Loading...
HomeMy WebLinkAboutMinutes 12-18-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 11 Polk Avenue, Cape Canaveral, Florida TUESDAY December 18, 2007 7 :00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Mayor Pro Tem Council Member Council Member Mayor Council Member City Manager City Attorney City Clerk City Treasurer Public Works Director REPORTS. City Council Members Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Walter Bandish Council Member Roberts • Ms. Roberts related a concern from the northeast City residents on the stop sign in the Harbor Heights area. She explained how perceptually the Harbor Heights area was less dense than the neighboring area at Shorewood Drive. Mr. Boucher stated that the County had not yet reported back on the Villages of Seaport north entrance. The County traffic engineer declined to eliminate the right turn lane due to the number of existing exits. Mr. Bandish stated that the City needed a permit to remove the right turn lane. Mr. Boucher related that direct input from residents related to a stop sign to the County Commissioner might be effective. Ms. Roberts requested an outline of the steps leading up to the City assuming North Atlantic Avenue • Ms. Roberts also related a resident's concern of insufficient lighting at the following locations: 1) Chandler Street, 2} the Cape Canaveral Library parking lot, which was noted at the Tree Lighting Ceremony and 3] Cherie Down Park, which was noted at the Reindeer Run. Ms. Roberts concluded that the Council and staff should review an overall Lighting Plan for the City which might require an Ordinance amendment. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 2 of 13 • Ms. Roberts thanked Todd Morley for finding the information for the city to apply for a "Green city" designation. • Ms. Roberts requested action tracking as a method for Council actions documented at each meeting. • Ms. Roberts requested City customer service standards be established as well as a recognition program for employees to be recognized for improving City programs and customer service. Council Member Nicholas • Mr. Nicholas stated that the intent of the stop signs on North Atlantic Avenue was to decrease speeding on North Atlantic Avenue as a citywide benefit. • Mr. Nicholas referred to his previous suggestion of an electronic sign for City Hall and transferring the current City Hall sign to the new building. • Mr. Nicholas re- stated a previous concern related to the cracks in the new street paving. Mr. Bandish replied that he was seeking a professional consultant to verify the problem. The bid documents did provide a warranty. • Mr. Nicholas spoke about the red tide and expressed the need for its control at the State level. He suggested gaining support through the Florida League of Cities Legislation Delegation as a matter of public health, safety, and welfare. Council Member Petsos Mr. Petsos questioned the status of the bus shelters. Mr. Boucher replied that he was seeking support from the Radisson Resort; however, grant funding was one year away. Bus shelter installation on Ridgewood and North Atlantic Avenue was limited due to the right -of -way. However, bus shelters on State Road Al A were feasible but the City would have to pay the cost since there were no grant funds available. Mr. Petsos inquired about assistance from the 20/20 Media Group. Mr. Boucher replied that they had not responded to Mr. Ratl iff's inquiry. • Mr. Petsos asked about a Master schedule of Projects to assist Council and staff with a prioritized list of the upcoming projects. Mr. Boucher replied that he would prepare a list for distribution in January. • Mr. Petsos recommended that the City Manager attend the next Library Board Meeting in order to allay their concerns related to the Meeting Room usage.' Mr. Nicholas suggested a joint meeting with the Library Board. Mr. Boucher would seek a meeting with the County Commissioner and County Manager to reiterate the State constitution revenue law whereby the County was not allowed to use municipal taxes elsewhere. • Mr. Petsos reported on the low street light wattage at State Road A1A and International Drive. He requested a lumen survey for this major traffic intersection. • Mr. Petsos asked for a breakdown on the Inmate crew work. Mr. Bandish replied that the crew performed landscape and beach -end clean up. * Mr. Petsos requested to have the City Manager's report moved up on the Agenda in order to accommodate the citizens. Council members agreed. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 3 of 13 • Mr. Petsos went on record to address a resident's statement claiming that he was harassing her Resort Dwelling guests. He stated that he built his record based on honest and ethical principles and the comments were a fabrication. The resident sent E-mail to the City Manager making the accusations and some residents were beginning to accept what was said as true. Mr. Petsos stated that there was no truth to the statements and he asked the City Attorney if there was any recourse on his part. Attorney Garganese stated that he would review the E - mail and address the issue. • Mr. Petsos wished everyone a Merry Christmas and a Happy New Year. Mayor Pro Tem Hoog Mayor Pro Tem Hoog inquired about the lighting on Tower Blvd. Mr. Bandish stated that Public Works was addressing this issue; however, the Florida Power and Light representative was on vacation. • Mayor Pro Tem Hoog also inquired about the progress of the new Building Department building. Todd Morley replied that the inmate crew completed the painting and he anticipated moving into the building some time in January. Mayor Randels • Mayor Randels reported that the Tourist Development Council expressed an interest in sharing one -third the reach rake cost with Cape Canaveral and Cocoa Beach. The Tourist Development council would provide this as a one --time assistance. Ms. Roberts pointed that questions related to the percentage of use and storage had not been addressed. She stated that she was seeking a progress report prior to proceeding with the purchase. Ms. Roberts stated the anticipation of a joint review to address: 1 ) what equipment might be jointly acquired, 2} deciding the appropriate cost share, 3) the schedule of use, and 4} addressing storage of the equipment. Mr. Petsos stated that at a previous meeting the Council gained consensus on going forward with the possibility of an Agreement. In conclusion, Mr. Boucher stated that he would return with a joint purchase Agreement for the Council's review. Mr. Nicholas requested information from other cities on their success with this type of equipment. Mr. Boucher ensured the Council that the City was not making a commitment at this time. Nis. Roberts added to reconsider the City's portion of the cost sure and the residents' about taking up shells and disturbing the turtles and the natural dunes areas where the rake would be used. • Mayor Randels announced that former Council Member Tony Hernandez moved his law office to Cocoa. • Mayor Randels reported that at the Brevard County Metropolitan Planning Organization meeting, the city was recognized for the Safe Talk to Schools Forum. • Mayor Randels reported that he visited Ms. Gerry cline, an 85 year -old, long time resident and former Board member. She now resides at cedar Creek Life Center and remembered some of those in the City and on the Council. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 4 of 13 Mayor Randels reported that the City received $1,887.80 in return funds through the Florida League of Cities from companies who were operating without a Business License. • Mayor Randels informed that he initiated the Wildflower License plate campaign. The Florida Museum of Natural History now promotes the efforts and distributes brochures that explain the benefits of the recent Wildflower License Plate Foundation sales. • Mayor Randels stated that he was unable to provide ocean Woods with clear - cut directions on how to proceed with their request. Mr. Boucher stated that Ocean Woods was a private development and the Florida Attorney General =s opinion was that the city could not use utility funds to fix, repair, and maintain a private system. Mr. Boucher stated that the city would accept a roadway if it were up to the City's design standards. • if not, the development would incur the costs. 1. City Manager • Mr. Boucher informed that the Florida League of Cities has a Green City Resolution which would be on the next Agenda. He commented on the labor- intensive application. • Mr. Boucher reported that the final left turn lane signal for North Atlantic Avenue was signed; however, the City should anticipate major utility work. • Mr. Boucher commended the Recreation Department on the Tree Lighting Ceremony and the Reindeer Run with 490 participants. • Mr. Boucher reported that the Recreation Coordinator was hired. • Mr. Boucher reported that the Finance Department was making progress with the new financial software. He thanked the Council for the investment. 0 Mr. Boucher reported that he had not heard from the County on assuming Cherie Down Park. Mr. Boucher stated that the Council would need to schedule a Capital Improvement review meeting. * Mr. Boucher reported that City of Rockledge gave the City an inflatable space shuttle for the Christmas exchange at the fast Space Coast League of Cities dinner meeting. * Mr. Boucher reported that the Recreation Director purchased the new life trail and received a $50o discount for purchasing before December 31 st. Brochures were available on the trail equipment. • Mr. Boucher replied to Ms. Roberts that he would return to Council with a Resort Dwelling status report when his Assistant returned from vacation. • Mr. Boucher commended the Public Works Department on the Christmas decorations. Mr. Boucher reported that the Public Works Maintenance building was still in progress. Mr. Boucher stated that he would report to the Council once the City