City Commission - Regular Meeting

Please stand and face the flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

[clears throat] Let's pray. Dear heavenly father, we thank you for your grace, your mercy, and your love for this community. Father, we look to you for the the source of wisdom and direction. Lord, I I pray for our commissioners, our city attorney, our city manager. You fill them with wisdom and discernment and insight for this evening. I pray for our city uh residents, Lord, that they would uh have a voice to speak and that they be heard. Let all things be done decently in order for your glory. And we ask this in Jesus name. Amen. Amen.

Roll call. Commissioner Jackson here. Commissioner Hutcherson here. Commissioner Tolty here. Vice Mayor Williams. Mayor Capzy here. All right. I guess uh you all realized um Commissioner Williams isn't here. He's out at the Space Center working on the uh I believe the SLS um wet dress rehearsal. And um the mayor is out of town, but he's here by phone. You hear us, mayor? I sure do. Right. Awesome. All right. Uh approval of the agenda, please. [clears throat] Move to approve the agenda. Second. All those in favor?

I All right. Passes. Keith, do you hear that? Yes. I Sorry about that.

Thank you. Uh, special presentation. Um, ancient Order of Hiberian Proclamation. Um, I'm Irish, by the way. Don't know if you know that, but uh, Tumulty is Irish. it. I guess it was pronounced Mctolt at one point um while they were over there in Ireland. Anyhow, here here it is. Whereas by 1776 nearly 300,000 Irish nationals had immigrated to the American colonies and played a crucial role in America's war of independence. And whereas five signers of the Declaration of Independence were of Irish descent and three signers were Irishborn. And whereas Irishameans helped to fashion a system of government for our young nation. And whereas 22 presidents have proudly proclaimed their Irish American heritage. And whereas in n or 1792, Irishborn James Hoben provided the architectural plans for the White House and served as one of the supervising architects for the construction of the capital. Whereas Irishborn Commodore John Barry was recognized by the United States Congress in September of 2002 as the first flag officer of the United States Navy. And whereas in 1813, Captain Oliver Perry, an Irish American, achieved a major naval victory in the battle of Lake Erie. And whereas in 1942, the five Sullivan brothers made the ultimate sacrifice for democracy and freedom during the naval battle of Guadal Canal and later had the destroyer USS Sullivan commissioned in their memory. And whereas the Irish first came to Spanish La Florida in the 1500s, first as missionaries and mercenary soldiers and then as planners, traders, businessmen, doctors, and administrators. And whereas three of the Spanish governors of La Florida were

actually Irish military officers. And whereas Father Richard Arthur, an Irishborn priest from Limrich, who was appointed a parish priest for St. Augustine in 1597, an eclectic judge of La Florida, established the first public school in America and opened it to both boys and girls of all races. And whereas Andrew Jackson, whose family came from county atrium, served as Florida's military governor following its acquisition by the United States. And whereas Irish Americans since America's inception have provided and continue to provide leadership and service to this nation's political, business, and religious establishments. And whereas it is fitting and proper to celebrate the rich cultural cultural heritage and the many valuable contributions of Irish Americans. Therefore, I, Tim Tumulty, commissioner of the city of Cocoa Beach, Florida, do hereby proclaim March 2026 and Irish American Heritage Month in the city of Cocoa Beach. [applause] Wow. I believe that's the longest proclamation uh that we've ever had. Two pages worth.

I'm glad you read that one. Yeah, [laughter] I was told that's why you didn't show up today. You didn't want to read that one. any [laughter] excuse. Yeah, I know it. I know it. All right. Um I we're going to swear in the new chief. Yeah.

All right. Okay. Good evening, mayor, commission, city attorney, family, and friends. Okay. Good evening everyone and thank you for being here on this meaningful day for our police department and for our community. I want to acknowledge first Chief Kuwan's family and friends that are here in attendance as well as his mom Dixie Kuwan, his wife Jessica Cuan, and his father Chris and his stepmother Marilyn who are watching online. Uh serving as police chief has been one of the greatest honors of my career. I've had the privilege of working alongside these dedicated men and women who show up every day with courage, professionalism, and heart. to our officers, our civilian staff, our volunteers, and to this community. Thank you for your trust and support throughout my tenure. Today marks a new chapter, and I could not be more honored to pass the leadership of this department to someone who has earned it through his integrity, his hard work, and his unwavering commitment to this community. Chief Chris Cuan not only grew up in Cocoa Beach, but he's a natural-born leader who understands what it means to be a servant. He has the experience, the judgment, and the character to guide this police department moving forward. Chris, I've watched you lead with calm, steady confidence. You listen, you learn. You make decisions rooted in fairness and respect. You've earned the trust of your peers, as you can see, the respect of this community, as you can see, and the confidence of our city leadership, as you can see. You are exactly the kind of leader this department deserves. As we move into a new era of leadership here at the police department, we do so knowing the department is in very capable hands. I know you will continue to strengthen our relationship with the community, support them, the men and women who serve and uphold the values

that define the agency and the city. To the officers and staff, I ask that you stand with him as you always have, support him, challenge him, and continue to give this community your very best, as you always have. Chris, it is my honor to welcome you as the next chief of police at the city of Cocoa Beach Police Department. I have every confidence that you will lead with integrity, courage, and vision. This department and this community are very, very fortunate to have you as their chief. So, congratulations.

