[0:08] Welcome to the regular meeting of the Cape Coral City

[0:10] Council. Today is August 26, 2026. This meeting now comes

[0:14] to order. Please stand for invocation and pledge allegiance by

[0:17] our council member Stinky. Please bow your heads as we

[0:24] remember all those around the globe that have lost their

[0:27] lives recently. Fighting for the freedoms that we enjoy today.

[0:37] Father, we thank you for the opportunity to gather. And

[0:40] discuss those matters that affect us here locally. We thank

[0:43] you for the opportunity to have a voice in that.

[0:45] We thank you for those that dedicate their time to

[0:48] understanding the issues, reaching out. To have questions answered that

[0:53] are necessary to make those decisions that are in the

[0:56] best interest of the most people that we can in

[1:00] this city. We pray for objectivity. We pray for sensitivity.

[1:05] We pray for the grace necessary to deal with those

[1:08] issues that are controversial and to deal with them respectfully.

[1:12] And deal with each other with grace. Father, we thank

[1:15] you for the men and women locally and abroad. That

[1:19] fight for the freedoms that we enjoy today. We ask

[1:21] that you would watch over them safely. Give their families

[1:25] peace as they wait for their return. And we pray

[1:28] that you allow them to come home safely. We ask

[1:31] all these things in the name of Jesus. Amen. Amen.

[1:36] I pledge allegiance to the flag of the United States

[1:40] of America. And to the Republic for which it stands

[1:44] one nation under God, indivincible with liberty and justice for

[1:48] all. Madam City Clark, please call the roll. Mayor Gunters

[1:57] Donnell. Here. Kaduk? Here. Kilrayne. Here. Lastra. Here. Lehman. Long.

[2:05] Here. Stein key. Here. All present. Okay, item five is

[2:09] changes to the agenda. Are there any changes to the

[2:11] agenda. Council member Donova. See your light on it. Yes,

[2:15] thank you, Mayor. I would like to add a motion

[2:17] to reconsider ordinance number 2026 under. Unfinished business. It was

[2:22] one just so council knowledge that we had a conversation

[2:25] about the special magistrate and the hearing examiner. All right.

[2:30] In order to that for reconsideration, you'd need a second.

[2:34] Is there a second for that move? I second it.

[2:36] Okay. All right. Uh, Madam City clerk, could you call

[2:40] the role for the reconsideration. Kill rain. Aye. Lastra? Aye.

[2:48] Lehman. No. Long? No. Steinky? No. Donnell? Gunter? Aye. Kaduk?

[2:57] No. Four ayes, four nays motion failed. Okay. I will

[3:03] entertain a motion for the agenda as presented. Motion to

[3:09] accept a genre present as presented. Second. Any council discussion.

[3:16] Seeing none, Madam City clerk. Please call the rope. Kill

[3:20] rain. Aye. Master? Aye. Lehman. Aye. Long. Aye. Thank you.

[3:26] Aye. Donnell. Gunter. Aye. Kaduk? Aye. Eight ice motion carried.

[3:33] Okay. Item six is recognitions and achievements. Uh, sixa. We

[3:38] have a presentation for city employees for years of service.

[3:40] I'll be making my way down to the front.

[4:11] Okay. Today is my privilege to recognize and celebrate. This

[4:16] particular employee as he retires after many years. Of dedicated

[4:20] service to the city of Cape Coral. During this time

[4:24] with Parks and Recreations, Department has served as a chemical

[4:27] specialist. Providing valuable knowledge, expertise, and commitment to the important

[4:32] work that happens every day behind the scenes to maintain

[4:36] our facilities and serve our community. He has demonstrated professionalism,

[4:41] dedication, and the strong commitment to the city of Cape

[4:44] Coral. His years of service have contributed to the quality

[4:48] of our parks and recreations operations. And ultimately to the

[4:53] quality of life enjoyed by many of our residents and

[4:56] visitors. Madam City clerk, could you please read the name

[5:00] of the recipient along with the years of service? And

[5:03] as his name is called, please come on down to

[5:08] get your award. Deniz Veles, parks and recreation department, 31

[5:15] years of service.

[6:26] Okay, let's move on to citizens input. Just a reminder,

[6:31] if you haven't filled out a comment card, please, one

[6:33] up front. To my left, you're right. You can fill

[6:37] out a card so the city clerk can call you

[6:39] up, council member Dono. I see your light on. Yes,

[6:43] I just wanted for council's consideration. Um, last week during

[6:47] the meeting, our mayor protein did an excellent job. One

[6:51] of the things that we did do was violate our

[6:53] rules. The rules that specifically talks about clapping. We've got

[6:58] some comments behind it. So for your consideration before we

[7:01] start tonight, I was wondering, would you have an appetite

[7:03] to suspend that portion of clapping for this meeting only

[7:07] until we can revisit that totality of that subject? Because

[7:11] we're either going to allow it or not. If we

[7:14] start, if we enforce our rules tonight, like we really

[7:17] should have, but I didn't call the point. Then, you

[7:21] know, we got to enforce our rules. So I just

[7:23] wanted to know, that's my thoughts just suspended. Until we

[7:27] revisit that whole, since we did it last week. That's

[7:30] all. Thank you, Mayor. Is that a motion. Sound like

[7:34] a motion to me. Um, is that something that's motionable,

[7:38] Mr City attorney. This is really a, you're really just

[7:42] moving away for a portion of a suspension of your

[7:45] permanent rules. So it has to be done by majority.

[7:48] So I would recommend doing it by way of emotion.

[7:50] Motion to suspend the clapping part of our ordinance just

[7:55] until we revisit at a later date. That's all. Thank

[8:00] you. Council member last year. Thank you, Mayor. So just

[8:05] to understand you better, Dr. D, what you're saying is

[8:08] that you want to make a motion to not have

[8:12] clopping. That's already in our rules. To not have clapping.

[8:17] To suspend it so they can't because we let them

[8:20] public do it last year. So do we want to

[8:21] make a motion then to change the rules to add

[8:24] clapping today. Only specifically suspended. Oh, suspended. Suspended for this

[8:29] meeting until such time that we revisited. Because the only

[8:33] options are to either suspended. Or, well, suspended, keeping in

[8:37] place or get rid of it. So I just say

[8:39] suspended. So that we keep in line with our rules.

[8:43] Okay. Thank you for clarifying. Thank you, Mayor. Uh, Council

[8:46] Member Kilring. Yeah. Uh, just so I understand it too.

[8:50] Uh, Councilman Darnell. Um, I reviewed all of the commissioner

[8:56] meetings. And in Charlotte, in Lee and in call your

[9:03] county, as well as all the municipal meetings of council

[9:06] meetings, all of those. Prevent clapping. Resolution today

[9:17] for consideration is to suspend that, allow clapping for this

[9:21] meeting until we can resolve it in the next meeting?

[9:25] Yes. The last meeting, we allowed it. We allowed it

[9:30] last meeting. We broke our own rules last meeting. Right.

[9:33] So now it'll be really interesting if we now today

[9:37] start enforcing it. Cause I know the next thing the

[9:39] mayor is going to do is read our rules, which

[9:40] he should. So now we've created a conundrum. So to

[9:43] get us away from that and not go off on

[9:46] a tangent, we just suspend it for now revisit it

[9:48] and make a decision on it. Just a classroom portion.

[9:52] The implication would be our next meaning. We'll just have

[9:54] a discussion on it whether or not we should impose

[9:57] that rule. Well, sometimes sooner. Whatever your pleasure is, but

[10:01] just this meeting, I'm saying to suspend it. You either

[10:04] suspend it or we enforce it. That's where we are.

[10:08] Okay. Thank you. So our wheel. Uh, council member stanky.

[10:12] Thank you, Mayor. Yeah. Uh, this he wouldn't even be

[10:15] brought up. Had a gaveled in our last meeting. These

[10:19] are business meetings. And so I was errant in my,

[10:24] uh, neglect to allow the clapping that was allowed. Obviously,

[10:32] if you're doing three miles over the speed limit, the

[10:35] officer gives discretion once in a while. I felt like

[10:38] I gave limited discretion. And obviously it is a rule.

[10:45] And it should be imposed. I think the understanding that

[10:48] these are business meetings, they're not sporting events or anything

[10:52] else. And their rules state that the clapping is not

[10:55] allowed during the business portion of the meeting. When we

[10:59] have, when we have acknowledgments and recognitions, uh, to applaud

[11:03] those, that are deservant of that. I think that's the

[11:07] reason why the rule states that it's during the business

[11:10] part of the meeting that it's not allowed. So I

[11:12] would apologize for, uh, for breaking policy and not gaveling

[11:18] the clapping that happened last week. But I think that

[11:20] it is a, I think that it is an appropriate

[11:23] venue to conduct business, uh, like business should be conducted.

[11:29] And as, uh, council member, Killerain said, it's the way

[11:32] it's done in all the other chambers across the other

[11:35] municipalities in the county. So that's just my input. Council

[11:40] Member Lehman. Yeah. Um, in view of what council member

[11:45] stanky just said, I don't think this needs to be

[11:49] revisited. I think we need to go back to, I

[11:52] think a motion needs to be made to go back

[11:54] to Robert Schools of order and follow what we've always

[11:58] done. It's a business meeting. No clapping period. And if

[12:05] need be, I will make the motion to do so.

[12:08] Yes, but he, to discuss it further. Please keep your

[12:13] comments to yourself. Uh, I'll make a motion that we

[12:17] go back to the way the rules are supposed to

[12:19] be. And we follow what other municipalities do. And the

[12:25] clapping at a meeting other than, you know, at an

[12:29] award presentation. Council member Dono. I already have a motion

[12:35] and a second. But let's just put some real talk

[12:38] to what's going on up here. All right. The mayor

[12:40] wasn't here last meeting. We counsel me as a senior

[12:45] member allowed our rules to be broken. Now play this

[12:49] out what happens when the mayor returns and we start

[12:52] enforcing it. Just play that out real time. Do you

[12:57] understand what we're talking about? Now all of a sudden

[13:01] that seat is not about the who is about the

[13:02] what. Now we just put that seat. Right out there

[13:05] and it's going to happen as soon as I'm sitting

[13:06] here. So I'm trying to avoid a circus so we

[13:11] can conduct a meeting, move forward and deal with it.

[13:15] That's just how I see it. I could be wrong.

[13:17] I'm going to go whatever you all want to do.

[13:19] But understand that we let it go last week and

[13:21] now we're asking that seat which just happens to be

[13:23] the mayor to gavel it. And it is going to

[13:25] happen as sure as I'm sitting here. And resets. And

[13:28] here we go. That's the purpose. We can leave it

[13:33] with, I can rescind my motion and. Well, your motion

[13:37] wasn't recognized because first of all we already have one

[13:40] motion on the floor over there. Let's leave it with

[13:42] the motion we had. Right. Thank you. All right. I

[13:46] mean real quickly for me, I know we've had this,

[13:48] uh, discussion before many times. So it's not like this

[13:52] is, uh, the first time this has come up, uh,

[13:55] and in the past, we've always kept the rules in

[13:58] place that we had. Um, for me, uh, as the,

[14:02] uh, basically the chair of the board, my responsibility is

[14:07] the follow the rules. Whether I agree with them or

[14:09] I don't agree with them. Now when clapping is concerned,

[14:13] I agree with them only because we're here to conduct

[14:16] business. Can you go to the courthouse and clap? Can

[14:19] you go to other, uh, county or municipal governments and

[14:23] act that way. You cannot. So I think it's important

[14:27] that we make sure that we continue down the path

[14:31] that we've been. That's what my vote's going to be.

[14:34] But as always, and I've said this the last nine

[14:37] years that I've been here. This body will make that

[14:39] decision. And whatever that decision is. And however that boat

[14:44] goes, I will abide by it because that's what my

[14:47] job is. And I've done that many times before. So

[14:51] we'll make this decision as a collective body. But me

[14:54] personally, uh, I think that we're here for, for, for

[14:58] business purposes. Because we've already seen, if you give an

[15:03] inch, they take them all. So once you open this

[15:05] Pandora box, it will continue and continue down that way.

[15:11] So with that, uh, Councilmember Long. Yeah. So I'm just

[15:17] trying to play catch up here. I guess what I'm

[15:19] gathering is that everybody, most of the people here had

[15:22] selective amnesia last week about our rules. And now Mayor's

[15:25] back and we're all acting like now we remember what

[15:27] the rules were. Um, you know, that's fine. I think

[15:31] that maybe the motion should be amended the better way

[15:34] to phrase it rather than this temporary, this temporary that

[15:37] is, do we want to make another motion to remove

[15:40] that section from our rules? Yes or no? We've already

[15:42] made that, we already had that decision. Three, four months

[15:46] ago possibly. Couple of us up here voted to allow

[15:49] it. Some of us, the majority of us did not.

[15:52] That's fine. But I'm kind of wearing this weird place

[15:54] now where, well, last year last week we let it

[15:56] go. We shouldn't have this week, maybe we're going to

[15:59] do a temporary one. We're going to talk about it

[16:00] later. Why don't we just be done with it? Do

[16:04] you want to do it? Do you want to change

[16:05] the rules? No, I'm sure. To allow it or not.

[16:08] And then it's done. We don't have to come back

[16:09] and get, cause you're to your exact point. The circus

[16:12] is back next week because we're talking about clapping again

[16:14] next week. Cameras are here next week because we're talking

[16:16] about clapping. Cause we postponed that decision. Make the motion.

[16:21] I would suggest to amend the motion to modify that.

[16:24] And you know, as an aside, we violate these council

[16:26] rules. Dang near every meeting. Uh, and one form or

[16:28] another. There's a section in there with regard to the

[16:32] invocation, uh, the requirement that it's nonsectarian. More often than

[16:36] not, that's violated. So do we want to pick which

[16:38] ones that we're going to adhere two strictly versus those

[16:41] that we knowingly are not miss every week. That's a

[16:45] whole nother discussion. But it just seems silly to me

[16:48] that, that now, you know, I appreciate what you're doing,

[16:51] but I got to, I got to call it like

[16:55] it is. So all right. That's where I'm at. I

[16:57] would, I would amend it. I would suggest you, I'm

[16:59] in the motion to just definitively ask whether or not

[17:02] we want to remove that portion. But I'm only one

[17:05] boat. Thank you. Council member could do. Thank you, Mayor.

[17:10] I think we all know where I stand. I last

[17:12] time we talked about this. I said, let them clap.

[17:14] And since then, we have rearranged our agenda. That citizen's

[17:18] input is now in the beginning. And it's before business.

[17:21] So in that case, I would allow placard. Council member

[17:28] dinell. Um, I hear you. I'm fine with it. I

[17:32] will withdraw my motion so you all can make that

[17:35] motion about that. Because we have not had that discussion

[17:38] as a body, but if that's the ways we're going,

[17:41] I would withdraw my motion. And then someone else can

[17:43] make that motion. Okay. I'm fine with that. Council member

[17:47] Killrane. Yeah. I was just going to suggest with a

[17:52] follow along with what the council person long had said.

[17:56] I think let's settle it now. Let's get it up

[17:59] in the table. And I will make a motion to

[18:02] continue the rules as they now exist. Lots of double

[18:07] negative. Yeah. I don't think we need to make a

[18:13] motion to continue the rules the way they are. The

[18:17] rules are effective as Mr. Cydia attorney. The rules are

[18:20] effective as of right now. There's no reason to make

[18:23] a motion to. Sorry, I can't hear you. The rules

[18:26] are effective as they right now. If you want to

[18:29] alter them, that's what I think council member long is

[18:32] referring to because there is the provision that clapping isn't

[18:35] allowed. So if you want to either amend it to

[18:39] remove it, suspended, um, this is the opportune time to

[18:43] do that. So the motion, if there was one to

[18:45] be made based on what council member long state, it

[18:49] would be motion to amend a council rules. Removing, clapping

[18:53] as a prohibition during the meeting. All right. Uh, Council

[19:03] Member Kilrain, are you? Yeah. You don't. My son. No

[19:07] other lights on. So, uh, I'll give anybody an opportunity

[19:12] to make a motion or we'll move forward. Okay. See,

[19:17] no motion made. We'll move forward with, uh, item eight

[19:21] of the citizens'input. Just remember citizens are given opportunity to

[19:26] be heard. Concerning matters scheduled on the council agenda and

[19:30] any other pertinent to the city's business in order to

[19:33] promote an orderly system hold to public business meeting and

[19:37] to ensure that individuals are not embarrassed or harassed as

[19:40] a result of their exercise, write a free speech. The

[19:43] city is established rules. That must be followed. The speaker

[19:47] is required to mean maintain proper decorum at all times.

[19:51] Only the person recognized by the mayor shall be addressing

[19:54] the city council or making any audible remarks during the

[19:58] business portion of the meeting. Unauthorized remarks stomping on feet

[20:02] whistling or similar demonstrations shall not be permitted during the

[20:06] business meeting. No person has permitted to interrupt the city

[20:10] council proceedings or that the comments of any person recognized

[20:14] by the mayor in any manner. No person is permitted

[20:17] to behave in a disorderly manner by shouting yelling whistling

[20:21] chanting singing dancing, clapping foot stomp and cheering, cheering. We're

[20:26] engaging in any other disruptive display during the city council

[20:29] meeting. No person is permitted to refuse to follow the

[20:33] instructions or to comply to the policies that have been

[20:37] adopted by resolution and approved by the city council. Any

[20:43] person who engages in this type of behavior that is

[20:47] prohibited herein and is being boisterous or disrupted in any

[20:52] manner, uh, and their conduct, uh, during the city council

[20:55] meeting, shall be asked to leave or maybe escorted from

[20:58] the room. With that being said, Madam City clerk will

[21:01] turn it over to you to call the first speaker.

[21:05] Lou Navarra and David Scott.

[21:29] Good afternoon Mayor Council Unovar of Vintage Cape Poor resident.

[21:34] Entertainment for today's meeting looking ahead for city council. Incidentally

[21:39] mayor, um, in the words of President Nixon, you're only

[21:43] defeated when you quit. So good to see you back.

[21:46] For the time being. Uh, flock cameras. Let's limit them.

[21:51] There are violation of the First Amendment. I talked to

[21:54] Chief Sizemore by text. He's a great guy, but I

[21:57] think he's going to be a politician when he wrote

[21:59] me his answer. Look for him to run for 2030

[22:03] mayor. I'm serious. I can't show you what he said.

[22:09] But I think they need to be limited. I want

[22:11] to see the future. The council addressing this. Remember the

[22:15] Nazis and the fascists said that, uh, the ends justify

[22:20] the means. Uh - uh. This is America. Code enforcement.

[22:25] I like the mayor's new proposals. Let's get rid of

[22:28] these unlicensed people. I'm still in a small claims from

[22:36] Hurricane. So, uh, I'd like that. I want you to

[22:39] continue investigating that. And I did call for a review

[22:45] of code enforcement under the direction of Mr. Hoglin and

[22:48] Miss Raul. Uh, I met with the mayor about all

[22:52] that. I don't think he needs to micromanage me and

[22:56] other citizens. The flag. Wonderful. Continue with the new home

[23:02] for the 55 foot veteran spy. That was good. Restore

[23:09] voluntary councils. The magnificent four of the members we elected

[23:14] in 2024. They went to stakeholders, stakes are for corporations

[23:21] and eating dinner. Tom, the shed wreck. He wouldn't be

[23:25] running for district one if you hadn't kicked him off

[23:28] the voluntary councils. So, you know, where is Tom? Go

[23:34] Tom. All right. So moving quickly along restore eight A

[23:39] of the agenda. That's for the future too. Petitions to

[23:43] council. It was illegally removed. The charter stands for it.

[23:48] Review and restore old language so we don't get kicked

[23:53] out so easily. Uh, move the meetings back to 5

[23:58] p. m. I think the one council member wanted him

[24:01] at 9 p. m. She's in a fog, you know.

[24:05] Uh, preview of the coming attractions. Totsi take out the

[24:09] trash. They say two members. Are targeted to resign. I

[24:13] say make it three. And, uh, leave the fourth one

[24:18] over there. She's okay. But, uh. I'll put them out.

[24:24] We can't say names, but it's my fearless warrior over

[24:27] there. It's my nice lady over a year. And it's

[24:32] my honest man over there. Thank you, counsel. Thank you,

[24:35] Mayor. Thank you. David Scott.

[24:56] My name's David Scott. I live in the Northwest Cape.

[25:00] And, uh, we had quite a historic election. And, uh,

[25:04] the bunch of things that came up and all of

[25:07] this that are, they're very troubling actually. So let's get

[25:11] into it. I've only got two minutes and 44 seconds

[25:14] left. I got started with all this over all the

[25:20] controversy with the rowers. And we heard there was 1400

[25:24] against 40. Then we started in with public records request.

[25:29] And we were told that it was going to take

[25:30] about 6, 500 dollars to get the information that we

[25:33] wanted. We refined those queries and we got the information

[25:37] that we wanted for pennies. The same thing's going on

[25:41] right now with the traffic study that was done on

[25:43] the seven islands project. It's completely bogus. We're trying to

[25:47] get that. And we're told it's going to cost about

[25:50] 6, 500 dollars contracted up in Tampa right now and

[25:54] he's working on it. It's as bad as the valuation

[25:58] report that I've talked about to many of you. The

[26:02] valuation report is a joke. We gave this property away

[26:06] this property was at least a 50 million dollar property

[26:09] back in 2021. You gave it away for 20. And

[26:13] this developer apparently needed 15 million. From somebody here to

[26:18] help them get the sales price, which is pretty weird.

[26:21] How undercapitalized are these people. Now we've had a former

[26:25] mayor when all the, uh, public fighting started with the

[26:30] current mayor and the former mayor. Former mayor is a

[26:34] good friend of mine. And he's a very accomplished well

[26:37] - educated attorney. He said people are asking him if

[26:41] our current mayor is a crook. And he says, no,

[26:44] I don't think so, but he just makes so many

[26:46] bad decisions that people think that. Well, I started with

[26:50] the valuation report. It's bogus. So you were stupid there.

[26:57] The traffic report, that's bogus. You were stupid there. The

[27:01] RFP, the whole sheurette nonsense with the Northwest neighborhood association,

[27:06] trying to represent something. The D1 plan destroyed the value

[27:10] of that property. Then we claim that we had a

[27:13] very complicated RFP process. So that was flawed as well.

[27:17] Now we've got past council members here saying that there

[27:20] was a relationship between the present mayor back when he

[27:24] was a district one council member and forest. So I

[27:29] told many of you, you needed outside council. You can't

[27:32] count on this guy. I don't know where we dug

[27:34] him up, but talk about somebody on thin ice. But

[27:38] you need outside counsel and we need an investigation. How

[27:42] did we get somebody like forest development in here? The

[27:45] subject of RICO complaints. They have 14 million dollars in

[27:49] liens and lawsuits against them. And not one of you

[27:52] did the due diligence to call the city manager over

[27:55] in Lake Park and talk to them about the person

[27:58] or this entity that you've invited into. Our. Thank you.

[28:02] Yeah. I like Wes Owen. And Joanne Denate Uris.

