City Commission - Regular Meeting

All right, let's call this meeting to order. Nice and hard there. Um Jeremy, would you mind doing the pledge? Sure. Stand and face the flag 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.

We'll have Pastor Keith Capesi uh from Club Z do the invocation. Let's pray. Father, we thank you that we can come to you. We thank you that you hear us, Lord. and you told us that you not only do you hear us, but you will show us great and mighty things we do not know. Lord, we just ask that that same purpose in you would be reflected in this meeting today. I pray for our commissioners, our city mayor, our city attorney, the clerk, and our city manager, Lord, that all of them would work together in unison, Lord, that you would give them all wisdom and discernment to make the greatest decisions for this city to flourish and to be prosperous. We thank you, Lord, in Jesus name we pray. Amen. All right. City roll call. Commissioner Jackson here.

Commissioner Hutcherson here. Commissioner Smalty here. Vice Mayor Williams here. Mayor Capzy here. To approve the agenda. Second. Motion in a second. All in favor? I I there we have somebody who wants to pull item. There's an adjustment. No. What item was pulled? Oh yeah. Yeah. Jan Janice Scott pulled the uh so uh move uh for the agenda amend my agenda motion to the receive my second. So H2 is pulled. All right. I second that. Yeah.

Okay. Motion for the uh agenda minus H2. Uh all in favor I motion passes 5. Um So we have a special presentation of proclamation proclaiming uh the month of April as a wa water conservation month and I'll read that here. So whereas section two dash is that the wrong one? What was this?

Oh, okay. Sorry about that. Wrong wrong wrong proclamation. Wrong words. Uh whereas water is a basic and essential need of every living creature. And whereas the state of Florida water management district, the city of Cocoa Beach are working together to increase awareness about the importance of water conservation. And whereas the city of Cocoa Beach and the state of Florida have designated April typically a dry month when water demands are most acute, Florida's water conservation educate educ uh citizens about how they can help save Florida's precious water resources. And whereas the city of Cocoa Beach has always encouraged and supported water conservation through educational programs and special events. And whereas every business, industry, school, and citizen can make a difference when it comes to conserving water. And whereas every business, industry, school, and sen can help by saving water and thus promote a healthy economy and community. And whereas outdoor irrigation comprises a large portion of water use, the city of Cocoa Beach will encourage citizens and businesses to focus on improving outdoor irrigation efficiency. Now therefore, be it resolved that by virtue of the authority vested in me as mayor of Cocoa Beach, I do hereby proclaim the month of April as water conservation month. The city of Florida uh city of Cocoa Beach, Florida called upon all resident and businesses to help protect our precious water resources by practicing water saving measures and increasing awareness of the importance of conservation. In recognation recognition of the 28th year of water conservation month, this year's focus will be on ensuring that outdoor irrigation systems operate efficiently by using properly function range devices. By making sure that these

uniting using properly functioning by these devices are installed, connected and working as intended community can prevent unnecessary watering, reduce waste and make better use of the rainfall we receive. Does this uh go to Brad or Okay, here you go, sir. All right.

Uh, any public comments about items that are not on the agenda? Janice, come on down.

Thank you. Janice Scott, Cocoa Beach. Hello, everybody. Um I first of all it's coincidental to follow up on the pre on the special presentation or proclamation you read but Mike my jack is on the Indian River Lagoon roundtable and he presented this uh document to the county commission at the last meeting. He is going to be back on May 5th. So if you can go back and watch a tape or something listen what he has to say. He's basically suggesting that everybody get together, especially SpaceX and Blue Origin, quit dumping 110,000 gallons of what was portable water in lagoon every day or building their own waste water and retention ponds that it be a central effort at this by the spaceport authority. Uh it's really good ideas in here. So you all have a copy can read up on it. Space Florida, all the agencies that operate out of there, NASA, and I guess Skip Williams would be tired. Yay. So, okay, about that. Uh, there'll be more. What? Just watch the news. I have a comment to make about um giving $5,000 in kind um to Thunder on the Beach via Jenny Puit at the meeting before last. And what I basically feel about that is what income services costs the city maybe uh,800, $1,200 from everybody's adorum taxes comes to the city. That he really doesn't get that much money out adorum. Whatever paying a lot goes to the county and um, you know that Thunder on the Beach had already received $45,000 from the TDC. They didn't need our 5000 in kind or

anything. I don't know if that's a good old boy thing. Stay in the group or whatever. However, um, Thunder on the Beach used to be a 501c3. Now it's an LLC where the participants can actually get more money out of. It's private corporation, not a 50c3 charitable. Thank you. Thank you, J. Any other comments? All right, staff reports.

Good evening, Mayor Commission. Um, not much tonight other than we had successful air show over the weekend. Um, our estimates from Justin and our public safety crew uh showed that we had about 150,000 people here each day on Saturday and Sunday. Um, we had some EMS calls, a couple of uh children that were lost from their parents but were found later in a boat that almost sunk. Other than that, everybody did well. We had a safe weekend on the air show. Um, that's all for tonight. Um, city attorney. Um, nothing tonight. Thank you, city commission.

I'll just say a few things to pray for the families. On Tuesday, there was an un event that happened on Fourth Street. So, I know that can't be easy to do when you're on vacation, but hopefully we won't have any more incidents this summer. All right. Thank you. All right. And that that boat that almost sank wasn't mine. All right. Um, keep it going when I get it going. Uh, consent agenda. Okay. There's only one item left on the consent agenda and that is item one. Approve the March 19, 2026 and April 2nd, 2020 commission meeting minutes. Staff representative city clerk department to approve consent agenda.

Second motion and a second. All in favor? I motion motion passes 50. Um items removed from from the consent agenda. Okay. Um the item removed from the consent agenda is item two. Approve the following memorandums of understanding. school resource officer SRO services the 2026 2027 school year school board of Bvard County and city of Koka Beach one-year for SRO services with reimbursement of $77,000 SRO for up to two SRO's aligning with the school board's agreement with the Bvard County Sheriff's Office move to approve

city city of Cocoa Beach and city of Cape Canaveral one-year to share the cost of the SRO assigned to Cocoa Beach Junior Senior High School. These are budgeted items for fiscal year 27. Staff representative Chris Cune, Police Chief recommendation approved. And I believe there is um a comment on this one. Move to approve ID. Second. Motion a second. Dennis. So when we started doing this uh arrow cost sharing it was the high school and Roosevelt and then now I guess we're paying also for freedom 7. So that makes the two correct? No. Who who are the two? Roosevelt and the high school.

