CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
May 15, 2007
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon
Roberts
Others Present:
City Manager
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Acting Public Works Director
Acting Recreation Director
PRESENTATION:
Legislative Update, Representative Bob Allen
Representative Bob Allen
addressed the Council and the audience and he referred to the Special Session
related to the Property Tax Issue. He
expressed that this was a tax policy anticipated to become a referendum and as
a result the Legislation required ample time for discussion. Representative Allen stated that although
there was a $72 billion budget there was less money than in previous
years. He also stated that the State
budget was approximately $800 million less.
Representative Allen noted that after the hurricanes there was a $2
billion surplus and he noted that the State withheld $1.7 million of that
amount. Representative Allen informed
that the thought was not to spend funds on recurring debt, but to have
recurring debt and recurring revenue match. Representative Allen noted that the
Energy Legislature achieved a mechanism called the Florida Energy Aerospace and
Technology Fund. He explained how this
fund would assist in a match plan with State funds to maintain the space
related jobs that would be otherwise lost.
He informed that Governor Charlie Crist encouraged the Bill in the House
and the Senate. Representative Allen
explained how people, although feeling the strain on the economy, were willing
to work toward the future. Mayor Randels
stated the importance of it knowing that
Representative Allen
related on how the Citizens Insurance issue was important to his constituents
living beach side and once again a 15 percent reduction bill on insurance was
passed. He explained that the
non-compete clause was removed from the Insurance Legislation for equal
competition. Representative Allen stated that relief was offered from the Citizens
government insurance. However, voting
was marginal due to the dissension from those in the middle regions who
expressed that they were carrying the burden of the coastal communities. He concluded that from a statewide view the
coastal areas provide much income to the rest of the state and due to Florida’s
narrow width, no district was really able to separate from the coast.
Representative Allen stated
that the tax structure was another issue. Beginning with homesteading, he
mentioned that he and Senator Bill Posey considered a 3 percent cap, the rate
of inflation, on all property. This would allow municipalities to use this as a
gauge for budgeting. If a person wanted
to buy someone’s home, then they would receive the homestead rate of the previous
owner instead of having it re-configured to a new higher rate. Instead of portability, you would assume the
rate of the previous person. For
non-homestead property, the Property Appraiser could go up to 10 percent and
the cap would begin at that point. Ms.
Roberts asked if this applied to a person’s second home. Representative Allen replied that this would
cap non-homestead homes with a cap of up to 10 percent; however, if the house
were sold the cap would begin again.
However, this was not a separate category for a second home. Representative
Allen explained how Legislative discussion concluded that owning property
should be free and clear from government taxation; hence, the move to Sales
Tax.
Representative Allen stated
that the Senate was not interested in adjusting the tax from Property Tax onto
Sales Tax. Discussions considered
rolling back the tax rate to 2001 and then the 2003 level, and then allow the
local governments to calculate back to the present day in 2007 as if the three
percent cap were already in place, or the cost of living with inflation. So,
the current figure would be much lower than the spikes experienced because of
the property valuation and the real estate rushes. He stated that Legislative discussion
continued in this fashion. The higher
value of homestead cut most taxes in half.
However, the immediate argument with the proposal came from the small
businessperson. He related on the impact
to their business success in the community.
Representative Allen also informed how the higher insurance rates for
small business impacted their success.
Representative Allen stated that discussion continued on how to equate
the proposed tax relief for the businessperson that the homeowner would
experience. He equated the difference
between how $76 million related to $1,160,000,000, which resulted in 6.5
percent. Representative Allen stated
that he did not envision this as a cause to eliminate the services as was
locally published to residents. He
emphasized the need for tax relief.
First, in
Representative Allen
related on how the vote was either for the Insurance industry or the consumer
and he referred to a lost vote of 53 out of 57.
He stated that communities were situated near the ocean; however, the
expense of insurances appeared punitive in living near the ocean. Representative
Allen ended his presentation on a positive note by saying that the Clean Ocean
Act was passed in the House by a vote of 109 out of 120 votes. Representative Allen pointed out how Council
Member Buzz Petsos initiated this effort and other municipalities around the
State followed
Ms. Roberts posed a question on alternative resources or revenue streams, for
example, the School millage rate, Internet sales tax, or possibly a
lottery. Ms. Roberts noted that it did
not appear that the Legislature was considering any other alternative revenue
sources and she asked if there were any other alternatives to consider from
other areas. Representative Allen
explained how there was consideration to shift the school line item to sales
tax. He explained how this formula was
discussed however there were enough provisions for the schools. The State did not need to make adjustments in
that area as was considered with the property taxes.
