xxx xxx xxx Mayor Tulley read the public speaking procedures for the meeting. xxx

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1 1 City Council Regular Meeting November 8, 2011 The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, November 8, Mayor Jim Tulley called the meeting to order at 6:40 p.m. Present were Mayor Jim Tulley, Vice-Mayor Walt Johnson and Members Kathleen Burson, Martha Long and Rita Pritchett. Also in attendance were City Manager Mark Ryan, City Attorney Richard Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Pastor Jeremy Coppock of Hope Community Fellowship was present to give the invocation. Mayor Tulley led those present in the Pledge of Allegiance to the Flag. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Member Burson moved to approve the minutes of the regular City Council meeting on October 25, 2011 (5:30 p.m.) as submitted. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS Florida Power & Light Company (FPL) Sandy Sanderson - Sandy Sanderson, representative of Florida Power & Light Company (FPL), provided an update on FPL and highlighted several initiatives that may impact FPL s customers. The update was followed by a request for input from the City Council on any issues, problems, or concerns. Mayor Tulley asked what the relative cost to produce electricity, particularly by wind and solar in other electricity production facilities in other parts of the country compare to

2 fossil and nuclear fuel facilities in Florida and did those facilities have any effect on the electric bills in Florida. Mr. Sanderson advised Florida did not lend itself to generating power with wind. The only place that generated enough wind that was marginally acceptable was right along the coast and there was a lot of resistance to putting up windmills along the coast. He stated Florida was committed to power from solar. From data FPL received, power generated by wind would be marginally productive in Florida compared to other parts of the country. Mr. Sanderson advised he was not prepared to answer questions on cost at that time. Vice-Mayor Johnson advised he had not heard of any complaints recently to relay to Mr. Sanderson. Previously, there were complaints regarding power outages, but due to FPL hardening their infrastructure, power outages were rare. Mr. Anderson advised after the storms in 2006, FPL began to build to the National Electric Code Safety Extreme Levels. Previously, they built to sustain winds up to 119 mph and were now building to sustain winds up to 139 mph. FPL went back and did retrofit on their existing infrastructure starting with the critical infrastructure first. FPL inspected the wooden poles for rotting. Nine thousand wood poles with problems were replaced, the main power lines were strengthened, new techniques for line clearing were implemented, and FPL would be upgrading communications with elected officials. Member Long expressed concern with the increased number of electrical surges and with the power poles that were cut off and left in the ground, particularly on Tropic Street. Mr. Anderson clarified it was probably the protective circuitry functioning or possibly the lines needed to be cleared. The cut off poles were left in the ground until other utilities could remove their lines from the poles. He advised that he would go out and look at the trees and cut off poles on Tropic Street to see if the trees needed to be trimmed and whether the poles were ready to be removed. Member Long asked who citizens would contact to request having their street lights turned off. Mr. Anderson advised due to safely reasons, FPL would not just turn off streetlights. FPL was sensitive to certain situations, but had to balance those situations with safety issues. Depending on the type of lights and the situation, safety shields might be placed on the lights. Member Burson asked whether safety shields were available and whether dark sky fixtures were currently being used. Mr. Anderson advised FPL was currently working with customers who have requested dark sky fixtures. He asked for specific areas that might need shields on the streetlights be provided to him and FPL would research to provide options for those areas. 2

3 BOARDS AND COMMISSIONS North Brevard Library District Board Semi-Annual Report City Manager Ryan advised the North Brevard Library District Board submitted a written report only. Member Long moved to accept the North Brevard Library Board Semi-Annual report as written. Member Pritchett seconded the motion. The motion carried unanimously. Planning and Zoning Commission City Manager Ryan advised the recommended action was to accept the resignation of regular member Robert Messer effective October 18, 2011, with a term to expire on January 31, In addition, staff requested Council appoint one (1) regular member for an unexpired term to expire on January 31, Gwendolyn Helmintoller currently served as an alternate member with a term to expire on January 31, She expressed her willingness and desire to serve on the board as a regular member. There was one application on file for consideration. Mr. Louis DeFrancesco expressed his willingness and desire to serve on the board. His application was included in the agenda packet. Member Long moved to accept Robert Messer s resignation effective October 18, 2011 with regrets. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. Member Long advised due to the action of Deborah Petyk being appointed to the Historic Preservation Board she would no longer be serving on the Planning and Zoning Commission. She asked for clarification whether Deborah Petyk s resignation was effective at that time. City Manager Ryan advised Deborah Petyk s resignation was effective following her appointment to the Historic Preservation Board. Member Long moved to appoint Alternate Member Gwendolyn Helmintoller as a regular member to an unexpired term to expire on January 31, 2012 and appoint Louis DeFrancesco as an alternate member to an unexpired term to expire on January 31, Member Pritchett seconded the motion. The motion carried unanimously. 3