[applause] [applause] [applause]

Okay, we're almost done. Thank you everybody. Please, please, please sit down for one second. Okay, how ask Karen however you want to face. Yeah, it's good. Okay. So, at this time, I would like to invite Chris and his wife Jessica to come forward. It is important that they stand with him here at this moment as public service is never carried out alone. This commitment makes that he makes tonight is one that is shared by those who love and support him the most every day. Right. Okay. Chris, please raise your right hand. Hi, Chrisin. I Chris Kewin, having been appointed

Having been appointed to the rank of chief of police to the rank of chief of police, do solemnly swear do solemnly swear and affirm and affirm that I will support that I will support defend defend and obey and obey the Constitution the Constitution of the United States of the United States, the Constitution the Constitution of the State of Florida of the State of Florida and the rules and ordinances and the rules and ordinances of the city City of Cocoa Beach of the city of Cocoa Beach to the best of my ability. to the best of my ability. So help me God. So help me God. CONGRATULATIONS. [applause]

PLEASE. [applause] [applause] if you want to say a few words.

City manager. Uh thank you very much. Uh city leadership, I appreciate you taking the time uh to have this presentation and your vote of confidence in me. Uh the past 30 days have been a productive 30 days for me. Um, for those of you who were not here 30 days ago, um, I promise the community to lead with humility, um, with strength and, uh, to look out what's best for our our residents, our tourists, and, uh, the overall vision of the city. I'm a product of the city. Um, it's been very good to me. Uh, the people behind me are everything to me. My wife, I just want to thank. Uh being married uh to a law enforcement officer is a silent service. Uh one that many don't get to experience, but it's a lot. So, thank you. I would not be here without you. My mother, my dad, my stepmother um are are everything. There's uh members of the community, the Mills family mean everything to me. Um your mentorship, thank you very much. I've known you 20 years and it's uh it's kind of sad not seeing you around the uh police department. So, we do miss you and uh please come for lunch as much as possible. Um the men and women, this is my uh 10 minutes of fame, 5 minutes of fame, but the men and women that keep this city safe day in and day out are here. Their support staff lingered throughout the other directors. It's a team effort and this is one of the this is the best city to work at. That's why I'm still here after 20 years. It is an absolute honor. So, thank you for what you do day in and day out and I promise to lead you and have empathy and uh humility and thank you for this opportunity. THANKS. [applause]

[applause] THANKS. We'll take pictures afterward. Okay. All right. Um, yeah, afterward we'll take some pictures afterwards. That'd be great. If you want to hang out for the whole meeting, it might be a short one. Who knows? Uh public comment. I don't have any. Oh, come on in. Be a quick one. KP Thinker. I think it's Chris as I'm the one of you can actually pronounce your last name and it's not And in Germany, that stands for bravado. So lead with that. Bravery and bravado.

Nice. Oh, wow. Anyone else? All right. Um, staff reports. Okay. Staff reports. Good evening again. Uh, Friday, February 27th will be our next Movies in the Park, right? The movie is Trolls and that will play at 7:00 p.m. Uh, on the leisure services end, the pool liner installation is now complete. Can you guys hear me? Okay. Yeah.

Uh, we have started the refill process, which I think is completed, Fire Chief Grimes, and they got to get the chemicals right, but the process will continue over the next few days to ensure that it's all set right. And uh we have as a city ordered an extra day of uh street sweeping from our company due to all the dead foliage. We don't want it ended up in our sewers and eventually into the river. So we've done that one extra day for the residents as well. That's all I have. Okay. Awesome. Um I've noticed that waste management's been around with clam trucks a little bit more often than Yeah. they have in the past. I don't know if you've seen that or Yeah, I mean they're they're super responsive if you do call them. They'll come for extra.

We didn't call them. I just I think that just saw them out there. Maybe somebody is, I guess. Uh city attorney. Um nothing tonight. Thank you. Uh commissioners. Yeah, just a big shout out to uh the beach men's our boys beach soccer team playing over in Lakeland area tonight for semi-final for state. So go beach. I think the game's at 7, but we love the hometown teams we can support. So, I would have been there tailgating, but I think uh we wouldn't had a corner without them. So, go Beach.

I echo uh excited to have them uh hopefully bring home the win for the state semi-finals. Uh just really big achievement for them. So, kudos. Uh want to also thank uh the city and then employees for hosting the Freedom 7 uh first graders who came in and got a chance here in city hall to experience their their uh city government. And I believe they helped to uh pick the or voted on and did a mock election for the April movie, I believe. So, um it really fantastic. Uh hopefully some of them will make their way up here in a few years, but having folks from the city and residents be involved in city government and starting them young is really fantastic. So, city manager, thank you for having your team host that.

