okay betty can you hear me yes councilmember tate we could hear you very well okay thank you you guys ready good evening welcome to the regular meeting of the cape coral city council today is april 20th 2022. this meeting now comes to order please stand for the invocation and pledge allegiance by councilmember nelson thank you mayor please bow your heads heavenly father we thank you so much for this opportunity to serve our beautiful city and our residents we ask today that you keep the family and friends of former council member rick williams in everyone's prayers and and we want to also say to you lord to comfort his family and his friends we ask that you continue to keep our first responders safe we ask that you continue to keep all of us walking your path with courage and faith and love and light in your son's name we pray amen amen pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all madam city clerk please call the roll yes your honor before i call roll i would like to announce that council member long has indicated he will be arriving after roll call and i will mark him excused mayor gunter here council members cosdon here hayden nelson here shepard here tate here welsh here seven present one excused thank you is there a motion to allow council member tate to appear remotely so moved any council discussion madam city clerk please call the roll nelson aye shepard aye tate i welch aye costin aye gunter aye hayden aye seven eyes motion carried okay thank you item five as changes to the agenda uh the only change that i would like to move is under 90 new business naming of the new fire boat i would like to move that up until directly after citizens input is there any other changes to the agenda or items to add is there a motion to approve the agenda with the change so moved second adam city clerk please call the roll nelson aye shepard aye tate i welch gunter aye hayden aye long aye eight eyes motion carried item sevens approval of the minutes do we have a motion to approve the minutes from the regular meeting of april 6 2022 so moved check it any discussion all in favor say aye aye any opposed motion carries next item on the agenda is item eight uh i'm sorry council member shepard i see your light on oh i wanted to bring up to have an extension for uh voting for the charter school board give more time for more people to apply so we would have to add that to the agenda maybe under new business or business madam city attorney since we've already approved that agenda what will we have to do well he can move to amend it but i'm sorry i didn't hear what he said in terms of what his changes what is the change i wanted to be able to advertise a little longer to get more applicants we really didn't for the charter school governing board i think maybe that's something that can be discussed when the item comes up okay that uh he has concerns about actually uh committing to the appointment tonight okay would that satisfy your questions okay all right we'll have that discussion first once we get to that item council member nelson i see your light on well i was gonna i was gonna respectfully disagree but if we're gonna wait and talk about it during that i'll hold my thoughts all right then uh item eight of citizens input a maximum of 60 minutes is set for the input of citizens on matters concerning city government three minutes per individual please remember to state your name you have one opportunity to participate in citizens input anyone that wishes to participate we will utilize the podium to the left in front of the double doors please come forward mayor and council my name is jerry presley i am president of u.s operations for creative outdoor advertising of america our address is 8875 hidden river parkway suite 300 tampa florida i'm coming before you today to speak in regards to consent agenda item a4 resolution 70-22 which is the approval of an inter-local agreement between the city of cape coral and lee county or lee tran which is designed to authorize a contract between the parties for the provision of public seating services with advertising at area bus stops we have previously submitted comments and concerns to the city writing a letter back in june of this year expressing our disapproval of this initiative and effort we've made it very clear that our opposition is based on the grounds that the proposed contract clearly violates the statutory attempt statutory intent of florida 337.408 which exploit expressly states that gov that a governing authority where such infrastructure is to be placed meaning the city of cape coral can only legally authorize a qualified private supplier to provide the proposed services for more than 70 years in the state of florida public seating has been provided through unique public-private partnership initiatives here in the state of florida and for more than 60 years the legit state legislature has enshrined within this florida statute this requirement of encouraging the public-private partnership initiatives for the provision of the public seating under this contract the city would be entering into an agreement with lee county and or lee tran or via liatran and lee county is not a private entity it is a public entity and because it is a public entity it is not qualified under the private public partnership initiatives created by the state legislature under this initiative to be providing these services coa is a private company we have offered to the city over two years ago to fully uh renovate the public seating program on behalf of the city replacing all of the old infrastructure with brand new modern metal infrastructure that was fully compliant with ada and fdot safety design standards at absolutely no cost to the community and that initiative was rejected earlier this year so that you guys could enter into this public partnership agreement with the county uh simply because the the city wanted to abdicate its responsibilities and authorities that can only be granted through the florida statute to grant it over to the county and so with that we actually we respectfully request that the city discontinue the pursuit of this and allow for the private public partnership initiative to go forward as you've done for over 40 years in this community thank you thank you oh good afternoon mayor city council lou navara 48 year resident cape coral i'm here to talk about dual water we can't see the picture because i didn't get to see ms bruns but i've got land front property now beach property because the lakes are so far down and that's the fault of the old councils and you too in 1991 we were told we would never have to bother with dual water it was unlimited every day now i heard you want to make it once a day you need to fix that you've disregarded the environment you just don't really care now mr mczirkowicz was mayor and he will back up and i have respect for that man i may not care for everything his business does but he's smart he knows we had unlimited water but you keep changing the rules because you've just gone berserk with building and there's no care for the environment i'm going to suggest that you change it the people that had to pay in 1991 we should get unlimited water and then you take that back fairly and if you want it once a day voila start it with your next assessment i was disappointed with the tax on electricity that you did we spoke about it uh some people can't afford it they live on 550 kilowatts why couldn't you have talked to joe mazurkowicz he's on the money council for the school board but you don't want to negotiate with anything you know what the same is going to be if we can't negotiate tax them and that's us the city constituency here we're tired i'm tired of the taxes maybe they like them i have no idea mayor but you all just go in and number eight says here this is a real funny one and sorry kimberly there's a picture there's no discussion for the uh i'll find it give me a second here anyway for the 10 minutes to petition the board well mayor you shot me down and i didn't like it and when i wanted to talk to you you said you wouldn't even consider what i wanted to talk about i had a lot of issues and you gave me 15 minutes real magnanimous of you mayor and council i'm going to rescind my request i don't expect to be turned down first amendment we have a right you all make up these silly rules in violation of the charter we can't show you this paper because it's got to be signed i might have said a bad word on it we can't say mayor gunther no we thank you might as well call you guys your majesty thank you you're quite welcome this isn't going away though mayor or council you're moving in the wrong direction thank you mr navarre yes you're welcome anybody else wishing to participate in citizens input seeing none citizens input is now closed is there any council discussion on citizens input council member nelson thank you mayor um just to for the public purposes to comment on the last speaker i don't think there's anybody up here on this council who doesn't care about the environment including water quality because all of us realize the detriment to having not pay attention to environmental issues that it will cause to our local economy because of our eco-tourism that we have our beaches our waters our canals and our boating