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HomeMy WebLinkAboutMinutes 06-07-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 7, 2005 7.00 PM MINUTES CALL TO ORDER; The Chair called the meeting to order at 7 :00 P.M. ROLL CALL: Co uncil Members Present Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Council Member Abs ent: Mayor Rocky Randels Others Present: City Manager Bennett Boucher City Attorney Anthony Oarganese City Clerk Susan Stills CONSENT AGENDA 1. City Council Regular Meeting Minutes of May 17, 2005. 2. Resolution No. 2005 -13; Appointing Two Regular Members as Alternate Members and Appointing Two Alternate Members as Regular Members to the Community Appearance Board (Connie Trautman, Randy Wasserman, Walter Bowman and Randall Camomilli),, 3. Resolution No. 2005 -16; Appointing an Alternate Member as a Regular Member to the Business and Cultural Development Board (John Anderson). 3 4. Resolution No. 2005 -17; Appointing an Alternate Member to the Planning and Zoning Board (Shawn Schaffner). 5. Resolution No. 2005• -18; Appointing a Regular Member to the Construction Board of Adjustment and Appeals (Harry Pearson). Mayor Pro Tem Hoog asked if any member of Council, staff or interested art desired p Y to remove any items from the Consent Agenda for discussion. City of Cape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 2 of 7 No request was made to remove any item for discussion. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items 1 through 5. The vote on the motion carved 3 -0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Morgan, For and Mr. Petsos, For. RESOLUTION 6. Motion to Adopt: Resolution No. 2005 -19; Electing A successor Council Person In order to Fill The Council vacancy Created by the Resignation of Council Member Steve Miller. Mayor Pro Tem Hoog explained that Mr. Miller accepted a position as Building Official with the City of Cocoa Beach. Mr. Miller did not think it in the City's best interest to remain on the City Council due to his work schedule. [Mayor Pro Tem Hoog reported that seven Letters of Interest were submitted to the City Clerk's office by the appointed time. He reviewed the background on the proposed applicants: Mr. Burt Bruns, Mr. Leo Nicholas, Mr. Bruce Collins, Ms. C. Shannon Roberts, Mr. Craig Stewart, Mr. Hans Anderson and Mr. Steve Roney. Mayor Pro Tem Hoog read a letter from Mayor Randels in support of Mr. Bruce Collins. Attorney Garganese replied to Mr. Morgan that the Council had 31 days from the time of Mr. iMiller's resignation dated May 31 to make a decision. Mr. Petsos expressed that the Council had several high priority items on which they needed to move forward. Mayor Pro Tem Hoog stated that he narrowed his selection to Mr. Burt Bruns and Mr. Bruce Collins. Mr. Morgan expressed that Mr. Bruns and Mr. Collins were also his choices. Mr. Petsos said that both candidates were also his selection; however, he chose Mr. Bruns as his final choice due to his past level of experience. Attorney Garganese called on Mr. Bruns and performed the Oath of Office to City Council. A motion was made by Mr. Petsos and seconded by Mr. Dorgan Mr. To Approve Resolution No. 2005 -19 to Elect Burt Bruns as the successor council Person in Order to Fill the Council Vacancy Created by the Resignation of Council Member Steve Miller. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. CONSIDERATIONS: 7. Motion to Approve: Annual Audit for the Year Ending September 30, 2004. Mr. Ed Beck, Managing Partner from Bray, Beck and Koetter, Inc. introduced his staff Ms. Jennifer Cashwell and Ms. Yvonne Clayborough. Ms. Clayborough opened the presentation. She stated that the financial statements are presented according to the new reporting model under Governmental Accounting Standards Board 34. She summarized City of Cape Canaveral, Florida City council Regular Meeting June 7, 2005 Page 3 of 7 that the Management's Discussion and Analysis Letter that the City Manager provides presented the best summary of the city's financial activities. Ms. Clayborough reported no instances of non- oompiiance with the laws, rules and regulations and no material weaknesses. she noted one comment in the building permit fee calculations; however, the Building Official addressed this through updated policies and procedures. she noted that the changes to Florida Statutes as of July 1, 2004 produced a decline in Fine and Forfeiture Receipts at closer to 30 percent instead of the anticipated 10 percent decline. Ms. Clayborough encouraged discussion between the city and County in order to address this issue. Ms. Clayborough stated that the City is working to develop a Fund Balance Policy in order to provide cash flow and provide a revenue stream in light of catastrophic events. This is occurring throughout the State. Ms. Clayborough displayed a graph to reflect the funds in the Unreserved Fund Balance and Retained Earnings. She affirmed to Mr. Bruns that these are unencumbered funds. She reported that the City's only long -term debt was a fire truck lease. She informed that debt service was well below threshold at $12.00 per person versus the State average of $404 per person for municipalities of comparable size. Ms. Clayborough stated that the City was at a leveraging point in borrowing capacity. She replied to Mr. Morgan that the Auditor General would consider 5 percent an acceptable rate of debt. She concluded with a positive report of an increased tax base. Mr. Boucher responded to Mr. Petsos