4 Titusville Environmental Commission Tree Planting Plan City Manager Ryan advised included in the agenda packet was the Titusville Environmental Commission Tree Planting Plan. Staff was asking Council to provide direction regarding the pursuance of the Urban and Community Forestry Grant. Member Long moved to approve the Commission Tree Planting Plan as written. Member Pritchett seconded the motion. Member Burson advised she could contribute ideas for the Titusville Environmental Commission Tree Planting Plan, but stated she felt the initial plan was good. Planner Afi Fancon clarified the Titusville Environmental Commission (TEC) was seeking the Urban and Community Forestry Grant to perform an inventory of trees on public lands and that matching grants would have to be provided. She also advised the grant did not require a plan. Staff was seeking direction on whether to pursue the Urban and Community Forestry Grant. Staff would then report back to Council with how the matching funds would be obtained. Member Long modified her motion to direct staff to pursue the Urban and Community Forestry Grant using the Titusville Environmental Commission Tree Planting Plan as written. Member Pritchett s seconded held. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Curt Leady stated he had concern with Ordinance No that was on the agenda for first reading. He recommended that Council extend the moratorium on the collection of transportation impact fees from residential or commercial projects for two (2) years before the second reading of the ordinance. This action would send a positive statement to the economic community. Mr. Leady asked Council to consider non-profit organizations having a reduction in fees or no fees and pay only advertising costs as it related to transportation impact fees. Earl Johnson stated he spoke with Customer Service regarding his water bill and water meter. He expressed concern that his water bill had never been as high as it was at that time and that his water meter was so scratched, he did not understand how the meter could be read. He advised the City did change his water meter. Member Long moved to allow Earl Johnson an additional two (2) minutes to speak. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. 4

5 Earl Johnson advised again that he spoke to Customer Service regarding his concern over his high water bill and stated that he was treated very badly and hoped other citizens were not treated this way by the City. City Manager Ryan requested Earl Johnson contact Support Services Director Tom Abate to discuss his concerns. Member Pritchett requested a copy of the City s policy on the replacement of water meters. CONSENT AGENDA Member Long moved to approve Consent Agenda Item A in accordance with recommendations upon reading. Vice-Mayor Johnson seconded the motion. Consent Agenda was read as followed by City Manager Ryan. A. Award of Contract State Traffic Signal Repairs - Approve award of contract for Bid No. 11-B-046 in the amount of $32,180 to Traffic Control Devices Inc. of Altamonte Springs, FL for the requested repairs to Florida Department of Transportation (FDOT) traffic signals under maintenance agreement with the City of Titusville and authorize the City Manager to execute the contract. Additionally approve associated budget amendment to cover cost of project. The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Ordinance No Imposing and Enacting a Moratorium on the Issuance of Business Tax Receipts for Internet Cafés and/or Electronic Gaming Establishments City Attorney Broome read ORDINANCE NO , FLORIDA, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, IMPOSING AND ENACTING A MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR INTERNET CAFÉS AND/OR ELECTRONIC GAMING ESTABLISHMENTS WITHIN THE CITY LIMITS OF THE CITY OF TITUSVILLE; MAKING CERTAIN FINDINGS; ESTABLISHING A MORATORIUM FOR ONE HUNDRED EIGHTY (180) DAYS IN ORDER TO PROVIDE THE CITY AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING SAID ACTIVITIES; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. 5

