Agenda
Transcription
Agenda
Mayor WILLIAM CAPOTE Deputy Mayor KEN GREENE 120 Malabar Road, SE - Palm Bay, FL 32907 (321-952-3400) www.palmbayflorida.org Councilmembers KRISTINE ISNARDI MICHELE PACCIONE HARRY SANTIAGO JR. REGULAR COUNCIL MEETING NO. 2014-08 THURSDAY April 3, 2014 - 7:00 P.M. City Hall Council Chambers CALL TO ORDER: INVOCATION: Pastor Ken Delgado – The House, Palm Bay PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: 1. 2. 3. 4. 5. Four (4) vacancies on the Youth Advisory Board (represents students grades 9-12).++ One (1) vacancy on the Utilities Advisory Board (represents utility customer or resident).++ One (1) vacancy on the Building and Construction Advisory Board (represents general contractor).++ One (1) vacancy on the Recreation Advisory Board.++ One (1) vacancy on the Library Advisory Board.+ AGENDA REVISIONS: CONSENT AGENDA: There will be no separate discussion on those items listed under Consent Agenda (indicated with asterisks(*)). They will be enacted by the City Council on one motion. If discussion is desired by the City Council, that item will be removed from the Consent Agenda by Council and will be considered in the order that it appears on the agenda. RECOGNITIONS AND PROCLAMATIONS: 1. 2. 3. 4. 5. 6. 7. Recognizing employees for their years of service with the City of Palm Bay. Recognizing City employees for their assistance with the 2013 United Way Campaign. National Public Safety Telecommunications Week, April 13-19, 2014. Administrative Professionals Week – April 20-26, 2014. Arbor Day – April 25, 2014. Water Conservation Month – April 2014. DollarWise Month – April 2014. THIS MEETING IS BROADCAST LIVE ON THE CITY'S WEBSITE TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL. AND City of Palm Bay, Florida Regular Council Meeting No. 2014-08 Agenda - April 3, 2014 Page 2 of 3 PRESENTATIONS: 1. 2. Javier Molinares – development of park site to be known as ‘America’s Cultural Park’. a) Consideration of supporting the development of the park site. Yvonne McDonald, Finance Director – February 2014 financial report. DEPARTMENTAL REPORT: 1. Fire Department – update. ADOPTION OF MINUTES: * 1. Regular Council Meeting No. 2014-07; March 20, 2014. PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Public comments will be heard by the City Council on non-agenda issues. Speakers must complete ‘Public Comment Cards’ (orange) and are limited to 3 minutes each. PUBLIC HEARINGS: 1. Ordinance No. 2014-10, amending the Code of Ordinances, Chapter 185, Zoning Code, by establishing standards for the keeping of pigeons in single family residential zoning districts (Case No. T-1-2014, Space Coast Racers), for first reading. 2. Ordinance No. 2014-11, amending the Code of Ordinances, Chapter 185, Zoning Code, by creating and providing criteria for a new zoning district entitled PMU (Parkway Mixed Use District) (Case No. T-2-2014, Willard Palmer), for first reading. ♣3. Ordinance No. 2014-12, rezoning property located in the vicinity northwest of the intersection of Malabar Road and the Palm Bay Parkway from GU (General Use Holding District to PMU (Parkway Mixed Use District) (202.9 acres)(Case No. Z-3-2014, Willard Palmer), for first reading. 4. Request by Vacation Finance, LLC for approval of a final subdivision to be known as Palm Island on property located at the southwest corner of Malabar Road and Allison Drive (32.73 acres)(Case No. FS-1-2014)(RESCHEDULED TO P&Z – 04-02-13). PROCUREMENTS: Award of Bids: * 1. SHIP rehab projects – ITB Nos. 15-0-2014, 16-0-2014, 17-0-2014 – Growth Management Department (Smith Development & Construction; Armstrong Custom Homes, Inc. $103,947). Miscellaneous: * 1. Heavy equipment and truck parts, increased purchasing authority – Public Works (Kelly Ford, Inc. – additional $15,000; Maudin International Trucks – additional $20,000). * 2. Biosolids disposal and transportation, payment ratification – Utilities Department (H&H Liquid Sludge Disposal, Inc. - $51,110). THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE. City of Palm Bay, Florida Regular Council Meeting No. 2014-08 Agenda - April 3, 2014 Page 3 of 3 * 3. Other agency contract, network infrastructure (Department of Management Services contract) – Communications and Information Technology Department (CDW-G - $34,162). COUNCIL BUSINESS: NEW BUSINESS: (Ordinances are for first readings.) * 1. Ordinance No. 2014-13, amending the Code of Ordinances, by repealing Chapter 75, Dangerous Intersection Safety Act, in its entirety. * 2. Consideration of the overhire of entry-level firefighters. * 3. Consideration of the addition/reinstatement of certain positions; authorize procurement of a vehicle for the Deputy Fire Chief position. * 4. Consideration of the public service agencies to receive funding from the Fiscal Year 20142015 Community Development Block Grant Action Plan. * 5. Consideration of travel and training for specified City employees. * 6. Acknowledgement of the City’s monthly financial report for February 2014. 7. Consideration of councilmembers attending the 82nd Annual United States Conference of Mayors conference in Dallas, Texas, June 20-23, 2014. ADMINISTRATIVE AND LEGAL REPORTS: PUBLIC COMMENTS/RESPONSES: Speakers are limited to 3 minutes. ADJOURNMENT: ♣Quasi-judicial proceeding. Councilmembers who are members of the Space Coast Transportation Planning Organization (TPO) may discuss TPO issues which may subsequently be addressed by the TPO. If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS 286.0105). Such person must provide a method for recording the proceedings verbatim. In accordance with the Americans with Disabilities Act, persons needing special accommodations for this meeting shall, at least 48 hours prior to the meeting, contact the Office of the City Clerk at (321) 952-3414 or Florida Relay System at 711. THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE. P o t e n t ia l P a r k D e v e l o p m e n t P r o je c t C o u n c i l Me e t i n g A p r i l 3 , 2 0 14 A n id e a Community wanted a place to celebrate music, food and culture with family and friends 2 A n id e a 3 A n id e a 4 L a n d / S p a c e Ne e d e d 5 S t a ff R e c o m m e n d a t i o n Staff Recommendation: 20-50 acre site needed for America’s Cultural Park Idea 6 A n id e a 7 S o u t h Ea s t C o m m u n it y P a r k S it e South East Community Park – Bill Madden Park 2860 Eldron Blvd SE Palm Bay, FL 32909 • Already a Park that was supposed to be further developed Potential for all sorts of amenities on the site: o Pavilion with stage for music o Path system o Soccer Field o Room for Parking o Fishing Pier 8 P r e v io u s Co n ce p t u a l P la n 9 R A B Me e t i n g - Ma r c h • Staff brought the presentation and idea to the RAB • At the meeting two local residents attended and were supportive 10 Ne x t S t e p s • Staff will continue to look into the Park Development – Community Meetings will be held – Grant Funding Opportunities Explored – Possible written partnership/agreement with Javier’s group who will solicit private funding 11 Q u e s t io n s / C o m m e n t s Heidi Lapin Director of Parks & Recreation 321-953-8912 [email protected] 12 FY 2013/2014 FINANCIAL UPDATE February 28, 2014 GENERAL FUND MAJOR REVENUES ACTUAL & BUDGETARY COMPARISONS 2 FY 13 YTD Actual *LocalOption Gas Charges for Svcs *StateShared Rev Interf Transf & Otr Sources *Comm Svc Tax $623,665 $629,340 $1,017,636 $1,012,662 $2,884,029 $705,043 $774,255 $3,531,973 $2,626,298 $572,034 $4,147,823 $957,370 $775,869 $3,185,818 $1,167,415 $1,206,925 *Half Cent Sales Taxes $1,260,637 $1,308,137 Ad Valorem Taxes FY 14 Budget $3,506,071 **FranchiseFees **Utility Taxes FY 14 YTD Actual $4,883,798 $1,883,852 $2,083,287 $5,281,011 $7,712,620 $18,784,342 $18,760,885 $21,960,744 GENERAL FUND DEPARTMENT EXPENDITURES ACTUAL & BUDGETARY COMPARISONS 3 FY 14 Actual FY 13 Actual HR $140,328 $159,611 $443,018 Legislative $179,502 $230,870 $543,153 Growth… $200,047 $222,446 $584,845 CityAttorney $255,099 $331,408 $824,879 CityMgmt $349,152 $336,485 $879,922 Info Tech $527,239 $651,147 $1,632,776 Finance $656,024 $676,705 $1,653,633 Parks & Rec Public Works Fire Police FY 14 Budget $1,214,519 $1,353,849 $3,780,659 $1,740,904 $1,745,253 $4,686,039 $5,353,141 $5,473,512 $7,493,581 $7,654,928 $13,426,056 $20,225,875 2014 GF REV & EXP PROJECTIONS Revenues Expenditures 70,000,000 70,000,000 60,000,000 60,000,000 50,000,000 50,000,000 40,000,000 40,000,000 Projection $30,622,226 20,000,000 Actual $28,023,691 10,000,000 October November December January February March April May June July August September - 4 30,000,000 20,000,000 10,000,000 Projection $25,322,226 Actual $23,569,662 October November December January February March April May June July August September 30,000,000 GENERAL FUND CASH & INVESTMENTS 5 General Fund $16,330,077 $18,000,000 Cash Advanced to: CDBG $20,000,000 (230,323) Code Nuisance (12,351) HOME Grant (32,498) 2008 Bonds (46,622) $16,000,000 $14,000,000 2010 2011 2012 2013 2014 $12,000,000 $10,000,000 $8,000,000 Comm Invest Prog (426,522) $6,000,000 Total Advances $(748,316) $4,000,000 $2,000,000 Total Available C&I @ 02/28/14 $15,581,761 $0 February CASH BALANCES IN OTHER GENERAL FUNDED FUNDS 6 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 ($500,000) ($1,000,000) ($1,500,000) Feb 2013 Feb 2014 EMPLOYEE BENEFITS FUND RISK MGMT FUND $2,065,090 $1,545,645 $238,706 $933,480 OTHER EMPLOYEE BENEFITS FUND ($949,746) ($443,858) FLEET SERVICES FUND $984,315 $842,549 RISK MANAGEMENT FUND 7 YTD Revenues YTD Expenditures $3,500,000 $3,000,000 $3,000,000 $2,500,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 FY14 Revenues $1,384,184 $2,000,000 FY14 Budget $3,293,194 $1,000,000 FY14 Expds $1,275,068 $1,500,000 FY14 Budget $3,293,194 $500,000 $0 Chrg for Other Svcs Misc Rev FY13 Expds $1,337,661 Personal Svcs Operating Expends OTHER EMPLOYEE BENEFITS FUND 8 YTD Expenditures YTD Revenues $3,000,000 $1,600,000 $2,500,000 $1,400,000 $1,200,000 $2,000,000 FY14 Revenues $2,155,663 $1,500,000 $1,000,000 FY14 Budget $3,721,935 $500,000 $0 Chrg Other for Svcs Sources $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 FY13 Expds $1,106,875 FY14 Expds $1,023,731 FY14 Budget $3,721,935 BUILDING FUND 9 February YTD Revenues & Expenditures FY13 FY14 $300,000 $290,000 $1,047,159 $1,051,940 $288,179 $280,000 $270,000 FY 14 Revenues $260,000 FY 14 Expenditures $255,018 $572,343 $591,431 $250,000 $240,000 $230,000 FY 14 Budget $1,068,792 Cash Total Fund Equity STORMWATER FUND 10 YTD Revenues & Expenditures Accounts Receivables $2,500,000 $2,287,999 $1,886,711 $2,000,000 $1,500,000 FY 14 Revenues $2,011,183 FY 14 Expds $1,380,176 $1,000,000 $1,403,314 FY 12 FY 13 FY 14 $734,508 $500,000 $0 FY14 Budget $3,967,600 FY 11 February SANITATION FUND 11 YTD Revenues & Expenditures Accounts Receivables $2,500,000 $580,662 $528,907 $2,000,000 $481,337 FY 14 Revenues $2,323,606 $1,500,000 $1,000,000 FY 11 FY 12 FY 13 FY 14 FY 14 Expds $1,854,696 $500,000 $0 $397,803 FY14 Budget $4,941,728 February RED LIGHT CAMERA FUND 12 YTD Expenditures YTD Receipts $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 FY14 Revenues $90,685* FY14 Budget $356,520 $0 *Gross Receipts – Pymts to vendor/State not reflected $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 FY14 Expds $56,700* FY14 Budget $356,520 * Does not include all fees due to vendor/State from receipts COMMENTS/QUESTIONS 13 CITY OF PALM BAY, FLORIDA REGULAR COUNCIL MEETING NO. 2014-07 Held on Thursday, the 20th day of March 2014, at the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Office of the City Clerk, City Hall, Palm Bay, Florida. The meeting was called to order at the hour of 7:01 P.M. Pastor Troy Robinson, Lifepoint Church of Palm Bay, gave the invocation, which was followed by the Pledge of Allegiance to the Flag. ROLL CALL: MAYOR: DEPUTY MAYOR: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: CITY MANAGER: CITY ATTORNEY: CITY CLERK: William Capote Ken Greene Kristine Isnardi Michele Paccione Harry Santiago Jr. Sue Hann Andrew Lannon Alice Passmore Present Present Present Present Present Present Present Present CITY STAFF: Present was Chad Shoultz, Deputy City Manager. ANNOUNCEMENTS: Deputy Mayor Greene announced the following vacancies and solicited applications for same: 1. Four (4) vacancies on the Youth Advisory Board (represents students grades 9-12). 2. One (1) vacancy on the Utilities Advisory Board (represents utility customer or resident). 3. One (1) vacancy on the Building and Construction Advisory Board (represents general contractor). 4. One (1) vacancy on the Recreation Advisory Board. AGENDA REVISIONS: There were no agenda revisions. City of Palm Bay, Florida Regular Council Meeting No. 2014-07 Minutes – March 20, 2014 Page 2 of 7 CONSENT AGENDA: All items of business marked with an asterisk were considered under Consent Agenda and enacted by the following motion: Motion by Deputy Mayor Greene, seconded by Mrs. Paccione, that the Consent Agenda be approved as presented. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. RECOGNITIONS AND PROCLAMATIONS: The proclamations were read and individuals recognized. 1. American Cancer Society Relay for Life – April 5-6, 2014. 2. Palm Bay Police Department: a) ceremony to administer police officer’s oath; b) recognizing the retirement of Lynne Nungesser, Executive Assistant. PRESENTATION: 1. Moore Stephens Lovelace, P.A. – Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2013. Carl Hofmann, Jr., CPA, Engagement Manager, presented the audit to the City Council and provided highlights of same. a) Consideration of forwarding report to the Auditor General. Motion by Mrs. Isnardi, seconded by Mr. Santiago, to accept the annual financial report and forward it to the Auditor General. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. ADOPTION OF MINUTES: * 1. Regular Council Meeting No. 2014-06; March 4, 2014. The minutes, considered under Consent Agenda, were approved as presented. PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Individuals commented on various issues. City of Palm Bay, Florida Regular Council Meeting No. 2014-07 Minutes – March 20, 2014 Page 3 of 7 PUBLIC HEARINGS: ♣1. Ordinance No. 2014-07, rezoning property located at the intersection of U.S. Highway No. 1 and Ridge Road, in the vicinity south of Worth Court, from HC (Highway Commercial District) to RS-1 (Single Family Residential District) (0.34 acres)(Case No. CPZ-1-2014, Azzuri Property Holdings, Inc.), for final reading. The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mr. Santiago, seconded by Mrs. Isnardi, to adopt Ordinance No. 2014-07. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 2. Ordinance No. 2014-08, amending the Fiscal Year 2013-2014 budget by appropriating and allocating certain monies (second budget amendment), for final reading. The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mrs. Paccione, seconded by Deputy Mayor Greene, to adopt Ordinance No. 2014-08. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. 3. Ordinance No. 2014-09, amending the Code of Ordinances, Chapter 52, Boards, Subchapter ‘Youth Advisory Board’, by expanding the duties of the adult advisory members and clarifying the liaison positions, for final reading. The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mrs. Isnardi, seconded by Mr. Santiago, to adopt Ordinance No. 2014-09. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. BOARD AND COMMITTEE REPORTS: The Greater Palm Bay Chamber of Commerce provided an update; councilmembers provided updates on activities of various agencies and boards on which they served as members. City of Palm Bay, Florida Regular Council Meeting No. 2014-07 Minutes – March 20, 2014 Page 4 of 7 PROCUREMENTS: Award of Proposals: * 1. Emergency generators, preventative maintenance and repair – RFP No. 08-02014 (Power Pro-Tech Services - $40,510). Staff Recommendation: Award the proposal for emergency generators, preventative maintenance and repair to Power Pro-Tech Services, Altamonte Springs, in the amount of $40,510. The item, considered under Consent Agenda, was approved as recommended by City staff. * 2. Janitorial services – RFP No. 11-0-2014 (W & G Maintenance - $132,212). Staff Recommendation: Award the proposal for janitorial services to W & G Maintenance, in the amount of $132,212; in the event W & G Maintenance did not perform within a 180day period, authorize the cancellation of the agreement and award the proposal to American Facility Services. The item, considered under Consent Agenda, was approved as recommended by City staff. Miscellaneous: * 1. Wastewater facility operating permit renewal, Troutman Wastewater Treatment Plant and Water Reclamation Facility – Utilities Department (Wade Trim Inc. $47,552). Staff Recommendation: Approve the task order with Wade Trim, Inc. for the wastewater facility operating permit renewal for the Troutman Wastewater Treatment Plant and Water Reclamation Facility, in the amount of $47,552. The item, considered under Consent Agenda, was approved as recommended by City staff. UNFINISHED AND OLD BUSINESS: 1. Appointment of two (2) members to the Police and Firefighters Retirement Pension Plan, Board of Trustees (representing one (1) Councilmember and one (1) City Resident). City of Palm Bay, Florida Regular Council Meeting No. 2014-07 Minutes – March 20, 2014 Page 5 of 7 Motion by Deputy Mayor Greene, seconded by Mrs. Paccione, to reappoint James Brock to the Board. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. Motion by Deputy Mayor Greene, seconded by Mrs. Paccione, to reappoint Mayor Capote to the Board. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Greene, Yea; Councilwoman Isnardi, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea. COUNCIL BUSINESS: Councilmembers addressed various subject matters. 1. Mr. Santiago stated he was appointing Jeff Bailey to the Road Maintenance Ad Hoc Working Group to replace Joe Aguiar. 