Built from draft minutes printed in an agenda packet — no AI-written textBriefing final
The City's record
What the City's record shows
Draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes. The City has not posted the approved minutes as a separate file.The approving motion, “to approve the Agenda for the regular meeting of January 12, 2016 as presented and the Minutes for the regular meeting of December 8, 2015 as written”, is in the City's minutes (1639_CC_Reg_Minutes_01_12_2016.pdf, pp. 1–2).
Built only from this meeting's draft minutes (1638_CC_Reg_Packet_01_12_2016.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Henry Parrish III, Mike Blake, Tyler Furbish
(Checked against the ballots and the printed roll lines.)
Listed absent: Don Boisvert, Brenda Warner
Also listed as present (staff and other roles): Anthony A. Garganese (City Attorney), John Titkanich Jr (City Manager), Matthew Fuhrer (Assistant City Manager), Carie E. Shealy (City Clerk), Jack Walsh (Utilities Director), Teri Butler (Finance Director), Michael Cantaloupe (Chief of Police), Gene Prince (Fire Chief), Gina Maxwell (Acting Administrative Services Director), Steve Belden (Community Services Director), Tony Jones (Fleet Manager)
Named on at least one ballot later in the meeting: Henry Parrish III, Mike Blake, Tyler Furbish (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (15)
to approve the Agenda as amended for the Regular meeting of December 8, 2015, with the additions of Item V.8 (a & b) and Item V.14, and to approve the Minutes for the Regular meetings of October 27, 2015 and November 10, 2015 as written (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
to approve the Consent Agenda (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
1. Approve the appointment of Mr. William (Billy) Meyers IV as a Regular member of the Planning and Zoning Board through November, 2017. (15 — to appoint Mr. William “Billy” Meyers IV as a Regular member of the Planning and Zoning Board through November, 2017 (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
2. Approve the Reappointment of Mr. Jake Williams, Jr. as a Regular member o f the Planning and Zoning Board through November, 2018. (15 -56 — to reappoint Mr. Ja ke Williams, Jr., as a Regular member of the Planning & Zoning Board through November, 2018 (moved by Tyler Furbish, seconded by Mike Blake); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
3. Approve the Reappointment of Ms. Marian Jackson as a Regular member of the City of Cocoa Housing Authority through December, 2019. (15 -5 — to reappoint Ms. Marian Jackson to the Cocoa Housing Authority through December, 2019 (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
4. City Council Liaison Appointments and Appointment of Space Coast League of Cities Voting Delegate and Alternate. (15-581) — to keep Council liaison appointments the same as they were in 2015, and Councilman Blake to remain Voting Delegate for the Space Coast League of Cities and Councilwoman Warner to remain the Alternate (moved by Tyler Furbish, seconded by Mike Blake); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
1. Approve a Resolution Amending the FY 2016 budget to cover the Continuation of Work for capital projects that were under budgeted in FY 20 — to approve the item (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
2. Approve the ranking for Traffic Engineering, Design and Evaluation Services, General Civil Engineering Services, Stormwater Engineering S — to approve the item (moved by Tyler Furbish, seconded by Mike Blake); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
3. Approve Task Order No. 2016-23 with Bussen-Mayer Engineering Group, Inc., to provide Services During Construction (SDC) for Structural Re — to approve the item (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
4. Approve a Continuation of Work under Bid #B -15-21-COC with C&D Construction, Inc. of Cocoa, Florida, for Emergency Repairs to the Elevat — to approve the item (moved by Tyler Furbish, seconded by Mike Blake); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
5. Approve a Municipal Services Agreement (Pilot Offender Re-Entry Program) with Celebration Tabernacle, Inc. for Grounds Maintenance in Cit — to approve the item (moved by Tyler Furbish, seconded by Mike Blake); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
6. Approval of a multi -year contract with The Bancorp Bank/dba/Mears Motor Leasing and a Budget Transfer in the amount of $15,120 from the — to approve the item (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
7. To award Bid No. B -15-23-COC, Claude H. Dyal Water Treatment Plant Surfac e Water Plant Clearwell Addition and Reject Pond Rehabilitatio — to approve the item (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
8. Approve Task Order No. 2016-71 to CH2M Hill Engineers, Inc. for Engineering Services During Construction (SDC) of the Claude H. Dyal Wate — to approve the item (moved by Mike Blake, seconded by Tyler Furbish); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
to adjourn the Regular meeting of December 8, 2015 (moved by Tyler Furbish, seconded by Mike Blake); CARRIED 3-0; ayes: Henry Parrish III, Mike Blake, Tyler Furbish; nays: none — the draft minutes
Motions for which no result was read from the minutes' text (1)
to approve the Agenda for the Regular meeting of December 8, 2015, and the Minutes for the Regular meetings of October 27, 2015 and November 10, 2015 as written (moved by Mike Blake, seconded by Tyler Furbish); no result was read for this motion from the minutes' text — the draft minutes
Money named in the minutes' motions (what each motion did with the amount, in its own words)
$20,000 — Council: Consent agenda item 11, approved with the Consent agenda — authorized up to (a spending limit, not an amount spent). “Approve Participation in a Cooperative Purchase Agreement with Insituform Technologies, LLC for Cured in Place (CIPP) Pipe Rehabilitation Se rvices utilizing City of Daytona Beach contract no. 0113 -1010 effective July 8, 2015 through July 7, 2016, Project WS0904 ; to approve a Resolution authorizing the City Manager to approve change orders in an amount not to exceed $20,000 for a total project amount of $325,756.87” (motion result: CARRIED; the draft minutes printed for approval in the 2016-01-12 agenda packet (1638_CC_Reg_Packet; fiscal period not recorded) (draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes)
$325,756.87 — Council: Consent agenda item 11, approved with the Consent agenda. “Approve Participation in a Cooperative Purchase Agreement with Insituform Technologies, LLC for Cured in Place (CIPP) Pipe Rehabilitation Se rvices utilizing City of Daytona Beach contract no. 0113 -1010 effective July 8, 2015 through July 7, 2016, Project WS0904 ; to approve a Resolution authorizing the City Manager to approve change orders in an amount not to exceed $20,000 for a total project amount of $325,756.87” (motion result: CARRIED; the draft minutes printed for approval in the 2016-01-12 agenda packet (1638_CC_Reg_Packet; fiscal period not recorded) (draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes)
$59,985 — Council: Consent agenda item 12, approved with the Consent agenda. “To approve a Resolution authorizing the City Manager to approve and execute change orders in an amount n ot to exceed $59,985 which is 10% contingency.” (motion result: CARRIED; the draft minutes printed for approval in the 2016-01-12 agenda packet (1638_CC_Reg_Packet; fiscal period not recorded) (draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes)
$68,476 — Council: listed on an agenda item that an adopted motion approved as presented — authorized up to (a spending limit, not an amount spent). “Approve a Continuation of Work under Bid #B -15-21-COC with C&D Construction, Inc. of Cocoa, Florida, for Emergency Repairs to the Elevated Tank; to approve a Resolution amending the FY2016 budget; to approve a Resolution authorizing the City Manager to approve and execute change orders in an amount not to exceed $68,476 which is 10% contingency.” (motion result: CARRIED; the draft minutes printed for approval in the 2016-01-12 agenda packet (1638_CC_Reg_Packet; fiscal period not recorded) (draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes)
$15,120 — Council: listed on an agenda item that an adopted motion approved as presented. “Approval of a multi -year contract with The Bancorp Bank/dba/Mears Motor Leasing and a Budget Transfer in the amount of $15,120 from the Capital Account into the Rental and Leases Account for the Purpose of leasing three new vehicles for the Police Department and authorize the City Manager to sign and execute the agreement.” (motion result: CARRIED; the draft minutes printed for approval in the 2016-01-12 agenda packet (1638_CC_Reg_Packet; fiscal period not recorded) (draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes)
Draft minutes, as printed in a later agenda packet
Draft minutes printed in the City's agenda packet of 2016-01-12; approved as written by the City Council on 2016-01-12 according to the City's minutes. The City has not posted the approved minutes as a separate file.