[28:15] Wes Owens. Yep. Mayor Council, Wes Owen. The question before

[28:20] us today is whether this council will be proactive. Or

[28:23] is it oddly by the police department expands a citywide

[28:26] surveillance system without meaningful transparency, public debate or accountability. AOPRs

[28:33] can help solve crimes. Find missing people and improve officer

[28:37] safety. That is not the issue. The issue is our

[28:41] cake girl system was implemented. Who authorized it and what

[28:43] safeguards govern it. In August, 2024, Council approved a speed

[28:49] zone detection contract that included ALPR technology. Not an expressly

[28:56] authorized citywide surveillance network. CCPD later said it deployed the

[29:02] broader system in 2025 and authorized the deployment itself. When

[29:06] councilwoman conduct asked whether additional flock cameras are being installed,

[29:10] the police chief answered that they were not flocked hammers.

[29:14] But the substance of requestion was clear. This was not

[29:17] transparency. It was obfuscation. Last week, a former state or

[29:24] sold officer was charged after allegedly searching the same plate

[29:27] 355 times. Including 121 times in a single day. Those

[29:33] searches were not uncovered. By the department's internal controls, but

[29:38] by USA Today reporter. Cape Cora Police has pointed the

[29:42] internal safeguards as acting controls. Sarasota shows why they are

[29:47] not enough. If 355 searches of one blank and occur

[29:52] without internal controls, exposing the pattern, independent oversight does not

[29:56] be a radical. It is necessary. Cape Roche had immediately

[30:00] shut down its citywide ARPR system until clear safeguards are

[30:05] publicly adopted. Independent council oversight. Automatic review of unusual searches,

[30:11] corner approval for historical tracking, et cetera. Emergencies. Public reporting,

[30:16] strict data sharing rules and council approval before expansion. Cape

[30:21] Coral can use this technology, but only under rules that

[30:24] are publicly adopted independently reviewed, transparent, and informal. Acting now

[30:32] is not anti - police. It is how we protect

[30:35] both public safety and liberty. And once again, I find

[30:38] myself saying, do your jobs and let us clap. Thank

[30:44] you. We're clapping, please.

[30:58] Good afternoon, Mayor Council. Um, I'm here to talk about

[31:01] solid waste and stormwater and your 35 million dollar proposed

[31:07] deficit that you're facing if the property tax goes through

[31:11] in October or November on the ballot. So as you

[31:15] know, the governor is trying to cut the fat. Period.

[31:18] Bottom line worked for county government for 35 years. They're

[31:21] facing the same issues. Spoke to county commission as well.

[31:25] As far as solid waste, ridiculous. Should have never renewed

[31:29] waste prose contract back then. And we still have an

[31:32] issue. They want me to tie branches in a bow.

[31:35] It's three feet. I can't tie that stuff up. Take

[31:38] it. You've got a claw come and get it. Be

[31:40] done with it. Stormwater. Since they put the UEP in

[31:44] north one, we have stormwater drains now. The street is

[31:48] flooding worse than it used to. I don't understand that.

[31:51] So that needs to be addressed. I know whoever paid

[31:55] for their UEP. We'll get some kind of money back.

[31:59] Well, we'll see. Um, the taxes have gone up because

[32:03] they added that to the advalorium taxes. So anybody's tax

[32:07] that was too grinned are now paying eight grand. That's

[32:10] like living up north. So, you know, the taxes are

[32:15] getting out of hand. It's just too much waste. The

[32:19] Board of County Commissioners has what four commissioners. Five commissioners.

[32:23] How many we got here? Eight. You guys can't even

[32:27] make a decision on whether it's a clap or not.

[32:30] That's ridiculous. I propose that. We don't need eight people

[32:35] on the board here. It's why. Four and four, nothing

[32:41] passed. Sounds a little to me. So, you know, if

[32:47] you get four degree for the don't agree. So then

[32:51] null and void doesn't pass. Anyway, but your 35 million

[32:54] deficit. They're cutting the fat. Don't put the taxes on

[32:59] us. Thank you for your time. Oh, I still have

[33:02] time. I'm sorry. 35 million that you're looking at a

[33:05] deficit. You need to look at your budget. County put

[33:11] a flat budget out certain departments. Um, if this does

[33:14] pass, yeah, public safety may be hit. Fire. I don't

[33:19] know. You know, we'll have to see what happens. But

[33:22] I'm for police protection. We got too many immigrants here.

[33:26] Ice is busting people all over the place. It's been

[33:28] on the news. Get rid of them. You're not a

[33:31] taxpaying citizen. You don't live in America. Get the hell

[33:33] out. That's how I feel. You want to become a

[33:36] citizen. Do it legally. My ancestors came over. They came

[33:41] over legally. Went through hells island. Duh. So all I

[33:46] can say is you need to look at your budgets.

[33:50] I don't agree having eight people on the panel here.

[33:53] That's a waste. County commission. They do a better job.

[33:59] Thank you for your time. Thank you. Tim Dolly and

[34:05] Gary Eldrid.

[34:16] Good afternoon Mayor Gunter and members of the council. My

[34:19] name is Tim Daly. I'm going to Cape Corps resident

[34:21] and I live in the Northwest Cape as well. I'm

[34:24] here today because I'm concerned about whether the level of

[34:28] marine patrol coverage in Cape Correl is adequate for a

[34:31] city whose identity. Lifestyle property values and public safety are

[34:37] so closely tied to the water. We call ourselves the

[34:42] venous of America. We have more than 400 miles of

[34:45] navigable canals. 150 miles of salt water and 250 miles

[34:51] of fresh water. It's an extraordinary. Amount of water for

[34:56] one city to patrol. Recently in our backyard of witnessed

[35:00] jet ski is traveling at over 50 to 60 miles

[35:03] an hour in my estimation. Through no egg zones on

[35:07] the spreader canal. That raises a larger question for me.

[35:12] When something dangerous is happening on our waterways. Do we

[35:16] have enough dedicated marine patrol resources to respond while it's

[35:22] actually happening? My understanding is that the Cape Coral Police

[35:26] Department has a marine unit. What I don't, and I'm

[35:29] not able to determine is how many sworn officers are

[35:34] assigned to it. How many patrol boats are operational. How

[35:38] many units are normally staffed on the water and what

[35:41] hours are these areas regular patrolled. I think we residents

[35:45] of Cape Coral deserve to know. It's not simply about

[35:48] wake violations. It's about reckless boating. It's about speeding wildlife

[35:53] protection boating under the influence accident search and rescue and

[35:58] protection of our waterfront properties. And having a visible law

[36:02] enforcement presence that deters dangerous behavior before somebody gets hurt.

[36:08] Importantly, the police department's own 2026 through 2030 strategic plan

[36:14] identified extending, expanding the marine patrol boating safety enforcement as

[36:20] an objective. So I'm asking the city to create a

[36:24] new priority. I'm not asking the city to create new

[36:26] priority. I'm asking the council to make sure that we

[36:29] are adequately supporting a priority we've already asked for. I

[36:34] respectfully ask the council to have the city manager and

[36:36] police chief provide report on marine patrol staffing operational vessels

[36:42] patrol hours calls for service response times and how coverage

[36:47] is divided between our freshwater and saltwater canal systems. If

[36:52] the current resources are not sufficient, I would ask counsel

[36:57] be presented with options and costs. For expanding that coverage.

[37:02] For a city with over 400 miles of canals, I

[37:04] believe a strong and visible marine patrol presence should be

[37:08] a fundamental part of our public safety. Thank you Mayor.

[37:12] Thank you, council. Thank you.

[37:26] Good afternoon Mayor City Council. As you know, I've been

[37:29] coming to these meetings quite regularly for the last X

[37:33] years. First of all, it was Mayor Sawicki. When I

[37:39] was president of the new residence club. She spoke in

[37:41] front of theirs. So, uh, you've seen me a lot

[37:44] here. I've tended a lot of meetings. Finally, the citizens

[37:48] of Cape Coral are speaking up. And I applaud them.

[37:52] So, uh, my topics are nothing personal. And hopefully they'll

[37:56] be professional. Uh, one of the candidates running for mayor

[38:00] indicated that he's going to try to bring back bike

[38:03] night. I'm very familiar with it. I met with Mr.

[38:07] Stanke. I met with the police chief. Parks and recreation

[38:11] director along with other, uh, Bike Night groups. And I

[38:17] saw an interesting video. That they presented. It's quite alarming

[38:22] as some of the things that do go on during

[38:24] bike night. I'm probably assure you and Mr. Styche can

[38:28] speak at this that bike night will not be on

[38:31] 47th. Second of all. I noticed that any questions that

[38:38] are asked by the city council by some of the

[38:41] city employees come back as a condescending comments. Why are

[38:48] you asking me this. So I would, and I know

[38:50] I've dressed this with the mayor, or not the mayor,

[38:54] the city manager. And they are quite responsive. To try

[38:58] to not have a condescending attitude and being challenged by

[39:02] some of the remarks that are asked by the city

[39:05] council. Lastly, and I hate to even bring this up.

[39:12] In light of last week's council meeting to discuss the

[39:17] rowing clump, it is quite evident. That district to councilperson

[39:20] was way over her head regarding the decisions that affect

[39:24] many residents in Cape Coral. When the rowing club students

[39:29] outshine and embarrass a city council member would fax changes

[39:33] needed. Poor decisions. And not knowing the basic understanding of

[39:41] procedures. Budgets. Means this person should resign to better serve

[39:47] district two and residents of Cape Coral. Lastly. Mr. Long

[39:55] made a comment I saw. Sir, if you could just.

[39:59] Oh yeah. City council. So city council person. Made a

[40:05] comment regarding three fishermen's and the amount of money that

[40:09] we spent when litigation. I think it's over two million

[40:13] dollars if I'm not mistaken. So I hope when we

[40:16] go forward some of those litigations that we're going to

[40:20] have, uh, take those into consideration. Thank you very much.

[40:26] Thank you. Tom Shadrach and Lynn Reedy.

[40:35] Good evening. Tom Shadrach. Just one, you only have one

[40:39] consent item. So I thought I'd kind of address some

[40:42] questions towards it. No complaints or anything, just questions. Um,

[40:48] this is about the solid waste collection for commercial applications.

[40:52] I asked when we were doing the RFP for WACEPRO,

[40:56] which is under right now under the coat of silence,

[41:00] I guess on what we're deciding there. Uh, I asked

[41:03] that let's throw the commercial into the big picture for

[41:06] revenue consideration and to make sure we can spread the

[41:09] overhead over the commercial aspect as well. That wasn't included.

[41:14] So here we are just talking about rates. This is

[41:17] a direct pass - through that waste pro bills directly

[41:20] to our commercial entities. And we talk about, we need

[41:23] more commercial revenue in Cape Coral. But here we're not

[41:30] recognizing this revenue as a source of funding for overhead.

[41:35] I mean, if you'll, when we talk about solid race

[41:38] for residents, you'll see overhead as a big expense into

[41:44] residents. That doesn't get any allocation to this commercial cost.

[41:48] And I don't know what the franchise fees, if there's

[41:52] any associated with the commercial aspect, these are questions, right?

[41:56] Because we know trash trucks probably create the most damage

[41:59] to our streets than any other vehicle. So do they,

[42:04] is this money get included in the franchise fee value

[42:07] that they do pay to us? These are just questions.

[42:10] I don't know, because it's really kind of outside our

[42:13] revenue stream because it's just a mount that's increased. And

[42:18] a lot of people are discussing, is this how waste

[42:21] pro gets well? Cause we know we get a pretty

[42:23] good deal because it's a fixed price contract, but do

[42:26] they get well because of these commercial rates? We don't

[42:29] know. I don't know what kind of revenue this adds

[42:32] up to that Ways Pro is receiving from these commercial

[42:35] contracts. It could be part of the revenue that offsets

[42:39] are overhead. We have like what six people that oversee

[42:43] waste pro from a residential cost. None of that gets

[42:46] allocated. Are we received back from the commercial world? So

[42:51] do we want more commercial value in our city? This

[42:57] seems to be the opposite. The residents are funding the

[43:01] commercial side of waste. Collection. That's what it looks like.

[43:06] I could be wrong. But these are kind of questions

[43:08] I would ask and expect you guys to know and

[43:12] understand. Thank you for that. And we'll talk later at

[43:14] the hearings. Thanks.

[43:25] Hi, I'm Lynn Ready. I live in 2237 Southwest 15th

[43:32] Avenue. Keep coral. I received a letter from the city

[43:36] regarding. Utility assistant assessment. Would you? Yeah. A little closer.

[43:43] Um, I received a letter from the city regarding a

[43:46] utility assessment from the previous owners at hardship deferment. And

[43:53] I've thought all of that was dealt with last year.

[43:56] And now I have another one to appear here. For

[43:59] the same thing. And I have the information here showing

[44:04] that it's been paid. If you have questions, we can

[44:10] have a staff member try to help you. Yes. I

[44:13] have questions. Okay. Just go ahead and have a seat

[44:17] and somebody will get with you. Okay. Perfect. Lassette Fialo

[44:22] and Marie Kavanaugh.

[44:32] Urattay, non, tu, everybody, en special resident. Um, here are

[44:38] many times yesterday I have meeting with Miss Lastra. Miss

[44:42] Lastra, thank you so much for listening to me because

[44:46] my problem, many problem with this city. It is over

[44:50] a year. Um, yesterday, uh, you know, milk with you

[44:55] only clarify because meeting before you say to me in

[44:59] front of the resident, I try to avoid taxes. You

[45:03] know, Aaron Aboy taxes. My application in my fence, the

[45:09] cost was 500 dólar. So I paid taxes about 500

[45:14] dólar because my family, help me do everything, everything who

[45:18] is my husband. Now my friends has to remove, has

[45:24] to take care of and put new fame because they

[45:27] mistake was building the parming. They signed it and they

[45:32] stamped the perming. And now they sent to me that

[45:36] we have to remove the fence, you know, dawa. Okay.

[45:40] I agree with you. Thank you so much because after

[45:44] February 25, I try to contact, you know. Richard Miller.

[45:51] Todd Hoagland, Rachel Kadu, Michael, love, love Michael Gunter, nobody.

[46:01] Trae to meet with me. Two listen to me. But

[46:04] after one year, you finally listen to me. Now my

[46:09] family and me is no harassment is no stalking me

[46:15] and my family. No, this is persecution with my family.

[46:19] This is harassment. This is discrimination. I claim equal rise.

[46:25] I claim my freedom porque aren't living in American. Okay.

[46:29] Now my daughter, you know, recipe dislero, my daughter never

[46:36] renting you house in the Airbnb. And this is not

[46:41] fair. The dictator government. For mi opinión is dictator government,

[46:50] because I live in freedom. This is persecution because mydore

[46:55] house never renting. Airbnb platform. You don't know why they

[46:59] say in dislero, because these under field or neigh. This

[47:04] is persecution. Hay remember one day when Mr. Mike say

[47:10] I don't. I told you now in front of the

[47:14] people, I don't answer any email from the resident. Hide

[47:20] that in this pooly beari one time. Because I remember,

[47:25] I don't like. I say true. You got is with

[47:28] me because I am clear person. Transparent person. He say

[47:33] that here. I don't answer anything. Thank you.

[47:52] Okay. My name is Marie Kavanaugh. Vice chair. Take out

[47:55] the trash committee of Cape Coral. First I want to

[48:00] talk about Bimini East. There's some questions that really need

[48:03] to be answered. And nobody's answering. You give them up

[48:06] here. You ask questions. Nobody bothers to answer them. They

[48:09] just ignore it. And hope we go away. Well, I

[48:12] got questions. Uh, we did a little investigation into the

[48:18] proposal that, uh, crown development. Brought forth. And according to

[48:23] that, and Charles Crane agrees with me on this. The

[48:29] city is going to put in a minimal of 60

[48:32] million dollars out of the 500 million they're claiming. Is

[48:36] it going to cost? And that's only a portion of

[48:37] it. There's more. That haven't been determined yet what the

[48:43] costs are because staff never supplied it. We're going to

[48:46] do all the lighting fixtures. Um, on Coronado and Cape

[48:51] Coral Parkway. We're going to do some development beyond Miramar

[48:58] and Coronado. And there's no prices there. Before we're done,

[49:02] I imagine we're going to be probably footing at least

[49:06] 100 million dollars Well, on to JC Park, wow, 18

[49:10] million dollars later half the park is not usable. We

[49:13] were promised a bistro that was going to bring in

[49:19] 500 million dollars a year. Well, right now we got

[49:22] three food trucks coming on the weekends at 375 dollars.

[49:30] A weekend each. And over the course of the year,

[49:33] that 17, 000 dollars We put 18 million. We are

[49:37] owed an explanation as to why that park is in

[49:41] the horrible situation it's in. There was obviously a design

[49:46] flaw. The whole center section is all soggy. It's like

[49:51] a swamp. If my front lawn looked like that, I

[49:54] would have code compliance tickets up to my roof and

[49:59] thousands and thousands of dollars. And as far as this

[50:02] little dissertation this morning about whether we can clap it

[50:05] out, if you look at your agenda, we're not in

[50:08] the business meeting yet. Citizens input is above that. And

[50:13] I'm sure staff is going to scurry off and move

[50:16] it down under business. The citizen's input. But last week

[50:20] was a great meeting. We didn't have gavel guy here

[50:26] smashing us down at, you know, anytime anybody clapped. Anybody

[50:30] said anything. It was wonderful. Even the council looked more

[50:34] relaxed. Everybody here looked relaxed. And what good time was

[50:39] had by all. So I've come to the conclusion, it's

[50:42] his fault. And that's why he lost his election by

[50:47] 85 percent. Hi, Kyle. Muhammadu and Ken Jans.

[51:02] Good evening, Kyle Lamadou chair of Take Out the trash.

[51:05] Boy. There has been a smell of fear in this

[51:08] room recently and I love that smell. It's coming from

[51:10] up there. I don't know why the city is so

[51:14] fearful of the citizens controlling their own government, but that's

[51:17] a question you guys should ask yourself. So now to

[51:20] the mayor. You have two options in my opinion of

[51:24] how you take your last two months. To. Listen. I'm

[51:33] listening. I'll do that with my ears, not my eyes.

[51:36] Okay. I'll have to judge Judy says listen with your

[51:39] ears. So I think you could do one thing. You

[51:42] could apologize to the citizens tonight. You could resign and

[51:46] then you could walk out. Or you could be a

[51:48] mayor for the people that you always should have been.

[51:52] You get to decide how your last two months go.

[51:55] Now we're going to talk about council member district two

[52:00] and council member district. Oh, what are you five? I

[52:03] think five. So she already know where I'm going. So

[52:09] I pledge to not accept any stipend from my full

[52:12] term and lead in its trapel. Restore resident subject manager

[52:17] experts to key committees. Champion the voice of the people

[52:21] in all programs, including budgeting, parks and rec, JC Park,

[52:25] and the yacht club. Be your full - time councilman

[52:28] at part - time pay. Now, are you sick and

[52:33] tired of corruption in our city. Wasteful spending by the

[52:37] mayor and city council. Voted themselves a stipend without a

[52:41] citizen's vote. Skyrocketing your taxes. Spending money the city doesn't

[52:46] have. The city becoming a concrete jungle. Disastrous park projects

[52:51] such as JC Park, which is now a perfect refugee.

[52:55] Or do you want a bar, a band shell and

[52:57] food trucks? The city wasted 2. 5 million dollars on

[53:01] Coviel a park. That is not handicap or senior accessible

[53:04] and cannot be navigated by strollers, bikes, or our pets.

[53:10] Each homeowner in the northeast will be forced to pay

[53:12] for 35, 000 for water and sewer. I was 38.

[53:19] I stand for transparency. Honesty and integrity, strong character. Both

[53:26] of you have two years left. And you get to

[53:30] decide how those two years go. We saw somebody, very

[53:35] rollover very quickly last week and change their vote on

[53:37] certain things. But at the end of the day, you

[53:40] get determined what you want your legacy in the city

[53:42] to be. And you guys have the chance to actually

[53:45] make it a decent one. Because right now, everybody I

[53:49] talk to is not happy with you and they are

[53:51] not happy with you. The one who's probably falling asleep.

[53:53] Thank you. Can. Jan's and Anne Birchtol.

[54:06] And Birchko.

[54:18] And votes told, take out the trash. I didn't really

[54:21] think I was going to be speaking tonight. I came

[54:24] down here thinking I was going to sit myself down

[54:26] and have a meeting. And Dr. D, you surprised me.

[54:30] Maybe it was the excitement or the relaxation of the

[54:34] pleasant council meeting last week. But you had something to

[54:39] say and it was wonderful. Let's revisit clapping. What a

[54:44] great idea. But unfortunately, Ryan. But the gavel's out. But

[54:53] unfortunately, nobody could come to what you were saying. And

[55:01] understand what you were saying. Which really hurts my heart.

[55:06] Last week's meeting was orderly. And with decorum. And yes,

[55:11] there was clapping. We clapped, right? I think even the

[55:16] council people clapped. Y'all enjoyed yourself for once. You look

[55:19] like it was really a good time. And sometimes we're

[55:23] not going to have meetings that are a good time.

[55:25] But it was a great meeting. And I am sure

[55:29] all of you agree, if not openly, maybe just quietly.

[55:34] That last week's meeting proved that citizen participation was a

[55:39] valuable part of the meeting. Right? Valuable. And as for

[55:44] the all - consuming compulsation with the business aspect of

[55:49] a meeting, I just talk a quick look at the

[55:51] agenda. And guess what? The agenda says that citizens input

[55:56] us before business. Before. I like somebody else said. I'm

[56:00] sure that'll change next week. It'll be changed. And as

[56:05] for the statement from one of the council members that

[56:10] every other meetings, Sanibel, Port Charlotte, Fort Myers, wherever, every

[56:17] other meeting, there is no clapping. I don't know where

[56:20] that person dreamt that up, but it's just another example

[56:24] of whimsical nonsense. That comes before us. Whimsical nonsense from

[56:31] the bench. Dr. D, it was a great way to

[56:36] start the meeting. Thank you. Please, no clapping. Oh,

[56:46] stop. Not a judge. Your honor. And city council. I

[56:51] am. In receipt of comment cards after last call was

[56:57] given and the box was collected. Um, and your council

[57:01] rules on page 13. It says that the mayor shall

[57:05] provide a last call notice during the meeting after which

[57:09] point no further public comment cards will be accepted by

[57:12] the city clerk. They were dropped off physically to me.

[57:16] I just wanted to let council know in case they

[57:19] want to do what we have. Two. Two. I would

[57:22] let them go ahead. Yeah. I think two is fine.

[57:24] Okay. David Kalish. And Lisa Cohen Atkinson. Mayor, before they

[57:30] start. May we take a boat on what we're doing

[57:37] here. Because we are, again, our rule state that has

[57:40] to be approval of counsel. And I know we all

[57:42] going to approve. Let's just make it formal. Okay. So

[57:45] we don't get shot down with that. I would like

[57:48] to make a motion that yes, we continue with citizen

[57:51] input for the last two speakers. Second. No other lights

[57:58] on, Madam City Clark, please call the rope. Kill rain.