2. Mrs. Paccione said Brevard County had adopted a strong fertilizer ordinance and would like to see the fertilizer ordinance reconsidered by Council. After some discussion among councilmembers, Council concurred to reconsider the ordinance previously presented, with the three (3) conditions, at one of the regular Council meetings in May. NEW BUSINESS: * 1. Resolution No. 2014-08, authorizing the financing for the Advance Refunding Local Option Gas Tax Bond, Series 2004. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. * 2. Resolution No. 2014-09, supplementing Resolution No. 2014-08, to authorize and approve the negotiated sale of Local Option Gas Tax Refunding Revenue Note, Series 2014. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. * 3. Resolution No. 2014-10, authorizing the financing for the refunding of the Utility System Refunding Revenue Bonds, Series 2002, 2003 and 2004. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. City of Palm Bay, Florida Regular Council Meeting No. 2014-07 Minutes – March 20, 2014 Page 6 of 7 * 4. Consideration of an agreement with the Brevard County Board of County Commissioners for Emergency Medical Services Assessment to assist Primary First Responders with emergency medical care. Staff Recommendation: Authorize the City Manager to execute the agreement. The item, considered under Consent Agenda, was approved as recommended by City staff. * 5. Consideration of travel and training for specified City employees. Staff Recommendation: Approve the travel and training as specified. The item, considered under Consent Agenda, was approved as recommended by City staff. * 6. Consideration of request from the American Cancer Society to utilize the mobile stage; consideration of City’s co-sponsorship of the Relay for Life event. Staff Recommendation: Authorize the rental of the City’s mobile stage and co-sponsorship of the American Cancer Society/Relay for Life in Palm Bay. The item, considered under Consent Agenda, was approved as recommended by City staff. 7. Consideration of amending the Palm Bay Code of Ordinances as it relates to the conversion of garages to living areas. Staff Recommendation: Authorize the City staff to prepare a textual amendment removing the requirement that a garage door remain in place when converting garages to living area. The City Council concurred to move forward with the textual amendment. 8. Discussion on Chapter 75, Dangerous Intersection Safety Act (red light cameras), of the Code of Ordinances. (Councilwoman Isnardi) Mrs. Isnardi provided her reasons as to why she felt the ordinance should be repealed. Mayor Capote and Councilmembers Paccione and Santiago concurred. Deputy Mayor Greene stated he was in favor of keeping the red light cameras and gave his reasons for same. Motion by Mrs. Isnardi, seconded by Mr. Santiago, to direct City staff to not renew the contract with GATSO and prepare paperwork to repeal Chapter 75 of the Code of Ordinances. Motion carried with members voting as follows: City of Palm Bay, Florida Regular Council Meeting No. 2014-07 Minutes – March 20, 2014 Page 7 of 7 Mayor Capote Deputy Mayor Greene Councilwoman Isnardi Councilwoman Paccione Councilman Santiago Yea Nay Yea Yea Yea ADMINISTRATIVE AND LEGAL REPORTS: 1. Mrs. Hann advised Council that Palm Bay Road at Minton Road would not be closed on March 24th as previously announced; the new date for closure would be Monday, April 7th, at 10:00 P.M. PUBLIC COMMENTS/RESPONSES: Individuals commented on various issues. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 8:49 P.M. ___________________________________ William Capote, MAYOR ATTEST: ___________________________________ Alice Passmore, CITY CLERK * Identifies items considered under the heading of Consent Agenda. ♣Indicates quasi-judicial proceeding. Indicates item was considered out of sequence or added to the agenda. ORDINANCE NO. 2014-10 AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 185, ZONING CODE, SUBCHAPTERS ‘GENERAL PROVISIONS’ AND ‘SUPPLEMENTARY DISTRICT REGULATIONS’, BY INCLUDING A DEFINITION FOR PIGEONS; PROVIDING CRITERIA FOR KEEPING/MAINTAINING PIGEONS IN RESIDENTIAL ZONING DISTRICTS OF THE CITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter ‘General Provisions’, Section 185.006, Definitions, is hereby amended and shall henceforth read as follows: “Section 185.006 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. *** LANDING BOARD. A device placed on a pigeon aviary for the intake of birds into any loft or aviary. *** LOFT. Any house, dovecote, structure, or enclosure for the keeping and housing of any kind of pigeon. *** PIGEON. A bird of the order Columbidae and includes racing pigeon, carrier pigeon, homing pigeon, fancy pigeon and sporting pigeon. PIGEON AVIARY. An accessory use structure used for the keeping and housing of racing, homing, and ‘fancy’ or seamless banded pigeons. *** City of Palm Bay, Florida Ordinance No. 2014-10 Page 2 of 4 SEAMLESS BAND. A plastic or metal identification band that contains a series of letters or numbers that is permanently attached to the pigeon at birth. The band is issued by a nationally recognized birding association, and is to remain with the animal throughout its natural life. * * *” SECTION 2. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter ‘Supplementary District Regulations’, Section 185.136, Backyard Chickens, is hereby amended and shall henceforth read as follows: “Section 185.136 BACKYARD CHICKENS. (A) No person shall keep or maintain in, on or upon any lot, building, premises or property any farm animal in any zoning category outside of the RR and GU districts except as provided for in this section or Section 185.137. * * *” SECTION 3. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter ‘Supplementary District Regulations’, is hereby amended by including as Section 185.137 the following language: “185.137 PIGEONS (A) No person shall keep or maintain in, on or upon any lot, building, premises or property any farm animal in any zoning category outside of the RR and GU districts except as provided for in this section or Section 185.136. (B) Pigeons may be kept on single family lots in the RE, RS-1, RS-2, RS-3, SF-1, SF-2 and SRE Zoning Districts subject to adherence to the following criteria: (1) The keeping of pigeons is allowed in the RE, RS-1, RS-2, RS-3, SF-1, SF-2 and SRE Zoning Districts as an accessory use. (2) A maximum of one hundred (100) pigeons may be kept on a parcel containing at least one (1) primary structure. (3) Restrictions on flights. (a) Maximum number to be released. No more than forty (40) pigeons may be released at any one time for exercise or training purposes. City of Palm Bay, Florida Ordinance No. 2014-10 Page 3 of 4 (b) Maximum number of flights per twenty-four (24) hour period. No more than two (2) flights shall be allowed within a twenty-four (24) hour period. (c) Pigeons shall only be released to fly between the hours of Sunrise to Sunset. When pigeons have been released from a distant location, they shall be allowed to fly into their home aviary upon their return- regardless of which day or time of day. (4) Enclosure requirements. Pigeon Aviaries shall meet the provisions of 185.118 ACCESSORY STRUCTURES, Subparagraph (F), Animal Cages or Enclosures. (5) Aviary Maintenance and Cleaning Requirements: (a) Structures where pigeons are housed shall be kept and maintained in a sanitary condition. Refuse and droppings shall be removed from the premises at least twice each calendar week. No aviary or loft shall create a nuisance onto adjacent properties. (b) The owner shall comply with the rules and regulations of the Brevard County Health Department and/or Animal Control pertaining to the sanitary conditions and maintenance of the premises. (c) The owner or person in charge of keeping the pigeon aviary shall maintain the property and all features of the property, including roofs, driveways and walkways in a clean manner, void of any visible pigeon droppings. (d) Pigeons shall not be allowed to land or perch on the structures or property of others. Birds shall be trained not to land anywhere except on the landing board to the loft within four (4) weeks after the pigeon is first let out of the loft (first flight). The landing board shall be constructed in such a manner that allows for the entire flying flock to land at the loft at one time. The minimum loft size shall be regulated to a minimum of one (1) square foot per bird. (e) Pigeon businesses or breeding activities for commercial purposes shall not be conducted in the RE, RS-1, RS-2, RS-3, SF-1, SF-2 and SRE Zoning Districts. (f) No training flight shall occur two (2) hours before sunset or sunrise, and that training flights not be conducted until four (4) hours after the feeding of birds. (g) Any bird that is deemed diseased be removed from the loft and from the premises immediately.” SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. City of Palm Bay, Florida Ordinance No. 2014-10 Page 4 of 4 SECTION 5. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 6. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 7. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No. 2014- , held on only and duly enacted at Meeting No. 2014- , held on , 2014; and read in title , 2014. William Capote, MAYOR ATTEST: Alice Passmore, CITY CLERK Reviewed by CAO: Applicant: Case No.: Space Coast Racers T-1-2014 Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged. ORDINANCE NO. 2014-11 AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 185, ZONING CODE, BY CREATING A NEW ZONING DISTRICT TO BE KNOWN AS THE PARKWAY MIXED USE DISTRICT (PMU); PROVIDING CRITERIA FOR THE ZONING DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, is hereby amended by including as Section 185.057 the following language: "SECTION 185.057 PMU – PARKWAY MIXED USE DISTRICT. (A) Intent. The Parkway Mixed Use (PMU) zoning district is a Planned Development intended to establish types of development and arrangements of land uses that are consistent with the Comprehensive Plan, but which are not otherwise provided for or allowed in the zoning districts set out in this chapter. Subsequent development within the PMU district is implemented by the approval of one or more site and development plans, known as Final PMU Development Plans. The purpose of planned developments is to encourage the creation and of designed neighborhoods and communities that provide a full range of residence types, as well as commercial uses that serve the inhabitants of the immediate community and surrounding neighborhoods. The standards for creating a new PMU district set out herein are intended to promote flexibility of design and diversification and integration of uses and structures. The process set out herein allows the City Council to evaluate applications to establish new PMU districts and to render final determination as to whether applications should be approved, approved with conditions, or denied. In addition, the City Council may establish such additional limitations and regulations as are deemed necessary to protect the public health, safety, and general welfare. Specifically, the PMU district is intended to: (1) Promote more efficient and economical uses of land. (2) Provide flexibility to meet changing needs, technologies, economics, and consumer preferences. City of Palm Bay, Florida Ordinance No. 2014-11 Page 2 of 7 (3) Encourage uses of land which reduce transportation needs and which conserve energy and natural resources to the maximum extent possible. (4) Preserve to the greatest extent possible, and utilize in a harmonious fashion, existing environmental features and amenities; with an emphasis on preserving existing exceptional specimen trees, to be incorporated into the development. (5) Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities. (6) Simplification of the procedure for obtaining approval of proposed developments through the combining and coordinating of land uses, building types, and building relationships within a planned development, which otherwise would not be provided under a conventional zoning district. (B) Establishment of a new PMU district. (1) Eligibility for application. Applications for establishment of a new PMU zoning district shall demonstrate compliance with the following minimum eligibility criteria: (a) Minimum area for a PMU zoning district. The minimum area required for an application to a PMU district shall be twenty (20) acres and there shall be a minimum of 40 square feet of commercial space provided for each residential unit proposed within the PMU. (b) Maximum density. The maximum overall residential density within a PMU district shall be ten (10) dwelling units per acre. (c) Commercial uses. Permitted uses are retail (free-standing or combined in a plaza); personal service establishments, daycare centers, church/religious uses, restaurants, financial institutions, office uses, service stations with fuel sales, food service, theaters, professional office uses, medical and/or veterinary clinics and other uses approved by City Council during the development approval process. (d) Configuration of the PMU zoning district. The PMU zoning district shall consist of a discrete area of land of sufficient size to accommodate the proposed uses. Multiple parcels may be combined for purposes of establishing the PMU boundaries provided they are contiguous and under common ownership by the applicant(s). Separation by roadways, canals or similar dividers shall be considered contiguous for purposes of this section. (e) Unified control/ownership. All properties included for the purpose of application to amend the official zoning map to create a PMU district shall be under the ownership or control of the applicant(s). (2) Review process. The approval of a PMU zoning map amendment and associated application rests with the City Council. An application for a PMU zoning district shall include a Preliminary Design Plan (PDP); a PMU zoning district shall not be City of Palm Bay, Florida Ordinance No. 2014-11 Page 3 of 7 established unless and until an associated PDP is approved by the City Council. Review of an application for a PMU zoning map amendment and associated concept plan shall be processed as follows: (a) Preliminary design plan (PDP) application. A PDP application shall be submitted in accordance with the submittal requirements set forth in subsection (3). (b) Planning and Zoning Board Public Hearing and Recommendation. The Planning and Zoning Board shall conduct a public hearing on the PMU zoning map amendment and PDP and formulate findings supporting a recommendation to the City Council to approve, approve with conditions, or deny the application. The Board's recommendation shall be forwarded to the City Council for final action. (c) City Council Public Hearing and Disposition. The City Council shall conduct a public hearing on the PMU zoning map amendment and PDP application. The Council's final action to approve, approve with conditions, or deny the application shall be based upon the recommendations of the Planning and Zoning Board, city staff, public testimony, and findings made at the public hearing. The decision of the City Council shall be final. (d) Adoption of Implementing Ordinance. C ity Council approval or approval with conditions for a PMU zoning map amendment and PDP application shall be adopted into an implementing ordinance. The ordinance shall be adopted pursuant to state statutes and shall include a legal description of the property, a copy of the PDP layout and any conditions placed on the approval by City Council. (3) Application content and submittal requirements. (a) Preliminary design plan (PDP). A PDP is a generalized plan that establishes the allowable land uses and the allowable development density or intensity ranges as well as any corresponding development and design standards for all lands within the PMU zoning district. The PDP shall consist of the graphic and/or textual information itemized in subsections 1 through 4 below. 1. A general plan for the use of all lands within the proposed PMU. Such plans shall indicate the general location of residential areas (including maximum density and unit types), open space, parks, passive or scenic areas, and nonresidential areas (including maximum building square footage or other intensity maximums). 2. A plan of vehicular and pedestrian circulation showing the general locations and right-of-way widths of roads, sidewalks, the capacity of the system and major access points to the external and internal thoroughfare network. 3. A summary of allowable development. The summary shall provide: City of Palm Bay, Florida Ordinance No. 2014-11 Page 4 of 7 a. The total acreage of the PMU district and each phase, as may be proposed; b. The acreage of areas proposed for specific land uses to be allowed within the PMU district and phases proposed in the concept plan, as may be applicable; c. The acreage of open space or conservation areas within the PMU district and phases proposed in the concept plan; d. The minimum and maximum allowable residential density to be allowed within the PMU district and each phase proposed in the concept plan, measured in residential dwelling units per acre; and e. The minimum and maximum allowable nonresidential development intensity to be allowed within the PMU district and each phase, measured in gross building square footage or other appropriate intensity measure. (b) Site condition map(s) and data that include: 1. A legal description of the properties included in the application with an associated boundary survey signed and sealed by a registered Florida land surveyor. 2. Name of the PMU; the owners of all properties included in the PMU district; the agent for the PMU application, and address and phone number of the agent; and, date of drawing and of any subsequent revision. 