MINUTES
CITY OF COCOA
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 8, 2015
A Regular meeting of the Cocoa City Council was held on Tuesday, December 8, 2015,
in City Council Chambers, Cocoa City Hall, 65 Stone Street, Cocoa, Florida, as publicly
noticed.
I. OPENING MATTERS:
Mayor Parrish called the meeting to order at 6:01 p.m.
Councilman Blake provided the invocation and Mayor Parrish led the assembly in
the Pledge of Allegiance to the Flag of the United States of America.
The City Clerk took the roll:
PRESENT: Henry U. Parrish III Mayor
Michael C. Blake Councilman
Tyler Furbish Councilman
Anthony Garganese City Attorney
John Titkanich City Manager
Matt Fuhrer Assistant City Manager
Carie Shealy City Clerk
ABSENT: Don Boisvert Deputy Mayor
Brenda Warner Councilwoman
STAFF MEMBERS PRESENT:
Jack Walsh, Utilities Director; Teri Butler, Finance Director; Michael Cantaloupe,
Chief of Police; Gene Prince, Fire Chief; Gina Maxwell, Acting Administrative
Services Director; Steve Belden, Community Services Director; Tony Jones,
Fleet Manager; and Chris Perry, Desktop Support Tech
II. APPROVAL OF AGENDA AND MINUTES:
1. Agenda: Regular Meeting of December 8, 2015 (15-564)
Regular City Council Meeting 12-08-2015
Page 2
2. Minutes: (a)Regular Meeting of October 27, 2015 (15-562)
(b)Regular Meeting of November 10, 2015 (15-563)
* MOTION by Councilman Blake to approve the Agenda for the Regular
meeting of December 8, 2015, and the Minutes for the Regular meetings of
October 27, 2015 and November 10, 2015 as written.
The Motion was Seconded by Councilman Furbish, with the amendment of
adding Item V.8 (a & b) and Item V.14 to the agenda for the Regular meeting
of December 8, 2015.
The final motion was:
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the Agenda as amended for the Regular meeting of December 8,
2015, with the additions of Item V.8 (a & b) and Item V.14, and to approve
the Minutes for the Regular meetings of October 27, 2015 and November
10, 2015 as written.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
III. AWARDS AND PRESENTATIONS:
None.
IV. DELEGATIONS:
Joann Corby, 2462 Chapperal Drive, Melbourne, Florida , the spouse of former
employee Michael Corby spoke on an ordinance that was passed on June 27,
2000 which was written to provide a better death provision for the fire fighters of
Cocoa and their familie s. The death provision provided for a lifetime payment
for the beneficia ries of f ire fighters that were eligible but passed away prior to
retirement. She stated that she was the widow of Deputy Chief Mike Corby and
that death was not an option, it is mandatory; with no form of paperwork required,
no credited years of service or age requirement required. The o nly requirement
is that you have to be alive before if happens.
Regular City Council Meeting 12-08-2015
Page 3
She questioned if you had to be an active fire fighter in good standing who had
met all requirements of the pension plan to retire , what does the City do when
that occurs and do they honor it or do you activate the death provision that was
approved on June 27, 2000?
Cocoa’s Fire Pension Board did neither of those and she had spen t the last three
and half years in a battle and was present tonight to ask Council to help make
this right.
Ms. Corby advised she would answer any questions and had spent the last three
years studying and reading about pensions in Florida. She would also clarify
anything that they had heard or not heard.
Councilman Blake spoke about Ms. Corby’s concerns and turned to City
Manager Titkanich and City Attorney Garganese for answers to legal
ramifications. He asked if time had elapsed or if there had been a ruling on the
situation at hand.
City Manager Titkanich advised that benefits were filed with the pension board
and the pension board denied those benefits. Ms. Corby subsequently filed suit
that was heard in the Circuit Court; however, the pension board prevailed. She
then did mediation and appealed to the District Court of Appeals of which they
upheld the Circuit Court’s ruling. There is no further option than to go to the
Supreme Court.
In response, Ms. Corby pointed out that they ruled PCA, which meant they
agreed but would not go any further.
City Manager Titkanich noted that the pension board rules and the City cannot
control how the benefits were paid. He felt there was a difference of opinion, and
that Ms. Corby believes she is entitled to a higher benefit than she is receiving.
The City cannot intervene between Ms. Corby and the pension board. The City
has no standing.
City Attorney Garganese agreed and noted that summed up the situation.
Ms. Corby pointed out that the ordinance was passed by the City of Cocoa. The
ten year cap was removed from the death provision and it also took the 3%. It
removed the ten year cap for a lifetime benefit for eligible members. She was
not sure if it was the City’s intent but as a former Council member, the thought
Regular City Council Meeting 12-08-2015
Page 4
process could have been that they wanted to make it easier on the family . There
is no benefit when you lose someone.
Ms. Corby believed that the ordinance should have been a given but that was not
how the Fire Pension Board saw it . Council has the authority and the ability to
appoint pension board members. There were nine months spent going back
and forth between the state and pension board rulings. In short, Ms. Corby
believed that if Mike Corby had been fired or there had been a retirement party
for him instead of a funeral it would have been different. The death provision as
it was written , provides less of the survivors portion of a joint survivors annuity.
She stated she could not speak for the courts but they ruled the 2% to 3% and
capped it at ten years.
Ms. Corby was asking Council to approve the ordinance that was previously
approved. She did not understand why her nor her family would not receive that.
He was a role model employee and is not being honored and does not know
why.
Mayor Parrish clarified that this was presented to the appropriate parties. Ms.
Corby noted yes, to all of the attorney s and to the pension board (who had been
addressed numerous times).
Councilman Furbish questioned that if there was an ordinance how could they
have done what they did.
City Attorney Garganese advised that if council adopted the pension ordinance in
conjunction with the pension board provisions, once the ordinance was adopted it
was their responsibility to manage it correctly. They would apply it at the time
they made the ruling. Ms. Corby had the opportunity to present and did, and was
afforded the rights to the Appellate Court and District Court of Appeals. At this
juncture, it is not a purview of Council to have the pension board award pension
in her current position.
Ms. Corby noted that there were four levels of revenue that all pensions have in
the state of Florida; the employer, e mployee, insurance tax premiums, and
interest income for pensions. Without honoring the death provision, money has
been taken and it was stealing from the dead.
Ms. Corby stated that Cocoa represents the pension board.
Regular City Council Meeting 12-08-2015
Page 5
Councilman Blake advised that Council and staff could not render a decision at
this moment, but asked Ms. Corby to allow staff time to do their homework. He
stated that looking at the intent of the law, it was clearly denoted and they
needed to find out why it was not being honored.
Ms. Corby reiterated that she had been waiting for 3 ½ years.
