anybody here that goes back that far to try to isolate why that ‸ occurred under the circumstances. Now, you know,
residents of Carlton Terrace that may have been here a while may have some information that they would like to share with ‸ the council. Yeah. ‸ Whether or not that information could be corroborated ‸ up here on the dais, I don't see how that can be done. We've tried to look at whatever record documents exist to try to piece this situation together.
meeting that, frankly, we didn't have showing that Brevard County, back in 1973, submitted a grant application ‸ to the state. And that document has a little site plan that indicates that the property is owned by the city of Cocoa and leased to Brevard County district, Parks and Rec district, for recreational park. So
So everybody ‸ has been moving forward for a long time under this impression that the city of Cocoa owns this park. But that's not what the plaque says. And there's some case law that I found. I've shared it with some of the lawyers in the community that reside in Carlton Terrace. And I think that's been passed along. But there's situations where municipalities have been able to secure through the courts a park ‸ easement. And situations that are similar to this, not exactly the same as our situation. But what the courts would emphasize is that over a period of time, I said what the courts might find is over a period of time, if the municipality is maintaining land that was dedicated to lot owners of a particular subdivision for park purposes for a long period of time, under certain facts,
of the facts presented in order to make that determination. And we cited that case just to make council aware that you know the courts would would recognize a public park easement ‸ certain circumstances and
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it's the residents which I'm looking at a petition that has probably less than 10% of the actual residents or somewhere in the neighborhood of 10% of the actual residents signed it.
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residents of Carlton Terrace actually want to have their park back and maintain it and have the city get out of it, what is the method for us finding out? okay is there a way that we could do a vote and let the residents of Carlton Terrace vote to decide whether or not they want to keep their park or give it to the city I mean is there a voting mechanism for that like like we've done with neighborhoods that wanted to annex I mean is there like a process for letting them vote
well it's my understanding that they don't have a homeowners association. So, and this is not ‸ common area that is maintained by homeowners association. But what's indicative of the language on the plat is that the lot owners, regardless of what action the council may take, is listed as as having an interest in this land.
a lot owners, this has been dedicated to the lot owners for park purposes even the case that I cited even if the courts were to recognize a public recreational easement, it would be recognized that that easement exists along with the dedication that was granted to the lot owners in the plat in the first case, in the first instance. It would be shared interest and I'm not saying ‸ again I'm not saying that that's what the case would of course would hold today, but, you know, they have this interest, in my opinion that was dedicated back in 1926 so I don't I mean that's the each lot owner I don't know how they would as a group you know handle this particular situation but I would imagine that each lot owner may have a separate and diverse
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my point is, that responsibility was conveyed in 1926 when when when the plat was was prepared and recorded. they have they've had that interest sincesince that time.
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because they don't have a homeowners association, just assume that we we take, give up all ‸ the park. It's no longer ours, and we're not going to do anything to it. Now it belongs to these
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property owners. And we have, ‸ a set code enforcement action against the dock or something in that part Who do we cite for code enforcement if 187 people own this? And who pays if there's a code enforcement lane? And who's responsible for fixing it? And what ‸ there's a drainage issue? and
a homeowners ‸ association and right you would have a common area and homeowners association would manage the common area they would be able to assess the property owners
[01:37:16]▶ PlaySpeaker 25 (introduced as “John Callahan” — machine-transcribed, not verified)
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part of the reason for bringing this forward was to establish some sort of documentation in the history of this park so that we know going forward and there's record of this that you know we're aware of the issue this is what we could find and I didn't mention but currently the ‸ gate is closed
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‸ the gate is secure and I do believe that we will be receiving a letter from the county saying that they will not continue maintenance on that park since
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just want to echo because I think it was important and we talked about the manager's office and I important ‸ to get this information out to the council and get it out to the public so it's on the record you know what everyone decides at the end of the day on how to handle this particular situation is another issue but at this point we just wanted to get this information out there so there wasn't any you know speculation or he said she said
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and the position of many of the residents and the homeowners within Carleton Terrace and I and I appreciate your patience with all of this um um first of all the the city acknowledges I think within the documentation that has been uh provided to you that the city as each of you have acknowledged to this point has no recorded interest in the park We'd like to present this information as a matter of record, if nothing else, to protect our due process, should we decide to go forward contingent upon the city's position with it. um I'd quote also that the city staff could not locate any records which identify exactly when the city began maintaining or operating the McFarland Park and the reason for doing so, under under what permissions, from what landowners or whatever. Nonetheless, we all recognize that it occurred. The fact that
the end to this matter. with the sole exception that the city attorney has has raised a potential city claim based upon a district court of appeals decision in and around the city of Miami
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to object. ‸ And that objection in itself, based upon the district court of appeals decision, should hold weight. In this case, we certainly have more than one and probably prior to this moving forward, there will be numerous other petitions. But would also point out that when we look at the number of petitions that are submitted, many of these petitioners own more than one lot in this property itself. So their percentage of ownership may be more than just the original fractional deal as to how it was subdivided.
