City Commission - Regular Meeting

allegiance and then we'll follow it with the invocation by Pastor Keith Capit. Please stand and face the flag. I pledge algiance 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. Let's pray. Father, we thank you. We thank you for the privilege you've given us to seek your wisdom, your direction, and your purpose for this city. Lord, I pray for wisdom and discernment for our commissioners. Lord, thank you so much for uh all those who serve this comm community, Lord, and let everything be done decently and in order tonight. We ask this in Jesus name. Amen.

Amen. Amen. Okay. Roll call. Commissioner Jackson here. Commissioner Hutcherson. Commissioner Tamoli here. May Vice Mayor Williams here. Mayor Cape excused. [Music] Okay, we need a motion to approve the agenda. I move to approve the agenda. Seconded. Okay. All in favor say I. I.

Okay. Any public comments for something that's not on tonight's agenda? Okay, that closes the initial public comments. Uh looking for staff reports and announcements. Okay. Um, I am happy to announce the appointment of West Mullins to the position of assistant city manager in addition to his uh role as police chief of the city of Cocoa Beach. Uh, Wes will be increasingly increasingly involved in the administrative side of government and I'm looking forward to his help. uh and uh he's a great addition to the staff. It was it went over very well with with the staff. I attended the Bvard legislative delegation update in Vieira. Mayor Mayor Capezy addressed the delegation uh regarding the economic burden of tourism and its impact on Adalorum. Uh it uh interestingly all of the beachside municipalities have the same concerns. uh with the advalorum and the the burden the economic burden of tourism uh this this week, this weekend, today and tomorrow, uh the pool will be hosting the Cape Coast Conference swim meet. Uh we are officially into the new fiscal year as of October 1st. I want to express my appreciation to Cindy Deina, Hannah Juman, and Devin Thally regarding the closing of the books for 2025 and implementing the accounting updates, wage and benefit updates for fiscal year 26. And finally, we're doing preparation for the art show uh with the completion

of city hall and the additional green space. The art show board is adjusting the proposed site plan. Uh, Commissioner Tumulty is the vice chair of the art show and he will elaborate on some of the site plan change site plan changes that uh the board is considering and that's it. Okay. Uh, city attorney Garrett, you got anything you want to divulge? Vice Mayor, good evening. Nothing from our office this evening. Okay. [Music] So, Tim, you want to follow up on

um Yeah, I was going to actually uh talk about that. So, thanks for the uh um the uh words, but um yeah, I've been the vice chair for the uh Cook Beach Art Show for Guess for about 12 years now. Um since it switched over from Space Coast. Uh Steve Romano is the chair. Um my wife Courtney is in charge of entertainment and we've got a same group that been with uh on that particular board for the same length of time for for about 12 years.

So um we are looking for volunteers to join the board. We need some help. We're getting a little you know we've done it uh um I think too long. Typically your boards you want to move them move them around a little bit. Uh but we are going to have our main stage. Oh, Mike is getting some feedback. Um main stage is going to be here at city hall where we just put the built a new stage um rather than in the street and um uh we're looking forward to working with the city on that piece of it. Uh, I do want to ask the commission's um uh you know for the fact that I I actually spoke to our city attorney about this about selling beer on city property and it is not against the law. Uh but it would be good to have the commission's consent to be able to do that. Uh rather than having the beer trucks in the street, we want to just put it up by by the building here near the um what do you call that area down there? the um

next to the community room. Yeah, the community room down there. Um but just next to that, but outside, not underneath the building, but just outside in the there way. So, you really don't have to have permission. We're not getting written permission. Just want to just talk to to you folks. Well, you get consensus of three. That's all we need. Yeah. Yeah. That's what I'm looking at. Yep.

Fantastic. Um and uh you know that's it's um art show is the weekend after Thanksgiving of course three full days of uh entertainment and um lots of nice art and whatnot. This year we are not going to have food trucks. Um made that decision. We want to all of the restaurants to benefit fully from all the visitors that that come for the art and uh and the entertainment. So, we're looking forward to that aspect of it. Um, also the but of course the firefighters have their chili and uh we're focusing on that. We'll have get some sign makes we get make sure we get more signs up and direct folks uh over to the fire station. A lot of the other stuff is going to stay the same. The kids art's going to be where it always has been. Uh but the student art uh will be underneath the building in the parking area down here. So that's about the only change really. Um seems like it's something's changed every year. The first year we got involved in it was when we were doing the beautifification of all the streets downtown and that was it was a mess. Kind of split up the the show and then every year after that there was some something that happened that that switched it around. So, uh, we're looking forward to this being a set, um, uh, you know, format basically for the for the show going forward.