so i just wanted to say that publicly i know that our mayor works very hard with the task force of other mayors along with county commissioners to bring especially water quality issues to the to the forefront and yes i think that we are paying attention to the environment when we are asking folks to conserve water and asking folks to utilize a schedule when watering their lawns thank you mayor thank you any other discussion council member long uh madam city attorney i think i know the answer but i'll ask anyways am i to assume that because this item is on the consent agenda with regards to the bus advertisements that the city attorney's office position is different than the gentleman that spoke with regards to the city's violation of the statute as written it is we do have a different opinion please note that the statute is untested there has been no case interpreting it however the interlocal agreement that you have before you is very much in line with the other municipalities in the in lee county uh so it would not uh we would not be taking a different position than theirs none of theirs have been challenged which doesn't mean that ours would not be but as i said the statute is untested but we do have a different interpretation than via the gentleman who spoke thank you any other discussion okay seeing none we'll move on to item 9a is the consent agenda i'll now open up the consent agenda for council to pull any items for discussion that's right i'm sorry i didn't make that new i appreciate you bringing that to my attention we'll now move to item 9d new business naming to the new fireboat i apologize uh chief lamp so we'll give you the floor for the next topic of discussion good evening mayor council ryan lamb fire chief um thank you for uh taking this item up thank you to the city manager for the review of it as well we're grateful to have a new fire boat as part of the city resources and response it's a great boat again thank you for your support in getting it naming fire boats is something that hasn't been prevalently done in our fire department but it's something done nationally and i think it's something that's important if you look around most uh military and paramilitary organizations uh naming boats it's a tradition it's uh some considerate luck and a tradition to do and so typically we look at those boats they're named after important people that are associated with the service of that boat and so the proposal that is before you um for your consideration tonight is to name that boat in honor of uh retired battalion chief todd rigoni and we're grateful to have todd here with us tonight todd retired from the ccfd after 30 years of service to to our city he's also a air force veteran proud air force veteran he's got tattoos to prove it so under todd's time here with the city he worked in many capacities eventually promoting to the rank of baton chief assigned to special operations i had the privilege of working with him as a supervisor during that time and know that this was one of his last projects that he took on was looking at replacing these boats noticing where our boats were the disrepair and he would personally go out and continually work on on fixing those boats and making sure they were up and ready and identifying based off of his marine expertise the things that needed to be put into our new boats and so he was the inspiration behind these boats that now we get to see his reality this was his dream his passion that we we get to see come forward so we i believe it's a fitting uh that this boat be named in his honor our plan is that if city council provides direction tonight and it comes back for introduction and ordinance hearing uh on the 18th that uh shortly thereafter we would have an in place or a ceremony of putting that boat in service with the environmentally sensitive bottle to christen across the front of the boat and in future we know we also have another boat coming and we have a proposal for that for one of our line of duty uh deaths that uh want to recognize it's important for our city and especially the fire department to make sure we honor and have a good tradition and heritage uh to make sure that those in the past don't just drift away with it that we can honor those people that gave a lot to our city thank you for the consideration thank you madam city attorney sounds like that the chief is looking basically for a consensus tonight well you can vote to give the city attorney's office direction to prepare an ordinance that would name the uh fight the fire boat in accordance with the chief's request okay uh first i'd like to thank uh you for all your service to our community and your dedication over the years and i think it would be fitting to be able to name the fire boat after you because of all the service that you did to our city so thank you very much so i would definitely be in favor of it i'll make that motion any discussion madam city clerk could you call the roll please nelson i sheppard hi tate i welsh hi carsten i gunter i hayden aye long aye ay diaz motion carry and i look forward to being at that ceremony thank you [Applause] okay we'll move on to uh item 9a is the consent agenda i'll now open the consent agenda for council to pull any items for discussion or if there's no items to be pulled is there a motion for approval motion to approve the case sounds like we have a motion council member tate are you a second i am okay any discussion seeing none madam city clerk please call the roll nelson aye shepherd hi tate aye welch i constant i gunter aye hayden aye long life a dies motion carried here we'll move on to item 9b appointments to boards and committee b1 is the audit committee we have two vacancy we have a regular meeting member vacancy and a alternate member vacancy madam city clerk yes your honor we received three applications for the appointments this evening and all applicants are present today we have jill hyatt susan lewis and harvey wolfson please note for miss hyatt she is a current member of the grievance committee and will require a two-thirds vote if she is selected if council would like i can call the applicants to the podium for an interview yes please do uh do we want to give one or two minutes one minute so we'll give each candidate one minute okay all right jill hyatt hi i'm jill hyatt i used to be on the audit committee i was a previous chair and a vice chair and then i took some time off and i'm on the grievance committee but we have never met in the eight years or whatever i've been on and i'm not even sure how long i've been on it and i was contacted by the current uh chair because there were some openings and she wasn't sure there would be enough applicants and i expressed interest so here i am again if you have any questions i'd be happy to answer them any questions for the applicant see none thank you very much ma'am susan lewis hi i'm susan lewis i moved here permanently in may and have owned a condo here for three years i retired as the chief financial officer of a native american museum in indianapolis indiana who are not for pro they were a not-for-profit the idol juror museum of american indians and western art um and i was the audit liaison for the 23 years that i worked there and currently i am the treasurer of our bluewater cove condo association and just have an accounting background oh i'm a cpa indiana cpa and just was able to become a florida cpa recently thank you is there any questions for miss lewis councilmember nelson so ms lewis you you've said you've owned property here for three years yes so you would come back and forth and you just moved here permanently yes welcome well i'm really grateful that you applied for this board i always like to see when we have new faces not to disrespect any of our folks over here who've who've done their duty and been volunteers but i really appreciate you applying thank you mayor any other discussions from council okay thank you ma'am harvey wolfson hi good afternoon my name is harvey wolfson and i've been a member of the audit committee oh probably for the last 10 years i was chairman of the audit committee for two or three years i was also on the budget review committee so i'm very familiar with the uh with the city of cape coral i lived here for uh eight years excuse me i've lived here for uh 12 years now and i'm a certified internal auditor i am a certified fraud examiner and a systems auditor if you have any questions or comments please any question for the applicant okay cnn council member nelson thank you okay thank you very much okay uh madam city uh clerk it looks like uh that's the only three applicants and we have a regular members position that's open and an alternate so i guess what we'll do is go down the list for the regular member first and the voting order that we have tonight yes sir nelson wolfson shepherd wilson tate wilson welsh wolfson constant wolfson fenter wolfson hayden wolfson long wolfson so that is eight for wilson okay do we have a motion to appoint uh mr wolfe so moved second that's for the regular member position correct okay madam city clerk please call the roll nelson aye sheppard aye tate aye welch aye constant aye gunter aye hayden aye long hi eight eyes motion carried okay now we'll go down the list for the alternate