Roosevelt the school. And so we don't pay it all for freedom 7. No. Okay. So we pay do we pay the entire share for Roosevelt? No. We're sharing that with Cape Canaveral because it said on the agenda only one for the high school. No, we share that with Cape Canaveral as well. So because Okay. I just want wanted clarification about who the two were that were put in the budget. Yes, ma'am. Since the kids from Cape Canaveral will be going to Roosevelt this year and uh we want to show everybody. Thank you. Thank you for

Yeah, that is correct. Um if I may Janice also Hannah was in contact with the Canaveral um finance interim finance director today as well. Just confirming all those numbers but we get those numbers from Chief Cuin gets those numbers from the school board who then gives them to Hannah who then works with the numbers and gives the percentage. Okay. This is the same as last year. We've always split shared with CanaL right. So the fact that their kids are that is correct and it's an increase. They actually gave us increase this year from the state. So good. Okay. All right. Move to approve two as read. Motion's on the table. All right. On this. We got a motion, a second. So, um, any any other public comment? In favor? I. Motion passes. 50.

Uh, unfinished business. Okay. Um item one, adopt ordinance 1712 on second reading an ordinance of city of Cocoa Beach, Florida, changing start time for regular meetings with the city commission to 6 p.m. providing for conflict severability non-codification and an effective date. Representative Jeremy Hutcherson, Commissioner recommendation adopt on second reading. Move to approve J1 is read. Second motion and second. Any public comment? All right. All it's roll call.

Oh, roll call. Okay. uh um used to be that when it started at 7:00 after 3 hours of the meeting at 10:00 we had to vote to continue or not. So I'd like to offer an amend amendment to the motion to include that we would not go past 9:00 without a vote of the commission. I think uh just three hours I put three hours. I don't see it in the wording. So in it was in the commission I sent to Karen the red lines just for the record. We're stating it

if it Yeah. So if the just like just like now oh if it goes to 10 we have to vote to extend it. So we we put in there instead of the the actual time we just put if it extends more than 3 hours cuz sometimes we might even start at a different time. So we just want to make it the three hours. All right. Any other public comment? All right. Uh, did my amendment fail? I'll second that. Did you make it a 3 hour 3 hour duration? I second that. I thought we already had that in there, but Okay. Uh, roll call. Commissioner Jackson. I. Commissioner Hutcherson. I. Commissioner Tamalty. Hi. Vice Mayor Williams. Hi. Mayor Capzy. Nay.

41. 41. I just had to be the oddball. You know, I know it didn't matter. I mean, clear. Uh, I like my daylight. Yeah. All right. Um, start the meetings at 10 o'clock. There you go. Okay. We've got we've got item two. Change it.

Ordinance 1713 on second reading. An ordinance of the city of Koka Beach, Florida, adopting the latest version of the International Property Maintenance Code as amended herein, providing for the repeal of the prior inconsistent ordinances and resolutions, incorporation into the code, severability, and an effective date. Staff representative Brian Palmer, deputy development services director, recommendation adopt on second ring. Move to approve J2 as read. Second. Motion in a second. Any public comment? Any commission comment? I I want to make a general comment. Yeah.

That um I like what the city staff has done here to uh when they do the background that it kind of brings it out of the le into real conversation. People can talk about and understand. I appreciate that. Um, it used to be well section four subsection five paragraph 4 number one says blah blah blah blah blah whereas whereas whereas instead of hey what we're doing here is conforming to state regulations and we're just to that and using their statutes. Boom. Done. Simple stuff. Thank you. Right. All in favor. It's roll call. Roll call. This is a roll call.

Yes. It's a second reading. I'm sorry. Being in the Hall of Fame. This is the last roll call. I promise. Commissioner Jackson. Hi. Commissioner Hudson. Hi. Commissioner Smalty. Hi. Vice Mayor Williams. Hi. Mayor KZY. I don't know. All right. Let's see. All right. This one. K1. K1. K1.

Okay. This is uh new business item one. Koka Beach Senior Center, formerly Freedom 77 Senior Center, requests for $30,000 in city funds to be budgeted in fiscal year 27, support of the part-time director salary. Uh, Representative Anetta Gross, Jenny Burus, Mike Nichols, updated 41326. Move to approve K1 is read. Second. Motion second. Any public comment on this? Oh, Janice Lee Lila. Just just I didn't know that was your last name. You're right. Okay.

Okay. So, Janice Scott, Coco Beach. I'm uh the chair of the Central Bvard Citizens Parks Committee. I don't know. It's a long title. But anyway, yesterday briefly we discuss where are the the senior centers and uh what they do in various parts of the county. Wickham Park is very popular one. It's uh 20 miles from here. Uh very active, have all kinds of activities as opposed to Co Beach has basically um the other senior center is uh Woody Simpson and North Coco. There's one uh Martin uh Anderson and Rock Ledge. I really believe that for the comparison what the senior centers do they provide lunch for seniors so on and so forth that you should use the money to um provide transportation for the seniors who really want to go somewhere where things happening canasta or scrabble or something um years ago in the dark ages there was a move to have both uh Cocoa Beach Cape Canaveral and county find a central location and that thing tanked really bad. It was really, really bad. The county was so fed up with the conversations that they um abandoned the idea. But it's time for you all to pick up the torch and think about doing it again. After all, most of your citizens are up there over 60 retired people around here would like something else to do. And uh it's really too bad because in my tenure I think we had big dance out there at the country club. Had a tener sing come and sing one evening. We had some really nice activities that people enjoyed going to. Maybe someone should get on the ball and do something more out there. Thank you.