Melissa Martin, 5404 Brilliance Circle, Cocoa, provided an handout1 and update
of the current status of the issue proposed at the November 10 th meeting. She
reminded Council that she spoke about the possibility of forming a committee
and was asking for an update.
In response, City Manager Titkanich pointed out that there was an ordinance that
addressed Ms. Martin’s proposal and it could be brought back to Council. Ms.
Martin noted that she had done research and that the ordinance in the City’s
records w as not what she was looking for. She provided a sample of Anti -
Corruption Language 2 for Council to review along with Florida League of Cities
information. She requested a meeting with each of them to go over what she
was looking into. There are various cities doing a resolution in regards to this
and believes it was necessary for leaders of various governing bodies around
Florida to re-establish the confidence in their elected officials.
Mayor Parrish assured Ms. Martin that they would meet with her.
Chris Iorio, 109 Riverside Drive, a Cocoa resident, thanked Council and staff for
their response regarding the “No Parking Signs” on Riverside Dri ve. She
thanked Councilman Blake for spearheading the effort.
Robert Kenaston, 107 Riverside Drive, provided a handout 3 that showed parking
issues on Riverside Drive and thanked Council and staff for the signs. The
residents really appreciated it. T he packet he provided also contained a petition
with 150 signatures. The safety issue was addressed and he thanked Council
again.
Councilman Blake hoped that eventually the signs could be removed and
replaced with painted stripes on the curb . This w ould help so that the signs
1 EXHIBIT A: Ethical Behavior in Office: Know the Law, Trust Your Conscience
2 EXHIBIT B: Sample of Anti-Corruption Resolution Language
3 EXHIBIT C: Stop all Parking on Riverside Drive, Oak and Derby Streets Petition
Regular City Council Meeting 12-08-2015
Page 6
would not impede vision. He reiterated this would be down the road. Mayor
Parrish agreed.
Lawrence Sinclair, 1052 Mitchell St., Cocoa, advised that they needed t o get
moving on Broadmoor Acres. He discussed the legal issu es with the cameras
being installed and provided Council and staff with an update on that process.
He mentioned work being done in the neighborhood without permit s, pointing out
that was now the norm . Lastly, he advised that he needed to find out what to do
about the proposed agreement that was submitted.
Mayor Parrish advised that the City Manager was looking forward to working
something out, however, government works slower than citizens. At the end of
the day there were a lot of legal issues that go into all of this.
Mr. Sinclair felt that he and Chief Cantaloupe have different interpretations of
what was legal. Mayor Parrish assured him that the City Manager was working
with all of the right people regarding this issue.
Allan Chapman, 12 Stone St reet, Suite 5, representing HCVA, reported that the
craft fair went very well. He felt that there were a lot of no shows and
cancellations due to the weather, but all in all it was a good event. He spoke of
the “Sail to the Sun Waterway Galley” and thanked Council and staff for their
support. Lastly, he mentioned that the BBQ and Blues event had been
nominated by the Florida BBQ Association as a state championship event. He
wished all a Merry Christmas.
Brad Whitmore, 351 Rockledge Drive, representing HCVA, spoke about the
Waterway Guide’s “Sail to the Sun Waterway Galley”, noting it was a smashing
success. He stated there was a great welcome bag provided by the city, a
banner, and pointed out that the tumblers were used immediately. He showed
Council a pennant that was made and felt it would be great advertising for other
boaters. The only comments they received were to possibly clean up anchorage
areas and get rid of the derelicts. The y were hoping this could be an annual
event.
In response to a question about purchasing a pennant, Mr. Whitmore stated they
would look into the possibility of purchasing more.
Jeremy Phelps, 111 Peachtree Street, Cocoa, representing Cocoa Village
Playhouse, stated that Stacie sent her best to all. He spoke about all of the
Regular City Council Meeting 12-08-2015
Page 7
upcoming shows and mentioned that they added a performance of “Chitty Chitty
Bang Bang” on Friday, December 11 th at 7:30 pm. He further spoke about
upcoming holiday shows, inc luding the Galmont Ballet’s “The Nutcracker”. He
reminded all that gift certificates were available, wished all a Merry Christmas
and Happy Holidays, and thanked all for an awesome 2015.
V. CONSENT AGENDA:
1. To approve participation in a Cooperative Purchase Agreement with Stewart’s
Electric Motor Works Incorporated of Orlando, Florida, to recondition High
Service Pump No. 3 utilizing the City of West Palm Beach Contract No. 12204
(ITB 12-13-103). (15-548). (Utilities Director)
2. To appr ove a Resolution waiving the Competitive Bidding Process for the
Purpose of making a sole source purchase of four (4) Duall NH -66 Forced Air
Exhaust Fans from Duall Air and Water Technologies, Owosso, Michigan, to
revitalize the Patented Hydrogen Sulfide R emoval Process at the Wewahootee
Water Treatment Facility. (15-551). (Utilities Director)
3. To approve Task Order 2016 -02 with Matchpoint, Inc. for Leak Detection and
Correlation Services for Quadrants 2 , 3 , and 4 of the City’s Potable Water
Distribution System, Project No. WS1201. (15-552). (Utilities Director)
4. To approve Task Order No. 15 with CDM Smith, Inc., Maitland, Florida, for the
Jerry Sell ers Water Reclamation Facility SCADA and Programmable Logical
Control Programming to support the Sellers Flow Improvement, Project No.
WS16SF. (15-553). (Utilities Director)
5. To approve Task Order No. 33 with CDM Smith, Inc., Maitland, Florida, for the
Jerry Sellers Water Reclamation Facility Bidding and Construction services for
the Sellers WRF MCC and C onduit Replacement Project WS1222. (15 -554).
(Utilities Director)
6. To approve Task Order No. 35 with CDM Smith, Inc., Maitland, Florida, for the
Jerry Sellers Water Reclamation Facility Resident Project Representative (RPR)
to oversee the Sellers WRF MC C and Conduit Replacement Project WS1222.
(15-558). (Utilities Director)
7. Approval to amend the FY 2016 budget for the Peachtree Street Project
(PW08PT); approve a Sole Source form for Myra Planning and Design; and
Regular City Council Meeting 12-08-2015
Page 8
approve a Change Order for DP Develo pment to correct the budget for the
project. (15-572). (Public Works Director)
8.(a) Approve Task Order 2016 -14 with Architects Design Group for final design,
permitting, and construction phase tasks for Fire Station #1 . Approve a
Resolution authorizing the City Manager to approve change orders in an amount
not to exceed 5% of the total cost of the purchase order. Approve a Resolution
amending the Fiscal Year 2016 budget to create a new project budget for the fire
stations. (15-573). (Public Works Director)
(b) Approve Task Order 2016 -15 with Architects Design Group for final design,
permitting, and construction phase tasks for Fire Station #3. Approve a
Resolution authorizing the City Manager to approve change orders in an amount
not to exceed 5% of the total cost of the purchase order. (15 -573). (Public Works
Director)
9. Approve Task Order 2016 -37 with CDM Smith, Inc., to assist Sewer Field
Operations (SFO) in Project Assessment Information Management Assistance,
Quality Cont rol Process Development, Long -Term Strategic Planning, and
SCADA Maintenance. (15-574). (Utilities Director)
10. Approve Participation in a Cooperative Purchase Agreement with Insituform
Technologies, LLC for Cured in Place (CIPP) Pipe Rehabilitation Se rvices
utilizing City of Daytona Beach contract no. 0113 -1010 effective July 8, 2015
through July 7, 2016, Project WS0904 ; to approve a Resolution authorizing the
City Manager to approve change orders in an amount not to exceed $20,000 for
a total project amount of $325,756.87. (15-575). (Utilities Director)
11. Approve a Resolution Waiving the Competitive Bidding Process for the purpose
of making a purchase of Utility Contracting Services from Certified General
Contractors, Inc. to relocate/replace 12” AC and smaller water mains within the
City of Cocoa Beach Minuteman Causeway Streetscape Project #WS1201. To
approve a Resolution authorizing the City Manager to approve and execute
change orders in an amount n ot to exceed $59,985 which is 10% contingency.