6 City Manager Ryan stated the City Attorney s Office advised the City Council of the proliferation of internet cafés and/or electronic gaming establishments within the city limits of the City of Titusville. Council was advised of the efforts being made by other jurisdictions to either limit or control the activities. Staff recommended and advised that the City impose a moratorium on the issuance of new Business Tax Receipts for said activities for a period of 180 days in order for the City staff and City Attorney s Office to complete a review of that issue and make recommendations to the City Council. Other jurisdictions had imposed moratoriums and/or enacted recent regulations regulating the location of said activities limiting the number of locations within their jurisdiction, imposing permitting requirements and/or attempting to prohibit said activities. In order for the City Attorney s Office and staff to complete a review, staff recommended a moratorium be enacted in the interim as proposed. Member Burson asked for clarification whether the proposed moratorium affected the renewal of Business Tax Receipts. City Manager Ryan advised the moratorium would not affect the renewal of Business Tax Receipts. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. Member Long moved to approve Ordinance No as recommended. Vice-Mayor Johnson seconded the motion. The roll call was: Member Pritchett Yes Vice-Mayor Johnson Yes Mayor Tulley Yes Member Long Yes Member Burson Yes The motion carried unanimously. Mayor Tulley requested staff educate the Council on what was legally allowed in the operation of internet cafés. City Manager Ryan advised staff would provide the information requested by Mayor Tulley regarding the operation of internet café s. ORDINANCES-FIRST READING Ordinance No Impact Fee Moratorium Extension 6

7 City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE AMENDING ORDINANCE NO BY EXTENDING THE SUNSET PROVISION OF SAID ORDINANCE WHICH ESTABLISHED A MORATORIUM (DEFERMENT) ON THE COLLECTION OF TRANSPORTATION IMPACT FEES FROM RESIDENTIAL OR COMMERCIAL PROJECTS IMPOSED PURSUANT TO SECTION OF THE LAND DEVELOPMENT REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. City Manager Ryan advised impact fees were collected by Brevard County by the County s Rules and Regulations and the City had to mirror image the County. Not knowing what the County Commission would do with that issue was the reasoning for the moratorium. Mayor Tulley asked for clarification if the County chose to do away with their moratorium, what it would mean for the City. Building and Engineering Services Director Woody Rice clarified; originally, the City did not pass the moratorium at the same time as the County. That meant the City had to collect the impact fees internally as the County was no longer collecting them. If the City would desire to take an independent action from the County, they would be capable of collecting the impact fees internally as done previously. Ordinance No Repealing Section 2-54 Resign to Run City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY REPEALING SECTION 2-54 RESIGN TO RUN REQUIREMENT ; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. OLD BUSINESS Medical Plan for Medicare Eligible Retirees RFP # 11-P004 - City Manager Ryan advised John Robinson with Robinson Bush would provide a powerpoint presentation on the Medicare Bid Process. Mr. Robinson highlighted as followed: 2012 Health Plan RFP For Medicare Retiree Coverage RFP Objective RFP Approach RFP Timeline Plan Comparison General Plan Comparison Medical 7

8 Plan comparison Prescription Drugs Medicare Eligible Retiree Recommendations City Cost Comparison Retiree Only Tier Retiree Cost Comparison Spouse Tier Monthly Premium Retiree Coverage Next Steps for Questions and Comments Mayor Tulley asked what the cost of the RFP was to the City and how much the RFP saved the City. Mr. Robinson advised the cost to the City was $10,000 and had saved the City $2,000 to $3,000. Mayor Tulley thanked Mr. Robinson for his efforts. Vice-Mayor Johnson advised last year Etna did not have an agreement with Parrish Medical Center (PMC) and asked whether that was resolved. Mr. Robinson advised Etna was now on the PMC network. Human Resources Director Joe Denaro advised no problems were expected with PMC. A booklet for the retirees would be available with names of the doctors in that network. Member Pritchett moved to approve award of contract to Aetna Advantage Group sponsored PPO Plan and prescription drug plan, and authorize the City Manager to execute all the necessary instruments to implement such plan as recommended. Member Long seconded the motion. The motion carried unanimously. NEW BUSINESS Resolution No Recommending Approval of Intellifuel Systems Inc. a Qualified Brownfield Business and Waiver of Local Financial Support - City Manager Ryan introduced Mr. Rick Evans of Intellifuel Systems Inc. and advised Intellifuel Systems Inc. would submit an application for a Qualified Targeted Industry Tax Refund through Enterprise Florida. Businesses who qualified for the tax refund must get a 20% local match through the local government; however, the program allowed local governments to request a waiver or use other forms of incentive as the local match for the project. Included in the resolution was the local exemption for the $500 per job tax credit for developing in a Brownfield area. State statute allowed for local governments to opt out of that exemption through resolution on a per project basis. The assistance negotiated with Intellifuel Systems Inc. did not include that tax credit; therefore, by passing that resolution, Council would exercise the City s right to opt out on that project. 8

