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HomeMy WebLinkAbout03-17-1998 Regular Meeting1 1 1 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: g trou , i�O317- 9s.doo 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. 1 1 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. G: \CityClk\ MINUTES \REGULAR \1998 \03- 17- 98.doo 1 1 1 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. G. \CityClk\ MINUTES \REGULAR11998 \03- 1798.doc 1 1 City Council Regular. Meeting Minutes March 17, 1998 Page 4 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: G: \CityClk\MINUTES\REGULAR \1998 \03- 17- 98.doc 1 1 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. G: \CityClk\MINUTES\REGULAR \1998 \03- 17- 98.doc 1 1 1 City Council Regular Meeting Minutes March 17, 1998 Page 6 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. X22 dra R Sims, CITY CLERK LERK \\ CAPE- NT\ cityclerk \CityClk\NIINUTES\REGULAR \1998 \03- 17- 98.doc Rocky Randels, MAYOR