hears from the Florida Department of Environmental Protection [DEP] related to heavy metal City of cape Canaveral, Florida City council Regular Meeting December 18, 2007 Page 5of13 testing. Mr. Boucher explained how if the City were enforced by D E P to keep water from flowing into the river, the Port would need to improve their ASR system. • Mr. Nicholas inquired about drainage improvements in the Port area. Mayor Randels replied that this was related to a gravity filtration pond system. • Ms. Roberts mentioned that Jahn Grandlich, of Cape Cadbe, conducted a meeting with Solana Lake and received a favorable response to the expansion project and also had discussion on drainage issues. AUDIENCE To BE HEARD: • Mr. Rich Emerson, President of the ocean Woods Homeowners' Association, stated that ocean Woods residents desired clear direction from the council to transfer their sewer line maintenance to the City. They desired an answer possibly in writing and he stated that if easements were required, residents would consider them. Mr. Nicholas recommended a response from the city Manager and the City Attorney. Mr. Petsos stated that, given the Attorney General's Opinion, the city was unable to allow for the easements. Mr. Emerson contended that easements were legal agreements. Mayor Randels concluded that Mr. Emerson would hear from the City Manager and city Attorney. • Mr. Ray Osborne addressed the council and expressed the desire to draft a survey to uncover if there were any other city events in which there were community interest to preserve city history. He suggested an Annual Heritage Day at Manatee sanctuary Park and an oral history tour in which City descendents would tour the area. His intent was to present the survey to the Council. Mr. Boucher suggested that the council review the current city events in order not to over task staff. He recommended that Mr. Osborne seek the assistance of an organization or non -- profit group. Discussion followed on obtaining a Request for Proposal to obtain the city's oral History and not to work exclusively with the University of central Florida on the project. • Ms. Joyce Hamilton distributed papers related to Sheldon cove and Mermaid Key. Ms. Hamilton referred to the lack of a traffic light in the Mermaid Key area and the possibility of installing one to assist that area. CONSENT AGENDA 1. City council Regular Meeting Minutes of December 4, 20078 2. City council Special Meeting Minutes of November S, 2007. 3. Amendment to the Collective Bargaining Agreement with the International Union of operating Engineers Local 673 (AFL -CIO). Mayor Randels asked if any council member, staff, or interested parties desired to remove a consent Agenda item for discussion. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page S of 13 Ms. Roberts requested to remove Item No. 1. A motlo n was made by Ms. Roberts and seconded by Mayor Pro Tern H oog to Approve Consent Agenda Items No. 2 and 3. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr, Petsos, For; Mayor Randels, For, and Ms. Roberts, Far. City Council Regular Meeting Minutes of December 4, 2007' Ms. Roberts stated that there was an assumption that advisory board resumes were on file with the City; however, Board Member applications are on file, not resumes. Mayor Randels concluded to amend the word resumes on Page 8 and insert applications. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Item No. I as amended. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hong, For Mr, Nicholas, For Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATIONS: 4. Motion to Approve: Canceling or Rescheduling of the City Council Regular Meeting on January 1, 20080 Ms. Roberts requested to reschedule the meeting for another time during the same week or in the following week. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Approve Canceling the City Council Regular Meeting on January 1, 2008. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr, Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For, Ms. Roberts suggested rescheduling the City Council Meeting for Thursday, January 3rd or Tuesday, January 8 Mr. Boucher informed that most of staff was on vacation during the week prior to Tuesday, January 3 Nis. Roberts expressed concem with waiting until January 1 5 th for a meeting in light of the number of City projects under discussion. Mr. Petsos stated that holding the meeting on the 15 would provide the City Manager time to return with a Master schedule of Projects. A motion was made by Ms. Roberts to Reschedule the City Council Regular Meeting to January 8 The motion failed for lack of a second. 5. Lotion to Approve: Annual Evaluation of Waste Management. Mr. Petsos expressed his favor with the company's work and continued communication with City staff. Ms. Roberts questioned the specific evaluation ranges. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 7 of 13 informed that Kim McIntire developed the evaluations which were intended to track the new cart system. Ms. Roberts requested to see the evaluations from some other municipalities. Mr. George Geletko informed that the cities of Cocoa and Cape Canaveral, under advisement of Attorney Garganese, were the only two that require an annual evaluation. Mayor Pro Tem Hoog related on speeding on the back streets. Mr. Geletko stated that the company sought the assistance of Law Enforcement for documentation purposes. Ms. Roberts requested to see documentation of the company's steps toward improvement in order to continue to improve the evaluation process. Ms. Roberts addressed the degree of acidic residue was causing deterioration of the pavement in some condominium communities. Mr. Brian Thornton, District Manager with Waste Management, stated that he would review this issue with the drivers. Ms. Roberts also addressed the possibility of deodorizing the dumpsters. Mr. Geletko stated that bleach in the dumpster periodically would effectively sanitize them. Mr. Thornton replied to Mr. Nicholas that the drivers could place crystals in the dumpsters which they carry onboard their trucks. If the container needed replacement, a replacement tag was placed on it for identification. Mr. Geletko informed that 'Waste Management also provides deodorizing crystals to the restaurants. Mayor Randels concluded on the overall favor with the firm's work. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the Annual Evaluation of Waste Management. The vote on the motion carried 5.0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, Far; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 6. Motion to Approve: Mermaid Key site Plan Compliance Period Extension Request. Mr. Boucher explained that at the City Council Meeting on December 0, concerns were addressed related to the Compliance Period Extension Request. Todd Morley, Building Official, informed that he received a Lighting Plan. He stated that since the City had no standard, he was agreeable with the plan since it met the Planning and zoning Board's intent. Mr. Boucher reported that Attorney Timothy Pickles submitted a letter from Wachovia Bank confirming that Mr. Martin Greene had submitted an application for a Letter of Credit in the amount of $'109,283 on December 13, 2007. The application was currently in Bank Underwriting and should be completed within the next 24- to-48- hours. Mr. Pickles would be contacted upon completion. Attorney Timothy Pickles replied that Item No. 7 was conditional on Item No. C. The Chair stated for the record that discussion would proceed to Item No. 7 prior to a Motion on Item No. 6. Council returned to Item No. 6,[10.,-15 P.M.] City of Cape Canaveral, Florida City Council Regular Meeting December 18, Zoo? Page 8 of 13 Attorney Garganese clarified the Mermaid Key Site Plan Extension date of March 31' A notion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Mermaid Key site Plan Compliance Period Extension Request with the Conditions as Amended. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mn Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts,, For. 7. Motion to Approve: Sewer Line Relocation Agreement with Mermaid Key, LLC. Attorney Garganese stated that the developer needed the City to relocate a sewer line; therefore, the developer would grant the City a perpetual Sewer Line Easement in a form acceptable to the City. The City would contract for the engineering construction of the sewer line easement relocation and the City would advance the cost for that sewer line relocation. In order to provide security for the City's advanced cost, Mermaid Key would provide a Letter of Credit in the amount of $109,283. In the event that Mermaid Key does not make payment within a certain time period, then the City would have the right to demand payment from the bank_ If there were any change orders, Council would have the right to approve those change orders outlined in Subparagraph (b). If the Letter of Credit was not received, then what the Council approved at this meeting was null and void. Nis. Roberts questioned the contractor's status. Mr. Bandish replied that the contractor would be willing to delay; however, he was not aware of any cost changes because of a delay. Ms. Roberts registered her concern with the City advancing the development payment for the sewer line relocation at the taxpayers' expense. Ms. Roberts also registered a concern on Page Z, Section (2 )4c) of the Relocation Agreement based on its subjective language of, "reasonable" written change orders and "prompt" notice. Andrea Bowers, City Treasurer, brought out that the money retained, the 10 percent or, $100,000, was for the City's purposes, not for Mermaid Key. Attorney Garganese stated that conditionally the Letter of Credit would need to be delivered and all was conditional with that delivery. Attorney Pickles spoke on the reasonableness of the approval and requested a change for delivering the Letter of Credit from December 19 to no later than January 7 th . Ms. Roberts