[58:00] Aye. Lastra. Aye. Lehman. Long. Sanky? Aye. Janelle Gunter. Aye.

[58:09] Kaduk? Aye. All eyes motion carried. Was that.

[58:19] For you? Yeah. Okay. You guys know me, Dave Kalish.

[58:24] I used to come here real lot. Before I got

[58:26] tired talking to a brick wall. I'm back. I'm glad.

[58:31] I'm back because I'm excited that the people in the

[58:34] city are finally waking up. And realizing that we need

[58:38] change. From where we are. Okay. That's a very big

[58:43] deal to me. I'm very happy about it. Um, hopefully

[58:47] we can move forward and keep staying with making the

[58:51] changes and the people keep staying involved. Because a lot

[58:54] of times for all the years I've been here to

[58:58] a council meeting, I've watched most of the time and

[59:01] you could count on your hand if you watch four

[59:05] at most five of you actually will watch the person

[59:09] that's talking to you. Three to four of you will

[59:13] be playing on your computer or eating your dinner or

[59:16] whatever they have you're doing. Okay. No offense. I find

[59:20] that to be disrespectful, extremely enrude. We don't do it

[59:25] to you. Why should you do it to us? Okay.

[59:28] We're here for you to pay attention. I know you

[59:30] don't care and you're not going to answer. You've proven

[59:33] that for all the years I've been here, I've never

[59:36] seen you guys really give a crap about anything. That's

[59:39] a big deal. And that's why I'm really happy that

[59:42] the people in this city are waking up. And district

[59:46] to them a little very disappointed in what you did

[59:49] with the vote last week. But we need more change.

[59:55] That's just the beginning. You know, I'm not going to

[59:58] miss them. I can't say his name. Not that anybody

[1:00:01] doesn't know who I'm talking about. You know. But, um,

[1:00:06] I don't know what to say. I mean, I'm just,

[1:00:08] I'm disgusted. I'm very disgusted. I came, I moved to

[1:00:12] Cape Coil. And he is a good story. I moved

[1:00:17] to Cape Coil and I had something going on that

[1:00:19] I needed to get permission for. I was brand new

[1:00:22] here. I didn't know anybody. So my, my bad that

[1:00:26] I didn't know how bad it was here. Okay. So

[1:00:29] I went and talked to my council member and I

[1:00:32] said that I needed a fence in my yard because

[1:00:34] I have a special needs to order. I've been holding

[1:00:37] this in for seven years. I never get told anybody

[1:00:41] this, but the answer that I got, and this is

[1:00:45] on God, from God. This is the truth. Okay. Was,

[1:00:50] huh. Good luck with that. Okay. So for me, what's

[1:00:54] going on now, what happened with the primary is a

[1:00:58] much more of a big deal for me than anybody

[1:01:00] else. Because I turned around and I walked away and

[1:01:04] I said, there is going to come a point that

[1:01:06] you're going to get yours. Okay. And I'm very, very,

[1:01:09] very, very happy and proud of the people in this

[1:01:13] city. But you guys got to pay attention and you

[1:01:16] got to give a crap. And I'm not saying that

[1:01:18] all of you don't. Okay. So don't everybody take a

[1:01:21] personal. I don't mean it that way. But the ones

[1:01:23] that are like that know it. Okay. Uh - oh.

[1:01:26] Wait a minute. That's it. I'm sorry. Good evening, Lisa

[1:01:35] Cohen. Southwest Cape. It was a joyful place last week.

[1:01:39] There's no doubt about it. I could feel the joy

[1:01:41] in the room. It was just, it was a lighthearted

[1:01:44] place. It was a place that people, I smiled more

[1:01:46] than I've ever smiled in this room last week. So

[1:01:49] I'm looking forward to brighter days. There's no doubt about

[1:01:51] it. However, in the meantime, before a single dollar of

[1:01:55] property taxes, 515 dollars for fire, 384 dollars for taxes.

[1:02:02] And after tonight another 163 for stormwater. Over a thousand

[1:02:05] dollars and flat fees. And they don't care what you

[1:02:09] earn. The water bill is in the third straight year

[1:02:14] of 11 percent increases. And the tax rate goes up

[1:02:17] this year. Well, page 51 of the budget still collect

[1:02:21] 7 million more in property taxes than last year. Families

[1:02:25] don't get a rollback right when their income drops, they

[1:02:28] cut. Now the city's page 29 of your own policy

[1:02:33] number one says structurally balance means current revenues equal current

[1:02:37] expenditures. This year and the forecast year, page 46 shows

[1:02:43] 5. 9 million gap this year, 9. 8 million next

[1:02:46] year, 18 million the year after, all covered from the

[1:02:50] fun balance. Personal costs rise 10. 9 million. Short of

[1:02:59] your own policy. And page 63 forecasts of the fire

[1:03:03] assessment collecting 83 million next year up from 64 million

[1:03:07] this year. If that's right, families need to hear it

[1:03:10] now, not next July. When it came time to find

[1:03:15] cuts all at the August 4th workshop, the options were

[1:03:20] an 80 percent fee increase on your youth sports, which

[1:03:24] you rightly rejected and eliminated a vacant position in the

[1:03:28] internal auditor's office, the auditor. And a year that the

[1:03:32] top of the organizational chart got a raise. The city

[1:03:35] managers pay went to 336, 984 last September. About 18

[1:03:42] percent above his 2023 starting salary. And a page 42

[1:03:48] creates two new deputy director titles, which reclassification. Residents keep

[1:03:53] telling me that there are double digit raises for directors

[1:03:57] in here. I can't find that line. And I won't

[1:04:00] repeat a number I can't source. So put it on

[1:04:03] the record before September 10th. The pay change for every

[1:04:07] director level position above next to the market midpoint in

[1:04:11] the Baker Tilly study you paid for. Three asks, reconcile

[1:04:16] policy one with page 46 in writing. Publish executive and

[1:04:21] director pay by position before the first hearing. And before

[1:04:24] you ask a family for one more dollar, show them

[1:04:27] the whole page. Thank you. And please reopen the RFP

[1:04:33] on Biminied. Is that the last person? Yes, sir. I'll

[1:04:39] open up for any council discussion for citizens input. Council

[1:04:44] member last year. Thank you, Mayor. Thank you to everyone

[1:04:49] who spoke. Um, I've just kind of made some notes.

[1:04:52] So I'm going to, I might be a little choppy

[1:04:54] on this. First, I wanted to address ma'am. I did

[1:04:58] not get your name. You may have said it, but

[1:05:00] I didn't hear it. So I apologize when you spoke

[1:05:02] about solid waste. We're going to go through that. We're

[1:05:04] going to talk about that. Um, I plan to pull

[1:05:07] that from the consent agenda item so that we can

[1:05:09] clarify some of those points. And I know they're on

[1:05:12] our discussion for tonight and I anticipate some of my

[1:05:15] team will be asking similar questions as well. So just

[1:05:18] sit tight. Um, Mr. Daly, you spoke about the marine

[1:05:24] unit from CCPD. And I know because I ask every

[1:05:30] year, um, that's one of my favorite ride - alongs

[1:05:34] to do. And I always see every time I do

[1:05:35] it that I always ask the question we really need

[1:05:38] more. Um, we do need more. We have four marine

[1:05:42] unit officers currently and a working sergeant. Um, however, you

[1:05:49] know, each year, uh, you see our police budget, you

[1:05:51] see, um, our need for boots on the ground. And

[1:05:56] this year, we're not increasing that number. Um, the past

[1:06:01] two years have been about half the request that police

[1:06:04] PD has made, um, and then of course response time

[1:06:08] for marine depends on the issue. So if it's an

[1:06:12] emergent issue, it'll be faster. If it's not, uh, then

[1:06:16] it won't be, um, I'm trying to think of a

[1:06:18] good example of that. So for example, if the, um,

[1:06:21] a fire or a potential reckless driving, that's obviously something

[1:06:26] that goes to priority if a resident complains that someone

[1:06:30] speeding through a wake zone or it's too loud. That

[1:06:33] might fall below that priority. I can't say that for

[1:06:36] a fact, but I'm only speaking from experience when I've

[1:06:39] done these ride alongs. Um, and then, you know, we

[1:06:43] also have to weigh out quality of life issues, uh,

[1:06:47] marine issues. So for example, if there's a shooting somewhere

[1:06:52] in the cape and someone at the same time is

[1:06:54] called because someone's speeding in the wake zone, obviously the

[1:06:57] shooting would take precedent. So, um, you know, keep watching.

[1:07:02] Stay tuned. If you have any additional questions, I encourage

[1:07:04] you to reach out to myself. Um, or police chief,

[1:07:08] um, and they can answer your questions more directly. Let's

[1:07:12] see. Uh, let's see. Mr. Aldrid, since I moved here

[1:07:17] in 2008, we've always had, I mean, I moved here

[1:07:20] and would watch, uh, council meetings, um, cause I saw

[1:07:24] them a lot on the news. I think Mayor Sullivan

[1:07:26] was the mayor back then. And there was always group

[1:07:29] of residents. So it's, it's encouraging as an elected official

[1:07:34] to see residents coming forward and speaking and talking and

[1:07:37] asking questions. Um, I think that's why we do our

[1:07:40] jobs up here is because we do want to hear.

[1:07:43] I'm not going to a lot of doors. Um, and

[1:07:45] I hear from residents all the time, what can we,

[1:07:48] what can I do? Should I serve you to make

[1:07:50] it better? Traffic still always the number one complaint. Um,

[1:07:54] and then they're concerned for public safety. But each year

[1:07:58] it's been a new group. And I'm happy to see

[1:08:01] that tradition continue with our city. And then we do

[1:08:05] have bike night. We do have bike night actually. Um,

[1:08:08] we still have bike night. We did a presentation. I

[1:08:10] want to say it our last cow meeting. They talked

[1:08:12] about the cost of the city, uh, 1. 8 million

[1:08:16] for bike night. And red, white and boom. So we

[1:08:21] still have bike night currently right now. Will that change?

[1:08:24] I don't know. That depends on, um, what our budget

[1:08:28] looks like next year. And, um, you know, where if

[1:08:31] it's a priority to the council, um, and then Mr.

[1:08:34] Chadrach, as I mentioned before, yes, we will be talking

[1:08:37] about solid waste. So stay tuned. Thank you, Mayor. Council

[1:08:42] Member Kilring. My first mentioned, we had a couple of

[1:08:46] questions that were centered around technology. And the execution of

[1:08:52] police service and using that technology. Uh, I'm going to

[1:08:57] reference a paper that was provided by chief sizemore. It's

[1:09:01] called trust before technology. It's available on the website. Or

[1:09:05] if it is, and we'll get it up there. It's

[1:09:07] available through his department in any event. It's an excellent

[1:09:10] paper talking about the evolution and technology and how technology

[1:09:15] and democracy is used to, first technology service policing service

[1:09:22] for law and the law serves constitutional liberty. And it's

[1:09:27] with the Fourth Amendment really controls what's available and how

[1:09:30] that's used. And it's, it's a knowledgeable. Document that really

[1:09:35] gets into the trust issue and being able to take

[1:09:40] the good points of technology. And we're talking plot cameras.

[1:09:44] We're talking about license plate readers. Uh, the way it's

[1:09:47] evolved over time. And I mean, it gets into the

[1:09:49] early things like fingerprinting everything else. Uh, it's, it's an

[1:09:53] excellent document. So people who are uncomfortable about how technology

[1:09:58] is moving in to the policing effort. It's been happening.

[1:10:02] It's been evolving for a hundred years, at least. And

[1:10:06] this, this really captures the thought process how our capas

[1:10:16] and do it in a manner that adds some real

[1:10:19] good consideration for the Fourth Amendment. Uh, I recommend it

[1:10:23] for everyone, uh, to take a look at. Uh, the

[1:10:26] second thing I want to address, I put my hand

[1:10:29] on the Bible when I took this job. And basically,

[1:10:33] uh, it is funny, but it's the truth. Uh, and,

[1:10:37] and basically I pledge that I would do things in

[1:10:41] a best interest or residence of the city. I do

[1:10:44] my homework on every meeting. I do it. I evaluate

[1:10:48] things and I'm going to continue to do that. And

[1:10:50] because I'm not meaning what you feel policy should be

[1:10:54] in a specific groups of people, I'm sorry, but that's

[1:10:57] not the way I'm coming down on things. I'm looking

[1:10:59] at it in what my input has been from other

[1:11:04] sources, from the facts. And I make my decisions based

[1:11:08] on that. And if you don't like it, I don't

[1:11:10] intimidate. Well, you can do whatever you need to do.

[1:11:13] But the point being is I'm going to continue to

[1:11:16] operate that way. And that's, that's about it. That's all

[1:11:20] I can say. I follow the facts. I follow what

[1:11:23] I think is reasonable. And I'll make the best decision.

[1:11:26] I feel I can make any interest to the city.

[1:11:30] Thank you, Mayor. Council Member Stinke. Thank you, Mayor. Just

[1:11:34] a few things. Gary, I was going to speak about

[1:11:37] bike night as well. Thank you for acknowledging getting together

[1:11:41] with that. Uh, and the way you started out, uh,

[1:11:44] it sounded like a new candidate was going to bring

[1:11:47] bite night back. Bite night hasn't left. It was talking

[1:11:50] about bringing it back to 47 and having the motorcycles

[1:11:54] on 47 rather than in the, in the parking lot

[1:11:57] in the club square parking lot. So it wasn't the

[1:12:00] bike night's been taken away. Uh, and what, and what

[1:12:03] Gary was referring to, uh, was the inability for, for

[1:12:08] our public safety officials to provide the type of public

[1:12:11] safety that was necessary, uh, if it was left on

[1:12:14] 47th based on, uh, as he stated some, some video

[1:12:18] observations that, uh, would have caused our potentially caused our

[1:12:22] citizens harm. Um, so it was all about, it was

[1:12:24] all about having public safety. The changes. And so the

[1:12:28] thought of bringing it back to 47 was the issue,

[1:12:31] not us not having bike, not anymore. So yeah, we

[1:12:33] still have bike night. Um, as far as being on

[1:12:37] the computer, uh, David, I use my computer to take

[1:12:40] notes. So, um, I'm a hunt and pecker. And so

[1:12:43] I kind of have to look down at the keyboard

[1:12:45] while I take the notes, but, uh, we're giving technology

[1:12:48] use. And rather than using paper and pen and whatnot

[1:12:51] during citizens input, I continue looking up and back to

[1:12:54] my computer to take notes. So that's what I'm using

[1:12:57] my computer for is to pay attention, uh, and have

[1:13:00] nodes to refer back to in the future. Uh, and

[1:13:04] last, as it relates to the flock cameras, I would

[1:13:06] just let you know that, um, my thought on them

[1:13:09] is technology has continued to progress in every aspect of

[1:13:13] our lives. Um, and, you know, as we know, when

[1:13:16] we go through the toll booths and intelligent, if you

[1:13:22] don't have a, uh, you know, a transponder of some

[1:13:26] type that you're going to get a bill in the

[1:13:28] mail, well, the way they know how to send the

[1:13:30] bill and the males because they take a picture of

[1:13:32] your license plate, uh, and so there's, there's cameras all

[1:13:35] over the place. Um, I think when we go into

[1:13:38] publics, we'll see the little round dome up there. It's

[1:13:40] taken your picture. It's taken videos. Uh, and just, you

[1:13:44] know, in the last 12 months, I tell you personally,

[1:13:47] uh, I came home to find someone had run their

[1:13:51] car up onto my personal property and caused quite a

[1:13:54] bit of disruption. 48 hours later, they found out who

[1:13:58] did it. And they had to make restitution. And that

[1:14:01] was because a flock camera is being able to say

[1:14:03] this car is what left this street on that day

[1:14:06] and left half of their side of their car on

[1:14:08] my lawn. So that's what, that's what they're for. There's

[1:14:13] no one sitting there watching a video trying to see

[1:14:16] where you go and where you don't go. Uh, but

[1:14:20] certainly any type of technology can be misused. And so

[1:14:24] the comments around making sure that we have the guardrails

[1:14:27] on that, that they, that the information supplied to them

[1:14:30] is not being misused. Uh, I would absolutely agree that

[1:14:34] we need to make sure the guardrails are on there.

[1:14:36] But, uh, not that we would not necessarily use that

[1:14:38] type of technology. That's it. Thank you. Council member Kadook.

[1:14:44] Thank you mayor. And thank you all for spending the

[1:14:46] evening here with us and coming to speak. We do

[1:14:49] take notes. And I personally write them down, but I

[1:14:52] also look things up while people are speaking. So I

[1:14:55] wanted to address, we just did a whole charade before

[1:14:57] this whole thing started about our council rules and not

[1:15:00] allowing clapping. And in our council rules, it also says

[1:15:02] that speakers must address the council as an entire body

[1:15:05] rather than targeting or questioning individual members. And that was

[1:15:08] not stopped. So if we're going to follow the council

[1:15:10] rules needs to be to its entirety. Thank you. Councilmember

[1:15:15] Lehman. To all of you, thank you for making your

[1:15:21] comments, but to all of you, that seemed to feel

[1:15:25] I need to resign. You have no idea what I

[1:15:28] do. I do my research. I check everything out. Before

[1:15:32] I make a decision. I followed through with emails constantly.

[1:15:38] And to be singled out the way you felt you

[1:15:43] could tonight, little unfair. When you walked a mile in

[1:15:48] my shoes, talked to me about it. Till then don't.

[1:15:52] Thank you. Count. Mr. City Manager. Thank you Mayor. I

[1:16:02] just want to do address with some points of information

[1:16:07] comments about Bimini. And I'm going to use some examples

[1:16:11] of what's in our budget. I had a very good

[1:16:15] discussion with, um, Mr. Charles Crane and Councilwoman Kaduk after

[1:16:20] he put out an analysis that was not, um, accurate

[1:16:26] and kind of misdirected what I felt was a good

[1:16:30] portion of our population. And in fact, at the end

[1:16:33] of the meeting, uh, he, he agreed. That basically he

[1:16:38] made some assumptions that were wrong. And, and then found

[1:16:41] out that it wasn't even his tax money that was

[1:16:43] going to it. And then came to a conclusion that

[1:16:46] maybe he shouldn't even care. But let me give you,

[1:16:48] let me give you some examples of, of what. The

[1:16:51] issue is when, when somebody says, Oh, we're going to

[1:16:54] spend a hundred million dollars at down in Bimini. In

[1:16:59] our budget for the CRA, which is meant to do,

[1:17:05] pay for redevelopment and funded by the business owners that

[1:17:10] are down there. We have projects in there such as

[1:17:13] CRA streetlight renovation. Now I know there's a, there's a

[1:17:18] gentleman in the audience tonight who was constantly talking about

[1:17:23] the lights on Cape Cole Parkway and how they needed

[1:17:25] to be redone. The CRA paid for those. So those

[1:17:33] nice new beautiful lights that went down there. Now under

[1:17:37] the assumption that because we're asking a developer who's going

[1:17:41] to be doing a project down there to do that

[1:17:42] work for us. As part of their project. Well, which

[1:17:47] project do you want me to assign all those CRA

[1:17:50] streetlights to. None. We did it ourself. But when we

[1:17:58] have a developer down there who wants to redevelop an

[1:18:01] area of the CRA, we ask them to do things

[1:18:05] for us so that at the time that they're doing

[1:18:08] the development, we're not coming back and tearing up the

[1:18:12] streets, tearing up the lights, tearing up the stormwater. So

[1:18:17] to just take projects that we would otherwise have to

[1:18:21] do on ourself and say, where's going to be spending

[1:18:25] those or giving those to them, it's not a fair

[1:18:31] assignment of a project cost. To Bimini. So for example,

[1:18:37] we also have stormwater. The stormwater system down there is

[1:18:41] at end of life. I could go do it right

[1:18:44] now. And waste the redevelopment agency's money. Because we'll replace

[1:18:49] all the pipes and then they'll go in there and

[1:18:51] tear them all up. Or I could tell the developer

[1:18:56] while you're building this development, please fix our pipes while

[1:19:00] you're tearing up the roads to do the utility connections

[1:19:04] that you need to do. That's not an assignment of

[1:19:09] project costs to that development. That's us working with the

[1:19:12] private sector. That is what good government does. We identify

[1:19:16] the things that we need to do. We partner with

[1:19:19] the developer and we put in the development agreement for

[1:19:24] them to do it and us to pay it so

[1:19:27] it gets done at the time that all the work

[1:19:29] is being torn up. We've got trash compactors down in

[1:19:33] the CRA. In the middle of Big Johns parking lot,

[1:19:38] they're not compactors yet. They're just dumpsters. We have them

[1:19:41] in club square. When we do those, they're going to

[1:19:45] be completely for the business. They have nothing to do

[1:19:48] with city government. It's for the businesses in the CRA.

[1:19:52] When the CRA spends money to put in trash compactors

[1:19:56] to benefit them, whose business do you want me to

[1:19:58] go around saying, well, this is the benefit you. Nobody,

[1:20:04] because it's not an appropriate assignment of contract costs. And

[1:20:07] what we're trying to do to redevelopment the CRA. So

[1:20:10] when you look at the term sheet that we put

[1:20:13] out for Bimini and you take all of the costs,

[1:20:17] the projects for the road projects, for the light projects,

[1:20:21] for the stormwater. And you try to say that that

[1:20:24] is the city giving that to the developer and we're

[1:20:28] spending a hundred million dollars. That's really inappropriate because what

[1:20:33] we're getting is projects done that we need to have

[1:20:36] done by the developer who's going to work and partner

[1:20:39] with the CRA. And then lastly, there was a statement,

[1:20:45] I think it would honestly do think it was just

[1:20:47] an error. Um, there's no, there has never been a

[1:20:50] projection of any, um, concessionary at JC Park bringing in

[1:20:55] 500 million. I think that was a Freudian slip. So,

[1:21:02] but what, what was always contemplated was, um, for that

[1:21:06] to bring in revenue and to that would offset some

[1:21:09] of the debt service costs. Thank you. Okay. Thank you.

[1:21:15] Let's move on from the, uh, to the next item,

[1:21:19] which is the consent agenda, uh, which is 10A. I'll

[1:21:24] open up the consent agenda. Apparently there's only one item

[1:21:27] on here tonight. Resolution 220 - 26. Council member last

[1:21:33] year. Thank you, Mayor. I'm going to pull this resolution

[1:21:36] 2026 because I want some clarification from our direct geofinance

[1:21:41] crystal when we get to it. Thank you, Mayor. All

[1:21:44] right. And since this is new, the item, you go

[1:21:47] ahead, Council Member, last year. Thank you, Mayor. Thank you,

[1:21:52] Crystal, for coming up. For the public's, the purpose of

[1:21:56] explaining this publicly, because there seems to be a lot

[1:21:59] of back and forth I'm seeing all over social media.

[1:22:03] And I just want you to clarify this out loud

[1:22:05] as to why, um, how this works in terms of

[1:22:09] why we're determining this. And then, uh, where the money

[1:22:13] comes from and goes to. This, we currently have a

[1:22:20] contract with waste pro to provide hauling waste hauling services.

