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I'm going to actually, if I can have Chief Lamb lead us in our invocation.
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If I can have you all please stand.
Let's pray. Thank you Lord for being able to come here tonight Lord and work on the city's business. We pray Lord that
you
continue to watch
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you continue to watch over our families, be with our employees, be with our leaders Lord as they continue to make tough choices during these tough times Lord. Thank you for all you commanding you for us here in the city of Cocoa and for us as a whole of the United States. Watch ‸ our men and women serving abroad and ‸ our United States armed services and those here serving at home. Thank you for all that you provide for us in your holy name we do pray. Amen.
Turn toward the flag.
I
pledge
allegiance to the flag of the United States of America and to the republic of which it stands.
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to item number two, is our agenda for
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I'd
like to make a motion to approve with an amendment. I want to postpone item 8-1, an additional item on the agenda review meeting, and put in its stead the walk-on item we all received, which is prepared by Matt and Anthony.
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How about that?
Was sitting at your,
yes. Okay,
thank you.
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And then also.
And turn that into this item that's laying on our desk? Yes.
It's about the face mask.
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is the lean amnesty.
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And I just want to postpone it to the next meeting because some of the intent's not in there.
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We'll deal with that as the week go on and hopefully get those changes made to bring before council at the next council meeting.
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Yes. Okay.
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I'm the adoption.
Oh, I'd like to, hang on just a minute. I'd like to make a change too.
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So can we move reports back to the end of the meeting so these people don't have to sit here all night?
Yeah, we can. How are you?
Yeah, it looks like we have a busy agenda with some people here for specific items. So if we can do that.
That'll be with you, Mr. Mayor. Oh, I'm fine with it. So I'll second that motion with the amendments from Ms.
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and Ms. Warner.
Okay. All in favor signify by saying aye. Aye. Opposed? It passes unanimously.
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Okay. Okay. We're gonna move on to, I don't have any awards or presentations. We're
gonna
move on to delegations. Mr. Greenwood,
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since that item is not here?
‸ I can pass.
Okay.
I can bring
it up at another.
‸ Okay. Thank you. Okay. Okay. We have one delegation online and then I have three others here. So if you want to... Who's gonna ‸ read that?
Oh,
sorry.
Okay. Yes, sir. Good evening. This is an e-comment received for tonight for delegations. Good evening, Mayor and City Council members. First, let me state for the record that I make my comments with all due respect to the Mayor and Council members. I do not make comments to insult any member of council or to insinuate that the council does not know how to do their job.
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for over 13 years, my opinion is just as valid
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At the June 30th meeting, I submitted an ‸ e-comment regarding the process of selecting a new city manager. My comment was taken as an insult
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as it was questioning the validity of the selection process.
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been included in the finalist list.
Excuse
me, can you... Who sent that
he came in
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I'd just like to know you didn't state the name and address.
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Jerry Blanco.
Okay.
I'm sorry, that was at the end of the message, sorry.
Oh, okay.
I do not know Mrs. Riggs and have nothing personally against her. I did not defame Mrs. Riggs nor did I trash her as was stated.
I
was simply... Okay. I was simply questioning the process that selected a candidate that did not meet the basic requirements for the position.
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of Mrs. Riggs but then ‸ went on to say,
I
quote, as much as I believe in her, she did not make the top of my ranking. As the recently released score sheets show Councilwoman Koss ranked Mrs. Riggs at number three out of the eight choices. This begs the question, where is the transparency and is it really for the good of Coco?
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Okay. We got
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can come up,
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‸ Hi. Thank you for allowing us to be here tonight. My name is Melissa Grant.
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You might need to pull your mic up a little bit.
This one? Yeah.
This
one?
About one to the
left. It should be the wireless mic there, yes.
Better?
Yes.
[00:07:18] ▶ Play Speaker 11 (introduced as “Melissa Grant” — machine-transcribed, not verified) + overlapping voice · overlapping voices
Okay. So my name is Melissa Grant. I live in Merritt Island, Florida. And I'm here tonight to put on the record that we are having some issues with our water bills. There are countless people that are also in the same predicament that I am in, where bills are doubling and tripling with absolutely no cause, no rhyme, no reason, no justification.
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[00:07:52] ▶ Play Speaker 11 (introduced as “Melissa Grant” — machine-transcribed, not verified) + overlapping voice
sort of remedy, only to be given hundreds of different excuses. And unfortunately, many of us are being told the same exact thing. Anything from meters are stuck to our neighbors must be stealing water, to we have a leak that is later confirmed that we do not, to small children in our home leaving water running,
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[00:08:22] ▶ Play Speaker 11 (introduced as “Melissa Grant” — machine-transcribed, not verified) + overlapping voice
Well, I can say that in my case, I have three adults with one of the youngest being 18 in my home.
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[00:08:36] ▶ Play Speaker 11 (introduced as “Melissa Grant” — machine-transcribed, not verified) + overlapping voice
out of the day. So I'm not consuming more water. We have elderly people in the community who already have to choose between medication or food, who are being billed for 70,000 gallons of water,
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[00:08:59] ▶ Play Speaker 11 (introduced as “Melissa Grant” — machine-transcribed, not verified) + overlapping voice
a day, who aren't outside, who aren't going to the store, because they're scared of COVID. So now we have a situation where the elderly, who already have to choose between two necessities of food and medication, getting these kinds of water
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[00:09:19] ▶ Play Speaker 11 (introduced as “Melissa Grant” — machine-transcribed, not verified) + overlapping voice
when you call to speak to the utility company, you, it's a rat ‸ race. You're giving all of these excuses, and the only resolution you're given is, you either pay the bill or we turn your water off, or we'll put you on a payment plan. There's absolutely no resolution whatsoever, other than we'll send somebody out and we'll check for a leak. They come out, they check for a leak, and there is no leak. Then we hear, well, your meter must be stuck. Or, well, you
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And action needs to be taken because this is not fair. We work hard for our money, And we should not just be hand over fist
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to make sure someone else's equipment is working. That's not fair. It is their equipment. It is their responsibility.
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up with all due respect via email. to make sure that something is going to actually happen with this.
Thank
you, ma'am.
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Oh.
That's okay.
Okay.
This microphone? Yeah. Hi. I also wanted to address some water bill issues. ‸ Me personally, I had a very small office in Merritt Island, and I was barely ever there. So usually my bill is about $60.
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So
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for the use of 170,000 gallons of water. Now, I went to my next door business and asked them if they have seen the grounds flooding. And the lawyer there said, absolutely not. It's been dry. I took photos of the ground. The ground is dry as a bone. The meter guy came by, and he told me there was no leaks. Now, as I do further research, it looks like this is an issue with a lot of people. So I've heard that other people are also experiencing very high bills. One person had a $485 bill. His mother received a $1,675 bill. Somebody else received a $2,400 water bill. There's more details to these bills, and these individuals, they just want to be charged for the water they actually use, not pay thousands of dollars for water they did not use. And in my own specific situation, I was told to fill out an application, and they might reduce it.
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So why am
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for a water bill? And that's kind of why I'm here, and I just wanted to air other people's grievances. This is something that's happening throughout, like Melissa stated, throughout this city,
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happening in Cocoa, Port St. John. A lot of people are posting that they have these extremely high water bills. So this is not just leaking ‸ underground. This isn't money. Somebody stated that, ‸ if you flush the toilet nonstop, you might spend ‸ about 69,000 gallons in a month. If you flush the toilet nonstop, day after day, like minute after minute for a month.
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Where does 170,000 gallons come from? So I just wanted to put this on record. I would like the city to rectify these issues with these customers as well as with me. We don't want to take free water. We just want to get billed for what we actually use. It's very simple. So I'm just hoping that you guys will help immediate that. Thank you very much.
Thank you, ma'am. And we
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So the staff will look into that and see what's going on. Mike Graham.
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I'm here at one last ditch effort to
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I've emailed some of you in the past concerning my issues. I'll go over this relatively quickly. If you want me to slow down, I sometimes talk relatively fast. On or about January 16th, I came out my front door.
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Large pile of dirt and sand next to my water meter. Obviously the meter had been dug out and a new meter covered. Then on the 17th, I come out and water is boiling up around my meter and it's pulling all over. I'm on my way to work. I have my wife call the city. They come out, turn the water off, say your damage is on your side of the meter. You're responsible. It was still flooded. They couldn't see where the damage was. Damage was piped to an irrigation system that I don't use because I don't use potable water for seven and a half years after I moved in. And there was obviously impact damage to the pipe. It was not at the valve. It was at the pipe from the meter area to the
valve.
Okay. I called the city, explained the situation from department to department until I was sent to a... I'm going to mess up her last name.
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Is that it? Anyhow,
she's
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promised to look into it. Then after that, I get a bill for $600 and some odd
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I called the water department, says, well, and I tell her the issues under investigation. They tell me it's a different department.
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Okay. I tried to contact Chanel. I can't pronounce her last time very well.
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called the water department. Basically, they say, well, pay your water bill or we're going to turn your water off. This is at the beginning of COVID. My wife has serious medical issues. I really didn't want my water turned off, so I paid the bill. Then I sent an email that included the city council and the city manager, and finally got a response.
She now
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called me back, said she was still investigating. She needed me to fill out a form. The form is a spreadsheet that had all the information that I had already given the city. They could simply copy and paste it. I did fill it out by copying and pasting, and sent it to the city. Let's see. Numerous times, trying to contact her after that, no response, over and over again. I included the form on each of the emails. Some of them might carbon copy you guys on. Finally, I carbon copied the city manager and you again. I get a response from Mr. Stenet. Chanel is on leave at some time and nobody's bothered to check her email
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He says he can't find the form or the information.
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the phone with him. Wait several weeks later, no response from the city. Finally, email city council, the city manager and him again. I get a response that he never got the email. You guys must have the worst email system in the world.
Well,
so that's
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that's the end of your time, but we ‸ got your information. and we'll...
Basically, I need to know if the city wants to resolve this or are we just going to go to court? Ask
Matt to meet with
them
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Yeah. Yeah, our city manager will meet with you on that. So we'll... ‸ We got your information.
Okay.
And
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make sure that...
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We have your information and we'll be reaching out to you. Okay?
Okay. How long do you want me to wait before I file a lawsuit?
Well, you'll be receiving a call tomorrow.
Okay. Thank you.
The camera's still on the podium there.
Thank you.
But anyway, we're going to move on.
I
think that was the end of our delegations. We can move on to public hearing, which we have none.
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council business and the item that was added on to...
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How about consent?
Oh, I'm sorry. Did I skip it?
Yeah.
Okay.
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We
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a second from councilwoman Warner. All in favor signify by saying aye. Aye. ‸ Opposed? It passed unanimously. Now on the public hearing, which there is none,
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is going to talk about this.
Yes, Mr. Mayor, I can... Yeah. So this item is coming before you due to a City Council request at the last special meeting. You may recall at the special City Council meeting on June 30th, a resolution was brought before city council to urge the citizens to wear or to use face coverings
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Since that time, we've observed ‸ the positive case count increase, not only within Brevard County, but also statewide. And there's a lot of information within this item related to
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but also
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the spread
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We also... City council also adopted an employee face mask policy. And that is currently in effect and being implemented across the city. At this time, there's information within this item related to options available to city council. At this point, should you wish to enact an additional resolution related to the use of face coverings,
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probably has some information he could update you on related to the various options you have and just to cover those, the options that we've researched and brought before you tonight is to maintain the status quo and continue to urge the voluntary use of masks
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The second option available would be to mandate that private businesses post a written notice at entrances advising the public whether the business requires customers to use a face covering while on the business premises. This would allow the customer to make their own decision as to whether or not they would like to visit the business.
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only and that would be similar to the Leon County ordinance. The fourth option to consider is to mandate the use of masks within public places
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and Orange and Seminole counties.
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as when you're exercising and when you're eating.
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be considered. and so with that turn it over to Anthony to talk a little bit about some of the legal landscape associated
with this issue.