position nelson lewis shepard lewis tate lewis welsh lewis costan lewis gunter lewis hayden all right so that's one for hyatt and seven for lewis make the motion to appoint miss lewis as the alternate second any discussion madam city clerk please call the roll nelson aye shepherd i eight eyes motion carried and miss height thank you very much for putting your name in as you know we have many committees throughout our organization so please feel free to apply for one of the other committees or a future position on this audit committee so thank you okay the next uh item is the charter school governing board i know council member shepard had some uh discussion he wanted to have prior to uh this topic of discussion so i'll turn the floor over to him to start with i just think this is a very important position the board for the charter school and i believe that the amount of time that it was advertised was too short when someone sees a position like this advertised i think it takes a lot of thought before they apply because of the type of position it is it's it's not a quick decision that someone can make you know in a couple days and because we don't have an abundance of people applying we only have two for the two i thought it would be a good idea to give it a little bit more time advertising it i've had people contacting me with interest but they said it was too late to apply because of such the short span of advertisement and time to get in their application so i don't think it's going to hurt anything by extending the time and and that's my only reason i'm not against the people that already applied i just think it's an important position and uh i want to give more people the opportunity and and time to vet it and uh and apply and that's it mr mayor may speak when you get a chance yeah hold on madam city clerk could you inform council exactly the process that you utilize to advertise this position in the time frame so the charter school governing board is handled by the charter school and the oasis representatives and they have forwarded the information to us that they advertised in the breeze two times in february and four times in march it's also posted on the city's website and a social media outlet goes out at the first around the first day of each month to notify so that would have been a notification for march and i believe for for april 1st as well we collect applications and are available when they when residents call with any questions so it sounds like we started the process and sometime in february 23rd february 23rd and ended roughly the 25th actually i don't have the exact date but we under council direction we post all vacancies for a minimum of 30 days okay all right council member nelson thank you mayor um i respectfully disagree with you council member shepard because of the reason that the city clerk just stated in that this position was adequately advertised and i would agree with you if we didn't have two incredible applications i mean miss adezel i hope i'm saying that correctly she's a public defender i mean that's awesome and i understand possibly a parent so bonus bonus and dr minaya double bonus i mean do you do you know him i mean he is amazing and he's already the chair and he's done a fantastic job so with that i mean if we didn't have these two stellar candidates i would wholeheartedly agree with you but we do so i'm i wouldn't support it i'm i'm gonna support putting these two on to let them do their fine work because they bring much needed diversity to this board and their backgrounds clearly tell me and everybody that they can handle all walks of life and they have that experience and i i think it's needed so that's it thank you mayor member welsh thank you mayor um i'm going to pretty much second what councilwoman nelson said not as emphatically i wanted to add that although they both qualify for the positions i do see dr manaya as one as a disney business community member more so than a public defender since he has a business here in cape coral so my recommendation with these two applicants would be to put dr manaya on the business community member and estelle as the community large member thank you councilmember tate thank you mr mayor first of all i would disagree with council member shepard it was advertised for more than a month and a half and if you include the advertising on our website it was much longer secondly we have a board meeting coming up on may 12th and we have a budget workshop for the entire year coming up it is imperative that we have qualified applicants which you can see in front of you to attend this session and we cannot wait to advertise longer when we're working on our budget for the coming year as you know we've we've moved up our budget schedule so it's imperative that we have active board members dr manaya is the chair of our board and does an outstanding job we must have him as a board member to lead our budget discussion and the other candidate is extremely qualified as well as being a parent and very active in the school so i would support both of these applicants and i would uh hopefully request that this council move forward and not deny these applicants at this time thank you thank you any other discussion council member shepard no just once again like i said at first i i'm in no way saying that the candidates that we have already aren't fabulous that wasn't my intent what i was basically responding to is citizens that came forward that thought it wasn't advertised long enough so you know a lot of people don't read the breeze uh you know a lot of you know advertising is changing where people look at social media things like that so i just you know as a representative of our citizens i just wanted to make sure that we were vetting thoroughly so there was no intent against the applicants here it was just if it wasn't a big deal to add 30 days i didn't you know then it wouldn't be a problem but if my fellow accounts members think that 30 days is really important then you know i agree council member long uh madam city clerk can you you might have already said it can you um stay when did the application period close for this particular so i apologize i don't have that detail handy but typically once it's in the newspaper for the last run it's at least one more week so the 325 date i would just i would make so that's typical that you would leave about a one week buffer from when we see it yes okay thank you okay it sounds like a majority of council uh is willing to to move forward today so that's what we'll do unless someone wants to make a motion we'll continue we have the charter school governing board apparently it's uh two vacancies we have two applicants madam city clerk so i heard a recommendation from council member welsh but i haven't i'd oh second oh sorry go ahead i'd like to make the motion of a point uh dr monae as the business community member and the other applicant as the at-large member i'll take it any council discussion seeing none madam city clerk please call the world nelson aye shepherd aye tate aye welch aye constand aye gunter okay we'll move on to item 9c unfinished business any follow-up items for council i don't see anything listed does council have any follow-up items seeing none we'll move on to item 9d which is new business for the naming of the boat we moved that up earlier so we've already had that particular discussion 9e personnel actions we do not have any listed we do not have any petitions to councils listed so we'll move on to item 9g follow-up items for city management g1 is water quality up to date mr city manager thank you mr mayor members of city council it's time for your regular update on water quality issues surrounding the cape so i'm going to ask the staff from the public works department led by michael ilchin the public works director and dr maya robert to come to the podium and provide you with the latest report thank you good evening mayor and council maya robert public works the stage of lake okeechobee is recessing and uh it's a good news because uh with that comes uh less discharges for this summer um and so we've been very happy with what the corps have been giving us they've scaled back the releases further last friday to account for spawning of fisheries resources and so there's no blue energy uh blooms on the lake or along the kalosah river no red tide in southwest florida at the moment and um so um this month has been declared a water conservation month by the south florida water management district and the city is partnering with the district and we really encourage residents to adopt the district's tips to conserve water as you may know about 50 percent of the state resources are dedicated to irrigation and we encourage the practice of florida friendly landscaping practices to conserve water there will be a manual native plant sale at rotary park this saturday and there will be information regarding this program thank you for any question thank you any uh questions for the word of karate mr alchism good evening mayor council just a quick update on the bubble curtains as you know we have 10 sites that we are permitting through the core to install curtains staff has initiated the upland work so this is just some a quick update on the upland work two of the 10 sites have