HomeMy WebLinkAbout03-21-1995 Regular Meetingr
CITY COUNCIL
REGULAR MEETING
March 21, 1995
A Regular Meeting of the Cape Canaveral City Council was held on March 21, 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 Porter.
ROLL CALL:
Mayor John Porter Present
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
Acting Deputy City Clerk Susan Stills Present
PRESENTATIONS/PROCLAMATIONS:
1. A presentation was made by Fire Chief Dave Sargeant to Mrs. Diana Moriarty for her
rescue efforts of Mr. and Mrs. Winchester after a gas explosion in their home on January 22,
1995. Mrs. Moriarty expressed that she was glad to be able to assist the Winchesters and she
hoped that anyone else in a similar situation would come to the aid of those in need. Mr.
Nicholas requested that staff invite that Mrs. Moriarty this year's Volunteer Appreciation Dinner
on April 8th.
2. Mayor Porter read the Proclamation for Clean-Up Month, April 1995, and Trash Bash
Day, April 1, 1995, and presented the proclamation to Mr. Randels for his work with the Keep
Brevard Beautiful program in Cape Canaveral.
ADOPTION OF MINUTES:
1. Regular City Council Meeting of March 7. 1995.
Motion by Mr. Randels, seconded by Mr. Petsos to approve the minutes of the Regular City
Council Meeting of March 7, 1995. Motion carried with members voting as follows: Mayor
Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember
Nicholas, For, Councilmember Petsos, For.
PUBLIC HEARINGS:
1. Ordinance No. 06 -95. Amending City's Code of Ordinances, establishing Section 74-63.,
Brevard County's Civil Traffic Infraction Hearing Officer Program Adopted, for second and
final reading.
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City of Cape Canaveral, Florida
Regular City Council Meeting
March 21, 1995
Page 2
Mayor Porter read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 74, TRAFFIC AND VEHICLES OF THE CITY OF
CAPE CANAVERAL CODE OF ORDINANCES BY ESTABLISHING SECTION 74 -63,
BREVARD COUNTY'S CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM
ADOPTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mayor Porter, seconded by Mr. Randels to adopt Ordinance No. 06 -95 at second and
final reading. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro
Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For, Councilmember
Petsos, For.
2. Ordinance No. 07 -95_, Amending City's Code of Ordinances, Chapter 78, Utilities, by
adopting Article IV. Reclaimed Water, providing policies and regulations for installation and use
of the reclaimed water system, for second and final reading.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 78, UTILITIES, OF THE CITY OF CAPE
CANAVERAL CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE "IV ",
RECLAIMED WATER; PROVIDING POLICIES AND REGULATIONS FOR
INSTALLATION AND USE OF THE RECLAIMED WATER SYSTEM; ESTABLISHING
RATES AND CHARGES; PROVIDING FOR INSPECTIONS; PROHIBITING TAMPERING
OR UNAUTHORIZED WORK ON THE SYSTEM; PROVIDING PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DA Ili.
Motion by Mr. Randels, seconded by Mr. Petsos to adopt Ordinance No. 07 -95 at second and
final reading. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro
Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For, Councilmember
Petsos, For.
NEW BUSINESS:
Mr. Boucher spoke with Ms. Barbara Myers, Bicycle Coordinator with Brevard County,
regarding the improvements on the west side of North Atlantic Avenue. The County will be
making adequate improvements to the crosswalks and roadways and the reflective stakes that
were removed will be replaced.
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City of Cape Canaveral, Florida
Regular City Council Meeting
March 21, 1995
Page 3
Mr. Boucher explained that staff applied for the Managed Care program with the Florida League
of Cities which provided a 10% discount on Workers' Compensation Insurance. The facilities
designated by the program for emergency use were already utilized by City employees and
applying to the program provided an additional savings of approximately $4,000 annually.
Lt. Salvo stated that details for telephone service carriers of the "Tip Line" phone were being
researched and volunteers for the COPS program were ready for duty with more volunteers
being added as they submit applications.
Mrs. Stills said that she spoke to Sandra Spears who volunteered to call the people who
submitted volunteer applications and were interested in doing clean-up projects. Ms. Spears
received 20 positive responses to her calls.
Mr. Anthony Garganese introduced himself as Kohn Bennett's law partner.