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Thanks, Matt. This is kind of a fluid situation involving face coverings around the country. There's really no perfect policy decision that can be made regarding this matter. in Florida, because the federal government and the state of Florida have not mandated any mask covering requirements, the issue really has been pushed down to the local level from a legal standpoint. ‸ And because of this localized approach, local governments have adopted a myriad of different types of regulations, ‸ patchwork, so to speak. some local governments like Coco have moved forward with a non-binding recommendation or advice to the public regarding face coverings, while other local governments have taken more mandatory face covering approaches. And even within the category of mandatory face coverings requirements, there are different approaches. Some approaches are in general, when you're out in a public place,
there's
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a face covering requirement. Other local governments have taken a more targeted approach in dealing with the issue and have mandated, for example, signs from businesses ‸ be posted outside ‸ so customers know whether or not a business requires face coverings or not when going into the business.
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masks at the business,
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in a public place requirement. So it's a more narrowed approach. Tracking the number of local jurisdictions in Florida is a rather daunting task. However, there's some data that I was able to find. Florida Association of counties put together some information. Apparently, 65.67% of Florida counties, 44 in all, do not currently have face covering ordinances in place. 18 have passed an ordinance regarding face coverings when ‸ they were proposed, while five counties rejected. As for Florida cities, there are over 400 cities, extremely difficult to track who's doing what.
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Florida cities and towns have adopted some form of face covering requirement at the local level.
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the ‸ non-binding requirement.
coco
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Beach, Satellite Beach, Titusville, and West Melbourne have all adopted some face covering requirement.
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is targeted towards businesses.
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citizens in a non-binding way for face masks.
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that they listed certain essential businesses would require their customers and employees to wear face masks. Those essential businesses that I can ascertain
with
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On the lawsuit front, the mandatory face covering requirement in Florida based on the information that I've been reviewing for the past month or so, there are approximately 11 such lawsuits in Florida challenging mask mandates. However, interestingly, approximately 10 of those lawsuits have been filed by attorney Anthony Sabatini, who is a member of the Florida House of Representatives and also an attorney in the central Florida area. Those lawsuits, as you can imagine, raise a significant amount of constitutional issues such as due process, vagueness, First Amendment, religious freedom, right to privacy, equal protection, selective enforcement,
etc., etc., etc.
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There's virtually no case law in Florida yet regarding face masks. However, just last week, a circuit court up in Leon County denied a motion for temporary injunction against trying to stop the enforcement of a Leon County emergency ordinance which required face masks for business establishments. So, as far as I can tell, that's the only court decision in Florida right now on the issue and the court, you know, supported Leon County's efforts in that regard. No written decision on that on that case yet that I've been able to find. Now, as I said, that raises, you know, constitutional issues, complicated constitutional issues. However, I've been reviewing,
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where various individuals have challenged either state regulations pertain, public health regulations that states have adopted or local governments have adopted. And one pattern that I see in the case law is that the courts are being extremely deferential and lenient to local government officials trying to adopt public health measures for the safety of the public. It seems to be a common theme. I don't, the cases that I have read, I haven't seen the courts really, be really strict regarding variety of, variety of
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That's not to say that,
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or regulations in bad faith or regulations
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really rational relation to protect public health safety. I'm sure the courts would not hesitate to intervene if they felt something didn't need constitutional scrutiny. But as of right now, it's very, very lenient in terms of analyzing these. I
mentioned
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that because, you know, you know, mandating, you know, face coverings is a controversial issue and it is generating litigation. And I just want to kind of give you my ‸ perspective based on what I think,
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handling these cases. So from, from a legal perspective, as I mentioned, mandates can, can bring a variety of circumstances into play. You know, and sooner or later, somebody is going to claim that there's uneven policing ‸ and biased enforcement relative to mandates. You know, I'll let the police chief speak to the practical consequences of trying to enforce such a mandate. But, you know, there are, you know, potential circumstances regarding enforcement that could raise issues in a particular case that, you know, that we would have to deal with. You know, face covering mandates, you know, should be accompanied by an educational campaign to obtain compliance. Not only, not only to, to obtain compliance, but to mitigate against claims of uneven policing and, and bias.
I
mean, the public would have to be educated as to what's required and what, and what is not. So, as Matt mentioned, that, you know, there ‸ are options that we could synthesize down very generally based on, um, of the local government,
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that, ‸ that are set forth in the agenda. Um, last, but before
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there's just one other, um, legal issue, you know, regarding enforcement. Um, if you, if the council were to go down the mandate, um, road, so to speak, you know, there are a couple of ways. I mean,
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And there's, there's two ways generally on how it can be enforced. It could, you know, the, the measure, the face mask measure could be adopted in a way that it constitutes an emergency order under chapter 252, Florida statutes. If that is the case,
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and, uh, fines up to $500. On the other hand, I've seen some communities adopt emergency ordinances that don't rely on chapter 252, but just rely on the standard code enforcement civil penalty. Um, where, so it's civil, not criminal in nature. So there's no,
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So from an enforcement standpoint, there's, you know, there's two general ways to approach a mandate. Um, I'd be happy to answer any other questions, but the policy, policy decision is yours.
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Yeah, do you know, uh, in the case of Cocoa Beach and Titusville, which surround us, what their ordinance looks like?
Yeah, Titusville is similar
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non-binding
recommendation,
urging at Citizens. Cocoa Beach is, um, targeted towards,
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Okay.
And West Melbourne is also targeted to certain essential businesses in their community.
Well, I requested this be brought forward based on the calls that I've gotten from my constituents,
um,
as well as experience with the shopkeepers and feedback from shopkeepers who, in fact, have signs in their shop asking people to wear a mask. They wear masks themselves, and customers still come in and don't wear masks or make an issue of wearing a mask. I think it's kind of shifting.
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are realizing that if you have a 40%, and this is the science, this is the data, 40% prevention by wearing a mask, it's just common sense. And, I wish you didn't have to push something that's just common sense, but it appears that this time that some people are sitting ducks.
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mask.
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A customer came in, refused to wear a mask. Well, we all had our masks on. The problem is my hairdresser has an adult child that she takes care of that has MS but has to have nursing care that is very vulnerable. And the people that have contacted me are very vulnerable. So, it seems like a basic act of kindness to do something and maybe by next week, the numbers will start to go down. but we know
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that you actually see the numbers going down. I mean, it just, it takes that long. So, I would hope that we're trending that way now with more people wearing masks but I'm obliged to protect my constituents whatever way I can and I was requested to do this by several of them.
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I think it's called
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There is a nicely written form letter that argues against masks and ‸ shares several bit of misinformation. So, anyway, that's why I brought this forward.
Okay. Councilor Warner.
Most of the form letters that I've received like
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So, I haven't had really any actual residence at the City of Cocoa. Yeah. And on a personal level, I would like to see masks be mandated. However, the feedback I'm getting from businesses is that it puts them in a position of having to police their customers which they don't want to do.
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that aren't wearing a mask because they and their staff are wearing a mask. and I think if I'm a business owner and I have a sign on my door that says I need you to wear a mask and you come in without one, I'm going to ask you to leave. If you don't care enough about me and my business to wear a mask in my store when I'm asking you to do that to protect me and my customers then I don't really need your business. So, as a business owner, that would be,
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a mask that she could take her business somewhere else. We have an obligation to protect ourselves and our families. If there was a county-wide mandate then I could see how it would do some good But just to mandate that it happened to the cocoa businesses when there's so many pockets in
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and so many surrounding areas.
I
mean, I just don't know how effective it is if we put this mandate on our businesses when nobody ‸ else around us has to do it. but my preference would be to ask our businesses to put a sign on their door stating what their policy is. But if I know what their policy is before I walk in the door ‸ then I have the option of not going in and not being exposed to people without a mask on. If a restaurant says my staff is wearing a mask, my staff isn't wearing a mask, then I don't have to go in the door to figure out what's going on. That would be my preference is to ask businesses to put a sign on their door. Then we all get to make our own personal decisions. I know that there's been some talk at the county level of making a countywide ordinance. I would definitely support it if it was countywide because I think that's the most effective for our citizens and for everybody. And I would be willing to support a letter to the county commission in support of making a countywide mandate on masks but
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to us to do it to our businesses, put it on them to mandate it.
As
a matter of fact
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I can't ask my ‸ staff to tell people they have to wear a mask and have them be subjected to angry people and that's what happens.
I
mean some of these people are nasty and angry when you ask them to wear a mask. So I still prefer to leave it to each business owner how they prefer to conduct their business.
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to ask them to inform the public how they want to run their business by putting up a sign. So that the public is aware of that before they walk in the door. Yeah, option two. Option two. Yeah, but I would also like I said to include a letter to the county commission urging them to take some action because I think that's the best way to protect our citizens if this is a countywide ordinance.
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I'm going to I like option number four
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their businesses so they're getting on board. And even the president have recently now come to some kind of understanding how important masks are now as well. but I also like it with the
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as an emergency ‸ ordinance making the violent violation a non-criminal infraction. So you go to our parks right now
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Prospect Park right now and there's just tons of folks out there every day not wearing a mask. And we need to do something to protect our community. The numbers are going up they're fluctuating but they are going up. We've just had some ‸ couple more residents here just recently died. there I think one of
them
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so it's starting to hit home now for a lot of folks. and we need to do something to protect our community because there's some out there that just don't care so I like the ‸ mandate item number four with number two making the violation
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non-criminal infraction and subject to civil penalty and I know it's going to be something that our police department probably wouldn't be able to enforce. but you know I just think we need to take that route That's my personal opinion.
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can you discuss what mandate looks like what does the enforcement look like
as far as your staff as far as enforcement I mean if it was a civil penalty we could look at that. I mean obviously we're already and even in the parks, I mean
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and a couple other, actually handing out masks to people and saying hey you know here's what you need to do. Here's what needs to happen. you know when we're there they wear masks when we leave some of them do, some of them don't. I think you know I think the majority of not only our citizens but people in a whole, if it's if it's mandated
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and I think if you see I mean if you're in a park and 10 people are wearing a mask and you're not ‸ it's kind of going to push you that way. so I think I think it could be very positive
I think you have a point in that because
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of those people and because I work in ‸ the sun a lot. ‸ I'm in construction So it's not that I don't want to wear it just we're out and we're not six feet. you know we're
a
bunch of men out there
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but ‸ sometimes ‸ like today for example I didn't have one on at work but when I walked into getting close to the Home Depot that's all I seen absolutely and
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you you ‸ hit the nail on the head on that the only thing ‸ I had an issue with was
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So are we prepared financially to provide that because ‸ say so many of our low income areas where you know people may not be able to purchase a mask. you're dealing with the homeless you're dealing with a bunch of other people who may be not able to purchase. I know you said you did it and We have been. yeah we've been
in a lot of areas. and you know
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if you encounter somebody that doesn't have a mask please provide them one. And not only provide them one but provide them the reason why we're asking them to wear a mask and what it could do. we even had ‸ our traffic guys on traffic stops if they encountered somebody on a traffic stop without a mask, they were providing them a mask and then giving them that information ‸ So do
we have enough masks right now We do the mandate today. Do we have enough masks to supply our citizens especially our most you know vulnerable ‸ citizens with masks I know
that's a tricky question probably not but I can tell you this
I guess I'm up
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we have
some of the
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vehicles that we can hand them out when we see folks without them but ‸ go ahead chief
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said we've actually I'm not going to say a step ahead of you, but
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And we went ahead and started stockpiling non-surge non-emergency grade mass surgical
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basically what you're wearing now We took in an order
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of those masks several weeks ago deployed those out to
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said, they've already been taken on that project out in the city and passing those out. we have another I hate to tell what's in our war. we have another
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right now.
