City Commission - Regular Meeting

There we go. The button to work. All right. Let's call this meeting to order. We'll have Pastor Troy Stanley do the invocation for us. Actually, let's start with a roll call. I got, well, here it says roll call.

They're switching up your order for you. Do you want to start with a carrot? No, it says, get your glasses on. It says roll call here.

All right, okay, yeah, I see it. Pastor Troy Stanley, please.

Do we do the pleasure? Ollie, you want me to leave that too? Pray or what?

We'll pray first, thanks.

Let us pray. Our Father in heaven, thank you so much for this day, for the opportunity to gather as believers in a city that is so beautiful. And thank you for the blessing of being able to live and work in such a beautiful place. Father, we pray over our representatives here that are elected to lead. And we pray for prosperity and safety in this community. We pray for a peaceful hurricane season this year too also, Father. Watch over the decisions that are made tonight that they can lead to prosperity and happiness and prosperity. and love for you and love for each other. In Jesus' name, amen.

Please 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.

All right. City Clerk, roll call.

Commissioner Jackson.

Here.

Commissioner Hutcherson. Here. Commissioner Tmulte. Here. Vice Mayor Williams. Here. Mayor Capizzi.

Here. I guess he is going to be one of those nights for me.

Second.

All right. I got a motion and a second. All in favor? Aye. Aye. Motion passes 5-0. Let's start with the budget hearing.

Thank you, Mr. Mayor. Thank you, Mr. Mayor. This is Resolution No. 2026-06, a resolution of the City Commission of the City of Cocoa Beach of Brevard County, Florida. Oh, the budget.

C-1.

Is that on the right hand?

Yeah, I called it, right? Yeah.

You just set the tone. I like it.

Yeah.

We're going from the bottom up.

Yeah, don't feel bad. I'm doing the same thing over here.

Hey, if we can't adapt and adjust, that's it. There's cake. All right. That's what threw it off.

All right. This is a budget hearing to approve the tentative millage rate of 5.9988 mils for fiscal year 2027. The taxing authority is the city of Cocoa Beach. The rollback rate is 5.9988 mils. The proposed tentative millage rate is 5.9988 mills, which represents a 0.00% increase over the rollback rate. Adoption of the millage rate by resolution number 2026-06 is scheduled for September 17, 2026. Staff Representative Hama Juman, Finance Director Wes Mullins, City Manager, and the recommendation is approved.

Move to approve. Second. Motion and second. We've got public comment. Caroline Willis. I assume it was Willis with the W. I'm Carolyn Willis.

I live on De Leon, Cocoa Beach. So I just wanted to give my comment on the current proposed budget. Looking it over and attended the last few budget workshops and To me, the proposed budget works. I'm not sure if works is a good word for it. It works in order to barely operate the city by cutting and deferring multiple important projects and items needed for the city. Kicking the can down the road is not the answer to a healthy budget. How are we ensuring that these important projects will be completed in a reasonable amount of time before they get too far down the road? We haven't completely paved roads since 2004. In the last budget workshop, there was talk about possibly financing paving the roads. On one hand, it's discussed how this budget cuts down debt, and now there's a potential to add debt back on. Why don't we just fund it now in the budget? It does not make sense to roll back the millage rate with rising costs and with the onset of Amendment 3. We need to pat ourselves before we most likely will lose a significant source of income from our ad valorem revenue. How is this budget looking out for the long-term welfare of our city? A lot of essential items and projects needed to be cut to make this proposed budget. This is not necessarily a good thing. We have to take a look long-term, past this year in 2027, and take into account that we need to sustain the city, its infrastructure, Retention of staff, we have to have enough funding to make competitive salaries in order to keep our staff. Public safety and our amenities, on a long-term basis, we have to look at a plan for this past 2027. I do not see how rolling back the millage rate in this proposed budget accomplishes this. Thank you.

Thank you, Carolyn. Any other public comment? Go ahead, Janice. Janice Scott, come on down.

Good evening. So has everybody said happy birthday to the mayor? A couple people. All right. So that's my opening public comment. Yes. First of all, I wanted to review what the purpose of government is. It's not for the nice stuff, the stuff you think you'd like to have. It's for infrastructure and services residents cannot, in a practical way, provide for themselves. Roads. Public safety, sewer, garbage collection, et cetera. That's the basic foundation of taxation. We are taxed by three or four taxing authorities here in Cocoa Beach as a municipality resident. And I know there was a rebut to my last public comment. I was going to say that in the public comment. But we have these seven line items from the school board We have four on our trim. We have the awesome, which we never see the figure of that, maintenance and providing all of this recreation. One of the things I always hate is when the budget officer, not the present one, but previous one, oh, recreation never pays for itself. Well, it doesn't when you have people who have a 3-2-1 zip code three two nine three one zip code Trying to use the pool and complain they have to pay a dollar more because they're not Cocoa Beach resident Just little things like that. It's all the sum of the parts I think the responsibility also in taxation this year to take a hard look and I really commend you for taking the rollback rate is because this is the Motivation behind Tallahassee wanting amendment three.

Thank you. I

Thank you, Janice. And I wholeheartedly agree that the role of government is to provide services that the general public cannot provide for themselves. I agree with what you said. Thank you. Any other public comment? Sure. Go ahead, sir.

My name is Daniel Fennelly, and I'm a resident here on Minutemen. And I did put in a card to speak to you all But based on the budget, and the good Lord called me in here today. My first meeting, I've been a resident here over five years. So it's an honor to speak and be before you all. But in the interest of public safety, the card that I put in has to do with the budget in that I walk on Men at Men Causeway. Many of you do. And certainly the kids that go to school here, we love. We don't want them to get hurt. I feel it's dangerous there right now. I think the technology is incredible that's going on with the electric bikes and all that. That's just part of the future. However, I've walked, and by the grace of God, I could easily have been run over by somebody going extremely fast, and it could happen to one of the kids. I believe that the telephone poles, and this is where your budget comes in, I believe they need to be underground, not only for hurricanes, but that we can have a bike pathway for those students to be able to be safe. Bike path here, students walking there, because right now they're both going on at the same time. And because electronic devices are quiet, you don't know they're there until they nearly, and sometimes you're walking along, I've turned and whoa, and one goes right by. I think it's a danger we need to address. We need to consider when somebody gets hurt or killed, we're going to say we needed to think about this before. So in relationship to the budget, I ask you to consider this. At some point, the only way I see there being enough room for both walking and biking separately is to put the telephone poles underground. It's done in other places. I don't know if we need a grant for that or what we need, but I know it could be done. I respectfully say this stuff. Thank you. Thank you, sir. What was your name again?

Dan Finnelli. Dan Finnelli, thank you very much. And actually, Tim has actually helped us. We all voted to make Minuteman a park, and one of the, I think, the ideas was to try to do exactly what you're saying, is get that power lines underground so that we can. So it is in the works. We've been talking about it and thinking about it. But thank you for your comment.

Very good. Awesome. Thank you.

Okay. Okay. ANY OTHER PUBLIC COMMENTS ON THE BUDGET? WE WILL HAVE PUBLIC COMMENT LATER ON, BUT THIS IS JUST ABOUT BUDGET. ANY COMMISSION COMMENT? OKAY. THANK YOU, CAROLINE, FOR YOUR comment about the budget as well and the millage rate. The difference between, you know, the previous approved millage rate or the proposed millage rate, you know, is roughly around half a million a year. So I understand what you're saying, but in all reality, that wouldn't fund all the projects that we needed to do anyways. So I'm not saying that good more money is not nicer to have, but in any... We're looking out for the residents. We're trying to be fiscally responsible with their stuff, with their money. And this is the reason why we've come up with this. And in the future, yes, we're going to have to figure out the roads. But half a million a year, to me, isn't going to make or break building roads at this time.