[1:22:24] Um, at the beginning of that contract, there were fees

[1:22:27] established. But what was also built in was an annual

[1:22:31] CPI adjustment to those commercial rates. And so section nine

[1:22:35] of our city ordinance requires us to adopt those rates

[1:22:40] before each October one, um, and so that that's exactly

[1:22:44] what this resolution is doing. It's applying that, um, contractual

[1:22:48] obligation of the CPI, um, to the rate and by

[1:22:52] resolution, we're adopting those rates. Um, this is for commercial.

[1:22:58] The city does not bill our administer the billing for

[1:23:01] commercial properties. The commercial billing waste pro does that on

[1:23:07] their own. We, what's different is for the residential rates,

[1:23:11] which we'll go over later, um, on the agenda. And

[1:23:15] once those are approved, the city through the tax bill,

[1:23:20] uh, work with the tax collector to administer the billing

[1:23:23] for the residential rate. So the residential side of that

[1:23:26] contract is billed through the city by way of the

[1:23:30] tax bill. Commercial rates are different. That's handled directly by

[1:23:34] waste price. Waste pro. Okay. Um, so you're saying this

[1:23:38] we have to, we've done this annually, I know. Um,

[1:23:41] I just wanted to clarify it for the public sake.

[1:23:44] So it's, let's say no different. Someone brought up the,

[1:23:47] the water increase of 11 percent, which was approved by

[1:23:50] council in 2023. And I know it's a three year

[1:23:53] 11 percent increase over three years. And to stop that,

[1:23:57] it's no different than this to stop that. Then we

[1:23:59] wouldn't be able to, um, continue with plan projects that

[1:24:04] say, or in waste post case, you know, plan pickups

[1:24:07] or plan service, if you will in the future if

[1:24:10] we just stopped it, correct? Well, we don't receive any

[1:24:13] funding from these rates. It's built by waste pro. They

[1:24:17] collect the revenue. It's theirs. Okay. We're just contractually obligated

[1:24:21] to apply that CPI each year. So that's really our

[1:24:24] only involvement in the commercial side. Okay. Thank you. I

[1:24:27] just want to clarify that. Thank you, Mayor. Kilms member

[1:24:31] Kadu. Thank you, Mayor. We also had a speaker ask

[1:24:34] a specific question. Does this money get included in the

[1:24:37] franchise fee. It does not. Thank you. See, I know

[1:24:43] other lights on. I'll entertain a motion. Merci and to

[1:24:46] approve. All right. Motion in the second, uh, on the

[1:24:53] floor. Mr. Citimanager. I just want, I think the question

[1:24:58] was asked wrong. I think you said, does it get

[1:25:01] included in the franchise fee? I think the question you

[1:25:04] wanted to ask, does this generate a franchise fee. Right.

[1:25:08] So the franchise fee is, is just a payment that

[1:25:11] we receive from the WACEPRO. It could be a combination

[1:25:15] of whatever revenue they collect across their business. Um, it's

[1:25:18] not directly correlated to, um, well, it is. Um, but

[1:25:24] we don't receive, it's not a one for one directly

[1:25:27] from the rates. It's a separate calculation based off of

[1:25:31] those rates that are intake. Okay. We have motion second

[1:25:35] on the floor. Madam said, you clerk, please call roll.

[1:25:39] Kill rain. Aye. Lastro. Aye. Lehman. Aye. Long? No. Steinky?

[1:25:45] Aye. Donnell. Aye. Gunter? Aye. Kaduk? No. Six eyes, two

[1:25:52] nays motion carried. All right. We'll move on to, uh,

[1:25:58] the next item on agenda is appointments to boards and

[1:26:01] committees. We do not have any item 10 C as

[1:26:03] unfinished business. C1 is follow up items for council. Nonlisted

[1:26:07] follow up items for city management. None listed. Uh, item

[1:26:12] 11's ordinances and resolutions 11a public hearing for quasi judicial

[1:26:16] hearings. We have none the night. 11B is the legislative.

[1:26:20] Public hearings first of which is resolution 235 - 26,

[1:26:25] Madam City clerk. Please read title. Resolution 235 - 26.

[1:26:30] A resolution of the mayor and city council of the

[1:26:32] city of Cape Coral, Florida. Certifying the results of the

[1:26:36] primary election held on August 18, 2026, providing certificate of

[1:26:41] official returns from the League County Supervisor of Elections, providing

[1:26:45] for an effective date. Okay, I'll turn it over to

[1:26:48] staff. It really is just a matter of a resolution

[1:26:56] of you approving it. It'd like funct three. Okay. All

[1:27:01] right. I'll open up public hearing anyone wishing to speak

[1:27:03] on resolution 235 - 26. Please come forward. 221 -

[1:27:11] 26. 235 - 26. It's the first one under legislative

[1:27:15] hearings. All right. Seeing none. Public input is now closed.

[1:27:26] Is there. A motion to approve resolution 23526. Is there

[1:27:35] a second. Any council discussion. Seeing none, Council Member Kaduk.

[1:27:42] Thank you, Mayor. I understand that this is procedural. Can

[1:27:45] you please just explain exactly how this ended up on

[1:27:48] our agenda and why. If we don't approve it, what

[1:27:54] happens? You have to approve it. There is no option.

[1:27:57] Exactly. Thank you. All right. Madam City clerk call. Kill

[1:28:05] rain. Aye. Lastra. Hi. Lehman. Long. Stein king. Aye. Donnell.

[1:28:15] Aye. Center. Aye. Paduk? Aye. Eight eyes motion carry. Okay,

[1:28:19] moving on to resolution 236 - 26, Madam City clerk.

[1:28:23] Pleasayed title. Resolution 236 - 26. A resolution of the

[1:28:29] mayor and city council of the city of Cape Coral,

[1:28:32] Florida, calling for a general election. For the city of

[1:28:35] Cape Coral, Florida, providing for a general election for mayor

[1:28:39] and council member in districts one, four, and six. Providing

[1:28:43] for an effective bait. Okay, just the same thing, Mr.

[1:28:49] City attorney. Just kind of a formality that we do.

[1:28:52] Okay. All right. I'll open up public input for resolution

[1:28:56] 236 - 26. People want to speak, please come forward.

[1:29:02] Say a non - public input is now closed. Now

[1:29:04] entertain a motion regarding resolution 236. Motion to approve 236

[1:29:08] - 26. Any council discussion. See, a non - Madam

[1:29:14] City clerk, please call the role. Kill rain. Aye. Lastra?

[1:29:18] Aye. Lehman. Long. Aye. Stein key. Aye. Donnell? Aye. Center?

[1:29:24] Aye. Kaduk? Aye. Eight eyes motion carried. Mr. Council Member

[1:29:30] Donna. Yeah, I am. That is past. I am kind

[1:29:33] of curious though. Because stranger things have been happening in

[1:29:37] our society. What does happen if a council decides to

[1:29:42] Mr. City attorney not to approve those. You'd probably force

[1:29:47] a loss. You'd be fouling against the city, mandating that

[1:29:50] we being joined from denying it enforcing us to be

[1:29:53] brought back for you formerly to act. So that's why

[1:29:57] I said it's perfunctory. You're essentially required to do it

[1:30:00] under our charter. And Florida law. So you'd be starting

[1:30:04] the next meeting with another reconsideration boat. And one after

[1:30:09] that. Thank you. That's all. Appreciate it. All right, let's

[1:30:14] move on to. Oh, I'm sorry. Council member stanky. Thank

[1:30:19] you, Mayor. Is there a requirement that we ratify the

[1:30:26] charter amendments. It's all part of what was required and

[1:30:33] what was presented to us by the leaked county supervisor

[1:30:36] of elections. And it's in there, too. Yeah. It is

[1:30:42] on there as well. It is important. Yeah, it's important.

[1:30:45] Yeah. What page is it? Two of resolution 235. Page

[1:30:49] two, it's on there as well. Okay, thank you. Okay,

[1:30:55] move on to resolution 221 - 26. Madam City clerk,

[1:30:58] please. Read the title. Resolution 221 - 26. A resolution

[1:31:04] of the mayor in city council of the city of

[1:31:07] Cape Coral, Florida, relating to the imposition of stormwater user

[1:31:11] fees, establishing the amount of the user fee for the

[1:31:14] fiscal year beginning October 1st, 2026, imposing user fees against

[1:31:19] property within the city to fund the city's stormwater program,

[1:31:23] authorizing the collection of delinquent stormwater charges, approving the stormwater

[1:31:27] user fee role and providing for an effective date. Okay,

[1:31:32] thank you. I turned over to staff. Thank you. Good

[1:31:35] afternoon, Crystal Feast Financial Services Director. So each year, as

[1:31:40] you know, the city brings forward a number of assessments

[1:31:43] for your review and approval. There was a initial public

[1:31:47] hearing held in July on July 22nd that, um, established

[1:31:52] a not to exceed rate. To be used as notification

[1:31:56] to the affected property owners. So the hearings that you

[1:32:01] will have tonight, um, are considered the final public hearings

[1:32:04] to establish the rate for the next fiscal year. Um,

[1:32:08] so we have several presentations to go over at least

[1:32:11] I do. And we'll start with stormwater. To set the

[1:32:15] stage. All right. So chapter 22 of the city code

[1:32:23] of ordinances requires the city to review and establish, um,

[1:32:26] its stormwater user fee each year as part of the

[1:32:28] annual budget process, the introductory resolution was approved on July

[1:32:33] 22nd, authorizing the city, um, to notice assess property owners

[1:32:37] of the rate that was established at that time. Notices

[1:32:41] were appropriately sent out first week of August and we're

[1:32:44] before you tonight to present the final resolution. The stormwater

[1:32:49] program supports both daily operational needs and long - term

[1:32:52] infrastructure investments on the operations side funding support regretting drainage

[1:32:59] pipe management and replacement canal maintenance and street sweeping to

[1:33:04] name a few. The program also advances priority projects such

[1:33:09] as drainage and flood prevention and water quality. Projects. Uh,

[1:33:15] this includes continuing both freshwater and salt water canal drainage

[1:33:19] programs to preserve during drainage conveyance and functionality. For fiscal

[1:33:26] year 27 programmed funding includes, uh, 1. 8 million for

[1:33:31] environmental in water quality, uh, projects. 500, 000 for flood

[1:33:36] prevention, 1. 7 million for drainage improvements. And an additional

[1:33:41] operational capacity through one heavy equipment operator, one service worker

[1:33:46] three and a dedicated swell crew. Additionally, the proposed program

[1:33:53] includes 3. 3 million for we are improvements 7. 7

[1:33:57] million for trafalgar drainage improvements, 2. 6 million for catch

[1:34:02] base and replacement and one million dollars for the rotary

[1:34:06] park stormwater system retrofit. And fiscal year 23, we conducted

[1:34:12] a comprehensive stormwater rate study setting the framework, um, for

[1:34:16] the rates from fiscal year 24 through fiscal year 2033.

[1:34:22] Uh, so based on that study and to support the

[1:34:25] current level of services and capital investments were proposing a

[1:34:30] rate of 163 dollars per ERU for next fiscal year.

[1:34:37] So this slide compares Cape Coral's annual stormwater fee with

[1:34:42] other Florida municipalities across the state, at the proposed rate

[1:34:46] of 163. You'll see that Cape Coral remains, um, below

[1:34:51] several comparable communities, including Naples for Otterdale and Tampa to

[1:34:56] name a few. Each municipality may use a different methodology

[1:35:00] such as ERU's versus ESUs. But so this is just

[1:35:07] a general context rather than a direct one - to

[1:35:11] - one comparison, but it just provides you some general

[1:35:13] context to where we land. This slide provides a comparison

[1:35:18] of stormwater revenue. So looking at fiscal year 26 budgeted

[1:35:23] versus collected, you'll see that we've, um, almost all have

[1:35:27] been collected. And when you compare 26 to what's being

[1:35:30] proposed for what will be included in the fiscal year

[1:35:35] 27's budget, uh, the about a million dollars. All right.

[1:35:41] And so with that, I asked for your approval of

[1:35:43] the resolution before you. Thank you. I know public hearing

[1:35:47] anyone wishing to speak on resolution 221 - 26. Please

[1:35:51] come forward. Please remember to state your name. Yours. To

[1:35:57] live northeast King. Carl. As I stated, we were just.

[1:36:00] Finished. With the. UEP. By street floods. So let's stormwater

[1:36:06] damage, are we preventing? I don't know. Um, there was

[1:36:10] a main break on Santa Barbara. I was in the

[1:36:12] shower at home. And I had to washing machine going.

[1:36:16] My toilet was bloop blooping. They just put in that

[1:36:19] water main. How does that back up already? My neighbor

[1:36:22] had to have another meter installed and my toilet's blooping.

[1:36:26] What the heck is going on? So I know they

[1:36:28] had to pressurize the line. That shouldn't be happening. If

[1:36:31] you're just putting in pipes, what's going on at these

[1:36:33] pipes are breaking on Santa Barbara. And we just went

[1:36:36] under, we're done in UEP one north. And I, I,

[1:36:42] I paid 46 grand. I'm on a three lot sight.

[1:36:45] I paid it. So I wouldn't have to pay 8,

[1:36:47] 000 dollars in taxes. Some people don't have that kind

[1:36:50] of money to pay that. But what the heck is

[1:36:52] going on with the contractors here. Why is this, why

[1:36:56] is our street still flooding? That's what I want to

[1:36:58] know. When we had sewer city, uh, not cities or

[1:37:03] when we had well in septic, it was draining fine.

[1:37:05] Now that we have cities sewer and water, I had

[1:37:08] water up to where my bleaching field was. It's not

[1:37:11] draining. Something is wrong here. I know Denko handled the

[1:37:15] contract because I was here when they were initiating the

[1:37:18] UEP one. But something's wrong. If the street is not

[1:37:21] draining and nowhere we already have pipes busting, something is

[1:37:26] wrong. I don't understand. I really don't understand. And then

[1:37:30] you want to increase fees, increase fees. Like I said,

[1:37:33] the governor's cut in the fat. You guys are 35

[1:37:35] million already proposing in the hole for your new fiscal

[1:37:39] year. I get it. The county commissioners, you know, they've

[1:37:45] put in their budget already. Some people have flatlined their

[1:37:48] budget. But now you're, you guys are asking for more

[1:37:51] and more and more of our citizens. I mean, how

[1:37:53] much more do you want to take from us? There's

[1:37:56] 15 homes sitting on northeast 15th Street. Cut the darn

[1:38:00] in for structure. I told you guys back then. The

[1:38:03] other commissioner that used to be here. I told him.

[1:38:05] Why are you still building when these people are going

[1:38:09] to have to pay for cities or in water? Those

[1:38:11] houses are sitting empty. Empty. I just don't understand. You're

[1:38:18] forcing people out of the area. I just looked at

[1:38:20] the church. Tallahassee and Jacksonville pays less than Cape Coral.

[1:38:23] That's the damn capital. What is going on here? I

[1:38:27] looked at some of you guys'salary. Are you kidding me?

[1:38:29] You make more than the fricking president? Come on. Are

[1:38:33] you kidding me? That's why I said we don't need

[1:38:36] eight people on the city council here. County commission has

[1:38:40] what four or five? I worked, like I said, I

[1:38:43] worked for them for 35 years. And thank you Jennifer.

[1:38:46] You sat with us on certain committees. I really appreciate

[1:38:49] your input. And I know you from working on different

[1:38:51] committees. But come on. You guys got to wake up.

[1:39:03] Well, West Owen and I want to start, before I

[1:39:05] start, my prepared or marks tonight. I want to speak

[1:39:08] on the city presentation and another amateur's presentation from the

[1:39:12] city. Not one single metric. It's just give me more

[1:39:15] money. There's nothing in there about what they've done with

[1:39:17] the money you've given them before. There's nothing about metrics.

[1:39:21] If you go back in, you look at their metrics

[1:39:22] from 2019 to today. There's only two metrics that they

[1:39:26] put in there. How many miles? A swale they've done

[1:39:29] and how many canals they've dredged. Both of those are

[1:39:32] below 2019 levels despite all the money you've given them.

[1:39:36] They're doing less today than they were in 2019. And

[1:39:40] you want to give them more money yet. Okay. So

[1:39:44] Cape Carl is proposing another increase in the stormwater fee

[1:39:47] under resolution 221 - 26. The fee would rise from

[1:39:53] 156 to 136 per ERU for 2027, a five percent

[1:39:56] increase. That is a five years, including 15th percent just

[1:40:06] last year. Stormwater infrastructure is important. Drainage flood prevention and

[1:40:12] water quality. It'll have to be funded. But before council

[1:40:15] raises this fee again, this city should prove it has

[1:40:18] done everything reasonably possible to improve inefficiency and control costs.

[1:40:24] Taxpayer should not be asked to absorb increase after increase

[1:40:27] simply because raising the fee is the easiest option. Before

[1:40:31] approving resolution 221 - 26, show us the efficiency, show

[1:40:36] us the cost control, show us the metrics that you've

[1:40:39] done your job. Then justify another increase. Because every taxpayer

[1:40:44] matters in the city. Please no applause. Oh.

[1:40:54] Go ahead. Good afternoon. Uh, this is my first time

[1:41:00] in this kind of, uh, event council. So, uh, excuse

[1:41:03] me if I'm a little nervous today. Um, a year

[1:41:07] ago I moved from Miami to keep coral, uh, because

[1:41:10] I couldn't afford a property over there. Um, so I

[1:41:13] moved to Cape Coral. It's more affordable here. Uh, yo,

[1:41:19] Andy. And now you receive this letter with this assessments

[1:41:24] where we, I believe, who have to pay out of

[1:41:26] bucket for all of these assessments that I do not

[1:41:29] agree that we should be paying for those. We already

[1:41:31] paying off taxes, uh, personally, um, I live in patient

[1:41:36] by paycheck. And I'm pretty sure most of the people

[1:41:39] here are living under the same circumstances. So again, I

[1:41:45] do not agree with, with these assessments. I don't think

[1:41:48] we should be paying out of pockets for this. And

[1:41:51] I do have a couple of follow questions. First of

[1:41:54] all, I'm assuming that this will come out of our

[1:41:59] own pocket. I would like confirmation of that. And if

[1:42:03] I do not agree on paying this, are the implications

[1:42:07] that I will, I will personally receive, uh, if I,

[1:42:12] uh, do not agree to pay this again, um, this

[1:42:17] is unjust, unfair. We already pay enough taxes. And I

[1:42:23] do believe that, uh, we, we, we should not, uh,

[1:42:27] have to pay for this assessment. Thank you.

[1:42:40] My name is Marie Kavanaugh. Take out the trash committee.

[1:42:44] Um, these assessments, they just keep going up and up

[1:42:46] and up and up and up and up and up.

[1:42:48] Uh, do people seem to think we have unlimited funds

[1:42:52] at our, at, at our fingertips many, many, many do

[1:42:56] not. Oh, and I did make a mistake earlier. It

[1:42:59] was 500, 000 dollars JC Park was supposed to bring

[1:43:02] in, not 500 million. I misspoke there, obviously. But, you

[1:43:08] know, I'm also looking ahead here. You know, you're doing

[1:43:10] the same thing for the fire. I'd like an explanation

[1:43:13] from somebody as to why Cape Coral, we have somewhere

[1:43:17] in the vicinity of 300 firefighters. Ma'am, you have to

[1:43:20] wait until that portion will be at that show. I

[1:43:23] don't have time to wait. Oh, I'm sorry. This public

[1:43:26] hearing you could only speak about stormwater fees. All right.

[1:43:30] Storm orders, everything you're right raising up. I don't want

[1:43:34] to pay more. And then if you don't pay, what

[1:43:36] are you going to do? You're going to attach our

[1:43:37] house and sell it to a developer. Is that the

[1:43:39] plan. Come. On up, ma'am, if you want to speak.

[1:43:49] Even in Kyle Lamadu. So I just have a quick

[1:43:51] question. You guys project usually, what is it? 20 to

[1:43:54] 50 years in the future, depending on what you're talking

[1:43:56] about. So now we're increasing again, fees again. Can you

[1:43:59] guys actually start to estimate what our taxes are going

[1:44:02] to be on these things in 20 to 30 years?

[1:44:04] I think that would be great for the citizens to

[1:44:06] know because, you know, I think a lot of people

[1:44:08] want to retire here. And if they're not going to

[1:44:10] be able to afford to retire here, they might want

[1:44:12] to sell and get out now. So I think that

[1:44:14] would be great if you could predict that. Thank you.

[1:44:19] Good evening. My name is Monica. I moved here. About

[1:44:23] two years ago. I lived in Miami, Pembroke Pines, then

[1:44:28] to in bonita. And then I moved here. My husband

[1:44:31] and I retired. We have a set income. And I

[1:44:34] thought I moved in a place where, you know, it's

[1:44:38] a lot less taxes and, you know, it's better for

[1:44:44] retired. But unfortunately I got smacked in the face. It's

[1:44:50] incredible how much my taxes have been going up. They

[1:44:54] lower the tax rate and then they hit you with

[1:44:57] assessment. So they take the tax rate when like one

[1:45:01] point down. And then they hit you with assessments. I

[1:45:03] don't understand why that's happening. I mean, as a retired

[1:45:08] person, I worked all my life as a teacher. I

[1:45:11] did some site real estate. But this is, to me,

[1:45:17] it's, I don't understand it. And then we are all

[1:45:19] here talking and asking you for, for help to do

[1:45:24] something about it. But you guys don't listen. You just

[1:45:28] vote yes on everything. Everything against the citizens. It's not

[1:45:32] fair. I moved here. To be a citizen friendly

[1:45:42] senior friendly community. And it's really disappointing. It's really, and

[1:45:49] my husband and I are really ready to sell and

[1:45:52] move somewhere else. Because we don't get the help. We

[1:45:55] want here in this community. Everything, I mean, I live

[1:45:58] in burn store and everything is on hold. Every time

[1:46:01] I see a project going on, it's on hold. That

[1:46:06] seven islanding or eight islanding never happened that could you,

[1:46:11] that by burnstore marina, it's on hold. And I don't

[1:46:14] know why there's, everything is, it's a mess. People just

[1:46:18] don't follow the rules here. And I'm just very disappointed.

[1:46:21] Thank you. Anyone else wishing to speak on ordinance 221

[1:46:29] - 26. Seeing none, public hearings now closed. I'll entertain

[1:46:35] a motion regarding resolution 221. I'm going to approve 221

[1:46:39] - 26. Second. Council member down now. Thank you, Mayor.

[1:46:47] Ms. Feast. Would you mind putting slide number six back

[1:46:51] up. I'll continue on this side. I'm still searching to

[1:47:00] try to bridge the gap. With the things I continue

[1:47:05] to hear that you guys are not listening. You're guys

[1:47:08] not listening. I've asked the question. Time and time again,

[1:47:11] but no one has given me an answer. How do

[1:47:15] you ascertain that we're listening. If we hear you, but

[1:47:21] we're not doing what you say. The only conclusion I

[1:47:25] can come to. Is that listening is equivalent to doing

[1:47:29] what you say or agreeing with your approach. In this

[1:47:33] particular case, I don't know how else to articulate to

[1:47:36] you. This is a visual. There was a comment made

[1:47:38] about not understanding. And what to look at, and it

[1:47:42] made sense to me, you know, what you seek is

[1:47:44] what you find. It's one of my tenants I say

[1:47:46] around. But the attention was brought to the lower half.