So you support this or you don't support this? I do not support giving this money to the current situation. Thank you. Thank you. Manny, can you provide some security for her afterwards? Just I'm just uh Leela Laya Laya sorry.

Good evening. My name is Laya Gilbert. I live in Cape Cover. I grew up in Cocoa Beach and I have been a contract instructor at the C Center for 15 years. I teach exercise program of Zumba which is a dance fitness class open to everyone of all ages. The oldest participant is 91. She started when she was 78 and the youngest was seven. She's now a sophomore at Cooka Beach High School. Most of my participants are between 60 and 80 years old. In my program, the the participation rate has exceeded a little bit over a thousand people a year to attend programs that are off the center as the center gives them something to be a part of. If it weren't for the center, most would be staying home, not getting exercise. Social connection is vital to keep the sing population healthy and engaging in life so they can maintain their independence. I teach two 1-hour classes a week. However, there are five other exercise formats offered at the center. So, you just don't have to do Zumba. And there's also other things offered besides exercise programs. People who attend my classes come not only from Cocoa Beach but from the surrounding cities of Cape Canaveral, Merit Island, Satellite Beach. I have one steady client who comes whenever she's in town from California. I consider her one of my regulars. We have many visitors who participate when they come. Is a worldwide program. You can go anywhere in the world, take classes. They come when they're visiting families or even if they just have business here. The most memorable comment made to me about the center in my class was that if it weren't for the center, my mom would just be alone in her oceanfront condo sitting. The center has given her purpose, friendships, and kept her active and engaging. She's the 91year-old. She's still driving. She feels a part of the Cocoa Beach community and is not isolated just with

the own people in her condo. Many of the snowbird visitors are sad when they must return home as their communities don't have senior centers with programs like we have. I have participants who go home, join a Zumba class, and see a familiar face that they met here in Cocoa Beach. That was quite interesting. It may be the Cocoa Beach Senior Center, but it is actually the go-to resource center for seniors with or sales. We'll help them resolve anything they've got going. All they have to do is ask and let us know that there's a problem. As an instructor and participant of activities offered by this center, I ask that you continue the funding support that has been provided in the past. Thank you.

Thank you very much. Any other public comment on this? Any commission? Um, is this an an accurate activity list? Yes. I would comment that that looks rather robust.

Um, not familiar with the activities, but that's that's a decent schedule. uh in terms of the value and what you mentioned for folks to be active, for them to be engaged in community um that you guys are probably well familiar I think most in Cocoa Beach are of the blue zone studies and and what extends quality of life and meaningful life. Um community, it's connections, friendships, um it's activity. It doesn't have to be high impact, but ongoing regular activity. This to me is the kind of stuff we should be promoting. we should be endorsing for the quality of life of our residents. Only thing I don't see here that I I think would be really neat and it may already be included is just some of the research that's going in terms of the value of nutrition and what we can be learning about quality of life uh and extending through just nutrition might be neat uh uh element to add in.

So city uh manager uh when we normally rent out that that facility how much is per day? 600 for a half day, Andy? For the day. 600 for a day. 600 for a day. 64 a day. So 10,000 a month. So it comes out to Am I doing this right? Uh 28 days a year approximately. Does that sound about right, Andy? Is so an in we So right now currently we give them basically an incind of $124,800 for to use the facilities. I would probably cut that in half days.

Okay. So half days. So to be generous, you know,000 I would say between 50,000 just to be safe for in kind just to be sure. Do we do half dates also? We do not only do daily. Okay. Right. All right. Yeah. You can't Right. Right. Um and um should there be a special event somebody needs it for a day normally be senior center I think they have a little leeway there do they or do they not yes they have been and if it's being occupied will to vance they're pretty flexible with that

right so I mean it's to your point we're saying oh yeah we're if they were renting it every day it would cost that much. Yeah,

but we're not losing revenue by the be there. We got to see anyway. Keep the mold out. Um um I'm in support, but I would advise for future commissioners that are maybe sitting up here. I asked for uh 5 to 10 years of their financials so I could just kind of see where they're at. I got a one year and it was very sparse in detail. Uh, I I just I like to base decisions on um current and historical data and it was pretty hysterical what I got. But I do support the senior center.

So I I just want to say I I fully support uh the senior center as far as um giving you everything you need to make what you what you do happen. Um I think I think the role of government is to to provide something for the residents that they couldn't normally provide for themselves. So for example, giving you a space like this or this large to to do your activities, I think absolutely 100% make sure we continue to do that. Uh the the one thing I am concerned about is I don't believe the government is to provide extra funds on top of that to people for for activities or whatever. So, I I have a little bit of a hard time because um when we when we look at let's say like Main Street or um oh there's a what was the other one? A sen the women's club. Uh there's a lot of these a lot of people are going to be asking for money or do ask for money on top of what we we give in in kind. And like I said, I'm fully in support of INCIND because I know that these are resources that you couldn't normally get outside uh of what this provides. My my concern is we give money for beyond and where do we say where?

So I I have a little bit of a problem putting money out on top of it because giving you the the resources for free to do whatever you need to do. Uh, I know that you guys, and I'm not saying I don't know. I know it's not a lot, but I know that you charge for some of the services and stuff like as well or some some uh um I guess like memberships and stuff like that as well. So, I understand that you do get some money that way as well. But so, that's kind of where I'm at. And if you guys want to help me uh come up and explain to me better why the the resident should fund it beyond the um the basically allowing you to to use our our resources and your actually your resources. Um I I would be all ears. I I really do want to understand the I guess the reason for the ask. I guess I should say

the reason that sir

the of the extra funds on top of the inind. So like I said it it comes out to at least 50,000 in in kind is what we give you to to be able to use the resources. And I'm all for that. I I love I love that we were able to provide you with a space to use. It's air conditioned and and all that. But I'm I'm trying to to understand um the monetary on top of it. how the the residents as a whole uh how to justify that we're going to pay for something beyond that cuz we have lots of other nonprofits uh that want money as well. So, and I'm when it comes to the other nonprofits, I'm all for giving them the inind because I feel like we we owe it to the residents to let them use their facilities, but money beyond that, I'm having a hard time figuring out. Yes.

