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City Council

March 26, 2024 ·6:00 PM Final

Cocoa City Council Chambers

Agenda — 59 items

  1. 1 CALL TO ORDER
  2. 2 INVOCATION
  3. 3 PLEDGE OF ALLEGIANCE
  4. 4 ROLL CALL
  5. II. APPROVAL OF AGENDA AND MINUTES:
  6. 6 AGENDA:
  7. II.1 Approval of the March 26, 2024 Regular meeting agenda as written or with amendments. 24-159
  8. 8 MINUTES:
  9. III. AWARDS AND PRESENTATIONS:
  10. III.1 Key to the City Presentation for Jawaan Taylor. (Comm. & Econ. Development Director) 24-123
  11. III.2 Recognizing March 18-22, 2024 as Florida Government Finance Professionals Week. (Finance Director) 24-127
  12. III.3 Proclamation Recognizing Water Conservation Month. (Utilities Director) 24-133
  13. III.4 Proclamation Recognizing Hemophilia and Bleeding Disorders Awareness Month. (Deputy Mayor Hearn) 24-152
  14. III.5 Proclamation: Proclaiming Saturday, April 6th, 2024 as an Arbor Day Event. (Mayor Blake) 24-113
  15. IV. DELEGATIONS:
  16. 16 In accordance with the City Council's rules and procedures, residents or tax-payers of the City (upon any subject of general or public interest), City employees (regarding his/her employment), and water and sewer customers (on matters related to the City's water and/or sewer system), may address the City Council under Delegations on items not on the printed agenda by filling out a speaker card. Speaker cards are located outside the Council meeting room and should be provided to the City Clerk. Please observe the time limit of three (3) minutes while speaking under Delegations. Delegations shall be limited to thirty (30) minutes unless extended by Council.
  17. V. CONSENT AGENDA:
  18. V.1 Authorize the City Manager to execute an agreement between the City of Cocoa and CSWR-Florida Utility Operating Company (CSWR) for the billing and servicing of wastewater utility records and the collection and remittance of utility receipts. (Finance Director) 24-025
  19. V.2 Approve a HOME Investment Partnership (HOME) Program Agreement with Community Housing Initiative, Inc. (CHI) in the amount of $279,799.61 to award funds for the administration of the City’s Purchase Assistance Program. Approve a Resolution Amending the FY 2024 HOME Budget, BAF#24-068-A, trueing up the Fiscal Year 2024 accounts. Approve a Resolution to Waive Competitive Bidding. (Community Services Director) 24-050
  20. V.3 Council approval for the City of Cocoa to accept the donation of a German Shepard to be used in patrol K-9 for tracking, narcotics searches, and apprehensions by the Cocoa Police Department, to allow the City Manager to sign the Waiver of Liability and Hold Harmless Agreement between the City of Cocoa and Officer Matthew Fitzgerald and to Approve a Resolution Amending the FY2024 budget, BAF#24-061-A in the amount of $6,000. (Chief of Police) 24-111
  21. V.4 Approve participation in a Cooperative Purchasing Agreement for the purchase of a GMC Sierra 1500 4WD Truck and the associated options and equipment for FY24 utilizing Sourcewell Contract 2024 091521-NAF&06; Approve a Resolution amending the FY 2024 Budget through BAF #24-065-A, in the amount of $48,220 for the purposes of purchasing a new truck for the Building Department. (Community Services Director) 24-114
  22. V.5 To Approve Change Order #5 to Purchase Order 77494 with Kirwin Norris, PA, for trial preparation litigation activities, including engineering expert services, regarding the pending lawsuit against Brandes Design-Build for Issues with the Jerry Sellers Tank Coating Failure/Repairs. (Utilities Director) 24-116
  23. V.6 Approve a Save Our Indian River Lagoon (SOIRL) grant funding agreement in the amount of $18,949 for Design and Permitting of a dry retention pond at the intersection of North Cocoa Blvd and Forrest Ave. Approve a Resolution Amending the FY24 Budget, BAF # 24-069-A recognizing the revenue. Authorize the City Manager to Sign and Administer the Grant Agreement. (Public Works Director) 24-129
  24. V.7 Announcement of Mayor Blake, Deputy Mayor Hearn and Councilmember Goins to Attend the Florida Black Caucus Conference from April 4 - 5, 2024. (Administrative Services Director) 24-132
  25. V.8 To provide approval for the City to apply for the Victims of Crime Act (VOCA) Grant Cycle 2023-2024, for salaries, benefits and operating costs for the Victim’s Advocate Program, in order to provide victim advocate services to crime victims along with operating budget for supplies. (Chief of Police) 24-137