[1:47:50] But I stand you to look at the totality of

[1:47:53] it. And then more importantly, months ago, for if you're

[1:47:58] new here, if you have your, you see me on

[1:48:00] this iPad a lot, try not to do it when

[1:48:03] you're speaking, but if you say something, I know I

[1:48:05] go here. The steps are really simple. If you go

[1:48:08] into our website right now, if you're sitting there, fact

[1:48:12] check. You go in there under government, select your property

[1:48:16] taxes and then click the one that says comparable cities.

[1:48:22] And look at the data. I'm a fish out of

[1:48:25] water. I'm not an emotional person. I'm about data. And

[1:48:29] know the data has not been, if you come from

[1:48:31] the countwell, it's been just manipulated. I'm going to fish

[1:48:34] out of water, but you can go ahead and research

[1:48:36] it for yourself. What point am I trying to make

[1:48:39] in conclusion? And I'm still lost. Cape Coral, we are

[1:48:43] a growing city. Anybody who's been here anytime, if you've

[1:48:48] been here five years, the more people in the city

[1:48:52] now than it was when you got here. So that

[1:48:54] means everything is increasing. There's more demand for police. There's

[1:49:00] more demand for water. There's more demand. Everything outside the

[1:49:05] city, I don't know about you, but every time I

[1:49:07] go to the store, cause every pen accounts, everything is

[1:49:10] going up. But yet I hear constantly while everything is

[1:49:16] going up. You guys want us to cut even more.

[1:49:21] And those cats that take a beating. Trust me, I

[1:49:24] wear them out. I know the council people wear them

[1:49:26] out doing the best we can to get as low

[1:49:29] as we can in a capacity now where everything is

[1:49:33] going up. That confuses a person like me. So in

[1:49:38] conclusion, can we get better? Yes. But when you compare

[1:49:42] what we're doing here, what they're doing, what the counselors

[1:49:45] doing and it's right there for you to look on

[1:49:47] this screen and you can put your property in. I'm

[1:49:51] still confused. So yes, I'm the one out there that's

[1:49:54] saying, look folks, I get it. Yes. I want to

[1:49:56] go ma'am. Yes. We want it. Lord. I have two

[1:49:58] kids. And I get it. But we're still growing and

[1:50:02] we want to contain. We want to make sure that

[1:50:04] we protect the city. I love this. Save. This is

[1:50:07] a great city. It's a safe city. But it's going

[1:50:09] to cause to be here. And things are going to

[1:50:11] go up. So maybe somebody can help me with that

[1:50:16] listening point. And we are continuing. They are continuing work.

[1:50:19] I know they get beat down. But their job is

[1:50:22] 12 hours, 14 hour of the day looking, looking, looking

[1:50:24] to get this more and more concise. So that's all

[1:50:27] you're going to hear from me tonight. But yes, I

[1:50:29] am going to be voting yes because I've worn them

[1:50:31] out over the week about these prices. And I understand

[1:50:34] the totality. So just don't think that, Oh, you just

[1:50:38] say yes. It doesn't work that way. Thank you. That's

[1:50:42] all. Council member Caduk. Thank you Mayor. Mr. City Manager,

[1:50:46] what have we done with the money. It's a great

[1:50:51] question. I love answering these. So the city keep coral,

[1:50:56] as you know, is the largest canal system in the

[1:50:58] world. And so when you think about the number of

[1:51:02] catch basins outfalls pipes, uh, dredging programs and the, uh,

[1:51:08] amount of swales that need to be regraded, there is

[1:51:11] no city in the world. That has the amount of

[1:51:14] stormwater assets that we have to have, uh, comparatively. Port

[1:51:19] St. Lucie and Florida's close, but we have the more

[1:51:22] canals, which means more pipes, more drainage. And so, uh,

[1:51:26] the money gets spent on all those programs. So if

[1:51:29] you think about the street, uh, it starts at the

[1:51:33] edge of the pavement. So, um, a portion of the

[1:51:35] stormwater money goes to swale regrating. Uh, I'm actually going

[1:51:40] to read a high five highlight tonight about sweaty regretting

[1:51:43] job. Um, so it starts there. Then you have catch

[1:51:48] basins. Those are the concrete structures that the water, the

[1:51:52] stormwater goes into. We have to repair, replace any damage

[1:51:59] and maintain any that are old. Though all the ones

[1:52:01] in the north are coming up on end of life.

[1:52:05] 60 plus years. And I don't mean to cut you

[1:52:07] off, but isn't there a long wait list for the

[1:52:09] replacement of these? Uh, so our longest wait list is

[1:52:14] in the swale regrating. So as more properties get built,

[1:52:20] so one resident talked about, uh, what we were doing

[1:52:24] in the past. Well, as it's real easy to regrade

[1:52:28] a swale when the homes there. Were just basically one

[1:52:32] person complains, Hey, the lot next to me is, uh,

[1:52:35] too high and it's causing me to back up. Our

[1:52:37] crews can blow right through that from the high point

[1:52:39] to low point very easily. As soon as you start

[1:52:42] having multiple driveways of different elevations, ramp driveways, culvert driveways.

[1:52:49] Now you have to have somebody go out there and

[1:52:50] design the flow. You have to take surveys have to

[1:52:53] put marks out there. It's a lot more involved. And

[1:52:57] so what we're having is by not adding crews. But

[1:53:01] adding the workload, the volume that those same crews need

[1:53:05] to do, they're accomplishing less. So what we need to

[1:53:08] do is add cruise to keep up. But let me

[1:53:11] get back to, so yes, there is a long list

[1:53:14] of swale regretting. And that's why we, when we said

[1:53:17] about the last stormwater rate study, which is probably a

[1:53:19] good thing for our residents to read to see why

[1:53:22] we set the fee that we did and what those,

[1:53:25] that feet increases doing. It's adding actual infrastructure maintenance crews

[1:53:30] in the field. The worker, the workers that people see

[1:53:33] in the front of their house. So we have the

[1:53:36] swale regretting. We have the cat span, the concrete. Then

[1:53:40] from there, you have the conveyance system. The pipes that

[1:53:42] connect either from there to the canal or to connect

[1:53:46] across the street to another basin, to another basin and

[1:53:49] so forth, moving water, stormwater, underneath us all day long.

[1:53:55] Then we have the canal, the outfalls, a lot of

[1:53:57] silt in the breed gets, uh, deposited from, you know,

[1:54:01] runoff in front of them. They clog up or they

[1:54:03] start to silt in. We have an alfal maintenance program.

[1:54:08] The grout around the outfalls through people seawalls fail. And

[1:54:11] we need to make sure we continue to regroute that

[1:54:13] so they don't lose soil behind their seawall. Then eventually

[1:54:17] you have, uh, the, um, wears that actually act like

[1:54:24] miniature dams, but hold water in each individual basin. They

[1:54:27] all have sleuth gates. They all have can be raised

[1:54:30] and lower to make sure we can capture water in

[1:54:33] the dry season, let it go in the rainy season.

[1:54:35] So our stormwater system, I put it up against, um,

[1:54:38] just about any other system in the world. The only

[1:54:42] thing I think that even compares close to us is

[1:54:45] New Orleans. And that's because they're below sea level and

[1:54:47] they actually have to pump their water out. But as

[1:54:49] far as what our crews do and the work they

[1:54:51] put forward, look at the chart as council member Donnell

[1:54:55] said, we're maintaining probably the second or third largest municipal

[1:55:00] separate storm sewer system in Florida. Jacksonville being the largest,

[1:55:05] but they're combined with a county having the most miles

[1:55:08] of canals, most mild drainage pipes. And we are producing

[1:55:12] that at a rate that. Stormwater study was completed in

[1:55:22] 2023. We're going to find that. We can send you

[1:55:26] a copy of it, but I'm tried looking online. I

[1:55:29] just couldn't quickly find it. That would be helpful because

[1:55:31] it says that it covers from years 2024 to 2033.

[1:55:35] So I think that would be important. And then we

[1:55:37] can share that. Thank you. Council Member Laster. Thank you,

[1:55:42] Mayor. Mr. City Manager, I had the same question council

[1:55:45] member Kaduk wanted to know in terms of the wait

[1:55:48] list. I know in 2024, I had many residents reaching

[1:55:52] out to me not only for my district, but other

[1:55:54] districts throughout the city saying there was an 18 month

[1:55:58] wait list for that swale regrating. Are we better worse

[1:56:01] or the same. I don't have that information with me,

[1:56:05] but that's what, that's what adding these cruise is trying

[1:56:08] to keep up with to be. I understand. Um, and

[1:56:12] then, um, secondly, Ms. Joanne spoke and it sounds to

[1:56:16] me, and I've driven in the Northeast all summer needed

[1:56:21] a alignment after. And it sounds to me like Miss

[1:56:25] Joanne is concerned. Um, regarding just spending the 38, 000

[1:56:31] dollars or 36, 000 dollars. And she's concerned about drainage

[1:56:38] now, like, like maybe we did something faulty. Is that

[1:56:42] because of the, the, I know, I mean, I talked

[1:56:44] to Mattia Williams about this all the time, but is

[1:56:47] it because of the, the, the massive amount of rainfall

[1:56:51] that we get in such short periods of time that

[1:56:54] it might not be draining or could there be another

[1:56:56] reason? Well, most often it is based on intensity. So

[1:57:02] that's what I thought. You can only design a stormwater

[1:57:04] system to handle a certain amount of rainfall per hour,

[1:57:06] right? It's like pouring water in a cup. Okay. So

[1:57:09] when what happens is when you get a major rainstorm

[1:57:13] and I can tell you probably two or three weeks

[1:57:15] ago, you all may recall. We ended up having some

[1:57:18] flashfrood from a rain event that dropped like almost four

[1:57:21] inches of rain in an hour. Yeah. And we actually

[1:57:24] had to activate the EOC and do a couple things.

[1:57:27] So that, that type of rainfall event. It was that

[1:57:31] night. Then she that lady would have been the same

[1:57:34] as everybody in that area, which basically was from Del

[1:57:40] Prado, I think over to Nelson north of Pone Allen

[1:57:44] Road. There was probably about a four square mile area.

[1:57:47] The amount of rain that dropped that night was just,

[1:57:51] it was impressive. You know, it's hurricane level rain farm.

[1:57:55] Okay. Okay. Um, okay. Well, I would just say, um,

[1:57:59] you know, to that resident, Ms. Joanne, just reach out

[1:58:02] if things don't get better or if you still have

[1:58:04] concerns and I can contact you. I can put you

[1:58:06] in contact with public works. Thank you, Mayor. Okay. See,

[1:58:10] now the lights on, we got a motion second on

[1:58:12] the floor, Madam City clerk, please call the roll. Kill

[1:58:16] rain. Aye. Lastra. Aye. Lehman. Aye. Long. No. Stein key?

[1:58:23] Aye. Janelle. Aye. Gunter? Aye. Kaduk? No. Six eyes, two

[1:58:30] nays, motion carried. Okay. Let's move on to resolution 222

[1:58:34] - 26. Madam said he clerked. Pleasaring the title. Resolution

[1:58:39] 222 - 26. A resolution of the mayor and city

[1:58:42] council of the city of Cape Coral, Florida. Approving the

[1:58:46] fiscal year 2026 to 2027 non - advaloreum assessment role.

[1:58:52] For solid waste service assessments. Approving the solid waste service

[1:58:56] assessment rates for such fiscal year and providing for collection

[1:58:59] of the assessments pursuant to the uniform assessment collection act,

[1:59:04] providing for several ability and providing for an effective date.

[1:59:09] Okay, alternative staff. Thank you. So this resolution covers the

[1:59:13] annual solid waste assessment, which provides a dedicated source of

[1:59:17] funding for our garbage collection and disposal services for the

[1:59:20] upcoming fiscal year. As the other assessment, chapter 22 of

[1:59:26] the City Code of Ordinances requires counsel to establish an

[1:59:29] annual assessment rate in conjunction with the city's budget process.

[1:59:34] Uh, the introductory resolution was approved on July 22nd. And

[1:59:38] that action established a not to exceed rate and authorized

[1:59:41] the city to provide a required notice to affected property

[1:59:43] owners. And we are before you tonight as part of

[1:59:47] the final public hearing. Changes that affect the fiscal year

[1:59:54] 27 proposed rate include WACEPRO CPI increase of 2. 75

[1:59:58] percent for their services on the residentials pickup, uh, and

[2:00:03] the LEA County solid waste division is proposing a 3.

[2:00:06] 25 percent increase That was actually approved by their board

[2:00:11] very recently. So, um, that 3. 25 percent increase has

[2:00:15] been approved and will be included Uh, proposed rate. So

[2:00:22] for fiscal year 27, we're proposing a total assessment that

[2:00:25] the total assessment remain the same as last year per

[2:00:28] dwelling unit with while the total assessment remains level. It's

[2:00:34] components have changed, as you can see, uh, from the

[2:00:36] chart on the screen. You'll notice a reduction in the

[2:00:39] city operating and personnel costs to offset the increased collection

[2:00:45] and disposal cost for Lee County and waste pro, which

[2:00:47] I just mentioned. This allows the city to maintain the

[2:00:50] overall rate at the prior year level. And just as

[2:00:57] a reminder, I mentioned this at the last public hearing,

[2:01:01] the rate associated with the operating and personnel costs. That's

[2:01:03] that fourth row included and elevated rate in anticipation of

[2:01:08] an increase in the cost of waste hauler services and

[2:01:12] the new contract for fiscal year 2028. So the goal

[2:01:16] was accomplished where we got the rates to where we

[2:01:19] think they will be in fiscal year 28 while building

[2:01:23] a reserve. You're marked for disaster recovery and two months

[2:01:26] of operating expenses. Um, at 384 dollars and 25 cents

[2:01:34] annually, Cape Coral's proposed residential rate, uh, you can see

[2:01:38] is in line, uh, with nearby comparable service areas that

[2:01:42] also do, um, a one week pickup. So you can

[2:01:45] see that the rate here falls in line with other

[2:01:49] cities statewide. With that, I asked for your approval. Okay.

[2:01:55] Thank you. I know public hearing any one wishing to

[2:01:58] speak on resolution 222 - 26. Please come forward. Good

[2:02:05] afternoon. Again, mayor council, um, Joanne Denigers. As I stated,

[2:02:09] I have some yard waste out front. Evidently they only

[2:02:14] picked up one side of the street and not the

[2:02:15] other. Um, when waste pro came back to council to,

[2:02:19] um, put in their bid for the contract. We should

[2:02:23] have never went with them. We should have stayed away

[2:02:26] from waste pro. I don't know who the other competitors

[2:02:28] may have been. Waste pro is, I mean, they've done

[2:02:32] a lot better with their services, but now they're telling

[2:02:36] me I have to. Tie my bundle. Do they want

[2:02:41] a bow on it? As I stated before, ridiculous. Come

[2:02:44] on. I had to hire somebody to cut the limbs

[2:02:47] from my tree and place it out front neatly stacked.

[2:02:51] And, you know, I called. You know, waste pro to

[2:02:54] tell them in advance, make sure that they have a

[2:02:56] truck big enough to take the waste away. They're telling

[2:03:00] me now that I have to tie it. So I

[2:03:02] have somebody that's going to come over and tie it.

[2:03:05] But like I said, what do they want to bow

[2:03:06] on this stuff? Okay. God help us if we get

[2:03:10] hit by another hurricane. I'm going to talk about waste

[2:03:13] management. I'm going to talk about stormwater. Why I flooded

[2:03:17] this time was not because of that storm. It's because

[2:03:21] when I was unwell and septic, I was draining fine.

[2:03:26] But now that they have put in the city sewer

[2:03:29] and water, it is not draining. Something is wrong with

[2:03:32] either the swales or the stormwater drains that they put

[2:03:37] in. I don't know why. The whole street was flooded.

[2:03:40] I took pictures and it wasn't during that time. We

[2:03:43] flood more now than we have ever before. I've lived

[2:03:47] on my street for 20 years. I built my home

[2:03:50] 20 years ago. I spoke to council before. You keep

[2:03:54] building. You keep building. Cut back the infrastructure. We can't

[2:03:58] handle the influx of people that are coming to Cape

[2:04:00] Coral. I understand we're growing. But we need to put

[2:04:03] a moratorium on building. We can't handle the infrastructure. Police

[2:04:08] fire our roads. We can't handle the people that are

[2:04:12] coming here, but you still want to add more to

[2:04:15] us that have been living here. We need to put

[2:04:18] a moratorium. Stop. Cause I know you want the tax

[2:04:21] revenue, but it's killing us that have been here. You

[2:04:25] know, we're paying what we need to pay. But I

[2:04:28] had stead before you need to stop building. Like I

[2:04:33] said, there's 15 home sitting derelict up on northeast 15th

[2:04:37] Street. Nobody's there. And you know, it's just, you know,

[2:04:41] it's going to be ransacked by squatters because they can't

[2:04:44] sell the property because now they're cities soar and water

[2:04:47] there. People are not going to buy those homes. And

[2:04:50] then, you know, the spec homes. Nobody's going to buy

[2:04:52] them. Like I said, I'm just preaching to the choir

[2:04:54] here. Hopefully you guys, I understand you are listening. But

[2:04:58] come on, we're paying out the but for some of

[2:05:01] these services. And like I said, I've been in North

[2:05:04] Cape for 26 years. Thank you.

[2:05:15] Uh, Tom Shadrach, uh, I talked last time at the

[2:05:19] initial hearing about this, but I noticed the chart was

[2:05:21] left off this time about, uh, how much reserve is

[2:05:24] created. So I brought it with me from the last

[2:05:27] hearing. We're adding 8 million dollars to the reserve pot.

[2:05:33] As a surplus. We're up to 35 million dollars now.

[2:05:37] There's no financial policy other than you're using this to

[2:05:40] inflate the value because you think that's what we're going

[2:05:42] to have to pay next year when we get the

[2:05:46] recompete of waste probe. I think this is crazy. Five

[2:05:52] years ago, we didn't require a reserve. Now we have

[2:05:56] 35 million dollars. Have been overcharged. You want to look

[2:06:01] at a comparison chart. There's nothing wrong with being the

[2:06:03] cheapest. Okay. So, uh, basically you could give a hundred

[2:06:08] dollars back to everybody on this and we still have

[2:06:12] 25 million dollars in reserves, why it's so important. If

[2:06:18] you can justify what the cost is next year, because

[2:06:21] rates went up because of the competition we were getting

[2:06:24] a great value. Okay. I think people can accept that.

[2:06:28] But to have created this 35 million dollar of surplus

[2:06:32] is crazy. And it's done. You're getting 8 million dollars

[2:06:36] this year. That most of that is reserve. And it's

[2:06:46] not personnel and operating cost. So this is an issue

[2:06:49] of transparency. I think council member long ask every year

[2:06:54] how much of that is just, uh, reserve versus personnel

[2:06:57] and why can't you divide that? We've always discussed that.

[2:07:01] I guess you don't want to be transparent about that

[2:07:03] because it never gets changed. Um, but thanks for not

[2:07:06] raising it this year. And the policy on why we

[2:07:10] even have 35 million dollars in this reserve category and

[2:07:14] what we're going to do with it. We don't have

[2:07:18] capital expenses at all. So it's ridiculous and it's a

[2:07:21] waste. And that should be back in our residence pockets.

[2:07:24] Thank you. We saw and I'm just getting that pretty

[2:07:32] much to speak because he just said everything I was

[2:07:34] going to say because it's one of his lush funds.

[2:07:36] We all know it. We all know there. There was

[2:07:39] no reason to raise it so early. And you don't

[2:07:41] need to be raising it again now and diloting everything

[2:07:44] you said, Tom. Thank you. Anyone else wishing to speak.

[2:07:57] Something. New. Hold on. He's speaking. You can come after

[2:08:00] me. Okay. Uh, Kyle Amedy District 7. So talking about

[2:08:04] these, you know, slush funds or whatever you want to

[2:08:06] call them. Dit or did we not get a hundred

[2:08:09] million dollar interest - free loan offer for six months

[2:08:13] by the state. Due to hurricane. Didn't we also get

[2:08:18] a hundred percent of everything recouped? And I think you

[2:08:21] actually said that's very unlikely to happen again. But to

[2:08:23] my knowledge that actually happens in almost every storm. Am

[2:08:26] I correct in that? So again, we keep on going

[2:08:29] for disaster preparedness, but we have all this money. Apparently

[2:08:34] already set aside. We still want more set aside, but

[2:08:37] then we get disastro money sent to us that we

[2:08:39] can use. And I believe again, it was six months

[2:08:42] interest - free hundred million dollars available to us. If

[2:08:44] I'm wrong on that, please correct me. Um, so again,

[2:08:47] why do we need to keep on expanding this so

[2:08:50] much? What other purposes is it going to be used

[2:08:52] for besides storm damage cleanup? And can you guys change

[2:08:58] it by a vote to move it from something with

[2:09:01] storm damage to anything else you guys want? Curious. Thank

[2:09:04] you. Now. My question is we got this paper in

[2:09:13] the mail. Notice the property owners do not pay. This

[2:09:17] is not a bill. And we are invited to come

[2:09:21] and to the hearing. But I feel like I'm wasting

[2:09:25] my time here today because this happened last year. I

[2:09:30] came here about the same thing with assessment. And nothing

[2:09:34] has been done. All of you guys vote I. And

[2:09:39] nobody's list. I feel like no one is listening to

[2:09:42] us like we're speaking to dev ears. And it's really

[2:09:46] frustrating at this point. I feel like backing up and

[2:09:49] leave because I'm wasting my time. I have better things

[2:09:51] to do than sit here, but I'm worried about the

[2:09:55] future of my home. I have small house. I don't

[2:09:59] want to pay more taxes. I can't afford it. I

[2:10:02] don't want to, what do I have to go work

[2:10:04] again at 65? I don't want to. Why are you

[2:10:10] all voting yes, yes, yes. And not even listening to

[2:10:13] us. That's what's crazy. That's what's sad. And I'm feel

[2:10:16] like backing up and leaving this room. Thank you. Anyone

[2:10:21] else. Wish to speak when. Resolution 222 - 26. See,

[2:10:29] in non - public hearings now closed, entertain a motion

[2:10:33] regarding resolution 222 - 26. Motion to approve 222 -

[2:10:37] 26. Second. Council member could do. Thank you, Mayor. Crystal,

[2:10:44] it says on chart. I don't even know what number

[2:10:47] this is. I guess it would be four. Cape Coral

[2:10:51] operating in personnel costs. And it's going down by 11

[2:10:54] dollars in 57 cents. What exactly is that. This program

[2:11:01] does have employees assigned to it. Um, seven out of

[2:11:04] public works. And we also have a billing clerk. That's

[2:11:07] assigned to this program that are funded through the rates.