Yes. Um I guess I'll chime in. Go ahead, Keith. Yes. Uh, no, congratulations, Chris. Welld deserved. Um, very excited to have you in that role and and happy for you and your family. Um, that's that's all I have. Thank you. Thanks. Um, yeah, Chris, I I agree. I mean, grew up in Cocoa Beach. Um, that's awesome. Um, I don't know if you that was a dream of yours when you were in high school. Maybe not. I don't know if it was. kind of. Yeah. Okay. That's that's that's awesome. I

Yeah. And um looking forward to uh to working with you for um for next uh decade or so. Be great. Um I I also want to mention the uh the soccer team. Um they're not just in the you know semi-finals of state. They got there by beating Lake Highland Prep uh a week and a half ago, the 15th ranked team in the country. And I believe tonight, the team they're playing tonight, I think, is second ranked in the country. So, if they bring a home a win home tonight, um they play Saturday for the for the state championship, that'd be pretty awesome. We've got a a lot of good stuff going on at the high school, uh sports and academics, um um combined. So, looking forward to watching all that. Um, anything else?

Okay. Uh, consent agenda. Okay. This is the consent agenda. Item one, approve the February 5, 2026 commission meeting minutes. Staff representative, city clerk department. Recommendation approved. Item two, board appointment, fire pension, reappoint Michelle Flynn for a term to be completed April 2027. Fire pension reappoint AJ Anderson for a term to be completed May 2028. Police pension reappoint Tommy Blair for a term to be completed April 2027. Recommendation approved. Move to approve consent agend. All those in favor? I I

I um new business.

Okay. This is um item one. Approve ordinance 1709 on first reading and ordinance of the city of Koka Beach, Florida relating to municipal impact fees creating a new article 13 impact fees in chapter 2 administration of the code of ordinances of the city of Koka Beach establishing police, fire, and public facility impact fees based on the 2026 municipal impact fee study prepared by Raf Telis. Financial Consultants, Inc. Providing for findings, directing the provision of notice of impact fee rates, providing for conflicts, codification, severability, liberal construction, and an effective date. Staff representative David Dicki, Development Services, recommendation approve on first reading. I do want to mention that there is um a couple uh scrier errors. Um at one point it says 2025. It should say 2026 in one of the whereas clauses and in section 2-132 it um it says resolution instead of ordinances. Changes to the impact fee um ordinance have to be done by ordinance and not by resolution. Um and I believe that Raph Tillis, a representative is here.

I'll move to approve J1 with those corrections. Second. Excellent. Yeah, I would like to hear something about it. I mean, a lot of times we have items on um on the agenda and it's a lot of legal ease speak or legal speak and like to hear a kind of a summary and in real terms of what what's going on.

Good evening. Michelle Galvin with Rap Telus. So I have a brief presentation to go over the impact study, our findings, our major uh assumptions and conclusions and how these fees will compare to some nearby communities. So we were calculating impact fees for police, fire and general government. The city does not currently have these municipal impact fees. So we developed the cost methodology by looking at historical investments each of these departments as well as future planned investments um as it relates to growth specifically by implementing the impact fee. Can they get closer to your microphone?

Yes. Sorry. By implementing the impact fee, the city will minimize the cost burden from falling on existing users businesses um compared to being charged to new development so that they can typically pay their fair share. Um this study follows general statutory perimeters and accepted case law. So impact fees are onetime fees that are charged to new development to recover the cost providing additional uh capital and capacity for new development. They don't pay for uh the renewal and replacement of existing assets. They don't pay for the ongoing operating and maintenance of each department and they don't uh fund any corrections of level of service deficiencies. And so generally it follows the national uh rational nexus test. So you have to prove that there is a need for these impact fees that new development will receive a benefit from these impact fees and that the fees collected will be proportionate to the demands placed on services. So to develop the impact fees, we took the total capital cost which we calculated using existing investment and future investment allocated that between residential and non-residential using generally accepted functional population um assumptions as well as uh US census data and then we divide those c costs by uh functional population to get a fee per dwelling unit for residential and then a fee per unit like 1,000 square feet for non-residential. So we are recommending four non-residential land use classes. So we have a general, retail, commercial, um an office, institutional, a hotel, motel, and then an industrial warehouse. So for the police impact fees, we considered $1.3 million of an existing investment into the police department. Uh the majority of that is the recently completed uh police department complex for $9.1 million. And then we also considered the existing police fleet. And as this grows, they'll need to keep