3. Scale, north arrow, and general location map showing relationship of the site to external uses, structures, and features. (c) An Environmental Assessment of the property identifying major environmental features of the site and endangered wildlife and vegetation. (C) Final Development Plan. The PMU Final Development Plan is a site and development plan consistent with and intended to implement a PMU preliminary development plan. The final plan may pertain to an entire PMU district or one or more phases of the project. Final subdivision approval may be combined as part of the PMU Final Development Plan. (1) Review process. The approval of a PMU Final Development Plan rests with the City Council. An application for a Final Development Plan shall be processed as follows: (a) Final design plan (FDP) application. An FDP application shall be submitted in accordance with the submittal requirements set forth in subsection (2). (b) Planning and Zoning Board Public Hearing and Recommendation. The Planning and Zoning Board shall conduct a public hearing on the PMU zoning map amendment and FDP and formulate findings supporting a City of Palm Bay, Florida Ordinance No. 2014-11 Page 5 of 7 recommendation to the City Council to approve, approve with conditions, or deny the application. The Board's recommendation shall be forwarded to the City Council for final action. (c) City Council Public Hearing and Disposition. The City Council shall conduct a public hearing on the PMU zoning map amendment and FDP application. The Council's final action to approve, approve with conditions, or deny the application shall be based upon the recommendations of the Planning and Zoning Board, city staff, public testimony, and findings made at the public hearing. The decision of the City Council shall be final. (d) Adoption of Implementing Ordinance. C ity Council approval or approval with conditions for a PMU zoning map amendment and FDP application shall be adopted into an implementing ordinance. The ordinance shall be adopted pursuant to state statutes and shall include a legal description of the property, a copy of the FDP layout and any conditions placed on the approval by City Council. (2) Required exhibits. (a) If the applicant intends to subdivide land as part of their application of the PMU district than they shall meet the requirements of Chapter 184 Subdivisions. (b) A schematic layout of the proposed development shall be submitted on which structures shall be located in relation to each other and to major entrances into and off the site; internal circulation ways; parking and service areas; a landscaped areas. The site plan and supporting data shall also show proposed standards for development, including restrictions of the use of property; plans for the provision of utilities, including water, sewer and drainage facilities; plans for protection of abutting properties. (c) Identification of planned maintenance responsibility for all aspects of the development. Specifically identify all facilities proposed for maintenance by the City or other governmental entities. (d) Declaration of covenants and restrictions shall be submitted for individual subdivisions and commercial areas that govern such items as accessory uses, architectural requirements (if any), and other items not covered by the PMU zoning standards. (e) A Traffic Study meeting generally accepted engineering practices examining the impact of the proposed development on the surrounding roadway network. (D) Joint preliminary development and final development plan application. At the option of the applicant, a Preliminary Development Plan (PDP) may be reviewed simultaneously with a Final Development Plan (FDP). In addition, modifications to an approved PDP may be made as part of the approval process for an FDP. All applicable requirements for both the PDP and the FDP submittal applications must be addressed. City of Palm Bay, Florida Ordinance No. 2014-11 Page 6 of 7 (E) Administrative Process following Final Development Plan Approval. Physical development of the property must be consistent with the approved Preliminary Development Plan and the Final Development Plan for the PMU project. Administrative review and approval processes for subdivisions, site plans, building permits other land development regulations shall ensure such consistency. Substantial changes, as determined by the Growth Management Director, shall require re-submittal for Final Development Plan approval. Minor changes not deemed to be substantial may be approved administratively. (F) Development Standards. Standards for development shall be provided by the applicant at the time of submittal for a Preliminary Development Plan. These standards shall include such items as minimum lot sizes; minimum lot widths and depths; minimum yard areas (setbacks) for all types of uses; minimum living areas; minimum building areas (if applicable); maximum height of structures; and such other items as will be needed to facilitate construction of the proposed community. (G) Signage. Standards for signs shall be provided by the applicant at the time of submittal for a Preliminary Development Plan. These standards shall address allowable sign locations; size; height; maximum number of signs permitted; lighting and landscaping requirements; etc. (H) Landscaping and Tree Preservation. Standards for landscaping shall be provided by the applicant at the time of submittal for a Preliminary Development Plan. These standards shall address the number of trees, shrubs and other plantings for both residential and nonresidential uses. A project developing under the PMU zoning category must follow the requirements for tree preservation and mitigation found in Chapter 180, of the Palm Bay Code of Ordinances. (I) Walls and Fences. Standards for walls and fences shall be provided by the applicant at the time of submittal for a Preliminary Development Plan. These standards shall address the size, type and placement of walls and fences. Careful consideration shall be given to the site visibility of the motoring public, while protecting the rights and property values of the property owners of the PMU community.” SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. City of Palm Bay, Florida Ordinance No. 2014-11 Page 7 of 7 SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No. 2014- , held on only and duly enacted at Meeting No. 2014- , held on , 2014; and read in title , 2014. William Capote, MAYOR ATTEST: Alice Passmore, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay T-2-2014 ORDINANCE NO. 2014-13 AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE VII, TRAFFIC AND VEHICLES, CHAPTER 75, DANGEROUS INTERSECTION SAFETY ACT, BY REPEALING CHAPTER 75 IN ITS ENTIRETY; PROVIDING FOR DELETION FROM THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 174, Floodplain and Stormwater Management, Subchapter ‘Floodplain Management’, is hereby repealed in its entirety: “DANGEROUS INTERSECTION SAFETY ACT § 75.01 TITLE. This chapter shall be known as the "Dangerous Intersection Safety Act". § 75.02 INTENT. The purpose of this chapter is to authorize the use of traffic infraction detectors to promote compliance with red light signal directives as proscribed by this chapter, and to adopt an enforcement system for red light signal violations, all in accord with general law, including Chapter 2010-80, Laws of Florida (2010) (the “Mark Wandall Traffic Safety Act” or “Act”). This chapter will also supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance with normal statutory traffic enforcement techniques. § 75.03 USE OF TRAFFIC INFRACTION DETECTORS. The city shall utilize traffic infraction detectors pursuant to general law as a means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. The city may utilize traffic infraction detectors as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and injuries associated with such violations. City of Palm Bay, Florida Ordinance No. 2014-13 Page 2 of 6 § 75.04 DEFINITIONS. The following definitions shall apply to this chapter. CAREFUL AND PRUDENT MANNER. The operation of a motor vehicle having due regard for width, grade, curves, corners, traffic, actual and potential hazards, and all other attendant circumstances so as not to endanger pedestrians, other motor vehicles, bicycles and other non-motorized vehicles, or the property of another. INTERSECTION. The area embraced within the prolongation or connection of the lateral curb line; or, if none, then the lateral boundary lines, of the roadways of two (2) roads which join or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. MOTOR VEHICLE. Any conveyance meeting the definition set forth in F.S. § 316.003(21), or its successor provision. OWNER/VEHICLE OWNER. The person or entity identified by the Florida Department of Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle. RECORDED IMAGES. Images recorded by a traffic infraction detector which is operated in accordance with the Act. RED ZONE INFRACTION. A traffic offense whereby an infraction detector indicates a violation of F.S. § 316.074(1) or F.S. § 316.075(1)(c)(1). TRAFFIC INFRACTION DETECTOR. Vehicle sensor(s) installed to work in conjunction with a traffic control signal and one (1) or more cameras synchronized to automatically record two (2) or more sequenced photographic or electronic images or streaming video of the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar, clearly marked stop line, or crosswalk, when facing a traffic control signal displaying a steady red light or steady red arrow. TRAFFIC