okay
So one of the things that we're looking at is certainly trying to keep a good number of those on hand in the event that we do get hit bad again this winter. That's one of the big things that they've been talking about so I think with direction from the city manager and whatever council wants to do we can certainly look at that the supply lines are open ‸ so those things that we are having such a hard time getting in the beginning are actually becoming a little easier to get now I'm not going to say a lot easier but a little easier to get So if we certainly wanted to sit down, I could sit down with the city manager, get his idea of what you want our mid max to be on those surgical grade masks they're running anywhere between
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a piece
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so you know whatever direction council wants to go will certainly work
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been ahead of that game and where we're at now compared to where we were at in the beginning to start that push. And we've kind of implemented that somewhat not on a large scale per se but certainly we've been out in the community passing those out I've been trying to find a little stamp to go on the mass
it
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says
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I
like that idea but
yeah we're definitely
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I would like for us to go on a large scale. I think again
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good money on their job
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people that can't go and do that so I just want to be able to, for us to mandate that we're going to tell people what they need to be doing. We need to supply what we're saying that's ‸ my take on ‸ thank you sir
councilwoman Warner and then I have a card from attorney Alton Edmund and then we'll come up and do you want to say a couple ‸ words of reference to this yeah
I have a question Anthony is it possible for us to I mean right now we have a policy about city employees wearing masks ‸ is it possible for us to mandate mask wearing on property that we own in our parks in our buildings on public property and not in private businesses I just have a real problem with telling a private business how they have to operate their business I'm sorry
I imagine that the city just like any other property owner can establish its own policy for its ‸ property and its facilities so I would say yes
well I know like you know the mayor and councilman ‸ said you know the parks are an issue. and we own those parks So we can say, if you're in the park, you need to have a mask on you know if you're coming to the city building, you need to have a mask on
Well, the city's facilities are ‸ a lot of the city facilities, I should say are public places so where you have congregations of ‸ people they go there to for
reasons
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right the civic center the civic center ‸ Come to city hall. So we can
mandate
mass
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in our own facilities, even if we don't do it for businesses
I think ‸ from a property owner standpoint I think the city can mandate in addition the city also has regulatory authority in which it can impose this mandate on others so yeah I just have a heartburn over that but okay thanks
okay If you could state your name and address real quick
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like to first and foremost ‸ say that I agree with councilwoman
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would be the most effective solution however in the alternative I do agree with Mayor Williams suggestion to mandate the citizens as opposed to the businesses because I share the same concerns that councilwoman Warner does
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and I'm based in Cocoa I live in Cocoa and my office my law office is in Cocoa and I think you do put business owners in a precarious position to have to police and even eject potential customers and clients in a time when many businesses are already hampered by the current situation that we're dealing with
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sanitizer but maybe not everyone can do that And so a mandate on the citizens I think is most reasonable from this level because then as representatives of the people unfortunately
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you would take the heat for what happens ‸ but you at least protect businesses which I think is part of your function as a representative body of this people of the city of Cocoa however I would make a suggestion as it relates to the civil penalties I know there's something in the court system that we use from time to time. if you are assessed a fee or a fine there are certain fees that can be worked off with community service I would suggest an option because I do understand councilman
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consideration for those that may not be able to pay and those that may be in a predicament where they don't have the financial resources and so I think that it would be prudent to create an option for those that cannot afford to pay or everyone to be able to complete community service hours and verify that it is with a non-profit organization or something like that
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forgiven ‸ that way you promote community service you maybe clean up some things in the city
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that need cleaning up and at the same time you look out for businesses you look out for the people in the community that cannot afford it and ‸ you represent the city thank you
thank you sir and
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and then the
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It was a small fee I think it was
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and then after that it just kind of went from there but
that
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was just something I was looking at this morning so
councilman ‸ yeah I'm in favor of the mandate number two I don't think that I think by ‸ putting the businesses and letting them post a sign on their
door
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stating that they have to wear masks to come in they don't have it they don't go in and then but I don't think we should mandate anybody to tell them they you gotta wear a mask
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without us imposing that and I can't think we would be open up for a big lawsuit but I'd like to go with mandate too like Brenda and
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option thank you councilwoman
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well the only reason that that doesn't make sense to me is because of the experience with at least well three shopkeepers now that all have that sign that they request people to wear masks and they've gotten pushback on that and I think this was a great point to rather than put them in that position if the mandate is on the citizens to wear the masks as their responsibility and we make this well go ahead with the three warnings and then two of the public service and it's not like we're going to put a heavy burden on anyone by mandating this by any penalties associated with it but it does protect everybody and that's the main thing is I think we're going to see a lot of people shifting in that direction anyway but if you know
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of it just do it it's just a kindness to your fellow humans
‸ yeah
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if we went ahead and did a mandate and I'm a business owner and people come into my business without a mask and I don't want to have to confront them and say hey you need to have a mask on to be in my business what's my option pick up the phone and call the police
chapter 252 emergency measures are enforced by law enforcement and
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an emergency measure it goes through the criminal process the state attorney for prosecution
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can also do a civil penalty
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question is if if I'm a business owner and I have somebody come in my business without a mask what am I supposed to do I mean
well if ‸ the city council went down the emergency ordinance route then there are as I mentioned in the memo ‸ city council has reasonable discretion to set forth a ‸ penalty an enforcement mechanism unlike chapter 252
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statute says
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an emergency ordinance gives the city council ability to craft its own enforcement mechanism within reason so if
somebody's
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violating the ordinance they would be subject to you know the city council's penalty provision so they would be subject to possibly being cited for a violation of of the ordinance
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but yeah
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can call code enforcement I guess
what
do you
I mean call them that's not what
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I don't know I'm trying to look at figure out which one you're talking about well
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in public places not within businesses number
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was kind of addressing ‸ Mrs.
cost
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is concerned about businesses who want their customers to wear a mask and if we mandate it then what's the business supposed to do like I know I got a call from a business owner here in the village who's upset because people keep coming into her business without a mask on but I don't
will wear a mask if it's mandated that they wear one,
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experience is that people who don't want
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one, they really don't care what you have to say about wearing
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So I don't see how us mandating it cures anything unless we stick to mandating it on our property and our public places
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know
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Anthony said with our own order and keeping it internally ‸ I don't see how we benefit our businesses by mandating that people have to wear a mask to go
in a
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business that should be up to the individual business owner I have no problem mandating it in our buildings and on our property
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but
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in there anytime they want to ‸ they don't have to let you in but if we're mandating
it
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in public then ‸ more than likely they're going to go in that business with a mask on
I have no trouble saying that on our property and public property and at our events and the things we do you need to be wearing a mask I just don't want to regulate what businesses decide
but see this right here helps protect our firefighters our police officers that are out there because I mean a lot of times they walk up on individuals and especially some of these cases ‸ out there I mean a lot of these folks aren't wearing masks they're not wearing anything and but yet you know they still have to do their job you know our officers and firefighters and so ‸ in some cases this will help them and benefit them in a way too as well so I just I think as elected officials we have a responsibility you know I mean ‸ this is one of those tough decisions that you have to make you don't want to mandate anything you try not to do that kind of stuff but in some cases you have to ‸ especially when you see the numbers
rise in
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the way they are you know
well see to me when it says public places businesses are public places for you know
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so if I say public places I'm saying you can't go into time out without a mask on but
they don't yeah but
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that should be up to them not to me to tell them they can't let customers
him
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without a mask on that's my issue if I own a business and I don't care if my customers are wearing a mask and I'm not wearing a mask I shouldn't be forced to follow the city's guidelines that's what I'm saying I just feel like we have the right to say if it's our property you have to wear a mask. but
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private business owner that they have to tell people they have to wear a mask and
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if it's just picking up the phone and calling the police that puts everybody in a precarious position I would just rather say you're on our property you're in our parks you're in our public places in our buildings you need to have on a mask.
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public service I like public service myself and encourage like we've been doing I just I'd have a really hard time asking a business owner to force people in their business to wear a mask
‸ yeah
I don't think that we're asking them to do that all we're doing is giving them authority if they choose to do it to tell to remind their customers that ‸ there is an emergency ordinance and there ‸ are safety issues here so I ‸ don't think ‸ it really all it does is ‸ gives them more authority when and I really don't even think there'll be much enforcement involved they certainly haven't seen that in other places but it is a message to say that we need to wear masks the numbers are going up we want to end this thing we want to go back to life as normal
and
we're going to have to take some steps to do that and
just to add I know in Orange County there's a lot of folks don't like that mandatory ‸ mask deal but you see a lot more people wearing it now than ‸ before and
‸ with
that being said I'd like to make a motion that we adopt number four
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absent of certain exceptions ‸ similar to Coco's non-binding resolution but mandatory
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making a violation non-criminal infraction and subject to civil penalty based on counsel's reasonable direction and I think ‸ there should be
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maybe followed by at that point ‸ time what's
the steps for the enforcement
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that's what we're trying to do and I think community service is a good idea but you know it has to be something financial too so I mean what well yeah
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maybe three warnings you got three warnings from the police department if they go into an area and they see this and they end up ‸ whatever the case might be and then after the third warning you know they're familiar with the people they see out there and then after that maybe a $50 fine
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okay my next question so ‸ police run into Johnny Smith on
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right and this is a totally different officer he already got one warning from one officer at 8am he
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into another officer at 5pm is there something they're going to be they have to record this person's name in the system as far as like a ‸ document
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I mean how do ‸ we because ‸ I just don't like doing stuff we can't ‸ do nothing about I want to make sure that it's something that we can have a stick how would how would an officer keep up with that person
I don't know we'd have to look at figuring out a way to track it I mean obviously when we check out with somebody they could put it in cad comments but I'd have to go back and check and see whether or not we'd be able to track it that way or search it that way because what you're saying is if I check out with somebody now and three hours later Jonathan checks out the same person they're going to need to be able to figure out is this person already been warned or
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I think if we go at it the right way I think the biggest thing is to try to educate people ‸ and the same with the businesses I think it'll help I actually think it'll help the businesses because they won't they can blame it on us in other words if you go in that business they can say hey look at you know the city of
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mandating it in all the public areas it's not us right now I know we're going to a lot of businesses that are doing just what you're trying to say and they're calling us and saying hey look
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got people coming in we want them to wear a mask and they're not wearing a
mask. And
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a whole lot we can do. I mean, again, we try to convince them, but I think if you have the ordinance on the other side, I think you'll help out the business people by them being able to say, well, wait a minute. It's not me that's mandating it. It's the city of Cocoa.
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thank you
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you sir um
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so we can
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I just want to comment um there's a lot of I wasn't going to speak on this but since it's come up um I think that language in there needs to be restricted
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where we're getting floodgates of getting litigation like Brenda was saying and to think that a state attorney is going to pick up a face mask case and it's not going to happen on trial attorney but if that language said
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owned property I
don't think we'd have a problem with that language. But when you go enforcing against regular privately-owned property, I think you might open some
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there because there's a constitutional issue of personal autonomy
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we would be up against if we did that so it just might be a better sense in having it on and you're totally correct
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go down the street with a mask so by the time they get to a private restaurant or something then they already are equipped with that but the way that language how I see it is that if you just say public place that's such an engulfing language and it's ‸ ambiguous that anybody could see somebody eating at a restaurant obviously not having a mask on because they're eating food and say oh you're in violation of the city ordinance on private property I just think it might pose a lot of problems but mandating on on ‸ city owned property as your
parks
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as ‸ our entertainment facilities and things like that I think would be safer because we don't want to step on constitutional issues at the same time
‸ thank you sir ‸ and it does say public places within the city of Coco
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the way this read I just think that it has a little teeth to it but I know that like I said you're going to have some that comply you can have some that's not going to comply ‸ and it's just the way it is but it's going to make some folks a little bit more aware and we'll see ‸ them actually put the mask on and wear their mask so
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to word this or
if our
intent is ‸ I think you understand our intent based on the conversation ‸ we need
the direction and ‸ I did cross reference the resolution that the city council previously adopted and Orange County and Seminole County and a host of other local governments there are numerous exceptions to the rule there so there's no misunderstanding ‸ while we would do our best to define public place there are reasonable exceptions in cases where there's adequate social distancing so somebody who's sitting out on a park bench and there's nobody around and they ‸ themselves the ‸ rule ‸ other communities have adopted that would not require the person to sit there with a face mask on somebody sitting ‸ in an outdoor seating in a restaurant and they're eating that's another exception that you see through these ‸ regulations so there will be a plethora of exceptions we did not include all ‸ that information in this agenda item because for purposes of tonight's meeting just the direction is what we need you already have a resolution urging with exceptions we're going to go back and we're going to use all that information and give you
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an emergency ordinance ‸ a lot more detail and then you decide whether you want to adopt it at that point
does the emergency ordinance have a time frame on it Anthony like it's just many months or days or ‸ does it have a start and end date
the city council can do that it can impose a ‸ duration ‸ and have the matter come back to you for reenactment as an emergency measure so
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when it's not no longer needed or if it needs to be adjusted you can at least schedule it periodically to come back to you to take a ‸ look at so
we could even review it every month based on numbers based on data and
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that
it'd
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be represented to you like every 30 days and then you can make whatever adjustments that you need
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‸ and
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with the numbers constantly slide in you don't you know so well
hopefully they'll be sliding ‸ down now
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was that that motion adequate might or
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Did
you get a second
the initial motion is adequate as you know Anthony mentioned we would go back and ‸ draft the proper legal instrument based on the discussion tonight in the motion to bring back to city council so
okay thank you well you got a motion from the chair a second from councilwoman costs all in favor signify by saying aye aye opposed
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Yeah, I didn't hear the Deputy Mayor.
I
didn't know whether he... Were you yay or nay?
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You know, there is a... By giving that time for drafting that and bringing it back, it also gives staff, an opportunity to roll out, how are we going to promote this to the citizens and inform the citizens, as well as if we're going to roll out masks to the public, how do we do that in a safe manner?
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but rather distributing them ‸ as necessary to those vulnerable populations. So we will work on that as well as ‸ bringing back...
And our next meeting is in three weeks, so let's hope that, you know, in three weeks everything is just headed in the other direction.
‸ We're going to move on to item number two, Finance Director.
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What's the password on here?
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Oh.
Top secret.
Yeah. And how do
I
get the presentation? It
should be up there to the bottom.
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Does this mean we'll be wearing a mask at our next meeting?
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And
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people to understand.
Good evening, Mayor and Council members.
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normally given as part of the budget adoption process. So at this conclusion of this presentation, you'll be requested to approve a resolution establishing the rollback rate, to adopt a proposed millage rate, and then lastly to set the first public hearing on the fiscal
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at which time you will be voting on the tentative millage rate and the tentative budget. As a reminder to you, the rate
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cannot be increased once we start forward with this process in accordance with state statutes.
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where we're at right now, this slide shows a nice picture that we're almost fully recovered from 2009 when we went through the Great Recession. So
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over fiscal year 20.
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the same time period that I just showed you on the
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So to review the history of the millage rates, starting in fiscal year 2009, the millage rate was 4.4891 mills. We're currently at 5.979 mills. The proposed budget was formulated using the millage rate of 5.979 mills at the recommendation of city council. And so if we do continue with that and keep the millage rate of 5.979 mills, the projected avalorum revenue would be $6,626,904. That's a $410,000 increase over the previous year or 6.6%. So at this meeting, you have a few options for your millage rate. You can go with the 5.979 mills, which is keeping the millage rate the same as it has been for several years. You can go to the rollback rate of 5.8274 mills, in which case the increase in property taxes collected would be about $243,000.
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And then in this slide, we show a majority rate of 11.7143 mills. You can actually only go up to 10 mills, and that requires a two-thirds vote, as opposed to a simple majority. We show you the majority rate because that's
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complete and send to the State Department of Revenue and
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CRAs in fiscal year 21.
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CRA is set to ‸ sunset September 30th of this year. So the general fund collects all the
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‸ values. And so in the COCO CRA, with the current millage rate of the 5.979 mills, the city would be contributing $811,000 to the COCO CRA, which would be a $67,000 increase in avalorum revenue. And at ‸ the rollback rate, it would be a $20,571 increase. In Diamond Square, keeping the millage rate the same, there would be a $31,000 increase in
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revenue. And then going with the rollback rate, it would be an increase of $4,241. So what does this mean to the single-family homeowner? Taking an example of the $50,000 homestead
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the
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it
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And so
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you see on the slide, there's different property values there. So at $150,000, the person would experience a $21 increase. At $200,000, the person would experience a $27 increase. And then $300,000, it would be a $41 increase. And then you can also see that if the maximum millage was adopted, what those increases would actually be, which is definitely significantly more. So to compare where we are with the other cities in Brevard County,
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And so you can see where we are in comparison to some of the other cities. What we've done at this point in time is called the other cities and said, where does it look like your council is headed with your millage rates? And so you see on this slide where the other cities are going. And then, like I said, where Coco lies within what we know of right now as far as what's going on.
So,
again, showing you with the change in the millage rate, the actual taxes collected, we would be budgeting an increase of $432,000. State says we
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the $432,000.
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No, ma'am.
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I know that we're anticipating a loss in state revenues. How does that compare to this increase?
I'd have to go back and look at the numbers because we've done budgetary adjustments in fiscal year 20 and fiscal year 21.
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as a result of
the losses.
Yes,
ma'am.
The losses, yeah.
Yes, the city manager's done a good job at taking that reduction in the revenue and then really taking a really hard look at the operating budgets for the departments to make sure that the operating costs have been cut back to go with that reduction in revenue.
And these should be an individual motions, right?
No, you can take one motion, but I need to make an official statement once you're done with your questions just to get that on record.
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Okay. We'll see any more left.
Oh,
I have
a
good question. Okay.
How many years have we had operational budget cutbacks? It seems like we have them almost
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departmental budgets operating expenses.
I've been here. This is, this will be my second budget adoption. And I know the city manager, city manager always departmentally, we want to ask for as much as we hope we can get. And part of the city manager's job is to
go back and
review the budgets with the departments and kind of cut back and keep within the means. So some of those cuts may have been just, you know, we're asking for the world and knowing that we're going to get something somewhere in the middle. But I do know that in the last two years, the city manager has tried to keep the budgets level.
Okay. Thank you. Okay.
Thank
you.
Okay.
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resolution establishing the rollback rate, which you should have, adopt a proposed millage rate, and then also to set the first public hearing. So, I would like to officially announce that
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millage calculation ‸ for fiscal year 2021, is set at 5.8274 mils.
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5.979
mills,
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And then lastly, that a public hearing shall be held in the city of Cocoa City Council Chambers, located at 65 Stone
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consider the proposed tentative millage rate and the tentative budget for fiscal year 2021. So, at
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is established and the tentative millage rate is established, and the time and place of the public hearing to consider the proposed tentative millage rate and
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And then once again, you all see the reminder on there,
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Wait a second.
Approve what? The ‸ resolution.
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You want
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Right?
Yeah.
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Yeah, I'll make a motion.
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Right.
Then you
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Yeah. Sure.
Okay.
Yeah. I'm sorry.
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And we're going with 5.9790, correct?
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Yes. Okay. All in favor signify by saying aye. Aye. Opposed?
The
passage unanimously. Thank you, man. That was good. Thank you. Thank you. You did a good job. Okay. We're going to move on to item number three.
Mayor, Council. I come before you with another special event request. In your agenda, you will see there was actually two events that we're requesting. But one has canceled. The Dirty Ore Brewing Company has canceled their anniversary celebration that was scheduled for Sunday, August 23rd. So the only event that we would be approving at this point is the Fall Art and Craft Fair from the historic Cocoa Village Main Street.
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Attached in your agenda is their proposed safety plan to keep attendees and vendors safe. And you can see on their proposed plan that's also attached to the agenda item.
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So they're going to now be utilizing Riverfront Park.
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which will dramatically increase the size of the footprint. And then they'll spread out the boots more.
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be every other space and they're going to be diagonal from each other on the street. So they're hoping with the offering some distance between the vendors and requiring or asking attendees to use face coverings that they'll be able to keep people safe and it'll be outdoors.
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We have waivers for our private functions and we have been asking all of our organizers to sign a waiver, but we don't have attendees sign waivers. So the organizers, the people who are putting on the event would sign a waiver, a co-painter waiver.
Okay.
Motion to approve.
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Second.
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Any discussion? No. No.
Just with the required mask wearing, the expanded space and the hope that we're all going to start wearing masks and the numbers are going to trend downward. I mean, I think the issue here is they've got to start planning now, right?
Yeah. It doesn't
happen overnight.
Yeah.
So, you know, if things got bad, I'm sure that they would, you know, do the prudent thing.
Yeah. So you just need to start planning as far as accepting vendors in and being able to plan for that. Okay.
All the vote. Yes. All in favor, signify by saying aye. Aye. Opposed? And pass unanimously. Thank you, ma'am. Okay. We can move on to city business.
So,
number nine one. Um, public works director,
I
guess a city council consideration to approve resolution
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Yes. Uh, this is a two, this is two separate resolution considerations related to waste management. The first one is to consider the approval of a resolution increasing the recycling fees by $1.02 per resident, per residential customer per month, per waste management's request. And that letter is attached with the agenda.
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And along with that would, if it is approved would be to approve the associated budget resolution to amend the FY 2020 budget to increase the recycling revenue and expense accounts for August and September of 2020, which is BAF 20-082. The second item to consider is the approval of a resolution to
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the customer pass through of the CPI increase of 0.7% to garbage, green waste and recycling charges to the city of Cocoa commercial and residential customers so that the city would, would take on that additional cost. Uh, related to the first item,
uh,
waste management provided a letter requesting that $1.02 increase.
It
would raise the monthly rate from $2.28 to $3.30 per account per month. And that's related to, to unforeseen issues with recycling and the cost for them to process and transport, as well as the various, uh, rules and regulations that have changed in China ‸ related to accepting those goods as well. Uh, there is a representative from waste management here that can explain that a little more as well. Um, I do want to note that at the sustainability advisory committee meeting, uh, they recommended denial of this to the council. That's part of your consideration as well.
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Thank you, sir.
from
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waste
Yeah.
Uh,
good evening, Mr. Mayor and Mr. Deputy Mayor and Council members. Uh, Gina Ryder-Hicks. I'm the public affairs manager with, uh, with waste management,
uh,
3303 Lake Drive here in Cocoa.
Uh,
uh,
any questions from the
council members?
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Uh,
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Uh,
well, I was just reflecting on the conversation with the sustainability committee and, and, um, just to share some of those thoughts. Of course, this is, there's been a dramatic change to the international market and that's not gonna change. That's not gonna get any better. We're all gonna have to change our habits.
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the box.
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of what kind of changes are coming.
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a contract that we negotiated on behalf of our citizens. And, normally, a contractor would take into account changes in the marketplace.
Um,
and we do have contract negotiations coming up. Um, where I would imagine we're gonna see a big increase in prices as well. Um, ‸ I guess my question is, are you, that, is there some big difference
in the market?
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Absolutely.
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They ramped up in
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there were significant changes in international markets and domestic markets really started following suit at that time as well. ‸ The regulations and the requirements for what the end users are looking for with regard to recyclables has changed dramatically. They are requiring a much more pure product with with much less contamination. So to answer your question, absolutely. This is something that we're looking at
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of how do we educate our consumers to have them understand why that recycling right is important. So educational efforts, we really appreciate your coming out and touring our material recovery facility last year. More things like that that we can do to have you all serve as the the the representatives to to your constituents and explaining to them why this matters to them helps us tremendously we have an entire
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educational tool that can be used from consumers
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young people as well on proper recycling at the same time we're looking at
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you are correct, and we are looking at it from both ends, and I'd be certainly happy to share with you additional measures you know outside of this forum. We would love to share those with you.
Thank you, man Thank
you.
um Councilwoman Warner.
yeah Dean, I've been reading some reports from some other recycling avenues that there's actually been a serious increase in the contamination of recycling since this pandemic started. Is there anything we can do through our social media or
things that Samantha does and our stuff that we can put out just to remind people how to keep the contamination down? I know I get the impression that people are just not paying attention,
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and they're home more, they're using more products, and they're just not paying attention necessarily to what goes in the recycling bin.
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I know every time I get a pizza box,
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wish I could recycle all this lovely cardboard, but it's full of grease, so I know I can't.
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down immediately? Because I know right now it's at a much higher level, I'm reading.
You bet. Councilwoman Warner, that is an excellent question. And since people are home more, we have seen, really since March, a dramatic increase in contamination. They're home more. They're generating more recyclables. They're generating more garbage. The volume
increases
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is really nationwide. And what we remind people is ‸ that, you know, to please just make sure that you stay with the basics, putting only those items in your recycling cart that are recyclable. We understand there may be more volume now. If you need a larger cart, please call us. You know, we'll work with you to get you a larger cart for those recyclables.
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You know, cardboard, paper, aluminum cans, metal cans, plastics, you know, those types of things. So, you know, just again, reiterating those types of things of making sure that only recyclables are going into your recycling cart, you know, certainly helps.
Thank you.
Thank you.
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Okay, so, Brian, what we're looking at here is
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resolution increasing the recycling fees as well as the foregone the
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pass through the CPI increase of
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then we're also looking to approve the other motion is
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related budget resolution. Yes.
