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HomeMy WebLinkAboutMinutes 03-20-2001 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX _ 1 L 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 20, 2001 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present Bennett Boucher, City Manager Mark McQuagge, Assistant City Attomey , Susan Stills, City Clerk i Andrea Bowers, City Treasurer , Morris Reid, C.B.O., Building Official Todd Peetz, City Planner Mayor Randels spoke words of remembrance in memory of Mr. George Firkins who passed away on Friday, March 16 Mr. Firkins served as Mayor of Cape Canaveral from 1971 to 1972 and he played an instrumental role in shaping Cape Canaveral's history. Mayor Randels expressed that Mr. Firkins will truly be missed. PROCLAMATIONS: Fair Housing Month, David Baade. Mr. Baade, Executive Director, accepted the proclamation. Mr. Baade commended the City on its forwarding thinking approach in fair housing practices. Keep Brevard Beautiful Month & Trash Bash Day, Larry Weber Mr. Larry Weber, Exeutive Director, accepted the proclamation. Mr. Weber reported that Keep Brevard Beautiful was awarded first place in the state for that day's efforts. Child Abuse Prevention Month i i 1 L Mayor Randels read the proclamation and directed the City Clerk to forward the proclamation to Ms. Brenda Harris, Executive Director of the Yellow Umbrella Organization. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 Page 2 C i PRESENTATIONS: Student Art Show Best -in -Show Awards Mayor Randels awarded Cassie Frey, of Cocoa Beach Jr. /Sr. High School, a $100 EE Savings Bond Certificate for her design work on the Annual Art Show Poster. Mayor recognized Cassie's family. Mayor Randels awarded Aaron Thomas, of Cape View Elementary Show, a $100 EE Savings Bond for his Best -in -Show artwork. Mayor Randels recognized Ms. Georgia Longo and Ms. Carol Moss, art teachers, for their work with the students and Aaron's family. Mayor Randels awarded Roland Quattlebaum, of Roosevelt Middle School, a $100 EE Savings Bond for his Best -in -Show artwork. Mayor Randels recognized Ms. Angela Robinson Roland's art teacher and his family. Mayor Randels awarded Jennifer Reed, of Cocoa Beach Jr. /Sr. High School, a $100 EE Savings Bond for her Best -in -Show sculpture. Mayor Randels sadly reported that Jennifer's sculpture was damaged in transport and was under repair. Mayor Randels again recognized Ms. Moss for Jennifer's participation. Brevard County Greenways and Trails Program Ms. Barbara Myers introduced Ms. Laura Carter co- manager on the project. She explained that the Brevard Metropolitan Planning Organization (MPO) took the lead in the project due to its multi jurisdictional nature. She provided background information by relating the efforts with local organizations that the project will impact. Ms. Myers outlined the components of the Greenways and Trails Master Plan as extensive public involvement, govemmental agency coordination, identifying a potential network as well as amenities for trails heads. She said that public involvement was the initial step. Ms. Myers pointed to the Regional Spine Network that identified multi -use purposes for the trail program. She indicated the Cape Canaveral's streets that are targeted for the project and encouraged staff to review the Network in order to provide input. Ms. Myers covered the various proposed trails such as multi -use trails, enhanced nature trails and natural, canal area and aquatic trails. She explained that an amenities package would present the trails as more than a sidewalk network. Ms. Myers said that the plan included a Project Evaluation Matrix used to aid legislators in project prioritization. She stated that the other portion of the Master plan would address the program management and maintenance that included costs. She also stated that model policy and regulations was also included for use in drafting regulatory documents as well as to encourage private development. Ms. Myers said that the plan would also include grant resources. She concluded her presentation by saying that the plan considers greenways, connecting communities with transportation j corridors, recreation and conservation and the plan hopes to produce some wildlife corridors. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 Page 3 Mr. Bruns asked if time would permit including four additional projects in the plan since she hoped to forward the plan in May. Mr. Bruns listed the projects as: 1) the pedway /walkway /bicycle path from Ridgewood Avenue to the Port, 2) the Manatee Park pedway /walkway /bicycle path, 3) the property north of Central Boulevard for a pedway /walkway project and 4) a potential pedestrian walkway /bicycle path along the canal. He explained that the City's goal setting plans are underway. Ms. Myers responded that these projects can be presented as opportunities and that this is a vision that is moving from a plan to a program. She said that the Network map is a planning document and the MPO would adopt it as a concept. The decision rests with the County and municipalities on what parts of the plan to adopt. Mr. Treverton