  26. V.9 Approve Task Order 2024-02 with HDR, Inc. for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting, Project No. TCR001 in the amount of $177,844, of which the City of Cocoa will fund its pro-rata share of $10,670.64 pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc. (Water Suppliers). Approve a Resolution Amending the FY2024 Budget, BAF#24-071-IFT, to Receive Funding from the Water Suppliers and provided the 6% of City of Cocoa’s Portion and Allow for the City Manager to Finalize the Accounting of this project through the BAF. Approve an Amendment to the Consultant Agreement accepting HDR’s revised Rate Schedule. (Utilities Director) 24-153
  27. V.10 ***Confidential per FS 119.0725*** Authorize City Manager to execute purchase orders up to the budgeted amount to Samsara Inc, for Cloud Based Vehicle GPS location service for City of Cocoa vehicles and equipment and Authorize City Manager to execute any Change Orders that may be need for additional vehicle gateways up to the budgeted amounts. (Public Works Director) 24-154
  28. 28 MULTI-YEAR CONTRACTS:
  29. V.11(b) To Approve Amendment #1 to the Multi-year Task Order 2023-33 with Jacobs Engineering, Inc. (Jacobs) to provide Engineering services for the design, permitting, and bidding of the project to replace the Carbon Dioxide Storage and Feed System at the Dyal Water Treatment Plant (WS23BR); To Approve a Resolution Amending the FY2024 Budget, BAF# 24-053-T and Allow for the City Manager to Finalize the Account Numbers for the Replacement of the Fluoride Bulk Storage Tank (WS23FT). (Utilities Director) 24-066
  30. V.12(b) Approve a multi-year piggyback agreement for Planning and Zoning Services with Inspire Placemaking Collective, Inc. based on the City of Wildwood contract RFQ #2023-011. Authorize the City Manager to approve amendments or extensions to the agreement. Authorize the City Manager to approve task orders up to $106,399 for FY 2024. (Finance Director) 24-125
  31. V.13(b) Approve the three-year collective bargaining agreement between the City of Cocoa and the Teamsters Local Union 769 Cocoa Fire District Chiefs for the contract term of October 1, 2023 through September 30, 2026. (Administrative Services Director) 24-147
  32. VI. PUBLIC HEARINGS:
  33. VI.1 Conduct a Public Hearing to obtain citizen input and comments on housing and community services needs and approve recommendations on the FY 2024-2025 CDBG and HOME program funding. (Community Services Director) 24-149
  34. VI.2 Request to Postpone Consideration of a Zoning Map Amendment consistent with Appendix A, Zoning, Article XXI, to change the Zoning Map designation of eleven parcels totaling 1.39 acres, with the address 301 S. Cocoa Blvd., from C-P, Commercial Parkway, to C-N, Neighborhood Commercial to the April 9, 2024 City Council Meeting. (Planning Consultant) 24-163
  35. VII. COUNCIL BUSINESS:
  36. VII.1 Approve a First Addendum to the City Manager’s Employment Agreement. (City Manager) 24-162
  37. VII.2 Approve the current Code Enforcement Lien for the residence located at 1206 Yale Lane, be reduced to $15,332.50. (Chief of Police) 24-051
  38. VII.3 Approve the current Code Enforcement Lien for the commercial property located at 1127 W King St, be reduced to $4,085.42. (Chief of Police) 24-098
  39. VII.4 Approve the current Code Enforcement Lien for the residential property located at 633 S Varr Ave, be reduced to $1,500.00. (Chief of Police) 24-100
  40. VII.5 Approve an Interlocal Agreement with Brevard County transferring to the City of Cocoa the road right-of-way, maintenance, and associated functional responsibilities for James Road west of Friday Road. (City Attorney) 24-120
  41. VII.6 Consider approval of the Interlocal Agreement regarding the James Road Segment with the Windward Preserve Community Development District for perpetual maintenance of the James Road Segment. (City Attorney) 24-121
  42. VII.7 Consider a Donation request for Cocoa High School’s 3rd Grade Literacy and Theater Event. (Administrative Services Director) 24-130
  43. VII.8 Request Council approval of an Interlocal Agreement (ILA) for Affordable Housing construction and related costs, up to $800,000, in the Michael C. Blake Subdivision between the Diamond Square CRA and the City of Cocoa; Approve a Resolution Amending the FY 2024 Budget, BAF #24-066-IF2, in the amount of $800,000, transferring this amount to the City’s General Fund to complete the construction of the five affordable homes and BAF#24-070-T in the amount of $92,651 transferring funds within the General Fund; Approve an Amendment to the Construction Agreement between the City of Cocoa and Community Housing Initiative, Inc. for the construction of five (5) homes in the Michael C. Blake Subdivision. (Community Services Director) 24-150
  44. VII.9 Request Council approval of a waiver of Utility Impact Fees for the affordable housing construction in the Michael C. Blake Subdivision. (Community Services Director) 24-160