uh the level of service, so the number of officers. So we did consider $245,000 of additional police vehicle cost associated with growth. So those costs were calculating an impact fee of $1,000 $1,080 for a single family home per unit. And for uh the highest fee category is that retail commercial at 1,653 per thousand square ft. So fire we considered an existing investment about $4.6 million uh with the fire station 51 an existing apparatus and from the capital improvement plan the city has identified the need to rebuild fire station 50 and uh purchase a new frontline fire engine. So those costs were included in the fee calculation. So the fees are applied in the same way as police. So you're seeing the $,34 single family impact fee and then um the four non-residential land use classes and the multif family fee. So for the neural government fees, we considered about $10.1 million of the existing investment. A large part of that is the recently done city hall, but we also consider the public works facility. So again, the fees are uh calculated on a similar basis. So you're getting a $946 fee for a new single family home. And so on a combined basis, a single family new development home would get an impact fee of $3,60 for police, fire, and general government. Um, and if you compare these fees to nearby communities, one thing is the city is just going to have these three impact fees. A majority of other cities have parks impact fee, library impact fee, uh, roads mobility impact fee. Even with these fees, you're going to be on the lower end compared to some communities. So, we recommend implementing the calculated fees which are based on the recent and localized data. Um, by

implementing the impact fees, it provide uh it keeps the city from uh putting cost burden onto existing residents for new development capacity. Uh, and if these fees are uh adopted, there will be a 90-day waiting period before they're effective. And that's all I have, but if you have any questions. Excellent. Thank you for that. It was very easy to follow the the basis. So, um, just so I'm clear, it would be an ownership change that triggered any current residents to incur these. Is that true statement?

It would be a development. So, if you sell a house, no impact fee will be paid. If you add an extension to your house, no impact fee will be paid. If a non-residential building for some reason gets turned into say a multifamily unit, the incremental charge of impact fees would then have to be paid. But it's only developments due. But if you do an like if a resident does an addition or knocks their house down or rebuilds their house, those would not incur. No. Uh since the fee is charged on a per dwelling unit basis, if it's still one dwelling unit, uh there would be no change. if it for some reason switched to a duplex, the incremental cost of two multifamilies versus the one single family would be paid. Okay.

Yeah. So the actual impact isn't too much in Cooka Beach. We don't have a lot of property that's, you know, [clears throat] under development or is going to be developed. It's already developed for the most part. I mean, we have some, but not like Vieiraa and some of the other cities that are growing. So, uh, but it's good that we have this obviously. Um, you know, thank you for the presentation and and clarifying it. Appreciate it. Can I uh ask some questions when when everybody's ready? Yeah, go ahead. Um, what is the difference between uh that proposed impact fee compared to what is our our our um current impact fee uh prices?

Uh so the city does not currently have police by our general government impact fees. So these are new impact fees. Do you currently have any impact fees at all? I mean, we must I believe you have water and wastewater impact fees. Just wastewater. Just wastewater impact fees on general fun. No. So, that'll be on top of our current impact fees. We're going to add these ones on top of the other ones.

Yes. So, uh I had asked this private my my concern is okay we have a few um undeveloped or previously torn down like for example the ste house or the the drift on 520 um the property on 9inth street um one one by the uh the church there um across from um at the end of surf drive uh what kind of impact I I asked uh if Doug if he could get me these numbers. What was the difference between the impact fees on the drift property compared to now versus what we're going to charge them in the future? My main concern is I do not want to um hinder uh improvement of vacant property by overcharging for impact fees. We're talking about a,000 uh over $3,000 more per per 1,000 or 1,000 square ft. When you're talking about a project like the drift with 221 units, you're talking about a huge impact and and possibly a barrier to entry for a larger development.

Yeah, that that's that's a very good question, mayor, and thank you and and thank you for giving me a heads up so I could do a little bit of research. It's always nice to have some time. Um but yes um what I did I went back and looked at um a couple of project. One was Drift. The other was the Stina project. Um Stina is the glass bank building that that that we've that we've been talking about for a while. Let's look at the STEA first. Stina is roughly for new construction on that is going to be about $25 million. Um if we look at applying these impact fees to the Stina project, it'll roughly be a little over $100,000. So when you look at $100,000 compared to the cost of construction of 25 million, you're talking about less than 1/ half of 1% will be the new cost for for the uh for a a tipple well for that project. Um also with homes now, as as we've talked about, there will be no additional impact fees paid for single family homes. They're they're they get credits. But let's just say there for some reason that one a new home is coming in. We have a green field site. It's an infield project and it's a brand new home. Was never one there before. So they will be paying impact fees [clears throat] in that situation. I went and pulled the last three homes. The value construction value that was been built in the city. Uh one was $785,000. Another was 667,000 and that was six town houses. and the other was $850,000. Now, remember, this is just the construction of the structure. It's not include the land value. So, we've got we've got the the construction in in the city of Cocoa Beach is is uh pretty pretty strong um as far as values go. And we're talking about $3,000 for a new single family home. So when you compare 3,000 versus the average of over well

close to 700,000 again we're less than 1/2 of 1% that we would be adding cost for a new single family home. And also but real quick but real quick on that one uh and what would our current impact fees be for that house that that you're adding the 300 onto? Zero. Uh she said that for water uh I think water and sewer or something. Oh, I'm sorry. What is the current impact fee for the uh for I don't know. I think it's around is Morgan here. Do you know what the connection fees are for water? I don't deal with that, mayor. I apologize. I don't know. We can get that answer for you before

I don't think it's I don't think it's more than 100 200 bucks. Yeah, it's the connection their connection fees are pretty low.