Mr. Randels announced that he attended the Tourist Development Council meeting and that grant
applications for beach improvement were reactivated from April 1 through May 31, 1995. He
explained that the grants could be used for various beach improvements. Council agreed to use
the grant for more receptacles on the beach side, vegetation of the replenished sand, and
extending and refurbishing of crossovers. Mr. Randels commented on the Alternative
Sentencing program in which people perform community service to clean up the beach. The
program was funded by the County for three (3) guards for supervision. Mr. Randels said he
would also attend an upcoming meeting with Brevard Legislators in Tallahassee to request
$1.206 million for Brevard County libraries.
Mr. Petsos questioned about reported oil on the beach. Chief Sargeant explained that he had
been notified of an oil spill on the beach, but his staff found only the normal tar residue that
washes on shore. Chief Sargeant said that the Florida Department of Environmental Regulation,
the Florida Marine Patrol and the U.S. Coast Guard were notified but they did not find any
hazard in the residue.
Mr. Nicholas noted that Purcell's Carpets had enclosed their dumpster area. Mayor Porter
directed staff to send a thank you letter be to Purcell's. Mr. Randels added that people who had
complied with the sign ordinance should also be sent a thank you letter.
Mr. Nicholas stated that a local car rental agency had obtained a special exception that had not
been used for a security fence. He asked that a "sunset" be placed on special exceptions when
they are not used. Council agreed that instances of not using special exceptions should come
before the Planning and Zoning board. Discussion followed on the consequences of special
exceptions that were not used.
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City of Cape Canaveral, Florida
Regular City Council Meeting
March 21, 1995
Page 4
Mr. Nicholas questioned Mr. Garganese on the right of the Code Enforcement Board to set aside
a penalty fee in the occupational licenses when they did not impose this fee. Mr. Garganese
answered that the board could not waive statutory fees but could waive fines on any fees that
it levied.
Mr. Nicholas commended Ms. Hanson on her work with the Patriots' Day Parade and suggested
that past Mayors be invited to participate in upcoming Patriots' Day Parades. He also
recommended looking into the cost of placing a flyer in the FLORIDA TODAY on the day of
the parade as a reminder.
Mr. Nicholas asked if the City would bid the audit services contract. Mr. Berger asked the City
Manager for his recommendation on bidding the audit services and if staff could prepare the bid
package. Mr. Boucher said that although there were many current projects, staff could manage
to prepare a bid package. Council agreed/to bid the audit services contract for the next fiscal
year. mA =Ty !lf
Mr. Nicholas commented on the minutes of a Port meeting which addressed joint marketing
between Cape Canaveral and the Port. Mayor Porter explained that the Port desired to attract
businesses outside of the Brevard area and Cape Canaveral was included in the last Port Journal
because of its location to the Port. Mr. Nicholas also noted a letter from Mr. James O'Toole
requesting photocopied information. Mr. Boucher said that staff had responded to Mr. O'Toole
and gave him a price list which falls under the Florida Statutes for any photocopy work done
by staff
Mr. Berger announced that he was a member of the select committee of the 45th Space Wing
Restoration Advisory Board. This Board of various citizen groups will decide the priorities and
fund allocation for hazardous material clean-up on military installations with the help of state
environmental agencies.
Mayor Porter expressed that he would like to see staff implement a "Feedback Card" within the
complaint process. He had spoken to Karen Andreas about her office's complaint system and
they had provided responses for tracking purposes. He felt that a response card from the
complainant would ensure that matters were handled acceptably and would provide better
communication for Council and staff. Mayor Porter also suggested looking into the use of the
County's "Neighborhood Mediation" board. He explained citizens could go before this board
to settle any ongoing disputes.
Mr. Nicholas asked Lt. Salvo if the Sheriff's Department used the speed indicator that was
purchased. Lt. Salvo said that the speed indicator was being used at least once a week. Mr.
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City of Cape Canaveral, Florida
Regular City Council Meeting
March 21, 1995
Page 5
Petsos commented on the all terrain vehicle being used on the beach on Sundays. Lt. Salvo said
that the bicycles would also be used now in the beach area due the change of season.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:05 P.M.
Approved this 4th day of Apri 1 , 1995.
ohn K. Porter, MAYOR