INFRACTION ENFORCEMENT OFFICER. A Police Department employee designated, pursuant to subsection 75.08(B) herein, to review recorded images and issue a notice of violation and a uniform traffic citation based upon those images. § 75.05 ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS. (A) Pursuant to general law, motor vehicle traffic facing a traffic control signal's steady red light indication shall stop before entering the crosswalk on the near side of an intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown on the traffic control signal; however, the driver of a vehicle which is approaching a clearly marked stop line, the crosswalk on the near side of the intersection or, if none, is approaching the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn in a careful and prudent manner City of Palm Bay, Florida Ordinance No. 2014-13 Page 3 of 6 (unless such turn is otherwise prohibited by posted sign or other traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as directed by the traffic control signal at the intersection. (B) Pursuant to general law, motor vehicles facing a traffic control signal that is malfunctioning, inoperable or is emitting a flashing red light shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest to the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. In the event that only some of the traffic control signals within an intersection are malfunctioning, inoperative or emitting a flashing red light the driver of the vehicle approaching the malfunctioning, inoperative or flashing red traffic control signal shall stop in the above prescribed manner. § 75.06 VIOLATION. A violation of this chapter, known as a red zone infraction, shall occur when a vehicle does not comply with the requirements of § 75.05. Violations shall be enforced pursuant to F.S. § 316.0083. § 75.07 IMPLEMENTATION OF GENERAL LAW. Within the city, the City Manager is authorized to implement the provisions and requirements of Chapter 2010-80, Laws of Florida (2010), as may be amended from time to time, and may take any action which is necessary for such purpose. § 75.08 REVIEW OF RECORDED IMAGES. (A) The owner of the vehicle which is observed by recorded images committing a red zone infraction, shall be issued a notice of violation no later than thirty (30) days after the red zone infraction occurs. The recorded image shall be sufficient grounds to issue a city notice of violation. (B) The city shall designate one (1) or more Traffic Infraction Enforcement Officers, who shall be sworn police officers of the city and who shall meet the qualifications set forth in F.S.§ 316.640(5)(A), or any other relevant statute. A Traffic Infraction Enforcement Officer shall review recorded images prior to the issuance of a notice of violation to ensure accuracy and the integrity of the recorded images. A Traffic Infraction Enforcement Officer shall also verify that the traffic infraction detector which captured the recorded images was functioning properly at the time the recorded images were captured. Once the Traffic Infraction Enforcement Officer has verified the accuracy of the recorded images and functionality of the traffic infraction detector, he or she shall complete a review of the violation and authorize enforcement action, and a notice of violation shall be sent to the vehicle owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles. City of Palm Bay, Florida Ordinance No. 2014-13 Page 4 of 6 § 75.09 NOTICE OF VIOLATION. (A) Within thirty (30) days after a violation, notification must be sent to the registered owner of the motor vehicle involved in the violation specifying the remedies available under F.S. § 318.14, and that the violator must pay the penalty of one hundred fifty-eight dollars ($158.00) to the city or furnish an affidavit supporting an exemption that complies with F.S. § 316.0083, in accordance with paragraph (11) within thirty (30) days following the date of the notification in order to avoid court fees, costs, and the issuance of a traffic citation. The notification shall be sent by first-class mail, and shall include at a minimum: (1) The name and address of the vehicle owner; (2) The license plate number of the vehicle; (3) The make of the vehicle; (4) Images depicting the infraction, showing the license tag of the offending vehicle and the traffic control signal being violated; (5) The location of the intersection where the violation occurred; (6) The date and time of the red zone infraction; (7) A statement that the owner has the right to review the recorded images that constitute a rebuttable presumption against the owner, together with a statement of the time and place or internet location where the evidence may be examined and observed; (8) Instructions on all methods of payment of the penalty; (9) A statement specifying the remedies available under F.S. § 318.14; (10) A statement that the owner must pay a penalty of one hundred fiftyeight dollars ($158.00) to the city or provide an affidavit that complies with F.S. § 316.0083, within thirty (30) days of the date the notice is issued in order to avoid court fees, costs, and the issuance of a Uniform Traffic Citation; (11) A signed statement by the Traffic Infraction Enforcement Officer that, based on inspection of recorded images, the vehicle was involved in a red zone infraction constituting a violation of F.S. § 316.074(1) or F.S. § 316.075(1)(c)(1). § 75.10 UNIFORM TRAFFIC CITATION. If an owner receives a notice and fails to pay the penalty imposed by F.S. § 316.0083, or to provide an affidavit supporting an exemption that complies with the provisions of F.S. § 316.0083 within thirty (30) days of the date the notice is issued, then a Uniform Traffic Citation shall be issued to the owner as provided by general law. The Uniform Traffic Citation shall be issued no later than sixty (60) days after the date the red zone infraction occurs. The owner shall be responsible and liable for paying the Uniform Traffic Citation unless the owner City of Palm Bay, Florida Ordinance No. 2014-13 Page 5 of 6 furnishes to the city, within thirty (30) days after the date of issuance of the Uniform Traffic Citation, an affidavit supporting an exemption that complies with F.S. § 316.0083. Upon receipt of an affidavit, the person designated as having care, custody, and control of the motor vehicle at the time of the violation may be issued a Uniform Traffic Citation under this Article, and shall be responsible and liable for paying the citation. The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. § 75.11 SIGNAGE. At any intersection at which the city has installed a traffic infraction detector, it shall erect signage at the intersection sufficient to notify the public that a traffic infraction detector may be in use at the intersection and shall include specific notification of intersection safety camera enforcement of violations concerning right turns. Such signage shall meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to F.S. § 316.0745. § 75.12 CONSISTENCY WITH STATE LAW. (A) This chapter shall be interpreted and applied so that it is consistent with state law, specifically, the Mark Wandall Traffic Safety Act; CS/CS/HB 325. (B) Any amendment to an applicable state law shall automatically apply to the enforcement and application of this chapter, whether or not this chapter or any provision hereof has been amended to specifically address such amendment to state law. Without limitation, any future amendment regarding the amount of the civil penalty or the apportionment of the proceeds thereof shall be deemed applied in the enforcement of this chapter, even prior to a specific amendment to this chapter to make the chapter expressly consistent with such change in state law with respect to the amount of the penalty or the apportionment of proceeds thereof.” SECTION 2. It is the intention of the City Council of the City of Palm Bay that the provisions within this Ordinance shall be deleted from the City of Palm Bay Code of Ordinances. SECTION 3. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the City of Palm Bay, Florida Ordinance No. 2014-13 Page 6 of 6 inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 4. The provisions within this ordinance shall take effect on April 20, 2014. Read in title only at Meeting No. 2014- , held on only and duly enacted at Meeting No. 2014- , held on , 2014; and read in title , 2014. William Capote, MAYOR ATTEST: Alice Passmore, CITY CLERK Reviewed by CAO: TO: Sue Hann, City Manager FROM: Yvonne McDonald, Finance Director DATE: March 23, 2014 RE: Monthly Financial Report for the month of February 2014 Attached for your information is the monthly financial report for February 2014 which will provide you with an overview of the City’s financial activities during the month of February 2014. February is the 5th month of the fiscal year and represents 42% of the annual budget. February 2014 Cash & Investments Highlights General Fund • Total General Fund cash and investments decreased by $1,431,856 or -8.1% from the same period last year. General Fund Cash & Investments at 02/28/14 totaled $16,330.077. • From its primary General Fund revenue source, the City has received through February 28th, $18.7 million or 83.1% of the budgeted Ad Valorem Taxes for FY 14. Ad Valorem Taxes budgeted for FY 14 is $21.8 million. An additional $31,954 in delinquent ad valorem tax revenue was received through February 28st. Capital Improvement Fund • At February 28, 2014, $1.3 million of General Fund’s funds had been advanced towards capital improvement projects. Funds reimbursable to the General Fund are for the Parkway, Troutman/Clermont and Palm Bay Landscaping projects. Other Employee Benefits (OEB) • Used primarily for the payout of benefits and insurance premiums, the OEB Fund’s cash remained negative by $443,858 at the end of February 2014. Employee Benefits • The Employee Benefits Fund’s cash balance is down from last month. The fund had a cash balance of $1.5 million at the end of February 2014. Citywide • The City’s overall cash and investments portfolio, increased by $1.7 million or 2.9% from $60.1 million in February 2013 to $61.9 million in February 2014. Attachments: February 2014 Financial Report CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT (UNAUDITED) FEBRUARY 2014 The City of Palm Bay, Florida’s (the “City”) monthly financial report presents an overview and analysis of the City’s financial activities during the month of February 2014. February is the fifth month of the fiscal year and represents 42% of the annual budget. Contents Financial Report Summary Citywide revenues of $110.3 million (including $50.9 million in bond proceeds) are at 53% of the annual budget. Citywide expenditures (including capital, debt service, and payment for the defeasance of the 2008 Pension Bonds and the related swap termination) of $104.3 million are at 50% of the annual budget. Traditionally revenue collections are two months in arrears. For this reason, certain revenues for grants and other governmental resources are accrued at year end to reflect the period in which it represents. Citywide cash and investments increased by $1.77 million, or 2.9%, in comparison to the prior year. Citywide - Cash & Investments 2/28/2014 $ 61,921,558.50 2/28/2014 2/28/2013 60,148,009.08 2/28/2013 Increase 2.9% $ 1,773,549.42 Increase General Fund YTD Revenues Monthly Revenues YTD Expenditures Monthly Expenditures YTD Budget Comparison Cash & Investments Fund Balance Utilities Fund YTD Revenues Monthly Revenues YTD Expenses Cash & Investments Building Fund YTD Revenues YTD Expenses Cash & Fund Equity Citywide - Revenues $ 110,259,570.42 2/28/2014 57,625,417.36 2/28/2013 91.3% $ 52,634,153.06 Increase Page Page Page Page Page Page Page 2 3 4 5 6 7 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Citywide - Expenditures $ 104,336,165.58 50,317,446.43 107.4% $ 54,018,719.15 General Fund revenues of $28.0 million are at 48% of the annual budget. This is a decrease of $2.1 million, or 7.0%, in comparison to the prior year. General Fund expenditures of $23.6 million are at 40% of the annual budget. This is an increase of $2.2 million, or 10.4%, in comparison to the prior year. General Fund cash and investments decreased by $1.4 million, or 8.1%, in comparison to the prior year. General Fund - Cash & Investments General Fund - Revenues General Fund - Expenditures 2/28/2014 $ 16,330,077.25 2/28/2014 $ 28,023,691.17 2/28/2014 $ 23,569,661.32 2/28/2013 17,761,933.46 2/28/2013 30,145,410.50 2/28/2013 21,343,149.69 Decrease -8.1% $ (1,431,856.21) Decrease -7.0% $ (2,121,719.33) Increase 10.4% $ 2,226,511.63 The General Fund is the City’s primary operating fund and is used to account for all resources except those that are required to be accounted for in another fund. The following information depicts the history of the revenues and expenditures for the General Fund from fiscal years 2011 to 2014. This report contains unaudited information. If you have any questions or comments on the financial reports, please contact Yvonne McDonald, Finance Director or Ruth Chapman, Assistant Finance Director. City Website: http://www.palmbayflorida.org/ Finance Website: http://www.palmbayflorida.org/government/departments/finance-acct-btr-liens-passportspurchasing- CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Revenues – At a Glance February 2014 General Fund Revenues-YTD $70,000,000 $60,000,000 $50,000,000 $40,000,000 FY 2011 $30,000,000 FY 2012 $20,000,000 FY 2013 FY 2014 $10,000,000 $0 FY2014 YTD Change in GF Revenues as Compared to Prior Year Ad Valorem Taxes Local Option Fuel Tax Utility Service Taxes (1) Communication Service Tax (2) Franchise Fees State Shared Revenues Half Cent Sales Tax Licenses and Permits Grants and Other Entitlements (3) Charges for Services Fines and Forfeitures Interest, Rents & Other Revenues (4) Interfund Transfers & Other Sources (5) Prior Current YTD YTD $ 18,784,342 $ 18,760,885 623,665 629,340 1,883,852 2,083,287 957,370 775,869 1,167,415 1,206,925 705,043 774,255 1,260,637 1,308,137 493,266 507,079 133,122 38,788 1,017,636 1,012,662 225,914 222,088 266,852 132,343 2,626,298 572,034 $ 30,145,411 $ 28,023,691 Percent Change -0.1% 0.9% 10.6% -19.0% 3.4% 9.8% 3.8% 2.8% -70.9% -0.5% -1.7% -50.4% -78.2% -7.0% Annual Budget $ 21,960,744 3,506,071 7,712,620 3,185,818 4,883,798 3,531,973 5,281,011 581,902 199,748 2,884,029 480,500 532,860 4,147,823 $ 58,888,897 (1) Increase due to higher year-to-date collection of Utilities Service Tax. (2) Decrease due to lower year-to-date collection of Communication Service Tax. (3) Decrease primarily due to no year-to-date collection of Safer grant. (4) Decrease primarily due to derivative settlement received in FY13. (5) Decrease due primarily to FY13 budgeted transfer from Employee Benefits Fund not budgeted in FY14. 2 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Revenues-Monthly Comparison $25,000,000 $20,000,000 $15,000,000 FY 2011 $10,000,000 FY 2012 FY 2013 $5,000,000 FY 2014 $0 Monthly GF Revenues as Compared to Prior Years October November December January February March April May June July August September FY 2011 FY 2012 FY 2013 FY 2014 $ 1,040,621 $ 977,777 $ 1,048,437 $ 911,630 2,503,728 2,461,538 3,846,416 3,425,400 19,248,230 19,057,223 18,439,244 15,683,359 3,177,108 2,913,461 3,531,439 4,802,728 3,610,095 3,291,148 3,279,875 3,200,574 3,415,818 2,935,536 2,917,572 3,995,164 3,347,753 3,616,551 2,997,920 3,378,842 3,276,506 4,004,244 3,949,309 3,611,729 2,711,961 2,579,340 3,046,753 3,909,861 3,105,114 3,393,534 8,083,483 8,015,068 7,561,669 $ 58,698,233 $ 56,012,110 $ 57,569,724 $ 28,023,691 Overall General Fund revenues for the month of February 2014 have decreased $79,301 (2.42%) when compared to February 2013. The major sources of revenues for the General Fund are taxes, franchise fees, intergovernmental revenues, licenses, permits, fines, forfeitures and charges for services. With a recovering economy and most of the City’s revenues derived from ad valorem taxes, the revenue budget is essential for existing and critical City services. The City is conservative in budgeting revenues to account for the current economic condition. 3 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Expenditures – At a Glance February 2014 General Fund Expenditures-YTD $70,000,000 $60,000,000 $50,000,000 $40,000,000 FY 2011 $30,000,000 FY 2012 $20,000,000 FY 2013 FY 2014 $10,000,000 $0 Legislative (1) City Manager City Attorney (2) Finance Information Technology (3) Human Resources (4) Growth Management (5) Parks and Recreation (6) Police Fire Public Works Non-Departmental (7) Transfers (8) Prior Current YTD YTD $ 179,502 $ 230,870 349,152 336,485 255,099 331,408 656,024 676,705 527,239 651,147 140,328 159,611 200,047 222,446 1,214,519 1,353,849 7,493,581 7,654,928 5,353,141 5,473,512 1,740,904 1,745,253 498,251 1,613,575 2,735,364 3,119,871 $ 21,343,150 $ 23,569,661 Percent Change 28.6% -3.6% 29.9% 3.2% 23.5% 13.7% 11.2% 11.5% 2.2% 2.2% 0.2% 223.8% 14.1% 10.4% Annual Budget $ 543,153 879,922 824,879 1,653,633 1,632,776 443,018 584,845 3,780,659 20,225,875 13,426,056 4,686,039 3,804,979 6,403,063 $ 58,888,897 (1) Increase primarily due to new memberships in Florida League of Cities, National League of Cities, and U.S. Conference of Mayors. (2) Increase primarily due to increased year-to-date other attorney cost. (3) Increase due primarily to P.I.O. paid from I.T. budget in FY14 and to costs of website redesign. (4) Increase due primarily to increased year-to-date costs of salaries and training. (5) Increase due primarily to increased year-to-date costs of salaries, partially due to posting past Acting Director’s wages to Growth Mgt. (6) Increase due primarily to increased year-to-date costs in recreation programs and facility maintenance. (7) Increase due to Stormwater and Fleet transfers from non-departmental in FY14 instead of from individual departments in prior years. (8) Increase primarily due to increased year-to-date transfers to Debt Service Fund and $750k transfer to CIP as per BA#1. 