Less than that. And I I would like to make just a couple of quick points. This is really an opportunity for this city to place the cost of the construction providing city services on the folks who are building right now. All of our residents and our property owners pay for that increment of cost to serve a new project. So we're transferring that cost to to the folks who are getting the most benefit. And I think that's that's an important point to be made. Um, yeah, Dave, I want to reinforce that this is not that these costs don't exist. These costs exist and they're being paid by residents. Now, I think what the the study has done is get us a sound and legal basis for making sure we understand what those costs are and appropriately allocating them. And while I appreciate that we don't want to push away businesses that want to come and do excellent work here, it cannot be coming out of the pocketbooks of our residents. Yeah. So Dave, thank you for looking at that.

Yeah, total totally agree. And and also one thing to keep in mind too is we have a magnificent city. People want to come to Cocoa Beach, both residents, residential and commercial. And so although we don't want to create barriers of entry, we have to recognize that we have a we have a great city and people want to come here. and and you know less than 1/ half of 1% is uh is not overly burdensome. I'll just put it that way. So

So uh real quick, Dave, were you able to get me the difference in cost from our current impact fees for the drift compared to what the new impact fees would have been or would be? Um it's going to roughly be the same as the um um the Stina project. Um it's going to We're talking about a he said for every thousand for every,000 uh square feet you're talking about an extra 3,64. Uh those units are going to be right around 1,500 square ft and 221 units. They're going to be roughly that. Um and it's going to be 300,000.

Yeah, it's it's going to be more of a multifamily project. So, if you look up at the table, rather than 3,60 a unit, uh it's going to be $2,144 per unit. So, we just need to times that times 20 I think it's 220. Um and then we and then we would look at the two res uh non the excuse me, the restaurant out parcels. There's two of them right now. We don't know what the square footage is going to be. So, it's kind of hard for me to project what those costs. That's why I really didn't kind of drill drill down too heavily on that. But um um I I think the point I was trying to make, mayor, is that the the the added cost for these these with these impact fees is is pretty minor. Um I don't think that I I think the market strong market in Cocoa Beach is going to power right through the addition half of 1%. So, just real quick, so the drift now we're talking two $2,200 per unit extra.

Um, yes. So, so we're So, they're going to have to expect to spend another $450 somewhere $500,000 more that they weren't expecting to pay.

Yes. But again, if if Stina is worth 25 million, the the drift project is going to be probably closer to 75 to 100 million. So when we look at that, 400,000 is a pretty small number when we're looking at between 75 and 100 million. And more importantly, that is 400,000 that should not be paid by residents. Correct. Mr. Mayor, anything else?

Uh, I I'm a little apprehensive just because I mean they do pay property tax everyone else. They will be paying expensive uh property taxes once it's built out. So, they will be paying just like the rest of the residents. Uh, not to say that, you know, I'm trying to help, you know, larger businesses that have lots of money. I'm just my my main concern is I just want to make sure that and we've got and we don't have very many but you know at least five unimproved parcels that I really would like to see improved because they're just weed lots right now and I just want to make sure that we're not we're not going to deter people from investing in our city. So that's that's just my main concern. I I see what you guys are saying and I know that you know obviously we want to have a burden on the residents

right that's a very good point and um you know I think yeah we've clarified that do you have anything else um I going to the comparison real quick so we have noticed across the state is even these cities that have had some of the most significant impact fees across the state like St. cloud, um, Palm Coast, I don't believe they're on here, but Claremont, they are they have some of the highest impact fees in the state, but that has not slowed growth down at all. Um, and providing these services to people stay attractive um, draw for new development. So, there is obviously um, a payoff there. Um, but it has not, we haven't really seen in the trends that slowing growth down as much.

Can you uh, ellight on the other fees? That seems like a ridiculous amount of money for impact fees. Yes. So, the uh most typical impact fee that uh the city is not considering right now, but most of them have our parks impact fees. Those are usually in the 1 to $3,000 park family unit. Um a lot of this also is the roadability impact fees. So, St. Cloud just adopted a $14,000 road impact fee. Um, and with that, the development that wants to be there still, but there are multiple different municipal impact fees that can be applied based on the city needs. Um, so so some of these cities are actually expanding and so they've got a lot of infrastructure they have to pay for. Yes.

So I can see how that be a thing. It'd be like Vieira charging an extra 10 grand per lot. Um, can I ask her one more question when you're done? Yeah, go ahead. Um, do you know what what uh Canaval current charges for impact fees and what satellite just because they're just neighboring to see if we're on the spectrum? Um, Cape Canaveral has not updated their impact fees in about 20 years, I believe. They're currently doing a study, but because of recent impact fee statutes, they're not able to increase more than 50%. So, they do have very low impact fees um there. And I don't know Satellite Beach off the top of my head, but I think this area t has not looked at impact fees in a while.

