Loading...
HomeMy WebLinkAboutMinutes 11-01-1994 RegularCITY COUNCIL REGULAR MEETING November 1, 1994 A Regular Meeting of the Gape Canaveral City Council Was held on November 1, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting Was called to order at 7:00 P.M. by Mayor Salamone, ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim Assistant City Attorney City Clerk ADOPTION OF MINUTES: Toy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present Patrick Healy Present Faith Miller Present 1. Regular Cit Council Meetinji of October 18 1934. Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of October 18, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 38 -94 Granting a Franchise to Time Warner Entertainment Company L.P. to construct, operate and maintain a cable television system in the City, for . second and final readin . Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON -- EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVER; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1394 Page 2 USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 38-94 at second and final reading. Mr. Randels spoke briefly regarding several key points within the franchise agreement including the customer service standards which were above and beyond the FCC standards. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Motion Re: Quarterly budget, transfers. Motion by Mr. Randels, seconded by Mr. Porter to accept the quarterly budget transfers as presented for the quarter ending September 30, 1994. Mayor Salamone stated that Council really liked to see the $106,000 placed in contingency. Mr. Randels questioned the inclusion of 50% of the sick time and loo % of the vacation time accrued as an unfunded liability. Ms. Haggerty stated that the addition was the implementation of GASB 16 which required that the FICA tax liability and pension be included as unfunded liabilities, as well as the inclusion of sick and vacation time which was standard practice. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No. 94 -58 A intin a re ular member to the Zonin2 Board of Adjustment. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 3 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -55 for the appointment of Earl McMillin as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Resolution No. 94--59 Amointing a re ular member to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94--59 for the appointment of Russell W. Ward as a regular member of the Code Enforcement Board in the Citizen designation with a term to expire on October 1, 1997. Mr. Randels suggested that new Boardmember packets be hand delivered to new Boardmembers. Mr. Nicholas suggested that an orientation session be held for new Boardmembers as well. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. City Manager's Report. Mr. Boucher reported that 83 children attended the Halloween party sponsored by the City's Recreation Department. Mr. Boucher stated that the Department of Revenue had reviewed the City's millage certification documents and determined that it meet the Truth in Millage (TRIM) Certification. Mr. Boucher announced that the Canaveral Port Authority passed a resolution opposing Cocoa Beach's resolution on the use of the Tourist Development (TDC) funds because the TDC had City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 4 earmarked 25% of their funds for beach renourishment in the future. Mr. Boucher stated that with regard to the State Revolving Loan (SRF) he had received word from the Department of Environmental Protection (DEP) that there had been a cut in their federal funding and that there were no funds available for the 1995 allocation. He had inquired as to what course of action could be taken by the City and DEP in Orlando stated that the City could receive a nine (9) month extension to the Indian River Lagoon Act that would extend the time limits to March 31, 1996. He stated that DEP in Tallahassee had advised that if the City was first in line for 1996 funds, the City could start drawing on the funds in October, 1995, which would allow six (6) months to construct the reuse system. Mr. ReVoir stated that the reuse system could be constructed within six (6) months. Mr. Boucher advised that Tallahassee had advised that the City should proceed with its public hearing, process the loan application and then by December the City would have an approved application ready for funding. He stated that he had been advised that it was not unusual for a funding, cycle to occur without at least one community forfeiting its allocation and if the City was ready on January 1, 1995, and another community forfeited their funds, then the City would have first right to the available funds. The City had scored 865 points for its project which made it the highest scored City requesting funds. Mr. Nicholas questioned if the City had to wait until 1996 to receive the funds would the interest rate be increased and Mr. Boucher responded affirmatively based on current market trends. There was discussion regarding the availability of sewer fund reserves. Mr. Boucher stated that DEP had advised that legislation had been passed that gave cities who were mandated by the Indian River Lagoon Act priority over other cities for the SRL funds. He stated that currently the two million dollars left available in SRL funds was being distributed to three (3) communities for planning purposes. Mr. Nicholas recommended that the City approach the Brevard County Legislative Delegation for assistance. Mr. Boucher reiterated that DEP would give the City a 9 -month extension and Mr. Porter stated that the time would allow the City to complete a comprehensive survey of the City to determine who would be willing to pay for and hook up to reuse water. DISCUSSION: 1. Mr. Berger questioned the status of the reconstruction of Lift Station No. 1. Mr. Boucher advised that the Public works Director felt it would be beneficial to wait until the beginning of 1995 to re -bid the project. 2. Mr. Berger commended Mr. Revoir for an excellent job in preparation of the Amended Wastewater Facilities Plan. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 5 3. Mr. Nicholas referenced the notice of intent to sue with regard to the road collapse on West Central Avenue and questioned whether the City had notified its insurance company. Mr. Boucher responded that the insurance carrier had been notified and that the insurance company would be notifying the attorney that the City had no liability due to the road collapse being caused by the City of Cocoa's water main break. 4. Mr. Nicholas questioned how rapidly the City was progressing with rehabilitation of the sewer lines. Mr. Boucher stated that Mr. Gluskin was waiting for the County's bid process to be complete because he wished to piggy -back off the County's bid. ADJOURNMENT: There being no further business, the meeting adjourned at 7:28 P.M. Approved this 15 th ATTEST: da y of November � 994. r J C. Oamone, MAYOR Faith G. Miller, CITY CLERK