9 Vice-Mayor Johnson moved to approve Resolution No Recommending approval of Intellifuel Systems Inc. a Qualified Brownfield Business and Waiver of Local Financial Support as recommended. Member Burson seconded the motion. The roll call was: The motion carried unanimously. Vice-Mayor Johnson Yes Mayor Tulley Yes Member Long Yes Member Burson Yes Member Pritchett Yes PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORTS Mayor James H. Tulley, Jr. Report Mayor Tulley provided a written report. Mayor Tulley advised he attended the Greater Titusville Renaissance (GTR) general meeting on October 26, The GRT website and facebook was up, running, and making considerable progress. Mayor Tulley advised he attended the Congress of Regional Leaders in Orlando, Florida on November 4, The leaders discussed the happenings in and the growth of Orlando through the Central Florida Partnership. He advised there were three (3) working groups with Brevard County Representation; 1) Access on Capital; 2) Streamlining permitting and licensing; and 3) Transactional. Economic Development Commission of Florida Space Coast Mayor Jim Tulley Mayor Tulley advised he attended the Economic Development Commission meeting held on October 27, He advised an award was presented to Dr. Al Coaler, a Titusville resident, for the educational work he did at Kennedy Space Center. 9

10 Titusville Area Chamber of Commerce Vice-Mayor Walt Johnson Vice-Mayor Walt Johnson advised the Titusville Area Chamber of Commerce did not have their regular scheduled meeting on October 26, 2011 so there would be no report. North Brevard County Hospital District Board Council Member Martha Long Member Long advised she attended the North Brevard County Hospital District Board meeting on November 7, 2011 and that it was her last meeting on that board. There was nothing to report. She stated that Parrish Medical Center was one of Titusville s proudest institutes and they did a fabulous job. CITY MANAGER S REPORT City Manager s Report - City Manager Ryan submitted his written report and highlighted the following action items Strategic Planning Process At the October 25, 2011 City Council meeting, staff initiated discussions with the City Council regarding the FY 2013 Strategic Planning Process. The City Council expressed a desire to utilize the prior year s process of three workshops: one with the citizens, one with the Executive Leadership Team and one for the City Council to discuss and develop a final Strategic Plan for FY City Council supported the concept of the first two workshops occurring on a Saturday and the third and final workshop occurring during the week. Ms. Marilyn Crotty, the facilitator for the meeting, provided available dates for Councils consideration for those meetings. She was available all Saturdays in January 2012 for the proposed Saturday meetings. She was not available January 18, 19, and 20, 2012 for the proposed evening weekday meetings. She would also be unavailable on February 15, 16, 23 or 25, Discussion ensued on dates for the meetings. Consensus of Council was to hold the first meeting with the citizens on January 14, 2012 and the second meeting with the Executive Leadership Team on February 4, Following the February 4, 2012 meeting, Council would determine the date for the last meeting that would be held for the City Council to discuss and develop a final Strategic Plan for FY City Manager Ryan advised at a previous City Council meeting, Council requested to have discussion on the format for the FY 2013 Strategic Planning Process. Council discussed the format for the meetings that included benchmarking, performance measures, input from citizens, performance of the council, whether goals were being met, have well defined goals, brainstorming effectively, hold a town meeting, etc. 10

