Loading...
HomeMy WebLinkAbout03-19-1996 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 19, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: MINUTES Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor John Porter Present Mayor Pro Tem Randels Present Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Mr. Ed Beck and Ms. Kathy Thomas of Bray, Beck & Koetter, presented the Annual Audit for Fiscal Year ending September 30, 1995,. Ms. Thomas reviewed highlights of the financial report stating that the city has received a clean report. Mayor Pro Tem Randels queried, what percent of reserves should be set aside. Mr. Beck replied that two months expenses without revenues is the National Research standard. Mr. Petsos commented that the report is impressively concise and was completed timely. Mr. Nicholas queried of various management comments and acknowledged that it is a good idea to compare the original budget with actual expenditures. Mr. Bruns commended the firm Bray, Beck & Koetter for the audit presentation. 1 1 Regular City Council Meeting Minutes March 19, 1996 Page 2 1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to accept the Annual Audit Report as presented. Mr. William Bennix, a resident, queried from the audience, why was sewer income less than the prior year? City Manager Boucher responded that sewer impact fees were lower because of less development. The audit report was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. BOARD MEMBER CANDIDATE INTERVIEWS COMMERCIAL DEVELOPMENT BOARD City Attorney, Kohn Bennett, queried Mr. Larry Weber regarding his residency. Mr. Weber has lived in Cape Canaveral since June, 1995. The Commercial Development Board does not have a residency requirement. Mr. Weber stated that he has been involved from both sides of Commercial Development for 23 years. He ran and developed a model cities program for cities with less than 10,000 population. He stated that he would like to review the various costs for establishing businesses in the city, such as impact fees to ensure their well- defined purpose. He related that filing a Financial Disclosure Form is not a problem for him. BEAUTIFICATION BOARD Mr. Bennett queried Mr. James Hale regarding his residency. Mr. Hale stated that he has lived at 110 Washington Avenue for 16 months. He has never held a public office or city board, nor does he have a relative on a city board. He is retired and has been active in many city volunteer projects. He stated that filing a Financial Disclosure is not a problem. Mr. Bennett queried Mr. William Bennix of interest in the board, stating that Mr. Bennix is a known resident of the city. Mr. Bennix stated that he would like to see Cape Canaveral become the garden spot of the east coast. He is a self - employed developer and real estate broker. When asked his opinion of growth in the city, Mr. Bennix replied that growth has no relevance with beautification even though he is pro - growth. Reiterating that his interest is in contributing to the objective of making Cape Canaveral a garden capital. Mr. Bennix stated that he would not be willing to file a Financial Disclosure Statement. Ms. Sims interjected that the nonquasi-judicial boards are not required to file Financial Disclosure. 1 1 1 Regular City Council Meeting Minutes March 19, 1996 Page 3 COMMUNITY APPEARANCE BOARD Mr. Bennett queried Mr. Jovan Barzelatto in regard to his employment. He replied that he is employed by Avalon Construction. Mr. Bennett asked Mr. Barzelatto if he constructs within the city. He replied that he is not currently, however, if he did in the future, he would state his conflict of interest in such matter and abstain from voting. Mr. Barzellato is currently on the Commercial Development Board, which does not create a conflict. He stated that he has served on architectural review boards previously in Colorado. His experience is that there is a lot of resistance initially, but with time, the goals of aesthetic continuity are achieved. The first determination must be what does the city want, then it can be done. He replied that he will file a Financial Disclosure Statement. Mr. Bennett queried Ms. Karen Hayes of her background. She replied that she has lived in Cape Canaveral since 1983 and has served on the Florida State Board for Harbor Pilots. Ms. Hayes stated that it is fortunate to become involved with the city in the midst of determining the most desirable kind of growth. She stated that it is important to her to maintain the residential flavor of the city and that it is important to make these decisions before someone makes them for us. Ms. Hayes is a professional naval architect, very cognizant of design and aesthetics. RESOLUTIONS 2. Resolution No. 96 -14 was deleted from the agenda. The candidate is no longer interested in serving. 