City Council

City Council Regular Meeting

Date
2018-08-28
Status
City minutes and machine transcript available
Source
CivicClerk event #543
Also captured via
YouTube mirror (WI7y_ylehmY) ↗ — alternate recording of the same meeting; primary transcript shown above.
Built from the City's minutes records — no AI-written text Briefing final

The City's record

What the City's record shows

Built only from the City's minutes (644_CC_Reg_Minutes_08_28_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: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.
  • (Checked against the ballots and the printed roll lines.)
  • Listed absent: Henry Parrish III
  • Also listed as present (staff and other roles): Anthony A. Garganese (City Attorney), John Titkanich Jr (City Manager), Matthew Fuhrer (Assistant City Manager), Carie E. Shealy (City Clerk), Katie Ennis (Acting Utilities Director), Karen Hamilton (Community Services Director), Gene Prince (Fire Chief), Lora Howell (Deputy Finance Director), Jonathan Lamm (Deputy Fire Chief), Rebecca Bowman (Finance Director), Dodie Selig (Planning & Zoning Manager), Tre Folston (Helpdesk Support Tech)
  • Named on at least one ballot later in the meeting: Brenda Warner, Clarence Whipple Jr., Don Boisvert, Jeri Blanco (participation, which can differ from the roll: arrivals and departures are in the minutes' text)

Adopted actions (11)

  • to approve the Agenda as presented with amendments and to approve the Minutes for the Regular meeting of July 24, 2018 as written (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 4-0; ayes: 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 Brenda Warner); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 4
  • 1. Approve a Code Enforcement Lien Reduction request in the amount $2,046.55, as recommended by the Code Enforcement Board, for the property — to approve staff's recommendation (moved by Brenda Warner, seconded by Don Boisvert); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 5
  • 2. Approve the current Code Enforcement lien for the property located at 1110 Mitchell St. to be reduced from $6,250.00 to $2,016.00. The Co — to approve staff’s recommendation (moved by Brenda Warner, seconded by Don Boisvert); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 6
  • 1. Approval to submit three (3) Local Mitigation Strategy Grants through Brevard County Emergency Management. Two Public Works projects, one — to approve the item (moved by Don Boisvert, seconded by Brenda Warner); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 7; the vote on p. 8
  • 2. Approve a Resolution Amending the FY2018 Budget to Allow for Emergency Repairs of Groundwater Filter #5; To Authorize the City Manager to — to approve the item (moved by Brenda Warner, seconded by Clarence Whipple Jr.); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 8
  • 3. Approve the Preliminary Assessment Resolution 2018-068 for Fire Protection Assessment, for Fiscal Year 2019. (18-366) — to approve the Preliminary Assessment Resolution No. 2018-068 for Fire Protection Assessment for Fiscal Year 2019 (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 8
  • 4. Approve a final subdivision consistent with Chapter 18 of the City of Cocoa Code for Lakeside Palms, LLC, a 103-lot subdivision consistin — to approve the item (moved by Clarence Whipple Jr., seconded by Brenda Warner); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 9–10
  • " 5. Ordinance No. 8-2018/1st reading: Related to changes in the Police Officers’ Retirement Plan consistent with a Memorandum of Understand — to approve the Ordinance No. 08-2018 on first reading (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, pp. 9–10
  • 6. Approve Resolution 2018-072 authorizing issuance of Water and Sewer System , Refunding Revenue Bonds, Series 2018C (the “Series 2018C Ref — to approve the item (moved by Clarence Whipple Jr., seconded by Don Boisvert); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 11
  • to adjourn the Regular meeting of August 28, 2018 (moved by Don Boisvert, seconded by Clarence Whipple Jr.); CARRIED 4-0; ayes: Jeri Blanco, Don Boisvert, Brenda Warner, Clarence Whipple Jr.; nays: none — the City's minutes, p. 14

Money named in the minutes' motions (what each motion did with the amount, in its own words)

  • $2,016.00 — Council: listed on an agenda item that an adopted motion approved as presented. “Approve the current Code Enforcement lien for the property located at 1110 Mitchell St. to be reduced from $6,250.00 to $2,016.00.” (motion result: CARRIED; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 6); fiscal period not recorded)
  • $600,000 — Council: listed on an agenda item that an adopted motion approved as presented. “Two Public Works projects, one for $600,000.” (motion result: CARRIED; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 7; the vote on p. 8); fiscal period not recorded)
  • $400,000 — Council: listed on an agenda item that an adopted motion approved as presented. “and one for $400,000.” (motion result: CARRIED; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 7; the vote on p. 8); fiscal period not recorded)
  • $844,000 — Council: listed on an agenda item that an adopted motion approved as presented. “One Cocoa Utilities project for $844,000.” (motion result: CARRIED; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 7; the vote on p. 8); fiscal period not recorded)
  • $30,000,000 — Council: listed on an agenda item that an adopted motion approved as presented — authorized up to (a spending limit, not an amount spent). “Approve Resolution 2018-072 authorizing issuance of Water and Sewer System , Refunding Revenue Bonds, Series 2018C (the “Series 2018C Refunding Bonds”) ; not to exceed $30,000,000 to refund the Water and Sewer System Revenue Bonds Series 2010 (Federally Taxable - Build America Bonds - Direct Subsidy).” (motion result: CARRIED; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 11); fiscal period not recorded)
  • $6,250.00 — Council: the amount an adopted motion changed FROM (not the amount decided). “Approve the current Code Enforcement lien for the property located at 1110 Mitchell St. to be reduced from $6,250.00 to $2,016.00.” (motion result: CARRIED; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 6); fiscal period not recorded)
  • $2,046.55 — Council: listed on the agenda item (a proposal as listed, not an approval). “Approve a Code Enforcement Lien Reduction request in the amount $2,046.55, as recommended by the Code Enforcement Board, for the property located at 1111 Northview Dr. (18-305)” (on the item; the motion's words do not state whether this amount was adopted; the City's minutes (644_CC_Reg_Minutes_08_28_2018.pdf, p. 5); fiscal period not recorded)

Agenda (the City's wording)

The City's agenda for this meeting is on file (CC_Reg_Packet_08_28_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.