11 City Manager Ryan would advise Ms. Crotty of Council s discussion on the format for the meetings and would provide recommendations from Ms. Crotty at the November 22, 2011 regular City Council meeting. Response to Citizen Request to Adjust the City s Variance Application Fees At the October 25, 2011 City Council meeting, Council heard from a citizen regarding the variance application fees required for a non-residential project on Park Avenue. The citizen expressed concern with the fees associated with a proposed variance. The City Council directed staff to examine that issue and provide background information. The variance application fee was $450 plus legal advertising (typically $150) for residential properties and $750 plus advertising (typically $150). For both applications, if more than one item was the subject of the variance application, there was an additional fee for each item. Building and Engineering Services Director Rice provided a historical perspective on that issue. In 2004, as a part of the City s cost recovery program various fees, including variance applications, were modified to twenty percent (20%) of the consultant s recommended fees. For residential properties, the variance fee increased from $150 to $323 plus the legal advertising fee. Non-residential properties fees increased from $200 to $393 plus the legal advertisement fee. In adoption of those fees at the twenty percent (20%) level, the intent was to increase each successive year until fully implementing the study s recommendations. From 2004 until 2009, no modifications were made to the fee structure for those items. In 2009, staff recommended implementing a flat fee of $750 plus advertising for all variances regardless of the zoning classification. At the public hearing for those fees, the City Council returned to a separate fee structure for residential properties, $450 plus legal advertising and $750 plus legal advertising for non-residential properties. A table that provided fees charged by other units of government was included in the agenda packet. Vice-Mayor Johnson stated the variance application fees at that time were a little high. He recommended modifying the fees for residential to $250 plus legal advertising plus $100 for additional items and all other properties to $500 plus legal advertising plus $100 for additional items. Member Burson recommended the residential variance fee be a small fee. If the variance was not approved, either partially or fully, the fee would be reimbursed. She stated everyone should have the right to ask for a variance even if that applicant had a hardship. Building and Engineering Services Director Rice clarified the variance application fees were to capture staff time. Most of the recommended fees were based on a cost recovery analysis study performed by a consultant in 2004 and again in

12 Member Long asked for City Manager Ryan s recommendations on the variance application fees. City Manager Ryan advised based on the dialog from the citizen regarding the variance application fees required for a non-residential project on Park Avenue, he recommended charging a flat fee of $300 plus legal advertising plus $100 for additional items for residential or commercial applications. Member Pritchett asked if Council approved a lower variance application fee, could the fee be raised in the future, if needed. City Manager Ryan suggested Council recommend a variance application fee and give advisability for staff to prepare the ordinance with a one (1) year sunset to allow Council to re-examine the ordinance. Vice-Mayor Johnson moved for staff to prepare an ordinance to change the fees for residential to $250 plus legal advertising plus $100 for additional items and all other properties to $500 plus legal advertising plus $100 for additional items. The ordinance would sunset in one year from the date the ordinance was adopted. Member Burson seconded the motion for discussion. Member Burson advised the variance application fees for non-profits was omitted and would those fees be the same as residential or less. Vice-Mayor Johnson stated he was open for discussion. Member Burson recommended charging fees for non-profit properties to $250 plus legal advertising plus $100 for additional items. Vice-Mayor Johnson amended his motion to include fees for non-profit properties to $250 plus legal advertising plus $100 for additional items. Member Burson s second held. The motion carried unanimously. Discussion of Planning and Zoning Board Request for Workshops City Manager Ryan advised at the October 25, 2011 City Council meeting, Council received a synopsis of the actions by the Planning and Zoning Commission (P&Z) from their October 19, 2011 meeting. Included in that summary was a listing of workshops the P&Z desired to hold. Those workshops were as followed: Design Guidelines for Miracle City Mall Changes to the Conservation Element of the Comprehensive Plan (Wetlands) Sea Level Rise 12

13 Comprehensive Changes to all Zoning Districts for Assisted Living Facilities Character Districts Citywide Medical Corridor North side of town Sustainability The City Council asked that this item be on the agenda for further discussion pertaining to those workshops, including whether to have any of the items discussed at a joint workshop with the Council. Mayor Tulley advised all the recommended workshop items stood out and needed to be worked on. If a joint workshop was proposed, he would recommend addressing the design guidelines for Miracle City Mall first. Discussion ensued on the P&Z s request for joint workshops and how to prioritize the recommended workshops. Mayor Tulley recommended P&Z provide their opinion of how they fit into the planning process during P&Z s next scheduled semi-annual report to Council. Member Long recommended P&Z focus on the design guidelines for Miracle City Mall as the first priority. When that project was finished, Council would then provide direction to P&Z to proceed with Council s next priority. Senior Planner Art Interiano advised staff did not have the time to devote to multiple workshops or projects that were outside any projects staff was already working on. Multiple workshops would require extra cost for staff s time and longer P&Z meetings that would require keeping the facilities open. He recommended P&Z provide an outline of recommendations to what they would like Council to review. A year long time line could also be provided of projects that were being worked on in order for Council to see what would need to be prioritized in order to devote the time to the workshops. Mayor Tulley asked City Attorney Broome to provide a copy of the ordinance that listed the functions of the P&Z to Council prior to the next regular City Council meeting on November 22, Consensus of Council was for P&Z to bring their recommendations back to the City Council at a regular City Council meeting and requested the P&Z focus on the design guidelines for the Miracle City Mall as their top priority. Deferment of Ordinance No (Proposed Alarm Ordinance) City Manager Ryan advised Ordinance No Proposed Regulations for Alarms was continued at the October 11, 2011 City Council meeting until the November 8, 2011 City Council Meeting. Staff requested a further continuance of that proposed ordinance 13