Yeah, go ahead. Our responsibility on this commission is to keep our infrastructure sound. and safety and security of the people. The millage rate, going back to the rollback, is basically saying, hey, you're not getting a raise this year. No one's getting a raise. But in reality, every city employee is getting a raise. Everyone out there that has a job typically gets a raise. Those that are on Social Security, they get raises too. Everyone does. We're not. The $500,000 turns out to be $45 per resident per year, which comes out to less than $4 a month per resident. Half a million dollars would go a long way in starting to, as Carolyn mentioned, we haven't done anything to the roads. Actually, it's the last five years, at least five years. yeah, we've got a plan to do this in the future, but is that going to get kicked down the road next year and then the year after? I mean, every year we say, hey, we'll do it next year, we'll do it next year, and that next year never comes. Yeah, it's wonderful. We can do a rollback and make a few people happy, but what about the people that live on streets that have potholes that are degrading and and bumpy and destroying your car. You know, $45 a year is nothing compared to the damage that's happening to your vehicles. So that's all I really have to say about that. But we are where we are. I know what the vote's going to be. And I just want to voice my opinion on it.

Thank you, Tim.

Any other commissioners?

Are we ready for a vote? Let's vote.

All right. All in favor? It's a roll call.

Oh, sorry. Roll call?

Commissioner Jackson? Aye. Commissioner Hutchison? Aye. Commissioner Tumulty?

Nay.

Vice Mayor Williams?

Aye.

Mayor Capizzi?

Aye. Motion passes 4-1. All right. Item C-1. C-2.

Oh, sorry. C-2. Thank you, Mr. Mayor. This is an item to approve the tentative budget making appropriations for fiscal year 2027. Adoption of the budget resolution number 2026-07 is scheduled for September 17th, 2026. Staff representative is Hannah Juman, finance director, Wes Mullins, city manager, and the recommendation from staff is to approve.

Move to approve is read. Second. Motion and a second. Any public comment? Any commission comment? All in favor? Sorry, roll call.

Thank you. Commissioner Jackson?

Aye.

Commissioner Hutchison?

Aye.

Commissioner Tumulty?

Aye.

Vice Mayor Williams?

Aye.

Mayor Capizzi?

Aye. Motion passes 5-0. All right, we've got special presentation. Bear with me. We've got the 9-1-1 Remembrance Proclamation. accepting will be Justin Grimes, fire chief, and Chris Kuehn, police chief. Whereas on September 11th, 2001, the American people endured the worst terrorist attack on U.S. soil in the nation's history with courage and heroism. And in response to this tragedy, Americans across the country came together in remarkable spirit of patriotism and unity and carried out countless acts of kindness, generosity, and compassion. And whereas community organizers and family members of 9-11 victims began observing the anniversary of September 11th as a charitable service day to honor the memory of those who were lost and those who reunited in response to the tragedy, including first responders and volunteers. And whereas participating in service and remembrance activities on September 11th is a positive and respectful way to remember the lives of those lost, pay tribute to those who rose in service, and honor those who continue to serve our country today, including active duty and reserve soldiers and their families, veterans and first responders, Now, therefore, I, Keith Capizzi, Mayor of the City of Cocoa Beach, on behalf of the citizens of Cocoa Beach, do hereby proclaim September 11, 2026, as 9-11 Day of Service and Remembrance in the City of Cocoa Beach, Florida, and encourage all citizens to honor the lives of those lost through participation in community service and remembrance ceremonies on this day and throughout the year. I, Keith Capizzi, Mayor of Cocoa Beach, Do here unto set my hand and cause the seal of the city of Cocoa Beach to be affixed to this third day of September 2026.

Mayor and commissioners, if you'll look in front of the city clerk, that is a piece of the World Trade Center that we have here tonight. It's an honor to stand before you today and recognize September 11th is a remember the lives that were lost on that tragic day. 25 years ago, our nation experienced the largest attack ever carried out on American soil. Nearly 3,000 people lost their lives at the World Trade Center, the Pentagon, and aboard Flight 93. As firefighters and police officers and first responders, we understand the risks that come with the job, and there's a possibility that sometimes they may not come home. But we need to remember there were thousands of victims on September 11th that were just going about their day. There were workers who went to offices that morning, people who were traveling, and passengers and crew aboard Flight 93 that simply got up that day and went about their lives. They lost their lives because our nation was attacked. Today, we have a whole generation, which includes firefighters, police officers. They're serving our community that were not even alive when September 11th happened. That makes it our responsibility to remember even more important. We need to tell the stories, teach the next generation what happened, and make sure we never forget the lives that were lost. So for everyone in this room, on the morning of September 11, I invite everyone in our community to join us as we pay tribute to those who lost their lives. We'll share a moment of silence to remember the nearly 3,000 people who never had an opportunity to return home that day. We may remember them, we'll honor them, and we'll never forget.

If you guys would come up and grab these proclamations. All right. Thank you, guys. All right. This is our next proclamation. And Jane Benton will be receiving this one. Here we go. So whereas September is designated as National Suicide Prevention Month, as recognized by the National Association of Mental Illness, and whereas many health officials and community leaders locally, state, and nationally understand that mental illness is a significant issue of concern, particularly among our youth, and whereas we realize that no address more open and honest discussions about mental health, and whereas one major hurdle is removing the stigma attached to mental health treatment, and discussions, and whereas individuals, businesses, organizations, public officials, and many others recognize the importance of emotional health, and now therefore, be it resolved that the City of Cocoa Beach supports efforts on the Space Coast to provide education and resources for mental health problems, and be it further resolved that the City of Cocoa Beach will encourage a positive effort to encourage those with mental health issues to seek help of a family member, friend, colleague, and or licensed mental health professional to assist them in times of need. Adopted by members of the City of Cocoa Beach, on September 3rd, 2026.

Thank you, Mayor Capizzi and commissioners for this proclamation and for your support of suicide prevention and mental health awareness. Your action this evening is important. Brevard County is unique in Florida. We are the only county where all our municipalities and governing bodies have taken action through proclamations or resolutions to support suicide prevention. That says something about this community. It says we care about one another and that we're willing to talk about mental health openly and honestly. That matters here in Brevard County because we have one of the higher suicide rates in the state, more than 17 suicides annually for every 100,000 people. We don't know why the rates here are higher, but we do know that the Space Coast Health Foundation and many of our community partners are committed to reversing that. And while organizations can provide resources, education, and support, each of us has a role to play. In 2000, a young man named Kevin Hines attempted to take his own life by jumping from the Golden Gate Bridge in San Francisco. He survived and has since become a powerful advocate for suicide prevention and mental health. Kevin has said that before he jumped, he was walking across the bridge. He was sobbing. He was clearly in a poor emotional state. No one asked him what was wrong. Kevin has said that if someone had stopped and asked him if he were OK, he probably would not have jumped. Let's all take a lesson from that. We may not know what someone is carrying, but we can choose to notice. We can choose to reach out. We can choose to start a conversation. Sometimes a simple question like, You look like you're having a difficult time. Can I help? It can make a big difference in someone's life. Thank you again, Mayor and Commissioners, for your leadership and for standing with us and recognizing the importance of suicide prevention and mental health in our community.

Thank you so much, and I have some proclamations for you here.

Thank you.

Absolutely. Oh, yeah. All right. Three, two.

Thank you.

All right. Okay. So we would normally be at public comments right now, but I know there's a lot of people here for the fourth street incident. So let's let public's work come up and talk first. And then if you still have questions or comments, you can bring them after he speaks on public comment. So come on up, Brad.

All right. Good evening, Mayor and Commissioners. I first want to start off by giving you a project status update from where I left off last commission meeting. So last Wednesday, the contractors were officially released back to the job site. So for the past week, they've been mobilizing new equipment to the site. They've been removing a lot of equipment and material from the site as well, cleaning it up. in preparations to get the project back on track to completion. I think by tomorrow they might have the new well point systems in to start dewatering the pit. A lot of the residents here call it the pit, so I'll refer it to that. Once they can start dewatering that pit, I think by next week, they're not going to be here Monday because it's Labor Day, so they'll be here Tuesday. Their game plan is to focus on three areas right now. Number one, they need to repair the pipe that's at the bottom of the pit. And then once that is repaired, they can set the new manhole. And once that manhole is set, they can start moving the bypass pumps and all the hoses off of the roadway. And they are hopeful by the end of next week that all of that might be able to be accomplished. I'm going to be a little more optimistic and maybe say the week of the September 14th, that could occur. which means that they can start working on roadway restoration after that, get the roadway back open to two-lane traffic. From that point, they can start finishing the remaining portion of the project safely within the right-of-way and within the property boundaries. So I am hopeful by the end of the last week of September that roadway will be open to full traffic, and then we can continue on with the project. Additionally, since the last time we met, I had conversations with DP. They reached out to me after receiving some complaints from the residents in the area. They asked myself and my staff to perform some sampling in the canals. They asked us to perform samples for E. coli. They picked three locations after looking at an area of the area. They picked a control area, which was Rose Drive. The reason they selected that is because it's east of where the sewage entered the canal. And if the canal flows east to west, theoretically, the water shouldn't have made it over to Rose Drive. So that was the first control point. The second point was actually at the mouth of the canal that the sewage entered into. And the third point they asked me to do was at the north end of Yall Drive, where that channel opens up into the river. The results yielded positive hits for all three sample points, and they were all the same number of hits for all three sample points. And when I showed those results to DEP, because the control point had the same results as the other two points, they requested that the city do no further testing. So that is where we stand at this time. I do understand that the residents behind me are going to speak on this, And I'm here to answer any questions that they have or you have to the best of my ability and get through this. So with that, I'll let you open it up.