all of the electrical components installed have been inspected by our city inspectors have passed inspection and have electrical meters on site so those two are ready to go three of them have had the electrical work installed city passed inspections we're just waiting on meters from lcec uh that that's fi so that's five out of the ten two of them have the electrical work installed and awaiting inspection once the inspection pass we'll put those uh forward to lcec to be to put the meter in and then we have a couple of properties on the very north end of the system that the state the dp believed that they were basically on we were on state property so we we haven't been able to do any up on work there yet until we get the deps you know clearance that we're not we've provided them information in the request for additional information that our stuff is going to be outside of their property but their survey team is still kind of wrestling with that but we're we're moving right along we're basically on hold for a couple of inspections and a couple of meter drops and that will take care of basically eight out of the ten sites that we could get as far ahead as we could and as soon as the dep uh releases the the last two at the very north end of the system we'll make that work done and then we're just waiting on the the core to release for the internal in water work thank you any discussions from mr rochester okay thank you for the update before we move on to public hearings uh madam city clerk you gave me a note regarding an individual that making some type of request do you know what the topic of discussion is i did not your honor a resident came to us before the meeting started and asked for the process for speaking we shared that citizen's input is on number eight on the agenda and that there's a certain time frame that and it's at the beginning of the meeting and um i think he must have stepped out of the room and missed the time frame and he has approached the clerk's desk to see if he can still have an opportunity to speak so i put it to you madam city attorney is there any problem with giving this even though we've closed citizens input can we uh open that back up for discussion and let this resident at least have his three minutes that's a matter for the council if the council wants to uh go ahead and allow it you can okay does the council have any problem with that you know i figured the individual at least made this for this individual yes no problem with that sir you have three minutes please stand at the podium you're the individual that right there at the uh podium you're the individual corrected uh for reconsidering me i'm not really familiar with how this please state your name to start with uh okay it's uh dan agostino 3810 southwest 7th place 33914 the corrosive quality of cape coral tap water that causes constant calcium damage i have to replace all the fixtures every one to three years a chemical reaction caused by calcium attacks to glue connection at the main line this happened two times a plumbing leaked six months ago and a second leak recently due to a recent billing changes i never received a march 10 bill in a timely fashion that was suspect of a leak until it was too late as a remedy i was given a charity form to pay the bill i'm returning the money because it's not fair for a charity pay for this i am asking the city to eliminate a time limit on leaks caused by calcium i am also asking the city to meet the citizens halfway 50 50 on the loss i have a quick survey i can have a showing of hands do you drink bottled water and filtered water most of the time please raise your hand if you do i'm addressing everybody okay do you drink tap water most of the time do you think that city tap water is safe to drink i grant the remainder of the time to the city council and the people in this room for questions i'd like to hear some kind of response it would be nice it's not a funeral there you go i got two minutes left a minute 15 seconds but uh is that very hard of hearing i'm sorry is that all your input because what i'll do is ask staff yeah i'm asking for for a raise of hands for you know some kind of reaction from everybody what do you think about that well we we don't have that type of discussion unless a specific council member would like to weigh in on your topic of discussion they may if not maybe we'll direct you to staff uh your concerns to staff to address any concerns that you may have what is sap staff or the the men and women who are employed here at the city of cape coral well uh employees i spoke to bill boyd and he has no control over the problem and he said to go to city council yeah i just want to answer i just don't think it's fair i have to go to a charity to pay for the bill i think that the city should meet the people halfway on a loss of water due to calcium corrosion okay and it happens constantly let's give council member shepard the opportunity to weigh in on yours well i will and this is not a two-way conversation you've already had your three well you know i'm not familiar with the process please excuse me and forgive me okay good council membership that's all i wanted to say is that our our water is very safe but the type of water it is it's it's it's hard and and that's why some people have to buy softeners but i'm sure that someone from uh water department can can talk to you and educate you on our water so you have the confidence that it's safe the other problems someone from staff can probably educate you on but i want the public to know that we have very safe clean water and that the things you're experiencing or the nature of our water that someone can explain to you you know why why it's hard on on our plumbing mr city manager can you get staff to get with this individual mr mayor we're happy to have mr jeff pearson and his staff speak to this gentleman um outside okay thank you thank you just step outside staff we'll talk happy to talk to you okay we'll move on to uh public hearings item 10a we have ordinance 30-22 madam city clerk please read the title ordinance 30-22 an ordinance providing for the annexation of a parcel of land lying in section 16 township 44 south range 23 east lee county florida as more particularly described herein providing for redefinition of city boundaries providing for city of cape coral fire department and utility services providing for severability and an effective date due to the nature of this matter anyone wishing to speak or provide testimony must be sworn in do you soundly swear or affirm to tell the whole truth and nothing but the truth i do thank you chad okay good morning mayor city council for the record chad boyco principal planner with the city's playing division this is ordinance uh for an annexation privately initiated okay the applicant for this is cctc fee owner llc the size of the site is 2.65 acres it's a little bit north of highland road and west of burnt store road the urban services area would be in the transition upon annexation and then the applicant's request is to annex one parcel into the city of cape coral boundaries some quick findings of fact for you the site is undeveloped and consists of one parcel it's land locked however the site is owned to the the site is has shares ownership with a large parcel that is located to the west it is anticipated that this parcel would be incorporated into a future development at that site it's adjacent to the city on three sides the north the east and the west to the south there's still a parcel that is within unincorporated lee county the applicant has stated a desire to develop commercial uses by assembling this into land owned by that neighboring parcel and then they have also filed a future land use map amendment to bring this parcel into the pineland road district's future land juice classification for service provisions the city of cape coral utilities department has stated that sewer service is available to serve this site and we have also received a letter from lee county stating that they will relinquish any right to serve this property for for sewer the site is served by the greater pine island water association and there's a length of time where they have the ability to serve this site in the future they could however choose to also relinquish that right to serve and then the city of cape coral would serve that site with water the police department say that the annex site will be served by the city's police and likewise the same will be done with the fire department they have capacity to serve this site as well saf's recommendation is approval and i stand by for any further questions i know a public hearing if there's anyone wishing to speak on ordinance 30-22 please come forward good evening linda miller vice president of avalon engineering representing the property owner cctc fee owner llc we're excited about bringing this annexation forward to you tonight it is only 2.65 acres but it will be combined with a another 128 acres for a large mixed use development town center kind of development that we're working on this is one of the first steps that are required for this we'll bring a land use map amendment forward a rezoning map amendment forward and a re-plat prior to getting site plan approval and building approval uh we stand by to