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Home My WebLink About06-06-1995 Regular Meetingr CITY COUNCIL REGULAR MEETING June 6, 1995 A Regular Meeting of the Cape Canaveral City Council was held on June 6, 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 City Clerk Sandra Sims Present Finance Director Deborah Haggerty Present Police Department Lt. Steve Salvo Present PROCLAMATION: "Code Enforcement Week" Mayor Porter read the proclamation in full and presented it to staff to forward to the Code Enforcement Officials. Business: 1. Mayor Porter and City Manager Boucher presented Kay McKee the Special City Employee Award, commending her on work well done. 2. Regular City Council Meeting of May 16. 1995. Motion was made by Mayor Pro Tem Randels, and seconded by Mr. Petsos to approve the minutes of the Regular City Council Meeting of May 16, 1995, as presented. Motion carried with members voting as follows: Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. I r Regular Meeting Minutes June 6, 1995 Page 2 3. Motion was made by Mayor Pro Tem Randels, and seconded by Mr. Berger to authorize the City Manager to purchase a Pitney Bowes Model 9346 copier in the amount of $6,375, utilizing the University of Florida Contract #94D -81VC. The Motion carried with members voting as follows: Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. RESOLUTIONS: 4. Res. No. 95 -17, Establishing a New Schedule of Rates for Garbage and Trash Mayor Porter read the resolution by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Mayor Pro Tem Randels, seconded by Mr. Nicholas, and carried to adopt Resolution No. 95 -17. Deborah Haggerty, Finance Director, reported that Western Waste was not favorable to providing make -up waste collections when holidays interfere with regular pick up. No one was present representing Western Waste. Motion was made by Councilmember Nicholas and seconded by Councilmember Berger to table the issue until holiday make -up collection has been addressed by Western Waste. Voting was as follows: Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. Mr. Bob Hiers, representing Western Waste, appeared later in the meeting and was allowed to speak. Mr. Hiers related that in the history of the contract, make -up collections have never been an issue and Western Waste has not received a rate increase since 1992. Further, commercial pick ups with three and more pick ups per week are being calculated at 4 weeks per month, versus 4.33 as it should be. He will conduct further research and return to the Council at its next meeting. Ordinances. First Reading 5. Ordinance No. 11 -95, Temporary On- Premises Signs Mayor Porter read the ordinance by title. i Regular Meeting Minutes June 6, 1995 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94, SIGNS, BY AMENDING SECTION 94 -76, TEMPORARY ON- PREMISES SIGNS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilmember Berger and seconded by Mayor Pro Tem Randels, to approve Ordinance No. 11 -95 for second reading. Discussion ensued revealing that Section 1. is subject to misinterpretation as presented. There was no public comment. Motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to amend Ordinance No. 11 -95 by creating subparagraph (a) in the first paragraph; creating subsection (b), striking - otherirovisien in this chapter, beginning the sentence with "A temporary on- premise banner... ". Voting was as follows: Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. Vote on the main motion was as follows: Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 6. Ordinance No. 12 -95, Temporary Off - Premises Signs Mayor Porter read the ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94, SIGNS, BY AMENDING SECTION 94 -1, DEFINITIONS, TO PROVIDE A DEFINITION OF A PUBLIC INTEREST SIGN AND BY AMENDING SECTION 94 -81, TEMPORARY OFF - PREMISES SIGNS ON A TEMPORARY BASIS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilmember Berger and seconded by Mayor Porter to approve Ordinance No. 12 -95 for second reading. Discussion ensued with Mr. Randels expressing concern that this provision could allow additional cluttering of signs. City Attorney, Kohn Bennett, explained that there were specific requests by three organization at the Planning and Zoning meetings which promulgated section 94- 81(b)(3), and allows for control. Voting was as follows: Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. Regular Meeting Minutes June 6, 1995 Page 4 City Manager's Report. 1. City Manager, Bennett Boucher, related that a date must be set for presentations and interviews of the Audit Service candidates. Mr. Nicholas explained that the engineering service presentations are examples of why it is important to allow presentations and interviews after the bid documents have been studied. Personal interaction often reveals more than a written proposal, influencing a decision which might be made strictly on written responses to the Request for Proposal. Consensus was to set the Audit Service presentations and interviews for Thursday, June 15, 1995, at 5:30 p.m., with each firm appearing in alphabetical order in twenty- minute intervals. A decision will be made at the June 20, 1995 Regular Meeting on the selected firm. 2. City Manager Boucher reported that Scott Pendley, attorney, filed a motion on behalf of the city to dismiss the Cape Sierra law suit with in the United States District Court in Orlando and indicated that it went well. He expects an answer within three weeks. 3. City Manager Boucher reported that a movie entitled, "The Last Perfect Wave," may be filmed in Cape Canaveral. 4. City Manager Boucher reported that Tallahassee should send a letter approving bid documents for the City's wastewater treatment upgrade project. Lt. Steve Salvo Lt. Salvo reported that graduation exercises will be held for the COPS(Citizens on Patrol) trainees on June 19, 1995 at 8:00 p.m. Councilmember Art Berger No report. Councilmember Leo Nicholas Mr. Nicholas reported that he is concerned about street lights which are burned out and unreported to FPL. He suggest that a plan be set by staff to do periodic checks of street lights. r L Regular Meeting Minutes June 6, 1995 Page 5 Councihnember Buzz Petsos 1. Mr. Petsos queried if staff has forwarded a letter to the County Commission regarding disallowing children in bars. Consensus was not to issue a letter of support until an ordinance has been proposed. 2. Mr. Petsos queried about the status of the Port's next year beach renourishment. City Manager Boucher will research the specifications and report back. Mayor Pro Tem Rocky Randels' Report 1. Mr. Randels reported and showed a book published by the Tourist Development Council. 2. Mr. Randels reported that it was a good turn out at the Cocoa Beach 70th Anniversary Celebration. 3. Mr. Randels reported on a seminar he recently attended, conducted by Paul Gougelman regarding the physical taking and regulatory taking of lands. 4. Mr. Randels reported and showed a "Boaters Guide," published by the Indian River Lagoon Authority. 5. Mr. Randels reported and showed a booklet published by the Chamber of Commerce, listing all manufacturers in Brevard County. 6. Mr. Randels commented that the Beautification Board project list is not detailed in an overall concept. Mayor Porter will research the status. 7. Mr. Randels reported on a Preservation 2000 meeting he attended. He related that there are several grants which the city could possibly pursue. He further queried if there is someone who could pursue one of these grants. Mayor Porter responded that he and City Manager Boucher met with a firm who works on a contingency basis for a commission. 8. Mr. Randels queried if there is an interest in a jet -ski ordinance? Consensus was to place the issue on the June 29, 1995 workshop agenda. Mayor Porter Mayor Porter requested staff to pursue the Port requesting a portion of Sea Oats which were received under the joint TDC grant. r 1. Regular Meeting Minutes June 6, 1995 Page 6 Audience to be Heard No one from the public appeared for comment. ADJOURNMENT: There being no further business, the meeting adjourned at 8:55 P.M. Approved this, 20th day of June, 1995. ,eo ATTEST: ohn K. Porter, MAYOR Sandra O. S`rins, CITY CLERK