that the amount of reserve to pay for facilities is the present topic of concern. He encouraged the Council to inquire about the City's level of allowable debt. Ms. Clayborough reported that the City's Sewer Fund earned revenue this year. Mr. Morgan inquired about some of the city's options to fund its facilities planning. Ms. Clayborough replied that a Revolving Loan is a viable source and also encouraged the Council to consider its borrowing capacity_ She said that if expansion plans are on the City's horizon, then now is time to make a purchase. Ms. Clayborough explained that the City's land purchasing options are diminishing. She stated that 5 percent would cover principal and interest on a loan. Mr. Leo Nicholas inquired about repeated comments from previous years. Ms. Clayborough explained that the implementation of the new Building Department procedures overlapped in the November audit and made those comments unnecessary. Ms. Shannon Roberts inquired about the proportion of County revenue related to other municipalities. Ms. Clayborough replied that Cape Canaveral, as well as other cities, receives a disproportionate revenue return. Mr. Pefsos requested to see further information on this inquiry. Mr. Boucher noted that this was a landmark year due to the hurricanes and the first year in using the GASB 34 reporting format. He reported that the General Fund Unreserved Balance was over $1.3 million. City Council members commended staff and the Auditors for the Cites financial stability. Ms. Clayborough reported on how the City Manager and the City Treasurer worked diligently to recover funds subsequent to the hurricanes. City of Cape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 4 of 7 A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Annual Audit for the Year Ending September 30, 2004. The vote on the motion carved 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. S. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending March 31, 2005. Mr. Boucher noted that the City Treasurer effectively provided a description of all budget changes. Mr. Petsos noted that through the first quarter 10 percent of Fines and Forfeitures was collected. Mr. Boucher replied that he and the Precinct Commander would collaborate to address this issue. He reported that capita( projects are underway and the City is progressing within its financial boundaries. Mr. Boucher reported on a 35 percent increase in the City's taxable value for a total taxable property value of over $1 billion. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Quarterly Treasurer's Report and Budget Transfers for the Period Ending March 31, 2005. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. 9. Motion to Approve: Request for state and Federal Transportation Project Funding. Mr. Boucher reviewed the proposed 2005 State and Federal Funding Highway Projects list: 1) Reconfigure alignment of intersection at State Road Al A, International Drive and N. Atlantic Avenue (Old State 401); 2) Construct a pedestrian overpass at State Road Al A and Columbia Drive; 3) Install a traffic signal with pedestrian features at State Road Al and Columbia Drive; 4) Install an overhead boom /mast arm signal at four locations on State Road Al A; 5) Develop a Street Lighting Plan and Implementation on State Road Al A; 6) Synchronize traffic lights with emergency signal on State Road Al A and Jackson Avenue and 7) Design and construct an urban roadway profile for State Road Al A. Mayor Pro Tem Hoog expressed the need for the pedestrian overpass at State Road Al A and Columbia Avenue. Mr. Petsos suggested inviting Legislative Delegation representatives to physically view the site. Mr. Boucher reported that the School Crossing Guards were removed from that site due to the school bus program. Discussion continued on the area's hazard potential. Mr. Boucher reported on an upcoming Public Meeting on the State Road 528 six -lane configuration. The City Manager and the Public Works Director will attend the meeting. Mr. Petsos remarked on flooding in the TraXoc at Jungle Village and Race Track Gas Station area. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Request for State and Federal Transportation Project Funding. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Term Hoog, For; Mr. Morgan, For and City of Cape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 5 of 7 ORDINANCES: First Readin : 10. Motion to Approve: Ordinance No. 11 -2005; Amending Chapter 110, Providing for Revised and Additional Application and Procedural Requirements for Rezonings, Variances, Special Exceptions, and Administrative Appeals, Making Conformity Amendments to Chapter 58, at first reading. Attorney Garganese read Ordinance No. 11 -2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONINGS, OF THE CODE OF ORDINANCES; PROVIDING FOR REVISED AND ADDITIONAL APPLICATION AND PROCEDURAL REQUIREMENTS FOR REZONINGS, VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS; MAKING CONFORMING AMENDMENTS TO CHAPTER 58, PLANNING; PROVIDING FOR THE REPEAL of PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese explained that this ordinance developed out of Code review on Chapter 110 regarding Zoning actions. He stated that an emphasis was made on objective criteria in this Code section to establish a set of standards_ Ms. Bea McNeely stated that the ordinance provides a checklist and further defines the role of the Planning and zoning Board and the Board of Adjustment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. 