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There's two
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month. Okay. And the related BAF. So that cost would be carried through to the customer. Okay. The second resolution is a resolution for the city to basically absorb the 0.7 CPI increase. Increase ‸ here. ‸ I got you. ‸ Okay.
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our upcoming contract? Because my biggest concern is always try to look out for seniors and people who
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I'm sorry. And so they're more likely they're going to be hit with water increase, storm increase, now recycling increase. There's always increased, which I know, you know, it happens.
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‸ Do you have any idea on what that number looks like as far as trash are concerned?
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question. Unfortunately, you know, we don't have that number right now, but what I can tell
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The city ‸ has great density. That certainly helps when it comes to pricing garbage service.
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going on in the city right now, which is ‸ great for the city. So that would be a consideration. But
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level of density, ‸ that ‸ is still in effect. That certainly helps. The fact that we have the county landfill right out here to our west on 520 and its close proximity, that certainly helps. The fact that we have the
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So there are a lot of factors that play into what develops in terms of solid waste and recycling and yard waste pricing. Cocoa does have a lot of advantages that not every community has. So, you know, certainly, you know, when the time comes, we will absolutely look at the conditions at the time and absolutely put our best foot forward to make sure that the most competitive rates
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Okay. Thank you.
Thank you.
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Yeah,
I was just going to say, when you said looking out, you know, for our citizens, that's what a contract is all about. The contract that we sign was based on a certain rate. And the business, it's up to the business on the other side of that to make sure that their contract protects them for changes in commodity prices. So I'm struggling with this. And particularly passing it on and taking it on when we're looking at shortfalls. I know we're going to have higher prices in any contract going forward. But in the middle of a contract?
And Councilman, if I may, I think maybe I can alleviate some of your concern there.
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could not have foreseen really the dramatic impact that recycling had taken at the time. At the time, there were some international changes with regard to recycling that took place in 2013. They were mostly targeted within Asian markets.
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requirements for the purity of recyclables really start to ramp up. It's not things that we could have foreseen in 2015 when this contract was last negotiated. Now, the contract does allow for an extraordinary price increase. And that is the provision that we speak to with our ask here today. So that's why we respectfully bring this forth. We really were hoping to not have to get to this point.
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hoping ‸ the commodity markets would start to recover. Unfortunately, they have not. I mean, we've been facing significant headwinds with regard to recycling commodities markets really since 2017. We were hoping they would recover enough that we would not have to make this ask. But really,
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any significant change for the better any time in the near future.
Okay.
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were there any levels set in terms of changes?
I
mean, were there any trigger points?
Related to the commodity pricing? Yeah. Not that I'm aware of, no.
Okay. Well, we got two items here. The approval resolution increase in the residential recycle fees of $1.02 per resident,
per month.
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That will be our first one.
So,
one of the wishes of the council.
Motion to approve.
We got a motion from Councilwoman Warner.
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All in favor signify by saying aye. Aye. Opposed?
Nay.
Okay.
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Passes. Okay, we're going to move on to...
We got the second one, don't we?
Item number two, which is approve the related budget resolution amended the fiscal year 2020 budget to increase the recycling revenue and expense accounts for August and September of 2020.
Motion to approve.
We get a motion from Councilwoman Warner. Second.
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All in favor signify by saying aye. Aye. Aye. Opposed?
yes
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I'll say aye.
Since we already did the other, it doesn't matter.
It
passes unanimously. Okay. Thank you, ma'am.
Thank you all very much for your support.
And, Mr. Mayor, ‸ the last one would be for the CPI increase. So the first two, the
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And then that second part that you all
approved was the budget.
Yeah, it was
for the ‸ CPI and ‸ the amendment of the fiscal year 2020 budget, right?
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The first portion that you
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Okay. What is the wishes of the council?
Motion to approve.
We got a motion from Councilwoman Warner.
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All in favor signify by saying aye. Aye. Aye. Opposed? It passes unanimously.
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Okay. We're going to move on to item number four.
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Okay. Yeah. Item number two. I'm sorry. That's all right. Yeah. Request approval
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Yes, sir. This is requesting approval
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the proposed leave sellback program.
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This item is being brought to city council. After the safe at home order that the governor issued, the city manager and staff has worked to try to come up with a way to reward those staff that worked as emergency responders during the safer ‸ home order to help keep our citizens ‸ safe and continue the public services here at the city of Cocoa. And in order to do that, in good faith,
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this proposal. And the idea was after the safer at home order was to bring back a plan ‸ for this benefit. And we looked at other areas or other cities in the area to try ‸ to get different ideas for our benefit proposal. And with that, we proposed initially to all of the city's bargaining unions on May 29th, a different... Sorry about that. So initially, there was a proposal to all of the bargaining unions. The city manager worked to put out an employee email with a video explaining it. And we went back and forth with a couple of the different unions, just questions related to the benefit, how it's going to work ‸ and so to speak.
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city council to request approval from council, which is outlined at the agenda item by position category, with a different ‸ quantity of hours as a maximum.
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So human resources and finances work together to come up with the
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amounts that will be added to employees' accruals that they'll be able to use as time off, just like as they would similar to vacation.
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There's actually another agenda item later in this agenda tonight.
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of pay in October, which will be done on October 2nd.
Motion to approve. We
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All in favor, signify by saying ‸ aye. Aye. Opposed? It passes unanimously. Thank you, ma'am. We can move on to item number four,
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He's
here.
He's standing in the back. I couldn't tell that mask.
We're asking to approve a resolution amending fiscal
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to complete City Council Chamber's audiovisual technology
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by IM Solutions Incorporated, utilizing the Canaveral Port Authority's contract for professional services,
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Thank you, sir.
So tell us, how great is this going to be?
The system here in this chamber is pretty old, and it's been added to over the years, and we have a mix of digital and analog, and this is why we have these issues. This will replace pretty much everything in here except for the projector and the cameras and the microphones themselves, and it will eliminate the feedback. It will eliminate the issues we have with the stream quality ‸ audio. It's basically bringing the system completely up to date.
They're going to allow us to do Zoom meetings?
We already have that capability. We do.
But effectively.
Okay,
let's
use the lights because we're jumping on a little.
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So,
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would be a lot, when we do our Zoom, will it be, when they're speaking into their phone or whatever the case may be, we won't have to pull down the microphone anymore? ‸ That's over, correct? Part
of what we're doing is we're going to be integrating the conference phone system into the speaker system. Amen.
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We got a motion from Deputy Mayor
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All in favor signify by saying aye. Aye. Aye. Opposed?
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‸ Passes unanimously.
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day project. And we're going to have to do it in phases also because this room is used quite a bit. So, I'm going to be on the phone with them tomorrow to start getting it scheduled. Okay.
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Item
number five, administrative services.
Yes, sir. Thank you,
sir.
This is our annual renewal for our group health insurance. This is requesting to approve as recommended
the
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proposed fiscal year 2021 benefit renewal for medical, dental, vision, life, and disability insurance and to authorize the city manager to just sign related agreements. With us tonight, we have a presentation from our
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It's really brief, just a couple slides.
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‸ I'll start giving you a little bit of background. So, this year, we were a little bit off schedule with our benefit renewal. One, because of COVID-19. That's kind of the excuse for a lot of things right now as far as delays.
But
also, too, earlier in the year, we had an RFP out for our benefit broker, which we transitioned. Garen Group's benefits, or their commission used to be built into our fees of our health plans, where we didn't have a separate purchase order that went to Garen Group to pay them for their services or our online benefit system.
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as their broker, the commission is now out of the, has been pulled out of the employee rates. And we, starting fiscal year 21, we'll have a
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which is to estimate about $130,000 annually.
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some of the different plans, but it's, it's kind of, the commission came out of the fees, which is being transitioned to
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the renewal. So,
thank you.
And, oh, and one more thing, and it was outlined in the agenda item, the city has an insurance task force made up of several different employee groups, bargaining unions, and general employees, and we met several times with different proposals or options, I should say, for the committee to vote on. Typically, we bring that committee, we bring their recommendation to council as a supporting of whatever our staff recommendation is. And in this situation, late after we met with the committee, there was a final evaluation of the budget, and what's being recommended now is for staff and city council to absorb the increase of the medical plan.
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recommendations, so.
Great.
Well, thank you, Tammy, Mayor, City Manager, and Council Members. Appreciate the opportunity to be here. I think Tammy covered a lot of it, so I will be brief, but please stop me with any questions. So, the first thing that we always look at this time of year is it relates to the city's medical plan. So, the city is self-funded. That means that when employees incur claims, there's reinsurance, but ultimately the city pays for those claims. So, we look every year at that claims experience to see how the plan is doing. And overall, if you take a look for 2019 and 20,
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year. There is a portion of that that, you know, largely in the month of March, obviously not a lot of employees were going to the doctor. They weren't seeking a lot of care. But what we did see in that time frame is obviously people that were having more expensive care, if you were getting cancer treatments, medications, all those things still went on. Some of the more routine visits were delayed, but then they've kind of filled in in the months since then. As we look at COVID and the overall impact, there's ‸ some claims that we think are kind of lost forever.
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you probably didn't start going six times a week when they opened back up. You probably just resumed going where you were going. So, those claims are kind of lost. So, the city gets a little benefit from that. And then there's some, obviously, if you put off a knee surgery, as an example. Eventually, you're probably going to have to have that down the road.
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COVID-related expenses 100%. So, that's a question that we get a lot. So, if you go for testing, any of those things, as long as a doctor feels you need to have any of that care, that's covered. What we also look at, so we look at a lot of data throughout the year. And instead of inundating you with data, I think this is probably the most meaningful graph that we could put up. ‸ This is the top cost drivers for the city's plan so far this year. And you see, obviously, looking at the top, cancer is our biggest cost driver. It's a bulk of our expenses. It's a lot of what drives our costs in the plan. The other reason that that's relevant is, although, obviously, focus on preventative care is important, most people really take a stance that there's not a lot we can do to prevent cancer.
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But overall, cancer is a little bit different versus some of the other things on the list are driven a lot more by lifestyle choices. We always like to see that because as we're facing escalated costs in the market, it's good to understand what's driving those costs, especially.
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a little bit of pharmacy. If you look at the next item on the list, which is diabetes, you'll see it's very low medical spend in doctor's offices. It's really more in the pharmaceutical end. So this just gives you a little snapshot of what's driving costs. But I think as we look a little bit further, what we always look at is, you know, with X amount of claims that any entity has, how much is coming from that catastrophic portion of the population?
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a year. And right now for the city, just to give you an idea, we've seen that 28% overall reduction. What's really good is last year through June,
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1% of membership. So a very small percentage of people that are basically responsible for half of the claims costs on the plan. That's people with those cancers, with some of those higher cost conditions.
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but I would say for the city, it's a little above the average. The other thing that we noted, and I'll show you a graph in a second, is we broke out claims by retirees and active employees. Because we want to know as we're investing time in wellness, things like the health center, what are we seeing with some of those results? Now, the city has some obligations from past policies where they provide retirees coverage. The state of Florida mandates that you offer them coverage. It doesn't mandate that you contribute to it, but we can't not offer retirees coverage. But as we look at that data, the retiree averages, ‸ we take total claims and divide it by either the number of active employees or retirees on the plan on a monthly basis. You will see that the active employees were very flat over that four-year period. But
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They continue to increase. And that's another big part of our cost drivers. So, overall, as we looked, the
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And before I move on, kind of looking at the next thing, I always like to paint a perspective of what the market's doing. Right now, average increase in the state
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Florida averages. In that time period, we have nine claims where the reinsurance kicked in. What's partially helping is only six of those are still on the plan. So, they've either moved on to other coverage, looked at other options. And then, as I said, claims have decreased a little bit from COVID. So, as Tammy said, we met with the insurance committee or the insurance task force. We looked at a number of different cost-saving items.
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We looked at changes to pharmacy, dental, vision, all these things. We met with the ‸ task force a couple of times and talked about that in further discussions ‸ with staff. Staff looked at the impact of absorbing the increase, given what's going on right now in the overall landscape because of COVID.