(15-588). (Utilities Director)
12. Authorize the City Manager to execute a Street Lighting Agreement between the
City of Cocoa and Florida Power and Light for the upgrade of street lighting as it
relates to the Peachtree Street Complete Streets Project (Project Number WO0 -
PT). (15-589). (Public Works Director)
13. Approve staff’s short list recommendation for RFQ #15 -24-COC, Engineering
Services for Design, Permitting, and Services during Construction fo r the Dyal
Chemical Conversion and Reliability Improvements. (15-595). (Utilities Director)
Regular City Council Meeting 12-08-2015
Page 9
14. Authorize the City Manager to execute Interlocal Agreements with local
government agencies to provide Commercial Driver ’s License (CDL) testing. (15 -
598). (Public Works Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the Consent Agenda.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
VI. PUBLIC HEARINGS:
None.
VII. COUNCIL BUSINESS:
1. Approve the appointment of Mr. William (Billy) Meyers IV as a Regular member
of the Planning and Zoning Board through November, 2017. (15 -565).
(Administrative Services Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
appoint Mr. William “Billy” Meyers IV as a Regular member of the Planning
and Zoning Board through November, 2017.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
2. Approve the Reappointment of Mr. Jake Williams, Jr. as a Regular member o f
the Planning and Zoning Board through November, 2018. (15 -566).
(Administrative Services Director)
* MOTION by Councilman Furbish; Seconded by Councilman Blake, to
reappoint Mr. Ja ke Williams, Jr., as a Regular member of the Planning &
Zoning Board through November, 2018.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
Regular City Council Meeting 12-08-2015
Page 10
3. Approve the Reappointment of Ms. Marian Jackson as a Regular member of the
City of Cocoa Housing Authority through December, 2019. (15 -568).
(Administrative Services Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
reappoint Ms. Marian Jackson to the Cocoa Housing Authority through
December, 2019.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
4. City Council Liaison Appointments and Appointment of Space Coast League of
Cities Voting Delegate and Alternate. (15-581). (Administrative Services Director)
* MOTION by Councilman Furbish; Seconded by Councilman Blake, to keep
Council liaison appointments the same as they were in 2015, and
Councilman Blake to remain Voting Delegate for the Space Coast League of
Cities and Councilwoman Warner to remain the Alternate.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
VIII. CITY BUSINESS:
1. Approve a Resolution Amending the FY 2016 budget to cover the Continuation of
Work for capital projects that were under budgeted in FY 2016. (15-555). (Utilities
Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
2. Approve the ranking for Traffic Engineering, Design and Evaluation Services,
General Civil Engineering Services, Stormwater Engineering Services, Surveying
Services; Geotechnical Services and Architectural Services; Authorize the City
Regular City Council Meeting 12-08-2015
Page 11
Manager to negotiate hourly rates and execute a Continuing Services Agreement
with selected Consultants in response to Request for Qualification s RFQ #Q-15-
14-COC (Traffic Engineering, Design and Evaluation Services) and RFQ #Q -16-
01-COC (Consulting Services for General Civil Engineering Services, Stormwater
Engineering Services, Surveying Services, Geotechnical Services and
Architectural Services). (15-584). (Public Works Director)
Councilman Furbish asked for a breakdown of those who ranked first in all of the
categories. They were as follows:
Traffic Engineering Design & Evaluation: Myra Planning & Design
Civil Engineering Services: Infrastructure Solution Services (ISS)
Stormwater Engineering Services: Quentin L. Hampton Associates, Inc.
(QLH)
* MOTION by Councilman Furbish; Seconded by Councilman Blake, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
3. Approve Task Order No. 2016-23 with Bussen-Mayer Engineering Group, Inc., to
provide Services During Construction (SDC) for Structural Repairs of the
Elevated Tank, Project No. WS1176; to approve a Resolution amending the
FY2016 budget. (15-585). (Utilities Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
4. Approve a Continuation of Work under Bid #B -15-21-COC with C&D
Construction, Inc. of Cocoa, Florida, for Emergency Repairs to the Elevated
Tank; to approve a Resolution amending the FY2016 budget; to approve a
Resolution authorizing the City Manager to approve and execute change orders
in an amount not to exceed $68,476 which is 10% contingency. (15 -586).
(Utilities Director)
Regular City Council Meeting 12-08-2015
Page 12
* MOTION by Councilman Furbish; Seconded by Councilman Blake, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
5. Approve a Municipal Services Agreement (Pilot Offender Re-Entry Program) with
Celebration Tabernacle, Inc. for Grounds Maintenance in City maintained R ight-
of-Way and authorize the City Manager to sign the Agreement and other
necessary documents. (15-596). (City Manager)
* MOTION by Councilman Furbish; Seconded by Councilman Blake, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
MUTLI-YEAR CONTRACTS:
6. Approval of a multi -year contract with The Bancorp Bank/dba/Mears Motor
Leasing and a Budget Transfer in the amount of $15,120 from the Capital
Account into the Rental and Leases Account for the Purpose of leasing three
new vehicles for the Police Department and authorize the City Manager to sign
and execute the agreement. (15-556). (Chief of Police)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
7. To award Bid No. B -15-23-COC, Claude H. Dyal Water Treatment Plant Surfac e
Water Plant Clearwell Addition and Reject Pond Rehabilitation Improvements,
Project No. WS1402, to Petticoat -Schmitt Civil Contractors, Inc., Jacksonville,
Florida, for construction of the Surface Water Plant Clearwell Addition and Reject
Pond Rehabilitation; to approve a Multi -Year contract from FY 2016 through FY
2018; to approve a Resolution amending the Fiscal Year 2016 budget; to
Regular City Council Meeting 12-08-2015
Page 13
approve a Resolution authorizing the City Manager to approve change orders in
an amount not to exceed $856,900 (10% contingency); and to authorize the City
Manager to execute the contract. (15-571). (Utilities Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
8. Approve Task Order No. 2016-71 to CH2M Hill Engineers, Inc. for Engineering
Services During Construction (SDC) of the Claude H. Dyal Water Treatment
Plant Surface Water Plant Clearwell Add ition and Reject Pond Rehabilitation
Improvements, Project No. WS1402; to approve as a Multi -Year contract from
FY2016 through FY2018. (15-576). (Utilities Director)
* MOTION by Councilman Blake; Seconded by Councilman Furbish, to
approve the item.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
IX. INFORMATIONAL AGENDA:
1. Cumulative Purchase Approvals over $25,000 and under $50,000 for the period of
10/01/2015 to 10/31/2015. (15-546). (Finance Director)
2. Approved change orders to construction contracts that the City Council has
authorized the City Manager, by Resolution, to approve in excess of the City
Manager’s spending authority. (15-559). (Finance Director)
3. FY 2015 Budget Adjustment Report. (15-560). (Finance Director)
4. Data showing the relation between the estimated and actual income and expenses
to date. (15-561)
5. Fire Department Monthly report. (15-569). (Fire Chief)
Regular City Council Meeting 12-08-2015
Page 14
6. Employee Health Center Usage report provided by Care ATC. (15 -577).
(Administrative Services Director)
7. Cocoa Police Department district events for Council information. (15 -582). (Chief
of Police)
8. New Local Business Tax Receipts. (15-583). (Community Services Director)
X. REPORTS:
Mr. Walsh reported that he was aware that work had seemed to have slowed
down on the tank, however, items had to be ordered that required more prep
time. He was hoping it would be done in the next six weeks or so. It was tough
because if the wind picked up, workers had to come down from the tank and
work is delayed unintentionally.