1'1 -2005 at First Reading. The vote on the motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. RFPDRTS- 1. City Manager • Mr. Boucher reported that the re- zoning on the Porter properties would include the City Council meeting Agenda on June 21 • Mr. Boucher reported the he and the Mayor Pro Tem Hoog would attend a meetin In the City of Cocoa Beach regarding hurricane procedures for coastal Communities. Mr. Boucher stated the need for a beachside Comfort station to dispense water and ice. He expected to work with the City of Cocoa Beach for a 24 hour --7 day operation. He reported that he Collaborated with Mid - Florida Freezer to preposition ice. This would avoid waiting for FEMA to deliver supplies. Mr. Boucher also reported that non - essential personnel and CERT volunteers would also tame on a more active role in any recovery efforts. • Mr. Boucher concluded his report stating that revenues have exceeded debt reflected in the $1.26 billion property value base. He reminded that revenues will increase with occupied units. City of Gape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 5 of 7 2, Staff City Clerk • Ms. Stills welcomed Mr. Bruns back to the Council and informed that his Council Member materials were available in the City Clerk's office. City Attorney • Attorney Garganese reported that Mr. Martin Greene signed the settlement agreement between the City and Mermaid Key which has been recorded with the County. • Attorney Garganese also reported that he anticipated comments from the School Board representative on the School Board lnterlocal Agreement for playground equipment. • Attorney Garganese reported that the I I th District Court of Appeals upheld the law on registered sex offenders. He related that the City of Oviedo extended the radius from a school for any sexual offender on probation or sexual predator from l , 000 feet radius required under State law to 2,500 feet. Mr. Petsos commended the Canaveral Precinct for its efforts at maintaining the status of registered sex offenders in the area. 3. City Council Mr. Bruns • Mr. Bruns thanked Council for the opportunity to serve and said that he would meet with the City Manager and City Clerk for an update and equipment. Mr. Petsos • Mr. Petsos requested that the City Manager contact the County Commissioner on funding to the City. ■ Mr. Petsos inquired about the pipe on state Road A'lA and asked if any further progress is imminent. The City Manager will ascertain the status. * Mr. Petsos requested to receive the audit Books earlier in the future. ■ Mr. Petsos inquired if there were interest to review the City's laws regarding sleeping in public places more specifically the beach. • Mr. Petsos reported that he and Commissioner Tony Sasso of Cocoa Beach planned to make a presentation on gaming ship sewage dumping at the next Space Coast League of Cities dinner meeting in order to gain coastal community support. Mr. Morgan s No report. Mayor Pro Tern Hoog • !!Mayor Pro Tem Hoog reported that he attended a water Supply Board Meeting. The most recent meeting addressed the desalination plant and water usage; however, environmental concerns were addressed desalination process. City of Gape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 7 of 7 • Mayor Pre Tem Hoeg also reported that Ms. Marguerite Engels of the St. Johns River Dater Management District promoted a think -two outer usage, twice-per- day, twice -- per -week for reuse water. He said that this concept lends itself to those who do not use reclaimed `mater. • Mayor Pro Tem Hoog announced the space Coast League of Cities dinner meeting on Monday, June 13�'. He planned to address the Forfeitures at that time. Mayor Pro Tem Hoog also addressed the need for representation on the Brevard County Metropolitan Planning organization. He recommended a shared seat with the City of Cocoa Beach. AUDIENCE To BE HEARD: Mr. Leo Nicholas stated that he recollected a shared seat between the City and the Port on the Brevard Metropolitan Planning Organization. Mayor Pro Tem Hoog stated that Port has no public populace. • Mr. Craig Stewart stated that transients lived in most of the City's wooded areas; however city -wide cleanups caused their re-- location. He expressed his agreement with an ordinance to address sleeping on the beach and encouraged the Council to proceed. Mr. Lynn Mars related how transients make the local female residents uncomfortable and he after his many efforts at clean up, he too promoted regulations on sleeping on the beach. ■ Mr. Glen Pettit, 320 Columbia drive, related that Mr. Martin Greene expressed that the city Council agreed with the rezoning change for the Mermaid Key property. Mayer Pro Tem Hoog clarified that Mr. Greene came before the Council with a concept plan and the Council agreed that he could proceed with the plan. However, Mr. Greene still needed to adhere to the City's rezoning procedures to include review with the Planning and Zoning Board. Mr. Petit commented that Mr. Greene could have been fined up to $26,500; however, he was not. Mayor Pro Tem Hoog explained that the City preferred to be proactive in its regulation. He explained further that Mr. Greene did not knowingly commit a violation in an effort to remove pepper trees. Mr. Petit expressed it a mistake on the City's part to not attribute any punitive action damages to Mr. Greene. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:10 PM. Bob Hoog, MAYORIBb TEM Susan Stills, CITY CLERK