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absorb that increase for the employees this year. So, this is a copy of what Tammy put in your package. This is every line of coverage. So, we have medical and dental. Medical, obviously, is self-funded. So, on the bottom, you have the medical administration and reinsurance, which are fixed costs. And then, the claims are paid as they occur based on that projection. And then, we have vision and life and long-term disability insurance on that. And I'm going to hit the last slide, and then I'll come back to this if anyone has any questions. But, one of the things that we talked about quite a bit with staff is making sure that, you know, we're engaging with the task force throughout the year a little bit more.
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‸ have identified is we want to make sure, obviously, that we're continuing to evaluate those claims on an ongoing basis. So, we do that every month. But, kind of jumping down to the third bullet there on the timeline, we want to make sure we're in front of the task force a little bit more. So, they are seeing that data more often going into renewal.
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We do want to look at fully insured and self-insured to make sure that self-insured is the way to continue going. And then, the last bullet on there is the city has a formula that was outlined in some of the documents for how the employee-employer contributions would be split. Over the last couple of years, the city's absorbed that. So, that skews those percentages a little bit. So, if we were to switch back to that at some point, it would shift a larger burden on the employees. So, I think, and if Matt wants to add anything, but I know for Matt and Tammy, making sure that we're looking at that and considerate of that potential impact down the road.
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And kind of what we found this year in reviewing the recommendations with the insurance task force is that we're essentially bringing to that group of employees a cost increase, you know, with a decision point on where do you want it.
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Certainly, what we heard from the employees was, well, we don't want an increase, you know, ‸ especially with the pandemic going on and the increases, you know, there's a set amount. And you're just shifting the cost from dental, vision, healthcare, you're just moving the costs around. And when you move those costs around, specifically for those employees with dependents, those costs can be pretty significant. And so, what we didn't want to happen in this current climate was for employees to drop insurance with the employees. And after further review with
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you know, the city absorbing that $53,000 increase would essentially cover that for the employees for this next year. I believe is a very good value for the employees, allows us an opportunity to bid the insurance in 2021, engage
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especially during the pandemic has been a very unique time. And so, we'll continue to watch that as well as engage that task force in plan changes ‸ that could be probable for the next year rather than come to them essentially at the last minute with this is what it is. You know, they'll know in advance where we're heading and have an idea of what changes would need to be made. And so, we will proceed this next year doing that regardless. But what we have here before you is,
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renewal. That's for medical, dental, vision, life, disability insurance. And it's important to note, as Sean, and this is one thing that the insurance task force was somewhat confused on, with
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dependents actually goes up. The city's covering more costs related to that. It's not being passed on to those employees that elect for those coverages. So, when it's absorbed, the next year when you come back,
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costs. And so, that was something that, you know, a lot of the membership weren't aware of. And so, they were looking at
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And so, what this proposal would do is allow the city some time to work with the task force, as well as the employees monitor these claims, hope that they continue to trend downward, and realize those savings in our plan as we move into next year.
Thank you, sir.
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Yeah, I was just interested in the slide you showed us with the retirees. Do we have... ‸ So, that's the... Those are the
actual.
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So, do you have any projections? Do we have projections going forward?
No.
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you know, what I will say is it's a smaller group. So, this isn't a dollar for...
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We have a lot more actives on there. As we look at the projections, we look at them overall.
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you know, with any of the groups is those catastrophic claims. And what makes it ‸ really hard to project on retirees is you don't know how long they're going to stay on the plan. Where the actives,
you
kind of assume, hey, they're going to continue to be employed. The retirees are a little bit more. So, we don't break out that projection kind of individually by either one of the... By just the retirees.
Also, I'd like to add the retiree population over the years has reduced quite a bit ‸ because the benefit eligibility... Like today, you'd have to be employed prior to 1992 to have that benefit for life. And a lot of those employees have since retired and are no longer here.
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Currently, the retiree benefit is 50% up to age 65. This plan that Sean's reviewing is our group plan, which includes those retirees under 65.
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which is those retirees that are 100% retirees over the age of 65. So, it's a different population and a different plan.
What are the wishes of the council?
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Second.
Second from Councilwoman Koss. All in favor signify by saying aye. Aye. Opposed? It passes unanimously. Okay, we can move on to item number six. Thank you, sir.
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Services.
Yes. Yes, sir.
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Firefighter Stephen Register and the City of Cocoa authorizing the payment of the workers' compensation settlement. And this settlement is in the amount of $85,000 and will settle all open claims or any potential claims with the City of Cocoa, which is currently, this covers three open claims. Thank
you, sir.
Thank you,
ma'am.
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Motion to approve.
We got a motion from Councilwoman Warner. Second.
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All in favor signify by saying aye. Aye. Opposed?
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move on to item number seven. Administrative Services.
I'm so sorry.
I
don't have that item printed. I've
uploaded
too many items this week. This is ‸ requesting approval or biweekly payroll policy effective ‸ first payroll period of fiscal year 2021. A little history on this. The city staff has been having the goal to transition to a biweekly payroll system for many years. We process payroll weekly right now.
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but I'm not sure about that. This is requesting to change the policy to a biweekly payroll, the first payroll period in October, which would the first paycheck would be October 9th. We're working on a transition plan for employees with human resources and finance to help transition employees. Being that they're used to being paid on a weekly basis. We're starting financial education series. We have several different providers that we're talking to for the financial education due to COVID. A lot of that is going to be through webinars. However, we're offering one-on-one appointments as well.
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I'm not here to answer any questions. Again, this was noticed to all of the
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Through the bargaining process, we're required to give them 30 days notice. ‸ Most of our union agreements for any notice of potential changes to policy, procedures type of thing. ‸ And we did all of that in good faith with our bargaining unions.
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to the table with, I think, one or two unions. A couple meetings just to
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And so we've had a very fluid conversation with all of them. And ‸ at the end of the day, everybody has been supportive. So I want to thank them for their support.
‸ Thank you, ma'am.
Motion
to approve.
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Second.
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All in favor, signify by saying aye. Aye. Opposed?
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Mr. City Manager.
Thank you, Mr. Mayor. This item is for related to City Council discussion related to naming of a specific structure or area within the City of Cocoa. The request came from City Council to name an area or structure within the City of Cocoa after Captain Ed Lanny. There are a number of items outlined as well as the process within this item for your consideration. Should the City Council choose to designate one of these areas or an additional area, we would bring that back in the form of a resolution for adoption.
And I wanted to add that I was the one that requested that this come forward. And I wanted to make that known because there's been a lot of naming buildings and streets and so forth and so on after individuals. And Captain Ed, ‸ what he's done for City and our community, I mean, it's well known by many. His contributions, financial contributions. In fact, he's been on the Cocoa CRA for a number of years. And it was a
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And ‸ the list just goes on and the things that he's done. He's 95 years old right now. And we've been recognizing a lot of people for different reasons. And I've shook
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But this one here is, I think, one of our residents that should be recognized. And he's proven himself worthy. And I would like for him to see the fruits of his efforts before, you know, he leave this earth. And like I said, he's 95 years old.
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got the promenade, the promenade
overlook
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I think Captain Ed would prefer it had something to do with the water.
Yes, ma'am.
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The riverfront connector ‸ and just anything else that you all might identify. But I just find a sense of urgency. I mean, looking at his age.
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But I just still think that we should do something for him. I think he deserves it. And there are many others in our community that deserve it as well that have done some great things for our community. And we need to start recognizing them ‸ one way or another. But so.
Yeah, I think definitely something water related. I know
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But make something permanent. And either whether it be one of the promenades overlooking
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Something
to do with
voting
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would definitely, I'm sure, be his preferences.
He's
always was an avid
voter
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‸ So it's up to you all. What do you all want to?
I have no problem with naming something after him. I think maybe his staff wants to bring something back.
I
definitely. The ‸ T-docs would be my first choice.
Yeah,
the T-docs would be my
choice as well. I make a motion and we name the T-docs at the Captain Ed Lanny.
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We
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All in favor signify by saying aye. Aye. The passage unanimously. Opposed. And so we're going to move forward with that. And I just want to say something.
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we have. And I don't know where we are with that. But we really. And I think as a city we need to move forward on that. And I also know that. And I had talked to Matt about this.
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We have so many great. So many folks have done so many great things in our community that we don't recognize. And our kids and our grandkids and great grandkids. Our kids and our grandkids and our great grandkids should know the history of our city.
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We have some folks in our community that have been there for years. That have on both sides that have done some great things. And I want to
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That we actually get some portraits up there with some bios. With reference to some of our community leaders. You know I hear a lot of folks talking about a lot of different people in the community. But you know I'll just throw one name out there. Dr. Jerkins.
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You know all the blacks saw back in the day. That was the only doctor that we went to. And I don't hear his name. I don't see anything thrown out there. And he was right there across from Metropolitan Church on the hill there.
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Yeah. And we have some great leaders on this. That was ‸ Travis Hardware. We got Al Trafford.
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And I think that it's time that we start looking at our history here in our city. You got
this
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Sullivan Packing Company.
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to be recognized as well. So I would like for our kids
and
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know not only just the black history but the white
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And we
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some portraits up there with some of that data up there. If that's the wishes of the council. But I just think that it's important.
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But I just think that there's so much history here. And we just need to start recognizing a lot of that history ‸ on both sides. Well,
can I suggest, Mr. Mayor, that we might want to start including some of our history in our webpage? On our webpage because ‸ I'm hearing that a lot of our newer residents aren't necessarily aware of our history. And, you know, unless they have the information available or they know where to go look for it, like at the Florida Historical Society,
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You have to search to find it. So maybe a good place to start is maybe some links on our website. If not the history itself,
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they can see it. It's like if you look at the mural on the wall over there at the bank, most people have no idea what that is in that mural. Most people don't
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And some of our, Jewel Collins is in that mural. And, I mean, there's nothing there. If you weren't here when that mural was painted, you don't know what that mural signifies and who those people are that are on that mural. So there just needs to be a place for that information is available, I think. So I agree. We need to do a better job of putting our history out there no matter what color it has behind it.
And that's just something moving forward that if we could just, as a council, just start thinking about and maybe putting some stuff together, you know, ‸ kind of coming together and forming a plan for reference to doing something like that. But anyway, I'm going to move on. We got item number nine,
I
marked the year contracts. I'm Rebecca.
Yes, Mr. Mayor, this agenda item is requesting authorization for the city manager ‸ to execute a multi-year contract between the city of Cocoa and
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Orange Lean is a company that's been used for several years now. They perform lean searches when properties are being closed on,
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to see if anything is outstanding, and then collect that money at closing for the city. The city does experience a revenue source from utilizing this service as they pay a certain fee to us for each lean search that they do.
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Motion to approve. We
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Second. Second from Councilwoman Warner. All in favor, signify by saying aye. Aye. Aye.
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Item number 10, administrative services.
Yes, sir. This is requesting approval of the renewal of the UnitedHealthcare Medicare Advantage plan for eligible retirees
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eligible retirees for Medicare Part B reimbursement. I have to
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Care Act, there's different fees required by legislation that the plan is supposed to pay, depending on what the government passes. The federal government has waived those fees for this next calendar plan year, ‸ which is reflected as a reduction. So, overall, the rate went down
for
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retiree. The only plan change was on ‸ hearing aid benefits, which is to not allow hearing aid reimbursements for out-of-network.
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Thank you, ma'am. Those are wishes of the council.
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to approve.
We got a motion from Councilwoman Warner.
Second.
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All in favor, signify by saying ‸ aye. Aye. Opposed,
it
passes unanimously. We can move on to our reports. Any board reports here? Brian, hope it works.
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Thank you, sir.
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Yes, I would just like to echo the administrative services director's appreciation for the unions in supporting the biweekly payroll. It's going to make a big difference for both HR and finance staff to be able to accomplish all the various tasks that need to get done. And they had some really good questions and some good concerns. And I think that we were able to address that. So I appreciate the support in being able to do that conversion to biweekly payroll.
Thank
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We redid the handout, basically taking those two subsections out. City attorney's office is working on making the changes to the code. The plan is for it to go to the zoning, planning and zoning board in August at their next meeting. And then to you for final approval in September. The two areas, I don't have a lot of detail about them, but we're basically dealt with the time frames and special events. The only thing that didn't change is the locations for science
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it ‸ more detail.
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um yes.