for the proposition that an offer of public dedication by the residents may be inferred from the residents lack of objection, which we just mentioned briefly here a moment ago. If so, the government may accept the government the local government may accept the offer by resolution. No inference of an offer of public dedication by the residents of
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we're told, as discussed momentarily, it seems clear that the county property appraisers records incorrectly showed the city as the owner, beginning in 1965 or thereabouts from the records that we've been able to research and find.
I don't say this in casting dispersions, but just as a as a point of fact, for at least 53 years or so, give or take. Plus, it's important to note that the number of times that these properties have changed hands since 1924, 1926, that routinely when a property title search is done, they only reference the property for the most part that the residence isis on and not perhaps the appurtenant property ownership, which is
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public hearings by the city regarding the park and the residents in those public hearings make no objections. Therefore, the evidence was that the residents were aware that they were the record owners and failed to object to any affirmative ownership to the city. There was no evidence to the contrary, the courts decided. Therefore, the court,
inferred from the failure to object to those pubs to the public use of the park itself. Quite the contrary with the circumstance, if I may point out. While the residents of Carlton Terrace, having been, again, I use the term misled as to the true status of ownership over this duration of 53 years, no court probably is going to conclude that an offer of public dedication can be so inferred from our circumstances. The county property appraiser requires a copy of the deed or other conveyance before showing party as an owner of a parcel. The county was unable to find any records as to why it entered the city as owner of McFarland Park. In 1965, in which
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but it was never executed by the city. So it stands either in a month to month this uh scenario at this point or or whatever legal interpretation would be made. uh As the city has recently acknowledged, the title search shows that the city was never the recorded owner of the park for the record. therefore the city has been incorrectly claiming ownership of the park since at least December 8th of 1965 or perhaps even earlier It seems clear that it was uh this lease, in from this lease, and accompanying incorrect representations of ownership that was made by the city to the county that led the property appraiser's office to take the actions they did and to incorrectly show that the city, as owner of the beginning of beginning, basically in 1965 or thereabouts, from what the records were been able to find.
as to the true ownership of the park for at least 53 years with this. And none of them would have had a routine occasion, since their title searches on their properties and things never pointed this out, unless they had ‸ gone back and reviewed the plat map and had looked at that. uh This was not the only time that the city made representations of ownership of the park.
another lease from the city that I mentioned there in 1986. uh They represented, again, the same scenario to the county. We've also located applications of the city jointly
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Army Corps of Engineers through DEP ‸ and and various other entities, primarily having to do with the waterfront and the dock issues and getting permission, of permits to do those things. And again, it's specifically in one of the documents that I found, the city, by inference, submitted those documents to the Army Corps of Engineers, representing that ‸ they were the owners of that property in itself, which, in fact, they weren't.
