HomeMy WebLinkAbout03-17-1998 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 17, 1998
7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE:
ROLL CALL:
MINUTES
Council Members Present
Burt Bruns
Tony Hernandez
Joy Salamone
Mayor Pro Tem Buzz Petsos
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
Council Members Absent
Mayor Rocky Randels
PRESENTATION: GFOA Certificate of Achievement in Financial Reporting
INTERVIEW:
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City Manager, Bennett Boucher presented the Certificate from the
Government Finance Officers Association to Deborah Barker, as she
was serving as City Treasurer during the 1995 -96 fiscal year.
Mr. Boucher presented Mayor Pro Tem Petsos with the plaque
awarded to the city by the Government Finance Officers Association
for Achievement in Financial Reporting
City Attorney, Kohn Bennett interviewed Alice Nielsen for
membership as an alternate member to the Community Appearance
Board. Ms. Nielsen stated that she has been a Cape Canaveral resident
for the past 11 years. Neither she nor any family members hold public
office or board membership with the city. She further stated that she
understands and will file a financial disclosure statement.
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City Council Regular Meeting Minutes
March 17, 1998
Page 2
CONSIDERATIONS:
1. (Tape 1, 211) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the
February 17, 1998 Regular City Council Meeting Minutes. The motion passed 4-0, with
voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, and Mayor Pro Tem
Petsos, For.
2. (Tape 1, 250) Ed Beck, Partner and Wendy Knippel, Manager, with Bray, Beck & Koetter
presented the city's Annual Audit Report. Mr. Beck reported that the GFOA Certificate of
Achievement is an honor. He stated that this year's 1996 -1997 Comprehensive Annual Financial
Report (CAFR) is well prepared and will be presented to the GFOA this year.
Mr. Beck explained that the Financial Section of the CAFR illustrates the general purpose for
financial statements and to present the city's financial position.
Ms. Knippel explained that the city's audit report was assigned the highest level, a clean
opinion, for the 1996 -97 fiscal year ended September 20, 1997. She reported that the city's
$1.3 million revenue increase is due primarily to state grants received.
Mr. Beck demonstrated by graph that the City of Cape Canaveral's financial position
compares favorably to other local municipalities.
Mayor Pro Tem Petsos queried about the 2.1 miles of unpaved streets in the city.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to accept the city's
annual audit report for fiscal year 1996/97 ending September 30, 1997. The motion passed 4-
0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, and Mayor
Pro Tem Petsos, For.
3. (Tape 1, 827) A motion was made by Mr. Bruns and seconded by Ms. Salamone to approve
Waiver of Shuffleboard Fees for the Brevard County Special Olympics. The motion passed 4-0,
with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mr. Hernandez, For, and Mayor Pro
Tem Petsos, For.
4. (Tape 1, 845) City Manager, Bennett Boucher reported that the cost to complete the park
according to the Settlement Agreement with Mr. Arabian and Ms. Leher on the Longpoint
Park Litigation will be $4,600. Ms. Salamone queried why there are two types of fencing,
wooden and chain link. Mr. Boucher explained that the wood fencing provides a buffer to homes
and the chain link provides visual safety into the park while deterring children from the street
chasing balls, etc.
A motion was made by Ms. Salamone and seconded by Mr. Bruns to approve the settlement
agreement for Longpoint Park. The motion passed 4-0, with voting as follows: Ms. Salamone,
For; Mr. Bruns, For Mr. Hernandez, For and Mayor Pro Tem Petsos, For.
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City Council Regular Meeting Minutes
March 17, 1998
Page 3
RESOLUTION:
5. (Tape 1,1348) Mayor Pro Tem Petsos read Resolution No. 98 -06 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY
APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to appoint One Regular
Member to the Community Appearance Board, term expiring May 1, 2002, inserting the
name Walter Bowman. The motion passed 4 -0, with voting as follows: Ms. Salamone, For, Mr.
Bruns, For, Mr. Hernandez, For, and Mayor Pro Tem Petsos, For.
6. (Tape 1, 1388) Mayor Pro Tem Petsos read Resolution No. 98 -07 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 Mr. Bruns and seconded by Mr. Petsos to appoint One Regular
Member to the Commercial Development Board, term expiring June 1, 2001, inserting the
name Beverly Walden. The motion passed 4 -0, with voting as follows: Ms. Salamone, For; Mr.
Bruns, For, Mr. Hernandez, For; and Mayor Pro Tem Petsos, For.
PUBLIC HEARINGS
ORDINANCES — SECOND READING
7. (Tape 1, 1437) Mayor Pro Tem Petsos read Ordinance No. 15 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 78, ARTICLE IV, RECLAIMED WATER, BY AMENDING
SECTION 78 -176, DEFINITIONS, AND SECTION 78 -177, CONNECTION TO THE
SYSTEM AND ADDING SECTION 78 -181, RIGHT TO REFUSE SERVICE, OF THE CODE
OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Ordinance No. 15-
98. There was no Council or public comment. The ordinance was adopted 4-0 upon second
reading, with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mr. Hernandez, For, and
Mayor Pro Tem Petsos, For.
8. (Tape 1, 1484) Mayor Pro Tem Petsos read Ordinance No. 13 -98 by title.
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City Council Regular. Meeting Minutes
March 17, 1998
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CODE SECTION 102 -36 DEFINITIONS, BY AMENDING
THE DEFINITION FOR DIAMETER AT BREAST HEIGHT (DBH); PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Ms. Salamone and seconded by Mr. Bruns to adopt Ordinance No. 13-
98. There was no Council or public comment. The ordinance was adopted 4-0 upon second
reading, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, and
Mayor Pro Tem Petsos, For.