Representative Allen stated
that if the new formula goes through for property on the homestead side, all
taxes would decrease. He affirmed to the
City Attorney that schools would not be exempted. Representative Allen continued with his
response saying that there was no quantifiable way to identify Internet sales
taxes as a secure budget stream.
Representative Allen responded to Ms. Roberts in conclusion that lottery
ebbs and flows as a budget stream. He
also reported on how theft occurred in the Lottery fund between 1987 and
1995. Representative Ken Pruitt
instituted the Truth in Lottery Act, which resulted in increased School
funding.
Mr. Nicholas asked why
there was a Sales Tax Holiday if the money from Sales Tax decreased. Representative Allen explained how there was
more retail activity due to the Sales Tax holiday. Mr. Nicholas stated how the retail industry
had no incentive to decrease prices due to the 6 percent decrease that occurred
with a Sales Tax Holiday. Mr. Nicholas
questioned shifting the property tax to sales tax and he stated that his
property tax was deductible on income tax however sales tax was not. Mr. Nicholas also pointed out the difference
in the impact of Sales Tax to the average consumer for services. Representative Allen informed that Sales Tax
was also deductible since
Mr. Petsos commended
Representative Allen as a pro-consumer legislator. Mr. Petsos questioned the status of the
salinization plant. Representative Allen
stated that the project was moving forward.
He reviewed some potential sites between sessions. Representative Allen informed that next year
was his final in the House on the Environmental Committee. He was working with the Governor backing that
as part of the watershed supply and Senator Mel Martinez had obtained
authorization on the Bill that authorized the Department of Energy to
co-sponsor that plant.
Mayor Pro Tem Hoog
commended Representative Allen on his Legislative work. Mayor Pro Tem Hoog stated that he would not
desire to see a rollback to 2001. He
also stated that he would like to see the school taxes go to the State, which
would provide relief to the citizen.
Mayor Randels stated that “inequity” appeared to be the word that
divided the communities over amount paid on residential taxes and
“predictability” was another word for the person who needed to know what they
were required to pay. Mayor Randels
stated however that he did not see the difference in shifting the property
taxes to sales taxes.
Mr. Norm Moody reporter for
Florida Today, posed the question how some of the leaders do not understand
what is occurring in
Ms. Ruth Anders questioned
the State gasoline taxes. Representative
Allen explained how the State gasoline taxes were placed in the Transportation
Trust Fund for road building and maintenance.
He explained how the Trust Funds were now protected. Representative Allen explained how Governor
Jeb Bush used the Trust Funds in a collapse and sweep strategy that would
collapse the Trust Funds and sweep them into the General Fund under his
control. He stated that Governor Charlie
Crist did not follow that principle and he planned to veto certain Trust Fund
raiding. Representative Allen explained
how capping funds that reached certain levels followed the collapse and sweep
strategy. He related on the result of
discussion that ended in not privatized toll roads once considering the
possibility of roads assumed by hostile foreign nationals.
Representative Allen
replied to Mr. Nicholas that he voted no on the Bill in the House related to a
Statewide casino gambling referendum. He
stated that
CONSENT AGENDA:
1. City Council Regular
Meeting Minutes of May 1, 2007
Mayor Randels asked if any
Council member, staff or interested party desired to remove any of the Consent
Agenda items for discussion.
Mr. Petsos referred to a
sentence on page 11 that read, “Mayor Randels stated that those operating in
the R-1, R-2, and R-3 would be grandfathered in and resort dwellings would be a
principle use in the C-1 zoning.” Mayor Randels responded that this item was subject
however to the Planning and Zoning Board for further recommendations. Mr.
Petsos noted that further discussion later in the minutes stated that the
actual desire was toward amortization. Mayor Randels requested to strike the
statement related to grandfathering in the Resort Dwelling property on page
11. Ms. Roberts referred to page 14 and
expressed her concern on the number of Items that the City Attorney summarized
to present to the Planning and Zoning Board for discussion related to the
Resort Dwellings item. She said that the
Minutes reflected three items; however, she thought there were five items. Attorney Garganese replied that he thought
there were three items; however, he did not have his letter in front of
him. Mayor Randels suggested Tabling the
Approval of the City Council Minutes of May 1st until the next
scheduled meeting in order to clarify these questions on those minutes.