All right. What other areas in Bvoulevard County have you looked at impact fees that that you can um compare us with or compare with? Yeah, I don't think you can see. Um so we have Titusville, Pal, Titusville, Palm Bay. Yes. Pal is eight grand. Titusville is 900 bucks. the only two boulevard. Did you did you look or consider at something like a beach impact fee? Is that something that is done in terms of our beach rangers, things like that or is that rolled into just police department?

Uh we haven't looked at that specifically because of the language in uh the Florida impact fee statute is very limited to facilities and vehicles. um if the vehicle is part of like a lease fee le there is consideration if they do that pole but with that specific language and how it's defined in the statute um it would have to be a facility which the beach is a little we have like jet skis we have side by sides things like that that are part of beach patrol would that be oh we've got a additional commissioner ju just wondering if you had looked at and if you had then

um if it's a part of the normal police department I don't know if we looked specifically at like the police We um we were looking more at like sworn officers in their vehicles per officer, right? Um I believe we have uh Commissioner Williams on the line as well now. So he's joined the meeting. Skip, go ahead, Commissioner. Can you hear? Vice Mayor, can you hear me? Skip, are you muted?

Commissioner, can you hear me? Yeah, I can hear you. They can hear you.

Okay. Sorry I didn't be there. I've been at work since 4 in the morning. I just ate dinner and uh but this is a this is an important subject. Um, I'm concerned about projects that are already in the works, if they're going to be affected by this change that may cause them to rethink whether they're going to follow through on their project or not. especially big projects, you know, just for instance, the one down on the old hospital property down on the entrance at 520. So, would this affect them or any other existing or is this for projects going forward in the future?

500,000 for them, skip. Yeah, I mean that those those are all great questions and I um I'm just going to go back to the what percent of the overall project that this is this represents. It's less than 1/ half of 1% and these big developers they they factor these costs into their proformas as part of doing it's a cost of doing business. It's a cost of development in Florida. Um, and it is a uh it's before they pull if if we have a developer that is going to pull out of a project because of 1/ half of 1%, we may not have wanted that developer in the first place to come into the city. Um,

furthermore, I think we've seen with significantly higher impact fees in municipalities, the the statement was made that it's not slowed growth any discernable way. So I think one half of 1% and evidence from other areas where we've not seen slowed growth would be a hard argument to make that we're see any anybody abandon a project they they've already started.

Can can I just make a a point to that real quick? You're talking about one half of 1% um where that's precisely what we've got going on right now with the interest rates. by they haven't pulled the trigger on the either the drift property or the Westgate problem with the pure one does make a difference when you're talking about money crunches guys. So I'm just I'm just putting it out there that I I'm I'm very concerned with with with putting this scale even though it's one half of 1% to us it sounds like a little thing into a big conglomerate. I'm just saying I know that we've been waiting for these projects to come on board and the reason why they're not coming on board is because they're hoping that they can drop one half of 1% or 1% of interest by waiting, you know, a year.

Mr. Mayor, I think you're confusing uh the cost of it versus the compound interest they would be paying on a loan. Yeah. And just as an FYI, both of those projects are moving forward. Um we've been in we've been in heavy discussions with both of those projects. So they are they've got greenlighted and and they they'll be happening and they're aware of the impact fees. Pardon? They're aware of these potentially new impact fees. Um I don't believe they are. I don't know. I I haven't specific interest is every year they have that compound interest versus single price of an instance.

To get the mayor's perspective though in theory some of these should have be you know that should be built into their tax rate, right? We should have these factored in. So, I'm kind of on the fence on this one, but the onetime capital, it takes the [clears throat] capital burden off of the residents. Uh, we still have the operational cost of the city that is coming from their advor tax. But I'll go back to if there's a cost being paid by residents for a business to come in and operate here. We are not doing our job as commissioners if we're allowing residents to pay that business's way. Period. It just did a double dip in the me I'm sorry.

No. So these impact fees are for capital investments of uh for the city whether it's structural or vehicular uh fees that we're paying.

The fees that that we're um that the residents pay through taxes are oper basically our operational fees um and our and our capital uh because we don't have impact fees. So that's, you know, something we probably we should have had 20 100 years ago when when we started the pro. I don't know if they had impact fees 100 years ago. I don't know or when that all started, but uh yes, they did. Yeah, of course. Um so I understand it. I'm I'm for it. And um there's we have any more discussion?

Yeah. I want to say one note so you guys are aware. One of the concern initially I had was the the the data points we use to justify the cost. We're not necessarily beholden to those. They're reasonable now. We can change them. My concern primarily was the fire station being 5 million. We can lower that cost as we get into it. Just because we've started collecting impact fees built on that being 5 million, it was reasonable what we do now. So, we do have some I don't think we're paying it into a corner, but I think there has been some concerns about that being overpriced. We're going to take on a bunch of debt for that. So that's not painting the this decision won't paint us in the corner, right? And having to expend those capital costs.