Chief Cantaloupe noted that the police department would be moving forward to
update their firearms within the next few weeks. He advised he could answer
any questions of Council.
City Manager Titkanich mentioned that it would be a straight trade which included
guns, holsters, and they were all brand new. In response to a question posed by
Council, City Manager Titkanich advised they were all 9 mm.
City Manager Titkani ch reminded Council that the Charter Review Commission
with the County would be meeting and he would keep Council apprised.
Furthermore, there would be a public workshop at 1 pm this Thursday regarding
the fuel tax and local option gas tax.
He also n oted that the public employees union (LIUNA) selected a special
magistrate and declared impasse.
City Manager Titkanich spoke about the Housing Authority, noting that they had
contacted the City about joining the FRS. Meetings had been held with staff,
Housing Authority staff, and the Department of Human Services. He mentioned
that staff thought th at the issue would be discussed at the Housing Authority’s
board meeting, prior to this meeting, however, it was not. He assured Council
that they have correspondence from the state and would work with the pension
attorney, and the issue would be worked on.
Regular City Council Meeting 12-08-2015
Page 15
He wished all a happy holiday and Merry Christmas. He expressed his pride for
City staff noting they raised $15,000 for the United Way, nearly doubling last
year’s annual pledge amount.
Councilman Furbish spoke about the swearing in ceremony befor e the meeting
tonight pointing out that they swore in the new Deputy Fire Chief and a District
Fire Chief and said goodbye to two that were retiring.
He asked that people not think that would happened in San Bernardino could not
happen here. He stressed that if anyone felt that something or someone was not
right to please do not hesitate to call the police. He is very worried that
something could happen.
Lastly, he reminded all to buy local and wished all a Merry Christmas and a
happy New Year.
Councilman Blake advised of the holiday parade on Saturday, December 12,
followed by the lighting of the tree at Riverfront Park. He further reminded all of
the Holiday in the Park, which is held at Provost Park from 11-2 pm on December
12th.
He spo ke of his attendance at the Sip and Stroll event, stating he had a
wonderful time and met many good people. It was a good time.
In closing, he reminded all to buy local, keep it local, and spend local. He wished
all a Merry Christmas.
Mayor Parris h mentioned that he went to collect the jersey for the BBQ Bowl,
noting Cocoa won against Rockledge. This has happened ten years st raight and
asked if the Mayor of Rockledge’s wife would wear the jersey.
He closed with reminding all that Cocoa’s water tower is number one in the
nation and of the parade this Saturday evening.
Mayor Parrish wished all a Merry Christmas and asked that all keep flying their
flags.
Regular City Council Meeting 12-08-2015
Page 16
XI. ADJOURNMENT.
* MOTION by Councilman Furbish; Seconded by Councilman Blake, to
adjourn the Regular meeting of December 8, 2015.
AYES: Parrish, Blake, Furbish
THE MOTION CARRIED UNANIMOUSLY (3-0)
The meeting adjourned at 7:13 p.m.
__________________________
Henry U. Parrish III, Mayor
ATTEST:
____________________________
Carie Shealy, City Clerk
Agenda (the City's wording)
No agenda for this meeting was found in the City records this site holds. That does not mean the City published none.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. “▶ Play” opens the recording at that moment, on YouTube; on this page it moves the player above the transcript.
256 suspect passage(s) marked in place; 2 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 18 voices separated from the audio.
16 short machine repair(s) (20 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs, whether a voice was detected where the words are and a language review for likely mishearings.
A second, independent machine reading was compared with it word by word: the same words for 91.3% of 10,794 content words.
Dotted words (327 places) are ordinary wording differences: hover or tap to see the other reading.
256 passages (22% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Voice detected, no words recognized (2 stretches). Something may have been said here that the transcript does not have:
00:03:14 (6 s) — neither reading has words
01:06:00 (10 s) — neither reading has words
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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sir. Would everyone stand, please, sir? Ladies and gentlemen, please secure your cell phones. Dear Heavenly Father, once again, we ask you for your blessings from heaven. Once again, we thank you for each and every member standing there and securing our building. We thank you for the protection of the military men and women that serve our great nation. We just celebrated Pearl Harbor's 74th anniversary, sir. So we ask you, dear Heavenly Father, to continue to bless us all. We say in your sweet son name, Jesus. And everyone said amen.
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I'd like to make a motion to approve the regular meeting held December the 8th, also the minutes of October 27th, 2015. Let me say 2015 for the record. November the 10th, 2015.
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Joanne Corby, [address], Melbourne, Florida. I'm here this evening to speak to you about Ordinance 8. It was passed June 27, 2000. The ‸ ordinance was written to provide a better death
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and for their ‸ families. The death provision provided for a lifetime payment for the beneficiaries of firefighters that were eligible to retire but passed away prior to retirement. ‸ I am the widow of Deputy Chief Mike Corby. You know,
It's... There's no form or paperwork required. There's no credited years of service required. And there's no age requirement. I'm going to try to get through this without losing it, so bear with me.
The only requirement that's involved is that you have to be alive moments before it happens. What do you do in a situation when you have an active firefighter who's in good standings,
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retire. What do you do when that situation occurs? Do you honor ‸ his retirement and his pension, or do you activate the death provision that was approved on June 27, 2000?
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concerned about this situation, the concerns of ‸ Mrs. Corby. ‸ And I would just like to know what's the legal ramifications. I'm sure the Pension Board rendered their decision as well.
And my question that I would like to present to the both of the gentlemen and the Pension Board is, ‸ has time elapsed or has there been a rendering and ruling on her particular situation at hand? And what's the outcome? So that's my request, Mr. Mayor and cohorts. Okay. John, you got anything?
I understand Mrs. Corby filed for benefits with the Pension Board. The Pension Board denied those benefits. Mrs. Corby subsequently, and please correct me if I'm wrong, ma'am. I mean, ‸ I've read all your information and I've done some research. But she subsequently filed suit, you know, and it was
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against you. ‸ The Pension Board prevailed. She subsequently ‸ filed for, ‸ I think you did mediation then, and you appealed the original circuit court healing because ‸ the mediation didn't go well, or to your satisfaction. And then you appealed it to the District Court of Appeals, and they upheld the circuit court's ruling.
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measure of pension reform. We have to negotiate that. It's collectively bargained. So you have no direct, you know, you can't even control ‸ how they dole out the benefits or anything. ‸ It's we come to agreement, you know, the ordinance is adopted like we did, and then they're responsible for enforcing the ordinance or at least carrying through on the payments. There is, ‸ I guess,
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I mean, that's real. There is a loss. Unfortunately, I don't know what to do. I mean, we consulted together. We just have no, we can't intervene. I mean, ‸ the issues between Mrs. Corby and the pension board and the city has no standing.
