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Home My WebLink About11-09-1995 Regular MeetingI CITY COUNCIL REGULAR MEETING CITY HALL ANNEX THURSDAY November 9, 1995 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Art Berger Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: NEW BUSINESS: City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims 1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Berger to approve the City Council Meeting Minutes of October 17, 1995 as amended, inserting the names of appointees to each board appointment resolution. The minutes were approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. Mayor Porter read Resolution No. 95 -50 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 7, 1995; PROVIDING FOR AN EITECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Berger, Resolution No. 95 -50, Certifying the Election Results of November 7, 1995, was approved 5 -0 with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PRESENTATION: Mayor Porter and Mayor Pro Tem Randels presented outgoing Council Member, Art Berger, with a plaque in appreciation for his service on the City Council. Members of the Council and audience commended Mr. Berger for his efforts and accomplishments. Cape Canaveral City Council Regular Meeting Minutes November 9, 1995 Page 2 OATH OF OFFICE: 3. City Attorney, Kohn Bennett, administered the Oath of Office to Buzz Petsos and Burt Bruns, newly elected Council Members for three year terms. 4. Mayor Porter read Resolution No. 95 -51 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Porter, seconded by Mr. Petsos, and carried 5 -0, Resolution No. 95 -51 was adopted appointing Rocky Randels as Mayor Pro Tem for 1995/96. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. CONSIDERATIONS: 5. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos, authorization was given for the Mayor to execute the State Revolving Fund Loan Agreement No. CS 120825030 for Reclaimed Water Reuse Facilities in the amount of $2,211,573. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. 6. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, the Publishing Service Bid No. 95 -06, for printing "The History of the City of Cape Canaveral and the Cape Canaveral Area," was awarded to the low bid, All- Service Graphics Printing in Melbourne. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. 7. Mayor Porter read Resolution No. 95 -53 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS REQUIRED TO PUBLISH AND DISTRIBUTE COPIES OF THE BOOK, "THE HISTORY OF THE CITY OF CAPE CANAVERAL AND THE CAPE CANAVERAL AREA "; PROVIDING FOR AN EFFECTIVE DATE Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Resolution No. 95 -53 was approved authorizing the publishing agreement between the City and Mrs. Ann I I Cape Canaveral City Council Regular Meeting Minutes November 9, 1995 Page 3 Thurm. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. 8. Mayor Porter read Resolution No. 95 -52 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; GRANTING AN EASEMENT TO FLORIDA POWER & LIGHT CORPORATION FOR THE PURPOSES OF OBTAINING SERVICE TO THE CITY'S WASTEWATER TREATMENT FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney, Kohn Bennett, requested that non - substantive changes be allowed in anticipation that FP &L may require them and their response has not yet been received. Consensus was in favor. City Manager Boucher was requested to research the cost of burying the lines from the transformer to the plant. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Bruns, Resolution No. 95 -52 was approved granting an easement to Florida Power & Light Corporation. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. ORDINANCE: Second Reading: 9. Mayor Porter read Ordinance No. 26 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 2 -58, WORKSHOP MEETINGS, TO ELIMINATE REGULARLY SCHEDULED CITY COUNCIL WORKSHOP MEETINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Petsos to approve Ordinance No. 26 -95 for second reading. Mr. Nicholas stated that he is opposed to eliminating the meetings because it will limit opportunities for Council discussion. The Ordinance was adopted on second reading 3 -2, with voting as follows: Mr. Bruns, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, Against. I Cape Canaveral City Council Regular Meeting Minutes November 9, 1995 Page 4 CITY MANAGER REPORT • City Manager, Bennett Boucher, presented a request from Mr. Larry S. Weber, to establish a bingo facility in an M -1 zone, which also requires opting out of the county's ordinance. Discussion ensued regarding whether the business would interfere with local churches and other non -profit organization charities. Consensus was to place the item on the November 21, 1995 workshop agenda. • Mr. Boucher stated that he has received good reports on the status of the P2000 grant and should have a ranking by the end of November. • Mr. Boucher reported that the Building Official was terminated Wednesday, November 8, 1995 and Mr. Ken Grinstead will be Acting Building Official until an appointment is made. • Mr. Boucher stated that Mr. Scott Pendley, attorney from the Florida League of Cities, has requested a closed session with the Council