HomeMy WebLinkAbout02-02-1995 Workshop• •
CITY COUNCIL
WORKSHOP MEETING
February 2, 1995
A Workshop Meeting of the Cape Canaveral City Council was held on February 2, 1995, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order
at 7:00 P.M. by Mayor Pro Tem Randels.
ROLL CALL:
Mayor John Porter Absent
Mayor Pro Tem Rocky Randels Present
Councilmember Arthur Berger Present
Councilmember Leo Nicholas Present
Councilmember Buzz Petsos Present
City Manager Bennett Boucher Present
City Attorney Kohn Bennett Present
City Clerk Faith Miller Present
BUSINESS:
1. Presentation of the 1994 Comprehensive Annual Financial Report by Hoyman, Dobson
& Company, P.A.
Mr. Tom Kirk, Audit Director for Hoyman, Dobson & Company, introduced Mrs. Debbie
Bradley, Audit Manager. Mr. Kirk proceeded to explain the 1994 Comprehensive Annual
Financial Report (CAFR) for the year ending September 30, 1994. He summarized highlights
of the report. He stated that revenues in the general fund had increased by 6% and that general
government expenditures for FY 93/94 were down by 10 % . The following comparisons were
presented and explained to Council and the audience by Mr. Kirk: Governmental fund types and
expendable trust funds revenues and expenditures for 1988 - 1994; Comparison of governmental
fund types and expendable trust funds revenue sources and expenditures for 1993 and 1994; and
sewer fund income for 1990 - 1994. Mr. Kirk stated that there was a current fund balance in
the general fund of $1,160,000 which represented about 42 % of the total expenditures for the
general fund which equated to about five (5) months of expenditures which was a very good
financial position to maintain.
Members of Council directed several questions relative to the CAFR to Mr. Kirk and he
responded accordingly. Mr. Kirk stated that the compliance section of the audit showed no
material weaknesses or non - compliance in the City's financial control structure or the City's
compliance with laws and regulations. He stated that the independent auditor's management
letter comments included items which could be improved upon or implemented with the approval
of City management. Mr. Boucher stated that he would draft a response to the management
letter comments which would be submitted to Council and the Auditor General together with the
CAFR. He thanked Ms. Haggerty and her staff for putting together a very comprehensive
document. Mr. Kirk also expressed his appreciation to Ms. Haggerty and City staff for their
assistance in the audit process. He thanked Council for the opportunity to serve as the City's
auditors.
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City of Cape Canaveral, Florida
City Council Workshop Meeting
February 2, 1995
Page 2
Mr. Boucher stated that as instructed by Council, City staff would be preparing an RFP package
to be advertised this spring to test the market for competitiveness in audit services.
Agenda this item for Tuesday.
2. Presentation by Dr. David E. Sawyer. Superintendent. School Board of Brevard County
re: upcoming bond referendum (February 7, 1995).
Agenda this item for Tuesday.
3. Presentation by Marguerita Engel. Keep Brevard Beautiful (February 7. 1995).
Agenda this item for Tuesday.
4. Discussion Re: Engineering services agreement with Stottler Stagg & Associates.
Mr. John Pekar and Mr. Roy Cowell, Stottler Stagg & Associates, were present to address
questions relative to the proposed engineering services agreement. Council members directed
several questions to Mr. Pekar and Mr. Cowell relative to the quoted fees for services included
in the agreement, lump sum site plan fees, upcoming potentially long -term City projects such
as the Master Plan for City facilities and the redevelopment of A1A, and the current library
expansion project and the City's right to engage an independent, third party engineer to represent
the City in connection with the library construction project if needed. Discussion followed
regarding the time limit of the agreement. It was the consensus of Council to allow a one (1)
year contract with yearly renewable options upon 60 days written notification to the City and
acceptance by the consultant and 90 days notice of any proposed rate increase.
Changes discussed by the Council and Mr. Pekar would be included in the agreement for
presentation to the Council at the regular Council meeting scheduled for Tuesday. Agenda this
item for Tuesday.
5. Discussion Re: Ordinance No. 01 -95. Repealing Chapter 2, Administration, Section 2-
28, Councilmembers' areas of interest.
Mr. Randels expressed his thoughts for maintaining the areas of interest and he explained his
reasons for same. He stated that he felt that it was his task to attend different Board meetings
and to report back to the Council because every Council member could not attend every meeting.
He stated that the areas of interest did not preclude any Council member from looking into any
other areas of City operations. Agenda this item for Tuesday.
6. Discussion Re: Ordinance No. 02 -95. Vacating a certain alleyway located within the
City. Petitioners - Jim Peeples. Paul & Marcia Fairman.