14 until the November 22, 2011 regular City Council Meeting to allow additional time to review possible amendments to the ordinance. Member Long moved to defer Ordinance No (Proposed Alarm Ordinance) to the regular City council meeting on November 22, 2011 to allow staff additional time to review possible amendments to the ordinance. Member Pritchett seconded the motion. The motion carried unanimously. Follow-up Discussion on Challenger Reef Proposal Council did not address the follow-up discussion on the Challenger Reef Proposal as it was addressed during the November 8, 2011 regular Community Redevelopment Agency meeting. City Manager Ryan highlighted the following information items: Informational Items Brevard County School Board Public Meeting on School Redistricting and Closures Staff would report back on the outcome of the Brevard County School Board public meeting at the regular City Council meeting on November 22, 2011 to seek direction from Council. Annual Organizational Meeting 2011 Titusville Christmas Parade December 10, 2011 Boards and Commissions Recognition Ceremony December 6, 2011 at La Cita Country Club Reminder to Citizens and Businesses of Solid Waste collection changes for Veteran s Day, Thanksgiving, Christmas and New Year s Holidays. City Manager Ryan advised in February 2011, Council approved to change the wireless data cards in the Police Department from Verizon Wireless to Sprint with the allocation of $22,000. Following the approval, there have been difficulties with the Sprint towers, which have caused trouble with the mobile data. Staff requested authorization to switch the Police Department wireless service from Sprint Solutions, Inc. back to Verizon Wireless, Inc. for the wireless data cards utilizing the funds previously approved at the February 8, 2011 regular City Council meeting. Vice-Mayor Johnson moved to approve authorization to switch the Police Department wireless service from Sprint Solutions, Inc. back to Verizon Wireless, Inc. for the wireless data cards utilizing the funds previously approved at the February 8,

15 regular City Council meeting as requested. Member Long seconded the motion. The motion carried unanimously. City Manager Ryan advised the Space Coast Economic Development Commission (SEDC) requested a joint workshop to discuss the next round of the agreement for the SEDC on Tuesday, November 29, 2011 at 5:30 p.m. Consensus from Council was to hold a joint workshop with the Space Coast Economic Development Commission on Tuesday, November 29, 2011 at 5:30 p.m. CITY ATTORNEY S REPORT City Attorney Report City Attorney Broome provided a report on the Westchester Fire Insurance Company vs. City of Brooksville and resulting Bond/Infrastructure Issues and highlighted as followed: Summary of Facts Failure of an Implied Condition Unreasonable Confiscation and Unreasonable Windfall No Damages Issues Options Other Considerations City Attorney Broome advised if Council chose to address Bond/Infrastructure issues, Council might want to consider modifying the code to give one more option to call the bond or vacate the plat. Discussion ensued Consensus of Council was to support implementing a process whereby the plat, or portions thereof, may be vacated at the City s option if infrastructure was not installed. Council also directed staff to revise the code to include a provision wherein if the required public improvements/infrastructure were not installed, the City could choose to call the bond, or vacate the approved plat or portions thereof in the event that development was initiated. In addition, Council supported the City requiring a developer to post bond whenever the developer intended to disturb public drainage facilities/infrastructure as part of his/her project. With no further business, the meeting adjourned at 9:25 p.m. 15

16 James H. Tulley, Jr., Mayor ATTEST: Wanda F. Wells, City Clerk 16