Anything else? No, that's all I got. Thanks. Nothing. Thank you.

Okay. The only thing I I mentioned is uh, you noticed that there's a couple delinquent commissioners. Well, one delinquent commissioner and one delinquent mayor. So therefore, we are suspending the rules of democracy tonight. So any vote we have will not pass by majority rule. A 2-1 vote is a failed vote. We are required by law and the city attorney and the city clerk can uh uh agree with me hopefully that anything that we make decisional tonight and we vote on has to receive all three votes for it to uh pass. Uh so um city attorney, will you please read the consent agenda?

Absolutely. Vice Mayor, good evening. Uh on the consent agenda, there are two items. Item one, approve the September 18th, 2025 commission meeting minutes. Staff representative, city clerk department. Recommendation from staff is approval. Item two, approve resolution 2025-23, appropriating funds for projects and purchases not completed during the prior fiscal year. This is a budgeted item. Staff representative Hannah Juman, finance director. AJ Hudson, city manager. Recommendation from staff is approval. I move to approve the consent agenda as read. Second. All in fa uh all in favor? I I Okay. Under new business, city attorney.

Thank you, Vice Mayor. This is uh item uh one under new business. Adopt ordinance 1704 on first reading an ordinance of the city of Cocoa Beach, Florida prohibiting the immobilization quote booting of vehicles by the use of an empoundment device on private property within the city providing for findings providing definitions providing exceptions providing for enforcement in penalties providing for conflicts severability and an effective date. Staff representative is David Dicki, development services director. And the recommendation from staff is approval. [Music] For a motion to approve. Move to approve on uh adopt. I move to adopt 1704 on first reading.

Second. Public comment. Close. Public comment. All in favor? I. I. Passes 30. Okay. Second one.

Thank you, Vice Mayor. adopt. Second item under new business is to adopt ordinance 1705 on first reading an ordinance of the city of Cocoa Beach, Florida creating a new article 3 quote street performers and buskers end quote of chapter 8 amusements and entertainment of the code of ordinances of the city of Cocoa Beach, regulating street performers within the city, providing for findings and definitions, providing for prohibitions and conditions of performance, providing for enforcement and penalties, providing for conflicts, conification, severability, and an effective date staff representative is Dicki of the development services director and the recommendation from staff is approval. Look for a motion to approve. I move to adopt 1705 on first reading.

Second. Public comment. Seeing none close public comment. All in favor? I want discussion. Yeah, I want to have discussion about it on this. forget this is back up 20 seconds. Yeah. Yeah.

Um yeah, I just want to I want to discuss this. I mean, we this was brought up uh several years ago and I just want to get some explanation on this ordinance. [Music] Good evening. Um yeah, we were approached about a month ago, um maybe a month and a half ago by an individual who was interested in um um conducting street performances in the city. Um and after reviewing the code, it was determined that there really isn't any language in the code that addresses this issue. Um, and so I got on the phone, we talked with Becky about that. Um, she said that that's probably something we need to get to codify our regulations to address street performers. They have a first amendment right um that we have to certainly recognize and uh um the language is drafted into the ordinance, proposed ordinance to do that. Um essentially the the um the way the ordinance is going to be um it's going it works it creates two areas creates an area that is allowed public performers are allowed to work in these areas and conversely those that are not areas that are not to be allowed to work in. And the rule of thumb on identifying the two areas is that we wanted to make sure that the areas of the city that are prohibited um are areas that are uh subject to conflict between street performers,

pedestrians, bicyclists, businesses. And so if you'll notice, the areas that are being proposed as prohibited are areas where there's a lot of foot traffic and congested areas with vehicles and businesses, primarily the minute man cause uh right away right here um for about three blocks and then also on the north side of the city up by Ron John's and the city parks in that area. Um the uh the areas are established by resolution. So if we if we need to go in there and change them, uh we can do that fairly quickly. But it's um I think that's it. If there's any more specific questions, I'm happy to respond.