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um
um
A few years back, we
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We seized an enormous amount of computers, monitors, basically took up our whole, a lot of our evidence storage. Once that case was completed, we were put in contact with the group that we we basically donated those to. um They refurbished the computers. uh They were able to refurbish them and, um and give them out to
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good way for us to take all of that, that that we, um did seize and uh put it to good work for our community.
And then the young lady.
oh um we also had a young lady that came in, sorry. And, um and, and offered to, uh actually
send
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us a card and offered to uh buy lunch for officers uh one day at uh an establishment within the city. um And so some of
the
officers did uh go over and have lunch. uh So we invited her and her family to come in. uh We created a card, actually, um our PIO,
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Martinez, worked really hard, created a card. um he had the majority agency to sign it. We framed it. um And then also presented her with uh several other things from the agency, uh thanking her for, and her family for what they did uh for us, uh which meant uh a lot to all of us.
I can tell you, I was grateful for what you all did because ‸ that really made her day. And uh and she's autistic, so it just it was amazing just to see how excited she was. She's an amazing kid. So
we
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appreciate what you all did. Thank you, sir. um Chief Lamb.
Yes, sir. Just a quick update on where we're at.
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58 ‸ deaths. That's an increase of 149 cases. uh That's as of July 20th, the increase.
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Again, that's within all of
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with the city um at this time. So looking at the trend where we're at nationally and then looking at the state
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average positivity rate as of right now. So we are seeing the numbers start to go down. Trying to be optimistic. I think we're actually going to see maybe them go back up once school starts a little bit. So, you know, that's yet to be seen. That's a little bit. uh They're kind of looking at now as a state level is that we may see a spike once school starts back. They're hoping not with all the protective measures and all, but we'll see once that starts in August and uh
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uh after careful thought and deliberation out of the best interest for first responders and also our citizens, we
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celebration at the fire station that was scheduled for August to a later date. Certainly, we're still in a
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to be mindful of making sure that we protect our first responders at the fire stations, our police officers, and more importantly, our community and our citizens. So we're going to take protective measures ‸ just go ahead and delay that a little longer. So at the rate we're going with, baby celebrating our 101 year anniversary
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I just want to mention that the Space Coast Economic Development Council had sent us a letter ‸ asking us to make a new appointment for the Ad
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Tax Abatement Council. Typically, that is our Economic Development Manager or someone in that position. So we wanted to nominate Angela Essing who's our economic development manager and wanted to get council's consent on that. thank you thank you
sir
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I received an update from Mercer Group, um Donna Higginbotham, on the update for the city manager recruitment.
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I'm not sure how many applicants she's received since the
reposting
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of it. um She believes she'll have the list to mayor and council no later than July 29th. um So we're going to schedule, we hope to schedule a meeting um most likely the week of August 3rd to to possibly
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and then
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interviews. So we'll be getting with y'all through the clerk's office to schedule those special meetings um to make those selections. Okay. Let
me
give you a
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uh anthony um
Mr. City
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uh Yes, Mr. Mayor, a couple of items. uh The first one, uh just want to uh extend my thanks to all the employees
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items on tonight's uh agenda related to uh impacts on the employees, good or bad. And, uh you know, we do all of this from the administration side in partnership with our employees. And
I
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like to think that, you know, we work through a lot of uh those issues with them to arrive where we are. uh And with that being said,
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are are really the way we deliver the municipal services that we do. And we can't do it without them. And so we certainly recognize that. And we appreciate their cooperation as well as uh City Council recognizing that
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um um I also want to cover uh City staff has been working to uh identify specific department level plans related to uh the hurricane season. And now uh with pandemic going on at the same time, uh modify some of
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with the departments to assemble those plans and have those prepared as as we go into the the heart of the hurricane season. And uh just to follow up on the
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we do have the customers uh contact information. We'll be reaching out to them tomorrow to follow up on that. And then I know some of the members currently on City Council, were here when we completed the water meter use, water meter accuracy and utility billing practices audit. I have that here. I can resend that out to all members of City Council so you can review it for yourself uh
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that we went through uh related to the accuracy of our meters as well as our practices. And so I'll send that out to you all. We'll schedule the meetings uh and
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came forth tonight and uh work with them.
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um those three people that were here tonight, I'm seeing a lot of um complaints, especially from Merritt Island and Port St. John. Have we checked to see are we having an increase in complaints about water bills uh
since
the pandemic? I mean, I know there's been some changes. and But has it has there been a an increase in customer issues?
‸ Rebecca may be better equipped to answer that, but
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forward tonight uh through the social media. We've actually been reviewing those individuals on their their accounts to proactively identify whatever issues may be out there and work to resolve those. Like
the Port St. John, we hate cocoa. Okay, that one.
Yep. uh That as well as the the Merritt Island page that we've seen recently. So, but Rebecca could probably answer if we've had a
uh
increase in the number of uh issues related to water loss or high billing. uh
No, we haven't specifically had an increase in the number of customers that are calling about complaints. um
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So, several people have been kind of looking at different uh pages and getting the names and reviewing the customer accounts that of the people that are doing the complaining. And haven't really found anything unusual going on with those customer accounts. um there was um so staff even proactively reached out to some of those customers and requested if they had a concern, you know, what their concern was, and
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group with the group
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you Just
want
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to talk about us on social media. Okay, that's kind of what I thought was going on. so yeah because
Staff is doing what
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really calling us to complain about their water bills. Okay, that's that's what I figured was going on. ‸ Thank you very much. um Also, I want to say thank you to um staff. I didn't get to attend the uh opening of the waterfront on Saturday because I was running a fever, and even though it was very tempting to come and hang out with everybody and spread that fever around, I decided it was better to stay home. So I actually isolated until Monday when my fever was gone. But I wanted to make sure that I mentioned um um ‸ thank you for the um
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and for Jerry Sansom, and also for uh
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for taking the time to come down. uh It looked like from the pictures I saw, a great event. um Everything's
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And um it looked really nice. It looked like a beautiful day and that the weather held out for everybody. So thank you, Sam, for the work to put that together and for everybody who participated. um ‸ also wanted to say that I've had some questions about the um city manager search and why we reopened it. And I think because the information is not out there and there's no video
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to see, they've had some questions. um So I just wanted to say that um the the process of reopening it, the reasons why I supported it, were because I was not satisfied with the applicants that I had. Not that there was anything wrong with the applicants. There were some very highly qualified and some great people in there, but they weren't just exactly what I was looking for for the city. And I got accused of playing politics with the process, and I just want to say this. First of all,
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There are no politics in anything I do. There's never been any politics in it, but especially right now. I'm leaving town tomorrow to go finalize ‸ property purchase in another state. I am out of here. I am done. I've given 25 years to this city. My only goal in this process of finding a city manager is to leave the people of this city and the employees in this city with
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to run this city.
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‸ person with the most integrity, the most knowledge, and the best ability to do what's
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didn't care, I sure ‸ wouldn't have sat up here for ‸ the last few years putting up with some of the stuff that I put up with. I care and I want the best and I'm looking for the best. Whether the best was on that list or not, I lost all confidence in the integrity of our consultant and our process when I got my short list. And one of the people on that short list had only one of the qualifications that we had asked for. And when I called the recruiter to ask her what she saw that I did not see in the resume and the qualifications, she told me that person was on the list because one member of the council wanted that person on the list. Is that true? that ‸ Well, then we'll have a discussion with Diane. How do you know it's not true? Was it you? i'm I didn't mention ‸ names. But I have the floor.
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I wanted more people to look at. I don't care who those people are. I just want more people to look at for the job. Nothing to do with politics. But
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And it has come to my attention that somebody has signed up to run from my seat that I know does not live in my district because I know where the person lives. I've been to their house. I'm familiar with the neighborhood, familiar with the family, know the neighbors, and I know that this person has signed up to run and does not live in my district. So I want to know from the city attorney, under the articles of our charter, ‸ what are the obligations of this council to make sure that the people who sit in these seats are in fact qualified?
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they live? Or do we have a process that we can use for eliminating people who commit fraud to become city council members?
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the spot hot
water
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There is required paperwork that must be filed with the city's local supervisor of elections, and that
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um qualifies people based on the information that stepped forth in the documents. And at that point, you know, she handles her her um her duties. And if anyone who has standing wants to challenge that person's qualifications to run, it's their prerogative to bring that action. I think this council is generally aware of of that. I know you reference a certain provision of the charter regarding judge of qualifications and forfeiture of office. That's a process for the city council to basically govern itself and examine the qualifications of its members that are on that around this bias um So that's another you know a process in the charter pertaining to the council and its members. Okay.
So if, just say I go into the clerk's office to qualify, and I provide her with documents that say, these are my qualifications,
then
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what is her process for verifying that those are actually true documents?
My understanding of the law is she really has a ministerial duty to make sure that all the T's and
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paperwork that needs to be submitted. Her role is not to verify the accuracy of the information or data that's in those documents.
‸ whose role is it?
As I said, if someone with standing wants to challenge that person's qualifications to run for office.
Well, who has standing?
um primarily an opponent that's running against that, uh that other, candidate has, has standing.
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So a citizen doesn't necessarily have standing. What are our obligations in so far as those seats are mandated by a federal court order? Do we have any additional obligation to verify under the rules of the consent decree that we are following that mandated federal order for those single member district seats to have members who live in those districts?
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in a while. Off the top of my head, the federal consent decree pertains to
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districts except for the mayor position, which is at large. That was primarily the results of of the consent decree. Now, within within each districts there are charter requirements pertaining to qualifications to serve or run in those districts. It's set forth in the charter. And with respect to district elections,
a
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person must be domiciled within the district for, I think, a period of one year prior to qualifying ‸ and must continue to be domiciled if they're elected by the people to serve on this council.
Okay. So those are the qualifications for district. The same qualifications apply for the mayor's race?
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In terms of qualifying the mayor, uh to serve in the mayor position, you must be a
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for at least a period of one year prior to qualifying.
And then they're elected?
And upon election, the
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So what is the terminal office?
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I
think you can go back and look at the record when that provision was adopted. the case The law and the distinction between the two is spelled out very clearly in that ordinance.
Okay. um Before we start having qualifying for the election, um I'm hoping that people who are not qualified will do the right thing and not walk into the clerk's office and sign an affidavit saying that they reside somewhere where they don't. Because I believe that unlike previous races, this one will not go unchallenged.
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council, it really, really bothers me to see people come forward knowing that they're not telling the truth and to have people support them knowing they're not telling the truth. And fortunately for us, or
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the city council to do some remedies should somebody who doesn't qualify get elected. And
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to those investigations of...
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i mean No,
actually it isn't. It's something that needs to be discussed in the public because I think this is something that the public needs to be aware of. um And reports is my time to make a report. And this is my report to the public about what our charter says.
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employees as it's spelled out in the charter? uh
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yes it's its elected members right there's a process in the city charter that spells out what the council's role is and what the process is for the council to proceed um in in that type of uh situation
well what is that process for the council to proceed
process that's laid out in the charter um specifically grants the city council and investigatory authority including subpoena powers for purposes of conducting an investigation the charter requires resolutions to be adopted there's a preliminary resolution the member that's being uh subject to the resolution is subject to a hearing or has the right they're hearing um in front of the city council and defend the allegations that are being made against that
okay so if somebody got elected that was not qualified then there is a remedy on the council because right now what i'm seeing is there's a lot of questions about whether or not
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and i don't have any questions about where the mayor lives i know where the mayor lives but with an election coming up i think if this council has the ability to get this cleared up before qualifying, it is in the best interest of the city of
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for this council to do an investigation and clear up these
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and on social media. So if I made a motion that the council did an investigation to clear up these outstanding questions and issues about the mayor's qualifications and whether or not he's domiciled in the
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would that start this process?
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already.
and
This is reports.
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I'm the chair of the meeting, so I'm just...
I'm just asking questions of the city attorney. And I think I have a right to do that.
What what you're what you're suggesting um is that the council invoke some sort of potential forfeiture of office proceeding.
Yes.
So, you know, that that requires three votes of the city council just to initiate and entertain such and such a matter. And, um you know, I'll leave it up to the council whether or not they want to entertain any such... But
that has to start with a motion, right? In a second.
It requires three votes.
Okay, so you don't get a vote without a motion.
‸ Correct.