[2:11:11] Um, in addition to that, that is also, um, where

[2:11:15] we built in the elevation of the rate. Preparing for

[2:11:19] our contract and fiscal year 28. Okay. And the slide

[2:11:26] above says waste per will receive a 2. 75 percent

[2:11:30] CPI increase. And sorry for the person that's running the

[2:11:33] screens the very next one down, 26 and 27 when

[2:11:37] it shows on chart four a 2. 75 percent CPI

[2:11:43] increase would only be four dollars in 60 cents. So

[2:11:48] the proposed fee in 2027 should be 171 88, not

[2:11:52] 17208. So waste pros contract has many line items within

[2:12:00] it. So that 2. 75 percent, each service that they

[2:12:05] provide. So once you add all of those up, it

[2:12:09] does get you to the four dollars in 80 cents.

[2:12:11] It's just a massive list of all of the breakdown

[2:12:14] of their services and that 2. 75 is applied to

[2:12:17] each one. Um, so with rounding, uh, it does get

[2:12:20] you to the 4 dollars in it. It won't math

[2:12:23] exactly. Okay. Just using last year's rate compared to what

[2:12:27] we're proposing. Yeah. I mean, it's very close. It's 20

[2:12:30] cents off. It's we're nickel and diming literally, but that's

[2:12:34] if you're using a 2. 75 percent CPI increase it

[2:12:37] would be 4 dollars in 60 cents changing what the

[2:12:41] proposed rate would be for 2027. I'm very thankful that

[2:12:44] it stays the same, but it just, if we're saying

[2:12:47] it's a 2. 75 percent increase and then you're trying

[2:12:49] to do that math, it is just off. That's all.

[2:12:52] It's, it's a 2. 75 percent increase from their contract

[2:12:55] fees in their long list of fees that are included

[2:12:58] in that. So when we apply it to that and

[2:13:02] then calculate our proposed rate, it is a difference of

[2:13:05] the 480. Okay. Thank you. Council Membersteinke. Thank you Mayor.

[2:13:13] Yeah. Um, this is to address Monica's concerns. Some of

[2:13:18] the meetings you may have missed and why, why it

[2:13:21] seems like, Oh, it's just brought up and voted yes

[2:13:24] on is that there were many meetings before where we've

[2:13:27] brought in consultants and looked at what the cost of

[2:13:30] the services would be over a period of years. And

[2:13:33] so when we go through the budgeting process and the

[2:13:37] dollar's required for this, it's gone through many other stages

[2:13:40] where, uh, others have come forward and brought their concerns.

[2:13:45] And we look and we break it down just like

[2:13:47] you're seeing here into the component parts, uh, and so

[2:13:50] this is just where we're memorializing what has happened before

[2:13:54] as the budget has been evaluated. And most of these,

[2:13:58] uh, especially you just saw as it relates to the

[2:14:01] CPI increase. It's part of their contract that they got

[2:14:05] when, when they got the contract. And so when we

[2:14:08] evaluate these as to where we would expect these to

[2:14:10] go year after year, it's those things are committed to

[2:14:13] in contracts that get played into the equation where we

[2:14:18] can't say don't pay them that because we're contracted to

[2:14:22] pay them that. And then the, the, any of the

[2:14:26] personnel and capital that we can control, as you can

[2:14:29] see that in the, in the operating personnel cost, you

[2:14:32] can see that was brought down. So, um, another thing

[2:14:35] just moving here last year that may not be familiar

[2:14:37] with is that we were getting a tremendously low rates

[2:14:41] in the past that we know we're not going to

[2:14:44] get. And so part of this, uh, the way that

[2:14:47] this budgeting process was put in was to soften the

[2:14:51] blow of that which will occur guaranteed to occur on

[2:14:56] the next contract that we give whatever waste company that

[2:14:59] we give because we just happened to have timing wise,

[2:15:04] um, had an extremely low rate that was committed to

[2:15:08] that is that is no longer available from any provider.

[2:15:12] So that's one of the reasons why you see what

[2:15:13] it is. It's not just a matter of saying our

[2:15:18] blessing over it without a great deal of, of thought

[2:15:21] and consideration. Thank you. Council member Laster. Thank you, Mayor.

[2:15:27] Thank you, Council Members. Thank you for stating that. I

[2:15:29] think that's important for those of you that are new.

[2:15:32] It's, it's true. We have, um, discussed this budget, discuss

[2:15:35] these contracts, research, um, probably eight months. Um, so we

[2:15:41] are just formalizing this with a vote. Crystal, could you

[2:15:45] explain exactly what our or maybe Mr. City Manager you

[2:15:50] should explain it. Maureen. Hello. Um, can you explain why

[2:15:54] we have this solid waste fund? And I also want

[2:15:57] to clarify that it is not increasing. I think I

[2:16:00] know why because I remember during Irma when there was

[2:16:03] a giant pile of stuff in my district and I

[2:16:06] got complaints daily, um, as I had just been elected

[2:16:10] into office the first time because residents were so upset,

[2:16:14] um, that we had this giant pile. And it's because

[2:16:16] we have to get reimbursement from FEMA. So we have

[2:16:20] to spend our money to remove all that waste. And

[2:16:22] I believe that because of that and then definitely because

[2:16:26] of Ian, we wanted to have a solid waste reserve

[2:16:29] so that we could utilize those funds to begin the

[2:16:31] cleanup immediately. And I will say with Ian, um, it

[2:16:36] was incredible because we did get things picked up clearly.

[2:16:42] Can you please explain that Maureen. Or Terry. Or yeah,

[2:16:49] thank you. And we are also, as Council of Overstank,

[2:16:52] he stated we are in the process of the bidding

[2:16:55] process to get our solid waste contract renewed potentially with

[2:17:00] a new vendor. So stay tuned with that. And as

[2:17:03] Council Member Steinki also stated, um, this increase or this

[2:17:08] was done so that we could soften the blow because

[2:17:10] he's not wrong. Cheaper isn't always better. Um, uh, as

[2:17:15] Ms. Joanne stated, maybe waste pro wasn't the best choice,

[2:17:17] but I do believe at the time council selected them,

[2:17:20] they were the most inexpensive choice. Thank you, Terry. Yes.

[2:17:27] Hi, Terry Schweitzer. The solid waste manager for the city

[2:17:30] of Cape Coral and the debris manager during those after

[2:17:34] hurricane events. Hopefully I'll never have to worry about it

[2:17:37] again and know else in the room. Um, so briefly,

[2:17:41] uh, in the reserve, there is money set aside to

[2:17:44] cover cleanup costs after Ian, uh, in finance could correct

[2:17:50] me if I'm wrong, but it was raised. We do

[2:17:52] get reimbursed from FEMA. Uh, that takes months. Matter of

[2:17:57] fact, I want to say it was around August of

[2:18:00] 24. Before we got our first checks from, uh, Ian,

[2:18:05] which was in September 22. We have to pay the

[2:18:08] contractors. They're not going to do the work for free.

[2:18:10] So we have to have that reserve fund there to

[2:18:13] pay the contractors while we're waiting through all the FEMA

[2:18:18] reviews and such. Make sure that all the debris clean

[2:18:23] up that we did was eligible for reimbursement. So we

[2:18:26] need money in there to cover that interim period as,

[2:18:31] as we say. Right. I remember, like I said, when

[2:18:34] I was first elected after Irma, I mean, that was,

[2:18:37] we received hundreds of phone calls and emails weekly from

[2:18:41] residents who were very upset that their items hadn't been

[2:18:45] picked up quickly. So I appreciate that explanation. Thank you.

[2:18:49] Um, Mr. City attorney again to address Ms. Joanne who

[2:18:53] spoke earlier about stopping, uh, putting a moratorium on building.

[2:18:57] Remind me again of the Senate bill that the state

[2:19:00] won't let us do that, right? Yes. It's sent Bill

[2:19:03] SB 180 that remains in effect. It actually went retroactive.

[2:19:08] It really, um, put a gun to our head and

[2:19:11] then cut our legs off. Frankly, and we can't do

[2:19:14] anything about that until, uh, October of 2027. And that's

[2:19:19] presuming and assuming that they don't extend that. And if

[2:19:22] they extend that, uh, it puts us that by far

[2:19:25] more in jeopardy and exposes us to a potential legal

[2:19:29] action if we were to do that moratorium. Okay. I

[2:19:33] just wanted to clarify that for you, Ms. Joanne. It's

[2:19:36] beyond our control sadly. Thank you. Thank you, Mayor. Council

[2:19:40] Member Cadoo. Thank you, Mayor. What is the target fund

[2:19:45] for the hurricane debris cleanup for solid waste? Like what

[2:19:48] is the target fund that we're going to have. There

[2:19:52] was no defined number, but I think, you know, to

[2:19:56] compare, for hurricane Ian, the disaster recovery, um, the debris

[2:20:02] cost it recover, um, on the debris pickup was over

[2:20:05] 60 million dollars. So where we are now, we feel

[2:20:11] like it's, it's a comfortable number to where it will

[2:20:14] address allow us to, um, start that recovery process. As

[2:20:20] soon as we can, as soon as we're able to,

[2:20:23] um, so we think that where we are now is

[2:20:25] a good number and also built into that is two

[2:20:28] months of operating expenses to build a reserve for that

[2:20:33] as well. Perfect segue back to the operating personnel cost.

[2:20:36] Sorry to beat you up on this. It's going down

[2:20:39] 11 dollars and 57 cents per ERU or EBU. How

[2:20:44] are we losing someone? You said the seven FTEs. How

[2:20:48] does it go down? So based on our estimate, um,

[2:20:51] with the rate where it is where it's being proposed,

[2:20:55] um, as it was mentioned before and in my slide

[2:20:58] at the initial hearing, it will create an additional surplus

[2:21:01] of about eight million and that's an estimate, which will

[2:21:04] get us to, uh, reserve of about 35 million. That's

[2:21:09] leaving the rate where it is. Um, so again, that

[2:21:14] estimate where it felt like we were in a comfortable

[2:21:16] spot, successful with the increase. And so we were able

[2:21:20] to reduce the operating and personnel costs where that reserve

[2:21:24] elevation was built in so that the residents weren't so

[2:21:28] that the increase for waste pro and Lee County was

[2:21:30] not passed on to the residents. It just kept, kept

[2:21:33] the rate level. So we reduced what we were building

[2:21:36] for the reserve to offset those external costs. Thank you.

[2:21:40] And after we implement a new solid waste contract with

[2:21:44] whomever that is, are we going to be building a

[2:21:47] reserve again or is there still a reserve? There will

[2:21:49] still be a reserve. Perfect. Thank you. And before we

[2:21:53] conclude on this topic, I just want to, um, kind

[2:21:56] of add to what Terry said, especially as it related

[2:21:59] to FEMA and the recovery, um, assistance that we receive.

[2:22:03] Um, yes, hurricane Ian was an exception where they provided

[2:22:07] reimbursement at 100 percent, but normally and in all other

[2:22:11] storm cases, it's been 75 percent 12 and a half

[2:22:14] percent from the state and then the city is still

[2:22:17] responsible for 12 and a half percent. So that's typically

[2:22:19] what we can expect moving forward. Um, and since Ian,

[2:22:23] we've had two other storms. And it was not matched

[2:22:26] equally, uh, the way it was for Ian. It's, it

[2:22:29] went back to the 75, 12 and a half, 12

[2:22:32] and a half split. And as far as, um, 52

[2:22:40] million dollar lap loan. So it was actually 52 million

[2:22:43] dollars where they advanced us funds to help with those

[2:22:47] recovery efforts. And as we receive, um, as money is

[2:22:51] obligated and we request reimbursement and we receive those funds.

[2:22:55] It goes back to paying the loan. State. And the

[2:23:03] interest is paid on that loan and it's paid to

[2:23:07] the state. All right. Okay. See, another lights on. We

[2:23:11] got a motion second on the floor. Madam said he

[2:23:13] clerked, please call the role. Kill rain. Aye. Lastra. Aye.

[2:23:18] Lehman. Aye. Long. No. Steinky? Aye. Donnell. Aye. Gunter? Aye.

[2:23:24] Kaduk? No. Six ayes, two nays motion carried. We've owned

[2:23:29] resolution 223 - 26. Madam City clerk. Please read the

[2:23:33] title. Resolution 223 - 26. Resolution of the mayor in

[2:23:40] city council of the city of Cape Coral, Florida. Approving

[2:23:43] the fiscal year 2026 to 2027 non - ad valoreum

[2:23:48] assessment role for fire protection assessments. Approving the fire protection

[2:23:53] assessment rates for such fiscal year and providing for collection

[2:23:56] of the assessments pursuant to the uniform assessment collection act.

[2:24:01] Providing for hardship deferrals establishing and administrative petition procedure regarding

[2:24:06] the number of tier two equivalent benefit units attributed to

[2:24:11] tax parcels, providing for several ability and providing for an

[2:24:15] effective date. Okay. Thank you, alternative staff. Thank you. All

[2:24:21] right. Resolution 223 - 26 covers the fire service assessment,

[2:24:25] which provides a dedicated funding source for our fire protection

[2:24:29] services for the upcoming fiscal year. Chapter 17 of the

[2:24:34] city code provides the uniform process for imposing an administering

[2:24:37] assessments that fund essential services and capital improvements. Uh, the

[2:24:42] introductory resolution was approved on July 22nd authorizing the, uh,

[2:24:48] that authorizing the city to notify affected property owners of

[2:24:51] the maximum rate. Uh, today's resolution will establish the final

[2:24:56] rate for next fiscal year. The FSA supports fire protection

[2:25:02] services throughout Cape Coral. It helps make the city maintain

[2:25:05] fire stations, uh, replaced and maintain equipment and provide the

[2:25:09] personnel needed to protect residents, property owners and businesses. The

[2:25:14] assessment uses a two methodology intended to allocate cost across

[2:25:21] benefited according to the benefits received. So there are two

[2:25:25] tiers. Tier one is the availability benefit. All parcels, including

[2:25:29] vacant parcels, um, share in the fixed cost of maintaining

[2:25:32] a 24 hour readiness to respond. Uh, and that it

[2:25:37] represents 70 percent of the assessment tier two is the

[2:25:42] protection of structural loss benefit. And so only approved parcels

[2:25:46] are assessed under this tier. The charge is based on

[2:25:49] structure value, not taxable value expressed as an equivalent benefit

[2:25:54] unit, REB. And so tier two represents the remaining 30

[2:25:59] percent of the assessment. Looking at the numbers, the rates

[2:26:03] being presented were calculated, assuming in 81 percent recovery through

[2:26:07] assessments. The general fund will pick up the remaining 19

[2:26:11] percent. This is the same recovery rate as fiscal year

[2:26:14] 26 and the rate approved today, uh, represents, um, what

[2:26:20] will be used to fund fiscal year 27. The decrease

[2:26:25] in operating costs equals about a 2. 29 percent decrease

[2:26:30] compared to last year. You'll see that tier one rates

[2:26:33] will decrease by seven dollars in 69 cents. So on

[2:26:39] average, uh, that means a decrease just under twenty five

[2:26:42] dollars per year. The proposed 27 assessment, um, is calculated

[2:26:50] at 81 percent cost recovery consistent with last year and

[2:26:54] the general fund will pick up the remaining 19 percent

[2:26:56] as I mentioned. And the total assessment revenue is proposed

[2:27:01] at 66. 85 million, a decrease of approximately 1. 6

[2:27:07] million from last year. Right. Um, and the last line

[2:27:15] provides you with a snapshot of what the cost would

[2:27:18] be for an average single family. You'll see that it

[2:27:21] would be 515 dollars and 43 cents compared to the

[2:27:26] 540 dollars in 17 cents last year. Some key investments

[2:27:31] that will be funded through the assessment include implementing replacement

[2:27:36] apparatus schedule station facility maintenance such as painting and flooring.

[2:27:41] Hazmat material analyzer replacement, uh, at HVAC replacement at multiple

[2:27:47] fire stations. With that, I asked for your approval. Okay.

[2:27:53] Thank you very much. I now public hearing anyone wishing

[2:27:57] to speak on resolution 223 - 26, please come forward.

[2:28:03] Yes. Cake Coral, the city of Cape Coral is asking

[2:28:07] counsel to approve resolution 223 - 26, setting the 27

[2:28:11] fire services as but right at 81 percent recovery. Let

[2:28:15] the city still is not clearly explained how this works.

[2:28:18] The fire operations fund increased by almost 7 million dollars

[2:28:22] in 2027. At the same time the average homeowner's fire

[2:28:27] FSA is expected to decrease. And the city still calls

[2:28:31] that 81 percent. Math ain't mapping. We know the fiscal

[2:28:35] 27 budget uses 1. 8 million more from the general

[2:28:39] fund. And spends almost half your fire fund of 3.

[2:28:42] 8 million dollars. So they question the simple. And the

[2:28:48] election year, how does the fit that fire budget go

[2:28:51] up, the FSA go down and the city's still claim

[2:28:54] 81 percent cost. And after the election, until the city

[2:29:01] clearly explains this calculation, council should not approve it. Do

[2:29:05] your jobs won't know on this resolution because every taxpayer

[2:29:09] matters. Thank you. Marie

[2:29:19] Kavanaugh. A while back I did a little bit of

[2:29:22] looking into the fire department. And we have somewhere in

[2:29:24] the vicinity of 300 employees total. Yet we have 13

[2:29:31] battalion chiefs. Each as I recall, and I may be

[2:29:35] a little off on some of them are each earning

[2:29:38] over 200, 000 dollars a year. Fort Myers, however, last

[2:29:44] year had three battalion chiefs and they did away with

[2:29:48] those. Now you're very quick to say, oh, well, this

[2:29:51] city has this, this city does this. This CD does,

[2:29:54] yada, yada, yada, yada, yada. But yeah, one of those

[2:29:58] other way. Here we are. We're not denigrating the fire

[2:30:02] department at all and they need to be paid. But

[2:30:05] 13 battalion chiefs. Seriously. And Dr. D, you're correct. Prices

[2:30:11] are going up on everything. But yet I have yet.

[2:30:14] To see this council. Take a project and scale it

[2:30:20] back to save money. That is not none. That is

[2:30:24] something that needs to be looked at. JC Park is

[2:30:29] a classic example of that. That thing is a mess.

[2:30:32] It's an 18 million dollar failure. And the city, he

[2:30:36] owes us an explanation as to how it's going to

[2:30:38] get fixed and who is going to pay to get

[2:30:41] it fixed. And it better not be us. Thank you.

[2:30:47] Uh, before you get going there. Gentlemen there in the

[2:30:51] back, it's been speaking. Could you ask him to either

[2:30:54] step outside or just we can hear you up here?

[2:30:56] Thank you. Good Mr. Chair. Wes, it wasn't you. You're

[2:31:01] cool. Just, I'm just going to footstop like I did

[2:31:04] last time. The assessment we all get is really lacking

[2:31:08] in information. I think we should work on correcting it

[2:31:11] for next year. Uh, there should be a comparison of

[2:31:14] what was paid last year, just like our trim notices.

[2:31:18] And especially when it comes to the FSA, how do

[2:31:21] you determine how many FEU tier twos you have? It's

[2:31:26] not explained on the form. It doesn't show why you

[2:31:30] have 40, 60, 70 EBU2s. That should be a topic

[2:31:36] of discussion and interest. It should be comparable to what

[2:31:40] was last year. So you don't have to go hunt

[2:31:42] through everything and figure out everything. Why can't that be

[2:31:44] done? That should be simple. I've complained about it every

[2:31:47] year. Hopefully next year we get that fixed. Thank you.

[2:31:53] Anyone else wishing to speak on resolution 223 - 26.

[2:32:00] See, a none public hearing is now closed. And I'll

[2:32:02] entertain a motion for resolution 223. Motion to approve 223

[2:32:06] - 26. Is there a second. Council member can do.

[2:32:15] Thank you, Mayor. Crystal, will you please explain how the

[2:32:19] FSA goes down. When the operation costs are increasing from

[2:32:25] fiscal year 26, which is adopted to propose fiscal year

[2:32:28] 27. It's showing 83. 1 million for 26 and 89.

[2:32:32] 9 million for 27. So that is the fire department's

[2:32:39] total budget, which includes other services outside of the fire

[2:32:42] protection services, which is what we're approving tonight, the rate

[2:32:47] for that service tonight. Uh, it also includes EMS, which

[2:32:53] is funded by the general fund. Um, and so that's

[2:32:56] why the total department budget can come up while you

[2:32:59] see the amount used in our recovery calculation goes down,

[2:33:06] causes the rate to go down. So if I can

[2:33:09] get the. Yeah, showing general fund 1. 8 million in

[2:33:12] reserves 3. 8 million. So, um, when we're using the

[2:33:16] reserves, then next year, the huge increase. And you talked

[2:33:19] about this on July 22nd as well that you weren't

[2:33:21] funding the fire stations. And then that would be proposed

[2:33:25] for 28 and beyond. Yeah. So two things. So the

[2:33:28] reserve that's in the budget is for encumbrances. We've worked.

[2:33:32] This for fiscal year 27, we're estimating encumbrances. Um, instead

[2:33:37] of what we've done in prior years where we've analyzed

[2:33:41] those, after year in, after the budgets adopted. As part

[2:33:46] of BA1. Which can sometimes in some years be a

[2:33:50] large increase only months after the budget is approved. So

[2:33:54] based on discussions with counsel last time, we did that.

[2:33:58] Last time we adopted a BA1 for fiscal year 26,

[2:34:02] council expressed an interest in us trying to estimate that

[2:34:04] as part of the adopted budget so that we're not

[2:34:06] taking a large hit, um, incorporating a large increase with

[2:34:11] BA1. So that is what we're doing with this proposed

[2:34:15] budget. So that use of fund balance is the use

[2:34:18] of assigned fund balance to cover fiscal year 26 encumbrances

[2:34:23] that we estimate will need to be carried for it.

[2:34:25] So that, that's what that is for. As far as,

[2:34:30] what was your other part of that question. Just how

[2:34:34] we have our operations increases, but you said EMS. Yep.

[2:34:38] And then the fire stations was together. Question that you

[2:34:40] had. Um, so the plan for the fire stations is

[2:34:43] in fiscal year 27, we have design and apparatus scheduled

[2:34:48] for fire station 14. And what we've done in future

[2:34:51] years, the plan is to, um, build in 10 million

[2:34:57] for construction next year. Um, so we can operate on

[2:35:03] a pay as you go basis to fund and construct

[2:35:07] the next three fire stations. Um, that was, you know,

[2:35:11] kind of, we thought that was the better approach given

[2:35:14] the fact that there was a desire to try to

[2:35:17] reduce, you know, our use of our, of the city's

[2:35:20] debt capacity, right? So we are trying to build in,

[2:35:24] pay as you go plan for the next three fire

[2:35:26] stations. Next fiscal year includes design for 14 construction the

[2:35:30] year after design construction. And so we, our plan is

[2:35:34] to build that into the assessment calculation. Okay. And I

[2:35:38] guess, uh, why didn't we just continue to do that

[2:35:41] this year. We have not done that before. Okay. So

[2:35:45] why are we doing it in the future. Based on

[2:35:49] discussions with council and prior budget workshops, um, we did

[2:35:53] a presentation on this where there was a desire to

[2:35:57] try to reduce our use of debt. Where we could.

