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HomeMy WebLinkAboutMinutes 05-02-2000 Workshop Meeting1 1 1 CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 2, 2000 4:00 P.M. MINUTES ROLL CALL: Council Members Present Burt Bruns Richard Treverton Larry Weber Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present Bennett Boucher, City Manager Kohn Bennett, City Attorney Susan Stills, Assistant City Clerk Present for the 5:00 Meeting Edward Gardulski, Public Works Director Andrea Bowers, City Treasurer Dennis Franklin, Building Official Nancy Hanson, Recreation Director Chief Dave Sargeant, CCVFD Major George McGee, Canaveral Precinct 1. City Attorney's Seminar Mr. Boucher explained that in this workshop the City Attorney would restate the Sunshine Law for all City Council members especially new members. Attorney Bennett stated that he would relate updates to legislation and current concems. Attorney Bennett began by saying that a Council member's opinion could be conveyed to another member as long as no response is required. He reminded that official correspondence is logged in with the City Clerk's office. Attorney Bennett stated that E -mail is an official record under Public Law. All official City business should be copied to the City Clerk's office. Mayor Randels questioned not providing the City Manager with official information. Attorney Bennett responded that the City Clerk's office needs a copy of any official document submitted to the City Manager. Attorney Bennett referenced a Lake County case in which documents were shared via a laptop computer. Attorney Bennett related that a computer hard drive constitutes a public record. City of Cape Canaveral, Florida City Council Workshop Meeting May 2, 2000 Page 2 Mr. Bruns queried the Sunshine Law regarding discussion between a Council member and a Board member. Attorney Bennett explained the nature of ex parte communication between Council and Board members within the discussion of general matters excluding specific items pending discussion. Attorney Bennett stated that zoning, special exceptions and variances constitute quasi-judicial matters. Attorney Bennett related that one person alone could violate Sunshine Law in that City business cannot be conducted outside of a public hearing. Mayor Pro Tem Petsos queried an appointment by a Commission to conduct business outside of a public meeting. Attorney Bennett referenced Mr. Treverton's fact - finding mission on the City Hall renovation. He stated that Mr. Treverton gave no opinion, however, if he were authorized to short list new City Hall sites that would be in violation of the Sunshine Law. Attorney Bennett related one of the penalties for violation as a second- degree misdemeanor. He'stated that a City Council member could not participate on a committee to short list projects. Attorney Bennett stated that meetings between the Mayor and private entities would violate Sunshine Law. By reason of the City Charter, negotiations are an Administrative function of City government. Attorney Bennett emphasized to City Council the repercussions of involvement with private entities for which City administration is responsible. Attorney Bennett also explained the ramifications of a Council member submitting a complaint on behalf of a City resident. Attorney Bennett recommended that Council tell people who have concerns to submit complaints to the City Manager's office. Mr. Boucher related that Council member's correspondence needs routing through the City system. Mr. Boucher made note that official City mail or E -mail needs to be forwarded to the City Clerk's office. Attorney Bennett suggested that Council members not use personal computers at home or home mailboxes for City mail. Mayor Randels queried about mail from his affiliation with local organizations. Attorney Bennett stated that any mail received on behalf of the City is official City business. Mr. Bruns queried responding with an opinion on City letterhead stationery. Attorney Bennett advised on responding with an opinion on behalf of the City. Attorney Bennett stated that a personal opinion is acceptable, however speaking on behalf of the Council without prior discussion is not. Attorney Bennett proceeded with a Voting Conflict update. He noted that on previous occasion he asked Council member's to announce a Conflict of Interest before discussion. However, he now requests when Council receives the Agenda, if there is a Conflict on any item, that a member file a form with the City Clerk's office prior to the meeting and do not participate in the discussion. He also related that if there is a Conflict of Interest, any Board member could not vote as part of the quorum. Attorney Bennett advised that unless there is a true Conflict of Interest, you cannot abstain from voting. 