Thank you, Brad. And Brad, would you like to address their comments as they come or do you want to do it all at once at the end?

Probably as they come or it's up to the city manager.

Are you okay with that, city manager?

At the end.

However you prefer.

Yeah. Uh, commissioner Williams and I did go out and met with two or three families. Um, I explained the situation, all the information that I had with them. Um, and then we had a progress meeting with the engineers yesterday and I did call one of those families today and updated them. I just told you. So I'm trying to keep in constant communication with the residents. I understand their frustration. I understand their concerns. Um, And we are doing everything that we can to get this project back on track and get it completed, get it out of their way, and try to put this behind us. So the key concerns were, one of them they want to know about the bacteria testing in the canals. And I just explained that. They also wanted to know some timelines, and hopefully I was able to give you some timelines tonight. And just overall, PROC status. I hope that they appreciated me coming into their homes. I appreciate them letting me into their homes. And I told them that I will make myself available any time. They have my phone number. I will answer any questions that I can any time of the night.

Thank you, Brad. If I may, Mayor? Yeah. Brad, just real quick, what's the status the last time with the church and the contractor? Are they locked in now with?

The contractor and the church have reached an agreement to use the property. That's a separate agreement between those two entities as part of the internal agreement that the city issued the contractors. So I don't want to speak on behalf of that agreement with them

But that's not going to hold up the project anymore, right?

It should not.

Okay, good. And also just address your relationship with ongoing communication with the school.

Yes, I've been in communication with the principal, Ms. Lott. I try to update her weekly on the status of what's going on. So she's thankful for that, and I will continue to do that.

And she did divulge that... Traffic flow for drop-off and pick-up times is actually running at the normal pace prior to the construction.

Yes, that's what she indicated.

And the city is aiding in traffic control to make that happen.

Two of my staff members are out there every day at dismissal helping to control traffic, and the police department has been very helpful in controlling the traffic as well.

Right. I just wanted that extra information to be added to the record.

Yes. So I'm here to answer any questions I can.

Thank you, Brad. And, uh, I just want to give you a, a public, uh, pat back because I've spoke to a few of those residents as well on that street. And, uh, and, and you too, uh, city manager, uh, they had brought some concerns, uh, within, within, I think three hours you were out there taking samples. Um, so of, of when I placed that call, um, also, um, Today, I think it was today, you had a meeting with some other people as well. You gave them your cell number. You explained to them exactly everything that was happening. So your promptness on this issue, I think, has shown the residents, or at least me, I can see that you really do care and you really are trying to do what's right for the residents. So thank you, Brad. I want to acknowledge that in front of everybody for you.

Thank you.

All right, so let's go to public comment. Anybody have any public comments or concerns that was not addressed by Brad that you'd like more information about? Yes. Could you come up, state your name and address?

My name's Laura Tubbs. I live at 1825 Miniman Causeway. Right on the water there. There's been some feces floating in the water right out there. We have manatees and dolphins, so I noticed and heard you say that you test the water. So I just wanted to let you know that was last weekend. We were going to go boating, and then there's these big chunks of poop. 1825. 1825. 1825. That's the first I'm hearing. Okay. Yeah. And people swim out there.

Is that on the north side or south side of Manaman? I didn't hear the address.

It's on the north side. Thank you. North side. We lived together.

Okay, so that's more than likely Manatees. I have Manatees prepping. That wouldn't travel through there.

I've never seen it floating. I have.

A lot.

What was your name again? Laura Tubbs.

Laura?

Laura, L-A-U-R-A.

Okay. Yes, living on this river in the canals since I was three years old. First time I saw a manatee, I told some people at church when I was about eight, and they all thought I'd seen the Loch Ness Monster because it was so rare. But, yes, they do defecate. I'm a nurse. And being a nurse, what's worse than that, you think that's bad, it's when you have the pile of afterbirth floating in the canal.

I haven't seen that.

Oh, it's bad. Thanks, Skip. Especially in the heat and the sun. But the other thing is... So...

I think we got it, Skip.

One more thing. The algae at the bottom of the canals at times will break loose from the bottom of the canal and float up to the top of the canal. And you see these little black patches floating up and down the canals? That's not poop. That's just algae that's gotten enough air in it to float it to the surface.

I appreciate that. I think we all understand the difference between what manatees can do. Appreciate that. Any other concerns? Let's keep it to what Brad's going on right now. Anybody else that wants to talk about public comment, at least for Brad at this point? Janice? Go ahead, Janice. Was it about this or no?

No, not about 4th Street.

All right, well, let's do all the 4th Street stuff first, and then you can do it at the end.

I think Jen's on 4th Street.

Jen Burke?

Jen 4th Street Burke. Jen 4th Street Burke, okay.

Mows her own grass.

I do mow my own grass. Good evening, Mr. Mayor, commissioners, city manager, and other city officials that are here. And then I live off of 4th Street South. on 6 Westview Lane. This evening, as I come before you, it's with a heavy heart regarding this recent sewage pipe break during the lift station project along 4th Street. The break caused the human, feces, excrement, poop, however we choose to refer to it, and the toilet paper flow out along the road, the sidewalk, St. David's-by-the-Sea front lawn, into our storm drain into our canal. We live at the end of the canal, and it was right there. And my 16-year-old did take pictures of when the city workers were back in there, and you could see it floating, and you could smell it. How the incident has been handled and any updates communicated. And again, as I wrote this tonight, I sincerely appreciate how Brad and Skip did visit. I was not able to be a part of those conversations, but I do appreciate them being open for that. However, how the communications have been communicated has left me concerned and a little frustrated. Taken time to visit the city's website and to read over the roles and responsibilities of our city manager the commissioners and mayor because I wanted to ensure I best understood how to navigate this concern of mine from the roles and responsibilities listed I then recognize that there is a responsibility upon the issues to ensure the projects for the city and are thoughtfully researched, intentionally and fiscally determined, and effectively executed, all while ensuring the safety of the residents in our city. As residents, we vote for our mayor and our commissioners, entrusting you all to represent us. The residents then expect you all to ask the challenging questions to the city officials on our behalf of the projects, the updates, and the concerns for the city that we all call home. Sadly appears that there is a disconnect between the breakdown and our communication with one another. So tonight, I come before you seeking a way forward. How can we the hurts and the oversights due to miscommunication or a lack of communication? So first, regarding the leak to the canal, I understand the water samples have been taken. We now have the results. But is it safe for my youngest son, who is six, to lay on the dock, put his hands in there like he enjoys doing, splashing? And then, as you all know if you've ever had children, they don't run and go wash their hands. They go right to their mouth. Is it safe for us to be in the canal? Is it safe for us to fish off of the canal? We need to know how to navigate that. As we have this information, then how can we collaboratively work together? I do represent our group here from 4th Street South. We want to guarantee that the contract company that made this mistake, that their feet are held to the fire. We see how this impacts our city officials having to mend all of these pieces and listen to our concerns. But how do we hold them accountable? Where are the guarantees for that? Secondly, how we streamline communication for that continuous communication and any type of emergency information being shared with the residents, I feel like needs to be looked at. So we have a city website that we can go to, but even this bi-monthly commission meeting And I took screenshots. When you go to the city commission site on the city website, it says 7 PM for the commission meeting. But when you click on the agenda hyperlink and it takes you to tonight's meeting, it says 6 to 8 PM. So having that oversight for whoever is in charge of the website then ensures that we have good, consistent communication. I understand that we also have the CBNN. However, we have lived in the community for over four years and don't know how to use it. I just went today and looked. And to see the account, you have to set up. It even asked for a picture. And that information, whereas within the Brevard County Emergency Services, I can apply, put my phone number, and I receive all types of notifications. Even this evening, there's an alert down in Melbourne about rabies. So we have this very quick method of communicating with our residents of what's going on. One of my thoughts in how to effectively communicate when it comes to the CBNN, if that is how the city chooses to share information, is to utilize the yearly check-in points with citizens when they get their parking permit. You all do a great job of putting that little flyer in that says where you can safely park with your sticker. Why not also include a little flyer that shares with you how to set up your account and how to stay connected. It provides that touch point so that way any new residents or current residents know how to better be connected. So Mr. Mayor and Commissioners, Mr. City Manager, and the rest of you all, I appreciate the time to share the concerns that weigh heavily on my heart and mind. Because of all the places that I have ever lived, Cocoa Beach feels like the most like home. It's a home that I want to ensure can be enjoyed not only by my children, but the generations to come. And it's our responsibility, together and collaboratively, to ensure we make good choices today for ours and their tomorrows. Thank you.