[2:36:02] This was in a way to work on a pay

[2:36:04] as you go basis to fund those projects. Right. So

[2:36:09] we're lowering the FSA, but if we kept it where

[2:36:13] it was or higher, we would already start that reserve,

[2:36:16] so to speak to fund the future fire stations? Well,

[2:36:20] what's built in for next year are built into the

[2:36:22] calculation is the design. So we have started it. So

[2:36:25] the design is built in. On the slide that we

[2:36:28] have up, if you look at the first line, which

[2:36:32] provides you this assessment revenue for fiscal year 26, that's

[2:36:36] 68. 4 compared to fiscal year 27, the 66. 9.

[2:36:42] Last year's assessment included a number of capital, um, purchases

[2:36:47] and projects, uh, that were approved as part of the

[2:36:50] fire department's program modifications. Um, this year, those modifications were

[2:36:55] presented to council and council chose not to fund those.

[2:36:58] And so that also represents, that is also a representation

[2:37:01] of why that number is less compared to last year.

[2:37:04] Okay. Thank you. Council member Steinke. Thank you, Mayor. I

[2:37:11] just wanted to remind all those that are still here

[2:37:15] and those that might be watching from home, uh, that

[2:37:19] we, we began a couple of years ago, uh, having

[2:37:22] a budget town hall here for the, uh, facility of

[2:37:28] any citizens that were concerned about how these numbers were

[2:37:32] established. What was going to make up the assessment? Why

[2:37:35] the numbers were what they were in the budget? Which

[2:37:39] personnel we're being, uh, reduced all of that. And so

[2:37:47] like we said before, this is for memorialization of, of

[2:37:50] that entire process that came along the way. And I

[2:37:53] find it interesting that, um, on the first assessment we

[2:37:57] dealt with, uh, it was a slight increase. And that

[2:38:00] we were asked to say no to that. Uh, the

[2:38:03] second one remained the same. And we were asked to

[2:38:06] say no to that. And now we have one that's

[2:38:07] being reduced. And we're being asked to say no to

[2:38:09] that. Um, and yet when I was here for the

[2:38:12] budgetown hall that we had and the fire department was

[2:38:15] here to talk about all of these numbers, I don't

[2:38:18] think there were half a dozen people that went to

[2:38:20] the table to ask any questions about why these numbers

[2:38:23] are the way they are. So from a full and

[2:38:25] fair disclosure or full transparency basis, there are many times

[2:38:30] that are given for full understanding of why the numbers

[2:38:35] are, uh, the way they are. So I would encourage

[2:38:39] in the next budget cycle, uh, to get involved earlier

[2:38:44] to come to the, to the town hall. A lot

[2:38:47] of effort is put into making sure that we have

[2:38:49] resources there. Uh, and all the facts behind where all

[2:38:53] these numbers are coming from when they, when they come

[2:38:56] down to a number as specific as 66, 845, 893,

[2:39:02] that's the time you can ask. How did you come

[2:39:03] up with that number? And where did that come from?

[2:39:06] Uh, and so before we ever get here, the questions

[2:39:10] that can be answered to have the clarity, uh, and

[2:39:14] the understanding that we've been going through when we're asked

[2:39:18] to approve what's before us. So that's it, Mayor. Thank

[2:39:21] you. Council member long. Thank you, Mayor. Uh, just a

[2:39:24] quick observation since this is our third assessment. Presentation that

[2:39:29] we received. In the last two, uh, we were presented

[2:39:31] with charts that showed where our rates were at in

[2:39:36] relation to other cities. You can't help but notice that

[2:39:38] we don't have that same information on this one. The

[2:39:41] implication to me obviously is that it probably isn't as

[2:39:44] favorable, but maybe you might be able to explain. No,

[2:39:47] when I did research across the state, um, the methodology,

[2:39:51] uh, for, for our specific assessment was different than what

[2:39:57] I could find across the board, you know, other cities

[2:39:59] adopted different methodology. Some didn't have the tier one, tier

[2:40:03] two approach. It was just a fixed cost. Um, some

[2:40:06] did have the tier approach, but using a different, uh,

[2:40:12] methodology built in. So I didn't think it would be

[2:40:14] valuable. It wouldn't represent a true comparison. And so it

[2:40:18] would be your position than that same explanation. Wouldn't be

[2:40:22] relative to the stormwater collection assessments, for example, that we

[2:40:25] already voted on. And we're provided information on. I'm sorry.

[2:40:29] The stormwater assessments that we already voted on. So those

[2:40:32] are, those are all applied uniformly. Based on the figures

[2:40:34] that we received. The methodologies work more comparable. They were

[2:40:39] closed. Some used ERA, some used what they called an

[2:40:42] ESU. But the approach was very similar. So I, my

[2:40:48] professional opinion, I felt it was still valuable to the

[2:40:51] public and to you to use and to show. It

[2:40:54] was just vastly different for do the work. And go

[2:40:58] through and figure out where those formulas differentiated and basically

[2:41:02] get down to the brass tacks of it all as

[2:41:04] far as per dwelling unit. Uh, which a lot of

[2:41:06] them are reflected. But I understand what you're saying with

[2:41:08] the tier one and tier two. Would it be your

[2:41:09] position that we would be situated at the higher end

[2:41:11] of that or the lower end of that for our

[2:41:13] FSA rates per residential dwelling. For the rate. Like we're

[2:41:18] looking at 515. For example, Fort Lauderdale's like 350. Fort

[2:41:22] Myers is like 200. I'm not in a position to

[2:41:27] really give an opinion on it because I haven't done

[2:41:28] that deep of a dive in the comparing the methodology.

[2:41:32] I would wager that we were probably at the top

[2:41:34] of that matrix. So, you know, I would love to

[2:41:35] see that information. I understand. The point that you're making

[2:41:38] with regards to us maybe being a little different. I

[2:41:40] think that probably is a blind doll. The other ones

[2:41:42] too. Um, if we could get that information, I would

[2:41:46] love that. Just, it's tough to look at it and

[2:41:49] see that. The charts that we see where we're at

[2:41:52] the bottom end. We parade out. But we're, in my

[2:41:54] opinion, we're probably at the high end they're absent. Um,

[2:41:57] that doesn't sit right with me. I'm not. I don't

[2:42:00] know if we are or not. Okay. Well, I would

[2:42:03] love to find out into that, uh, to that point.

[2:42:05] So, um, and that would be my only comment on

[2:42:08] this one, Mayor. And I do obviously appreciate the fact

[2:42:09] that it's dropping. Um, we did raise this what I

[2:42:12] believe last year. I was a no vote during that

[2:42:14] race. Uh, I'm going to be a no this year

[2:42:16] for that exact reason, even though it is lowering the

[2:42:18] rate. Just want to put that out there. Thank you.

[2:42:22] Just one quick thing I wanted to mention, as you

[2:42:24] can see, the average single family home based on this

[2:42:27] chart's 270, about 275, 000 dollars. I know an individual

[2:42:31] that lives in Cape Royal, which we all know is

[2:42:35] an enclave of, uh, Cape Coral. So they, they, they

[2:42:38] pay a fire district. But just to put it in

[2:42:42] perspective, that individual wounds a home. Is assessed value is

[2:42:46] about 690, 000. It's about two and a half times.

[2:42:51] Uh, the average single family home that's listed on this

[2:42:55] chart. If you take two and a half times of

[2:42:59] the 515 that takes you up to about 1287 dollars.

[2:43:06] Cape Coral with a home value of about 690, 000

[2:43:10] is going to pay. In your FSA. He pays 3,

[2:43:15] 000 dollars. To the Matt Lachey fire district. For his

[2:43:18] fire service alone. So I just wanted to kind of

[2:43:22] put that in perspective. In a community that's an enclave

[2:43:26] within Cape Girl. That more than likely, uh, there was

[2:43:31] a fire in that community. Because of our mutual heat

[2:43:34] agreement, we'd be going there anyway. But I just thought

[2:43:36] that was important to mention what he's paying. In relation

[2:43:39] to that same home value house would pay here in

[2:43:43] the city of Cape Coral. Uh, Council Member Steinke. Thank

[2:43:48] you, Mayor. Uh, just a couple of things. One is

[2:43:53] there's, I think I mentioned it before there is a

[2:43:56] tool that you can use that's available to you as

[2:43:58] a citizen. If you just Google Cape Coral checkbook, um,

[2:44:02] you can go and take a look at, um, how

[2:44:04] each one of these compares to other cities around us,

[2:44:08] not as many cities as it was on that bar

[2:44:10] graph. But I know that one thing that is true

[2:44:13] and maybe Mr. City Manager can speak to it. There

[2:44:16] are some cities that actually partner with the county for

[2:44:20] fire services and cost gets spread out where the actual

[2:44:24] cost for fire shows up in a, in a county,

[2:44:28] uh, receipt, if you will, than it does a city

[2:44:33] receipt. And so even with how the, how the FSA

[2:44:37] is calculated being different, uh, as was presented to us,

[2:44:43] oftentimes it's not a matter of calculations how it's paid,

[2:44:47] um, that it wouldn't necessarily be paid to the city,

[2:44:49] but it might be paid through a county partnering. Is

[2:44:52] that not true. That is true. There's a, there's a

[2:44:56] number of reasons why fire is really hard to, to

[2:45:00] compare apples to apples. One being that specifically that, um,

[2:45:04] so for example, take our sister city port st. Lucie,

[2:45:07] port st. Lucie does not have a fire department. So

[2:45:10] a lot of people like to compare them to keep

[2:45:12] coral. But their staff does not have to respond to

[2:45:17] manage or oversee or counsel doesn't even have to budget

[2:45:19] for a fire department. So in that case, they, they

[2:45:23] go through a fire district similar to what the mayor

[2:45:26] just said about, um, the, the mat was able, uh,

[2:45:33] is that we in the city of Cape Coral. Put

[2:45:38] a priority on the personal response, the medics. And so

[2:45:44] we have all of, um, we have paramedics in advanced

[2:45:49] life support. On our trucks. You do not see that

[2:45:53] in all, all, um, fire departments throughout the state. But

[2:45:58] our community wants that because the cause they go to

[2:46:01] where we want somebody not to wait for an ambulance

[2:46:05] to provide service immediately. We pay that premium. You compare

[2:46:10] us to a department that does not provide that level

[2:46:13] of service. Of course they're going to be cheaper, but

[2:46:17] your response time for that is going to be a

[2:46:19] lot longer while you're sitting there in an emergency waiting

[2:46:22] for somebody from the county to show up. Uh, additionally,

[2:46:27] as you all know, even with the city, we only

[2:46:29] recover 81 percent of our fire department costs through the

[2:46:34] FSA. So even if crystal were to look at what

[2:46:38] the other departments recover through their FSA, if they have

[2:46:42] one, it may be a 20 percent cost recovery cost

[2:46:47] recovery So there are, there are a lot of reasons

[2:46:50] why from the fire perspective, it's just, it's just hard

[2:46:53] to do an apples to apples comparison. Okay. Uh,

[2:47:04] Councilmember? Yeah, that was it. I mean, my point was,

[2:47:06] I think still stands. I think to the last thing,

[2:47:09] if they were only doing a 50 percent recovery, wasn't

[2:47:12] that the point? Is there charging their residents less? I

[2:47:13] mean, my only main point is that it's awfully convenient

[2:47:17] that anytime that we're in a position where it seems

[2:47:19] like we might be on the higher end of the

[2:47:20] spectrum, there's all these new wants approaches that this makes

[2:47:24] us different. So it's okay that we might be on

[2:47:26] that spectrum. Um, the mayor, I appreciate the point you're

[2:47:31] making, but again, if we're cherry picking data, that poor

[2:47:34] guy, Matt Lachey's paying 300, three thousand dollars. They have

[2:47:40] a flat rate for their residential and it's like 350

[2:47:43] dollars. We give a damn how big his house is.

[2:47:45] So you can pick and choose and throw numbers around

[2:47:47] to meet your thing. But what I'm saying is we

[2:47:49] shouldn't be doing that. We should be getting the same

[2:47:51] exact data that's being used to justify every single assessment

[2:47:54] on every single assessment presentation, period. Because when we don't,

[2:47:59] you leave that void open and then the void of

[2:48:01] truth is what? So that's my only point here. Thank

[2:48:05] you. Mr. Zai Manager. Thank you, Mayor. I just wanted

[2:48:10] to answer the question for, uh, there was a question

[2:48:13] about what is tier one, tier two. And so for

[2:48:16] those members of the community who have not been here

[2:48:20] very long, um, our fire service assessment was taking all

[2:48:24] the way to the Florida Supreme Court and upheld to

[2:48:28] be a valid fire service assessment. There is a report

[2:48:32] out there that I think will answer every question, um,

[2:48:36] that anyone has about how it is built and what

[2:48:38] was upheld by the Supreme Court. It's dated 822 2013.

[2:48:44] And it actually has exactly what you want to know

[2:48:48] about tier one, tier two, how certain costs are a

[2:48:52] portion. The name of the study is city of Cape

[2:48:55] Coral Fire Rescue non - Advilorum assessment study. On page

[2:49:00] 16 through 20. If you have a chance to look

[2:49:03] at that report every single line item in the fire

[2:49:08] department budget is looked at on whether or not it

[2:49:12] is a benefit to a real property or to a

[2:49:15] real person. If it's a benefit or a portion, any

[2:49:19] of that cost is a portion to a real person.

[2:49:21] It is not legally allowed to be in the fire

[2:49:25] service assessment. So you will see every line broken out

[2:49:28] at 1. 7 percent of this is to a person.

[2:49:31] So only 98. 3 percent can be put into the

[2:49:35] assessment of this. And then all the other costs are

[2:49:39] up to 100 percent allocatable to the fire service assessment.

[2:49:46] Additionally, um, if you, I think I misspoke there, I'm

[2:49:51] sorry, 16 through, yeah, 16 through 20 is the, the

[2:49:54] line item allocation distribution. And then if you want to

[2:49:58] know about how, what is in, how is tier one

[2:50:01] and tier two, uh, developed. There is an entire write

[2:50:06] up, uh, tier one is assigned to every parcel equally.

[2:50:12] Whether it's improved or unimproved. And the thought there is,

[2:50:19] our fire department is ready to serve whether a call

[2:50:23] comes in or not. And there can equally be a

[2:50:27] fire on any one of those properties. So tier one

[2:50:34] is the cost that we need to have our fire

[2:50:37] department ready and available to take a call. Those costs

[2:50:42] are identified. And then broken out on a per parcel

[2:50:47] basis. Tier two goes to the level of protection. That

[2:50:54] the structure on the property obtains. In the report is

[2:51:00] specifically states that tier two all improved properties with structures

[2:51:05] on them receive an additional benefit. Of protection from the

[2:51:09] loss of the structures due to fire. As follows. Maintenance

[2:51:14] of minimum cost of insurance. By providing a favorable ISO

[2:51:17] rating, the city provides property owner with the ability obtained

[2:51:20] fire insurance out of favorable rate. And the benefit, if

[2:51:25] not insured, if not insured, the property owners would have

[2:51:27] assurance that they have protected from actual economic loss from

[2:51:32] their structures. And it goes on and on. So based

[2:51:35] on the value of the structure on the property, we

[2:51:40] get that certified from the property appraiser. We know exactly

[2:51:44] what the land value is and what the structure value

[2:51:47] is. We divide the structure value in five, That's how

[2:51:54] we create an EBU. So if you have a hundred

[2:51:59] thousand dollar property, you're 20 EBUs. If you have a

[2:52:03] 200, 000 dollar property, you're 40 EBUs. The tier two

[2:52:09] component, the cost of actually not the readiness to serve

[2:52:13] the cost that we would have regardless of one call

[2:52:16] ever came in. The other consumable costs go into tier

[2:52:21] two. And then tier two is divided out by the

[2:52:25] total number of EBUs. So somebody that has a 200,

[2:52:28] 000 dollar structure on tier one, but on tier two,

[2:52:34] they're going to pay higher than somebody that has a

[2:52:36] hundred thousand dollar structure. That is also written into resolution

[2:52:42] 223 - 26, which is before the council tonight, section

[2:52:47] six E2 spells that out. Thank you. Okay, seeing no

[2:52:53] other, hold on a minute. Quick one. Where would where

[2:52:56] was that Mississippi manager? Coach, you know, I like to

[2:52:58] send this out. Where I'm on the website right now.

[2:53:01] Where can we find that outside of resolution on our

[2:53:03] city council website on the city government website. I didn't

[2:53:07] do a direct crosswalk. I could send that to, but

[2:53:10] if you just, if you just type in Cape Coral

[2:53:13] fire service assessment and do a search, the 2013 study

[2:53:17] will come up. It is on our, let me see

[2:53:20] if I can on our website where everybody, cause you

[2:53:24] know, we always counsel go through this transparency thing. So

[2:53:27] what I'm hearing you say, all those in the backup,

[2:53:30] is it on the website. Yes, sir. I'm just found

[2:53:33] the directory to it. So it's under city, Cape Coral

[2:53:37] page. If you click on the government tab, go to

[2:53:39] city managers. There's a link there for fire service assessment.

[2:53:43] Thank you. That's all Mayor. Madam City clerk, we already

[2:53:47] got a motion, right? Yes, sir. Caught a roll. Please.

[2:53:52] Kill rain. Aye. Lastra. Aye. Lehman. Aye. Long. No. Steinkey?

[2:53:59] Aye. Donnell. Aye. Gunter? Aye. Kaduk? No. Six eyes, two

[2:54:06] nays motion carried. All right. Let's move on to resolution

[2:54:11] 224 - 26. Madam City Clark, please read title. Resolution

[2:54:16] 224 - 26. A resolution of the mayor and city

[2:54:20] council of the city of Cape Floral, Florida. Approving the

[2:54:24] fiscal year 2026 to 2027 non - ad valoreum assessment

[2:54:29] role for assessments imposed to fund law mowing services, approving

[2:54:34] the assessment rates for such fiscal year and providing for

[2:54:37] collection of the assessments pursue it to the uniform assessment

[2:54:40] collection act, providing for several ability and providing for an

[2:54:44] effective date. Turn over to staff. Thank you. All right.

[2:54:51] This presentation concerns the lot mowing assessment and final resolution

[2:54:55] establishing the rate for next fiscal year. Again, chapter 17

[2:55:02] of the city code provides a uniform process for imposing

[2:55:05] and annually administering assessments for a central services and capital

[2:55:09] improvements. The introductory resolution was approved July 22nd. Um, which

[2:55:15] allowed us to notify the affected property owners, which we

[2:55:19] did, uh, the first week of August. And we're before

[2:55:22] you tonight for final resolution of those fees. The city's

[2:55:29] a lot mowing program provides mowing invasive vegetation removal and

[2:55:33] burrowing owl nest trimming for unimproved lots enrolled in voluntarily

[2:55:39] enrolled into the program, approximately 31, 000 parcels participate. And

[2:55:45] the program across four districts. Lots are mode 13 times

[2:55:48] annually. Generally from February through December services also include removal

[2:55:54] of exotic and invasive vegetation and burrowing owl nest trimming

[2:55:58] from May through January. Our rates are calculated using an

[2:56:03] equivalent lot unit, R - E - L - Equal

[2:56:06] to 5, 000 square feet. Uh, this approach applies the

[2:56:09] assessment proportionately based on the size of each lot. The

[2:56:16] program covers four districts within Cape Coral. Each district has

[2:56:20] its own assessment rate, reflecting the specific needs and characteristics

[2:56:24] of that area. The proposed assessment rates for fiscal year

[2:56:29] 27 compared to the current year, um, and as you've

[2:56:34] shown on the table, um, all districts will receive a

[2:56:36] modest increase in the rate per ELU. And that increase

[2:56:41] is attributed to overall, um, increased in fuel surcharges and

[2:56:46] increase in personnel expenses for those employees working the program.

[2:56:53] For a standard parcel, this is two ELUs. So the

[2:56:57] annual assessment rate, they can expect a range from 96.

[2:57:02] 86 to 151 dollars and 78 cents depending on the

[2:57:07] district. With that, I asked for your approval. Hey, thank

[2:57:12] you. I opened up public hearing anyone wishing to speak

[2:57:16] on resolution 224 - 26. Please come forward. See, a

[2:57:23] non - public hearings now close and I'll entertain a

[2:57:25] motion for resolution 224 - 26. Motion to approve. Second.

[2:57:31] Any council discussion. See, a non - Madam City clerk,

[2:57:34] please call the role. Kill rain. Aye. Lastra. Aye. Lehman.

[2:57:40] Aye. Long. Aye. Steinkee? Aye. Donnell. Aye. Gunter? Aye. Kaduk?

[2:57:47] Aye. Eight ayes, motion carried. Okay, move on to resolution

[2:57:50] 225 - 26, Madam City Clark. Please read the title.

[2:57:57] Resolution 225 - 26. A resolution of the mayor and

[2:58:01] city council of the city of Cape Coral, Florida. Approving

[2:58:04] the fiscal year 2026 to 2027 non - adviloram assessment

[2:58:09] role for assessments imposed to collect certain delinquent water, wastewater,

[2:58:15] irrigation, fire service non - advalorum special assessments and capital

[2:58:19] expansion and contributions in aid of construction loans. Approving the

[2:58:24] amounts and providing for the collection of the assessments pursuant

[2:58:28] to the uniform assessment collection act and providing for an

[2:58:30] effective date. Okay, thank you, alternative staff. Thank you. To

[2:58:37] the city offered a number of programs to its residents

[2:58:40] to assist with paying assessments, uh, and associated fees for

[2:58:43] various, uh, utilist expansion projects over the years. And so

[2:58:51] a small number of these accounts, um, have become delinquent

[2:58:55] and now need to be resolved. So this resolution formerly

[2:58:59] establishes the assessment amounts for the delinquent parcels authorizes collection,

[2:59:05] um, through the uniform assessment collection act and allows the

[2:59:08] charges to be placed on the tax bill. So resolution

[2:59:12] 22526 serves as the right resolution for the delinquent deferred

[2:59:17] assessments and the delinquent hardship deferrals. And as the others,

[2:59:26] an introductory resolution was approved on July 22nd, authorizing us

[2:59:30] to notice, uh, these assessed property owners. So the first

[2:59:34] program under this resolution, I'll start with is the deferred

[2:59:38] assessments, um, for certain UEP areas, the city offered property

[2:59:43] owners, the option to defer assessment payments under the program,

[2:59:48] owners were allowed to place a voluntary lien, uh, for

[2:59:52] the full assessment, including principal and interests and administration fees.

[2:59:56] Uh, these deferred assessments became due and payable upon the

[3:00:00] sale of the property, refinancing of the home are transfer

[3:00:03] of ownership. So for fiscal year 27, there is only

[3:00:09] one property with, with a deferred assessment account still outstanding,

[3:00:13] uh, this property is an assessment in an assessment area

[3:00:16] that has reached the end of the assessment term. The

[3:00:21] total amount due to the city is approximately 59, 000.