1 City of Cape Canaveral, Florida City Council Workshop Meeting May 2, 2000 Page 3 Attorney Bennett emphasized the need for parliamentary procedure during meetings. He stated that responsibility for Council meeting decorum rests with the meeting Chair. Attorney Bennett explained that all discussion must proceed through the meeting Chair. Attorney Bennett explained the City's rules stating that a petitioner may speak on legislative matters only. A five- minute time limit is set in the City charter and would take three votes from City Council to extend the time limit before a petitioner speak at a public meeting. Mr. Bruns queried audience participation on all matters before City Council. Attorney Bennett explained that public input is granted for legislative matters only. Attorney Bennett stated that once the question is called there is no more discussion, however the maker of the motion may close the discussion. Attorney Bennett stated that Council members do not have the right to take the side of the citizen in matters with staff, our City Manager will address staff issues. Attorney Bennett read the duties of the City Manager and the Mayor from the City Code. Mr. Boucher emphasized the difference in the duties between the legislative and administrative functions of the City. He encouraged Council members to allow the staff to address matters in their respective work areas. Mr. Boucher stated that staff will follow -up on citizen concerns. Mayor Randels asked if the Complaint forms need revision. Mr. Boucher recommended that Council members refer complaints to City Hall during hours of operation. Mayor Randels referenced a complaint received over the weekend in which he filed a complaint form with the City Manager. Attorney Bennett reiterated that a complaint should not be filed on behalf of a citizen due to any subsequent actions. Attorney Bennett restated before closing his discussion that Council calls for a Point of Order to keep meetings in proper order. The workshop meeting recessed at 5:10 P.M. 1. General Fund Capital Budget Cape Canaveral Volunteer Fire Department — Chief Dave Sargeant Mayor Randels reconvened the Workshop meeting at 5:20 P.M. Mr. Boucher referenced Chief Sargeant's submitted handout Chief Sargeant stated that the Fire pump vehicle is an item on the May 16th agenda. He stated that costs are allayed by 50 percent from the Port. He reviewed the 2000/2001 funding year and the City's $56,000 costs to replace aging equipment which includes: He proceeded to the 2001/2002 funding year and the City's $52,000 costs that included extrication tool replacement as well as continued replacement cost from the previous funding year. He continued with the 2002/ 2003 funding year at a cost of $53,000 to include a thermal imaging Camera and possibly half of the City of Cape Canaveral, Florida City Council Workshop Meeting May 2, 2000 Page 4 replacement cost for the Seadoo boat as well as continued replacement cost from the previous funding years. Chief Sargeant explained the 2003/ 2004 funding cost of $341,000 which included purchasing a Pumper /Ladder at an approximate cost of $300,000 to replace the Sutphen Aerial and the City's 1978/1991 Pierce Fire Truck as well as continued replacement cost from the previous funding years. Chief Sargeant explained that the Aerial truck was not sufficient for rescue needs. Ms. Bowers questioned if the cost reflected any reimbursement for the traded vehicle. Chief Sargeant responded that he was not aware of the resale value of the current Sutphen Aerial vehicle. Chief Sargeant responded to Mayor Pro Tem Petsos that the vehicle is jointly owned. Chief Sargeant stated that the City owns the Pierce however the resale value is limited due to its age. Chief Sargeant stated that ISO points would be lost if the vehicle were sold now. Chief Sargeant responded to Mr. Bruns' s question that ISO represents the Insurance Services Office. He explained that the City's citizens receive percentage points on their insurance premiums due to ISO points. Mayor Pro Tem Petsos queried the delivery time in selling the vehicle. Chief Sargeant explained that delivery time could be stated in a bid process that would also need to comply with the City and the Port's bidding processes. Mr. Treverton suggested spreading the $300,000 cost over five years. Mayor Pro Tem Petsos suggested that staff review the details of this purchase. Mr. Bruns asked if the Port Commission were aware of the purchase. Chief Sargeant stated that he would meet with the Commission in July. Chief Sargeant concluded with the 2004/ 2005 funding year at a cost of $55,000 to include new hose equipment as well as equipment replacement purchases from the previous funding years. Mayor Randels summarized that $552,000 is the total cost need and recommended setting aside median funds in prior years for all purchasing. Ms. Bowers stated that discussion during these workshops compiled the financial information that Council requested for the Budget process. Chief Sargeant concluded that the funding is allotted flexibility due to natural emergencies. Finance Department Ms. Andrea Bowers reported that approximately $5,000 is necessary for software upgrades. Her intent is to maintain a professional image for the department handling the City's financial concerns. She stated that this funding is for the Finance office only and does not include other administrative offices. 