CHRIS RODGERS- Jen, thank you for your comment. Ken, you got my cell number, so you can always call me. And if you want, please feel free to share it to everyone on your block if they want to call me. You guys have my cell. And any time your husband's called me, I've always answered and tried to answer him as quickly as possible. So thank you for your concerns. And if it wasn't for actually your husband calling me in the first place, I wouldn't have known some of the stuff that was going on. So thank you. Is there anything of that that you need to address? The swimming, can people swim in that canal?

I don't know what the levels of safe swimming are in waterways, so I cannot accurately answer that, but I would not at this time. I think the bacteria levels are high. I would advise against it.

Okay. And not just in that area, the entire lagoon?

The entire lagoon, yes. Not just this area.

Right. Through that testing, it was determined that it's It's not any different in that canal than it is in any other canal throughout the city and actually the entire lagoon, as I just said. Correct.

I would like to say one thing, though. She mentioned that we need to ensure that projects are effectively executed. And this project was not being effectively executed. And that's why we had to take action as we did. And the conditional agreement that we now have with the contractor holds them more accountable if something else does occur. So our legal team is covering the city's bases when it comes to that. And like I said before, I am open to speak with these residents any time to give them project updates because I care about this community too. This is my home. I've been here for 16 years. I care about the city of Cocoa Beach. I care about the residents, the business owners, and it's my job to protect what goes into the canal.

Real quick, Brad, too, because a lot of these people weren't here last week or two weeks ago. Could you explain to them that you had to stop work and what kind of happened and why you had to stop work just so that they understand that you guys tried to take –

Well not legal but that that they understand that you were trying yet if I may if I may The only thing I think the best way to say it is that the city staff pulled the nuclear option to stop work on that site as soon as Brad found it to be unsafe and And it was a big deal, and it's never been done in the history of this city that I'm aware of or a lot of other places. And it involved a ton of attorneys. It involved a ton of weekend work on the part of Brad and our city staff, and a lot of legalese back and forth between three or four parties, including the bonding company associated with this project. And Brad and our city attorney would not allow the contractor back on site unless the bonding company and our needs and demands for extra safety measures were met. That included a ton of back and forth, and eventually we got to where we wanted. Did I say that correctly?

Correct.

Thank you. That's what I wanted. Thank you.

And additionally, adding to that, the bonding company, they have a representative that's going to be on site at the project once or twice a week. So they're also keeping an eye on their contractor.

Okay. Thank you. For folks who may not be familiar with projects and commercial contracts, what is a bonding company? Why does that matter?

So... Every contract that we typically do, at least on the wastewater side, we have performance bonds and payments bonds. The performance bonds gives us the ability to protect the city if something should go haywire like it has. We have the ability to shut contractors down, use the performance bond money, if you say, to pay another contractor to come in if the bonding company deems the contractor

default so effectively where we're talking about holding folks feet to the fire as a company you mess that up the future gets more difficult for you and so there is real teeth to that there is meaning to this I just wanted to make sure it was clear that there is holding feet to fire happening and it's tangible it's real that's what I was getting at so thank you any other public comment that yeah go ahead

All of the river, but that's not due to us. It's just that's what the river is right now. Name and address, please.

Yeah, my name's Elliot Mosley, and it's 7 Yall Drive. So I'm just down 4th Street as well. I just had a couple of quick questions. The first one, so nobody seems to deny that we had a sewage leak that went into the canal. And one of my questions is, is that not a reportable incident to like the EPA?

We reported it three times.

Excuse me?

DEP was reported on that site problems three different times, including the big one at the end.

Okay. So it was reported.

Yes.

Okay. And the second comment, I guess, on communication, you know, I mean, you guys send out emails. We got an email explaining the project was coming, what it was going to involve. on the lift station at 4th Street. And then it was radio silence. It's nice that Brad's saying he's going to talk to a few families, but those are just two or three of the 100 people or 100 families that are in that area. I don't understand why there was not more information communicated online. Because you talk about the project before it starts, but you didn't do anything. when we started having problems and issues. And that's, to me, that's the worst part of the whole effort here was that we had no idea what was going on. You know, it's just zero communication between the city and the people in the area. And it seemed to me like a very easy solution to put that same kind of information out that you do before a project when you have an issue before. So that's my issues, thank you.

Thank you, sir. I agree with you. We could definitely do better on communication, and I think the city manager also hears you as well. Thank you for your comments, and we'll take that to heart. Thank you. Any other public comments? Name and address, please.

Gloria Mongan, 2 Yall Drive. I just have a couple of comments that are kind of in reference to Elliot's comments, but it has to do with St. David's because On a Thursday before the project was to start on Tuesday, I received a visit from Brad, and basically our driveway was going to be closed. It's become much more than our driveway being closed. It's been loss of sleep, weekends for us as well, with power outage due to the contractor damaging the power lines. The pole was cracked. Those types of things. Once the work stoppage happened, we were basically told that we had to work with the contractor to make things happen. So that's when we had to get our legal people together to come up with a lease agreement with the contractor. So I encourage you, for any projects from now on that involve any business, please, please, Give them the information up front. I understand the problems that have happened this. I've been there every step of the way. I've cried. I've yelled. Brad and I have had quite the relationship. But it's just been heartbreaking to me. I've had to separate myself from working at the church versus being a resident because I've seen the stuff going in the canals. It hurts me dearly. Love our manatee. Love our dolphins. Love our people. Love our community. But for businesses, it's been a hardship on St. David's. And we now, yes, we feel like we have a lease agreement in place with this contractor. Now, we're still waiting for them to come through with it. But that was something we never expected. We thought the city would be behind us. We're a business here. We have many residents that come to our church. And we're very proud of our church. And, you know, it is a business. So please, if there are other projects affecting businesses, please be more forthcoming to them, with them, work with them. Don't leave them high and dry. Thank you.

Thank you. City Mayor, do you want to say anything on that?

The only thing I'll say with regard to that is I agree completely. It was in the contract. that the contractor signed that they would prior to the, and Brad, correct me here, prior to any movement or construction on that site, that contractor was to have an agreement with the church. That was in their agreement with the city.

Am I saying that clear? Yes. The specifications and the plans of the project required the contractor to work out agreements with adjacent property owners if the property is going to be used for project purposes.

And they did not do that?

That did not occur.

And we didn't know that?

I did not know it was going to be as the extent that it has become. As Gloria stated, all I know is that they submitted a maintenance of traffic plan to shut down their driveway, and that's all that I knew was going to happen. Next thing you know, they're taking up half of their eastern border of their property, and they're creating a mess out there. And I do feel for the church, Gloria and I have been, very close over the past month. I thank her for her patience. She's been very patient with me. So thank you.

Thank you. Thank you for your comments. Any other public comments on this matter at least?

I would just like to say one thing to the community, if I may. I agree on the communication side. I completely agree that we, as a staff, need to do a better job communicating something like this to you all. So for that, I apologize. That's on me. I'm the manager here, and we will do a better job next time on the communication of this.