A motion was made by Mayor Randels and seconded by Mr. Nicholas to
Table the City Council Regular Meeting Minutes of May 1, 2007. 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.
CONSIDERATIONS:
2. Motion to Approve:
Quarterly Budget Report and Transfers for the Second Quarter Ending
March 31, 2007.
Mayor Randels stated that the
City completed half of the Budget year.
Ms. Bowers reported that Property Appraisals were 5 percent down. She stated that all of the Building Revenues
were on target. However, State Revenues
were down slightly, she would continue to monitor them. Ms. Bowers reported that Fines and
Forfeitures increased. She informed that
she removed the Fire Trust Funds; however, they would remain for upcoming Fire
Safety needs. Ms. Bowers stated that the City incurred higher property
insurance in the General Insurance account.
She informed of two new accounts in Recreation for revenue and
expenditures due to the increased activities. Ms. Bowers concluded that overall
the City was performing well financially.
Mayor Randels made note of how
the City’s insurance increased from $1,925 to $4,450. Ms. Bowers informed that the Library’s
property insurance was not affected as much as the others. Mayor Randels also made note of the $37,000
needed for the Florida Department of Environmental Protection permit for the
Wastewater Treatment Plant that occurs every five years. Ms. Bowers replied to Mr. Petsos that Mr.
Bandish had a different management style from the preceding Director. Mr. Bandish concluded that some of the items
were budgeted too low in the previous year and he stated that they could wait
another year to address those items.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Quarterly Budget Report and Transfers for the Second Quarter Ending
March 31, 2007. 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.
3. Motion to Approve:
Request to Waive Building Permit Fees for
Mayor Randels stated that he
submitted this item for discussion of a home that was left in a Trust Fund for
charities. He referred to an article in
Florida Today that informed of how contractors were cleaning up the
property. Mayor Randels brought this
item to the Council to consider waiving the permit fees, which could result in
an amount from zero to $225.00. The sale
of the property was intended for several local charities. Mayor Pro Tem Hoog stated that he had no
problem with waiving the fees as long as the property proceeds go to
charity. Mayor Randels affirmed that the
real estate company would not receive a commission from the property sale. Mr. Nicholas asked if the City was waiving
the permit fees only, noting that inspections would still be performed. Todd Morley, Building Official, pointed out
that he met with the General Contractor for this job and the regulated trade
work would not exceed the windows, doors, and roof. Mr. Morley requested that the Council limit
the fee permit waiver to one permit to cover those items.
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve
the Request to
4. Motion to Approve:
Proposal for a Beach Cleaning Pilot Study from Olsen Associates, Inc.
Mr. Boucher distributed updated
information to the Council related to decreased pricing and the two locations
in the community. He pointed out that
the equipment would have a difficult time if used in the City’s north area. Mr. Boucher reported on the results of his
and Chuck Bilias’, City Manager of Cocoa Beach, visit to
Ms. Roberts asked where the
machine would be stored. Mr. Boucher
replied in
Mayor Pro Tem Hoog asked who
was liable if a violation was found. Mr.
Boucher replied that any violations would be included in the data report. He also explained how all safeguards and
training would be in place prior to any operation. He stated that Olsen Associates were chosen
due to their familiarity with the City’s beach and the group would work
diligently toward precautionary measures.
Mr. Boucher informed that they had to affirm for the Florida Department
of Environmental Protection that they could perform the cleaning and perform it
safely. Ms. Roberts asked if this were
something that the Council desired to consider because of the turtles and her
previous concerns. Mr. Boucher replied
to Ms. Roberts that previous feedback from the Council led to seeking a
beach-cleaning machine to use year round.
Mayor Pro Tem Hoog affirmed that the Council did tell the City Manager
to proceed and the machine does a good job.
Ms. Roberts stated that she did
not recall the Council Meeting giving the decision to proceed and she was
anticipating more data before proceeding.
She stated that when the community became aware of it, they did express
their concerns. Ms. Roberts expressed
the hope of gaining data that informs on the noise and the natural
vegetation. She asked to add these
concerns to the requirements. Ms.
Roberts stated that the machine she witnessed was noisy. Mr. Boucher stated that feedback would be
solicited from everyone, residents and those using the beach, during the pilot
program. Ms. Roberts recommended a broader
scope.