Can I say something? Go ahead first and then I want to add on to that. Jenny Burus. I'm a fitness instructor, a volunteer fitness instructor at senior center.

Hello. Uh I'm also a member of the board and actually uh that amount that we're requesting if you look the uh fiscal year report that we gave you monetary report pays for our part-time director who coordinates everything, handles the memberships, handles the phone calls, signs people up, uh gets us coordinated, does everything at the center so that we don't have to. Um, without that funding, we wouldn't have a director. It would be all of us just volunteering to help out and try to run things. And I'm don't know how well that would work out. So, our opinion is we really need our part-time director. So, that's specifically what the money from the city goes to.

Okay. Any other questions? It's a part-time director. Yes, it's making 60 grand. She no 60 grand or 30 grand? No. Well, under 30 actually

under 30 part time it's uh her the set hours of the center are 9 to2 Monday through Thursday but of course she's there before that after that other days works from home. Lots of times we have events on a weekend or an evening she does that too. So it's a salaried position not a set hours. Um what was your other question? Now we do charge for memberships 25 bucks for a whole year. It's not per month. It's for a whole year. Now we also charge per class. Remember some classes are a dollar, $3, $5. If you're not a member, if you don't want to join because some people don't want to join, it's a little more than that. So, we do have some income which you can see on the finances that we gave you, but we certainly can't make enough to pay uh a salaried part-time director. That's what that money is for.

Okay. Thank you. Roughly how many members are Coco Beach residents? Ballpark? 90%. Cocoa Beach. We we have people from the whole area. How many are Cocoa Beach residents? Sure. You asked that question because Cocoa Beach is funding. Yeah, sure. Well, I mean, I'm all right. So, on the budget, all right, so it's mostly Cocoa Beach people. Yes. And Snowbirds. Uh, we have what's the latest update? 80% are Cocoa Beach residents.

Right. So, where I'm going with that, that's Thank you for that. Where I'm going with that is I have a similar thought to the mayor. Um, but I think the difference on this one is it's disproportionately direct dollars investing in quality of life for our residents. So, I support it. Um, I know that probably shocks a lot of people as the budget hawk, but I understand your position of the inind. I think we drew a line in the sand with Main Street saying we wouldn't do the cash infusions, but to me, because this is disproportionately residents and it's investing in in their health, I support it. How is it different from Main Street? I think disproportionately more residents and I think they don't have a business plan intended to operate on its own.

But Main Street is a an area of downtown Cocoa Beach with all the businesses of Cocoa Beach supporting that. Um I I would have to disagree that that it's um fewer a smaller percentage of Kok Beach residents. Regardless, I'm supporting tonight. I We'll main street later. Well, we should talk together because it's pretty much the same concept. Yeah. So, so before you go crazy and gets upset with me. I I'm going to support this this year for sure. Just remember I'm a fitness instructor. I I'm not going to Yeah, definitely not going to get on your bad side. Kickboxing.

All right. Yes. And a little taekwondo and a little stuff. Okay. Um, I'm definitely support it this year because that'd be just a slap in the face. Like out of all of a sudden you're just not going to fund. But what I do request for next year is as Commissioner Williams said, we need to see some financials. Um, anou just like Main Street is required. Uh, do you have insurance? Uh, what happens if if some one of your seniors falls? Yeah. You know, is that are they going to sue the city?

Um, do we have that kind of stuff going on? uh the incind we talked about. Um but um I I definitely support this. Um there's a there's a member of the uh audience out here public that I've spoke to many years ago about building your own facility. Um and having that set up Mr. Hannes uh mentioned that and you know maybe at Fiser Park or something like that would be a great place to put a uh a facility that we could get funding from maybe the state or other groups, not necessarily the city to uh to make that happen. Uh, but I do see the future of the Cocoa Beach Country Club not being a good fit for for the uh for the senior center just because it's it's growing and getting um a lot more active out there and it'll just kind of push you out. But I think you need a your own location for future. Not right now, but think about that going forward in this place.

It is. And we got downstairs. I think you can use that uh not near enough room for this but for for some things for some things there are uh but um I I just mean three four maybe five years down the road having your own senior center that would be nice. Yeah. Thank you. Uh you wanted to talk? Yeah. Similar to uh Commissioner Tamulti there I would just request after speaking with the city attorney that we do put them on an agreement. they should on some form of agreement similar to Main Street.

So, I'm gonna I'm gonna also, like I said, um you you know kind of my views, but I I absolutely would not um just all of a sudden pull the rug out from you either. So, I I will also vote to support this this year as well. Um but we do need to look uh at it and we need to be fair to all the people that do ask for funding from us. If you know, if we're not going to give it to some, then we gota really I think we have to have a justification why some have it and some don't and we have to have a clear reason why. So, but I'm I'm with him as well. Uh I'm absolutely going to fund it this year. Uh and I I see how it is how important it is to you guys and I and I don't want to just all of a sudden pull the rug out for you guys. So, um so I think you you're you're in the clear tonight. You're absolutely going to get your funding for next year. I have a question. Oh, go ahead, ma'am.

Okay. I'm I'm on the list to speak. May I? Yes, absolutely.

Annetta Gross. I'm on the Co Cocoa Beach Senior Center board. Our mission is the Cocoa Beach Senior Center is a 501c3 charitable organization serving the community since 1984. We provide wellness, social, recreational, and educational opportunities for seniors in Cocoa Beach and surrounding communities, promoting active aging and community connections. Why was the name changed last year? It was confusing to imply that the location was at the Freedom 7 School. By changing the name to Cocoa Beach Senior Center shows more of a relationship with the city. When CO took control in March 2020, a lot of exercise activities closed and by October that year, I was an 84 year old senior and realized I needed a new exercise program. So, I started attending the strength and balance class two moves a week and have it as my priority on Tuesday and Thursday mornings. No one is made to feel uncomfortable in ability. You do what your body allows. probably you will improve. In the meantime, you're having a good time running into old friends and making some new friends. It is true, we all need to work on strength, balance, coordination, flexibility, and being able to sit down and stand up. There are also other classes that might fit your interest in all the instructor senior life. You don't have to be a member. Do you like discounts for an optional $25 member fee a year? Then you can pay a lower class fee. Yes, a traditional gym with exercise equipment is good. But is it intimidating for seniors? If you

haven't been a gym rat for years, then getting on a treadmill is too adventurous. A big goal of a senior is to avoid falling. Being mobile is necessary to give us independence and not be a burden to others. Come and give us a try and maybe gain a few health years. I'm looking forward to the big 90 in a few months and just happy that I can walk and talk at the same time and I give a lot of credit to the strength and balance. What does the Cocoa Beach Senior Center do? It's a vital community asset that supports the health, independence, and well-being of older residents and helping to reduce isolation and loneliness, our key needs. It is a cornerstone of a healthy, connected, and resilient community.