answer any questions you may have and ask for your approval thank you is there anyone else wishing to speak one city council i just one point of correction in my presentation this site is actually east of burnt store road i think there was one slide where it said that it was west of burnt store road so i just want to make that correction and get that on record yes sir anyone else wishing to speak one ordinance 30-22 please come forward see a nun public hearing is now clues is there a motion to approve ordinance 30-22 i'd like to make a motion to approve ordnance dash 30-22 second is there any council discussion seeing none madam city clerk please call the roll nelson aye sheppard guy tate i wills aye constant aye gunter aye hayden aye long eight eyes motion carried thank you ordinance 36-22 madam city clerk please read the title ordinance 36-22 an ordinance amending ordinance 132-05 as amended by ordinances 31-12 and 48-19 which approved a planned development project in the city of cape coral florida entitled judd creek that established the judd creek preserve subdivision on property described as a tract or parcel of land situated in the state of florida county of lee lying in sections 3 and 4 township 44 south range 24 east together with lot 22 lot 27 and lot 33a mariana park third edition as more particularly described herein property located at the southeast corner of northeast pine island road and barrett road approving the removal of property described as tracks 1a 1b 2a 2b 3a 3b 6 7a 7b 9 10 and 11 judd creek preserve lot 22 mariana park and lot 8 b springs at cape coral as more particularly described herein from the planned development project providing for findings of fact and conclusions of law providing for action on requests and conditions of approval providing severability and an effective date this is a quasi judicial hearing anyone wishing to speak or provide testimony must be sworn in please raise your right hand do you soundly swear or affirm to tell the whole truth and nothing but the truth i do thank you good evening mr sturvey good evening mayor council members for the record mike struve with the city planning division my credentials are available through the city clerk's office this case involves a private request to eliminate or remove a property from the judd creek plan development project or pdp three owners making this request are listed on this slide the area requested to be removed by these three owners collectively is about 155 acres and constitutes about 80 percent of the land area within this pdp i think most of you are aware of where judd creek is but it is located in eastern cape coral has frontage along pine island road and is located just west of uh us-41 this aerial slide here shows the judd creek area outlined in red there has been a couple of projects that have gone through permitting and have been approved one multi-family project located on the west side of the project known as the springs development there's actually a second project that has also received approval south of that project called colusa creek which is also a multi-family project and then one site smaller site located on the north side of the project area which is a racetrack convenience store and gas station jed creek was originally proved back in 2005 it was a mixed use pdp consisted about of about 192 acres like a lot of the larger projects that were approved during that time period it stalled and sort of languished for several years in 2012 that project was amended and that amendment consisted of re-planning a portion of the project area and approving a gas station use where the race track development is now located more recently the project was again amended in 2019 and that approved a replat of track 8 which was a large or is a large multi-family track on the west side of the project area and also approved of construction of the springs development and likewise later on the colusa creek development there are maximum development standards that are established for the jud creek preserve both by ordinance 13205 and also by the judd creek sub district and while the numbers are somewhat similar they do differ and this applies to development in a collective sense the jud creek pdp caps the number of residential units that can be developed collectively throughout the pdp at 1100 dwelling units and caps the amount of commercial development that can occur across the project area to a total of two hundred thousand square feet the judd creek sub-district which is separate from the pdp and appears in our comprehensive plan has somewhat similar caps but does allow for for greater numbers of dwelling units 1170 and allows for a maximum of 250 000 square feet what this means is if you were to approve the developer's request this evening the caps established by ordinance 130 205 for judd creek would be eliminated but the developers would need to comply with those caps for residential density and commercial intensity that are still established in the judd creek subdistrict this is a zoning map showing the various zoning designations that are represented within the project there's about 117 acres that are zoned rml or residential multi-family low indicated in the brown about 50 acres that are zoned ag indicated in the green and about 25 acres with commercial corridor zoning that is indicated in the pink you'll also notice that there is a green line around the judd creek area that demonstrates our or shows our 500 foot proximity boundary and i point that out just to mention that this shows the the area in which we mailed notices to we mailed notices to all property owners within the project area itself and then to all property owners within 500 feet of the project area most of those owners live in unincorporated lee county in addition to that we also mailed a letter to lee county department of community development is required by our code we posted signs on the side and we placed an ad in the newspaper which is also required by our regulations this aerial is very similar to the one you looked at earlier but this more clearly shows the areas that are requested to be removed by the developers all the areas that you see here in red would be removed from the judd creek pdp the areas that show up as clear or unfiltered parcels are the areas that would remain in the pdp and there are three different tracks that would remain within the pdp if the developer's request is approved this evening one is the springs development on the west side of the project the second is the racetrack development referred to earlier and then the third parcel is a much smaller parcel it's directly adjacent to the race track parcel to the east and it's a small right-of-way track that is improved and leads to the signalized intersection there are several issues you may want to consider as you debate whether or not this request should be approved jed creek originally was a unified project it was owned by a single property owner and that was real mark jed creek llc over the years that various pieces of of the jed creek development have been sold off to different entities and now they are there are currently five different property owners in that development and to some extent what that means is is that these different property owners have different visions on how their property should be developed and some of those visions do not comport with the existing development orders that are in place it doesn't mean that they're trying to develop those properties inconsistently with our land use and development regulations or with our comprehensive plan but in some cases it does mean that they are looking to develop their properties inconsistent with the master plan that was approved originally for that judd creek development in terms of the style of the development or in terms of a particular use in a particular zoning district uh staff has evaluated this request and and we found that access to the judge creek parcels will not be affected should these properties be eliminated utility services will not be affected this request will not create any non-conformities and by that i mean it will not create any illegal or non-conforming lots or uses and to our knowledge will not create any non-conforming buildings eliminating the conditions in the existing development orders should not have a harmful impact on properties either within the project area or outside the project area and should this request be approved future development as well as redevelopment in the judd creek area for those properties that are eliminated from the project area would be governed by the provisions appearing in the land development code as well as those caps on residential development and commercial intensity that appear in the judd creek sub-district in our comprehensive plan staff is recommending approval of this request we have received one phone call concerning this case and that was from an individual just wanting more information about this particular request and i'll stand by in case you have questions for me later thank you i now open up public hearing if there's anyone wishing to speak ordinance 36-22 please come forward good evening neil montgomery for the record representing the property owners we do concur with the staff report and would seek your