[3:00:26] So we are looking to add that assessment to the

[3:00:30] tax bill in an annual installment over the original term,

[3:00:34] which is 20 years. Delinquent balances plus statutory discount and

[3:00:39] collector fees will be added to each installment and the

[3:00:42] lien will be released upon full payment. So this is

[3:00:47] just another, more details of that one assessment that we're

[3:00:51] including. You'll see that the annual installment will be approximately

[3:00:56] 3, 100 dollars. And when an assessment is deferred, just

[3:01:03] want to point out that the city actually pays the

[3:01:05] annual installment on behalf of the property owner. So most

[3:01:09] of this outstanding balance actually is going to be considered

[3:01:12] a reimbursement to the city. The next is the delinquent

[3:01:17] hardship assessment. The city's hardship program provides low - income

[3:01:21] property owners a means to defer all are part of

[3:01:24] certain UEP and fire service assessments each year based on

[3:01:28] HUD guidelines to participate in the program owners must apply

[3:01:35] annually and all deferred amounts are recorded as liens against

[3:01:38] the property. The amount includes principle and interest, and like

[3:01:42] the deferred assessments, they become due upon sale home transfer,

[3:01:48] our refinance. So under this category, we have 11 properties

[3:01:54] that have outstanding hardship assessments, eight properties are no longer

[3:01:58] enrolled in their hardship program, possibly because they no longer

[3:02:01] qualify in three properties have changed hands, but assessments were

[3:02:06] left unpaid at closing. The total about here is 46,

[3:02:12] 658 dollars in 36 cents. The amount of the assessment

[3:02:19] shall be equal to the total deferred amount due and

[3:02:22] owing as of November 1st, 2026, and the repayment term

[3:02:26] will match the remaining term of the original assessment. The

[3:02:31] fire service assessment balance will be billed over a term

[3:02:34] of five years and be added to the current annual

[3:02:37] fire service assessment. And no additional interest will accrue. And

[3:02:42] here are the details of those 11 parcels that will

[3:02:46] be included on the tax bill. It also provides you

[3:02:50] with their annual installment terms. And with that, I asked

[3:02:57] your approval. Okay, thank you. I open up public hearing

[3:03:01] anyone wishing to speak on resolution 225 - 26. Please

[3:03:05] come forward. See a non - public hearing is now

[3:03:10] closed. And I'll entertain a motion of recording resolution 225

[3:03:13] - approved 225 - 26. Any council discussion. Seeing none,

[3:03:21] Madam City clerk, please call the rule. Aye. Master? Hi.

[3:03:27] Lehman. Long. Aye. Steinky? Aye. Danelle. Enter? Aye. Good to?

[3:03:35] Aye. Eight eyes, motion carry. Okay, move on to the

[3:03:39] last resolution 226 - 26, Madam City clerk. Please read

[3:03:43] the title. Resolution 226 - 26. A resolution of the

[3:03:48] mayor and city council of the city of Cape Coral,

[3:03:51] Florida, approving the fiscal year 2026 to 2027 assessment roles

[3:03:56] for various non - advalorium assessments levied and imposed pursuant

[3:04:01] to Florida law and the city of Cape Coral Code

[3:04:03] of Ordinances, including chapters 2, 17, and 19 thereof. An

[3:04:08] ordinance 29 - 05 describing the lean associated therewith, directing

[3:04:14] that the assessment roles be certified to the Lee County

[3:04:16] Tax Collector and providing for an effective date. Okay, thank

[3:04:21] you. Staff. All right, you're the finish line. So this

[3:04:26] resolution formerly approves the city's assessment roles for our non

[3:04:30] - advalorium assessments that will be collected on the upcoming

[3:04:35] property tax bill. The city has levied various non -

[3:04:40] advaloreum special assessments to fund capital improvement services that provide

[3:04:44] a specific benefit to certain real property within our established

[3:04:48] UEP areas. These assessments are governed by sections 166. 021

[3:04:55] and 197. 3632 of the Florida statutes, as well as

[3:05:01] chapters 2, 17 and 19 of the city's code of

[3:05:05] ordinances. And section 17 - 47 requires counsel to adopt

[3:05:12] an annual assessment resolution as part of the annual budget

[3:05:15] process. This action approves assessments for the upcoming fiscal year.

[3:05:24] So this slide here provides you a total of each

[3:05:29] of the roles related to the specific project areas, starting

[3:05:33] with South 1 East, all the way through Del Prado

[3:05:38] Mall parking lot and all of the associated utility capital

[3:05:41] expansion fees and contribution in aid of construction fees associated

[3:05:46] with those assessment areas. So approval of the resolution authorizes

[3:05:53] the certified roles to be transmitted for inclusion on the

[3:05:57] Lee County tax collector's property tax bills in November, uh,

[3:06:01] and this is the final administrative action needed to collect

[3:06:04] those fees next fiscal year. And with that, I asked

[3:06:07] for your approval. Okay, now public hearing in one wish

[3:06:11] and speak on resolution 226 - 26, please come forward.

[3:06:18] See, a non - public hearing is now closed. I'll

[3:06:21] entertain a motion regarding resolution 226 - 26. Motion to

[3:06:25] approve. Any council discussion. Say a non - Madam City

[3:06:30] clerk, please call the rope. Hill rain. Aye. Lastra? Aye.

[3:06:35] Lehman. Long? No. Steinky? Aye. Donnell. Aye. Gunter? Aye. Kaduk?

[3:06:43] Aye. Seven ayes one nay motion carried. Okay, move on

[3:06:48] the item 11. C is introductions. We do not have

[3:06:50] any introductions tonight. Item 12 is reports. Council members thank

[3:06:54] you report. No report. Council member down now. No report.

[3:06:58] Council member Kadu. Thank you mayor. So I know we

[3:07:01] talked about this a long time ago about Hayden Lane

[3:07:05] and I'm going to make a motion and I'm looking

[3:07:06] for a second to request a future agenda item be

[3:07:09] scheduled to address the Sandoval application for a replat. I'll

[3:07:14] give you the second. Thank you. Are we going to

[3:07:17] add that to a committee of the hoe? Is that

[3:07:18] what you asked? I would be. Yeah. If we could

[3:07:20] add as an agenda item. It could be community of

[3:07:22] the whole would probably be best. Yeah I think so.

[3:07:25] We have one next week. Are you whenever. Is that

[3:07:28] good? Next week is fine for me. All right. Thank

[3:07:31] you. Madam City Clark. We can add that to the

[3:07:33] agenda. For September 9th. That's the next cow. Yeah. Whenever

[3:07:39] our next one is. Thank you so much. That's all.

[3:07:42] Alright. Uh, Council Member Kilring. Uh, on the 20th, I

[3:07:49] attended the St. Hughes Walt. Reuben Cunning with one of

[3:07:54] Holmes. And that's the first, I guess, uh, the, uh,

[3:07:58] state of Florida. And, uh, great project. And, uh, along

[3:08:03] with Councilman. Lori Lehman, uh, CCCIA was there to represent

[3:08:10] a lot of other builders who are going to be

[3:08:12] participating in that. Saturday. I went to the CCIA home

[3:08:20] show. And that's it. Thank you, Mayor. Council Member Lastered.

[3:08:24] Thank you, Mayor. Um, I too attended the home show,

[3:08:27] but on Sunday, it was a great event. Lots of

[3:08:31] vendors, lots of information. So thank you to the CCCIA

[3:08:34] for putting that on. Um, I don't have any more

[3:08:37] on a report, Mayor, but I do have a question

[3:08:40] for all of you. I met with the city. I

[3:08:42] spoke to the city manager two weeks ago about moving

[3:08:45] the camera back onto the podium for citizens input. And

[3:08:49] the reason is because we end up with distractions here

[3:08:53] with, you know, iPads and cell phones. And I just

[3:08:56] feel like if you guys are okay with it, could

[3:08:58] we possibly consider moving that camera back to the podium

[3:09:02] so that eliminates the distraction right here in front. Is

[3:09:07] that something that maybe we could put on our next

[3:09:09] committee the whole and have a discussion? Do we need

[3:09:11] to. I mean, I think so. You do. Okay. All

[3:09:15] right. Yeah. That's fine. If I can get a second

[3:09:17] or do I need a second? Okay. That'd be good.

[3:09:20] Thank you, Mayor. We'll add that on that same committee

[3:09:23] of a whole era, Madam City Clark, please. Yes, your

[3:09:26] honor. Thank you. All right. Uh, Council Member Lehman. Yeah.

[3:09:33] I too attended the home show. On Saturday. Met with

[3:09:40] a lot of different people. It was a great situation.

[3:09:47] Thank you, that's it. Council Member Long. All right. Go

[3:09:50] back to going back to lastress. I don't recall did

[3:09:54] we need a cow to remove that. I don't game

[3:09:58] review. Did we change? It's not like a proper function

[3:10:00] of council. I don't remember making any action on behalf

[3:10:04] of council to. Take that away. So I don't know

[3:10:07] where that leaves us with regards to the discussion next

[3:10:09] week. But if that's a staff function, then we can

[3:10:13] just direct staff to do it, even though I don't

[3:10:14] think we, I don't remember doing that up here. To

[3:10:17] change the camera angle. So I guess take them out

[3:10:20] what you will. That's your, that's your cause. Take and

[3:10:22] run with it. Um, just one question with regards to

[3:10:25] the, um, report with the hearing examiner. Where didn't can

[3:10:30] we expect, I guess to move forward with what's the

[3:10:33] process look like to hire the new hearing examiner, I

[3:10:35] guess the contract that we've had with the hearing examiner's

[3:10:38] terminated, will become terminated very soon. What does that look

[3:10:41] like moving forward? Uh, technically when you approve the last

[3:10:45] hearing examiner as part of the authorization, she's allowed to

[3:10:49] sit for quasi any cause education matters. She's allowed to

[3:10:53] sit, but her term, her, her contract is up, right?

[3:10:56] So wouldn't we either renew the contract or we would

[3:10:59] then ask special magistrate, the contract that you approved. Sure.

[3:11:04] Authorized. That individual to sit for any and all. Matters

[3:11:11] that our cost and judicial. Okay. So if that was

[3:11:15] true, then what would have the purpose have been to

[3:11:17] come and codify that before this council. Through the motion

[3:11:21] that's now failed twice in the last two weeks. I'm

[3:11:25] sorry what. You're telling me that when we hired a

[3:11:28] new special magistrate when April. That effectively turned to that

[3:11:34] replaced the hearing examiner. No. That did not. That's not

[3:11:38] what I said. Okay. So then help me. Set is

[3:11:41] they're authorized. To sit for quasi judicial matters. Okay. I

[3:11:46] didn't say it to replace that. So that was incorrect.

[3:11:49] Then the motion that was just brought up for reconsideration

[3:11:51] today, which was ruled upon and shot down last week,

[3:11:57] that was to have the position of the hearing examiner

[3:12:00] replaced with plethora of special magistrates. That was an amendment

[3:12:06] to the land development code regarding who would be sitting

[3:12:09] in that, in that stead. Can you explain how those

[3:12:12] two then are different? Because if I'm saying you said

[3:12:14] it, you took offense, which I appreciate to me categorizing

[3:12:18] it that way. But then when I then turned around.

[3:12:22] And capsulated what the nature of the motion that was

[3:12:27] up for reconsideration today was it in effect was the

[3:12:30] same exact end result. Was it not. The motion was,

[3:12:37] as you just confirmed, was today was a reconsideration. Of

[3:12:40] the denial of ordinance number 20 - 26. Which in

[3:12:46] short does what. Have brought the matter back before you

[3:12:50] all as it was? Not the matter itself. What was

[3:12:52] the matter itself regarding. The matter itself was an amendment

[3:12:56] to the process associated with who'd be sitting and hearing

[3:12:59] these matters. So if we chose not to amend the

[3:13:02] process, then logic would dictate that that means that the

[3:13:06] process as it currently exists would continue on. Is that

[3:13:09] not logical? Going to. Okay, well if it is, I'm

[3:13:13] hearing examiner sits over these meetings as they have for

[3:13:15] the last several years. And our hearing examiner's contract is

[3:13:18] up. I'm asking when we would put out a contract

[3:13:21] seeking a new hearing examiner. There seems to be a

[3:13:25] clarification on that. If the council authorized the special magistrate

[3:13:31] to sit for all quasi - judicial matters, as pursuing

[3:13:34] to her contractual agreement with the city of Cape Poorl,

[3:13:38] that would mean that they have legally the authority as

[3:13:41] authorized by you all. To sit in that place. Okay,

[3:13:45] that's great. So then why would we need to follow

[3:13:48] it up with the motion that you put forth to

[3:13:50] a man? Motion was a correction of what was happening

[3:13:53] before, amongst other things as we had discussed. It resolved

[3:13:58] the issue of the hearing examiner making a ruling. And

[3:14:02] then it going to a special magistrate. But that apparently

[3:14:06] didn't seem to get any traction despite my talking about

[3:14:09] that. Mr. Mayor, can we put, can we put this

[3:14:11] on the cow for the next week so that it

[3:14:13] could be explained exactly how that was set forth? Because

[3:14:17] I'm whether you want to agree or not. I'm fairly

[3:14:19] certain on a majority of this council did not understand

[3:14:21] that we're kicking out the hearing examiner and replacing it

[3:14:27] with a special magistrate. When we hired a new special

[3:14:30] magistrate four months ago. And then again, just last week

[3:14:36] we voted on a decision. Why don't we go down

[3:14:38] the line and see if a majority wants to bring

[3:14:40] that topic back for discussion. And then if it is,

[3:14:43] then we'll add it to it. You know, for me,

[3:14:45] we've already voted on this issue last week, it sounds

[3:14:48] like I wasn't here. Uh, right. We voted in the

[3:14:51] negative to not allow for special magistrates to sit for

[3:14:57] quasi judicial hearings. No, that's, that is not true. I

[3:15:01] don't think that's true. So what did we vote on.

[3:15:04] Well, first of all, I don't even know. Why don't

[3:15:07] we, let's go down the line and see if we

[3:15:08] want to bring this up for a discussion for next

[3:15:10] week. Um, and, and then we'll go from there. I

[3:15:14] have one point of clarification before we go down the

[3:15:17] row. Yep. I just want, does anybody have any butter

[3:15:21] to go in my popcorn? Cause I love when those

[3:15:23] two started going right. I have no idea what they're

[3:15:25] talking about. Well, I mean, honestly, you should be having

[3:15:27] these discussions, you know, before you get here before bringing

[3:15:31] it up in the report sessions. I'm sorry. That's why

[3:15:34] I'm confused. I've had these discussions. Okay. All right. Council

[3:15:37] member downhill. We'll start down here with you. Do you

[3:15:39] want to bring, uh, this matter to a discussion at

[3:15:43] a future committee, the whole matter we've already voted on?

[3:15:46] No, no. I would. No. I'm going to, no. Yes.

[3:15:55] Yes. I wasn't counting boat. So what are we, where

[3:15:58] are we at? Four, four. Four, four. Okay. So then

[3:16:02] moving forward, we will not be using a hearing examiner

[3:16:04] in the city of Cape Coral. Yes or no? I

[3:16:09] can, let me answer this to try and take legal,

[3:16:11] legal. What's a yes personnel out of this? My administrative

[3:16:16] staff is still going to be bringing cases. To our

[3:16:19] hearing examiner. Under the exact same process that is in

[3:16:24] place today. You all did not vote. To change the

[3:16:28] process. So my staff, when it pertains to a land

[3:16:34] use in development regulation is going to follow the exact

[3:16:37] same process. This is not a personnel issue. I don't

[3:16:40] know why it's getting twisted into that. This was a

[3:16:43] procedural change on how my staff deals with land use

[3:16:47] development cases. You all voted that down. We're following the

[3:16:51] exact same process. I hope that clears it up. So

[3:16:57] then what was last week when we were talking about

[3:17:00] carousels of magistrates and reverses one single hearing examiner. That

[3:17:06] was exactly the process that you brought up. So the

[3:17:10] process was meant to. Align with what is happening. So

[3:17:16] I believe council member long, you're the one that made

[3:17:19] reference to or intimated that there was some nefarious activity

[3:17:24] in scheduling with certain special magistrates, which was false. Okay.

[3:17:28] Because these are scheduled one year in advance. And they're

[3:17:31] randomly selected based upon the invalidability of the special magistrates.

[3:17:35] But that's not what you ultimately brought forth. Are you

[3:17:37] asserted? What you asserted that there's going to be some

[3:17:40] nefarious activity in order to identify certain cases, I'll go

[3:17:43] before certain special magic. I didn't say that. That there

[3:17:47] was a that would open up an appearance of impropriety

[3:17:49] if we were to allow that to explain. You sort

[3:17:51] of that in a public mean. Okay. Where there was

[3:17:53] none. Okay. So these are scheduled one year out in

[3:17:58] advance on a pre - scheduled calendar and all the

[3:18:02] special magistrates are asked for their availability to attend. Okay.

[3:18:07] But you intimated that there was some nefarious activity by

[3:18:10] staff. In scheduling certain matters before certain special magistrates. But

[3:18:16] we're not even doing that yet. So how would I

[3:18:17] have been? You brought that up. Yeah. As in a,

[3:18:19] as a carousel. I think this, uh, what I did

[3:18:24] not assert, but you asserted was that the special magistrate

[3:18:28] that we apparently hired to replace the hearing examiner what

[3:18:32] four months ago. Mayor point out of town. Point of

[3:18:35] order. She lived in Sanibel, but she actually lives in

[3:18:37] Miami. Has a practice in Miami. Hold on. We've, we

[3:18:41] got a point of order. Could you tell us what

[3:18:43] the, uh, procedure is for point of order. I need

[3:18:46] to know what. S the point of what? We're in

[3:18:50] report. This has nothing to do with reports. This had

[3:18:54] to do with an item that was then brought down

[3:18:57] the line for consensus of bringing it to a, to

[3:19:00] a meeting on an agenda where an issue like this

[3:19:03] is supposed to be dealt with. And that failed. So

[3:19:10] why are we continuing with it. Councilwomans take you. Okay.

[3:19:19] And do we need a second for the point order?

[3:19:22] No, you rule on that as the individual running the

[3:19:25] meeting. I rule on it. Yes. I think this is

[3:19:28] an offline discussion where you too because it's been a

[3:19:30] matter. It's already been booted on and discussed. We brought

[3:19:33] it here for a, um, reconsideration. That failed. And then

[3:19:39] we even had a subsequent consensus where we didn't want

[3:19:43] to bring it at a committee of the whole. So

[3:19:44] if you two want to have that discussion, have at

[3:19:47] it, uh, but having, in my opinion, having it now

[3:19:50] during, uh, report and going back and forth. To me

[3:19:55] is, uh, is ridiculous. So if that's something to eat

[3:19:59] you want to, you two want to discuss, how about

[3:20:02] it? That's fine. Understand. Thank you, Mayor. Yeah. I don't

[3:20:11] have anything in my report. Uh, Mr. City Manager report.

[3:20:16] I do have a report. I'm sorry. Mr. City attorney.

[3:20:20] I usually go to Alex goes first. And you have

[3:20:24] a report. All right. Go ahead. Thank you, Mayor. This

[3:20:31] coming Saturday will be the second anniversary for the courts.

[3:20:35] August 29th from 11 a. m. to 2 p. m.

[3:20:38] at the courts at 420 Southwest second avenue. They're going

[3:20:42] to have hot dogs, hamburgers, drink specials, raffles, uh, for

[3:20:47] paddles, memberships. Uh, there's going to be some round robin

[3:20:51] events. And then there's going to be some demos, uh,

[3:20:53] from some paddles providers. So if you're interested in celebrating

[3:20:58] the second anniversary of the courts with the city or

[3:21:01] if you play pickleball, uh, join us there from 11

[3:21:04] a. m. to 2 p. m. I do have two

[3:21:08] high five highlights that I want to read. I hadn't

[3:21:11] gotten a couple of these in a while. And then

[3:21:12] last week I got a couple of them. Uh, I

[3:21:15] had one resident right in regarding city workers. Nice job.

[3:21:20] And, uh, it says very nice job trenching for the

[3:21:23] drainage of my lawn, super professional and thorough. And that

[3:21:26] goes to the stormwater folks that regraded a swale. It

[3:21:31] came with it a bunch of, uh, pictures and they

[3:21:35] actually, uh, he asked for them to pose for them.

[3:21:38] And so, uh, thank you for the recognition from the

[3:21:42] resident and also thank you to the swale crews that

[3:21:45] perform that work professionally and thoroughly. Uh, another one came

[3:21:50] in regarding the fire department. This one says, uh, regarding

[3:21:55] station 12. Just wanted to pass along some info when

[3:21:59] I hope you can pass this onto our city council

[3:22:02] about the fantastic department. We are blessed with. They should

[3:22:05] know what a blessing you folks are to the community.

[3:22:08] I had issues with a myriadic acid leak around my

[3:22:11] pool supplies. Your team came to my house last week

[3:22:14] and helped neutralize it. But I still smelled something this

[3:22:17] week. Lieutenant McCar and team were better than I could

[3:22:20] ever imagine. They checked every inch of my house inside

[3:22:24] and outside to find the source. They vented my entire

[3:22:27] home and didn't leave me until the VOC dropped. They

[3:22:31] explained a lot to me. You respected my home. Made

[3:22:34] every effort to protect my pets and also take care

[3:22:37] of me. When it was time to go. They even

[3:22:41] made sure I got back in the house. Okay. I

[3:22:43] am a disabled vet. They were so professional, kind and

[3:22:48] patient I've never met an entire group of pros like

[3:22:50] this. And I was in the, since I was in

[3:22:53] the military. They worked so well with the public and

[3:22:56] one another. God bless each and every one of you

[3:22:58] to these fine firemen. So I want to thank the

[3:23:01] resident for pointing out the professionalism in our fire department.

[3:23:07] And I would like to respond to lieutenant McCarr and

[3:23:09] his team from station 12 who took care of a

[3:23:12] disabled vet to make sure that he was safe not

[3:23:16] only once they, uh, isolated the issue, but then also

[3:23:19] getting back into his home job well done high five

[3:23:22] highlight. Please don't make me gavel. On the left. Do

[3:23:31] it. I double jogged deer. You gabble gavel. Just that

[3:23:36] Mr. City manager. That is it. Thank you, sir. Thank

[3:23:40] you. We'll move on to item number 14 time and

[3:23:44] place a future meetings. The regular meeting. No, he said

[3:23:47] no. I didn't. Yep. That's what he said. Is it

[3:23:51] still no report, Mr. City turning? Still no report. All

[3:23:55] right. Great. I mean, I could, I could give you

[3:23:56] one if you want. All right. All right. So can

[3:23:58] I go on to 14 now? Okay. Thank you. So

[3:24:01] now time and place a future meetings, regular meeting with

[3:24:03] the Cape Coral City Council is scheduled for Wednesday. September

[3:24:06] 2nd, 2026 being at 4 p. m. in council chambers.

[3:24:10] Is there a motion to adjourn? Yes. So move. Second.

[3:24:13] All those in favor say aye. On the opposed. Meeting

[3:24:18] adjourned.

City Council – Regular Meeting

Agenda

Transcript