Thank you. Thank you.

Thank you. Mike Nichols, Cocoa Beach resident my whole life. Um, I'm a physical therapist and I also sit on the board for Beach Senior Center. I appreciate your support already. The may uh Mayor Capzy, Commissioner Tumulti, and Commissioner Hutcherson. Um, I just wanted to add a few things. you know, without the part-time um director, this whole thing would not be possible. I definitely she does a great job in commanding, if you will. Um, and I've only been on the board for a few years, but as a physical therapist, I do know how important it is to have resources such as the senior center and various other for our seniors. Um, I've spent the last 10 years primarily working in the geriatric population and I know how important it is when they leave a physical therapist for instance, how important for it is to to keep moving and I know you guys get that aspect of of this whole situation. But, um, I think that overall, you know, we're we're trying to grow the senior center into something that it could be bigger and um, and outreach to more of our community members. Um, and you know, maybe maybe we'll hopefully outgrow the space, but um, I definitely think that, you know, your continued support is is just super important to keep this whole ship going. And, um, you know, with all the programs that, uh, the director, Nicole, has put in place. Um, she's made partnerships with the the community paramedic outreach, which is has been great. She's they've they've come and done the CPR classes, safety classes. Um and the annual senior resource fair which we finished up in February. It was the second one and this time it was much

bigger. You know, you had all things all the way from people there with like the uh handyman. So we had the handyman service there. We had a cook that travels to your house and just to you know get out there and talk to our seniors. And from what we could gain from the experience in the last 2 years, it was a phenomenal um experience for everybody involved. Um many seniors came in um that I talked to after the event and we're just so thrilled to be able to experience um all those connections just uh and some of the people I talked to even have the cook coming to their house which I would laugh at my house as well. Not that my wife's a bad cook or anything, but I play there.

And um the Show Me the Money fundraiser that we get very little with to kind of help with, you know, some of the some of the smaller cost. Um that's a fun event. I encourage anybody in here to come out and and join us. It's a fun little event. You can even if you're a winner of one of the games, you can make a few dollars. But um but overall we just and I thank you for the three that have already showed their support. Um overall this this ship would not continue to run without the director and uh I think you got to grasp that now that it's really paramount that we have a director and uh we'll be able to grow this thing but we really just need to keep low because if we her salary I mean the expenses to the seniors throughout the community would be just unbearable. Well, I mean there I don't think there would be possible if we had to charge that kind of money. Um and so I appreciate your time. We thank you for your sort tonight and um I look forward to the senior center in the future. Thank you.

Thank you. So uh Peter Yeah, Peter. Well, as Peter comes up, I want to say and thank you all of you for coming out here and and speaking your mind and letting us know because, you know, honestly, if you guys didn't come, the funding might not have come tonight because we wouldn't have realized how passionate it was you. So, it's it's good for us to see your support so that we can know, you know, how how important it is to you as well.

Yeah. Thank you. My name my name is Cunningham. I'm um the president of the board of the senior center. Um I'm not going to go through the many years of hardship we have keeping this thing running, but there has been many years of hardship. I I did want to mention though that u I know for a fact because I've been the president for quite a few years that we've sent the city a financial statement every year for at least 10 years. I don't know where they went, but we did send them and they prepared by our CDA, local CPA, George Leonard. Um, and it's enough history, but I just had to get up and say thank you for the support that we've gotten from the city. Um, our membership was up to 300 um, last year. Um, unfortunately when the city hall was shut down and we had to close every once in a while and cancel our programs every once in a while our membership dropped, but we're building them back up and we're going to be big again. And again, thank you.

Thanks, Peter. Thank you. All right. Is that is that it for public comment? All right. And just so you know too, like we have when we talk up here, this is the only time we get to talk about about items. We don't get to talk behind the scenes. So we really have to get everything that's out of our on our minds out in the in in the public so that they can hear what how we kind of feel about things. So otherwise we we would have no idea kind of what's in the back of our heads and and how we're we're kind of thinking about things. So

yeah. So it's it's imperative that going forward um to get the funding to carry on year after year that we have thisou and financials. I haven't seen any final I see these numbers. These numbers look pretty good. You got 4763 participants. Um I don't know if those are annual memberships. If it is 25 time 4,700's almost $100,000. That same same person comes five times. That's part of that 47,000 47. But I don't know what that how do you know?

I think your point is point is we don't have those numbers and we can't see those numbers. Again, we're funding it this year. Those are the things we need to see like how many people are coming. How many different people? Is it the same 10 people that come every Tuesday? Um, you know, account for it? I I don't know. Um, also there's an office behind the stage. That's your guys's office. Do you have internet, phones, and all that? You pay for all those things, right? Okay. Again, I don't know because it's not there's no financial. The I got a onepage P&L, but I assume all you guys got it. Yeah. Well, onepage P&L isn't

is Yeah. Okay. Again, we just need more and we know how to do that. We've done that other other groups as well. So, we get that information. I'm sure we carry on. It is it is awesome that we're taking care of our seniors because not just we're doing it for years, but we're all seniors at this point hopefully. And you're a senior. You want his vote still, right? Thank Well, because I got some gray hair and I may be over 60. Yeah, I guess I see. All right. All right. Well, you can fantastic number. You don't look 70. You don't look a day. Okay. I'm not going to say