Mayor Randels made note that
Mr. Don George, Company Owner was the permit holder for most of the shoreline
and it appeared that he took responsibility for the equipment during the
project. Mr. Petsos expressed his
concern with the costs such as $36,500 just for the study and then the
subsequent equipment and labor in light of Legislative action timing. Secondly, Mr. Petsos pointed out that the
costs be divided among: the City,
No Action was Taken on This Item.
5. Motion to Approve:
Cooperative Purchase of Financial Software License and Service, and
Maintenance Agreements.
Ms. Bowers explained how the
Finance Department’s software was outdated.
She used several examples related to convey the inefficiency of the
existing software, which was also not Government Accounting Standards Board 34
compliant. She informed how she reviewed
software for some time and stated that the Software was presented to her
through the Florida League of Cities and was also recommended by their
Technology department. Ms. Bowers
informed that the Software used an SQL, Relational Database that was user
friendly. Ms. Bowers also informed that
with a three person staff, the software would be an added benefit to their
processes. She added a Human Resources
module and a Time and Recordkeeping module for an electronic Payroll
process. Ms. Bowers also added a Point
of Sale & Purchase module that would streamline cash reporting as well as
assist should the Building Department location vary from proximity to
Administration. Ms. Bowers explained how
she created spreadsheets to assist with current Accounts Payable and Bank
Reconciliations processes. Ms. Bowers also
informed that each department would perform their purchasing online for a
streamlined approval process.
Mr. Petsos asked if there were
any other communities of
Mayor Pro Tem Hoog expressed
his concern with the costs and hoped that there would not be changes within the
next ten years. However, Mayor Pro Tem
Hoog stated that in the essence of saving time for the Finance Department as
well as benefiting the City overall he was in favor. Ms. Bowers replied to Mr. Petsos that the
travel time was projected. She explained
how she intended to send her data to the Company. Mr. Nicholas asked if there was any local
representation. Ms. Bowers replied to
Mr. Nicholas that the firm opened an office in
Ms. Roberts had questioned the
Support Time hours, which were in Central Time; however, the hours did conflict
with the times the City was in operation. Ms. Roberts asked for the record why
a Request for Proposal was not chosen.
Ms. Bowers replied that time was of the essence and as she reviewed the
different software packages she found them incomparable. Some of their accounting processes led to a
result but by way of a labor-intensive process.
Ms. Bowers explained how the reports were related to Excel and therefore
easy to operate. She informed that City
staff was given a demonstration of the product with favorable remarks. Ms. Bowers replied to Mr. Petsos that Mr.
Keith Shook of N’Sync Data Systems gave the software a favorable
recommendation.
Ms. Bowers noted she gave the
Contract to the City Attorney for review of legal form. Attorney Garganese stated that he did review
the contract with some changes pending Council’s approval. Ms. Roberts clarified that this would be
operational with a goal of October 1st. Ms. Bowers affirmed. Ms. Roberts said that the City could do this
as an exercise to ensure that it has developed a scope broad for management
analysis. Ms. Bowers replied that each
Module comes with a report validation system.
Mr. Petsos asked about the
comparison on the rate of return. Ms.
Bowers stated that the IMS software was in place prior to her tenure, which was
ten years ago. She stated this software
was an investment; however, the purchase would prove beneficial. Ms. Bowers replied that there was a list of
the modules on Page 49, Attachment A of the Agreement. Mr. Petsos asked if the company was
bonded. Ms. Bowers replied that the
company was bonded and there was a structured security hierarchy level of
access. Mr. Petsos commented that the only
modules that could be put off were not cost effective enough for delay. Ms. Bowers replied to Mr. Petsos that the
funds were budgeted; however, not enough, therefore some of the funding would
come from the Contingency Fund.
Mayor Randels concluded that
the City currently used written timekeeping procedures and he also made note
that one of the modules related to Human Resources recordkeeping. He stated that the Software would provide a
great benefit. Attorney Garganese stated that the purchase was subject to
finalizing the contract documents. He stated that liability exposure and the
jurisdiction disputes that were permitted in
A motion was made by Mayor Randels and seconded by Ms. Roberts to
Approve the Cooperative Purchase of Financial Software License and Service and
Maintenance Agreements Subject to the City Attorney’s Revisions to the
Contract. 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.
6. Motion to Approve: Award of Bid No. 07-01; Construction of
the Wastewater Lift Station No. 1, Force Main Replacement to the Low Bidder
Expertech Network Installation, Inc. in the Amount of $644,168.95.
Mr.