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And here is a copy of that ordinance. And you can look at the pension. And it clearly has the 10-year cap removed. ‸ The 10-year cap is removed from your death provision. The other issue with the death provision is it takes the 3% multiplier that is outlined in the pension plan and it reduces it to the statutory requirement of 2%. So you have two issues. You have the multiplier and then you have the duration. Your ordinance removed that 10-year cap for lifetime benefit for eligible members. I don't know if this was your intent, but I'm going to fairly assume that as a former council member myself,
that we want to take away any additional burden that might occur and provide this death benefit. Actually, it's not a benefit. It's a payment because, to be quite honest with you, when you lose a loved one, there is no benefit, period. Putting that aside, your ordinance should have been provided immediately. That's what it says. It says it black and white. Here's a copy. I can give it to you. That was never, ever done by Coco's Fire Pension Board. The authority that the council has is you have the authority and ability to ‸ appoint the pension board members. That's what you can do. You can appoint them.
When this provision was not provided, I spent nine months going back and forth between the state, between the pension board, before hiring an attorney. And we went to court. And the court ruled that the 2% should be 3%. That was the ruling that they gave. But they
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what the appeal court agreed with. In short, had Michael been fired or we threw a retirement party for him instead of a funeral, the death provision, ‸ as it's written, provides less of the survivor's portion of a joint survivor annuity. I can't speak to the reasoning of ‸ the courts, but they ruled it the 2% to 3%, and they capped it at 10 years. Well, simple math can
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This ordinance, all of the attorneys have that have been involved with this case. The pension board has. I've addressed the pension board countless numbers of times. And for some ungodly reason, people are not looking at the plain language, not only in the ordinance, but also in the actuary report where it clearly lists Michael. I gave you a copy of that. I can give you
but it outlines exactly what you receive if you pass away and you're eligible to retire. And it is a lifetime benefit. You all have a copy of that. Why will you not honor it?
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mean, the council adopts the pension ordinance in conjunction with pension board recommendations and collective bargaining, you know, provisions with the fire department. Once that ordinance is adopted, it's the pension board's responsibility to manage the pension appropriately and to apply the ordinance at the appropriate time under retirement or the unfortunate death of a firefighter. And they make the determination as to what the benefit is applying that ordinance. And, you know, I can't speak in this particular case because this is generally outside of the scope of, you know, ‸ the city's, you know,
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Corby had the opportunity to present all of this, and she did, to the board. The board applied the ordinance. She apparently was afforded her, you know, appellate rights to circuit court and the fifth district court of appeal.
years ago. And, you know, at this juncture, it's not the purview of the council to, you know, to direct the pension board to, you know, award a pension based on her current position.
the state of Florida. You have the employer contribution, the employee contribution, which, by the way, just so everybody knows, that there is no option to be a member of the pension. pension.
and then the interest income for the pensions. Without honoring your death provision, you have now taken the monies that would have been allocated again like I said had Michael and I had a retirement party or he was fired that day that he passed. You are now taking those money and basically stealing from the dead. That's what you're doing.
to go back and reflect and let them do their homework, do their due diligence and see because I definitely will meet with my city manager and my city attorney ‸ and if not even members of the pension board, the chairman, president, whatever the case may be, whoever that chairperson may be,
how they decided that. Looking at the intent of the law, the spirit of the law, if it's clearly denoted in that ordinance, ma'am, it's hard not to honor it. I'm just trying to figure out why they
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have more time? I know they're gonna need more time. I think we're gonna need more time and I just want to do the right thing. That's all I know how to do. So.
Good evening, gentlemen. I just came up today to update the current status of the issue I proposed in our November 10th hearing regarding the standing working group or committee of some sort or something that you know to to get the ball rolling as advised by the city manager. And I just wanted to I know you guys are very busy and I understand that you know responses may take some time but I also just for the for the official record wanted to ask for an update from your position and perhaps enter a quick dialogue on what the issue is. So to refresh you do you need me to refresh anything or update on the emails I sent between then and out.
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we think there's an ordinance that already exists that covers in addition to where Council is adopted an ordinance way back in the, you know, a while ago regulating certain activities. So then we can bring that back and we can share it with Miss Martin and see if that meets you know what she was seeking.
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actually there's a bill that is sitting I think you know sitting it's currently I think it's tabled or whatever, you know, for it's a public corruption bill that the floor today sponsored. It's not dead still but it's it's
wanted to also, um, submit for the for the record the uh the sample anti-corruption resolution language uh for the council members to review and also uh the the three different uh Florida League of City articles that pertain to this issue that all call for the same general uh impetus um on this matter.
and I guess I'll just officially request uh the ability to meet with um each of you to further explain and go through what we're looking, you know, what would behoove the city uh both in functional basis in the law and also just the the opportunity the city has to be a leader on this issue in the region and in the state. Currently Tallahassee is the only other um city in Florida that has vocally um set up and created a resolution on the matter. And uh so various cities across the nation are are doing this. Uh the resolution again is the resolution not a code change. But uh it is something that I think would be necessary to uh for the leaders of the various governing bodies throughout the municipalities of Florida to say the same thing. Say more or less reestablish the trust and confidence of the people in their elected officials. So if there's any other questions I can answer at this time.
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Those uh those initiatives are are worthwhile long term as well and it will help the prosecutors do their job on the matter. Because right now there's just a blockage of many sorts throughout the system.
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I want to thank the council and the staff for their response to our request for the no parking signs on Riverside Drive. Thank you so much and I'm sure the cars,
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[00:30:03]▶ PlaySpeaker 1 (introduced as “Robert Keniston” — machine-transcribed, not verified)
Good evening. Um, my name is Robert Keniston, [address] And I've got a few things to hand out first.
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[00:30:45]▶ PlaySpeaker 1 (introduced as “Robert Keniston” — machine-transcribed, not verified)
All right. Good evening. I've been asked to address the parking issues on Riverside Drive and to thank those of you who have supported us in this effort.
[00:30:55]▶ PlaySpeaker 1 (introduced as “Robert Keniston” — machine-transcribed, not verified) · Unclear audio
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[00:31:01]▶ PlaySpeaker 1 (introduced as “Robert Keniston” — machine-transcribed, not verified)
that. And they're going from Church Street on both sides of Riverside down to fairly close to the city limit. They're not at the city limit and that's something that city staff might want to look at. The packets that I handed you, those have the signatures of 150 individuals who have signed our ongoing petitions and are regular users of Riverside Drive in various manners. They also say thank you. This has been a safety issue since day one and through our grassroots efforts and your leadership, we have been able to safely address this.
[00:31:36]▶ PlaySpeaker 1 (introduced as “Robert Keniston” — machine-transcribed, not verified) · Unclear audio
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[00:31:40]▶ PlaySpeaker 1 (introduced as “Robert Keniston” — machine-transcribed, not verified)
efforts on this. Really appreciate it. Looking forward to having a lot less close calls out there on Riverside Drive. So pat yourselves on the back. Appreciate it. Thanks. Thank
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Eventually, to remove the signs and maybe put a paint, a strip on the curb, some maybe cocoa orange, so that the ‸ signs will not impede your vision. ‸ We do not want to take away the scenic view of the riverfront. ‸ You get what I'm saying? Maybe after, say,
months or to a year installation of the signs, paint that curb, eventually so that people will know, just like ‸ if you're in the state of California, whatever the case may be, they see that orange curb or that red stripe on the curb, they know no parking is permitted there. That's
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use of the cameras. I'm not sure how we're going to go about proceeding with this. But I can tell you that the residents that attended on October 29th are starting to wonder if we're actually going to move on this. I mean, I can put stuff up on my property. I can get people to put it up on theirs. But we need the city to actually follow through on this. We need the police department to figure out how they're going to be able to use the systems. I've contacted the Attorney General's office. I've spoken to the State Attorney's office.
needed. I know that you guys took a step to put strips over on Belafonte to monitor traffic and speed. I have no idea what your results show you, but I would be willing to bet you that you're going to be absolutely shocked at the speed levels recorded in there. As you know, I keep you all apprised via email, and I've had
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However, I will agree with Mr. Bell. I don't think for aesthetics of a community we really want to start installing 50 telephone poles in people's yards. Amen. But we do have to come up with
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solution that we can work with, whether it be on the property of the individual owner or whether it be in the right of way. Broadmoor Acres is a situation that if we don't address and we don't follow through, it's only going to get worse. One more. I met with Mr.