I think part of if if I'm understanding your presentation correctly, I think part of what we're looking at is is essentially a legal basis, right? We can't make a profit as a city. And so ensuring that there is due diligence done to assess and understand what what can we expect those costs to be and and they've got to draw from the numbers we have. they got to draw from the estimates we have. But I agree with you, Commissioner. I don't think that them using that price in their estimates means we have to go then spend that much on that capital project. I think that's a good point, right? And I and I don't think it's Go ahead. Go ahead, Skip.

Okay. So, I I'm just uh you know, anybody that has a current development order, I think should be exempt from this because when they plan their project and they knew what the impact fees were and they did all their stuff and they got all their financing together, they didn't know about this. So, I want to offer an amendment that says anybody with an existing development order is exempt from this. And you know, I agree we should have done this 10 years ago, 20 years ago, or whatever. But, uh, you know, here we are now and we're trying to burden people that already have a development order, already have a project plan, already have their financing in place, and we want to now further burden them with something. And I understand what Dave said that if they can't afford an extra half percent or percent uh, impact fee, then maybe they shouldn't be building in Cook Beach. I don't agree with that. So, I'd like to offer an amendment, and I'm looking for a second that [clears throat] says that anybody that has an existing development order in the city of Cocoa Beach at this point in time would be exempt from this. And I'd look for Becky to tell me if that's something we can put in place.

Okay. The most common development order is a building permit. Um these these impact fees that are being adopted on first reading tonight um would not go into effect until 90 days after the advertisement of the um Nope, not the second reading. It's the advertisement and we advertised it early. Yes.

And I don't remember when the advertisement was, but by statute it's it's 90 days you advertise it. And also it's it does not become due until you pull there are series of building permit that you pull at different times if it's a large project. Um it does not get assessed until you pull a building permit and then it's based upon that building permit. For a house, it would be, you know, typically you'd only pull one building permit, but for a large structure, you might pull a building permit for a parking garage versus, you know, paving the parking area or something like that. And so it if if you if you have it worded that if you have pulled a development permit or de if there's a development order because there if you reszone property that is a development order. So, um, you know, I I'm concerned that it could go, you know, somebody who reszoneed the property 5 years ago and but hasn't done anything with it yet. Um, there's a development order on that property. So, we need to tweak the language of it in some way. concerned that I think what we're saying here is effectively

we have development orders for certain projects already in place and that is a true statement that says you can build this project back to for instance the project uh down at the 520 entrance they have a development order in place that says that they can build up to 28 units per acre uh versus the regular residential which is passed by the commission. So that development order is in place. So my amendment request is anybody that has a current development order already to the point of a development order in place would be exempt from this uh new impact fee.

I I think that's how the ordinance is worded. Yeah. If you look at page 204 at the top on paragraph two, it says all impact fees shall be paid by certified funds at the time of issuance of a building permit. Yeah. So if if uh if if a project example Weston we've issued a building permit and they're under construction, they're not going to be subject to this.

Okay. And and I think what you're thinking of is a development agreement as a as opposed to a development order because when you reszone property, that's a development order. Um but we do have development agreements on for these projects and we would look um some of them may say that they would pay the impact fees that were current at the time of pulling the building permit. Um I frequently put that in development agreements and there's usually not much push back on that. So, I think we would need to look at each individual development agreement to see how we dealt with it.

So, I got to say I'm thoroughly opposed to this because if when rewarded, what we're saying is anybody who already is underway, the residents are going to pay that fee for them. We're going to grandfather them in. That doesn't make sense to me. You're saying there may be a clause. There may very well be clauses and I and I can get all the development um agreements that are outstanding right now. So So I think there's three cases the west these would not apply to. Correct. The Cena house and the drift house. The other two talking points I think I've heard. It sounds like unless they have that special clause in their contract, these would apply for those two projects. We haven't issued VPs for those projects. I mean for example, uh Westgate.

Yeah, we approved the DA. We approved everything for Westgate. Well, we have not issued a building permit yet, but Westgate is going to they're rethinking the project. They're coming back through the entire process and we're going to be renegotiating a new DA. So, I would imagine they would probably be subject to to these fees. So, it's going to really be a case by case depending on I think it will be case by case depending upon what the development agreement says. Yeah. But but I am very concerned with tying it to a development order because any variance you get, any reasonzoning you get, there's a whole laundry list of all of those are development orders.

What about the Ninth Street project? Would they be subject to it or have they already started building permit? Are they where are they at? I I don't believe we've issued a building permit for that, mayor. Okay. All right. I'm I'm not going to second just because I I just don't think we should cherrypick. I think it needs to be across the board either. I don't I don't want to I don't want to give anybody special exceptions. I want it to be said across the board. All right. So, there's there's no second. There's no second on the amendment. No on the amendment. There's no second on the amendment. No second. That's Can I say one more thing?

