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Home My WebLink About12-19-1995 Regular MeetingCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Others Present: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX TUESDAY December 19, 1995 7:00 P.M. MINUTES Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Kohn Bennett, City Attorney Bennett Boucher, City Manager Sandra Sims, City Clerk PRESENTATION: Mayor Porter presented a Mayor's Award Certificate to Mayor Pro Tem, Rocky Randels commending him for presenting the P2000 grant opportunity before Council which will likely award the City with $1.1 million for the development of a Manatee Preservation Park on the Banana River. Gabriella Cahaley presented a video and requested that the City Council support the Arthritis Foundation's Jingle Bell Run for 1996. Council consensus was in favor of supporting the event at costs of approximately $1,000. CONSIDERATIONS: 1. City Treasurer, Deborah Haggerty Barker, reported that the City closed the 94/95 fiscal year with $127,023 in reported income in excess of expenditures. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, the Budget Transfers and City Treasurer's Report for September 30, 1995 was approved, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. City Council Regular Meeting December 19, 1995 Page 2 2. Fire Chief, David Sargeant, recommended the alternative bid for purchasing a complete new vehicle. He explained that advantages for purchasing the new truck versus refurbishing the old *ten year warranty, whereas refurbishing would cover only the chassis •Hackney will purchase the old truck for $4,000 Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas to Awarding Bid No. Support Vehicle to Hackney, in the amount of $109,997. 95-07 to purchase a new Emergency Supp For; Mr. Nicholas, For; Mr. Petsos, The bid yor was awarded o; and following o Pro Tem Randels, For. For. For; Mayor 3. Upon a motion by Mayor Pro Tem Randels and seconded Mr. & �SO�a � � Services for the North Atlantic Pedestrian Way was awarded of $12,000. Voting was as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Upon a motion by Mr. Nicholas and seconded by Mr. Bruns Voting was sas utf'tolllowsr Mr. runs, was granted for the Brevard County Special Olympics. For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Judge DISCUSSION: Regulation clof osed Adult si n Entertai nment r t City Council to ruling by the Fawsett, a closed session attorneys to discuss strategy. The meeting was scheduled for December 29, 1995 at 9:30 a.m. are: uESO1 UTIONS: 6. Mayor Porter read Resolution No. 95-61 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, B�� COUNTY, FLORIDA; APPOINTING REGULAR AND FLORIDA; PLANNING AND ZONING BOARD OF THE DATE. CITY OF CAPE CANAVERAL, PROVIDING FOR AN EFFECTIVE A motion was made by Mayor Porter and seconded by Mr. Nicholas to approve Resolution No. 95-61, appointing Dr. John Fredrickson and James Lewis as regular members; Joe Elliott as 1st alternate and Arthur Berger as 2nd alternate to the Planning and Zoning Discussion ensued that Mr. Berger's knowledge would be very valuable to the Planning and Board. Mayor Porter clarified his position for suggesting Mr. Berger as second alternate due to possible conflicts due to Mr. Berger's wife's testimony in the former Building Official's evidentiary hearing. An amendment to the motion was made by Mr. Nicholas and seconded by Mr. Petsos appointing Dr. John Fredrickson and Arthur Berger as regular members, James Lewis as 1st alternate City Council Regular Meeting ID December 19, 1995 Page 3 • • and Joe Elliott as 2nd alternate to the Planning and Zoning Board. The amendment passed 4 -1 as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, Against; and Mayor Pro Tem Randels, For. Voting on the main motion was 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. 95-62 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF COCOA BEACH FOR SEWAGE EFFLUENT REUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Resolution No. 95- 62. Discussion ensued regarding items which were changed in the resolution submitted by the City of Cape Canaveral which are not acceptable, specifically: • page two - term "promises" inappropriate for agreement • that the City of Cocoa Beach can not tap in to the 12 -inch line for the "term of the agreement" • now reads actual cost (reimbursement) should read "construction cost" • the word "exclusive" - what is the meaning? It appears that water can go both ways in the pipe. Pipe should be used only to send water to Cocoa Beach. • "subject to the cessation by Cocoa Beach" (indicates that only Cocoa Beach can determine what is wet weather) City Manager Boucher stated that this term is acceptable because we are not limited to a certain number of wet weather days while we are permitted to discharge into the river. • page three - the commencement date is substantial different than the date we had proposed • last page - operating protacol shall be established ...both systems may operate independent of one another, said protacol shall be agreed upon no later than July 1, 1996 (an agreement to agree in the future is not an agreement) The City Manager and City Attorney will address the inconsistencies and possibly arrange for a round table discussion with the Cocoa Beach City Council. The resolution failed 0 -5, with voting as follows: Mr. Bruns, Against; Mr. Nicholas, Against; Mr. Petsos, Against; Mayor Porter, Against; and Mayor Pro Tem Randels, Against. City Council 411 Regular Meeting December 19, 1995 Page 4 ORDINANCE - SECOND READING: 8. Mayor Porter read Ordinance No. 16 -95 by title. 