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and Chris Counselor this past week. Got a lady next door to me who has purchased a house that's already being inspected by Brevard Housing for Section 8.
the work that's been done on that house doesn't have a single permit. She's not even listed as the legal owner of the property. And the work done on it has been done without permits, without contractors. And this is not the exception. This is the norm. You've got five houses on North Georgia that are currently being renovated. You don't see a single permit on them. In looking through this community for owner versus renter,
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Imagine what these cameras would allow law enforcement to actually prosecute and arrest and clean up. So we really do need to decide who we're going to work with, how we're going to come about it. I submitted a proposed owner agreement for any suggestions that the city has as far as language, as far as legal liability and holding harmless. So I'm just waiting on you guys.
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could probably raise. But it's being legally researched and making sure because at the end of the day, we don't want to expose the city taxpayers to a lawsuit because we violate somebody's, you know, privacy rights or something to that effect. So, I mean, so we just, there, it's a lot of legal issues.
You know, ‸ like, let's say one of the banks down here has exterior cameras and the police use those for, you know, right? I mean, you can do the same thing residentially, right?
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of opinion as far as what Florida law requires. On my property, you will notice a sign that says the property is under 24-7 live and recorded audio and video surveillance because I do record both audio and video on my property. If you come on my property and break into it and you're talking to your homeboy on the phone saying, come in the window, I'm going to hear you do it, okay?
So, in that sense, I tell everybody, put the notice up anyway. The thing is, is none of my cameras on my own property take in any of my neighbor from the back or the side. I take nothing into my neighbor's yard or into their windows or anything like that. And I think that's where we're talking about the privacy issues. As far as the front of the properties, you have no right to privacy on a public street. And, you know, what happens in plain view on a public street, and I mean, you've got people walking down with their cell phones recording people sitting out on their yard.
Good evening, Mr. Mayor, members of council, staff. Alan Chapman, historic local village association, 12 stone street, suite five. I'm here to say thanks. We had an art and craft fair here in the village last weekend, and I don't know how you missed it if you did. But it went very well. We had an enormous, an unusual number of cancellations and no shows, many more than we usually ‸ have. And I'm hoping that the city will put in the right kind of word with the meteorology department, wherever, to let them
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Also this weekend, we welcomed the Sail to the Sun Intercoastal Waterway rally, sponsored by Waterway Guide. And I know that Brad is going to tell you a little bit more about that. But I did want to just take a minute and thank the city for its support in this effort.
And I want to thank you personally, Henry, for your presence at the reception on Saturday night. And Councilman Furbish, I want to thank you as well. Thank you very much for coming. We really appreciate the support. Last but not least, of interest, our Barbecue and Blues event, which occurs in June, as I'm sure you'll recall, has been nominated by the Florida Barbecue Association as the state championship event. There's one other location in the running, but we've got our fingers crossed, and we're hoping that we can
And I wanted to take just a moment, and I've worked with a lot of people here on a day-in and day-out basis, and I just want to wish you a Merry Christmas and a very Happy New Year.
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to the owner of Bobby's at Parkside. Following on Alan's comments, in a minute, but first, I find myself, this is the third time I've been coming down I-95 and just barely making it to a council meeting, so I'm here. So this is turning into a trend that I hope to modify someday and get here on a more regular basis.
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And understand, they've been underway for six weeks with a couple of dozen cities behind them, and we are probably, if not the favorite place, right at the top. So this small group of boats is being followed by literally thousands of people that wish that they were doing it, so we'll get a lot of great publicity. One of the things that we
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south. The final destination at the end of this is Miami. From there, boats will be going down into the Keys, into the Bahamas, and down to the Caribbean. And they will have these,
of coming out for Cocoa Village for a place to be to truly attract waterfront cruisers. The comments that we got, the basic things other than we love it, we had a great time. I always ask, What can we do to be better? I got the comment, Clean up your anchorage, get rid of the derelicts because we're afraid somebody will drag into us. We
one comment about there was somebody that sat on the dock that looked like an indigent person and watched us for four hours, and we had a little concern about what they were going to do once the sun went down. So that's just on the list of things we want to do. Everybody's excited about the facilities improvements that Henry talked about would be coming as part of the 2008 Master Waterfront Plan.
I was happy that they were as excited as they were. Probably be an annual event. Hope to see them some more. And it can only go, they're hoping to have a much larger fleet in the future.
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There are several different places you can go to read about it, but very nice compliments for our city and what they experienced while they're here. So that's very rewarding.
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speech, during ‸ that part of it, and I believe that will hold because I don't think anybody can top what we did. By any chance, is the commemorative available? ‸ Look for it in the city's trophy case. It's
Okay, in the clerk's office. It's a beautiful piece that an anonymous donor put together and generated these for the entire fleet. Completely surprised and beautiful and part of what knocked their socks off, but that's what happened. Gail's got it. I'll get it. Okay, that's all right. Well, we got to show them this anyway, but it went very well. Thank you for
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I use that every day going home, and it was definitely a place that was very dangerous, and I truly felt that somebody was going to get hurt there because of the situation. So in spite of the inconvenience to a few, the safety for the majority was the thing to do. So thank you very much. Yep, safety first. Happy holidays and
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Thanks for having me. ‸ Jeremy Phelps, 111 Peachtree, here for the historic Cocoa Village Playhouse. Once more, thanks for having us. Drama Mama Stacy sends ‸ her best wishes, and Merry Christmas to everybody. She is with our youth program, the Stars of Tomorrow, in rehearsal this evening. They have their holiday pageant coming up next week on Tuesday,
So we're really proud of those young folks, and they're going to have a great time presenting their holiday pageant next Tuesday evening. On the note of other sold out shows, this Saturday night, Hot Pink, the Motown concert, is also sold out. So not a bad problem for us to have where there's no seats available. We're really happy ‸ for those guys, a great local young talent playing some Motown music. So those who have tickets will have a great time, and everyone else will just have to hear about it. Okay, so we have one final performance. This is an additional show of Chitty Chitty Bang Bang that we added. We had some great sellout shows, and
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If you haven't seen Chitty Chitty Bang Bang, it's your last chance before we have to go ahead and put that one away to make room for all of our great holiday shows that we have coming up. We had the American Nutcracker that comes in. That's the Galmont Ballet, Friday, December 18th, Saturday, December 19th, and Sunday the 20th. ‸ Great seats still available for that. They've been working with us now for 10 years, and we're really happy to have them back every year. Then we close for the Christmas break. The office and box office will be closed until January 1st. But before that time, if you're looking for gift certificates, we do have gift certificates available. So that makes a wonderful little holiday shopping item you can check off there if you want to. Available online and in person. We come back January 2nd,
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And we are looking forward to starting to work on that here. We had a we have phenomenal turnout, great turnout for auditions. We really couldn't be happier with the people who came from all over Brevard County and even Orlando to be a part of that production, January 29th through February 14th. And so ‸ that's everything coming up here pretty soon. Again, gift certificates available and tickets,
From your historic Cocoa Village Playhouse to everyone out there, Merry Christmas, Happy Holidays, and Happy New Years. And we thank you for ‸ an awesome 2015, and we're looking for a bigger and better 2016. Thanks for having us.