queried the success rate of a trail through a gated community. Ms. Myers responded that this has yet not been done. Mayor Pro Tem Petsos expressed that once the plan is accepted by the MPO, she might want to present the plan to the East Central Florida Regional Planning Council. Ms. Myers responded that this effort would favor grant funding because it would address the plan from a regional network standpoint. Mr. Leo Nicholas asked what the City would need to submit in order for a project to be included in the plan. Ms. Myers responded a map and a description for the project. Mayor Randels recognized Mr. Todd Peetz, City Planner, as her point of contact for implementing the City's projects. CONSIDERATIONS: 1. City Council Regular Meeting Minutes of March 6, 2001. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the City Council Regular Meeting Minutes of March 6, 2001. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 2. Canceling the Regular City Council Meeting of April 3, 2001. A motion was made by Mr. Bruns and seconded by Mr. Treverton to Cancel the Regular City Council Meeting of April 3, 2001. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 3. Annual Audit for Year Ended September 30, 2000. A motion was made by Bruns and seconded by Mr. Weber to approve the Annual Audit for Year Ended September 30, 2000. Ms. Bowers introduced Mr. Ed Beck, CPA, and Ms. Yvonne Clayborne, CPA, Auditing Manager. Mr. Beck stated that the City's financial statements are included in the Comprehensive Annual Financial Report. Mr. Beck stated that the audit standards used are those of the governing professional II organization as well as Florida Statutes Chapter 145. He reviewed the timeline of the audit plan that begins in the summer. Mr. Beck noted that internal controls are reviewed first. He stated that three reports are issued from the audit process: 1) the audit report on the City of Cape Canaveral financial statements, 2) the report on the internal control City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 Page 4 systems, and 3) the management letter that includes recommendations for improvement. Mr. Beck introduced Ms. Yvonne Clayborne to continue with the Audit Report. Ms. Clayborne began with the internal Audit Report that includes an unqualified opinion which is the highest under audit services. She explained that in general terms the City's financial statement is fairly presented on a material basis. She began with the report on Compliance and Internal Controls that found no instances of non - compliance or internal deficiencies in internal controls. Ms. Clayborne continued with the Management Letter that includes prior year comments that are resolved or no longer applicable, prior year comments that were repeated in the current year and any current year comments. She noted that there were two repeated commented as well as two new comments in the current year and the implementation of Government Accounting Standard's Board Letter 34 (GASB 34). Ms. Clayborne explained that GASB 34's intent is to report City finances in a normal business format. The reporting format would also present the opportunity to depreciate infrastructure such as roads and sidewalks, items not normally depreciated. Ms. Clayborne reviewed the City's assets to equity comparison chart. She stated that the firm recommends that the equity represent at least two and one -half months of operating expenses and she reported that currently the General Fund currently has six months worth of operating expenses in unreserved or unappropriated fund balance. She _l reported that the sewer fund is currently at twelve months. She commended the City on preparing for its financial future. Ms. Clayborne reported that as of September 30, 2000 the City of Cape Canaveral has no General Obligation Debt. Ms. Clayborne reported that $131,000 has been designated in the General Fund for subsequent years expenditures. She pointed out that although expenditures exceeded revenues in fiscal year 2000, the spending was a planned use of reserves and she commended Council on a prudent use of resources. Ms. Clayborne noted the significant increase in Infra- governmental Revenue caused by the grant received for a City park purchase. She reviewed the Sewer Fund Revenues versus expenses and noted that the City maintained the financial health of the sewer system after the loss of the Port revenue. Ms. Clayborne answered Mr. Bruns question that there were no audit adjustments. Mr. Bruns questioned how many previous years are needed to be included in the GASB 34 infrastructure depreciation. Ms. Clayborne stated that there is a proposed exemption for small cities that does not require previous year's depreciation. Ms. Bowers explained that the City's infrastructure is recorded in the fixed assets account and if necessary previous year's data is available. Ms. Clayborne responded to Mr. Nicholas' question that a city under $10 million in budgeted revenue is the criteria for designating a city as exempt from accounting for prior year's capital. Mr. Treverton asked if the City would need to seek asset appraisal. Mr. Beck responded