And on that note, if you guys don't let me know that stuff is happening in your community sometimes or any of the other commissioners, we're not in operations, so we don't necessarily know What's going on or what's happening? So sometimes we need we need to know this so that we can get information for you because we are liaison between you and the and the city. So, you know, feel free to reach out to us. And, you know, sometimes we don't know stuff's happening until until it's brought. So. So please do that. Public comment on this still. Go ahead.

Hello, I'm Walter Blaser. I live on 3rd and 9th West View Lane. Okay, with regards to this project, okay, a couple of things. Communication breakdown was awful. Okay, well, it was excellent. Nothing worked. Okay, one of the major things that I'd like to have addressed is there is nobody you can contact in the city because I called everywhere. Every number that I could find in the city, okay, or is public works or wherever, okay? We're here Monday through Fridays, 8 to 5, or whatever the mess is. There is no emergency number, okay? So, and one additional thing. The school pickup works perfect every time because they're not being obstructed by anything that's happening down the street, all right? Now, every day, Okay, that line forms, and it goes through the circle, and it doesn't matter where it comes from. Colonial, no traffic. Zero. Or very little. Okay, I'm sure people live on Colonial or whatever. I've got pictures. There's three or four cars parked at the north end of Colonial. You can just everybody go that way. Inconvenience, everybody west of the school go on that route. That's all I have.

Thank you.

Thank you, sir. Appreciate your comments. Uh, city manager, is there, is there an emergency contact or is there a way for residents? Is it, is it the police on non-emergency line or?

It is. Um, but I, I, I actually wrote down his comments so we can take a look at that.

Okay. Yep. Thank you. And I really do appreciate all your comments because, you know, without, without your comments, we can't fix. We don't know what's wrong. So thank you for that. Any other public comment on this? We can, but I want to get this out of the way so I can get Brad relaxed.

So let me address that. If you guys want to get Surf Rider, your email address, sign up to their website. They send out water reports every week Beach sites, river sites, all the way down to Palm Bay area, all the way to Titusville. Ramp roads on there now. And they tell about bacteria levels. And green is low, orange is moderate, and red is high. And it doesn't break down. You know, this is E. coli or some other thing I couldn't pronounce or whatever. But there is bacteria activity in the waterway. So for somebody to say what was said here tonight, don't swim in the lagoon, that's like saying don't swim in the ocean because there's sharks out there. Okay? It's not a blanket thing that the whole lagoon is you're going to get sick if you go anywhere in this entire lagoon. Like I said, I've lived on this lagoon, this river, and the canals since I was three, okay? So, and the other thing is, if anybody wants to do a little bit of informative research on E. coli, you'll find out that it's a naturally occurring disease in your current bodily system at a healthy level. I'm not saying it's okay to be into, you know. It's true. Call me on it. Call me on it. It's true. It's true.

Thank you, Skip.

He's not only a rocket scientist, he's a doctor. But the thing is, too much of a bad thing is bad for you, okay? So if the level is four times Healthy swimming level or 20 times the healthy swimming level in pet Pueblo when they had their big Sewage spill it was 24 times the healthy swimming level. Okay, so I would say don't swim, you know, but you know to say don't go in the lagoon and and if you want a litmus case and Twice since the sewage bill, I've spent 30 minutes to 45 minutes in my canal cleaning the bottom of my boat.

All right, Skip, come on.

And I'm not sick. I'm not sick. I do get out. I do wash. I do take a bath. I do use soap. And I'm not sick. have had no ill effects, and I'm in the same canal that the sewage bill was. So either I'm some kind of miracle child, or it's not as bad. We've got to keep this going.

There's no disrespect here with you, but I think you're missing a point. There was obviously sewage leaked into our canal, which is not a normal thing. So several people here are upset about that. We understand E. coli is part of the bodily function. It exists in nature. But I think just here what we're concerned about is the lack of communication. I agree with that. And the risk we run knowing that raw sewage went into our canals where we live, where we enjoy our daily lives. So please don't make light of it. I'm not trying to make light of it. We feel sorry.

I'm not trying to make light of it. Thank you. Yeah, we understand it and we hear your concerns and we're not trying to, well. The rest of the commission, he's not trying to make light of it. He's long-winded. So we understand that.

Mr. Mike, is it fair to say that from the testing that we've seen, it does not appear that the release impacted the lagoon on a large scale? The lagoon has been... say, unhealthy for some time. This doesn't appear to have made it worse on a large scale. But the testing does not show that there is a regional impact, that probably the amount of release into a large body of water hasn't made it better. But in terms of change in safety for folks being in there, the major factors that are driving unhealthy status of the lagoon are still in play, the releases, the runoff, the sewage systems in other cities. Overall, the concentration that Cocoa Beach makes net each year, and this is something we track, is positive to the lagoon. This incident did not help that. But in terms of affecting lagoon safety, From what I'm hearing, and Mission, please, Brad, please, that there's not an overall apparent impact due to that to whether it's safe to swim or not swim in the lagoon. But Commissioner Williams, I think you're saying there are resources available that do tell you about lagoon health. Please use them safely. But the testing that we've done has not indicated a change. Is that fair?

Yeah, no, I think you got it. And I truly think he was just trying to explain what he said, but he was a little bit more eloquent when he speaks because I'm not good myself. But yeah, we've heard what you said. The staff has taken note. Our city manager has taken note. We have all taken note. And like I said, if you want my cell, you can get from Jen as well. But thank you for your concerns. Any other comments on this? Yeah, go ahead.

Walter Blaser again. What is the level in the canals? We know it's been tested and it's above normal. How far above normal? Is it safe? Is it unsafe? I know that Laguna, I've been 40 years in the city. I've been swimming. I haven't died yet. I was under my boat for three hours last Sunday, so now I'm walking.

Okay. Thank you. Thank you. From what I understand, all the levels were identical? but I don't know what the levels themselves were.

And Brad already said he doesn't know what the safe level is, so that's going to take more findings.

So I suppose, if you don't mind, we can try to look into that a little bit and maybe get an answer for you, at least by next commission meeting. But thank you for that. Any other comments on this? Okay, let's go to regular public comment. We'll kind of close this one out for now. Go ahead, Janice.

Find that information.

Janice Scott-Kobeach, and I'm not involved in 4th Street, thank goodness. But they did bring up an interesting subject that's sort of a pet peeve of mine, and after all these years, I probably know every department's phone number by memory, but the communication with the phone system is terrible. You get a number, and it just goes wonky wonk, and then press zero and get the operator. I think that person might end up being coal. But anyway, just think it's the right thing to do, and we used to do it many years ago. Answer the phone, if it's voicemail, and say what department, the name of the person you've reached, because you just don't want to leave a message at the fire department for Publix or something. So my comment about the communication also has to do with about the roads. I love it. I love this subject because, first of all, I'd like to request that someone make a motion to insist that they replace the commercial size and weight limit signs that were removed off of North Banana. That's a residential road. I know people cut through there, get to 520 when the roads open. But the delivery trucks going to Publix, the 18-wheelers, Starbucks has a truck there blocking the road 9 o'clock at night. And I think it is a problem that could be solved easily. As to the having to repave the roads, I think that's in the capital plan or should be. But the deterioration on my street, and I drive around the city a lot, it's from the contractors abusing the residential streets. The three projects recently on my street, we all want people to renovate their homes, do whatever, make improvements, paint outside. They could show up. They get a permit, probably online. And they don't seem to have any oversight from the city. Once they get that permit, they show up like they own the place. with tractors, trailers, dumpsters dumping gravel in the roadway, then a bobcat scraping up the gravel. Then two days later, one comes with sand or dirt. They don't get it all out of the road. And those bobcats really damage the road. If you drive down my street, you'll see two projects in progress. But, you know, I knew some guys, they came and they renovated this, painted it, fixed the pool deck, did everything. You didn't even know they were there. So what the biggest peeve about that is, is residents are paying $240 a year now for stormwater. And all this sand and dirt and all this cement is going down the storm drain. The one project that I am referring about, has two storm drains. So they have double access to putting all this construction material in the river, which is right across the street. So anyway, I wish somebody would be assigned to drive the city once a week. I can do it. You want to pay me? Pay me the big bucks. I'll do it.

That's a great idea, Janice, actually.

I agree. Anyway, you got the gist. Thank you.

Thank you, Janice. I agree. All right. Let's go on to the next public comment. Reminder, public comment is three minutes. Go ahead, Rick Anderson. Step on down.