DISCUSSION:
9. (Tape 1, 1520) City Engineering Services Evaluation
City Manager, Bennett Boucher explained that employees interacting with Stottler,
Stagg & Associates (SSA) during the year were required to complete evaluation
forms and all recommended retaining SSA. He stated that SSA has submitted a letter
requesting contract renewal at the same rates.
Mr. Pekar stated that an example of Stottler, Stagg & Associates' community - spirit
is reflected in their agreement to perform the Commerce Street design, permitting,
inspections and affiliated all engineering work within the allocated $5,000. He also
stated that SSA has donated over $7,400 in service time on projects such as grant
application, ballpark concepts and using their building for conferences. He related
that pre- application meetings have eliminated confusion and that site plan reviews
are improved because there have been better quality submittals as a result of the pre -
application meetings.
Council concurred to place the Engineering Services Contract on the April 7, 1998
agenda.
10. (Tape 1, 2138) Holman Road Extension Transfer from Brevard County to the City.
City Manager, Bennett Boucher explained that the Holman Road deed transfer was
removed from the County Commission's agenda, previously scheduled for today,
Mr. Boucher explained that the road should have been turned over when the city
was incorporated.
City Attorney, Kohn Bennett stated that a deed is not effective unless there is
acceptance. He stated that he will research to determine if the road can be thrust
upon the city.
REPORTS:
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City Council Regular Meeting Minutes
March 17, 1998
Page 5
City Manager — Bennett Boucher
• Mr. Boucher reported that Stottler, Stagg & Associates have not completed the road design to
determine the total re- construction costs to upgrade Commerce Street to an industrial standard.
He related that $40,000 has been pledged by the United States Postal Service and $10,000 by
Shuford Mills, the street owner. Abutting property owners will be assessed when the costs are
determined.
• Mr. Boucher reported that Hunt Shuford of Shuford Mills stated that they will agree to sell five (5)
acres of the seven-(7) acres at the proposed Banana River Park requested by the city for
purchase and approved for grant funding. Mr. Boucher requested that Mr. Shuford submit a letter
of intent to sell, delineating the conditions for purchase.
• Mr. Boucher reported that the Florida Department of Environmental Protection is requesting that
the city continue planning for Phase W of the Water Reclamation installations.
• Mr. Boucher commended Nancy Hanson for the successful Patriot's Day festivities and parade.
• Mr. Boucher reported that a letter from Briley, Wild & Associates depicts that $180,000 of sewer
impact fees was spent to expand the Wastewater Treatment Plant.
• Mr. Boucher distributed a letter from the Canaveral Precinct Commander requesting to purchase
two (2) police vehicles. He explained that the patrol cars will cost $1,000 more each if ordered
after April 4, 1998. Council concurred to purchase the vehicles and place the appropriation on the
next agenda. Mr. Nicholas queried if the city has received the statistics of how many citations have
been issued in other jurisdictions by officers driving Cape Canaveral vehicles. Major McGee stated
that he will obtain the statistics.
Audience — Leo Nicholas
• Mr. Nicholas, resident and Planning & Zoning Member, queried how the 2.1 miles of unpaved
streets were determined as illustrated in the Comprehensive Annual Financial Report (CAFR).
Staff will research.
City Clerk — Sandra Sims
• Ms. Sims reported that the city is hosting the Space Coast League of Cities Meeting and Dinner
on April 13, 1998 and queried if the Canaveral Port Authority Cruise Terminal 10 is an acceptable
facility, in that general consensus was to not hold it at the Radisson. Consensus was to co -host the
event with the Canaveral Port Authority at Cruise Terminal 10, excluding Ms. Salamone who
opined that the event should be held within the city.
City Attorney — Kohn Bennett
• Mr. Bennett stated that the City Manager should send a letter to the county explaining that the city
can not take Holman Road or any other street unless it has been brought up to code. He will
research the issue in the meantime.
• Mr. Bennett related that according to the Roper v. Zapor case, it appears that the city still has a
claim to the frontage property at Harbor Heights. He requested and Council concurred that he
should pursue the issue further.
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City Council Regular Meeting Minutes
March 17, 1998
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Council Member — Joy Salamone
No report.
Council Member — Burt Bruns
• Mr. Bruns queried if the information contained in the letter received from Mr. Kurt Tezel regarding
sewer impact fees is correct. Mr. Boucher stated that a rate study is the only way to re- evaluate
the sewer impact fees.
Council Member — Tony Hernandez
• Mr. Hernandez stated that he would like to be better informed on the status of stormwater
mitigation (i.e. Baffle boxes, outfalls). He explained that he wants it to remain a forefront issue of
concern for the city.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos opined that Council needs to lobby Commissioner Randy O'Brien to pressure the MPO
to prioritize and fund the pedestrian crossover in the city, especially since the county has officially
determined to eliminate courtesy busing of students who live on the west side of AlA. Mr. Petsos
explained that the crossover is ranked #8, however, even the #1 ranked issue was not funded this
year.
• Mr. Petsos reported that the city bumper stickers are in and available for distribution.
• Mr. Petsos reminded Council of the Pancake breakfast at Cape View Elementary on Saturday,
March 21, 1998.
There being no further business, the meeting adjourned at 8:52 p.m.
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dra R Sims, CITY
CLERK
LERK
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Rocky Randels, MAYOR