Legislation Details

File #: 24-036    Version: 1 Name:
Type: Contract Status: Agenda Ready
File created: 1/16/2024 In control: City Council
On agenda: 1/23/2024 Final action:
Title: To Provide Direction to Staff for Funding and New Policies, if Necessary, for the Indian River Drive Septic to Sewer Conversion
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CITY COUNCIL AGENDA ITEM

Memo Date: January 16, 2024
Agenda Date: January 23, 2024
Prepared By: Jack Walsh, Utilities Director
Through: Stockton Whitten, City Manager
Requested Action:
title
To Provide Direction to Staff for Funding and New Policies, if Necessary, for the Indian River Drive Septic to Sewer ConversionEnd

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BACKGROUND:

This agenda item was previously reviewed by Council on May 24, July 26, August 9, November 29, 2022 and May 23, 2023 meetings. Portions of this agenda remain the same and portions have been modified or updated from previous versions.

On May 23, 2023, Council voted to table the agenda item.

On November 29, 2022, Council approved a motion to table this agenda until a determination is made from the state ethics board on Councilwoman Koss's ability to vote upon the agenda. The State Ethics Commission ruled that except for procedural or preliminary matters, Councilwoman Koss has a voting conflict of interest and cannot vote on making a final determination regarding the septic-to-sewer conversion project that would involve such a conversion for her residence (including Option 1 and Option 2) because she would receive guaranteed funds (gains) from the City and would have a mandatory outlay of funds she would personally incur if the project were underfunded (losses), thus, incurring a special private gain or loss under the voting conflict statute. Thus, Councilwoman Koss will not be voting on making a final determination regarding the project. The remaining four (4) members of Council will need to provide final direction at this time.

Two areas within the City of Cocoa along Indian River Drive have been identified for funding form the Save Our Indian River Lagoon (SOIRL) tax adopted by Brevard County. The areas are known as Area "J" and "K" and consist of a total of 92 88 single family homes that can be elgible for reimbursement to remove their septic systems and replace with a city owned gravity sewer system.

The SOIR...

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