Rick Anderson, 1800 Minutemen Causeway. I just want to remind everybody that Monday is Labor Day. And sometimes we have holidays. We have Memorial Day, Veterans Day that commemorate our soldiers and our veterans. We have Fourth of July. So sometimes it's easy to think that maybe Labor Day is not on a par with them. But I just want to remind everybody that labor built everything that we have, everything we take for granted, the interstate highway system, the bridges, the power lines, everything that we have. And just one labor story about the shipyard during World War II, where 12,000 workers, 2,000 of them, built a Navy destroyer in 17 days from the ground up. And then they built another Navy destroyer in 17 days from the ground up. A total of 83 Navy destroyers built at one shipyard for the course of World War II every 17 days on average. That's what we can do. If everybody works together for the same cause, that's the kind of thing that can be accomplished. Labor Day, for many, it's going to be just a day off. And for those of us in a beach town, where do people go on their day off? They come to the beach. So a lot of people in Cocoa Beach are going to be working on Labor Day. But wherever you are, please have a happy and safe Labor Day. And please remember that there's something worth commemorating.

Thank you, Rick. Last year, you did a little history thing too. That was nice. Lauren, did you want to speak again? I do. OK, come on down.

Again, I'm Laura Tubbs at 1825 Minutemen Causeway. Dear commissioners and mayor, I'm writing to respectfully express my concern regarding the use of the name dirty nudes within our community. As a Christian community many of us value maintaining an environment that reflects dignity, respect, decency, and consideration for families and people of all ages. The name Dirty Nudes is offensive and inappropriate to many residents because of its sexual and suggestive connotation. Regardless of the intent behind the name, the words themselves can be perceived as vulgar and inconsistent with the values that many families in our community strive to uphold. Community names, events, businesses, and public-facing organizations become part of the character and identity of the place we call home. They are encountered by children, families, visitors, and older residents. I believe we should be thoughtful about what names used in our community promote an atmosphere of respect and reflect the standards we want associated with our community. We want families to come here for vacation. I'm not asking that anyone be judged personally or that individual beliefs be disregarded. Rather, I'm asking the commissioners and the mayor to consider whether a name with such an offensive and suggestive meaning is appropriate for a community that takes pride in its Christian values. and family-oriented character. I respectfully request that you all review this matter and consider whether a more appropriate, respectful name would be used. A name that promotes our community's values would be more welcoming to residents and visitors alike. Thank you for taking time to hear the concerns of community members. And I hope you will give the matter thoughtful consideration and help preserve the dignity, respect, and family-friendly character of our community. And I have a little more to say. As I was looking up city ordinances, it would be nice to have a city ordinance regarding name. And the closest thing I could come up with was your section 13.1-1. FS 817.41 that's adopted. It says, it shall be unlawful for any person to commit in any act which has a rational analysis to the city of Cocoa Beach, which constitutes a violation of misleading advertising. That's prohibited. The reason I bring that up is because Dirty Nudes is a ramen noodle place. But envision yourself at the parking garage, which is lovely, and I go charge my Tesla there quite a bit because it's cheap to do that. And you're walking through past the VFW, and there you are. There used to be a subway there with your grandkids or your children. Oh, I'm sorry.

Three minute. Are you?

I'm about done.

Yeah, you're good. Go ahead. OK, thank you.

And there is a leg with a fishnet stocking in there and a noodle, although it could be considered as just a string wrapped around it. And you come across and you see dirty nudes. What do you think it is? I can tell you that my significant other thought it was a strip joint. And that's where you come with misleading advertising. Dirty nudes. So I want my children, when we're walking to Cocoa Beach, to see a family-friendly environment. Dirty nudes does not represent that. So I just ask for that to be considered as a violation.

Thank you. Appreciate it. Just so happens that Mark Granger, you're up next.

I'd like to withdraw my request.

OK. We will go on. Yeah, go ahead.

KP Thinker, 197 O Lane. I hope you hold up the First Amendment, and if somebody names this restaurant Dirty Nudes, we do not see that as a sexual thing and a stalking and a fishnet. If that is offending somebody, I would highly recommend walk by it.

Thank you, sir. Does anybody know, is it spelled N-O-O? D or is it N-U-D-E? Spelt like noodle. Okay. Just wondering. All right. Dan. Fans. I can't read that. Come on down.

Hello, Dan Finnelli, 1825 Minutemen Causeway. Guys, please. Distinguished Commissioners and Mayor and all of you, thank you as well as everybody here. Thanks for being here, and I want to thank the firemen who have done amazing work for us to protect us. I was going to initially talk about the card I put in, but The proclamation about 9-11 and also the suicide prevention are two things that are close to my heart. I was a captain on board an aircraft flying to Washington National on 9-11. I actually spoke at the Washington Monument at the five-year anniversary. I spoke at the National Cathedral in Orlando at the 10-year anniversary. These things are important. I know it might be a hassle to organize. I won't deny it. But history has a way of repeating itself if we don't remember what we learned. Blood is spilled over and over again because we forget about what happened in the past. I feel it important for our children, but I feel it important for our whole community to be aware of that. We all probably remember that day and maybe lost people. I had a friend of mine went to the Naval Academy with me dead from that. He was in the Pentagon when that plane crashed into that. So I ask in the future that we consider remembering this is the 24th 25th anniversary, but I believe it's important for things like to consider it. To carry on from that, I'm a veteran, a 20-year veteran. I was a Navy pilot and I I'm actually trying to have some kind of a Bible study at the VW, actually. Why? Well, because veterans, I mean, suicide is the topic here, the second topic in proclamation. I remember buying a t-shirt when one veteran was killed, committed suicide every 22 hours. It's about one a day. We're at 17 veterans per day that commit suicide. 17. It's unbelievable. It's an epidemic. And so I have flyers for anybody that's interested to come to the Bible study. The Bible study is for veterans. It's for first responders. And it's for anybody interested to please come to that Bible study on the 24th of September at 1130 to 1230. These things I wasn't planning on speaking about. It's just that they're here and they're important. The one last thing, and I see there's 28 seconds, and I'll try to make it really brief. The bicycle, when you're walking on Minuteman Causeway, this is really important. There's a requirement to have a horn or a bell when you're riding your bike to notify the person you're coming. And I'm sure many of you walk on there. I certainly walk on Minuteman.

Is anybody else here on Minuteman? I hope.

Look, it's good exercise. The bike thing, the horn or bell needs to be enforced so that people are aware they're coming. I'm all for riding bikes and I'm all for exercise. So our students need that. But we need to make sure it's done giving notice appropriate. And I wish in some way our law enforcement or whoever would be monitoring it, somebody's out there to make sure they've got horns or bells and that they use them. I thank you for your attention.

Thank you, sir. Appreciate that. Chris, real quick, let me just ask a quick question. Is it lawful to do a safety or equipment check unprovoked on a bicycle or a kid?

I didn't hear the first part, Mayor.

Is it lawful to do an unprovoked safety check on a bicycle or e-bike?

It's a consensual encounter. If we stop them and ask to speak to them, that's not usually how we conduct business because it's within our policy that we would contact the parents. And I don't know if many parents in here would want to receive that phone call that their kid gave me the right to stop them and check their bicycle. But what I can do is meet with this gentleman afterwards. We can utilize our new e-bike and step up patrols in the area.

Okay. Thank you. Yes, sir. Appreciate that.

All right.

Yeah, well, you come up, please. Yeah, you have to. That way you can see your name and address and you have three minutes to...

This is a question related to the bikes.

Cordelia Wood, 13 Yall Drive. My question is related to the bikes, electric or non, is there any kind of safety class that they're required to go through? Just like we get licenses for driving our cars. I just remember growing up that we did some kind of safety instruction with our bikes on the rules of how do you signal, you know, when you're riding your bicycle, you know, I'm stopping, slowing down, I'm going to the right, I'm going to whatever. And if you're coming up upon a pedestrian, you're supposed to verbalize, I'm coming up on your left, I'm coming up on your right. so they can hear you because they can't see you because they're right in front of you, right? And even if they see you, it's still etiquette. Is there any kind of course or class that's required? I mean, maybe that's something to consider, that if they're going to be allowed to ride their electric bikes or their regular bikes, they have to get a license, don't they? Just a question. If they're getting a license, then maybe they need to go through the course, and that might help because that is an annoyance for me when I'm walking and just riding on a bicycle. The kids... You know, they think I know they're behind me. I don't know they're behind me. It's not a noisy thing necessarily. So then they get upset because I didn't move out of their way, you know. So that is a pet peeve of mine. But anyway. So is there any kind of class? Thank you, ma'am. I mean, just asking.