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City of Cape Canaveral, Florida
City Council Workshop Meeting
February 2, 1995
Page 3
Mr. Randels expressed a concern regarding the moving of the water pipe. Mr. Bennett stated
that the water pipe served only one structure which was the applicant's structure and that it was
to be moved as part of the application for the site plan approval. Mr. Nicholas stated that
several years ago the City had undertook looping of the water lines to provide stable pressure
at the fire hydrants and he questioned if the vacation of the alleyway would limit the City by
relinquishing an easement that could be utilized to accomplish the looping system. He asked that
the matter be researched further by the Building Official and the City of Cocoa's water
department. Agenda this item for Tuesday.
7. Discussion Re: Ordinance No. 03 -95, Amending City Code of Ordinances. Section 82-
32. to place a time limit on the validity of building permits.
Mr. Boucher stated that Mr. Bennett had redrafted the ordinance to provide for a three (3) year
time period to allow for completion of construction in all City zoning districts and to tie
enforcement back into the City's nuisance ordinance. He stated that the three (3) years was
based on the City of Clearwater case. Mr. Nicholas stated that the ordinance would be effective
only on new construction. Mr. Berger stated that he did not support the ordinance.
Mr. Don Haynes questioned what would be the penalties if construction did take longer than
three (3) years. Mr. Bennett stated that if the building permit expired, the developer would have
to come in and pull a new permit under any new Codes. The ordinance provided that the
unfinished construction could be enforced as a nuisance by the Code Enforcement Board under
the maintenance and building standards already within the City Code. Mr. Haynes objected to
the City enacting an ordinance because of one complaint and he felt that the proposed ordinance
was directed at one individual. He did not feel that the ordinance was necessary.
Mr. Nicholas stated that the ordinance would not be retroactive and would only apply to future
construction. Mr. Ken Morgan questioned if the City realized that there was a section in the
Standard Building Code which provided that if an individual could show progress on a building
project within a six (6) month period that the building permit shall not be canceled. Mr. Bennett
stated that the Standard Building Code was adopted by the City in its entirety by reference, but
the City certainly had the right to change any of the terms within the Standard Building Code.
Agenda this item for Tuesday.
8. Discussion Re: Ordinance No. 04 -95, Amending City Code of Ordinances, Section 70-
29(a). Levied, regarding the levying of a public services tax.
Mr. Boucher stated that Council had given staff direction to decrease the overall utility tax rate
to 8.95% and add a utility tax on water. Mr. Nicholas stated that the 8.95% rate would provide
that the utility tax on water would be "revenue neutral ". Mr. Boucher stated that the imposition
of a utility tax on water was an available revenue source if needed. Mr. Petsos stated that one
of the proposals was to eliminate the utility tax on water that was presently included, but not
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City of Cape Canaveral, Florida
City Council Workshop Meeting
February 2, 1995
Page 4
enacted, in the City's Code.
Mr. Bennett stated that the least impact to the citizens would be to remove the provision for a
utility tax on water from the City Code which would allow for no change on the citizens' bills.
If the rate change to 8.95 % was enacted along with the imposition of the same rate of tax on the
water services, the citizens would see a new tax on the water and they may not understand that
there was "no effective increase in their City -wide taxes". Mr. Nicholas stated that all he
wanted was for the Code book to be cleaned up to reflect what the City was actually charging
in utility taxes. Mr. Randels stated that the City had never levied a utility tax on water and the
perception to the citizens would be as the City Attorney stated that the City had raised taxes.
Agenda this item for Tuesday with a change to eliminate the wording in the City Code relative
to a utility tax on water.
9. Discussion Re: Fire inspection fees.
Mr. Boucher stated that he needed to know whether or not Council wanted to reduce the annual
fire inspection fees as had been previously discussed by Council. He stated that Dave Sargeant,
Fire Chief, had indicated that a fee of $35.00 would be reasonable as compared to the $50.00
fee currently being charged. He commented that the County's fire inspection fee was $25.00
but the program was inadequate and underfunded and Chief Sargeant wanted to have a top notch
fire inspection program.
Mr. Randels stated that the fire inspection fee would be imposed upon businesses for services
they were receiving and he felt that a fee of $35.00 was reasonable. He did not feel that the
residents should subsidize the businesses for the cost of the fire inspection fees. After
discussion, Council concurred to reduce the fees to $35.00. Agenda this item as an Ordinance
for Tuesday.