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.

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not a bad report. It's actually a
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They had some issues and possible violations for bad paint. Their wood on their roof was starting to rot and they got a ‸ code enforcement violation.
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reached out to the community to help her
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kind of waited too long and I started getting frustrated but he actually called me Sunday when we started trying to help her out. So my thing is
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enforcement with people who doesn't have the funds to get those violations taken care of. I'm not saying we can help out on every single situation but the small things where you get someone, her husband actually had two brain surgeries and he was an army vet. So she doesn't have $1,000 to fix a roof or pain. So I'm asking that code enforcement, maybe we could give our phone number, whatever the case may be. If someone has an issue
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that's
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small, we can come in as a community to help out with that situation.
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Everybody can't ‸ handle all their violations ‸ or code enforcement issues. And also I talked to Brian about code enforcement knocking on doors and actually talking to the residents. Because sometimes when they get papers in the mail or it's kind of threatening, it's scary if you're an elderly woman to get these things in the mail and you know you don't have the funds to take care of the situation. So I'm asking for maybe a partnership with our organization to help out people who don't have the money. Because they get violated $250 a day and you have to choose between a light bill and a fence. You're not going to take care of that fence.
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Then you get the liens and all the other issues. ‸ So I'm asking maybe I could come to the code enforcement and just ask that we can get some sort of a partnership.
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Go ahead.
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to explain your ideas going forward for that.
[00:02:40] ▶ Play Speaker 1 + overlapping voice · overlapping voices
‸ I
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think it's an excellent idea. And I do believe that they will listen because I'm sure that they don't want to continue to levy fines against someone who can't really afford to pay that $250.
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I suggest you come to the
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court
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board meeting.
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Okay. Okay. I'll do that. Okay.
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Okay.
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They
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will make an effort to work with the homeowner in code cases, especially if they know there's a hardship, a financial hardship. So just, you know,
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come. Yeah, she was scared.
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All she
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sees
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is this and she just stopped panicking.
[00:03:23] ▶ Play Speaker 2 + overlapping voice · overlapping voices
Yeah, of course.
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Okay. Very good.
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Yes. All right. Appreciate it.
[00:03:29] ▶ Play Speaker 2 + overlapping voice · overlapping voices
Okay. Thank you, Alex. ‸ Alex Greenwood. Good evening.
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Good evening. ‸ Good evening, council.
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Brevard Avenue. I'm sorry, is that better? Do I need to
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Greenwood, 640 Brevard Avenue,
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I just wanted to keep it simple to the point because you all got a lot of work here. I'd like to see you all be able to leave early than it was the last council meeting you were there. The paperwork I gave you, one of the very last two copies are a little dark. If they're not readable, I can supply you with new ones. That's all I wanted to
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bring to your attention. Feel free to call me and we'll take it from there. Thank you.
[00:04:22] ▶ Play Speaker 2
Thank you. Okay. All right. ‸ We're going
[00:04:31] ▶ Play Attribution uncertain
to
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move on to consent agenda.
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Make a motion to approve the consent agenda is
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read
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Second. All in favor?
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Aye.
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Motion approved. Okay. No public hearings tonight. Council business.
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[00:04:57] ▶ Play Speaker 6 + overlapping voice · overlapping voices
Excuse
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me. Hold the mic down so we can hear you, please. Sorry, I thought I was loud
[00:05:01] ▶ Play Speaker 6 + overlapping voice · overlapping voices
enough. The first one is a request from Code Enforcement for a lien reduction request in the amount of $2,046.55 as recommended by the Code enforcement board for the property located at 1111 Northview Drive. There is a correction on that. It should actually be a request to the amount ‸ of $2,046.55.
[00:05:30] ▶ Play Speaker 7
Motion to approve.
[00:05:31] ▶ Play Speaker 5
Second.
[00:05:32] ▶ Play Speaker 2 + overlapping voice · overlapping voices
All in favor? Aye. Aye. Thank you, ma'am.
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Mr.
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Yardley?
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Maybe we should let him talk.
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Before the next case, John, we have a card, speaker card for that one. Okay? Mr. Lawrence Sinclair.