There is no class on that currently. It's not required because they are classified as basically the same as bicycles at this point. Unless they're over, I believe it's... Was it 250 watts or 500 watts or something like that? So there's a requirement for them to have a license or a class or anything. Now, I'm all for if we could do something with the school and have a class like maybe once a quarter or something, like a one-day thing. I'd be okay with that. But that's something that we're going to have to try to see if we can set up with the school. We haven't done it yet. I would be open to discussing that with city staff or with the schools.

Okay, I guess you misunderstood me, but bicycles, too, not just electric bikes. It's the same thing.

They're classified the same as data. That's exact.

So, Mayor, you should be aware that the Space Coast Transportation Planning Organization has a full-time person for bicycle safety. Reports every month are off meeting they have. And they do go, and the police chief can tell you, the fire people can tell you, that they go to the schools. every year and bicycle safety courses and they'll do more if they're requested to do more. So those courses are out there. They're available to any school and they've been ongoing for years. They actually keep statistics also and that's on the Space Coast Transportation Planning Organization website under bicycle safety.

Thank you. I believe that's all we have for public comment and we're going to go All right, before you, more behind you.

Since I'm here, I think I'll go ahead and say this. And real quick, usually... This is Elliot mostly, again, 7 Yall Drive. Hey, where's your dog? Huh?

Where's my dog? He said, huh.

But anyway, about... don't know two or three months ago I called Department of Public Works and told them at the corner of Street and Orlando going south there's a great big pothole and the corner there where people drive where they make the turn and the response I got back was it's not our responsibility it's the responsibility of whoever the county or maybe yeah DOT whatever And then they came in and redid that whole intersection with new pavement and stuff and left that same, so now we have that same great big pothole that anybody who's turning to go south from 4th Street on to Orlando. I mean, I'm real watchful of it, but I watch, I see it every time I go there and it gets deeper and deeper and you know people are just going through that and damaging their car. It seemed like it would be so easy to throw a little bit of of asphalt into that corner so that people wouldn't have to do it. It's a very busy place because that's where all the people from the school come and turn to go south. Thank you, sir. Maybe it's not our responsibility.

No, I appreciate it, and I can see the city manager putting stuff down right now, so I'm sure he's going to follow up with that. So thank you. All right. Public comments usually limited to one person, but we'll go ahead and go. Fred, trust.

Come on down. Oh my god, finally. Good evening, mayors and commissioners. My name is Fred Trost. Pauline and I own the Wizard's Museum in the North Way. I gave you a one-page handout because I think the picture explains our situation better than the description. Our museum occupies three adjoining buildings, and we are creating one continuous visitor story across all three of them. At the first building, may have the visitor encounter ruby slippers. In the second building, you want to make it, they follow the yellow brick road. And in the third building, they actually go toward the Emerald City where they enter into the museum. This is not three different advertisements. It's one museum experience told across all three buildings. The proposed Emerald City mural is a building that is approximately 75 by 20, so it's on 1,500 square feet. It had no price, no phone numbers, website, no sales offer, or any call for action. It does not even contain the museum name. Its art is a complete story. Yet, because the Emerald City and other elements that related to the Wizard of Oz, the current ordinance could treat that artistic image as business related signage. This creates a question I respectfully ask you to consider. If the same MLC were painted in a building unrelated to our museum, it can be viewed as the art. But it should be the same mural used as the commercial line became a museum whose subject is the Wizard of Oz. The distinction matters because we are generally functioning as the cultural and traditional institution and tourism attraction for Kokubi. We are right now number one attraction out of 190 things to do in Kokubi on TripAdvisor. We also number five art museum in the USA by travelers ranking on TripAdvisor. So we qualify as the art institution. We received four years in a row travelers choice recognition from TripAdvisor, four years in a row operating three years in Cape Canaveral. We recently, last month, we were featured in a Fox 35 from Orlando. We also featured in Orlando Sentinel. They recognize our what we're bringing to the community.

Real quick, you just had your three minutes real quick. I'm not trying to stop you from talking, but the main thing that you're asking looks like you want murals on all three of your bills. Is that right? What I want to do, I don't want to make it any exception. But you don't want any writing on other than the one side, right?

Yeah, that's right.

Can you explain to me the difference between that and Jazzy's Mainly Lobster or Coconuts on the Beach or...

I don't think now's the time to actually get into that. We've had communications right now with Fred. We're in communications with Fred. He's aware of the stance of the city. I can discuss at another time. But getting into communications about different businesses is not during public comment right now.

All right. So, Fred, the three minutes, I understand where you're coming from. I'm going to discuss with the city manager more about this and I'll better understand.

I'm going to make sure you check into the, get the city staff looking into the orders.

So, I give you my word that I'm going to talk with him and figure out what it is. Thank you. Thank you for your time. All right. That was a lot. That was the most public comment I think we've ever had. All right. Staff reports.

Good evening, Mayor. Just a few tonight. The city parking garage has been closed off and on while the continued rehab of the conduit has been occurring. We anticipate it to be open this weekend, and it will be off and on different floors for a few more weeks. Currently, yesterday, the road bathrooms had to be temporarily closed, and they're expected to be open tomorrow morning. The gravity sewer pipe repair on North Banana and Clea is in progress, and the commission expected a few weeks. Staff met with a representative from the state fire marshal's office this week to go over the parameters with our $4 million grant for the fire station on the north side of the city. And just ensure around as well. And next meeting, Senator Mayfield will be here to present a check for that grant. That's all I have. Thank you, sir. City attorney.

No report from office this morning.

I only have things.

Okay. Skip, go ahead. It's your turn. Your time now.

I'll pass.

Okay.

I have a question from the commission. Me and the city manager have talked about this a little bit. Since we didn't vote on the 4th Street charging for the boat ramp, is everybody on the commission pretty much okay with that?

I have registration. My reservation's on it.

Ramp road, yeah.

Okay with what?

Charging for parking at Ramp Road. Yes. You're okay?

Okay. They don't charge people that have parking stickers.

Well, I'm just torn because I've been here since before they were charging even for the beach.

We spent a lot of money on that park.

I know. I know. So I just want to see. Obviously, I'm not going to make a big lot if everybody else is for it.

It's good to get money back from the people that come there that aren't residents who use the park to pay.

And I see where we can, as residents, we can pay $20. Everybody gets to use it. I see that a bit as well. And honestly, it probably keeps more of the outsiders from interfering with it as well. But I just wanted to see your guys' view on it. And I'm not going to push it any further than.

Anything else?

That's it for me. Okay.

Consent agenda.

Consent agenda. He wants to pull item two. Okay. Tim wants to pull item two from consent agenda. We got a motion with pulling two.

Do we need a second?

I make a motion to accept the consent agenda minus number two. Second. Second.

Okay. Motion and a second. All in favor? Aye. Motion passes five. Let's remove the consent agenda. Oh, sorry.

Consent agenda. Go ahead. Very good. You want me to read the consent agenda even though it was just very good. Just number one. Very good. Item on the consent agenda was approved on commission meeting minutes August 18th and August 20th, 2026. Staff representative of the city clerk department and the recommendation was to approve.

Move to approve. Second.

Motion and second. All in favor?

Aye.

All right. Items removed from consent agenda. All right. Very good. This item is to approve a one-time request to conduct the oath of office for newly elected officials at the November 19th, 2026 City Commission rather than at the first commission meeting in December as provided in the commission policy. The recommendation is to approve.

Move to approve as read.

Second.

A motion, a second. Any discussion?

Yeah, I'm just wondering why this is even on the consent agenda.

Well, in the genesis of why we normally would do that in the first meeting in December is because traditionally we usually cancel the second meeting in November because it's so close to Thanksgiving.

And the second one in December as well.

Yeah, because it's so close to Thanksgiving. Well, Thanksgiving this year is the following week after the 19th. And the supervisor of elections, I actually taught her. And she says that the results from this.