3. Mayor Porter read Resolution No. 96 -15 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE, A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to appoint one regular member to the Commercial Development Board with a term to expire on June 1, 1998, inserting the name Larry Weber . Resolution No. 96 -15 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Mayor Porter read Resolution No. 96 -16 by title. 1 1 1 Cape Canaveral City Council Regular Meeting Agenda March 19, 1996 Page 4 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE (1) REGULAR MEMBER AM) ONE (1) ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to appoint one regular member to the Beautification Board with a term to expire on November 1, 1997, inserting the name James Hale; and deleting Section 2. Alternate Member. Resolution No. 96 -16 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. Mayor Porter read Resolution No. 96 -17 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to appoint two regular members to the Community Appearance Board with terms to expire on May 1, 1999, inserting the names Jovan Barzellato and Karen Hayes . Resolution No. 96 -17 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. CONSIDERATIONS: 6. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Agreement with Brevard County, providing $21,000 for City Recreation Improvements. City Manager Boucher stated that sections 1 and 2 provide more discretion for using the funds. City Attorney, Kohn Bennett, related that a precise date would make it more secure, and why have a year extension? Recreation Director, Nancy Hanson, stated that the county is expecting to pay up front and it was their idea. The Agreement with Brevard County to fund recreation improvements was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the West Central Boulevard Sidewalk Project for a cost of $18,317. Discussion ensued regarding the area across Rockwell's parking lot frontage on Central and across the vacant lot between Rockwell and McDonald's. A motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to approve extending the sidewalk project to completion through the Rockwell parking lot frontage on Central and the vacant lot between Rockwell and McDonald's for an 1 1 1 Regular City Council Meeting Minutes March 19, 1996 Page 5 additional $1,000 cost. The motion was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 8. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the Florida Communities Trust - Conceptual Approval Agreement for the P2000 Grant, inserting in Section 1, Paragraph 13 the Public Works Director as project manager; inserting in Section 2, Paragraph 2 the City Attorney and City Manager as responsible for al negotiation and acquisition activities; inserting in Section 2, Paragraph 6d the Mayor to execute all documents in connection with this project; inserting in Section 4, Paragraph 2, designating that the City hold title to the property. Mr. Petsos queried, why should the city maintain the title to the property? City Attorney, Kohn Bennett, concurred that the potential for liability is greater with ownership. City Manager Boucher stated that it is a stipulation regardless of ownership that the city would be responsible for all liability. Mayor Porter queried why seven of the ten acres could not be used for kite flying and soccer. Mr. Boucher replied that the conditions under which we applied for the grant were for conservation, to request a change of use could jeopardize the grant award. However, we can ask for an interpretation of outdoor recreational facilities. Mr. Steve Roney appeared before Council briefing them on the tremendous need for a multi- purpose field for youth in Cape Canaveral. He explained that the various fields in the area require transportation to get there and there is a critical scheduling challenge. He stated that 3 acres could be used, however, more property would be most beneficial. The Conceptual Approval Agreement for the P2000 Grant was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. DISCUSSION: 9. City Attorney, Kohn Bennett, reported that obtaining the Columbia Drive property by eminent domain would be costly and timely, with many unknown facets that could prove expensive. He recommended that the city not pursue obtaining this property for a neighborhood park. Mr. Bennett reported that the Longpoint Road property price is in line. However, an adjacent property owner does not want the property to be used as neighborhood park. He stated that the property would have to be re -zoned and the owner would likely try to offer evidence that the park is not compatible and de -value his property. Council consensus was to pursue purchasing the Longpoint Road property as a neighborhood park. A motion was made by Mr. Nicholas and seconded by Mr. Petsos 1 1 1 Regular City Council Meeting Minutes March 19, 1996 Page 6 to add an agenda item regarding the park land acquisition. The add on item was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to authorize staff to negotiate for rent or purchase of the Longpoint Road property for the purpose of developing a city park. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. REPORTS There were no reports from the audience. 10. City Manager's Report. • Mr. Boucher submitted a tentative agenda for the joint meeting with the Cocoa Beach City Council which includes: A1A Beautification; Beach renourishment; and Intergovernmental Cooperation (sharing equipment, facilities, etc.). Mr. Boucher requested a potential meeting date to suggest to Cocoa Beach. Consensus was to set the meeting for 6:30 p.m. on May 15, 1996 at the Cocoa Beach Country Club. • Mr. Boucher reported that the Highway Beautification Grant prepared by Stottler, Starmer & Associates has returned with 40 comments and must be returned by May 1, 1996. • Mr. Boucher reported that the city received an Arbor Day award from the Tree City USA Program. • Mr. Boucher commended the City Clerk, Deputy Clerk and all who contributed in planning and preparing for the Board Appreciation Dinner of March 16. Mayor Pro Tem Rocky Randels • Mr. Randels reported that he noticed work in progress at a manhole on Central and was pleased to discover that it was a sample re- lining demonstration. • Mr. Randels reported that as a Community Mapping Committee member of the Community Compass, he has received a list of all service providers. • Mr. Randels reported that there is a free seminar in Orlando on April 30 - May 2 regarding Wildlife Mortality. 1 1 1 Regular City Council Meeting Minutes March 19, 1996 Page 7 • Mr. Randels reported that he will appear on Channel 24 referencing the Indian River Lagoon. • Mr. Randels reported that he will attend a Telecommunications Law Seminar tomorrow. • Mr. Randels reported that the country tree farm is being dissolved and trees are being wholesaled and phased out. Public Works staff should explore the possibilities. Council consensus was to pursue the effort. Council Member Buzz Petsos • Mr. Petsos referencing the $3,000 available in the Keep Brevard Beautiful Fund, queried if it would be feasible to receive funds to initiate the decorative trellis project for utility poles. Mr. Randels responded that local organizations (such as VFW) can apply for these funds. Council consensus was that the city proceed with demonstration pole before venturing to proceed with more. • Mr. Petsos distributed a brochure to the City Attorney for a seminar on Takings being held in Orlando. Council Member Leo Nicholas No report. Council Member Burt Bruns • Mr. Bruns queried if the right turn lane into Shorewood Drive will impact the sidewalks in the area. The City Manager will inquire into the matter. • Mr. Bruns stated that the Council meeting time in Florida Today reports 7:30 p.m. • Mr. Bruns queried of the status of the beach front Applegate property. Mr. Bennett replied that he is still working on the matter. • Mr. Bruns expressed disappointment in the low attendance at the Town Meeting, suggesting that a joint effort in calling people personally and planning better may produce better attendance. • Mr. Bruns queried of the status of the City Hall Annex building renovations. Mr. Boucher will inquire. Mayor John Porter 1 1 1 Regular City Council Meeting Minutes March 19, 1996 Page 8 • Mayor Porter suggested that the city consider planting palms along Ridgewood at the beach streets. A memorandum is to be forwarded to the Beautification Board to consider the idea for suggestions. • Mayor Porter reported that Cocoa Beach Commissioner Mary Jane Nail has requested the city to sign an endorsement letter for the Brevard Celebrities for the Children. Consensus was to support the effort. • Mayor Porter expressed concern that the Morgan EEOC complaint against the city can be conveyed to him personally as well. He queried if there is a conflict in employing an attorney with Amari, Theriac & Eisenmenger in that Mr. Morgan has previously employed an attorney from the firm. City Attorney, Kohn Bennett, assured Mr. Porter that there is no technical conflict with the firm , however, feel free to use another firm. Consensus was to utilize Amari, Theriac & Eisenmenger. ADJOURNMENT: 10:00 p.m. Sandra 0. Sims, City Clerk John K. Porter, Mayor