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I'm
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sorry.
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do the staff present the case
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Okay.
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All right. Go ahead. I'm sorry.
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The second one is the request from code enforcement for a lien reduction for the property located at 1111 Mitchell Street
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The code enforcement board at its regular meeting
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recommended that the total lien be forgiven. Staff is recommending council reduce the lien to $2,016
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staff time are reimbursed.
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Okay. Okay. Mr. Sinclair?
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I'm hard of hearing.
[00:06:48] ▶ Play Speaker 2 + overlapping voice · overlapping voices
Yes, sir. I have a card for Mr. Sinclair. I don't think I have a card for you. All
[00:06:52] ▶ Play Speaker 9 (name unresolved) + overlapping voice · overlapping voices
right. My name is Jerry Flick. I'm president of the Housing League, which is a non-profit affordable housing developer. We own the property.
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Okay.
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We appeared before the board and they recommended waiver of the fines and fees here. The house is rented to a person
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had a Section 8 for about 10 years, and he has a person that lives with him and takes care of him. Total income is $600 a month. The caretaker rented a utility shed and his representative, which I have here the documents for it. He thought he was renting it and it was installed by the utility company, but it was never a building permit. And since he was renting, of course, it was not going to be a permanent structure. If he moved,
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he
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would take it with him.
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we were
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cited. We were cited
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[00:08:07] ▶ Play Speaker 9 (name unresolved)
for illegally putting a utility shed on the property and not having a permit. It took many weeks or a number of months to find a builder, a contractor that would come and pull a permit on the property. And we finally did. And it finally got installed and everything was cleared out. There was another minor violation that there were two cars, and
[00:08:44] ▶ Play Speaker 9 (name unresolved) · Machine re-recognized
parking space
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[00:08:45] ▶ Play Speaker 9 (name unresolved)
for One car, and the second car was parked on the lawn, so it got another violation.
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[00:09:00] ▶ Play Speaker 9 (name unresolved)
They cannot pay for it. If they cannot pay for it, then we're
[00:09:07] ▶ Play Attribution uncertain
going
[00:09:07] ▶ Play Speaker 9 (name unresolved)
to have to pay for the violations and we're going to have to evict them and they will lose the Section 8 allocation for rent which they've had 10 years. The board recommended that the office be forgiven. Everything's been cleared up. Everything is in
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[00:09:27] ▶ Play Speaker 9 (name unresolved)
I think they would appreciate if you could waive this because it's their obligation. They're the ones that violate it.
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[00:09:47] ▶ Play Speaker 2
Well, we do have a recommendation from the Code Board.
[00:09:54] ▶ Play Speaker 9 (name unresolved)
The recommendation was for forgiveness. Since that time,
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saw it here a few minutes ago, they came up with a cost of $2,000.
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Well, the cost of, ‸ to the city
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whenever a property has a lien on it and the case is brought before code. That's the administrative cost.
[00:10:25] ▶ Play Speaker 9 (name unresolved)
Okay, but remember, this cost has to be passed on,
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your decision what you want to do.
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Anyone have an
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opinion on this one? I'd like to hear what Mr. Sinclair has to say before.
[00:10:43] ▶ Play Speaker 9 (name unresolved)
We are a nonprofit. ‸ We provide affordable housing.
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I understand. Yeah.
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To
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people
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of the
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circumstances. And, you know, they just don't know. And, ‸ you know, you end up with violations like this. And what I would love the government to do is to work with them rather than slap them with mine because they need help. They don't know.
[00:11:08] ▶ Play Speaker 2 + overlapping voice
Okay. Okay.
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Okay. Mr. Sinclair?
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The reason I put in a card for this is I'm very familiar with the property. And,
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While I understand the gentleman's claims, it doesn't bear out to reality. The reality is that if you go to 1110 Mitchell Street right now, you will see that it looks like a complete junkyard. Okay. This is not an issue that, as claimed in the application for lien reduction, which I read every bit of.
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company, Superior Sheds. Well, that's funny because I bought my shed from Superior Sheds and was told point blank I needed to have the permit in order to install it. I also know that there was no permit pulled on that installation back in 2015. I want you guys to remember something. This is 2018. The code enforcement in the city has had nonstop complaints from homeowners and other renters in that neighborhood for going on three years.
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go east because that property has 15 cars parked in the street all day long. I understand he's saying this is a Section 8 house and this goes back to one of the arguments that I have come to City Council over and over again about holding housing authority accountable. This is a house that has 23 people in it. And that's no exaggeration. and a member of the code board lives right behind that property and is ready to resign from the code board because they seem to give the organizations that have the money, they didn't have a problem renting it, they didn't have a problem letting multiple people occupy it,
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yard every day of the week, they don't have a problem with the prostitution taking place or the drugs that's being sold on that property. So yes, I personally and so do my neighbors, and if you want their names and addresses, I will give them to you, needs this property owner, not the renter, the owner. The owner has been made aware of this for three years and they're using their non-profit status telling you, look, we're doing a service. I looked in their application for reduction. We're about revitalizing and restoring the neighborhood. If you go to that property right now and you forgive these liens against the property owner, then the city is out of money they should be collecting, and they need to start holding these investment companies accountable.