I would like to just request one one more thing, too, as well. And I thought Jeremy, you actually brought up a pretty good point. Um, moving forward, uh, and it's just because it's not a requirement, but, um, is it possible for you to actually uh take a take a a survey or at least have have some kind of system where you know, uh, residents compared to non-residents. I that would just be just be helpful to to understand like you know are we supporting the rest of the community or is it just mostly residents so

agreed and and Tim to your point on Main Street I support Main Street I think to me is a different because it's directly Koka Beach resident it's health related so that's why it's unilateral but for me it's it's the transparency and I appreciate the city manager digging in he brought this up because for years this has not been transparent a lot of these things so um he brought up and say we're going to dig into this and see where it's at for me the It's less about the value that we're investing. It's more about the transparency. So incorporating. Yeah. Yeah. So that's true. So now that we're bringing up residents versus non-residents, I think you heard earlier that if you're a member,

they get a discounted rate on the on the classes and activities. So somebody that comes in that's let's say they're not a resident of Cocoa Beach, they're from Cape Canaveral, Sai Beach, whatever they're they don't become a member, then they pay a higher fee. But what I don't want to do is try to delineate who are the actual Cocoa Beach residents, not by zip code, but by city boundary and do like the golf course and charge people more if they don't live in the city and all that. I don't think that that needs to ever apply to the senior center. I think the more the marrier in participants unless you get to overcrowded situation then maybe inside the uh inside the team you guys could figure out how to handle that. So, like I said, I support it, but I and for future commissions, I think we need more detailed financials for the future and more than just a one-year one pager.

Just just to make it fair to the rest of the uh people asking for for donation in kind uh so um let's call it let's call it uh all in favor. I motion passes 50. All right. Uh see number three.

Okay. Um new business item two two was pulled. So item three is adopt ordinance 1714 on first reading an ordinance of the city of Cocoa Beach, Florida amending section-43 special exceptions and section 4-46 amendments to the zoning map of article one variance waiver and special exception and article 5 amendments of chapter 4 land development procedures respectively of the code of ordinances providing for conflicts codification severability and effective date. Staff Representative David Dicki, development services director. Recommendation adopt on first reading. Approve. K3 is ready. Second.

I got a motion in a second. Any public comment? Marie? Thought I was going to call you right, Janice? I saw my name first, so I first. Sorry.

Marie Pierce, Angela Lane. We reviewed the YouTube meeting of the planning and zoning board earlier this month on April 6th. And in that meeting, staff introduced this ordinance 1714, which is tonight's new business item three. One part of that ordinance outlines new language, eight points in the land development code to strengthen and heighten the criteria used for special exceptions. In the presentation of this ordinance, we heard it will build a framework for the board of adjustment to be able to clearly define the criteria that applies to the application for a special exception. In that case, we strongly urge you to accept this ordinance 1714

Janice Coco Beach. So, um, honestly, I have not read through the whole, um, ordinance, but I, you know, I'd really appreciate, mayor, if when you have an ordinance and the staff's here, if they could get up here and give an I'll call him up after you overview. What? I'll call him up after you, too.

No, but I'd like him to come before. So, you all know what you're ving the motion on and all that that it's your meeting to direct as you choose, but thank you for that. So, um, as I said in two meetings ago, the board of adjustments a disaster. And when they considered a special exception, it was abominable. It was really terrible. First of all, in the the comp plan, you cannot use a canal for a buffer between CN commercial neighborhood and single family residential. That was the law. unless somebody's changed. Uh thought they were really terrible. They did not take any uh the recommendations of the city staff to have one trip a day. Now they have three. And then they increased the number of people on that big pontoon boat to 48 or 50. I mean, it's really big. And I think it's coming through the north canals, uh two or three canals we have there. There's one the other day was obviously not observing the wake zone. I mean, the water was everywhere. And we have uh we in Bvard County, we have the largest number of manity deaths in the state. You've seen all the stats. We get a lot of bad press about that. But these particular canals, and I'm sure the ones on the south side of the city as well, have um a lot of old manatees, too. I mean, we have a lot of them. We have babies, we have juveniles, and we see a lot of them that when they come back after the winter, have really bad injuries on their backs where they lie on the surface of the water to sun to get them healed. And so, uh, years ago, also in the comp plan, it's called the Banana River Preserve, and we voted to make it part of the Merit Island Wildlife Preserve, so that there would

be special things that would be coordinated about using this area. And I would like to see that um, you know, uh, just respected. And uh one other thing that last, the board of adjustment never addressed the issue of where this pontoon boat's going to be docked. There was a previous request to have a dock over on that side of the canal. Um and it was voted down. No, they were not going to allow anybody to do that. So I don't know if there's boats overnighting there, but anyway, I I would like to see um some improvements in the board of adjustment. Thank you.

Thank you. Dave, would you mind just coming up and giving a brief summary so the rest of the people understand what's going on? Yeah, definitely.

Yeah. Good evening, mayor and members of the commission and good evening public. Um, generally when the board the our boards, our our citizen boards or our commissioners meet, they meet in generally one of two capacities and that's either legislative or administrative. And legislative is when the boards and the commission are creating new laws and policies. And the administrative side of the house is the quasi judicial hearings. Administrative/quasi judicial or qj hearings. And qj hearings are generally when the board or commission applies ordinances and policies usually contained in zoning ordinances or comp plans applies it to a specific piece of property. That's like UJ here and the commission and the board sit in more of a judicial or in the capacity of a judge and one of the important parts of a QJ hearing is decisions need to be made and based on competent substantial evidence and competent in that those people who are speaking and putting information into the record need to know what they're talking about. they need to be subject matter experts per se. Um, substantial and I have that this written down. The substantial part of it means that they must provide a reasonable factual basis for a decision. Decisions cannot be based on speculation, unsupported opinions or un unsubstantiated conjecture. So the emotional part is more of an I don't want to call it emotional but more opinion-based is the administrative and we're making policy. The legislative side of it is um um excuse me the administrative side of it is when we have to really apply criteria and those