The supervisor of elections, Tim.

Yeah.

Tim.

Well, the lady that answered the phone. I'm sorry. The supervisor of elections office. He was identifying a female that day. He might have been. He might have been. I don't know. So, and they. assured me that they would have certified election results on the 13th of November. Therefore, there is no real reason not to go ahead and do the swearing in of at least one new commission member on the 19th. And then the regular organizational meeting where they say who's going to be going to this meeting and who's going to be on that board represented and all that will still happen in December. But the swearing in for the oath of office will be on the 19th. And I imagine whoever's getting my seat would like to get started and get them running. And we have another seat that's going to be for election. So I don't see any reason to wait till December.

hear you um i might suggest that that we have an inauguration like the president does so it's the same time same day every year not on the january 20th but um have the same day every year so we have a consistent date to have the oath of office but our commissioner's um sworn in well we only have elections every two years so why would we do that every year every every two years That's what I misspoke also. So I guess we're even on that stance. But apparently there's going to be an issue coming up in a future election where there's going to be a discrepancy on the time of election day.

I did a two-year term. And the code states if you're in office for two years or more, it counts as a full term. I got sworn in a week before that two years up, so technically my first term was in two years. So that's what he's referring to.

There you go. So you got sworn in not on the day of the meeting, but a week before the meeting, so that it would be less than two years. And that's exactly what I'm talking about. We need to have some sort of consistency with the date that we get sworn in rather than just arbitrary picking a day every year and, you know, using legalese to skip through certain things to be able to avoid a...

They get elected on November 3rd. The 19th. That's 16 days later.

Let's get them going. It's due on the day that you were sworn in. That's your actual dates. I see what he's saying. The thing is with that, it wouldn't fall on a Thursday every two years. It doesn't matter. January 20th doesn't fall on the same day every year. So if you want to do it like that, we can do it where it's no matter what day it is.

This is a one-time exception for this year.

I'm bringing up a point here, you know, because I see this.

It's not changing the policy overall. It's just doing a one-time exception for this year. I understand that.

Two separate issues.

And there's no potential of somebody getting sworn in before and making less of a term or more of a term.

It's just, okay.

Okay, any public comment on this? Go ahead, Janice.

Janice Scott, Cocoa Beach. I have a problem with people getting sworn in before the vote's certified by the supervisor of elections because we have had recounts. And of course, supervisor of election knows he's going to do a recount. But I just think to keep it straight and narrow and not have any arbitrary, this commission does the next commission or some other kind of thing. I don't quite understand. The point of not waiting until after the vote's certified and just do it as it's always been done. Thank you.

The voting will be certified on the 13th. No way it's going to be certified on the 13th. Yes, it will be. Nope. Even when they had it, Carolyn can attest to it, when her and Gautreaux were neck and neck election night, there was a four-vote spread, did a recount, and still got certified on time. And I can tell you it. I got sworn in before December. I don't know when we changed it to December. The organizational meeting was always in December, but I've been sworn in before December. I don't know exactly when these things changed over the last 19 years that I've been in office, but I didn't have to wait until December, the time I got reelected, to get sworn in. So it's a one-time change, and I'm in support.

I'm curious as to why you want to do that. I mean, it obviously came from you. I'm just wondering, is that a date special for you or something? It's a matter of a meeting.

The 19th isn't a special date.

One less meeting for you? Well, that way you don't have to. After 40 years.

Do you guys want to have to prorate my paper number by three days? I will give you the other 12 days in the bank paper.

I don't think it's really that big of a deal at this point. I do see Tim's reasoning, but I think at this point, this election doesn't make that big of a difference.

All right.

I just wanted to say.

Okay. I'm good.

All right. Mission policy says December. You want to accelerate to November. One time. This time.

Okay. So all in favor of Skip's one-time change? Was there a motion? I think there was. Yes. Okay. And a second.

Very good. There wasn't a motion.

I moved to approve and he seconded.

Okay. All in favor? Aye. Motion passes 4-1. All right.

Unfinished business. Yes, thanks, Mr. Mayor. I'm under business to approve the acceptance of the quick claim deed from the U.S. Department of the Interior, National Park Service, conveying the surplus property located at 3570 Ocean Beach Boulevard to the city of Coe Beach for park and recreational use. Staff representative is Taylor Malato, project manager, and the recommendation is to approve.

Move to approve as read.

Second. Motion and second. Any public comment on this? Any commission comment?

City Manager, what is the constraint on the building timeline?

Yeah, come on up, Brooks. I'm going to give you my version, and he'll give you the right one. Got it.

And the reason I'm asking that, that is going to be a hard strain on our expenditure for next year's capital.

So right now, I believe, Brooks, we've got two and a half years to finish that?

Yes. Yeah. According to the application we put in, from the time the property is conveyed, two and a half years.

Yes.

Or not just some development or what is that? It's complete construction.

Okay And we we have Currently in the budget that should pass on 17th at our meeting two hundred thousand dollars for the final design preliminary design has already been accomplished and Once we pass this I have another comment.

I

All right, well, you guys know my concern is it's going to be a consistent drain on the city. We'll never receive revenue for it, and we'll always be required to take care of a specialty park. So that's my only concern with this. So are we ready for a vote?

Yep.

Okay. All in favor?

Aye.

All opposed? Nay.

Okay, I have a comment. I'd look for consensus from the commission on before our next budget meeting. I'd like to add a no cost to the city budget line item for a restricted fund for donations solely for the purpose of the construction and completion of the ADA part, including using those funds for matching grants. And if I can get consensus in this commission, no cost to the city. I will do as I said I would do, and I will pursue monies to help offset the city's cost for that park, plus also working to get grants. And there's other opportunities, both state and federal, that are available. And in my off time of the commission, fully retired, that's what I will be dedicating my time to with the consent of the commission to create that account. So the money will have a place to go, and I don't have to sit on it and then divvy it out some other way. This way, it's in the city's coffer. It's in a restricted account. It can't be used for anything else. It's nobody's slush fund, and it'll help offset those costs of construction.

I would be OK with that, but let's hear from Devin.

Hi, good evening, Mayor, Commissioners. So, yes, Finance Department can, with consensus from the Commission and the City Manager, to create a revenue account for donations of the park. The only thing we say at this time is that we couldn't accept any donations until after October 1st for the fiscal year, and if we do, It would have to be on a check basis just because we have an IRS regulation donation letter that we have to send to recipients who donate. And on the off chance if we had to issue any refunds, we need to make sure we have the name and address of the individuals.

Okay. I'm okay with it for sure.

Okay. Ed, Don? Any issues?

No, we just want to make sure we don't take coins and cash that we can't identify is the reason. It's for accounting purposes.

And Bitcoin. Yes. I mean... I think it's a great idea. We got consensus? All right. Let's do it.

Thank you. For the record, we have consent. Does that guarantee that you're going to be at all our meetings going forward? Only for three minutes. On each item.

I'm going to hold you to those three minutes too, Skip. Thank you for doing that, Skip, and thank you for putting that together. I appreciate that.

It took me two decades to get the park.

Well, you did good. All right.

And they said it's worth, they estimated that little .31 acre property on the ocean is estimated value of $1.25 million, and we got it for free.

And it's now not on the tax rolls.

All right. New business.

Insult injury. Thank you, Mr. Mayor.

You're not getting tax money.

All right.

We got six miles apart along the beach. 6.1 now. 6.1.

All right. Item 1 on new business, adopt resolution 2026-15, a resolution of the City Commission of the City of Cocoa Beach, Florida, authorizing the execution and delivery to the State of Florida Department of Transportation. The utility work by highway contractor agreement inviting an effective date. This resolution approves the letter of intent in utility work by highway contractor agreement for the state of Florida Department of Transportation drainage project south of International Drive to Long Point Road. This item is listed in the proposed FY27 Utilities Enterprise Capital Fund. Staff representative is Brad Caslow, Water Reclamation Director. The recommendation is to adopt.

Adopt or move to approve L1 as read. Second. Motion is second.

Any public comment? Any commission comment?

Just in case people are thinking Long Point Road is the one down there at Sebastian Inlet. That's not particularly the one we're talking about. It's a shorter project, and Long Point Road is in Cape Canaveral.

All in favor? Aye. Motion passes 5-0. We are adjourned.