On a separate point, the court in Eastern Realty stated that the residents had not acted in that scenario to revoke the offer of public dedication before the city, formally accepted by resolution, the dedication of that property. Even if the residents of Carlton Terrace had made an offer of public dedication, which they have not to this point, the residents revoked it in the notices that were presented to you in
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us that there are 187 lots in Carlton Terrace and that the consensus of the residents is not known. I would submit to you that consensus is not required in this scenario since each one of those residents has a fractional portion of ownership within their claim to the property itself. So this totally misses the point. Each resident record owner of a percentage interest in the park and as such, the objection we submit to you even of a single resident would be legally sufficient under the
object. However, residents are collecting signatures still as we speak here tonight. There are a couple of other issues. Very briefly, if I may. Mr. Fuhrer's memo states that the residents previously raised safety concerns, which we did. But however, this grossly understates our stated concerns relative to the park itself. The park has had a long reputation, as many here
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These are adult pushers, buyers, users of street drugs, and those seeking public sex. We recognize that the local constabularies that we have between the Cocoa Police Department, the Sheriff's Department, they make a valiant effort to police
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I live at [address] and probably no more than a couple hundred yards from the park itself. And really, my intent in speaking tonight is just to make sure that, you know, everybody understands that as a concerned resident, we would just like to know if, in fact, the park becomes our ownership, quote, as far as Carlton Terrace, how would it be managed? What the responsibility is? You know, what are the financial concerns?
people within the terrorists before we can come to an educated decision on what we really want to do. We definitely know there is a problem with the park. You know, I think all the residents would definitely agree. But again, my point is, you know, how do we go about, how do we go about doing this,
residents, how is this going to be done? What kind of financial responsibilities would there be? You know, accountability, you know, and things like that. I just want to make sure that that's understood and on record as something that I think is a concern of everybody within Carlton Terrace. Thank you.
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[01:53:57]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:54:19]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified)
I was in fifth grade. Two years later, my brother and I got a sailboat,
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[01:54:46]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified)
And Coco said, well, that ‸ park now belongs to the city of Coco. And he said, well, I don't understand why. Because
[01:54:53]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified) · Machine re-recognized
all
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[01:54:54]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified)
my deed, I have legal description of that property on my deed. And in those days, all the old deeds in Coco had the park listed as a park and the legal description of it on the deed. And now I'm told that the new deeds don't have that on
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[01:55:16]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified)
park belonged to the city. And so their deeds don't have it on
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[01:55:22]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified)
around. A little bit gimpy here. But I got 17 petitions. And nobody I talked to refused to sign it. And most of them didn't even know the park belonged to us, to the lot owners.
[01:55:37]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified) · Unclear audio
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[01:55:46]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified)
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[01:56:35]▶ PlaySpeaker 25 (introduced as “John Callahan” — machine-transcribed, not verified)
live at [address]. ‸ First of all, I want to say thanks for the support we've gotten from Matthew and the city manager. My biggest concern, now that the park gate is closed, is the liability issue. Nobody has insurance on this park. Where does the responsibility go?
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I mean, to the extent that the city's, you know, interests were confirmed by a court, of course, then the city would have a duty to maintain the property just like any other park that is owned or leased by the city. Or controlled, right? And controlled by the city.
You know, that doesn't change. And how the lot owners would ensure the potential liability due to that interest that's been conveyed to them since 1924 is ‸ up to the lot owners. You know,
this park or not. That's really an ‸ issue for them. But from the city's perspective, as long as you're in the game trying to maintain this ‸ property, I would say just the general rules of torts and negligence will apply with respect to ‸ liability. You know, but with that said,
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belongs to these people. I don't want to take them to court to take their park away from them. I mean, yes, it's ‸ been used by the public and the city of Coco and other people for all these years. ‸ And we paid to maintain it. But while we were maintaining it, we were getting a public purpose out of it. So I don't feel like they owe us anything, you know. I just, you know, they want the park. It's their park. Fine. We just quit maintaining it and let them have it. I mean, what's, and my only thing is that, you know, as residents, if I
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to get together with all my neighbors and decide how we were going to deal with it. But they've got, I mean, they probably as a group need to hire an attorney and see what their liabilities and stuff are. But if it's not ours, it's not ours. And, yeah.