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; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos, Ordinance No. 16 -95 was adopted with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mayor Porter stated that he had wanted Mr. Berger to chair the Community Appearance Board. REPORTS: • City Manager's Report • City Manager, Bennett Boucher, reported that he was contacted by the FDEP that the Port Authority has applied for a re-use permit with the City of Cape Canaveral as the provider. He further stated that the port's preliminary engineering report has been received. Council consensus was for the City Manager to proceed with negotiations with the port for re -use and sewer. • City Manager Boucher reported that the new deputy will be on board in January as facilitated by the COPS FAST grant. • City Manager Boucher reported that he has researched the Bingo ordinances of seven entities and has talked to representatives of the Brevard Bingo Association. He stated that there is strong opinion about commercial Bingo Operations and members of the Brevard Bingo Association have requested to be notified when Bingo is discussed before the City Council. He suggested that Lt. Salvo attend a Bingo Seminar which is held by the City of Pompano Beach. Lt. Salvo reiterated Mr. Boucher's statements, saying that the current petitioner for a Bingo operation is not the only consideration. From recent research, it is apparent that City Council • Regular Meeting December 19, 1995 Page 5 Bingo is a very complex system and should be investigated carefully before approvals are given. • City Manager Boucher reported that he has received the Appraisal on Columbia Park, which is $40,000. The owner is asking $87,000 for the property. Council consensus was for the City Manager to negotiate with the owner for purchase of the property and not to consider condemnation. Mayor Porter stressed the importance of pursuing a lease agreement with an option to buy, if possible. He also stated that the FERDAP grant should be completed as soon as possible to facilitate applying for another grant, which is due for submittal in the summer. • City Manager Boucher commended Council and all who participated in propelling the P2000 grant through to an anticipated grant of $1.1 million. Burt Bruns No Report • Leo Nicholas • Mr. Nicholas queried about a real estate sign in the median of the Harbor Heights subdivision entrance. The matter will be referred to code enforcement. • Mr. Nicholas reported that vacant lots at the 100 block of Adams and the corner of Magnolia and Adams have an accumulation of brush from other areas. • Mr. Nicholas queried about the Commercial Development Board discussion of having movies in the park. Mayor Porter explained that the movies would be videos shown outside during Spring and Fall. • Mr. Nicholas reported that fliers were being distributed for "Aerobics with an Attitude," and queried if this business conforms to zoning requirements. Buzz Petsos Mr. Petsos queried about the problem with City Hall telephones. Mr. Boucher explained that the entity who sold the system is no longer is business and will be difficult to identify the problem. He will research with the telephone companies. • Mr. Petsos queried about Mr. Melvin's letter and if the problem he mentions about signs has been resolved. Mr. Boucher stated that Mr. Grinstead, Acting Building Official is addressing the problem. • Mr. Petsos stated that he was pleased to see Mr. Greg Mullins serving as Acting Code Enforcement Officer. City Council Regular Meeting -- ,December 19, 1995 Page 6 • Mr. Petsos commended Mayor Porter on the successful tree lighting celebration in Xeriscape. Rocky Randels • Mayor Pro Tem Randels suggested that the city's contracted Planner should have a prominent seat during Community Appearance Board meetings. • Mr. Randels reported that he will be meeting with Port Authority representatives, Cocoa Beach and the County and queried if there were specific topics he should address. Council consensus was that he should address the issue of the need for another ambulance and the library construction status. Mayor Porter • Mayor Porter suggested that Council schedule a special workshop with staff to re -visit Goals and Actions. The meeting was set for January 19, 1995 at 1:00 p.m. to review "what has been accomplished, objectives still to be done and additions or deletions to the current plan. He further suggested that each Council Member review the plan to take responsibility for monitoring various areas. • Mayor Porter suggested that Council consider taking a percentage of the overage from the 94/95 fiscal budget to pursue grants. • Mayor Porter suggested that ocean front parks be included in the city's comprehensive plan which will provide more points when seeking land acquisition grants. ADJOURNMENT: 9:30 p.m. A'1,11,ST. Sandra; &Sims; CITY CLERK •