that the City has infrastructure asset data available. He referred to Pages 62 and 63 of this year's CAFR that shows some of L the infrastructure assets discussed in GASB 34. Mayor Pro Tem Petsos questioned why the assessed total value on real and personal property decreased by $24 million. Ms. Clayborne speculated that $33 million in personal property was not included in the data from the Property Appraiser's Office and would be included in next year's data. The t City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 Page 5 motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. RESOLUTIONS: 5. Mayor Randels read Resolution No. 01-07 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ms. Lynn Pickett, Community Development, City of Cocoa, opened discussion on the proposed AMTRAK railway along the East Coast from Miami to Jacksonville. She explained that the eight cities with stops would pay for the station including funding from the Florida Department of Transportation (FDOT) if the route if approve. She explained further how the railway would strengthen the infrastructure regionally and strengthen the freight infrastructure. She stated that $60 million would install 200 miles of track in comparison to the $20 billion cost for the State high -speed rail system. Ms. Pickett encouraged the Council's support for a service that would incur no cost to the City. Mayor Pro Tem Petsos queried if the money is provided from the taxpayers and expressed concern that this funding would preempt funding for the Al improvements. Ms. Pickett responded that the money is derived from the FDOT. Mr. Weber questioned p Y q Cocoa's 20 percent commitment to funding. Ms. Pickett responded that Cocoa's funding would pay for 20 percent of the proposed station costs. Ms. Pickett responded to Mayor Pro Tem Petsos that passengers departing the station would be transported by the Space Coast Area Transit system. She related that the system would alleviate traffic. Mr. Bruns referred to a recent article and related that AMTRAK has lost money over time and he stated that taxpayers and government assistance have subsidized the company. He expressed his concern with spending taxpayers' money when the company is losing money. Ms. Pickett responded regarding the potential profit in the Cocoa station. Mr. Bruns stated that no revenue projections were done. Mr. Treverton questioned if there were a benefit to the local residents. Ms. Pickett answered that the railway provided an option of convenience to local residents in preference to commercial flights. A motion was not entertained. 6. Mayor Randels read Resolution No 01-09 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 Page 6 i i A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to insert the name Elizabeth Foy as an Altemate Member to the Business & Cultural Development Board with a Term to Expire of June 1, 2002. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 4. City Manager's Performance Evaluation. A motion was made by Mr. Weber and seconded by Mr. Bruns to Approve the City Manager's Performance Evaluation. Mr. Weber stated that taking difficulties in stride Mr. Boucher has done a commendable job. Mr. Boucher requested feedback from the Council prior to discussion of a merit increase. Mayor Pro Tem Petsos responded that overall from the Council as well as his own thought was for Mr. Boucher to have taken a more direct approach in resolving some issues. Mr. Bruns commended Mr. Boucher on his performance and commented that he would prefer personal communication on some issues and electronic contact to keep informed. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. A motion was made by Mr. Weber and seconded by Mr. Bruns to approve a four- percent merit increase for the City Manager. Discussion ensued on a four - percent merit lEj increase for the City Manager. Mayor Pro Tem Petsos expressed concern with an awarding an increase that was above any County or state average for a merit or cost -of- living increase. The motion failed 3 -2 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, Against; Mayor Randels, Against; Mr. Treverton, Against; and Mr. Weber, For. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve a merit increase of three - percent for the City Manager. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. DISCUSSION: 7. Sign Code Mr. Todd Peetz, City Planner, explained that he used data from the Building Department for a table of the signs. He stated that based on the calculations no signs were over the 30 -foot height limit, however ten signs were over the 150- foot size limit. He related that previous discussion concluded with a reduction in the sign height to 12 -feet and the reducing the sign size to 60 -feet. If implemented, 54 out of 59 signs would become non- conforming in height and 51 of these signs would become non - conforming in size. If both reductions were implemented, 59 out of 69 would become non - conforming. Mayor Randels questioned how Council would like to proceed with implementation. Council agreed by majority on a workshop to discuss the matter further. Mr. Bruns encouraged contacting the