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found anything that was going on legally. Or I'd have to cough up back up. And, you know, people drinking beer and letting their dog run loose and not cleaning up after their dogs.
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the city wants to essentially turn that over to the lot owners, I think there needs to be a legal remedy to establish that to get ‸ the city of Cocoa off of that record.
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to clarify for the record that the city will no longer be maintaining ‸ this property and that the city is not claiming an interest in this property. Given the history of the city and the county maintaining this, it may be appropriate for the council to adopt the resolution. Okay. So, it's clear in the record. In fact, you
even want to record it and advise the property ‸ appraiser to ‸ fix the database accordingly. And that would be a clear indication by this governing body that the city of Cocoa no longer claims any interest in ‸ this property. Which then, you know, it falls upon the lot owners and
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And then the taxpayers in District 4 would no longer be paying taxes towards this park, correct? At that point? Because they have been since the county, let's see, what date was that?
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that everybody had an opportunity to express their opinion. But I think as property owners, you guys need to get together and ‸ come up with a plan and decide how you want to move forward. Whether you ‸ want to form a homeowner's association, whether you want to vote, it sounds to me like you may have an attorney amongst you and maybe you guys
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That's been that was my concern. I just wanted you to know that that's on the table because I ‸ think we all have an interest to make sure it's maintained.
Right. We, we want that to remain a nice place. We don't want it to be overgrown. Either the dot needs to come out so nobody gets injured on it or it needs to be rebuilt. Whatever you guys decide is yours. We're here to assist you. Make it work for you. If you want to share it with other
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was just going to suggest if you know if the residents of Carlton Terrace need a location for them to meet, we would certainly make available the Civic Center, you know, whenever they organize to have a meeting.
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‸ I'd like to make a motion right now, if I may, that we keep the gate locked until we get this straightened out and find out the liability and et cetera.
want to do and then we can take it from there. But I think right now we should lock the gate and leave it locked until further notice. That's my motion. And
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Keeping the gate locked, I think, is a good idea. I would like to make a motion that we ask the city attorney to go ahead and move forward with a resolution because I know it's going to take a few weeks to get that prepared. Yeah.
he suggested that we, you know, publicly and formally give up our interest. And then if the homeowners in Carlton Terrace come forward and want to work out an agreement later, then we've got a clean table to work from. So, why don't we, I'll make a motion
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quote probably, comprehensive tax reform for Floridians. And I know the resolution establishes, you know, some just generally, I know in the county and in the state, you know, but
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they won't experience any of that. So, it's, I know local governments, county, ‸ both municipal and county are concerned about this. I know we've talked about it as a horizon issue in terms of the impact of potentially a loss of revenue of ‸ $160,000, which might result in a, you know, millage increase to, to make up that shortfall.
I'm just saying, this resolution is expressed in councils put on here, and if we did work with League of Cities, is essentially to, you know, establish, you know, council's position on the terms of, or the resolution or your position. It really goes, amendment one goes to, it will benefit a handful of homeowners, ‸ but it could expose local businesses, non-homesteaded properties to higher tax burden. Florida Tax Watch, non-partisan, independent, tax watchdogs in the state for three-plus decades, they are adamantly opposed and are encouraging people to vote no on amendment one. Because of the, the concerns of the tax shift, you know, in terms, rather than tax reform. So, the League put out a, an email, and I thought it was appropriate, and that's why I put it on the agenda.
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resolution amending the 2019 budget accepting stormwater reserves revenue. Uh, this is for a, uh, cost share project for our, uh, stormwater baffle box on Church Street.
save our Indian River Lagoon has offered some money. Uh, this past year. Uh, there's a little language, uh, issue that needs to be worked out with the scrutinized contractors list.