approval as mr strewer indicated two of the developers are in the process and they can't get final approval until you all approve this and they're seeking multi-family that multi-family is consistent with both the pine island road district and the multi-family comp plan and zone if you have any questions we're here to respond thank you thank you okay is there anyone else wishing to speak one ordinance 36-22 please come forward seeing none public hearing is now closed is there a motion to approve ordinance 36-22 motion to approve ordinance 36-22 is there any council discussion cnn madam city clerk please call the roll nelson aye shepherd aye tate aye welsh aye carsten aye gunter aye hayden aye long bye eight eyes motion carried okay we'll move on to ordinance 33-22 madam city clerk please read the title ordinance 33-22 an ordinance amending the city of cape coral five-year schedule of capital improvements for fiscal years 2022 through 2026 providing severability and an effective date good afternoon mr white good afternoon for the record why adultery playing team coordinator of the city's planning division my credentials maybe obtain the city clerk's office i do not have a presentation for you today as this is just an ordinance uh purpose of which is to update the schedule for capital improvements this is a state mandated action we're supposed to do this annually per section of florida statutes chapter 163. so that's really all we're doing purpose of which presumably is to provide better information for the public just to know what the future schedule capital improvements are this doesn't this uh is derived from the capital improvement plan which is a segment of your budget you update this annually uh there are no changes it's just really a reflection of what's in our budget today i'll stand by for any questions thank you i know public hearing if there's anyone wishing to speak on ordinance 33-22 please come forward see a nun public hearing is now closed is there a motion to approve ordinance 33-22 motion to approve 33-22 their second second okay is there any discussion from council cnn madam city clerk please call the roll nelson aye sheppard guy tate i welsh gunter hi hayden hi long eight eyes motion carried we'll move on to ordinance 31-22 madam city clerk please read the title ordinance 31-22 an ordinance providing for a referendum to consider the adoption of an economic development ad valorem tax exemption providing for purpose intent and authority to grant such exemptions calling a referendum to grant such exemptions to be held in conjunction with the general election scheduled for november 8 2022 providing a ballot title and summary for the referendum providing severability and an effective date good evening hello hang on one second here okay there we go thank you very much connie barron assistant city manager this uh ordinance tonight is to authorize placing this item on on the ballot for the decision of the voters uh it does not enable the program itself that will come back to the city council to enact if the voters do approve this in november i just wanted to quickly go over the presentation that i provided to you at a committee the whole meeting uh just a few about a month or so ago so the economic development ad valorem tax exemption this is basically a tool that's provided through the florida constitution there are several cities communities throughout the state of florida that have the economic development and valorem tax exemption what it does it does provide exemptions to developers of specific projects and it offers a limited exemption from the payment of your property taxes and there are certain restrictions that we build into the economic development and alarm tax exemption as i noted initially this has to be approved by the voters there are certain businesses that will be qualified for this exemption manufacturing technology light industry those types of businesses would be the ones that would be eligible for this if they're looking to invest in the community basically the way that the program will work is if you have an eligible person or business they will apply to the city manager the city manager will review the application and if it meets all the parameters of what we are looking for then he will send that completed application to the property appraiser now the property appraiser will look at the city's ad valorem tax revenue they will see what our ad valorem tax revenue is due to us in a specific year they will look at what we may have already committed to any other business any other exemptions we may have granted and then they will estimate the amount of revenue that would be lost to the city should this exemption be granted if it falls within all of the parameters that council has approved then this particular application would come back to city council for approval the criteria there are basically three tiers it's that a business can fall under those three tiers it's mostly related to the average private sector wage the annual private sector wage so depending on exactly what the business or developer will bring to the table will determine how much they are eligible for and the amount of time that they are eligible so if you look at just as an example just with tier one if they meet a hundred percent of the average annual private sector wage and they're creating 10 manufacturing jobs or making a capital investment of 10 plus million dollars then they would be eligible for a exemption for a period of five years so it goes from five years all the way up to ten years and just depending on which category which tier the developer business would fall under and the maximum exemption would be fifty percent so what's eligible is a hundred percent with your new business a hundred percent of the assessed value of all improvements and tangible uh personal property and it tends to get a little more detailed than what i've got in this particular presentation but again all of those details will be worked out and approved by council a qualifying expansion of an existing business so again up to 100 percent of the assessed value of the added improvements and also any net increase on the tangible personal property the financial restrictions this particular plan would uh have an annual aggregate amount of two million dollars each fiscal year that's the most that the city could forego in property tax revenue not a dollar more the economic development exemption would sunset after 10 years so it's not something that would continue on and on and on unless city council would want to take it back out to the voters to authorize it again so again the only thing we're asking for tonight is for council to approve this ordinance and to put it on the ballot in november for the voters to consider and determine whether or not this is something they would like to offer okay now open up public hearing if there's anyone wishing to speak on ordinance 31-22 please come forward see a nun public hearing is now closed is there a motion to approve ordinance 31-22 moved second second all right and any council discussions council member welsh yes i just had one question i know that this is set to go on the november 8th ballot we previously i believe set three more items to go on the ballot what's our limit for the primary election to get on the ballot i don't want to create an extra one if we've already put too many on there you've approved two other items i believe that are going on the primer and then this one would be going on in november okay so we're not overdoing what we're allotted by adding this one there was an allowance for up to six on the primary and one on the general okay okay any other questions or comments councilmember hayden connie just moving forward with this the if if a voter wants to learn a little bit more about this the tier schedule how this will work will be available on our website or is available on our website it will be yes okay okay thank you any other uh discussions see a number we have a motion in a second on the floor madam city clerk please call the roll nelson aye shepard tate i welsh i constant aye gunter hi hayden long hi eight eyes motion carry thank you move on to ordinance 25-22 madam city clerk please read the title ordinance 25-22 an ordinance amending city of cape coral ordnance 67-21 as amended by ordinance 3-22 which adopted the city of cape coral operating budget revenues and expenditures and capital budget for fiscal year 2022 by increasing the total revenues and expenditures by a total of six million eight hundred sixty seven thousand one hundred six dollars approving the creation of three positions reclassification of three positions and increasing the number of regular full-time positions in the financial services human resources and public works departments providing several ability and an effective date thank you mr mason sir mr mayor council members mark mason financial services director again we uh we've set up this okay something happened again we set up to do these uh budget amendments four times a year this would be the second one uh generally recognizing uh transactions in this case between december and the end of february and so the uh we've amended it uh once earlier in january uh and uh this will be the second one overall as uh was read into