regarding Cape Sierra litigation. This meeting will be scheduled for November 16, 1995 at 5:30 p.m. in the City Hall Annex. AUDIENCE TO BE HEARD: Mrs. Ann Thurm was present inquiring about the dismissal of Building Official, Jim Morgan. She queried why an outside attorney is needed and asked for the cost. She further queried about Mr. Morgan's severance pay. City Manager Boucher responded that Mr. Robin Fawsett, of Shutts and Bowen, represented the City in 1993 when the initial reprimand was given Mr. Morgan. Mr. Fawsett was retained at this time due to his familiarity with the case and thorough knowledge of our personnel policy. His cost is $150 per hour. Mr. Morgan will be given his pay for all vacation accrued and one half his sick leave accrued as stipulated in the personnel policy. General employees do not receive severance pay. Mr. James O'Toole agenda request: Letter Log No. 950351 11/6/95 Mr. James O'Toole, a city resident, was present and read a letter into the record (Log No. 950350- 1103). CITY CLERK'S REPORT City Clerk, Sandra Sims, reported that Ms. Peggy Sue Shroat and Ms. Mary Ernst met with her to acquire literature to research for a grant to acquire land adjacent to Cherie Down Park. I Cape Canaveral City Council Regular Meeting Minutes November 9, 1995 Page 5 CITY ATTORNEY'S REPORT City Attorney, Kohn Bennett, presented a brochure to Mayor Pro Tem Randels regarding the Florida Shores and Beaches Conference. MAYOR PRO TEM RANDELS REPORT • Mr. Randels reported that he met with the Executive Editor of Florida Today at the Leadership of Brevard meeting. He stated that she takes our articles seriously and will correct any article which is published incorrectly. • Mr. Randels reported that he has the League of Women Voters' listing of public officials for Brevard County for distribution. • Mr. Randels reported that he received a report that reflect a 2% increase in tourist tax in spite of Hurricane Erin; a 30 % increase in inquiries; and a 9.3 % increase in hotel occupancy. • Mr. Randels reported that he will be presenting a plaque to visiting children from the Florida Elks Children's Hospital on behalf of the Mayor. • Mr. Randels distributed a Communications Crisis Plan Brochure. • Mr. Randels reported that he attended a Fibre Optics seminar and took our Southern Bell contract for analysis. He stated that our franchise was generally complementary, with only a few exceptions. BUZZ PETSOS REPORT • Mr. Petsos commended the Recreation Department for an outstanding "Haunted Forest." • Mr. Petsos commended staff for maintaining more than 590 days without an accident. City Manager Boucher stated that he would like to have a barbecue lunch at xeriscape park, hosted by management and the City Council on December 1. The Council was in consensus. LEO NICHOLAS REPORT • Mr. Nicholas queried if the League of Cities have been apprised of the Building Official termination. City Manager Boucher stated that he will. Cape Canaveral City Council Regular Meeting Minutes November 9, 1995 Page 6 • Mr. Nicholas reported that Code Enforcement needs to improve the procedures for the timely removal of junk cars. Mr. Boucher stated we are reviewing current procedures and this might be a good project for the COPS program. • Mr. Nicholas stated that he is concerned that the city is advertising for a part-time accounting clerk after we have dismissed two long term employees. Mr. Boucher related that this hiring in compliance with the original plan in reorganizing the Finance Department. Mr. Nicholas queried if Ms. Pilarczyk was informed of the position. Ms. Sims stated that she was aware of the position before her termination and had briefly considered the position. • Mr. Nicholas expressed concern that the City Manager's report reflected $17,000 being spent for sidewalk projects that have not been determined by Council. He suggested that Council re -visit the city's goals and objectives on a time line basis. • Mr. Nicholas queried if dumpsters are being sanitized as stipulated in the Western Waste contract? Mr. Boucher responded that Western Waste reports that they are being sanitized monthly as required. • Mr. Nicholas queried if Western Waste can refuse to collect fluorescent lights for recycling, he also asked the City Attorney to review the current franchise agreement with Western Waste to see if they are obligated to provide this service. BURT BRUNS REPORT • Mr. Bruns stated that even though he has no report, he found the workshop and regular meeting to be very interesting. MAYOR PORTER REPORT • Mayor Porter reported that the November Volunteer Project will actually be held on December 2 which will be the mulching and weeding of Washington Park. • Mayor Porter reported that a Tree Lighting Ceremony will be held at Xeriscape Park, with Taylor blocked as it was for the haunted forest, on December 12. Rockwell International will be financing the function, Cape Press will advertise and the public works department will decorate. The festivities will begin at 6:45 p.m. with music and refreshments at 8:00 p.m. ADJOURNMENT Cape Canaveral City Council Regular Meeting Minutes November 9,, 1995 Page 7 ,,The -Meeng:adaned at 935 p.m. Attest: Sandra O. Si 'f ") =AL- s, CITY CLf,R)K °C. coo