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Here's for the citizens who are here. Whenever we're appointing someone to a board or reappointing someone to a board, a background check is run on ‸ those people so we make sure they don't have a criminal record. or
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And this one is ‸ for the city council liaison appointments for 2016 and for the appointment of the Space Coast League of Cities voting delegate and its alternate. And this year's list is attached for what everyone is currently doing to.
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Yes, sir. Item 8, number 1, to approve a resolution amending the FY 2016 budget to cover the continuation of work for capital projects that were under budgeted in fiscal year should be 2015. I'm ready to answer any of your questions.
Yes, item 8-2, requesting ‸ council to approve the ranking for traffic engineering design and evaluation services, general civil engineering services, stormwater engineering services, surveying services, geotechnical services, and architectural services. I authorize the city manager to negotiate hourly rates and execute a continuing service agreement with the selected consultants in response to request for qualifications RFQ 1514 COC, traffic engineering design and evaluation service, and RFQ 16-01 COC, consulting services for ‸ civil engineering, stormwater surveying, geotech, and architectural services.
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For surveying, southeastern surveying. Uh... For geotechnical, Artiman and Associates and universal engineering. And for architectural services, Architects RCK Incorporated.
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and leases account for the purpose of leasing three new vehicles for the police department and authorize the city manager to sign and execute the agreement.
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for construction of the surface water plant Clearwell addition and reject pond rehabilitation to approve a multi-year contract from FY 2016 through 2018 to approve a resolution amending the fiscal year 2016 budget to approve a resolution authorizing the city manager to approve change orders not to exceed
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Yes, sir. ‸ Item number eight under multi-year is approve a task order number 2016-71 to CH2M Hill Engineers for engineering services during construction for the Claude H Dial water treatment plant surface water plant Clearwell addition and reject pond rehabilitation improvements to Project WS-1402 to approve as a multi-year contract from 2016 through 2018.
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‸ There's some wells and some things ‸ that need to be done, and it's actually being pre-primed and painted at the shop. So when it comes, it'll be, other than
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There was an observation requirement for inspection of the weld, as well as some x-raying afterwards to make sure that the weld is good. We expect the results any day now, and probably this, possibly this week, or definitely next week, we should be installing and taking down some of those members. We think it's probably about another six weeks or so, depending on weather. They got there today. They did quite a bit of work, and then once the winds got a little too high, they have to come down off those lifts, and it kind of killed the afternoon.
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We're working on a deal right now with SIG, and it should take place ‸ hopefully within the next few weeks. We also may be coming back to Council for ‸ some additional items attached to that. Okay. If there's any questions, I'd be glad to answer them, or you guys can let me know anytime.
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magistrate for the, for LIUNA. We, they declared impasse and we have, ‸ they selected a special magistrate and we'll be scheduling meetings, hearings. And then the last thing, well, second last thing, is to, I just want to advise city council on a matter related to the housing
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system. The housing authority contacted FRS wanting to join FRS and was advised by the Department of Management Services. They are listed as a dependent special district of the city. The city subsequently received a letter from ‸ the Department of Management Services related to enrolling and scheduling elections for housing authority employees. City staff has been in consultation with both our city attorney and our pension attorney.
authority staff. They were to, the housing authority staff were, we believe, were scheduled to discuss the matter with their board today. And I understand I got a text from our deputy director of community services that the executive director said they did not. But at the crux of it, not only are the members of the housing authority, the employees, entitled
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their responsibility. The FRS says at the end of the day that the city may be responsible. We certainly have to take issue with that. There are a number of issues that must be resolved, including the possibilities of penalties and delinquent fees for failure to enroll their employees in 2009
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board, and we're working on an agreement and the scheduling of the elections for those members that choose to. And there's really probably, from a long-term exposure,
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is fairly new. But it's just something that we certainly, while we have the correspondence from the state, we'll work with our pension attorney, but I just want to keep you advised of that because it's ‸ actually a significant issue. I don't want you to we're working on it over the holidays and into January.
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to thank staff. And just, you know, ‸ it's Christmastime, holiday season, time of giving, and I'm proud to ‸ many of you may have been copied on the email today, but the city staff, the city as an organization, raised $15,000
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last year's, you know, annual pledged amount, which a lot of that goes back to our the citizens that we serve, so I'm very proud of all staff for their consideration and participation
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Yeah, earlier this evening, before we had the meeting, we ‸ had a little ceremony from the fire department, since the fire chief didn't mention it. I'll mention it.
guys who are getting ready to retire at the end of the month. We hate to see them go, but they've made their decision, and we brought on our new deputy fire
chiefs officially swore him in this evening. Very nice nicely done, and we're happy to have them all with us, and sorry to see the two retiring ones go. So, folks, please, please don't think that an incident like happened in San Bernardino, California can't happen here.
and keep your eyes open, and ‸ if you see something that doesn't look just right to you, say something. Call the police. Don't hesitate to call the police. That's what we pay them for.
And they're happy to do it. Okay? I mean, they're happy to do it. Believe me. It's what they live for. So, please, keep your eyes open. I'm personally I don't know anything, but I'm personally very worried that something could happen right here in our little town.
Councilman Blake. Thank you there, Mr. Mayor. Great job, Mr. Furbish. Councilman Furbish, sir. So eloquently stated there. Christmas parade. Beautiful downtown,
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have no earthly idea who that could be, but I'm sure we will have that face into place with the human race. So come one, come all. We're all God's children and creatures. So I look forward to us having a great time. I'll be there. Yes, sir.
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of my old classmates, some of my former students, and just met friendly people, man. Had a real, real good time. And sat down and broke bread, and we talked about a little of this and a little bit of that, but the most important thing, we all had a great time. So I'll compliment everyone that was involved with Sip and Stroll.
Okay, and last but not least, ‸ one of my favorite, because I won't get in trouble like I do with my students. One of my favorite council members concluded it well. Buy local, keep it local, spend local. God bless America. God bless ‸ everyone. Merry Christmas. I'm a southern gentleman. I'm not scared. I don't mind holidays, but I'm going
say Merry Christmas. Merry Christmas. Merry Christmas. Ho, ho, ho. I'm wrapping it up. Happy Kwanzaa. Happy Hanukkah. And just have a very, very real happy time. Go Tigers. Appreciate
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And also, I know, Mr. City Manager, I hate you over there with the Florida State thing. But anyway, God bless America. And I had some of the best lime pie of my life right there with that beautiful blonde-headed young lady over there from ‸ Monroe High School.
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and she agreed. ‸ She's graduated from Coco High. Also, we were talking, and this presentation right at the end, I mentioned how ‸ the water tower, and, you
nation. I saw a bunch of frowny faces over there in Rockledge, but ‸ it was a good little event. That was a few nights, three or four nights ago. And then also the parade's this Saturday, which will be really good, and the evening ‸ time. Correct.
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