That's what I just wanted to get it summarized basically of what what we're doing and I appreciate it. So thank you. Yes, you're welcome. Ready? All right. All in favor of adopting ordinance 1705 on first reading. I I it passes 30

and then the following resolution uh is sister to it and the city attorney will read that. Thank you vice mayor. This is item three under new business resolution 2025-29 resolution of the city commission of the city of Cocoa Beach, Florida, regulating street performers within the city, establishing prohibited public areas relating to the regulation of street performers in the city, making findings and providing an effective date. The staff representative is David Dicki, development services director, and the recommendation from staff is approval. Good for a motion to approve. I make a motion to approve uh 2025-29. Second

public comment. Close public comment. All in favor? I have one more question. Um so during the art show uh we have had folks come into our event and um buskers basically and um would this particular resolution prohibit them from doing that?

Yeah. The uh the ordinance actually has some language within it that allows the city manager to on a temporary basis establish areas that are prohibited as being um allowed. So the city manager, the authority is vested with the city manager on events just like what we're talking about to say, okay, I think this area needs to uh for this evening or for this weekend, uh buskers can or street performers are allowed to pro to um perform in those areas or not allowed or not allowed either way. Okay. So that would be covered under the special events meetings and Yes.

Okay. Do we have to advertise that ahead of time if we prohibit areas that aren't included in our ordinance or our resolution?

I I don't think so. Um I think the issue is somebody takes out special event uh application and they they're in effect uh taking control of a of an area uh for their event. And what we don't want is to have uh people barge uh into a special event uninvited. Uh and but on the other hand, if as part of the special event, special event promoter uh wants to have uh uh buskers or street performers as part of their event, uh then we have the flexibility to do that. Excellent. Thank you.

It makes sense. Yep. All right. Any other commission discussion? I wanted to stretch this. We already closed public comment. All in favor signified by saying I. I. I. Pass this 300. Okay. We'll move on to the next item. City attorney.

Thank you, Vice Mayor. This is item number four under new business. Accept the city selection committee recommendation of award for the bid submitted by US Lawns WNG Maintenance Corp. Rob Ptos Lawns by Scott and Marlo landscaping under bid number CB25-00009 to provide grounds maintenance services for 34 service areas across the city. Allow staff to enter into a contract with all five companies. This is a budgeted operating expense for FY26. The staff representative is Brad Kaslau, water reclamation and public works director. Recommendation from staff is approve. Look for a motion to approve.

I move to approve the grounds maintenance services. Second public comment. I'll comment that I think it's a great thing that they had multiple contracts that were not just there was times in this city where we basically picked one and cut everybody else out of the business and this way they all get a piece of the pie and uh I think they're all happy with it and we did have some existing contracts with no renewals remaining so I'm in favor Uh, all in favor?

I I pass this 300 and we'll move on to the next item.

Thank you, Vice uh, Vice Mayor. This is item number five under new business resolution 2025-30 resolution of the city commission of the city of Cocoa Beach, Florida, adopting a fine schedule applicable to violations of ordinance 1700 relating to the regulation of electric bikes and similar devices in the city. Making findings, adopting fine schedule for violations related to the use of electric bicycles, requiring posting of fine amounts on the city website, and implementation of new fines, and providing an effective date. The staff representative is David Dicki, development services director, and the recommendation from staff is approval. Look for a motion to approve. Make a motion to approve resolution 2025-30. Second.

Public comment. Yes, sir. Mr. John Dylan, John Dylan Cocoa Beach. I got a question, gentlemen. I thought that the public get to speak after all the city people discussing then the city all the public people come make comments. So I got kind of older after the presentation comes up then the public can't talk. That's I think that's the opposite where it was done today. So my question is anyway street performers and buskers

I understand it. My question is does that include the homeless? Is that a good people on the in the street voting mean for money? You got a good definition for your street performance. Any other public comment? That closes public comment. All in favor of resolution 2025-30 signify by saying I. I. I. I. Passes 30. And if there's no other general public comment, then we'll call this meeting adjourned at 7:20. Morning.