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to orient you to the site and a few aspects of the development agreement. We won't take too long. We also have the applicant team here, the developer, in case there are any questions. Thank you.
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[02:19:04]▶ PlaySpeaker 26 (introduced as “Barry Slack” — machine-transcribed, not verified) · Unclear audio
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Many of you know it as the site of a former funeral home. And the applicant had various concept plans that they had been considering. And it wasn't until the site diagonal to it, which is the former Oaks Mobile Home Park, had been, there had been an RFP issued by the COCO CRA to redevelop that site.
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for the RFP response, a smaller portion of that could be mirrored on the subject property site before us tonight. And so this development agreement understands that the site is constrained in part because there are three, there's some FP&L transmission lines and just the sheer, the size of the parcel. And this would be a catalytic development for the southern area of the village. And it's right across the street from the heart of COCO.
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They're wishing to, they're wishing to construct 18 townhomes on these three parcels of land. And I apologize for the technology there. So we've established, okay, the parcels are on the north side
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The landscaping at the north side, the top of the screen is, has shrunk. The project has moved back a little bit further. But essentially the, the basic layout hasn't changed.
Um, and it's, it's at this stage, it's very busy. It conveying an awful lot of information. The, uh, the project will have a driveway, one way shared drive, uh, across the, uh, north side of the parcel from, uh, from Florida across to, uh, John Guerin.
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totaled to, um, on the corner, the southwest corner, uh, will back to a shared short drive with the two, uh, that are actually facing the stormwater pond. And we have four units that have,
Yeah. Um, this rendering shows the, the rooftop effects. Um, and, and actually the, the townhomes in the distance are, are that parcel you were just mentioning.
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Um, the, uh, architectural covenants, um, enhancements, uh, some variances and waivers that are requested by the developer, um, and a provision for two model homes, all incorporated in this development agreement. Um, I'm going to skip over the background. We've already sort of covered that.
uh, review when we get the, the, uh, preliminary subdivision application in. Um, so for a development agreement, we look at, uh, four criteria, the need for the variances and waivers that are requested, um, the enhancements that are provided, consistency with a comprehensive plan, um, and, uh, public health and welfare. The variances and waivers come from two categories. They are
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And then those that are, um, driven from, uh, chapter 18, which is, uh, subdivisions. And I won't go through them in depth. That's the list of the ones that are, uh, out of the, um, zoning section, the overlay district. And then there are three more from subdivisions.
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within, you know, five to 10 feet. Um, and because of these poles that literally they'd be right outside the front door. Um, so they're turning, uh, four of those units to face east and west as a result.
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Um, so, you know, in sensitivity that we've addressed that, uh, part of their variance. So they will be providing, um, enhancements among them, uh, seven on street parking spaces on Roselle Jones. They'll be done, uh, in a manner that matches the, uh, streetscaping that we've, um, already got on, uh, Florida Avenue.
to provide one, and they'll be, uh, adding a second one. And also that those will be, um, mirroring what we have, um, for street lighting on, uh, Florida. So we've asked them basically to wrap the, the site with, uh, the same kind of street, um, um, uh, treatment that we have elsewhere. Um, and then there's lighted walkways,
pavers at the garage entrances and, and, uh, underground utilities, energy efficiency, uh, features. Um, the, uh, projects, um, as we already touched on, it's, it's offering a smaller footprint, a vertical design that we haven't had before. Um, and, uh, we did, we took a look at the height. It is, uh, this is going
So they will be, uh, below that. And then, um, the comprehensive plan, there's two policies and, uh, and a goal that, uh, the, uh, the project is in support of. Um, and we looked at, uh, you know, next steps for the, for the case of the, for
sake of the developer. Um, they'll be bringing in, um, very shortly the preliminary subdivision and slash site plan, uh, as, as one document that will be going, uh, to the planning and zoning board shortly. Um, presuming, uh, you,
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Really. Well, that's this kind of dwelling they want. They want to be able to walk to the village. They want to be able to. You know, um, walk to their stores. They don't necessarily want to get in a car and have. Well,
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Doty. This is so exciting. Before the crash, the economy crash, everybody, including me, had extra lots. Everybody's holding. Yeah. And we were getting ready to unleash things. But this is, this is cooler than, but you know, like, like townhouses. And, um, yeah.