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I have a question for Mr. Sinclair.
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Yes, it is. I won't be voting to reduce any lien on this property. Okay.
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Okay. Do we have a motion to approve?
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Motion to approve staff recommendation on this agenda item.
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Second.
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Okay. All in favor? Aye. Motion
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passed. Thank you, John. Move on to City Business. Yes.
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Madam Deputy Mayor, this is City Business
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Number 1. Council approval to submit three local mitigation strategy grants
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There are two fiscal year 2019 public works projects, one for $600,000 and one for $400,000.
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If funded, these grants will provide 75% of the funding for projects with a 25% match required of the city.
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a FEMA program that provides grant funding after a presidentially
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declared
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disaster. And they're administered through a local mitigation strategy program, which for us is run through
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To be eligible, you have to be a member of the committee. I serve as the city's representative on that committee. ‸ When these came up, these grants became available. I talked to Ed in Public Works and Jack in the utility about possible grants that they may have.
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shovel ready, which means all your engineering and planning have to be done, and you have to be ready to go out and start working on the project immediately. Usually by the time you get there, you have funding of some kind. So these three projects were identified for the city. We submitted them. What happens is you get together the committee votes on whether to include them in the project list, which they were included in the list, and then they're scored according to what they do. Some of the things you have to meet is it has to be consistent with the state hazard mitigation program, provide a long-term solution to the mitigation effort if you're trying to reduce flooding. It has to be a long-term project. It has to be identified in our local LMS list, be technically feasible, and they also have to go once they're submitted and they're approved as being officially on the list. They have to meet a
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criteria. The state department of emergency management takes care of that, and that's where they are right now. Because of the timing of the grants and when ‸ the grant cycle was and when it had to be in, we went ahead and submitted them based on the deadline, but we're here tonight seeking approval to have these remain as grants. It could take anywhere from ‸ 12 to 18 months to hear at the end of whether you got funded or not, but what we do know is there's a little over $13.5 million available in Brevard County with the number of projects and their level of requested funds. Our
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project
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should fall within the first tier of being granted, So we're looking forward to that. So we're asking that you approve the submittal of these grants to the Department of Emergency Management. And I would ask Ed if he would go ahead and talk a minute or so on his two grants, and then we'll ask Deputy Utilities Director
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Okay. All right. Thank you.
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Sure. The two projects that we put up for funding, one of them, I see Larry walked out,
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basically during Hurricane Irma, the unusual storm, October 1st, 2017.
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the south of Broadmoor and Broadmoor itself was heavily flooded. So we came up with an idea to supplement the rear lot swales with some front yard swales that would take water to a new drainage system. So water from the back of the lots can go to the back. Water from the road and the front of the lots would be handled in the swales. It means digging up everyone's front yard, replacing driveways, and a request for that was $400,000. That leads into the next one. The water from Broadmoor flows, a lot of it flows to the east, some to the south, some to the west,
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to the east
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And
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guess what we're doing
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want to call it. But we do have plans 100, well, at the time of the grant,
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Right now, they're probably
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So they're ready to go. The city does have funding next year to implement both of these projects. A lot of it's coming from stormwater. So, you know, we submitted for these grants. The upside is it could be a million dollars. The downside is it could take a while. And the grants do not refund any work already complete.
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will be kind of in a hold until we find out whether the funding is coming through.
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All right.
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Motion to approve.
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Second.
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There's a
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one, too. Sorry.
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I'll be real quick.
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Lift Station 1, which is located on Oleander Point on Riverside Drive. Oh,
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okay.
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The current lift station is a dry well.
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We're good?
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to interrupt. There's a dry well and also there's no generator ‸ on the current lift station. So it's within feet of the lagoon. So there's a potential there for during hurricanes for influence to flood the dry well and damage equipment that's in there. The proposed project would be to replace that with a wet well system and also add a generator out there, a permanent generator, which would include, which would also help with worker safety because it would eliminate a confined space entry.
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Okay. Motion to approve. Yes.
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Second.
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Who first?
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Okay. Brenda second? Yeah. Okay. All in favor? Aye. Aye. Okay. Motion passed.
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Thank you.
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Okay. Let's see.
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Okay. I think you're up again. Yes.
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of groundwater filter number five to authorize the city manager to execute and approve change order number two
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Motion to approve.
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We have a second. All in favor? Aye. Motion passed.
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Okay. Let's see. Moving on to... Okay. Laura? Oh, I'm sorry. No. Rebecca?
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‸ Good afternoon, council members. Item number 8.3 is to approve preliminary assessment resolution 2018-068 for fire protection assessment for fiscal year 2019. At this meeting, staff is recommending that City Council approve the preliminary assessment resolution, which includes a 3% increase. The final assessment resolution will be presented for consideration at a public hearing on September 5th at 5.30 p.m. The rates are included in the agenda item and staff is available if you have any questions.
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Okay. Does anyone have any questions on this item?
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Nope. No?
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Second.
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Second? Okay. All in favor? Aye. Aye.
