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HomeMy WebLinkAboutMinutes 02-15-1994 RegularADOPTION OF MINUTES: 1. Regular City Council Meeting of February 1, 1994. Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of February 1, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For, Councilmember Randels, For. 2. S ial City Council Meetim of Februaa 11 1994. Motion by Mr. Porter, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of February 11, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATION 1. Presentation of Annual Audit for FY 92193 by Ho man Dobson & Company. Mr. Tom Kirk, Audit Director of Hoyman, Dobson & Company, introduced Ms. Debbie Bradley as the Audit Manager for the project. He explained that the purpose of the audit was to obtain an expression of opinion regarding whether or not the financial statements were fairly presented. The City had received a "clean opinion" on the presented financial statements. Mr. Kirk reviewed the following graphs: 1) Comparison of governmental fund types and expendable trust funds revenue sources for 1992 and 1993; 2) Comparison of governmental fund types and expendable trust funds expenditures for 1992 and 1993; 3) Governmental fund r '" types and expendable trust funds revenues and expenditures, 1958 -- 1993; and 4) Sewer fund p f , income, 1990 - 1993. Mr. Randels commented that the City had collected only $463,780 in tax levies and that the bonded debt per capital had decreased. Mr. Berger stated that the capital outlay had decreased significantly in FY 92193. Mr. Kirk explained that the City had incurred CITY COUNCIL REGULAR MEETING February 15, 1994 A Regular Meeting of the Gape Canaveral City Council was held on February 15, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of February 1, 1994. Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of February 1, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For, Councilmember Randels, For. 2. S ial City Council Meetim of Februaa 11 1994. Motion by Mr. Porter, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of February 11, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATION 1. Presentation of Annual Audit for FY 92193 by Ho man Dobson & Company. Mr. Tom Kirk, Audit Director of Hoyman, Dobson & Company, introduced Ms. Debbie Bradley as the Audit Manager for the project. He explained that the purpose of the audit was to obtain an expression of opinion regarding whether or not the financial statements were fairly presented. The City had received a "clean opinion" on the presented financial statements. Mr. Kirk reviewed the following graphs: 1) Comparison of governmental fund types and expendable trust funds revenue sources for 1992 and 1993; 2) Comparison of governmental fund types and expendable trust funds expenditures for 1992 and 1993; 3) Governmental fund r '" types and expendable trust funds revenues and expenditures, 1958 -- 1993; and 4) Sewer fund p f , income, 1990 - 1993. Mr. Randels commented that the City had collected only $463,780 in tax levies and that the bonded debt per capital had decreased. Mr. Berger stated that the capital outlay had decreased significantly in FY 92193. Mr. Kirk explained that the City had incurred City of Cape Canaveral, Florida Regular City Council Meeting February 15, 199 �- Page 2 a $12,000 shortfall in revenue, yet it had experienced a $27,503 excess of revenues over expenditures in the past year. Mayor Salamone stated that the budgetary decisions had been made based on economic trends and in the best interests of the City's citizens. Mr. Kirk further explained the compliance section of the audit including the management letter comments, audit findings and recommendations. He recommended that another independent sample of building permits and a study of the building department's internal control structure be conducted to determine the compliance of matters brought up during the 1993 study of the building department's internal controls. Mayor Salamone asked Mr. Boucher to further review the recommendations included in the audit and implement same as soon as possible. PROCLAMATIONS 1. Irish - American Herita a Month - March 1994. Mayor Salamone read the proclamation and presented it to Mr. Frances Harrington. Mr. Harrington thanked Council for the proclamation and spoke briefly regarding the Irish ancestry and the Ancient Order of Hibernians. NEW BUSINESS 1. Motion Re: Appropriation of funds to stabilize Tower Boulevard. Motion by Mayor Salamone, seconded by Mr. Porter to authorize City staff to secure competitive bids to stabilize Tower Boulevard as a dirt road. Mayor Salamone stated that the estimated cost for the road stabilization was $10,000 - 15, which would be taken from reserves. She explained that the capital improvement plan included the paving of Tower Boulevard in FY 95196. Mr. Nicholas questioned if the bid specifications would include an anticipated life expectancy for the stabilization. Mr. Boucher stated that the minimum specifications for a dirt road would be required. Mr. Randels questioned if the installation of the road would impede the ability of the developer to pull the necessary building permits. Mr. Boucher stated that it would be a judgement on the part of the Building Official and Fire Chief as to whether or not Mr. Tezel would have sufficient access to the development while the roadway was being constructed. Mayor Salamone stated that according to the building codes it required that the stabilized roadway had to be in the works in order for the developer to pull his permits. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. - 2. Motion Re: Authorization for purchase of a pick truck for the Street Division. Motion by Mr. Porter, seconded by Mr. Randels to authorize the purchase of one 1994 Ford City of Cape Canaveral, Florida z . Regular City Council Meeting February 15, 1994 Page 3 Ranger Pick -up Truck for the Street Department at a cost of $9,155. Mayor Salamone stated that all funds were to be taken from the Street Department budget, not from reserves. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Motion Re: Part-time Code Enforcement Officer position. Motion by Mr. Randels, seconded by Mr. Porter to authorize the release of funds to fill one part -time 20 hour per week Code Enforcement Officer position. Mayor Salamone stated that she wanted the flexibility to allow the part -time employee to work some evenings and weekend hours. Mr. Randels spoke in favor of the request. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No 94 -04 ARpointin a member to the Planning and Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, j FLORIDA; APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to approve Resolution No. 94 -04 with the appointment of Robert E. Hoog to the Planning and Zoning Board with a term to expire September 15, 1995. Mayor Salamone stated that Council had received Mr. Hoog's letter of resignation from the Zoning Board of Adjustment. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 10 -94 Amending City's Code of Ordinances. Chapter 733, Alcoholic Beverage Sale Regulations to change the hours of operation for Sunday liquor sales Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 733.01, TIME OF OPERATION REGULATED FOR ESTABLISHMENTS HOLDING STATE BEVERAGE LICENSES AND ANY OTHER COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE SERVED, OF THE CORE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; AMENDING THE HOURS OF OPERATION FOR THE PURPOSE OF DISPENSING, SELLING, CONSUMING OR SERVING ALCOHOLIC BEVERAGES ON SUNDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting February 15, 1994 Page 4 Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 10--94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Motion Re: Appointment of alternate member to the Metropolitan Plannin Organization's Technical Advisory Committee MPOITAC . Motion by Mr. Porter, seconded by Mr. Nicholas to appoint Michael Gluskin, Public works Director, as the City's alternate member to the Metropolitan Planning Organization's Technical Advisory Committee (MPO/TAC). Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Monthly Activity Reports No comments. 8. City Manager's Re rt . Mr. Boucher advised that the City had received an award for five (5) consecutive years of being designated as a Tree City, USA. Mr. Berger suggested that Council have group photographs taken of past and present Councils. Mayor Salamone also suggested that the City's Historian, Ann Thurm, be contacted to ask that she coordinate the collection of group Council photographs. Mr. Nicholas advised that in the past, group photographs were taken of Council during the swearing -in of new Councilmembers. Mr. Boucher stated that Nancy Hanson, Recreation Director, had given Council a recap of activities being planned for the Patriot's Day celebration. DISCUSSION: 1. Mayor Salamone questioned how the ethics matter was progressing. Mr. Kancilia advised that he would be sending a letter to the individuals who had been reimbursed by the City for their expenses in defense of ethics complaints which asked for copies of all documents relating to the ethics complaints filed against each individual. Mayor Salamone questioned whether he had to notify the court in advance. Mr. Kancilia stated that the complaint would have to be filed and that would serve as the notification and Mayor Salamone asked that the process be expedited. 2. Mr. Porter questioned when the Council would be interested in holding a workshop meeting for presentations regarding the Redevelopment Corridor concept. Council concurred to schedule City of Cape Canaveral, Florida Regular City Council Meeting - February 15, 1 994 Page 5 the March 31, 1994, workshop meeting at 6: oo p. m. to allow for the presentations. 3. Mr. Randels commented that he had issued a challenge to the other cities in Brevard County that the City of Cape Canaveral would have a larger Trash Bash participation than any other city on April 16, 1994. Council concurred to change the site to Cape View Elementary rather than the Little League field. Mr. Randels asked if the Council would like to include the "Clean the City" concept in conjunction with Trash Bash Day activities. Council concurred to include the collection of old appliances and recycling of telephone books in a general spring cleaning type of concept. 4. Mr. Randels questioned the status of having Lamar Russell serve as an ex- officio member of the Planning & zoning Board. Mr. Kancilia stated that the ordinance which would permit the appointment of Mr. Russell as an ex- officio member grants that authority to the Planning & Zoning Board itself. He stated that the present City Charter nepotism provision appeared to apply only to appointments made by the City Council and that there was room for interpretation that since the Planning & zoning Board would be the appointing authority that the nepotism provision would not apply. Mr. Kancilia advised that the State Attorney General would not issue an opinion on a City Charter provision. The Attorney General or the Commission on Ethics would only issue opinions related to State law. Mr. Kancilia stated that he wished to continue his research, but that the possibility did exist that Mr. Russell could be appointed by the Board as an ex- officio (advisory) member. 5. Mr. Randels distributed copies of a Titusville resolution which urged the Florida legislature to enact legislation that would grant immunity from personal civil liability, under certain circumstances, to volunteers working on behalf of nonprofit organizations and governmental entities. Council concurred to place the resolution for consideration on the next workshop meeting. 6. Mr. Randels distributed copies of information he had received from an elected officials seminar entitled Effectiveness in Office. He commented briefly on the highlights of the seminar. ADJOURNMENT There being no further business, the meeting adjourned at 7:45 P.M. Approved this 1st day of March 1994. �r i Joy q. S alone, MAYOR 4 ATTES'� `�Fai G. Miller CITY CLERK