10. City Manager's Report.
Mr. Boucher stated that he had received a copy of the judge's order on the Royal Mansions
lawsuit and with Council's permission Attorney Pat Healy had drafted a letter that would be sent
to each condominium unit owner advising that if their units were rented for less than a seven (7)
day period that the owners could be subject to Code Enforcement Board action with applicable
fines. Mr. Nicholas stated that the City had also had problems with Cape Winds and that a copy
of the judgement should also be sent to them. Mr. Boucher stated that a press release would
also be prepared and sent out.
Mr. Boucher stated that he had received a letter from Florida Power & Light relative to
relocation of the utility lines. Council concurred to discuss this matter at the next Council
workshop meeting.
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City of Cape Canaveral, Florida
City Council Workshop Meeting
February 2, 1995
Page 5
Mr. Boucher announced that during a joint meeting of the Beautification Board /Commercial
Development Board there was a long debate about the redevelopment of A1A and the
Boardmembers came to a consensus to ask the City to have the new engineering firm develop
a task to complete conceptual drawings of what A1A should be and have the conceptual done
by June 1, 1995. Agenda a task proposal for conceptual A1A drawings for the next Council
workshop meeting.
Mr. Boucher stated that he would also be asking the new City engineers to submit a task
proposal for a Master Plan for City facilities. Agenda a task proposal for the Master Plan for
the next Council workshop meeting.
Mr. Boucher advised that he had met with Brevard County officials regarding the lifeguard
contract. He stated that the responsibility for lifeguards had been switched to the County's
Public Safety department and the 30% share of wages and benefits paid to the lifeguards would
be increased to 50% which equated to an additional cost of $5,000 to the City. The upgrade of
the program would include that all of the lifeguards be trained, the supervisors would be trained
EMT's and all of the lifeguards would be provided with 800 Megahertz radios, and the lifeguard
towers were going to be improved. All of the upfront costs to upgrade the program would be
borne by the County.
Mr. Boucher stated that Lt. Salvo had compiled the costs for uniforms and equipment for the
Citizens on Patrol (COPS) program. He stated that the City was looking to start out with a 10-
person unit. Agenda this item for discussion at the next workshop meeting. Mr. Boucher stated
that he did not have space available for the COPS program individuals to operate from and that
if the City was going to get all of the projected volunteers through its Volunteer Program then
he would need to come up with facilities available to use for the volunteers. Mr. Nicholas
questioned the use of the meeting room in the library and Mr. Boucher responded that he would
be checking with the Library Director regarding same. Mr. Boucher also suggested the
possibility of utilizing the Library meeting room as Council Chambers to free up the current
Council Chambers for use as office space. Mr. Randels also supported looking at the possibility
of using the library room.
DISCUSSION:
1. Ms. Miller distributed two (2) versions of a draft volunteer application; one would be
mailed directly to all residents within Cape Canaveral and the other version would be distributed
throughout all City facilities, post office, etc. She asked that Council review the applications
and make any recommendations for changes at Tuesday's meeting. Mr. Randels questioned if
the City was prepared to deal with even a 1% return (80 people) on the volunteer applications.
Mr. Boucher stated that we would need a volunteer to serve as volunteer coordinator as well and
he also addressed the need for additional office space for use by the volunteers.
2. Mr. Berger questioned how many individuals had picked up bid packages for the sewer
City of Cape Canaveral, Florida
City Council Workshop Meeting
February 2, 1995
Page 6
plant expansion and Mr. Boucher responded that he had not received that information from
Hartman & Associates as of yet. Mr. Boucher stated that the re- greening bid was due on
February 6, 1995.
3. Mr. Berger questioned the progress on the improvements to Tower Boulevard. Mr.
Boucher stated that the contract had been signed and hopefully construction would begin on
February 13th.
4. Ms. Miller stated that she was in the process of making preparations for the City's
Volunteer Banquet and the Space Coast League of Cities dinner. Both events were scheduled
in April and were proposed to be held at the Radisson Resort. She questioned whether or not
Council wanted to hold both events in Cape Canaveral. Council concurred to keep both events
in Cape Canaveral.
5. Mr. Petsos stated that the traffic counts along A1A justified the reduction of the speed
limit to 35mph and he asked if Lt. Salvo could research the possibility of reducing the speed
along A1A.
6. Mr. Randels commented on the streets signs in Harbor Heights being made of recyclable
materials. He questioned the mini signs that were within the subdivision that were too small to
be readable and Mr. Boucher would look into the matter.
7. Mr. Randels stated that he would be attending a seminar in St. Augustine sponsored by
the St. Johns River Water Management District relative to why local government should buy
land, Florida greenways, and economic impact of land acquisition in Florida.
ADJOURNMENT:
There . benv t
s, the meeting adjourned at 9:22 P.M.
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Faith G. Miller,
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