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Yes. So we're going to have a brief presentation and then I'll be asking the board to approve a final subdivision consistent with Chapter 18 of the City of Cocoa Code for Lakeside Palms LLC,
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consisting of approximately 26.2 acres located at 100 Clear Lake Road subject to conditions detailed in the staff comments section in this agenda item.
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Okay. All
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right.
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Okay. So this item is the final subdivision for Lakeside Palms.
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and the property ownership is Lakeside Palms LLC. They're requesting approval of a final...
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The application was reviewed by city staff for consistency with Chapter 18 of the city code.
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The landscaping plans are not submitted yet, so we don't have comments yet from the Arborist.
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The hydrants met the code and also that the turning radius requirement would be satisfactory as long as on-street parking was prohibited. And then utilities and public works have additional comments. Staff also consulted with the surveyor, Mr. Packard. He indicated that he had some, as he ‸ expressed them, minor comments that needed to be addressed. And also, I believe he had some outstanding fees. The
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of the final plat for the preliminary work that has yet to be completed or accepted by the city.
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And they've indicated they would provide that for a two-year period.
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to address that, which would need to be completed as well before the final plat is recorded.
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‸ I'll second
[00:28:02] ▶ Play Speaker 2 + overlapping voice · overlapping voices
that. Okay. All in favor? Aye. Motion passed. Thank you, Dodie. Okay. Next item on the agenda is Mr. City Manager. Mr. Chair?
[00:28:21] ▶ Play Speaker 8 + overlapping voice
Yes, Madam Deputy Mayor, Members of Council. This item is an Ordinance 8-2018. It's the first reading.
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of
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Benevolent Association regarding the PBA
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amending section 2-191 definitions and section 2-220 share plan. Just by way of background, earlier this year, in the process of, as you know, we doing our, you know, repair pensions in a timely fashion, it was determined that we'd collected, on holiday pay, we had collected, you know, employee contributions and a strict interpretation of the Ordinance was that holiday pay, because the Ordinance went from total earnings to base pay plus state and funded incentives and up to 150 hours of overtime.
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bonus check and it's not counted toward pension purposes. So, based on that interpretation, which, based on the Ordinance, refunds were made to officers for their pension contributions. and it brought to light an issue of which, as you are aware, once we were made aware of it, one, we did refund the pension contributions, but we also sought to get clarification with our actuary in terms of whether or not holiday pay was considered in their evaluation of base pay. It was not the intent, And so we came to you and you approved us to retain the actuary. It's normally a best practice every three or five years to replicate and validate the results of the actuarial evaluation reports.
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holiday pay ‸ was not clearly identified as part of the proposed changes in the 2015 bargaining. In good faith, the city administration wanted to make this right in fairness to the union and its members and we recommended, if you recall, that the holiday pay be added back in retro to the October 1st date to be compensable toward pensionable earnings. At the time, we believed on a preliminary analysis that it was going to increase the annual required contribution to the police pension by about $76,000. However, subsequent to our meeting, the police pension board, based on a recently completed actuary experience study, they approved several plan assumptions to include in decreasing
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which is something you're seeing happen nationwide. It's actually a very responsible move on the part of the police pension board. And so based on that, we had Bolton, ‸ the city's actuary, reanalyze the actuary impact and based on the approved assumption changes, the impact to the annual required contribution would now be at $52,000. We did enter into, or I entered into a memo,
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to document how we would make this change. The officers through this year's holiday pay
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and the city's going to put ‸ its contribution in at the end of the year. And this makes the officers whole. Again, as I think I emphasized to you on several occasions, ‸ it's the right thing to do. It wasn't, it's not what was contemplated. And I understand the strict interpretation of the ordinance.
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So, the city's pension attorney, Jim Lynn, did draft the proposed ordinance. The ordinance was presented to the pension boards
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So you have a copy of the original article 16 of the pension plan, along with the definition.
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the underlying holiday pay.
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It excludes all other forms of pay, such as ad pays and things like that. And then there is just a clean up language related to the share plan. That's something that
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as well. Because it's, it's a share plan that's not being funded until such time.
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So with that, again, the budgetary impacts $52,000. We clearly, we have funds budgeted for a pension or annual required contributions.
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never taken a pension holiday, or as some people call it,
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And so with a, so we're requesting approval of the Ordinance 8-2018 on the first reading related changes to the police officers retirement plan consistent with a memorandum of understanding between the city of Cocoa and coastal Florida police benevolent association regarding PBA collective bargain agreement. Effective October 1st, 2015, September 30, 2018.
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2-220 share plan. And the only other thing I would like to add is
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for your express support,
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the
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you know, for their
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patience
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and their members as you know, as we promised we would work this out and make it right.
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Yeah.
[00:34:59] ▶ Play Speaker 8 + overlapping voice · overlapping voices
So I'll return ‸ to council. Okay.
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I
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think ‸ city attorney needs to.
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‸ You have a question, Mr. Wilkins? I have no question. No?
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I think the city attorney needs to.
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I just need to, yeah, just read it in by title. Yeah.
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the city of Cocoa, Brevard County, Florida, amending chapter 2, administration article 7, police officers retirement plan of the code of ordinances of the city of
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plan, providing for codification,
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and providing an effective aid. Okay. This is first reading.