the record we're increasing the overall budget by six million eight hundred sixty seven thousand dollars or point seven percent uh from the from budget amendment number one the lion's share of the adjustments are in the special revenue funds and specifically between two special revenue funds both the solid waste fund as well as the sun splash special revenue fund the solid waste fund uh when we brought it over from an agency fund we budgeted it about nine million dollars the actual cost of solid waste is closer to 18 million so we're grossing it up to the actual cost of the solid waste contract as well as the assessments that we collect on an annual basis for sun splash since we've contra we're contracting outside splash and as we told you when we were adopting the budget uh last year that if the contract went through and the and the agreement went through then we would come back and we would amend the budget and take out you know the majority of the budget that's associated with sun splash so that's what that does and it's about a three million dollar decrease which we'll show you in here just a second so we're recognizing two grants that were awarded during the during the period ten thousand dollars for police and a little over nineteen thousand dollars for fire again as i uh mentioned regarding solid waste we're up funding it by 9.6 million dollars water park decreasing the overall budget by 3 million uh there was a i think a question came through on your e-comments regarding the water park just one of the things to recognize that in florida all governmental agencies are required to balance their budgets so revenues must equal expenditures regardless of what makes up the revenues or what makes up the expenditures they must equal each other and so when you're decreasing the revenues on the water park you're also decreasing the expenditure so you would end up balancing the budget so charges and for miscellaneous were these these amounts of both cdb and g and ship are recaptured funds so when we sell a property that we had funded through a loan agreement we recognize those funds as recaptured funds and then we put them back into the system for doing the same purpose doing loans in the future in addition uh we've uh in development services we're ratifying uh personnel and that you are approved on 58 resolution 58-22 this is just simply a ratification put them into the into the budget through the ordinance uh in addition uh the in the general fund we see the decrease in the transfer out to the water park for support so you know we're taking out everything that had to do with the water park after the contract went into effect on government services where we show this general pension plan true up but generally during uh in many cases at the end of the year when we do the uh actuarial valuations for our pension plans we might just it might be determined that we owe a little bit more in in the pension contributions than was originally planned for in the budget and well we've actually transferred and so in this particular circumstance this has happened again in this particular year this is just one portion of it for the general fund there's other charges uh in several of them on on the on pages in other portions of the operating funds uh to where we make up for this this differential on the actuarial valuation i've spoken with the actuary uh regarding this matter and we're going to make an adjustment going in the next fiscal year which we'll talk to you about during the budget process but this will avoid these kind of things happening to us in the future if we change how we're contributing uh more on an actual payroll basis versus the uh anticipated actuarial basis which is what we've been doing in the past in addition in the special revenue funds in the building fund we're again ratifying the positions that we've added uh during the uh i think in february as well as we're adding some additional office space reconfiguration of office space and the department in the building in the building area general fund correction parks and rec programs in the golf course were chewing up again the pension plan and we're ratifying the resolution 36-22 which added the crane truck being paid from solid waste and then capital project funds were these are some changes we had originally put the golf course uh cart pass project in the golf course fund but it's more appropriate in a capital project fund so this is a movement between funds and which is required for us to do coming forward as part of the budget amendments charter school maintenance again the same thing applies we originally put it into the general fund but it's more appropriate again into the into the uh we have a fund in capital projects for charter schools so we've moved it into that particular fund as we will others other expenses that will be taken care of during the course of the preparation of next year's budget utilities again general pension plan true up and the ratification of personnel for storm water internal service funds risk uh and all the other internal service funds was taken in adjusting for the general pension plan contributions so this is a little bit different uh we've uh we're looking at trying to streamline and and create some efficiencies and how we've been uh adding positions we've been doing it generally speaking through an item on the agenda however it's all part and parcel of the of the overall adjustments to the budget so we've created a a a system and an additional attachment to the budget amendment that shows the changes that we're at in when we're adding a position when we're identifying a position that's in and we provide the information associated with uh the classification uh the compensation uh for that particular position as well a description of the position so all of that is included uh within the attachment c uh to the ordinance so in this great in this case we're decreasing the overall number of staff in the water park by 61.67 ftes the reclassifications uh in for the design construction manager the two project managers this is for public works we've we reclassified a position and uh and now we've split the remaining position uh into two managers uh for one and uh for one fte so we've actually saved some money on this one planning manager uh to a principal planner and then one construction inspector uh plus one fte for that one as well internal auditor the audit manager uh there's no no change in the fte and no change budgetarily for this it's simply a change in title and we've identified what that is for the reclassification government services uh we've during the course of the year we may need certain contract interns so when we put this into the into the budget into government services we said well you know five ftes for interns but you know you could do the intern if you have salary savings as opposed to increasing the budget for the intern itself so these positions are available for someone who might want to bring in an intern during the course of the year as long as they have salary savings to cover it the for the next several positions this all has to do with the charter school the charter school support uh it's part of the transition plan i think that we've discussed with the city council over the course of the past year and so we're bringing on all the support staff into the city and into the city government and the charter school will pay us back for those particular positions uh for the time that they're actually working on the charter school and so we're bringing on an accounts payable specialist the uh the business manager uh at the charter schools would come in as a or in this particular case we'd be adding a senior budget analyst and three ftes for maintenance specialists we'd also be bringing on board a human resources manager an accounting assistant as well as a payroll assistant to add to the system for the charter school so we would control the positions for the charter school we would do all the back office work for the charter school these are the things that we've talked to you about as far as the charter schools as well as worked with the charter school system to to put this into place and so by adding these ftes today we're looking at the funding portion of this would start july one so you'd be looking at the final three months of the year because the transition would occur at the charter schools uh fiscal year as opposed to ours and so any changes any personnel that would be coming over from the charter school system would come over effectively somewhere right around july 1st oops and so that pretty well covers it thank you mr mason i will now open up the public hearing is there anyone wishing to speak on ordinance 25-22 please come forward see a nun public hearing is now closed is there a person i'm sorry is there a motion to approve ordinance 25-22 so moves second is there any council discussion council member hayden mark just a point of clarification the number of ftes at the at the water on decreasing the water park staff that included the accumulation of the contract employees i'm assuming that is all the contract employees correct i want to make sure thanks that's it any other discussion you see a nun we have a motion and a second on the floor madam city clerk please call the roll nelson aye sheppard guy tate hi welsh aye carsten aye gunter aye hayden aye long hi eight eyes motion carried thank you thank you sir move on to item 10 b introductions ordinance 32-22 madam city clerk please read the title set the public hearing date ordinance 32-22 an ordinance amending the city of cape coral comprehensive plan by amending the future land use map from commercial slash professional to single family land use for property described as block 3 lots 8 through 27 coral point unrecorded subdivision property located at 1642 through 1768 coral point drive providing several ability and an effective date the public hearing will be may 4th 2022. any discussion by staff or counsel say none we'll move on to ordinance 34-22 madam city clerk please read the title set the public hearing date ordinance 34-22 an ordinance amending the city of cape coral official zoning district map of all property within the limits of the city of cape coral by rezoning property described as lots 22 through lots 25 of del pine manor an unrecorded plat lying in section 5 township 44 south range 24 east lee county florida is more particularly described herein from general commercial and two family conservation league county designations to commercial corridor zone property is located at 1356 dell pine drive providing severability and an effective date the public hearing will be may 4th 2022. is there any council or staff discussion seeing none we'll move on to ordinance 37-22 madam city clerk please read the title set to public hearing date ordinance 37-22 an ordinance naming the gator circle neighborhood park gator trails park providing several ability and an effective date the public hearing will be may 4th 2022 any discussion by staff or council none we'll move on to ordinance 40-22 madam city clerk please read the title set the public hearing date ordinance 40-22 an ordinance authorizing and directing the mayor to enter into a lease agreement with madison square llc a florida limited liability company for the lease of a portion of property owned by the city of cape coral property located at 4816 chester street providing for several ability and an effective date the public hearing will be may fourth two thousand twenty two any discussion by staff or counsel cnn will move on to item eleven reports council member nelson report thank you mayor i wanted to just say that i attended um actually i participated in a zoom meeting with the facilitators from the southwest florida resiliency uh group that we are a part of and many other municipalities are part of and i learned that lee county has has put their participation on hold and the reason is because lee county collier county and charlotte county are all working on their own individual vulnerability assessments which is part of receiving funding from the state's coastal resiliency funding that became available last year from our governor and so i just wanted to point that out to you all in full disclosure you know i was asked if the city of cape coral wanted to continue to participate and i said that you know i i would reach out to lee county and i did speak with um roger desjarlais our county commissioner who educated me on the reasoning that that lee county has has paused on this because they're going to wait probably for at least another 12 to 18 months to get the results of their vulnerability assessment for all of lee county in terms of of sea level rise and i just wanted to bring this up to council you know do i think that we necessarily need to pause it's hard to say because we've only had one meeting with the compact and there were a lot of people in that room and i think the compact is still kind of trying to form and figure out what its role is going to be in terms of joining with all the counties together all the municipalities together to speak the same language regarding coastal resiliency so i can't really answer if i feel we should pause because i don't know that the group has completely formed what its goal is so i would just ask that you all let me keep you apprised as this sort of develops and if i feel at any point that you know we need we need to pause as well i will certainly bring this to council and let you all decide but i just wanted to to bring that to everyone's attention um that you know this this compact was formed a year and a half ago and in concept it's great there is one on the on the east coast that has been uh in formation for 10 years and they work together on on coastal resiliency projects and um and also individually based on their individual needs so i just wanted to bring this forward to you all and just say that i'll continue to report back and if at any time i feel we need to take a pause i'll certainly mention that thank you mayor thank you council member shepard report no report council member tate report uh yes mr mayor thank you i wanted to congratulate the cardboard boat races and the rotarians that was a fabulous event i attended the tdc meeting and i wanted to remind everyone that the funding request for beacon shoreline funding is tomorrow and i know our staff is ready so i'm looking forward to some great activity there i attended the cra utility box unveiling it was absolutely great it's a beautiful artwork if you haven't been down there i would suggest that everybody goes down and i participated in the panel for the royal palm association of realtors on affordable housing and amy usually did a presentation for the realtors there was approximately 150 people in the room and amy did an outstanding job i wanted to thank her for her presentation and that's the end of my report thank you for allowing me to be remote thank you council member welsh report thank you mayor i'd like to report i also uh since the last meeting attended the 50th anniversary celebration of the cape coral construction industry association they've been a big supporter of the city and of uh construction here for the past 50 years it was wonderful to see all the past presidents have their time to speak about the challenges that they work through during their terms i also was with council member tate at the utility box beautification unveiling i drive by those boxes every day and think it is a wonderful asset to the city uh to have art shown like that and i only hope that we can do more of it and maybe bring it into our parks as well uh aside from that i had the parks and rec advisory board meeting on monday uh they are great group who want to see our parks thrive and and have come up with some great concepts and things that we're going to be working on bringing forward in the future and that's all thank you thank you council member cosdom report no report council member hayden it's a reminder to people that they can purchase tickets to the mayor scholarship banquet coming up on may 17th at palmetto pine tickets are available on their website katepromerscholarship.com it's significant this year it's the 40th anniversary of them awarding scholarships they've awarded 600 so far and over 700 000 dollars worth 10 individuals this year extremely qualified the the 10 seniors plus for the first time they'll be awarding scholarships to uh deserving students from the tech schools so you know mayor scholarship fund is recognizing what the rest of us are that a specialized workforce is important for our area and they want to honor the kids that are seeking expertise and traits so that's all thank you councilmember long thank you my report's fairly short tonight on 4 8 i attended the raising of the ukraine flag at eco park to recognize the atrocities that are taking place in ukraine and support the citizens there and the devastation that uh that they're experiencing also uh that same day i attended uh the cape coral construction industry's 50th anniversary party and issued a proclamation didn't realize that their conception was almost as long as the city about 51 years so that was kind of surprising so it's great organization as council member welsh had mentioned and always a good partner for our city also the next day i attended the pizza and polls it's a fundraising event for the cape coral animal shelter and on april 11th i attended a fundraising event for veterans organization cocktails in the cape madam city attorney do you have a report yes sir mr mayor as this council is aware the city is a party to a lawsuit entitled waste pro of florida inc versus city of cape coral case number 22 ca001123 [Music] accordingly pursuant to section 286 286.011 subsection 8 of the florida statutes i am requesting that the city council convene in a closed attorney client session to discuss settlement negotiations and litigation expenditures the session will be scheduled for tuesday april 26 2022 at 3 30 pm if council approves thank you any problems with council on that particular date and time again that's tuesday april 26 at 3 30 pm okay thank you madam city attorney yes ma'am mr city manager no report mr mayor thank you very much okay time in place of the future meeting as we just discussed tuesday april 26th at 3 30 p.m we have attorney client session and also we have a committee of the whole meeting is scheduled for wednesday april 27th 2022 at 9 00 a.m here in council chambers is there a motion for adjournment all in favor say aye no meeting adjourned you