Sure. So, what I'm trying to say is if we ever I I I just want to figure out a way with Becky or whoever to exempt current projects that are already on the books and approved by the city commission whether they have building permits or not and have this be applicable to new projects. Yeah. And I don't think you got a second on that. Yeah. So I would call the So that's not a sec. So right. So comment, right? Yeah. Is there any more discussion? Um you guys I'm ready.

Yeah. Public comment please. Anyone anyone want to speak? Go ahead. Rick

Rick Anderson men causeway. Uh I've seen so many things come before this commission. the the peer redevelopment project, the the gateway project and and I lose track of the number of months or years that go by between the time that the city says go ahead and do it and and ground actually gets broken on it. So, and there was there was a a condo project somewhere near the church that we we gave a variance for and that just went belly up and nothing ever happened there and the property is still sitting there vacant. So, so my my point is I I think that it has to be applied across the board. I think that the ones that have not and if the peer is going to come back with a totally new project, why are we going to go back and grandfather them for something that we already approved? They said, "We're not going to do it now. We want to do something different." Well, sorry. I mean, I think they should be subject to the fee.

Yeah. Thank you. Very good point.

Anyone else? Okay. Um, with with that being said, thank you, Rick. That's that's a a great point. Um, there are a lot of properties like that um that that have come to this commission um in the last 5 years and nothing's happened. 520, the hospital lot, that was three years ago. They were talking about it seven or eight years ago. Uh, Surf Drive, nothing's happened there. uh the Weston's rethinking their their uh their whole project. Um so I you know I think we just go through I I want to take it the way way it's read here um on the on the agenda. So um

hey can I say real quick?

Yeah go I I I agree with you the way it's read needs to be I I think that makes sense that we can't give people special exceptions that we've done in the past. I don't like doing that. We need to be fair. Uh, but that being said, you guys are right. We've had so many projects come across the books here and then nobody's pulled the trigger. So, I just want you guys to realize how sensitive financial funding and and finances is for these projects. And that's the reason why they're not uh being executed upon. So, for that reason, guys, I'm I'm probably not going to vote uh yay on this, but I just wanted to, you know, put that out there just to think of. We want to we want this growth. We want this stuff to happen so that we can get that tax income uh from them because we will get great tax revenue from them once they build. I'm done. Thank you.

Your point is that install for 5 years is not necessarily 1%. Right. And the reality is they come in they cost the city. They they consume city services as do the visitors that come in. And so when we apply fees that are actual costs to the city and the residents pay for them, it's not right. Yeah. Okay. Well, let's vote. Do we already have a motion? You have a motion and a second um on this one. Yep.

Let me make another statement. um when it comes back to you, appendix X will consolidate all right now. Um what's attached is the entire report. The appendix X will put the actual dollar amounts which will be no different from this but it would be bulky to put the entire report as an appendix. Okay.

Okay. Um Tim, for the record, I want to u state my amendment and look for a second and have it fail if so be it. Um my amendment is for existing development orders which have other strings attached to them. that existing development order um that only apply to new development orders passed through the uh system. Look for a second.

Skip, you're not going to get it. So, we're going to move forward with this vote. Um all those in favor say I. I. I. No. Nay. All right. Passes 32. Number two.

Okay. This is um new business item two. Approve the agreements relating to golf muk capping project contract with JF Brennan Company Inc. in the amount of $33,499,900. Sorrel Agreement 2168, amendment four, assign the contract over to BVAR County Natural Resources for the project administration. Staff Representative Brad Calzo, public works water reclamation director and recommendation approved. Move to approve J2 is read. Second. All right. Awesome. Um, yeah. Can we have

Morgan come up? Thank you. Oh, Brad's on the shouldan here. Yeah. Yeah. Yeah. Um Yeah. So, I believe all this is uh funded or it's it's all Yeah, it's grant funed. Basically, we're just having you guys um approve the contract and then we're it over to the county. So, last time we explained that when uh we agreed to go into contract with them. So, this is just agreeing to the contract and then sending it over to the county. Okay. Any discussion, Skip or Keith? No. A public comment. All right, we're good. All those in favor say I. I. I. I.

All right. Uh J3. Okay. Um item three, approve a three-year renewal of the mutual aid agreement between the BVAR County Sheriff, BVAR County Law Enforcement Agencies, and the city of Cocoa Beach, author authorizing the chief of police to sign the agreement. The renewal would expire on December 31st, 2029. Staff Representative Chris Keune, police chief. Recommendation approve. Approve. Move to approve. J3 is read. Second. Um discussion. No. You endorse it, city manager? Yep. Yes, 100%. Okay. Yeah, I agree. We've we've spoke about this. Any public comment?

All right. Let's vote. All those in favor say I. I. I. Commissioner Williams. All right, it's uh four and one abstaining and uh that's it. We're adjourned.