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Thank you, John. I'll
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be doing the next one.
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Okay.
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Councilor,
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recall
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last meeting we presented to you, you know, actually a series of amendments to the master resolution for the bond. We presented to you, to our bond documents for a resolution, master resolution. We also presented you an advanced refunding for 2009 A and 2009 B. And then we presented to you a resolution for new money for the new projects that the city utility system will be undertaken.
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discussions in our budget workshops, is, you know, there was the issue out there looming or unknown in terms of the 2010 BAPS bonds or the Build America bonds that we
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receive
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a subsidy, federal subsidy on the interest.
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underwriters, ‸ financial advisor, finance department, that we are able to do an advanced refunding of those bonds. And please keep in mind the advance, or as a reminder, the advance refunding is a practice where we, you know, outstanding bonds refinance by proceeds of a new bond issue. This will be tied to the new money issue. You'll have a 2018 B and 2018 C.
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are typically lower, and with the original bond issue. The city does maintain a debt management policy. It's contained in the city's financial operations manual, specifically section 21.2F. And it defines when it's an advantageous, legally permissible, prudent, and ‸ net present value of at least 3% is provided. The city is requesting to essentially approve resolution 2018 072 authorizing the issues of the water and sewer system refunding revenue bonds ‸ series 2018 C. And
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sewer system revenue bonds series 2010, which are the federally taxable Build America bonds with direct subsidy. It should be noted that, again, you previously authorized the negotiated sale of the series 2018 B by resolution 2018 060, which
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to save in the issuance cost as well as to expect the sale of the bonds. The series 2018 C tax exempt for funding bonds will be at an interest rate, you know, currently approximated at 5%. And upon issuance, $4 million, and there's a little bit of a correction here. I apologize.
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But
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$4 million will be transferred into the debt service reserve fund. If you've seen the sources of funds in the, I know it's a
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fund.
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or 8.46%
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Obviously, we got to go out to the market, you know, but
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And this will be closed in early October.
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previously indicated, given the fluidity of the upcoming refunding transaction and the numerous documents involved in the transaction, as in the case here, we had to amend and revise the preliminary official statement, the bond purchase agreement and the continuing disclosure certificate that was attached to that original resolution. We are asking, as part of the agenda item that you
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authorized
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myself and the mayor and consultation with the city's bond team to be given the authority to make technical modifications to the refunding documents to the extent necessary prior ‸ and
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and that the mayor be authorized to execute the final version of the resolution incorporating any necessary technical amendments.
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by the time we hit the market and about 8.46% net percentage savings of the refunded bonds. So it would, we think this is a good opportunity and was one we were hoping that would happen and it just so happened to occur after we did a lot of work beforehand. So we're bringing it back because we're bringing
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it back because we,
[00:40:58] ▶ Play Speaker 8 + overlapping voice · overlapping voices
time is of the essence in our opinion, in our opinion. So I'll return to council for any questions or comments.
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Yes,
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I'll
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Okay. All in favor? Aye. Aye. Motion passed.
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I
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just
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want to thank finance, our city attorney, our underwriters, our finance manager, our financial advisor, and our bond council because we all did a lot of work
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as well.
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Thank you. Thank you. Yeah, thank you all. It was a lot of work. Okay. Let's see. Do you have any members of the ‸ audience?
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on a board or advisory board that would like to speak tonight? No? Okay. All
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right.
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We'll go with staff reports. Ed?
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Just a few quick things. Our projects, since we're at the end of the year, getting close to being done.
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So it might not be a good time to go on Stone Street unless you have need to. Paving will be next week. So milling this week, paving next week. Concrete work is substantially complete. So it's moving along. The riverfront connector also is moving along, as well as the community meeting room in the Heart of Cocoa. Also, I want to give you an update on our baffle box. We received funding from St. John's River Water Management District. We got the check, $56,634.
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Lagoon, ‸ Brevard County, an approximately $59,000 amount. ‸ So that their board, their year ends, of course, October 1st. And they will be considering funding this year and next year.
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and also ‸ the additional refunding on the Build America bonds. That should result in good cost savings for the city. And also would like to inform council that the city's auditors are here this week and they're doing what they call interim work where they go in and they test internal controls to obtain assurance that the city is following their policies and procedures.
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And
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then they'll come back in January to actually finish up the audit of the financial statements.
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John? No, ma'am. Other than wishing everybody a happy upcoming holiday weekend, drive safe and have a good weekend.
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Chief?
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Just want to remind everybody that
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High School. We'll be honoring those that fell on 9-11.
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‸ Thank you. I probably- I'm going to be there. I'll be there. Yeah. Okay. Karen?
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Good evening.
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and we're going to be having a series of public meetings.
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p.m. Then
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September 4th at 5 p.m. And the following week, a special planning and zoning meeting. Thank you so much. Okay. As well. So just encouraging you all to come out and it's- Tomorrow night is at 5. It's at 5. Yes. Okay.
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Okay. Very good. Thank you. Okay.
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Mr. Assistant City Manager?
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No report.
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Okay. Mr. City Manager?