Bandish explained that this Force Main extended from
Mayor
Randels noted that the City went out for bid on the project in the previous
year; however, only one bid was submitted and it was over budget. He stated that this project received five
bids and the lowest pricing came in at $644,168.95. Ms. Roberts asked about Expertech’s
experience in other places. Mr. Steve
Davies stated that he had extensive experience in other places as well as
unlimited bonding. Expertech was a $14
billion fully licensed company. Mayor
Randels asked if he planned to sub-contract any of the work. Mr. Davies replied that most of the work
would be performed in-house; however, the cutover called for an outside
contractor. Mr. Davies replied that the
project was timed at 240 days and no more than 400 feet was allowed open at one
time. Mr. Bandish stated that after a
Notice to Proceed, a Pre-Construction Meeting would occur to establish the
timeline.
Mr.
Davies stated that a jack and boor would occur under State Road A1A with little
traffic obstruction and he affirmed for Ms. Roberts that the work would occur
during the daytime. Mayor Pro Tem Hoog
questioned for clarification that jack and boor would occur at
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve the Award of Bid No. 07-01; Construction of
the Wastewater Lift Station No. 1, Force Main Replacement to the Low Bidder
Expertech Network Installation, Inc. in the Amount of $644,168.95. 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.
RESOLUTIONS:
7. Motion to Adopt: Resolution No. 2007-14; Approving the Final
Replat of “Beach Breeze.”
Mayor
Randels stated for the record that the item was the Final Replat for Beach
Breeze and he made note to strike Townhomes as was written on the Agenda. The Resolution would also state that Ms.
Shoemaker’s first name was spelled Stacy.
Ms. Shoemaker reiterated that there would not be nine units on the
property.
A motion was made by Mayor Pro Tem Hoog and
seconded by Mr. Petsos to Adopt Resolution No. 2007-14; Approving the Final
Replat of Beach Breeze. 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.
8. Motion to Adopt: Resolution No. 2007-15; Approving the Final
Replat of “Laws Townhomes.”
Mayor
Pro Tem Hoog disclosed that he would file a Conflict of Interest Form with the
City Clerk due to his financial interest in the project as the Electrical
Contractor. Mayor Randels made note of
an 8-foot public utility easement as the City usually requires 5-feet. The project site was
A motion was made by Ms. Roberts and
seconded by Mr. Petsos to Adopt Resolution No. 2007-15; Approving the Final
Replat of Law Townhomes. The
vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, Abstain; Mr. Nicholas,
For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
DISCUSSION:
9. Financing of Future Facilities.
Mayor Pro Tem Hoog expressed that the electorate could decide which
manner they would chose for facilities financing. Mr. Petsos concurred. Mr. Nicholas stated that the City did not
have funding; however, something had to be done. He asked if the Council was looking at
pledging any of its current income sources or would the Council proceed to an
Ad Valorem tax to cover the costs. Mr.
Boucher replied that he provided research on the past Police and Fire Referendums;
however, they related to adding personnel or equipment. Mr. Boucher stated how his memo outlined the
results of different millage rates based on different scenarios. He replied that he could not answer Mr.
Nicholas’ question until he had data the Legislature’s actions related to the
property tax reform. Mr. Nicholas
questioned if the Council intended to break the questions related to the
facilities into three separate referendums.
Mayor Pro Tem Hoog responded that the City should have three individual
referendums and he was not in favor of an amount inclusive of all three
issues. Mr. Petsos expressed his
agreement with Mayor Pro Tem Hoog. Ms.
Roberts asked for the timeline on this issue since the Council was unsure of
the Legislatures intent.
Mr. Boucher responded that discussion was needed in order to obtain
language for a referendum ballot question in August. Ms. Bowers responded to Ms. Roberts that she
supported the referendum. Mr. Nicholas
stated that there was not enough funding from sources other than property taxes
to fund the facilities. Mayor Randels
summarized that the Council agreed: 1) to take the question to the voters in
the form of a Referendum, and 2) the Council’s agreement was for three separate
referendum questions. Mr. Nicholas
pointed out the need to promote the three individual questions. Mayor Pro Tem Hoog stated that supporting
presentations on each facility was essential.
Ms. Roberts expressed her disfavor with deciding at this point to
address either the individual or all three.
Mr. Nicholas stated that his disfavor with positioning one facility
against another. He concluded that the
need for the facilities was the bottom line.
