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Home My WebLink About12-05-1995 Regular Meeting• • • CITY COUNCIL REGULAR MEETING CITY HALL ANNEX TUESDAY December 05, 1995 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: Kohn Bennett, City Attorney Bennett Boucher, City Manager Sandra Sims, City Clerk CONSIDERATIONS: 1. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, the offer to finance sewer impact fees for Lloyd's Restaurant was rescinded. Voting was as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, the Employee Christmas Bonuses were approved as submitted by City Manager Boucher. RESOLUTIONS: 3. Mayor Porter read Resolution No. 95 -57 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO PUBLIC TELEPHONE SERVICE; EXTENDING THE EXPIRATION DATE OF THE AGREEMENT GRANTED PURSUANT TO THE ORDINANCE ADOPTED ON AUGUST 3,1965, MAKING FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos to adopt Resolution No. 95 -57, Extending the BellSouth Telephone Franchise Agreement. Mayor Pro Tem Randels stated that BellSouth's lack of acceptance of the ordinance is an opportunity to re -open the matter to • City Council Regular Meeting Minutes December 5, 1995 Page 2 approach technological possibilities and potentially change the term of the agreement to five year increments. Ms. Judy Spencer, representative for BellSouth, stated that the ordinance was acceptable with the stated caveat. She further stated that re- opening the franchise discussions would not be readily received by BellSouth. Kohn Bennett, City Attorney, stated that it appears the stipulation offered by BellSouth is an attempt to limit the City's indemnity. The resolution was adopted 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Mayor Porter read Resolution No. 95 -58 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Bruns, Resolution No. 95 -58 was adopted appointing Jovan Barzelatto and Pamela Tuscany Warren as Regular Members to the Commercial Development Board of the City of Cape Canaveral, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 5. Mayor Porter read Resolution No. 95 -59 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos, Resolution No. 95 -59 was adopted, appointing Nancy Young as a regular member of the Beautification Board of the City of Cape Canaveral, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mayor Porter read Resolution No. 95-60 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF AMARI, THERIAC & RISENMENGER, P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN • City Council Regular Meeting Minutes December 5, 1995 Page 3 EFFECTIVE DATE. Upon a motion by Mr. Petsos and seconded by Mayor Pro Tem Randels, Resolution No. 95-60 was adopted, authorizing the legal services contract with the law firm of Amari, Theriac & Eisenmenger, P.A., with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. ORDINANCE - FIRST READING: 7. Mayor Porter read Ordinance No. 16 -95 by title for first reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, BY CREATING ARTICLE III, COMMUNITY APPEARANCE REVIEW, RELATED TO THE CREATION AND DUTIES OF THE COMMUNITY APPEARANCE BOARD ( "BOARD "); MAKING FINDINGS OF FACT AND STATING THE PURPOSE AND INTENT OF THE BOARD; PROVIDING PROCEDURES AND RULES OF CONDUCT FOR PUBLIC PROCEEDINGS; PROVIDING DECISION MAKING CRITERIA; PROVIDING FOR ENFORCEMENT OF FINAL DECISIONS; PROVIDING FOR APPEALS OF FINAL DECISIONS; AMENDING SECTION 34-98 OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF PRIOR INCONSIS'I'JNNT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, Ordinance No. 16- 95, Establishing a Community Appearance Board was approved for second reading. Voting was as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. REPORTS: Audience: • Mr. Larry Weber appeared before Council to query about the status allowing Bingo facilities in the City of Cape Canaveral. • Mr. Douglas Melvin appeared before Council protesting alleged selective enforcement of the sign ordinance and requesting to de -annex his four lots. • Ms. Gabriella Cahaley appeared before Council requesting that the City support the 1996 Jingle Bell Run for the Arthritis Foundation. She will appear again next Council Meeting. City Manager's Report City Council Regular Meeting Minutes December 5, 1995 Page 4 City Manager, Bennett Boucher thanked the Council for participating in the Employee Safety Award luncheon barbecue held at Xeriscape Park on Friday, December 1, 1995. • City Manager Boucher reported that he attended the Avon -by- the -Sea Homeowners Association Meeting which went well. • City Manager Boucher reported that a meeting was held in his office on Friday, December 1 to discuss curb cut issues effecting the proposed McDonald's and the new Post Office. Mr. Dick Thompson of FDOT was present. • City Manager Boucher reported that the James E. Morgan Evidentiary Hearing was held today regarding his dismissal as Building Official. City Clerk • City Clerk, Sandra Sims, reported that the next Employee Seminar will be held on January 26, 1995 on the topic of, "Tax Planning." • Ms. Sims reported that she attended workshops on Document Management Technology and Human Resources Team Building while in California on compensation leave. Burt Bruns • Mr. Bruns reported that he has visited most business owners and the general tone is that business has been only so -so this year. Leo Nicholas • Since the City is installing sidewalks, Mr. Nicholas queried if there is a way to receive reimbursement from property owners of vacant property when the property is developed, possibly by exaction? • Mr. Nicholas queried if a list has been developed to present to FPL for more street lights. Buzz Petsos • Mr. Petsos queried if the Stottler money and design issue been resolved? Mr. Boucher responded that it had. • Mr. Petsos commented that upon reviewing the submitted P2000 grant application, it appear to have a lot of incomplete items. He and Mayor Pro Tem Randels will inquire regarding the status and to discern if they might be able to answer some of the unanswered questions. • City of Cape Canaveral, Florida • Regular City Council Meeting December 5, 1995 Page 5 • Mr. Petsos reported that the Ridgewood Avenue sidewalk looks good. Mayor Pro Tem Randels • Mayor Pro Tem, Rocky Randels, reported that the City of Cape Canaveral has to make a presentation at the end of year Spacecoast League of Cities Dinner. • Mr. Randels reported that the City of Cape Canaveral has an opportunity to place its Code of Ordinances on the Internet. • Mr. Randels reported that the County is developing a Community Priority Assessment which we need to respond to. Mayor Porter • Mayor, John Porter, reported that he will make the address at the League of Cities dinner mapping the City of Cape Canaveral's course of direction. • ADJOURNME `]C: '10:10 p.m. Sandra( Sims, CITY CLERK hn K. Porter, MAYOR