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Yes. I have a couple things. First, I do want to introduce ‸ at
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the
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end. But we did attempt to reach out and we provided Reverend Dennis a copy of the memo and I requested the opportunity. My secretary Kathy spoke with him.
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He declined?
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And I'll follow up with Kathy tomorrow. ‸ I know she, a lot of, if you read the memo, a lot of some of the things that were alleged, you know, there was a couple things with regards to Ms. Lenar. And there's one
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items in
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which there may be, at least there's an inquiry on. So there's that. I will follow up with Ed. Because I know in 2015, you know,
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the
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city retained KSA and we did
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road and sidewalk analysis. And with regard to Derby Street, I know we did some work. I think we grinded down a safety hazard.
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the entire sidewalk? And it's, if I recall
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I think it was grinded down.
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to council. And I do need to comment. I know you have a letter here from Mr. Brown. And I just would like to clarify that the action of the first reading, the zoning amendment, was just that. It was a zoning amendment. It was not, you know, support of a project, a hotel.
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Correct.
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And at the next CRA meeting, part of this is correct. If you recall, there were several members of the public that requested to see, they requested some level of expertise and technical ability that the city staff currently does not have technologically or have the,
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even
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if they don't have software and or the ability to provide the graphical representation to provide the context, I think, that the public expressed concern over.
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but staff previously expressed concern over the propriety of the height, whether or
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it was appropriate.
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It is their requested amendment and requesting that they retain. Our intent is
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with that plan as well as the waterfront master plan to see if we can retain him to provide the technical expertise to do the land use and also be able to show you visually, I think, what the public is asking for. And I think that's, and I understand, you know, Mr. Brown's letter, but these are some of the things that we've expressed previously.
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think, you know, it's staff recommendation, um, that we do that. And we are going to recommend that to the CRA board that we retain the proper consultants. And so we can schedule that meeting and it can be, uh, the, the public has, it's, it can really see the impact. And, you know, if there is any,
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they may look at it and say, no, that's not as bad as I thought. Because I think as several pointed out, the yellow box is hard to see from the distance until you get up close.
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the resources.
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Something a little more tangible that they can actually.
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That's, that's, that's the idea as well as the analysis. You know, we've been looking at it, you know, in terms of whether it needs to be all the properties. Is there, you know, there's an alleyway there. Maybe it needs to be redefined.
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of, you know, could you, you know, more narrowly construe the, the ordinance, you know, or for that, for that zoning district to, uh, accomplish something that meets the needs of the community.
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Uh,
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balances the concerns of the community and also potentially provides an opportunity that facilitates redevelopment, whether it be this project or another project in the future. Uh, so that, that's just kind of an update on that. And, uh,
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just,
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uh, this Friday I will be out, um, and with the packet, I will be really glad to meet and ‸ speak with any of you, uh, regarding the packet I provided at your desk.
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Mr. City Attorney.
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I have no report.
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Okay. Thank you, sir.
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Deputy Mayor. Um, on, uh, December the 15th, which is a Saturday evening,
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um, honoring our,
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um,
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officer, um, Canine Copper, the national award he's being given. If anybody from council would like to attend, it's at the Orange County Convention Center. Um, let me know in the next month or so so I can obtain tickets.
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Weren't there three, um, possible, uh,
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uh,
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you know, dog, I mean, three dogs that were chosen that could possibly. Well, there was a, there's a total.
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Yeah, there's a total of five
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chosen in different categories.
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year. And so that ceremony will take place on ‸ October 15th at the Orange County Convention Center. And, uh, for anybody who, from the police department or council that would like to attend, I can acquire tickets. I just need to know in advance.
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Oh, okay. All right, so,
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um, or you can wait around until after the first of the year and watch it on TV. Either way. Because he will be on TV. And I've had a couple of citizens, um, question as to why, uh, we are allowing,
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and he's not speaking about his water bill. So I would ask that the city attorney explain why Reverend Dennis is allowed to come in to council meetings and speak about something when he doesn't live in the city of Cocoa. I mean, citizens are asking me, why are we letting him talk? He doesn't live here.
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Why is he allowed to speak under delegations?
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Um, well, a
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couple of years ago.
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I mean, do you have some additional information for me, John? You, you, I don't even know if he was a resident or not.
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a couple years ago, and we went back to the legislature and we tried to ask him to narrow it, you know, to residents.
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door that any member of the public, somebody visiting from Brazil could come in and comment on any matter. And I don't know if they, if that's, that's why we've not, and it's an issue that's come up before council. So that's why,
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because
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if you read our rules, it says if you're going to get up and speak, you either need to be a resident or you need to be speaking about your water bill, or you need to be speaking. If you're a
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issues in regards to the city. So I've had three people say, why, why does he get to talk? So I'm just asking for an explanation because
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it had something to do with the legislature, but I couldn't specifically remember.
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Well, I'll, I'll be happy to talk to John about this and look into this a little bit more, but, you know, there is, there is the law that there's an item that's on agenda or a proposition is going to be decided by the city council.
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Yeah.
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That members of the public have a right to speak before the council takes final action on that disposition. But he's speaking under
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delegation.