criteria I think staff's looked at the code and our code frankly can um have use some additional criteria. There is criteria in the code now, but I think in this case, more is better. And so, I'm sure the commission's looked at the draft ordinance. There's eight or nine new proposed criteria for two of our QJ hearings, and those are going to be special exceptions and zonings. And if you look at the proposed criteria, it's definitely factual based. It's nonopinion, non-emotional. It's cutting through all that. And so we're we're trying to create a framework for our boards and the commission to make decisions based on facts. And that'll be very important in case we ever get sued. We want these decisions to be factbased, not emotional based. Um and if you look at the criteria, the proposed criteria, they are generally going to be trying to quantify and deal with compatibility. How is the special exception or the reasonzoning? How is that going to deal and affect um the adjacent properties? And that's where the compatibility issue comes in. So I probably rambled on too long,

but that's it. Um before you go, real quick. Um and also you've actually um decided to to basically have some meetings with with them to educate them about the actual laws and stuff like that before the uh the meeting so that they so they can base it on facts rather than on emotions or stuff like that. Right. Yeah. We're working with Beck Becky's office. um um one of the uh attorneys from her office has actually done a training with our um um planning and zoning board and now we're going to be doing with our board of adjustment. So that's that's important. Yes.

I'll also say that Dave sent out a very lengthy email to each board member saying that uh staff is open at their disposal as well if they have any questions. Uh to be Thank you. That's that's all. Thank you. I mean to be honest with you Oh, he wanted to Well, no, I just you'll stay. I have a comment, but please continue.

I was going to say, you know, when we put people on on those boards or even on on this board, it's it's actually up to us to to we have no oversight. It's up to us to actually do our due diligence and to actually know the ordinances and know the codes and know everything before we come up here. if we didn't do that, which like I said, there's there's no oversight on on making sure that they did their homework on the on this stuff. So, this is a way to to ensure that when we have these people that are going to be making decisions like this, especially quasi judicial decisions, that they're actually educated on the law rather than coming in and asking about silly, you know, things that have absolutely no jurisdiction for them to even dictate. So it it's really important that they're educated on the actual law because honestly a lot of times the human the human way is the path of least resistance and sometimes we just don't do our homework when we really should and this way he's making sure that they're doing their homework beforehand and it's going to create a lot less headaches for us in the future.

Yeah. Just I just like to add one thing. Um I've been talking with Garrett from Becky's office. We're going to actually be reformatting our our board agendas and these eight criteria that you see proposed on this ordinance. We're going to be actually naming we're going to be discussing each one of them in length. So the board there's going to be no guesswork. The board will know are are these criteria being addressed or not. So we're trying to take all the guesswork and emotions out of the process. Have it factbased.

Thank you. Yeah, that was that was actually where I was going to go. As chairman of board of adjustments, I know it is it really is hard work. Um the quasi judicial aspect means you've got to read, you got to understand, you've got to go to the charter land development code and really start bring into context. So, um what was incredibly valuable for me there was the the member who supported as well as the legal advice that we got. Um and Dave, I I think I'm hearing correctly and really this is where I was going to go. We are definitely going to do training specifically on these new uh elements for the board and then when we would have the staff recommendations or the staff insight those were incredibly valuable as a as a board member to understand it was Christy Anderson for a while we had Randy a number of folks but that insight on I don't have to take the perspective of staff but boy does it help. So yeah I think the more explicit we can be incredibly valuable for our folks. Thank you.

I mean, I could say in the beginning, uh, I was I called Becky every single week, uh, asking her, you know, when I was learning the ropes, you know, what does this mean or is this legal or is this that? So, uh, and I meet with with Wes, uh, every single before every single meeting just to make sure that we're on the same page and I'm not misunderstanding what I'm reading. So, the fact that our board members can now are going to be doing that, which is something that I was pushing for, it I think is is paramount. So, Okay. On uh section 4-46, amendments to the zoning map. I'm good with all that because it culminates in a paragraph E that says any proposed amendment shall be reviewed by the planning board, not just the board of adjustment at one or more public noticed public hearings and they make that recommendation to the city commission and then any adoption of any of those amendments to the zoning map designation by the city commission shall be by ordinance. So we have to create a new ordinance to cover any uh amendments to the zoning map that go through the planning board adjustment. So that puts it ball back in our court.

Okay. Yeah, we are making a decision. But in 4-43 um special exceptions and this is pertaining to the board of vestment in section D1 it says um whether the applicant has demonstrated a request including its proposed density, height, scale and intensity, hours operation and so on and they make that decision and it doesn't go back to the planning board and it doesn't go back to the commission. So therefore, I'd like to make an amendment that we strike six words and in that statement that says whether the applicant has demonstrated their request uh delete including proposed density, height, scale, and intensity. delete those six words, but leave in the hours operation, building, lighting, design, sight, pads, buffers, noise, refues, odor, particulates, smoke, fumes, and everything else. because I don't think the board of adjustment should be making decisions for special exceptions that are outside the current limits for residential RM1, RM2, commercial uh special districts that height density intensity limits are already in the books set and if they want and what's happened in the past if anybody wanted a change to density, height, height or density. Then it was by variance and they had to apply for a variance, not just go to one board uh and ask for a special exception

and those are controlled at commission, right? For height and density. Let's hear from our attorney. Yes. And requires a 40 vote. Let's hear from Becky real quick. Okay. Um this and I understand where you're coming from on this but this does not allow um any density, height, scale or intensity any increase over the base level that you have set. I mean you you've had the height you've you've you've right to need to be in there because it leads to special exceptions to believe that they can make those changes. Okay. So, it doesn't need to be in there if we're basing it on the other current rules.

But, but sometimes special exceptions, um, you might not want to allow a particular use, which is a special exception. It's not an allowed use. You might not want to allow that to even go up to the what if what is otherwise allowed for they wouldn't even come to get a special exception. and they just file for a building permit. No, no, no, no. You can't. It's special exception for uses that are not allowed as a matter of course.