re- stated her concern with advancing funds and stated that the City was not setting a good precedent. Discussion followed on the need to continue with the repair of a major City sewer line. Mr. Boucher stated that he cautioned Mr. Greene that if the Site Plan expired there was no guarantee that he would obtain approval, relative to the sewer line relocation, at a later time. City of cape Canaveral,, Florida City council Regular Meeting December 18, 2007 Page 9 of 13 Mr. John Gedney asked who would sign the Letter of Credit. Attorney Garganese replied the owner of Mermaid Key and the bank. Attorney Pickles stated that the Mr. Greene's signature was already on the application for the Letter of credit. Discussion followed on any advanced fund draws prig to payment. Ms. Roberts re-- stated her concern of the subjective language in Section (2)(c) which wound leave the city subject to the developer's interpretation of the terms "reasonable" and "prompt." Mr. Boucher recommended stating, "the developer shall be responsible for reimbursing the City for any additional costs or written change order reviewed by the City Engineer." Discussion followed on types of mechanisms that the City could use such as, withholding any permits or further development orders until the debt was paid. Mr. Boucher recommended the language, uthe city would present the proposed change order within 24 -hours of receipt as approved by the City Engineer." Discussion continued on how to approach any change orders above the $109,283 prior to the developer's payment. Attorney Pickles stated that withholding the Building permit if any changes orders were not paid was a security action on the city's part. Attorney Pickles stated that the Council was establishing conditions of the Site Plan extension approval; however, he would need to confer with Mr. Greene. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Extend the Meeting until 11:00 KM. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Test Hoog, For, Mr, Nicholas, For, Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For Attorney Garganese referred to a black -lined version of the payment section which stated that the payment of $109,283 be no earlier than March 20 and no later than March 31 He recommended changing the no later than date to March 2e. Attorney Garganese stated these Amendments: Payment of the Sever Relocation Agreement would be approved with the following amendments: • Mermaid Key would be responsible for any interest that the city incurs on any draws at a rate of 8.25%; • Mermaid Key would be responsible for change orders reviewed and approved by the City Engineer; • Mermaid Key would pay for any Change orders within 30 days of that approval; • if Mermaid Key does not pay within that time period, there would be language within this Agreement that says the city has the right to withhold any future development permits or revoke any existing development permits; • In addition., the city will have the right to Lien the property for any amount on any change order; • obtainment of $109,283 will be due the City no earlier than March 24, 2008 and no later than March 28, 2008; City of Gape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page 10 of 13 • In addition, if the Council approves this Agreement, it would be contingent upon the letter of Credit delivered to the City, in a form acceptable to the City, no later than end of business day, January 7, 2008; and • If the Letter of Credit was not delivered by January 7, 2008, then this Agreement becomes null and void. Attorney Pickles affirmed his understanding of the Amendments. Discussion followed on a time for Mr. Greene's consent with the Agreement. Mayor Randels stated 48- hours, or by December 20, 2007 close of business, the City required Mr. Greene's consent with the Agreement as amended. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Sewer Line Relocation Agreement with Mermaid Key, LLC as Amended. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr, Nicholas, For; Mr, Petsos, For, Mayor Randels, For, and Ms. Roberts, Against. 8. Motion to Approve: Dedication of a 10 -Foot Wide sanitary Sewer Easement Within the Mermaid Key Revised North Parcel. Mr. Nicholas questioned if this would abandon any easements. Mr. Boucher replied that it did not. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Dedication of a 'I0 -Foot Wide sanitary sewer Easement Within the Mermaid Key Revised North Parcel. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoop, For Mr, Nicholas, For; Mr. Petsos,, For; Mayor Randels, For, and Ms. Roberts, For. 9. Motion to Approve: The Proposal to Provide Engineering Services for the Relocation of the 12 -Inch Force Main Due to the Mermaid Key Development. Mr. Boucher stated that approval of this item was contingent upon a signed Letter of Credit on or before January 7, 2008, close of business, and signed Agreement. He affirmed that every other request was based on this contingency as well. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Proposal to Provide Engineering services for the Relocation of the 12 -Inch Force Main Due to the Mermaid Key Development. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr, Nicholas, For; Mr. Petsos, For, Mayor Randels, For, and Ms. Roberts, For. 10. Motion to Approve: Change order Proposal to Relocate the 12 4nch sewer Force Main Due to the Mermaid Key Development. Mayor Randels clarified that the above -- stated contingency applied to this Item as well. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2007 Page I 'I of 13 A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Change order Proposal to Relocate the 12 -Inch Sever Force Main Due to the Mermaid Ivey Development. The vote on the motion Carried 5-0 with voting as follows: Mayor Pro Tern Hoag, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. RESOLUTION: Motion to Approve: Resolution No. 2007^440; Adopting the Evaluation and Appraisal Report for the Comprehensive Plan and Providing for the Transmittal to the Florida Department of Community Affairs. Todd Peetz, City Planner, recounted the Community meetings, Planning and Zoning Board Meetings and City Council meetings that led to this submittal. Mr. Peetz informed how every seven years the City was required to review its Comprehensive Plan. Mr. Peetz stated that the City should anticipate the EAR's return some time in February, and would then have an additional 18 months to address any concerns. Mr. Peetz expressed his willingness to work with the Council to include any of their concerns and to correct any typographical errors in the draft document. Ms. Roberts expressed her concern that a number of Council's Changes might not have been included. Council did not have an opportunity for a second draft review. Mr. Peetz re- stated his willingness to ensure that the document was complete for submittal to the Department of Community Affairs [DCA]. Discussion followed on ensuring that the City submits its best product effort. Mr. Peetz stated that DCA desired for the City to use the data analysis to ensure that the City was achieving the Goals objectives and Policies of the Comprehensive Plan. Mayor Randels read Resolution No. 2007-40 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT ("EAR ") FOR THE COMPREHENSIVE PLAN OF THE CITY OF CAPE CANAVERAL, ATTACHED HERETO As EXHIBIT "A "; PROVIDING FOR THE TRANSMITTAL OF THE EAR TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. Ms. Bea McNeely, Planning and zoning Board Chairperson, stated that the Board may not agree with every change that Ms. Roberts presents and therefore they would get another opportunity for review. There was no further comment. The City Attorney advised since this document was forwarded to another Agency that those changes become a separate document for Council's review. A motion was made by Mr. Nicholas and seconded Mayor Pro Tern Hoog to Resolution No. 2007 -40 with the Provision that Ms. Roberts be Given the City of Cape Canaveral, Florida City council Regular Meeting December 18, 2007 Page 12 of 13 Opportunity to Meet with the City Planner, Todd Peetz and Give Her Input to the Document Forwarded to the Florida Department of Community Affairs. The vote on the motion carried 5-0 with voting as follows: The vote on the rnotion carried with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For, ORDINANCES: Second . Public Head nc�: 12. Motion to Adopt: ordinance No. 11 -2007; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09130/07, at Second Reading. Mayor Randels read ordinance No. 11 2007 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 'I, 2006 AND ENDING SEPTEMBER 20,2007; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Adopt Ordinance No. 11-2007 at second reading. The vote on the motion carried 5 - with voting as follows: The vote on the motion carried with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 13. Revenue Sources Eligible for Debt Pledge. Mr. Boucher explained how what was presented was an example of the types of pledges available for the list of Council's anticipated projects. Mr. Nicholas asked if anything was pledged to which Ms. Bowers responded that the City's pledged revenue at this time was in the Sewer Department. Brief discussion brought out that the '/ cent Sales Tax, Local Option Gas Tax, Franchise Fees, and Utility Tax were some of the larger revenues. Mr. Nicholas stated that the City would need to consider floating a bond to go forward with its Capital Improvement projects; however, a pledge was needed. Ms. Bowers related that she had previous discussions on this subject with the Florida League of Cities. k City of Cape Canaveral, Florida City Council Regular Meeting December 18,2007 Page 13 of 13 C REPORTS: 2. Staff City Treasurer • No report. Building Official • No report. City Clerk • No report. City Attorney • No report. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:55 P.M. v e , A' Rocky Randels, MAYOR Susan Sti s, CMC, LERK i C i a 1 9 i 4 Y I