Okay, so I'm making a motion that the council investigate whether or not the mayor is qualified to hold office based on where he lives. Because
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and I can tell you that the mayor does not live on Cypress Lane currently.
‸ We got a motion from Councilwoman Warner.
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All in favor signify
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There's nobody sitting up on this diet that doesn't know that the mayor doesn't live in the
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So everybody up here is just as guilty as ‸ That's an assumption. That's not an assumption. Yeah.
That's
not an assumption. Well, you know what? There's plenty of people in this room who have.
Okay.
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of my report.
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matter?
It's been going on for almost two years now. Two years?
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why are we dealing with this again? Why are we trying to to muddy the waters again once? Because
we have somebody else jumping into the race who doesn't live in the city.
‸ but you brought up a motion to basically remove the mayor ‸ Yes, I
did.
all Right. Which is
my prerogative. And it failed, so that's fine.
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Just because we have the power to do something doesn't mean we should do it.
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I
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i Listen, I respect you. You know that. I don't, I don't, if I disagree with you, I just disagree. But what I'm saying is, just because you have the power to do something
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mean it's right to do. That's my only point. I think, I understand right now we in the political environment and everybody's trying to do everything under their so-called politics to do. But you've been sitting with them for almost a year and a half, going on,
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choose to July to make a motion before November. And
I probably wouldn't have done it if we didn't have somebody else trying to do the same thing.
Okay. Let me ask you this. So, Mr. Hearn, that's what we're talking about. So, what is the address that you have for him that that we can investigate? What is that address? Please.
The address that I have is the one where I participated in Toy
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for two years and where you participated in a Toy
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for him, which is in the middle of Park Drive across the street from Sam Newton, where he's been trying to put a new roof on his house. I don't know. It's the
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block.
Yeah, but but if we're gonna ‸ throw these things out there and on on record, right? We're being recorded
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If we're gonna ‸ do that, and if we're not just trying to do it just to be divisive, just give us facts and information so that so that the clerk can possibly do her job instead of just throwing stuff out there. I'm not
throwing anything out there. He's a firefighter. his address? is protected It's the 10 50 something Park Drive.
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Well,
i guess I guess my... um ‸ But
you know where he lives because you were there dropping off toys, too. I
don't
know.
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What we're doing right now is not helping anybody. Well, having people elected
the office that
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But if we're going to go down this route,
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the right way. i That's why I asked the city attorney. What is the process okay
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do. Let's, um um um
‸ Could you go on with
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So ‸ when the clerk turns, when when we turn in our information to the clerk, we give them our address, right? They take that. Do we have to turn in anything with it? I don't
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think we do. They pretty much just accept our address for what it is.
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right? So when we do that, it's done. Am I correct? Is that
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what it is on our driver license. So his address that he has is on his driver license. So you're saying that he's lying on his address, on his driver license, and the firefighter who he works for for
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have a different address than what's on his driver's license. But
you're saying, but you said, I think.
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‸ Let's move on because
we don't know, I don't know where anybody sleeps at at night and where their address are. I don't care. I know what's in the books. That's all that matters. Unless we're sitting there watching them 24 7 we don't know this. Okay. So uh let's, let's just move on. And uh
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please now. um
Okay. uh Several of you went with me on that when we did our workshop in District
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to talk about the YMCA closing, the planetarium shutdown, etc, etc. And what seems to be like this
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spiraling downward ‸ that um I'm just trying to get help on. So next week I'll, I'll meet with
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um I'm just, just to let my constituents know I'm going to continue to shout it from the highest rooftop to look for an opportunity to bring back some life to that area, to an area that I think is just really has a lot of assets, a lot of valuable assets. And could be a real treasure for
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in that it is an educational district. Thank you.
Thank you, ma'am.
Appreciate it. Councilman
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Yes, ‸ just one quick thing. uh rica my, I get my water bill, which is automatic. And we're talking about water. My reading was the same as last month. Is there a possibility that the meter reader is not working right or something? Because my bill is only like
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‸ It says I didn't use any water last month. And I took a shower every day. I mean, you know, unless I'm tapped into the neighbors You know, unless I'm tapped into the neighbors faucet ‸ Unless I'm gonna ‸ get whacked with a
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it was
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get back with you.
Okay, thank you. That's all I
have, Mr. Mayor. Thank you, sir. um uh
deputy
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uh
I have a few things. um um The first thing I called um Mr. Bunt um about a few areas that we have in our entry points coming into our city, which is like five, to the main issue I have today is
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which is was was
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I think they're turning into some kind of office complex. um So he he confirmed that they're going to start, uh I guess, doing more cases on that particular property. um But i I just have an issue with that area because when people come to our city, we
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the case may be that confirms that it's just factual that we allow um commercial property owners to just do whatever they want to do. um And that's what I see. And
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So he did confirm that they're going to start a case again on that. um And so not only
that,
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you have of the old green cleaners, which is on
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and put keep out in red paint on the front. I felt like I was in the third world country or something. I don't know. um
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on homeowners, we needed the same thing to commercial property owners. It's the same process. um And it's just protecting our own city um from, from that, that continuous stigma. uh We come from
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We, it, it gets, it's beautiful. Then all of a sudden you hit Rosa Jones, it's trash again. um So, um like I said, I talked to Mr.
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already about it. So he's going to start working on that and I appreciate him for that. you just need to, you know, kind of stay up on that. So, um I want to also bring up, um I spoke with, miss Angela Essing from economic development today. ‸ And she has some really, really hurt. And also Nancy and Charlene has some great ideas of ‸ involving, um coming up with more programs for businesses in the city of
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which is mainly the new businesses are coming in. I got a call from a guy. He wants to open up a restaurant. uh The first thing he asked me
was
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what do y'all have to offer businesses? And we have absolutely nothing. um So I would like for us to entertain and allow economic development to bring forward this program um so that we can offer. uh We we we encourage people to come, but when they step in the door to come, we have nothing to give them. um So it's, is you know, I don't know if it
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but I know that we have the
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that has some good ideas and I think we need to entertain it. A few things was some maybe taking away some of the fees they they have from the beginning, like um maybe they deposits on water or I don't know. I'm just, you know, occupational license fees, uh tax receipt fees, um the
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You know, just small things that we possibly can do um to help small businesses because it just it's discouraging for me to talk to this man about a dream that he has and
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So uh that's just my wishes.
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have a program
if
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they're building new as far as working with them. I think we do have a program,
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make a building and all that,
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we work on the storage work up and all that?
The city does have a couple of uh approved economic development uh plans or offerings for certain types of industries and businesses. right uh I believe what the deputy mayor is referring to are outside of those existing programs. And so looking at a little bit more of a smaller scale type program uh for those other businesses. And uh so we can, I'll get with staff and we can follow up with uh some of their planning efforts. Okay.
uh I i i know i I really believe this, the conversation I had with miss Angela that,
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um So I think we need to uh take advantage of the minds that we have in that department to, uh
um
you know allow us to bring something forward to council. uh You know, so um the the third thing I wasn't gonna ‸ bring up today, but I guess we're already here now, um is is council dealing with social media. I think that um we we sit here on on the dais and we appear to be as one group,
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um that they can either talk negative towards the council itself or, um because i did me personally, when anyone anyone says anything about the City of
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:04:39–03:04:39 · unresolved: the words are not shown (unclear audio); listen to the recording
and staff or water department or anybody, I defend the City of
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no matter what. Now, if they're right, I may call that person directly ‸ have a conversation, ‸ but in front of them, I never bash or agree with them about anyone on staff or definitely anybody I'm sitting with on this
diet
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um So
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I do a lot of deleting. Sometimes I type some things that's on my mind ‸ I gotta hit that delete button and to go back because I don't want nobody to perceive what I'm saying
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I know we had this same conversation maybe last year sometime. um Just be cautious and be concerned about the people that you sit with on the dais and or staff when it comes down to decisions that we make that you may not agree with. um And we have that argument a lot of times, you like what we did today. um But when we leave here, we still have that respect for one another that we don't just, you know, take the opportunity just to drag somebody on social media. So I would appreciate it. I respect all of you on the dais and I respect and i appreciate you treat everybody the same way when we leave here. so that's it Thank you. Is that
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for you guys that uh
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in
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and I appreciate what you guys did because that really made her day. She had spent um probably about 10 weeks in, I guess it was
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where she was um there. And uh she impressed her her leadership team so much while she was there, they actually extended her stay there but with her approval. But for her to go in a hot zone like that, I mean, it's just
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as well as
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police officers as well. and now um if we can, I'd like to send them a letter um to the
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her know that how much we appreciate the support we got from them. Something that we all can sign as a council and support of that. So um also, uh Provost Park and
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um I guess we can get the message out about the the the mass, but um
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we might need to look at possibly shutting those
parks
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down again. I would hate to do that. uh But it's uh the numbers are increasing and it's uh it's getting a little bit out of hand out of hand. And that's um both those parks. uh We have some of the uh uh one of the churches from Sharps that's um actually bringing food um and and um to Provost Park. And of course, it's increasing the numbers there and there's no mass there. So you might see
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And like the Chief say, um you know, they're taking mass out there. It's hit or miss with the mass out there. So um ‸ if we can just uh maybe
have
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something that we need to look at and uh or maybe consider um at our next council meeting. And also, I want to thank um um Brian Public Works guys and all the folks at uh Pine Needle Road. uh Finally, I don't know how many years it's been. It's probably been about 30 years, uh
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I don't remember the last time that road was done. But I tell you, it was um it was a good feeling and a sad feeling to see folks sitting out there watching a road get resurfaced or actually get torn up and rebuilt. um
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and driven it. I've driven that road every day. And uh and it's amazing the condition of that road. and uh And for when people in my community have to sit out there and look at something that should be should happen on a within a timely basis or on a cycle, you know, it's just uh it's sad for me to see. Because uh that shouldn't be the excitement of the community. Seeing a road down um repaired and
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and uh but then it's But at the same time, we're still we're very grateful for what's been done there. uh ‸ looks really good and I know the finished project's gonna products are gonna ‸ be even better. So uh thank you for that. uh With reference to the promenade and the T-docs, um great job. So grateful for
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which offsets
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the cost of that. Also,
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Maybe some signage that stayed in that, you know, not to sit on the the knee wall. ‸ Because regardless,
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still But um I did see a couple of folks, that young folks that got on there and sat on there. so
yeah,
so that and then also um just to answer um um Councilwoman Warner's um um question in her statement. I don't know where any of these council members,
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And I really don't care. It's none of my business. um There's been an individual that lost a race in 2018 that have gone after me. And I don't talk a whole lot about it. But you know what? I've moved forward and I'm going to continue to move forward regardless of what this individual does. This has gone to court. It's going to the elections commission. It's gone to the 18th circuit court. And they both made their determinations. And it's a done deal. But it's not going to stop me from doing what I do and what we do up here. We got a job to do. And if you want to concentrate on where individuals are living at, as far as
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Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 03:11:11–03:11:13 · unresolved: the words are not shown (unclear audio); listen to the recording
He turned his stuff in. If he said he lives in District
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‸ lives in District
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I'm not going to go there and stand outside his house to see if he's coming and going because I don't know his business. I don't know what's going on in his life. Just like folks up here don't know what's going on in my life. My dad died in June of last year and
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they're on in a fire here about two weeks ago. And they're staying in my house right now. So if you don't know what's going on, then
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instead of jumping to conclusion. And yes,
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multiple properties. I come and go. But that's my prerogative because I know what's going on in my life and what's happening. So I'm dealing with some stuff and I'm going to continue to deal with that
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And everything that I do for this city
is
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not about ‸ me. It's about moving our city forward and taking our city to the next level. But there's some that wants to play politics and play games. Well, they can do that. That's their prerogative. But I'm not going to play those games with them.
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I refuse to play those games with them.
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on social media. I know who I am. I know what I do. And I know what's going on in my life. And that's my business. So with that being said, that we can get some... uh we can Motion to adjourn. We got a motion to adjourn from uh
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Flag: the machine readings disagree here; numbers, amounts, negation or names differ between the machine readings · 03:12:35–03:12:36 · unresolved: the words are not shown (unclear audio); listen to the recording
Second from Deputy Mayor Goins. All in favor signify by saying aye. Aye. Aye.
Aye. Aye.
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