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Well,
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we
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have an open delegations portion of the meeting, which is reserved for just certain items. So I'll be happy to take a look at a little more detail.
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Oh, that's me.
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the manager. Thank you. Appreciate it. Sorry if I stepped in my lady. ‸ I
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think that's, that's good that somebody brought it up though. Yeah, I couldn't answer the question. So I thought I'd ask you guys.
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That's it for me. Thank you. Okay. Thank you. Don.
[00:55:01] ▶ Play Speaker 5 + overlapping voice · overlapping voices
Yeah, I got a couple of things I want to say. Thank you to everyone who showed up at that town hall meeting. Great turnout, good presentation by city staff. And everybody, we had some first timers there and they were really impressive.
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the city. And thank you for coming.
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on Saturday night.
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It
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was a good thing. And Copper got a standing ovation because Wayne Ivey,
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And, you know, he said that he wanted to join the Sheriff's Department, but he figured he'd go to number one outfit instead.
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Sheriff Ivey's jealous.
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Everybody wants Copper. And I just want to thank everyone for showing up. And God bless. And we'll talk to you next week. Thank you.
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Thank you.
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Yes. Thank you. I just want to say to Don, thank you for the hospitality for your town hall meeting. It was excellent. And we had a nice time out there. It was informative by staff. And I appreciate the hospitality. It was excellent. Also, I wanted to make mention about Diamond Square Redevelopment Agency, the items that's on that board's agenda.
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And I want to thank all of the Diamond Square members, the board members, for attending the meeting and for the update that we received on the Stone Street streetscape. That's in progress. And hopefully by September, what, 30th, we'll have that done. Hopefully that will take place.
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The CRA is partnering with the city in the development of the new Jolie Smith Center. And I won't get into ‸ the meat of the program, but it's on the way. It's going to take place. Also, the community garden. The city and ‸ Diamond Square board has approved the amenities for the garden. And we're going forward with that as well.
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carved out of
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build that bench.
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And I think it will be replaced with an
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Hopefully that will come into fruition as well. ‸ Also, I want to thank all our city ‸ employees for the job that they're doing.
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citizens of this community. Keep up the good work. That's all I have, Deputy Mayor.
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Okay. Thank you, Mr. Wilkle. I don't really have a lot to go over tonight. I had a personal tragedy in my family that we had to attend to this last couple weeks. ‸ I do apologize because that preoccupied a lot of my personal time. But I just want to say that I want to thank everyone for the outpouring of condolences and sympathy. And my family really appreciates that. So I just ‸ want to say that. That's a personal remark for myself and my family.
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did have their ribbon-cutting ceremony on August 22nd. And we had a large turnout. Of course, their employees were there, which they have a very enthusiastic team of employees.
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I mean, it was fantastic.
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Governor Rick Scott was there to do the official ribbon-cutting. And so I want to thank Walmart for their hospitality that day. And it was a very, very successful ribbon-cutting ceremony and a great day for the city of Cocoa. So I want to say thanks to Walmart for being such a good steward of the community as ‸ well. They gave out $16,500 in scholarships that day to local organizations. And that's not uncommon for them. This is how Walmart participates in their communities where they're located. And, of course, today was Election Day. So I hope we all got out there and voted. I know I did. ‸ And this race was very important. When I went to vote before I came here tonight, the poll worker where I was at said that they were watching the numbers come in. And ‸ they were getting 6,500 votes an hour. For a primary, that's almost unheard of. I mean, that kind of turnout.
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So that just tells you how important ‸ this year the races have become to the citizens. So, you know, you heard it a thousand times. Every vote counts. So I hope we all participated today and that we are blessed to live in a country where we have that privilege.
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because there's lots of places in this world where they don't have the opportunity to do what we could do today.
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So, thank you to all the staff tonight for all the reports.
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Sure. Because I think really the Walmart Distribution Center, it's a big success story for the city and the region. ‸ It represents a $155 million private capital investment in the city, 460 jobs,
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The average annual wage is $41,000. And when you consider that our median household income in the city of Cocoa is $32,000 and the per capita income is $21,000, we did work with Career Source Brevard, Larry, Samaya. I mean, ‸ just a group of people.
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works, fire, building and permitting, they all really came through in the end to make sure that that happened. And I want to thank all the staff because I know there are some, they had some schedules and you all had to be flexible in terms of meeting those demands. ‸ But it's a significant project and there's 123 more acres to the east of them that would represent additional economic development opportunity for the city.
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Yeah.
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For those that have been around and watched that property and recall the original intent and how long it sat there to see it developed is a...
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It is. It's a feather in the cap for the city, to be honest with you.
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touched.
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And thanking Coco for the cooperation 100% and working with them on all the little things that needed to be done.
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He credited our city manager, the planning department, and the city in
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get it rolling. And that I thank you to the city staff for working with them and making this project happen. And hopefully we'll have more projects coming up in the future. Thank you.
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Yeah. Thank you, Don. That's a good point. Thank you, John.
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Motion
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adjourned.
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Okay. Meeting adjourned.
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Transcript revision built 2026-11-08T12:16:47 · 6,877 ordinary words, 1,969 in suspect passages, 106 machine re-recognized.

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