So, you might you might have let's just say um height um you might decide in in the area it might be a maximum of 35 ft. But for the special exception, which is a different use, it's not an allowed use. It's you have to get a special exception for it. You might think that you really shouldn't go over 25 ft for that particular special exception. So they can limit it. They could never go over the 35. You're absolutely correct. Without coming to y'all and jumping through all kinds of hoops. But I think we want to allow them to, you know, consider

this would drive the this the applicant to expose this information for the board's consideration. Absolutely. and and they wouldn't be required to allow them to go to the maximum because I think this makes sense because this particular use maybe it should be shorter maybe it should not be as dense. Okay. Dave, you want to say something? What I would like is within section 4.4-43 to put a paragraph in there that says what you know, shall not. Yeah. No, that's an excellent idea. City code. Never never to exceed.

Never never to exceed. So that's an excellent idea. Okay. Can I make that amendment and get a second? Sorry. Thank you. All right. Did you want to add on to that or No, I think I'm gonna be quiet. Okay. Seems to be going.

Come on up, Janice. So um in this ordinance for example that there's a you know formula for building your dock. You have to have a setback and then the formula tells you how this this is really for you um how far you have to set back from the neighbor's property. But the board of adjustment often says oh really good guys and oh does your neighbor object? So they let them build the cat. Well, the catwalk's not usually an issue, but it's the dock. And these docks are getting bigger and bigger. Then they have a dock. Then they add another uh out there. Then they put the boat out as a third structure out. So are those things in by ordinance or by

we we have an ordinance a dock ordinance specifically now that that allows with your with the consent of your neighbor written consent of your neighbor that you can build to the property line on your dock. But you had to have written consent from your neighbor. Okay. But it doesn't take into account that once you have that dock and you put the boat, right, the boat can be that's considered a mor structure which is also part of the ordinance. It's this change. Well, I'm just saying that has nothing to do with that. But what you're talking about, we've already have an ordinance that has to have written consent from from your neighbor. So that they were not coming to board of adjustment special exception on that. No. No.

Okay. And then there's no limit on the length of the boat they put on the dock. It can't past it can't go past their their property line and it can't go more than 33 and a third% of the of the cow. Okay. Thank you. I can get a bigger vote. No, you think we need a bigger vote. Okay. Okay. So, my amendment Becky's going to craft some words. We'll see it at the second reading. Correct. Yes. All right. Okay. All right. We vote on the amendments. The original motion. So the amended motion is to add the

the legal language that says you got to stick to the height and density limits that are currently on the books and the board of adjustment doesn't have the right to propose a proposal for an increase the density, height, scaler, and density. This cannot be a workaround for what's on the book. Yeah, got it. All right, that's already seconded. All in favor of the uh motion with the amendment. I You vote on the amendment and then the main motion. Okay. All right. All of the amendment. All in favor of the amendment. I I. All in favor of the motion? I I

Okay. Motion passes. 50. We're We're number five. That's the end. Then they're the authority to repres. Yeah. Is that it? We're number five. That's given up.

Okay. This is this is um item four. Adopt ordinance 1715 on first reading. An ordinance of the city commission of the city of Cocoa Beach, Florida, amending the code of ordinances, chapter 15, by adding a new section 15-39A entitled unauthorized commercial equipment, providing for legislative findings, providing definitions providing for the empoundment of unauthorized commercial equipment used in connection with unlicensed commercial activities in the Ocean Beach Park. Providing for notice, administrative fees and reclaim procedures. Providing for joint and several responsibility of owners, operators, principles, employees, agents, and persons acting on behalf of an unlicensed beach business. Providing for appeal, providing for codification, severability conflicts, and an effective date. Staff representative David Dicki, development services director. Recommendation adopt on first reading. Move

to adopt. Second. Any public comment? Any commission comment? All in favor? I. Motion passes 50. Number five.

Okay. Item five, approve task order number eight from Kimy Horn in the amount of $64,55 to provide professional landscape architectural services, bidding assistance, and joint partnership agreement, application preparation through FDOT for the beautifification of eight existing landscape medians located along State Road 520 from Bsentennial Park to Ocean Beach Boulevard. This is a budgeted capital item. This was added 41426. Staff representative Brad Cowzo, water reclamation director. Recommendation approved. K5 move to approve. Second.

Motion and second. Uh I just want to say this is a this is a long time coming for me. This is something that I ran on uh my first my first term. Uh so it's nice to finally see this starting to come to fruition. If you don't know what I'm talking about, it's the the 520 corridor. When we come into 520, those meetings are in serious need of of revamping and and beautifification. When we come into Cocoa Beach, a resort uh orientated residential community, uh I don't feel like that's what we see when we come in. So, this is taking that step. Unfortunately, uh we have to spend quite a bit of money just for the engineering of it, but it's a necessary evil, and I'm and I'm excited to get this uh moving forward. So thank you city manager for for getting this in motion.

Yeah. So and and Brad thanks for pulling the the thread on that quickly. So if you go to the south they're doing a great job all along A1 coming from Patrick Pineita. So it's going to be good look coming into town. So kudos in those bullet points. Should they add freeze tolerant? Good point. I'm actually I think uh I'll be on that board as well and uh I'm well aware of of what's uh what is that board? I'd like to volunteer. We don't need 70 80 100 foot palm trees to draw frogs on it. Yeah. No, I get you. Cleaning. Yeah, I get you. So, uh yeah, the Well, we we'll we'll take good care of it.

And one quick, the money investment, this is a necessary step to potentially qualify for for funds, right? So, it's not just we're designing it. This is the That is correct. F will give us no, you know, grant funding if we don't go through this step. Yeah. All right, Janice, come on down. So, um, you like that I explained it first. Yeah. Do I You like that I explained it first? Yeah. That that you're going to nominate me to be on the board. Thank you. No. You're How many boards can you be on? I'm not on any city board. I nominate Janice.

Okay. So, um, because I garden a lot and I didn't lose anything in this last cold thing, I thought it would be important for you all to focus on that the landscape material be salt tolerant, heat drought tolerant, and cold tolerant 100% and not put any royal palms down the middle like uh, Merit Island. They're not native or buy $15,000 of date palms from the desert. Thank you. Thank you. All right. Any other public comment? All in favor? I I um we are journ