4 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Expenditures-Monthly Comparison $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 FY 2011 $4,000,000 FY 2012 $3,000,000 FY 2013 $2,000,000 FY 2014 $1,000,000 $0 Monthly GF Expenditures as Compared to Prior Years October November December January February March April May June July August September $ FY 2011 FY 2012 FY 2013 FY 2014 3,344,227 $ 3,176,499 $ 2,928,572 $ 3,279,274 4,203,995 4,383,784 5,357,915 4,445,312 6,824,605 5,709,190 4,385,251 4,931,871 7,848,626 4,264,866 4,576,388 5,653,811 4,141,651 4,313,018 4,095,023 5,259,394 4,118,263 5,278,330 5,452,911 5,850,270 3,964,498 4,230,477 4,118,482 3,940,153 4,504,552 4,243,882 3,891,791 4,321,706 2,924,476 4,009,168 4,248,739 4,396,125 4,805,418 5,769,101 6,396,695 5,752,634 5,244,300 - $ 58,411,296 $ 53,489,350 $ 55,114,935 $ 23,569,661 February General Fund expenditures were $1,164,372 (28.43%) more when comparing February 2014 to February 2013. Year-to-date expenditures are $2,226,512 more. 5 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Expenditures-Budgetary Comparison by Category YTD Actual Debt Service $ 3,119,871.09 Personnel Operating Capital Contributions Transfers Reserves Total 16,316,193.48 4,095,229.37 38,292.38 75.00 $ 23,569,661.32 $45,000,000.00 $40,000,000.00 $35,000,000.00 $30,000,000.00 $25,000,000.00 $20,000,000.00 $15,000,000.00 $10,000,000.00 $5,000,000.00 $- YTD Budget $ 2,667,943 $ 17,353,635 4,372,025 79,904 18,333 45,200 24,537,040 Annual Budget % Spent $ 6,403,063 48.72% $ 41,648,723 10,492,860 191,770 44,000 108,481 58,888,897 39.18% 39.03% 19.97% 0.17% 0.00% 0.00% 40.02% YTD Actual YTD Budget Annual Budget The total budgeted expenditures for 2014 are $58,888,897 (includes encumbrances from prior year and 2014 budget amendments). Of this amount, $41,648,723, or 70.7%, is related to personnel costs. 6 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Cash & Investments – At a Glance February 2014 General Fund Cash & Investments-YTD $20,000,000.0 $18,000,000.0 $16,000,000.0 General Fund Unrestricted Cash & Investments $14,000,000.0 Prior Month Ending Balance $12,000,000.0 $ 18,196,916.21 FY 2011 $10,000,000.0 FY 2012 $8,000,000.0 Cash Increase (Decrease) (1,866,838.96) FY 2013 FY 2014 $6,000,000.0 Ending Balance 2/28/14 $ 16,330,077.25 $4,000,000.0 $2,000,000.0 $0.0 General Fund Cash & Investments General Fund Available Cash & Investments 0% 0% 1% 3% Code Nuisance Fund 0% February 2014 Ending Balance $ 16,330,077.25 HOME Grant Cash Advanced to Other Funds: Debt Service - 2008 Pension Bond Code Nuisance Fund (12,350.83) HOME Grant (32,497.81) Debt Service - 2008 Pension Bond CBDG Community Investment Program (46,622.00) (230,323.07) (426,522.74) Total Advances Total Available Cash & Investments CBDG 96% Community Investment Program Net Available GF (748,316.45) $ 15,581,760.80 7 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 General Fund Balance – At a Glance February 2014 PRIOR YTD CURRENT YTD REVENUES Ad Valorem Taxes $ Local Option Fuel Tax Utility Service Taxes Communication Service Tax Franchise Fees State Shared Revenues 18,784,342 $ 18,760,885 623,665 629,340 1,883,852 2,083,287 957,370 775,869 1,167,415 1,206,925 705,043 774,255 1,260,637 1,308,137 Licenses and Permits 493,266 507,079 Grants and Other Entitlements 133,122 38,788 Charges for Services 1,017,636 1,012,662 Fines and Forfeitures 225,914 222,088 Interest, Rents and Other Revenues 266,852 132,343 Half Cent Sales Tax Interfund Transfers and Other Sources 2,626,298 572,034 30,145,411 28,023,691 Legislative 179,502 230,870 City Manager 349,152 336,485 City Attorney 255,099 331,408 Finance 656,024 676,705 Information Technology 527,239 651,147 Human Resources 140,328 159,611 Growth Management 200,047 222,446 Parks and Recreation 1,214,519 1,353,849 Police 7,493,581 7,654,928 Fire 5,353,141 5,473,512 Public Works 1,740,904 1,745,253 498,251 1,613,575 Total Revenues EXPENDITURES Non-Departmental Transfers Total Expenditures 2,735,364 3,119,871 21,343,150 23,569,661 8,802,261 4,454,030 8,600,610 12,005,802 Excess (Deficiency) of Revenues Over Expenditures Fund Balance - Beginning Prior Period Adjustment Fund Balance - Beginning as Restated Fund Balance - Ending $ 934,175 - 9,534,785 12,005,802 18,337,046 $ 16,459,832 The minimum General Fund balance, as established by Resolution 2011-34, is ten percent (10%) of the subsequent fiscal year’s budgeted expenditures less capital outlay and transfers out as originally adopted by ordinance in September. The following is a history of the City’s General Fund balance. FY 2013 FY 2012 FY 2011 FY 2010 FY 2009 FY 2008 General Fund Balance - History Minimum Actual Fund Balance Required Fund Balance Percentage $ 5,059,293 $ 12,005,802 23.73% 4,941,647 9,534,785 19.29% 5,046,518 6,077,849 12.04% 5,223,284 5,790,912 11.09% 5,490,474 6,688,010 12.18% 5,811,769 5,915,136 10.18% 8 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Utilities Revenues – At a Glance February 2014 Water & Sewer Revenues-YTD $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- Water Sewer FY 13 - February FY 14 - February Overall year-to-date Water revenue in February 2014 has increased $149,553 (3.61%) when compared to February 2013. Overall year-to-date Sewer revenue in February 2014 has increased $207,225 (7.49%) when compared to February 2013. Fire Protection for FY14 was billed at 100% of the budgeted amount. The majority of the Fire Protection Service Charges are billed annually in November. Meter Installation Fees are recorded at 34% of the budgeted amount. Utility Lien Costs are recorded at 7% of the budgeted amount. Operating Interest Income is recorded at 12% at this time. The interest for Palm Bay Estates Loan ($25,003) will be recorded in June 2014. Excluding Fund Balance, the total FY 14 Operating Revenue is recorded at 32.90% of the budgeted amount compared to FY 13 which was at 33.16%. Water Connection Fees are recorded at 10% of the budgeted amount, and Sewer Connection Fees are recorded at 26% of the budgeted amount. Water MLEs are recorded at 9% of the budgeted amount, and Sewer MLEs are recorded at 68% of the budgeted amount. 9 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Water & Sewer Revenues-Monthly Comparison $1,200,000 $1,000,000 $800,000 $600,000 Water Sewer $400,000 $200,000 $February 2013 February 2014 Overall Water revenue for the month of February 2014 has decreased by $70,188 (6.16%), when compared to February 2013. Overall Sewer revenue for the month of February 2014 has decreased by $1,424 (0.18%), when compared to February 2013. 10 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Utilities Expenses – At a Glance February 2014 Water & Sewer Expenditures-YTD Overall expenditures (excluding encumbrances) are as follows: Actual Debt Service Personnel Operating Capital Transfers Reserves Total $ Budget - $ 2,895,853.94 2,108,253.68 61,836.06 3,125,250.40 $ 8,191,194.08 4,322,188 7,712,511 6,987,419 521,646 7,513,316 $ 27,057,080 % Spent 0.00% 37.55% 30.17% 11.85% 41.60% 30.27% $9,000,000.00 $8,000,000.00 $7,000,000.00 $6,000,000.00 $5,000,000.00 $4,000,000.00 YTD Actual $3,000,000.00 Budget $2,000,000.00 $1,000,000.00 $- 11 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Utilities Cash & Investments – At a Glance February 2014 Water & Sewer Cash & Investments-YTD $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 Feb-13 Feb-14 $- Overall the Water & Sewer Funds cash and investments were $0.7 million (2.5%) more as of February 2014 as compared to February 2013. 12 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Building Revenues – At a Glance February 2014 Building Revenues-YTD $600,000 $500,000 $400,000 Fees & Permits $300,000 Charges for Svc Misc Revenues $200,000 Transfers $100,000 $February 2013 February 2014 Fees and Permits revenue in February 2014 is down $275,152 (55.48%) from February 2013. Charges for Services revenue in February 2014 is down $117,646 (80.31%) from February 2013. Overall, Building revenues in FY 14 (at February) have decreased by $388,680 (60.38%) when compared to FY 13 (at February). The total FY 14 Building revenues are recorded at 24% of the budgeted amount compared to FY 13 which was 63%. 13 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Building Expenses – At a Glance February 2014 Building Expenditures-YTD Overall expenditures (excluding encumbrances) are as follows: Actual Personnel Operating Reserves Total $ $ 217,033.23 71,146.12 288,179.35 Budget % Spent $ 588,973 151,405 328,414 $ 1,068,792 36.85% 46.99% 0.00% 26.96% $700,000.00 $600,000.00 $500,000.00 $400,000.00 YTD Actual $300,000.00 Budget $200,000.00 $100,000.00 $Personnel Operating Reserves 14 CITY OF PALM BAY, FLORIDA MONTHLY FINANCIAL REPORT FEBRUARY 2014 Building Cash & Fund Equity – At a Glance February 2014 Building Cash & Fund Equity-YTD $1,200,000 $1,000,000 $800,000 $600,000 February 13 February 14 $400,000 $200,000 $Cash Fund Equity Overall the Building cash was $19,088 (3.3%) more as of February 2014 as compared to February 2013. Overall the Building fund equity was $4,781 (0.5%) more as of February 2014 as compared to February 2013. 15