Mayor Randels stated that the consideration would go to a referendum;
however, it was not decided if it would become one referendum or three
individual referendums.
Mayor Randels acknowledged the 10:00 P.M. hour and stated that a
consensus was needed to proceed with the meeting past that time.
A motion
was made by Mr. Nicholas and seconded by Ms. Roberts to continue the meeting
until 10:30 P.M. The Council agreed by
unanimous consent to proceed to 10:30 P.M.
Mr. Boucher explained that even with a successful referendum, nothing
could be done until 2008. Mr. Nicholas
inquired about the consensus on the bond interest rates. Mr. Boucher replied that with the League’s
program the City was looking at 4 to 4.5 percent, which was a savings since
they provided the closing costs. Mr.
Boucher asked if the Council desired for him to get a quote for a design,
permit, and site plan for all three or each separately. Council affirmed for
the City Manager to proceed with obtaining a separate cost on each facility.
10. Relocate
Existing Overhead Utilities within the
Mayor Pro Tem Hoog stated that a majority of the
people that he spoke to related to the
11. Preserving the City’s History.
Mr. Nicholas explained that this was inspired after a Florida League of
Cities dinner in the City of
12. Naming
the Recreation Complex after Nancy Hanson, Recreation Director.
Mayor Pro Tem Hoog expressed his favor in naming the complex after Ms.
Hanson and also expressed that perhaps a memorial, or a bust, and a memorial
garden could be added. Mr. Nicholas
referred to the exemplary article in Florida Today by Mr. Karasotis and he also
requested a dignified memorial. Mr.
Petsos requested to have the Recreation Board discuss ideas for a
memorial. Mr. Nicholas asked if Mr.
Karasotis’ article could be reproduced for permanent placement at the
REPORTS:
1. City Manager
·
Mr.
Boucher informed that the Resort
Dwellings issue might escalate due to the recent State inspections at
·
Mr.
Boucher reported that staff was developing a minimal budget due to the property
tax reform. Mr. Boucher related that the
City Manager’s met and their discussion brought out the practical use of Law
Enforcement. Mayor Pro Tem Hoog
expressed how he would not want to loose the School Resource Officer.
2. Staff
City Treasurer
·
No
report.
Acting Recreation Director
·
No
report.
Building Official
·
No
report.
City Clerk
·
No
report.
City Attorney
·
Attorney
Garganese observed that in the two previous years the State of
·
Attorney
Garganese stated that the City and
County issues were not fully covered in the media.
·
Attorney
Garganese informed that the Florida
League of Cities the City’s insurance carrier reached a settlement agreement in the Haas litigation for $20,000 and
a full release. He stated the League had
the right to settle the matter and if there were no objections from the
Council, the League would proceed.
AUDIENCE
TO BE HEARD:
·
Ms.
Ruth Anders presented the Council a final copy of the speech that she intended
to give the Board of Adjustment. She
stated that in the previous week the Board of Adjustment meeting was
postponed. Ms. Anders attempted to make
a statement and a question to the Board; however, the Chair adjourned the
meeting. Ms. Anders stated that citizens
were unaware that Coastal Fuels had
filed a second application in late August for two additional tanks.
Ms. Anders also stated that their Attorney wrote to the City’s Attorney
asking that it be held in abeyance for 60 days, which would have expired in
November. Ms. Anders stated that her
group had no other Administrative manner except to approach the Board to ask if
Coastal Fuels had standing to sue. Ms.
Anders questioned if Coastal Fuels had a right to their Appeal. She stated that she believed they did not
take advantage of their Administrative remedies, they also exhausted their
Administrative remedies, and residents were denied their Constitutional right
since the Appeal was held in Abeyance.
Coastal Fuels also did not act in good faith and for these reasons
Coastal Fuels did not have a grandfathered-in right. Ms. Anders stated that her committee was
seeking an Administrative forum to express this argument. She requested to address the Council at its
next scheduled meeting. Mr. Nicholas
stated that if the Appeal was made to a decision of the Board of Adjustment,
then she had the right to be heard. Ms.
Anders replied the Special Exception had been repealed; however, Mr. Morley was
responding to Coastal Fuels as if the Special Exception was still in existence
and it had been repealed. Ms. Anders
provided the Council her argument in final form.
·
Mr.
Gerald Schmidt of
3. City Council
·
Council member reports were deferred until the next
City Council meeting.
ADJOURNMENT:
Due the late hour, the Chair
adjourned the meeting at 11:10 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK