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HomeMy WebLinkAbout02-02-1993 CITY COUNCIL REGULAR MEETING February 2 , 1993 A Regular Meeting of the Cape Canaveral City Council was held on February 2 , 1993 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 32 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Robert Abbott Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present Acting City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of January 19 , 1993 . Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular Meeting of January 19 , 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. PRESENTATIONS: 1. Audit Report - FY 91/92 - Hoyman, Dobson & Company. Mr. Tom Kirk, Audit Director of Hoyman, Dobson & Company, reviewed the audit report for fiscal year 1991/1992 . He introduced Debbie Bradley, the Audit Manager for the City's audit. Mr. Kirk reviewed the financial statements and presented several graphs which included comparisons of governmental fund types and expendable trust funds revenue sources and expenditures from 1987 through 1992 , and the sewer fund income from 1989 - 1992 . Mrs. Calvert questioned the uninsured money market funds and Mr. Boucher explained that the money market was backed by treasury bills and the prior bond counsel had advised that the money market funds were a suitable investment for the City. Mr. Kirk advised that there were no material instances of non-compliance found during the audit process. Mr. Randels stated that the auditors had recommended the previous and current years that the City consider conducting a Comprehensive Annual Financial Report (CAFR) . He stated that the CAFR audit was recommended by bond rating companies as a necessity. He questioned if the CAFR could be conducted in- house. Mr. Kirk stated that he did not know if it could be conducted in-house, but his firm had substantial experience in these reporting techniques. Ms. Deborah Haggerty, Acting Finance Director, stated that the CAFR could be attempted in-house, but due to personnel restrictions it would be difficult. She also stated that the cost for the report could be funded through the sewer fund as it would be used for bond counsel. Council concurred to further discuss the CAFR audit at the next workshop. 2 . Recreation Department Audit Report - Hoyman, Dobson & Company, P.A. Mr. Tom Kirk explained that there were no material findings in the study and evaluation of the internal accounting control of the Recreation Department. He stated that his firm had made a few recommendations of items that City management could review and possibly make some changes if it was cost effective to do so. There was discussion regarding the same day deposit requirement. City of Cape Canaveral, Florida City Council Regular Meeting February 2 , 1993 Page 2 Mayor Salamone commended the staff of the Finance and Recreation Departments for their excellent financial reporting techniques. OLD BUSINESS: 1. Motion Re: Wastewater and Stormwater Improvement Project; proposed Preliminary Engineering Contract with Post, Buckley, Schuh & Jernigan, Inc. Motion by Mayor Salamone, seconded by Mrs. Calvert to reject the contract offer of Post, Buckley, Schuh & Jernigan, Inc. and to terminate negotiations with the firm. Mayor Salamone stated that the City had been unable to negotiate a satisfactory contract with Post, Buckley. Mr. Abbott stated that he was concerned that the City had no alternative plan in place and that the City only had thirty (30) months to correct the discharge into the Indian River. He stated that the City was not covered under its insurance policy for discharges into the Indian River. Mayor Salamone stated that the City did have a plan to proceed with wetlands and that the City was required to negotiate with the second ranked firm. Mr. Kancilia stated that if the City did not arrive at a satisfactory contract with the second low bidder that there was a third ranked bidder, Briley, Wild & Associates. If no satisfactory contract was reached with any of the ranked firms, the request for proposal process would be repeated. Mr. Abbott questioned if there was enough time available in the schedule to proceed with a second request for proposal process. Mayor Salamone felt that there was ample time to comply with the required legislation. Mr. Porter expressed his concerns regarding the contract with Post, Buckley. Mr. Randels stated that he had reviewed the wetland and reuse feasibility studies and that it had been well worth the costs involved for the City to obtain the studies from Post, Buckley. He stated that in the best interests of the City, he felt that he could not award the contract to Post, Buckley. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Motion Re: Request from Fischer's Harbor Seafood and Tackle to pay a deposit on sewer impact fees. Motion by Mr. Randels, seconded by Mr. Abbott to disapprove the request from Fischer's Harbor Seafood and Tackle to pay only 25% of the sewer impact fees because the present Code required that the fee must be paid in full for Port Canaveral customers. Mr. Randels referenced Section 535. 01 of the City's Code of Ordinances. A ten-minute break was taken at this time, after which the meeting reconvened. Mr. Kancilia stated that the section Mr. Randels had referred to regarding Port Canaveral customers was divided into two types of applications, one for a new permit fee application and the other for an application regarding a structure change or a change of a similar use. He stated that the request involved a change in an existing facility which was governed by Section 535. 05 and he further explained same. Mr. Randels withdrew his motion and Mr. Abbott withdrew his second. City of Cape Canaveral, Florida City Council Regular Meeting February 2 , 1993 Page 3 Motion by Mr. Randels, seconded by Mrs. Calvert to accept the request to pay immediately 25% ($10, 183) of the total sewer impact fee from Fischer's Harbor Seafood and Tackle for the addition to the restaurant at 610 Glen Cheek Drive and to accept a promissory note for the balance to be paid in full in one year as per Section 535 . 02 (B) of the City's Code of Ordinances. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Ordinance No. 01-93 , amending Land Development Regulations, Chapter 265, Code Enforcement Board, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 265 OF THE CITY CODE OF ORDINANCES; ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162 , FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to approve Ordinance No. 01-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. 3 . Motion Re: Request by Special Olympics for waiver of fees to utilize City shuffleboard courts. Motion by Mr. Porter, seconded by Mr. Randels to approve the request by Special Olympics for the waiver of fees to utilize the City's shuffleboard courts. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . City Manager's Report. Mr. Kancilia advised that Mr. Richard Lambroia had advised that it was likely that the necessary State permits would be obtained by the deadline date of February 11, 1993 , however, there was no confirmation that the federal permits would be received by that date. He stated that Mr. Markey had advised that an agreement had been reached with Mr. Peeples regarding his objections to the previous easement form and once the form was amended, twelve out of the fifteen holdouts would be signed which would leave a remainder of three holdouts. He stated that the City Manager would have to access how significant the three landowners were to the project. Mr. Kancilia advised that if the easements were not in place by February 11, 1993 the project would have to wait another year. Mr. Kancilia advised that Mr. Markey had made an offer on the City's behalf to purchase the McDevitt property. Mr. McDevitt's asking price was approximately $37 , 000 and Mr. Markey had offered $22 , 000 based roughly on an appraisal obtained for the Dicie Sherwin property. Mr. McDevitt had rejected the offer and made a counter offer of $35, 000. He stated that the staff could make another offer in line with the appraisal. If at staff level, the City was unable to reach an agreement for the purchase, it would be presented to Council for its decision of whether or not to pay a price which exceeds the appraisal price. City of Cape Canaveral, Florida Regular City Council Meeting February 2 , 1993 Page 4 Mr. Kancilia stated that Mrs. Sherwin's asking price for the two lots was $70, 000 and the City made an offer of $50, 000 which was exactly the appraised value. Mrs. Sherwin rejected the offer and had not made a counteroffer. Any further offer made by the City would exceed the appraisal price and would require Council approval prior to making the offer. Mr. Kancilia stated that the Florida Municipal Trust announced a new type of coverage which would indemnify the City for the cost that the City would have to pay for public officers and employees when those officers or employees had to defend a lawsuit relating to the performance of their municipal duties. The insurance coverage would reimburse the City 60% of the amount that the City had to pay to the public officer up to a maximum of $15, 000 per occurrence. He explained examples of the benefits of this particular insurance. Mayor Salamone asked that staff obtain a fee quote for the insurance. Mr. Kurt Ronstrom stated that there were no stop signs on three streets, Imperial Blvd. , Brown Circle, and Commerce Street. He stated that the City did not maintain the streets, but he felt that stop signs were needed. Mayor Salamone asked City staff to discuss the matter with Shuford Mills, the developer of the subject property. Mr. Porter introduced his grandparents, Colonel & Mrs. Jones, to the City Council. Mr. Randels reminded Council that the Trash Bash was scheduled for Saturday, April 17th. He asked to include a message on the April utility bills as a reminder for the Trash Bash and Council concurred. Mr. Randels spoke briefly regarding several issues including: the legislative policy wish list for the Florida League of Cities, a Sunshine Law and attorney/client privilege class that he had attended, and the benefits of participating in the Florida Municipal Retirement Trust Fund. There being no further business, the meeting adjourned at 8 : 50 P.M. Approved this 16th day of February , 1993 . AL Salamone, MAYOR ATTEST: VJ fs.'- Faith G. Mille CITY CLERK