  45. VII.10 Approve Resolution #2024-030 establishing the Vacant Property Registration Fee for Foreclosed Vacant Properties within the City of Cocoa. (Community Services Director) 24-151
  46. VII.11 Consider the appointment of 1st Alternate member Melissa Acosta-Bonilla to fill a Regular member vacancy on the Code Enforcement Board. (City Clerk) 24-157
  47. VIII. CITY BUSINESS:
  48. VIII.1 Approval of the 2023 AVT exemption for Walmart based on the fulfillment of all the requirements of the Ad Valorem Tax Abatement Economic Incentive Agreement by maintaining 239 jobs at an average annual wage above $42,421. (City Manager) 24-143
  49. IX. INFORMATIONAL AGENDA:
  50. IX.1 In accordance with City Code, Section 2-74, at the beginning of each month during the fiscal year, the City Manager shall submit to City Council data showing the relation between the estimated and actual income and expenses to date. (Finance Director) 24-134
  51. IX.2 FY 2024 February Budget Adjustment Report. (Finance Director) 24-135
  52. IX.3 In accordance with the Financial Operations Manual (FOM) the City Manager shall submit to City Council in the form of an agenda item any approved change orders to construction contracts that the City Council has authorized the City Manager, by resolution, to approve in excess of the City Manager’s spending authority. (Finance Director) 24-136
  53. IX.4 Bi-weekly Report from February 23 - March 21, 2024. (City Manager) 24-156
  54. X. REPORTS:
  55. XI. ADJOURNMENT
  56. XII. NOTICE TO THE PUBLIC:
  57. 57 This is a public meeting. All interested parties may attend in person. The facility wherein this public meeting will be held is accessible to the physically handicapped. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk of the City of Cocoa, listed below, at least 48 hours prior to the meeting: Monica Arsenault, City Clerk, 65 Stone Street, Cocoa, by telephone at (321) 433-8488 or via email at marsenault@cocoafl.gov. Additionally, interested persons may view or listen to the meeting electronically at the following internet sites: (1) https://tinyurl.com/s5e875r or (2) https://cocoa.legistar.com/DepartmentDetail.aspx?ID=26365&GUID=FF9D3369-D354-4FAB-800A-57D0AEE30153&Mode=MainBody However, the City is not responsible for technical difficulties that may occur while attempting to view or listen to the meeting on the internet. Interested persons may submit their written comments or questions regarding the meeting prior to the meeting through Email at meetings@cocoafl.org, or via E-comments through the online agenda. Any electronic comments submitted will be made part of the meeting record. Written comments or questions not relevant to the Council meeting agenda will not be made part of the meeting record but will be maintained as public record. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the City Council with respect to any matter considered at its meeting or hearing, that person will need a record of the proceedings and for such purpose, affected persons may need to assure that a verbatim record of the proceedings is made, and such record shall include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals otherwise not allowed by law. Although members of the public are entitled to be heard by the City Council on certain items on the meeting agenda pursuant to the City Council Rules of Procedure, members of the public are not entitled to an immediate response by either administrative staff members or Council; however, the City Council or administrative staff may provide a response at their discretion. When presenting before the City Council, all comments or questions should be directed to the Mayor or the chair of the meeting. Comments or questions should not be made directly to administrative staff without permission from the Mayor or chair. Public debate by individual speakers from the audience on public hearing items shall be limited to three (3) minutes. Applicants or representatives of recognized groups with special interests in a matter shall be limited to ten (10) minutes; and total debate on a single issue shall be limited to thirty (30) minutes. Only one presentation per person per item shall be allowed. A Council member may add an item to the agenda during the meeting only at the time the agenda is approved. If the item requires action by the Council, then it may be added to the agenda by an affirmative vote of the Council, and written documentation must be submitted at the time the item is added to the agenda. Matters may also be raised by the Council, City Manager or City Attorney under reports and acted upon by the City Council. This agenda is posted on the Municipal Bulletin Board and at the Central Brevard Library and Reference Center in Cocoa for public review.
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