the crash came, everybody's kind of shedding their stuff. And I like this a lot better. And I'm glad we're resuming the interior builds. And this is going to start something
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this? I just want to thank the developers and their team for their patience as we work through the nuances of making this happen because they're kind of breaking ice on this one. So we certainly appreciate your understanding and patience.
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We're probably going to delay the ribbon cutting from next week to just a couple of weeks. Okay. But we're waiting on the permits and ‸ we hope to have them in a month or two and we look forward to working with staff. They've been
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for the mayor to sign the sub award and grant agreement with the Florida Division of Emergency Management which is contract number Z 0 4 0 6 and to approve a resolution authorizing the city manager or the finance director to sign all future amendments to
and all subsequent obligations will cause an amendment to this contract which we're requesting the mayor to sign and so we're requesting that the future amendments to the contract the resolution would authorize the city manager or the finance director to approve those subsequent amendments until all the money is fully obligated and then we would bring
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canine competition coming up. It's basically on canine competition at Cocoa High. It'll be at the stadium from 1 to 5 or 1 to 7 on Saturday. I encourage everybody to come out. There's been a lot of people who work really, really hard from the community. Councilwoman Warner put a lot of time into this also.
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I can tell you, Mr. Mayor, if you've never seen a bloodhound run an obstacle course, you definitely don't want to miss this. I think the sheriff is sending Junie up. He might have a possibility of winning. I also understand ‸ I would like to extend our condolences to the sheriff in the fact that we got ahead of him on this.
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let the public see the disaster relief trailer, especially right now while everybody's thinking about hurricanes. ‸ It's a big asset to his animal services department that the Brevard Kennel Club, who's also our major sponsor, managed to get for the sheriff
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guess, showcase of Florida Avenue starting in Rockledge and making their way here to show how a complete street should be designed. So do's and don'ts. And then I guess maybe stopping at timeout afterwards. So I think it's about 530 in the evening. And if you're around, you might want to join.
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The only thing I wanted to share is this coming Monday on October 15th begins the toy drive sign up for the city of Coco's toy drive. Sign up ‸ beginning at the city clerk's office from 9 a.m. to 4 p.m. starting Monday, October 15th through Friday, November 16th. We'll be also accepting donations of toys here in City Hall at the police department and all three fire stations and at the utilities building.
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Okay. Thanks for schooling us tonight. I appreciate it. I didn't mean anything about the attorney stuff. I was just kind of... Yeah, right. No worries. Yeah. We're good. Everything's good. That was good. Yeah. Mr. Assistant City Manager, Matt?
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Just... First, I just want to see, Council, as you're aware that you directed us back in August on the first reading of the zoning amendment requested by the
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and specifically the character scale, among other considerations, to have a public workshop. That public workshop occurred this past Wednesday. It was well attended and it was facilitated by GAI Consultants and Community Solutions Group,
did discuss... I did discuss at the outset of the workshop that while it might be difficult and we were uncertain if we would be able to make it to the next... We knew, ‸ obviously, not tonight, but to ‸ the 24th City Council meeting for the second hearing. We have received the report. We've worked with the City Attorney's Office and we have placed legal advertisement and are planning to bring the second hearing... Schedule
I want to make that... I'll set now and then also let Council know for everybody that signed in and provided their email address. We will email them so they are informed of the meeting. And so I just wanted to, you know, make that announcement rather than just... So people are aware. Because at the time we weren't certain we would get the consultants reporting and have sufficient time to analyze, take into consideration, and then see if there was a way to, you know, subject to what the outcome of the workshop was. So the other thing, just...