property owners' regarding any new regulations. Mr. Weber proposed that E 1 City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 1 Page 7 I the City Planner devise altematives in signage for the local businesses and he also requested data from local City's similar in size and demographics on their outcome on similar issues. Mayor Pro Tem Petsos suggested reviewing the County's action as well on the same issue. Mr. Bruns stated that the recommended heights was 8 -feet and the size was 50 square feet similar to the City Hall sign size. Ms. McNeely responded that the Recreation sign that was slightly larger than the City Hall sign might have been used as a standard. Mr. Peetz related that the City of Cocoa has done a rigorous sign program and used a matching fund program to assist in bringing signs into conformance. Mayor Randels expressed the consensus of the Council in that height, square footage and amortization are the focuses of the workshop discussion and to include Mr. Weber's previous suggestion. Mr. Boucher expressed that some detailed concerns, such as safety related issues, need to be included in the workshop discussion as well. Mr. Weber asked to include landscaping in the sign discussion. Attorney McQuagge advised approaching residents as well as businesses in the discussion. Council discussed a proposed citywide survey mailing. Council directed the City Manager to draft a proposal of a mailing regarding sign ordinance discussion. Mr. Boucher replied to Mr. Nicholas' question that the sign ordinance discussion applied to freestanding signs only. REPORTS: 1. City Manager • Mr. Boucher announced that Marguarita Engel of the St. John's River Water Management District is looking for a Council member to become a liaison with the District. Mr. Weber was appointed to represent the City in this capacity. • Mr. Boucher reported that the 20/20 media provided locations for the bus shelters. The consensus of the Council was not to install enclosed bus stops or advertising benches in the City. Mayor Pro Tem Petsos requested that the City Manager perform research on rider count. Mayor Pro Tem Petsos also asked the City Manager to research the state's authority to override the City's decision on installing bus shelters. • Mr. Boucher recognized the Sand Fence exhibit on display in City Hall Annex provided by the Public Works, Streets/ Maintenance Department. Mayor Pro Tem Petsos expressed that the project was well received by neighboring cities and the Florida Department of Environmental Protection. • Mr. Boucher reported on the Arbor Day activities at Cape View Elementary School for March 20 • Mr. Boucher related how staff would handle the Fireworks issue. He said that the Fire Chief would distribute public information on regulations and that the crossovers would be additionally staffed with spotters. Staff would also install new signage regarding discharging fireworks. Chief Sargeant reiterated that possession of fireworks is not illegal and if restricted on the beach, neighborhood locations might be chosen to ignite them. Attorney McQuagge explained under State Statute 791 fireworks possession is not illegal for certain types. He explained further that in a misdemeanor violation, an officer must see the action take place. Attorney McQuagge stated that he would need probable cause confirmation from the State Attorney's office prior to confiscation. He 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2001 Page 8 1 reported that the proposed County ordinance also needs confirmation in that the verbiage would designate the beach and crossovers as recreational areas 1 for enforcement. Chief Sargeant suggested forwarding the issue to the Florida League of Cities for a united legislative effort. • Mr. Boucher asked Commander McGee to report on the Sexual Offender Address Verification. Cmdr. McGee explained that an offender is designated by I a first -time offense. He stated that a four - corner radius check would be performed in the offender's immediate neighboring area He stated that Cape Canaveral would perform the program in a pilot capacity. 2. Staff City Attorney • Attorney McQuagge referred to Attorney Bentley's response regarding the reuse agreement with the City of Cocoa Beach. He provided statistics on the total flow provided to Cocoa Beach. He requested that the Cocoa Beach City Commission review the flow rate data and the proposed resolution prior to any 1 discussion 1 City Clerk • Mrs. Stills announced that Alexandra Barnes, our visiting Irish Student intern, would arrive tomorrow at 9 A.M. to work in the Clerk's office developing a City Services booklet. 3. City Council • In response to Mayor Pro Tem Petsos, Mr. Boucher named Eric Niemetz of Brevard Community College as one of the interpreter's for the Mayor of Kloten's family and said that he would contact another student as well 1 1 AUDIENCE TO BE HEARD: • No report. 1 ADJOURNMENT: A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to adjoum the meeting at 9:45 P.M. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, I For i ?- k ',','t4 -, - ' Rocky Rand MAYOR s . t adAM I Si t CITY CLERg %:`, i,E- , 1 i i