1 City of Cape Canaveral, Florida City Council Workshop Meeting May 2, 2000 Page 5 Recreation Department Ms. Nancy Hanson requested a new City vehicle and recounted her current vehicle's disrepair. Ms. Hanson stated that the Shuffleboard court resurfacing is necessary at a cost of approximately $8,000. She then referenced the Manatee Park management plan that required the City's commitment to complete the project due to grant funds use in purchasing the land. Mr. Gardulski stated that the restrooms and boardwalk would be constructed in the near future. Mr. Weber questioned shoreline restoration. Mr. Gardulski responded that sloping surveys were complete and bulldozing is the next step in the process. Ms. Hanson stated that she is identifying needs through her five -year plan. Ms. Hanson continued with the 2001/2002 funding year that included a tennis court resurfacing. Mayor Randels inquired about the Youth Center Gymnasium. Ms. Hanson stated that this facility has been included in previous budget years. She also stated that upgrading the Racquetball courts has also been included in previous budget years. Mr. Boucher asked if Council would consider that Ms. Hanson review purchasing a vehicle from State contracts. Council will consider approval of a new vehicle at a future meeting. Building Department Mr. Dennis Franklin requested a replacement copier for the Building department due to equipment failure. He reported the findings of his research for new equipment. Mayor Randels questioned if this purchase could be made through a budget transfer. Mr. Boucher related that this item was a necessary part of the budget process. Mr. Franklin also requested vehicle purchases. He recounted the maintenance problems with one of the currently used vehicles. He related the necessity to purchase additional vehicles in the future. Mr. Franklin also requested computers for proposed additional staff. Mayor Pro Tem Petsos suggested a separate meeting solely for the Building Department due to Mr. Franklin's need of additional staff. Mr. Treverton questioned a time for the final two departments to present their budgets. Mr. Boucher recommended at 5 PM prior to the Regular Council meeting on May 16th. A motion was made by Mr. Treverton and seconded by Mr.Weber to adjourn the meeting at 6:55 P.M. Susan Stills, ASSISTANT CITY CLERK City of Cape Canaveral, Florida City Council Workshop Meeting May 2, 2000 Page 5 4 Recreation Department Ms. Nancy Hanson requested a new City vehicle and recounted her current vehicle's disrepair. Ms. Hanson stated that the Shuffleboard court resurfacing is necessary at a cost of approximately $8,000. She then referenced the Manatee Park management plan that required the City's commitment to complete the project due to grant funds use in purchasing the land. Mr. Gardulski stated that the restrooms and boardwalk would be constructed in the near future. Mr. Weber questioned shoreline restoration. Mr. Gardulski responded that sloping surveys were complete and bulldozing is the next step in the process. Ms. Hanson stated that she is identifying needs through her five-year plan. Ms. Hanson continued with the 2001/2002 funding year that included a tennis court resurfacing. Mayor Randels inquired about the Youth Center Gymnasium. Ms. Hanson stated that this facility has been included in previous budget years. She also stated that upgrading the Racquetball courts has also been included in previous budget years. Mr. Boucher asked if Council would consider that Ms. Hanson review purchasing a vehicle from State contracts. Council will consider approval of a new vehicle at a future meeting. Building Department Mr. Dennis Franklin requested a replacement copier for the Building department due to equipment failure. He reported the findings of his research for new equipment. Mayor Randels questioned if this purchase could be made through a budget transfer. Mr. Boucher related that this item was a necessary part of the budget process. Mr. Franklin also requested vehicle purchases. He recounted the maintenance problems with one of the currently used vehicles. He related the necessity to purchase additional vehicles in the future. Mr. Franklin also requested computers for proposed additional staff. Mayor Pro Tem Petsos suggested a separate meeting solely for the Building Department due to Mr. Franklin's need of additional staff. Mr. Treverton questioned a time for the final two departments to present their budgets. Mr. Boucher recommended at 5 PM prior to the Regular Council meeting on May 46th. A motion was made by Mr, Treverton and seconded by Mr.Weber to adjourn the meeting at 6:55 P.M. Susan StHl$,,ASSISTANT-CITY CLERK i.4 I