That was for something else, sir. Okay. And then just from one local government to many, our thoughts and prayers are with those cities and communities and residents and businesses being impacted by Hurricane Michael and the Panhandle.
Yes. Just one thing I want to comment about. You may have seen in the news in Virginia Park there was a lady that was assaulted in her home and the individual, so ‸ I'm told, has been incarcerated.
just wanted to mention that it was on TV. They had a photograph of my neighbor who has a door camera, doorbell camera, So that speaks volume for what we ‸ really need to do in order to protect our homes, and I appreciate you, Chief, doing close patrol in that area after
event has taken place. We really do appreciate that. I've had several visitors to my home with their concerns about the safety and the people walking through the neighborhood, backpacks, et cetera, and I thank you for paying attention to what's going on in that area.
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Thank you. And the cameras, that was very instrumental in us being able to solve that as fast as we were able to, ‸ and then kudos to ‸ our detective team.
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at it on your phone. Yeah. Yeah. It's called ring. Actually, the guy who developed it took it to the Shark Tank show and couldn't get an investor, And now he's actually a member of the Shark Tank. He's making billions off of it, so. Wow. Yeah. That's good.
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had a newscaster come to my house this evening looking for the lady with the camera. She just happened to be my wife's classmate that lived about four houses from me. Yes.
just wanted to talk about the ‸ canine thing and make sure you guys come out and have a good time, and hopefully the sheriff will come out and we can give him a hard time some more. Okay. You need to be there, Mayor, just in case the sheriff comes up. I'm going to be there.
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Two items. Next Tuesday, the 16th. Yeah. Next Tuesday, the 16th, I will be hosting my District 4 town hall meeting and that will be at fire station 1. So for those of you in the audience and listening who don't know where that's located, it is just directly behind the intersection of Dixon and Clear Lake.
visible from that intersection. You shouldn't, you know, ‸ I don't see how you could really miss it. It's a large facility and well lit up. So I hope we have a good turnout. I'd like to see a lot of attendance. This is the last town hall meeting of the year. So for all of us, you're listening, I hope you can attend. And thank you for the chief for allowing us to host the town hall meeting at his station. I appreciate that. Thank you. And one other item I just want to mention because no one else has mentioned it yet.
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Well, then you should. You should. And I just want to thank the staff on the report that we got from the CRA. I know that they put a lot of work into that presentation And thank you very much for all the hard work and hours that went into it. So very, very good information and thanks for the presentation, John. So that's it, Mr. Mayor. Yeah.
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a very up event. Ms. Huckel was a friend. I really appreciated getting to know her the last four years. She was a champion of home rule. She came from local government and so we didn't have the disconnection that we've experienced with other elected officials from
Probably my biggest beef and Brenda's, right? I know John, everybody here has enjoyed dealing with her and losing her to cancer was a big blow for the state of Florida. She loved having her office in the Porsche house in the southern end of her district. She had a huge following of people that loved her. I mean, for me, just a quick story is for a time there, she would call ‸ me, I would do a morning picture. We always had a little bantering back and forth that I'd say, and I thought, honestly, she would man the social media on Twitter, John, and ‸ Facebook. And
the other day, she did it all herself. And she was very tech-minded and she ‸ did a great job for the district. And I really appreciate ‸ her. I don't know who we're going to get to replace her, ‸ but
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And she'd laugh ‸ about social media and stuff. But she was very, very experienced in her wisdom, wit, was second to none. Very experienced. Didn't worry about a lot of things.
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And ‸ she was always willing to listen. She didn't care. ‸ If you didn't think like she did, she would listen to you. I ‸ think that comes from being in local government.
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just, if they're listening, I would hope that they would think real hard about finding someone who had the ‸ same heart as Senator Huckel for local government.
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