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Home My WebLink About01-02-1996 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING January 2, 1996 A Regular Meeting of the Cape Canaveral City Council was held on January 2, 1996, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Pro Tem Randels. ROLL CALL: Mayor John Porter Absent Mayor Pro Tem Rocky Randels Present Councilmember Burt Bruns Present Councilmember Leo Nicholas Present Councilmember Buzz Petsos Present City Manager Bennett Boucher Present City Attorney Kohn Bennett Present Deputy City Clerk Susan Stills Present PROCLAMATIONS: 1. Opticians Month Mayor Pro Tem Randels read the Proclamation in its entirety. Ms. Gloria Dodge accepted on behalf of the Professional Optician's Association and noted the importance of choosing a licensed optician. MINUTES: 2. Regular Meeting of November 21. 1995. Motion by Mr. Bruns, seconded by Mr. Petsos to approve the Regular City Council meeting minutes of November 21, 1995. Motion carried with members voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Pro Tem Randels, For. 3. Regular Meeting of December 05, 1995. Motion by Mr. Petsos, seconded by Mr. Bruns to approve the Regular City Council meeting minutes of December 5, 1995. Motion carried with members voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Pro Tem Randels, For. 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting January 2, 1996 Page 2 4. Regular Meeting of December 19, 1995. Motion by Mr. Petsos, seconded by Mr. Bruns to approve the Regular City Council meeting minutes of December 19, 1995. Motion carried with members voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Pro Tem Randels, For. RESOLUTIONS: 5. Resolution No. 96 -01. Appointing Two Members to the Code Enforcement Board. Motion by Mayor Pro Tem Randels, seconded by Mr. Petsos to insert Thomas Stanker in Section 1 as a regular member and James Roberts in Section 2 as an alternate member on the Code Enforcement Board. The majority of Council agreed that a recommendation for appointment be submitted from Boards that interview such as Planning & Zoning and Code Enforcement. Mayor Pro Tem Randels acknowledged Mr. James Roberts, candidate for the Code Enforcement Board, who was present. Motion carried with members voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Pro Tem Randels, For. 6. Resolution No. 96 -02, Extending the Expiration Date of the January 18. 1966 Gas Franchise Agreement. Motion by Mr. Petsos, seconded by Mayor Pro Tem Randels to approve the 90 -day extension of the current franchise agreement during negotiations. Discussion included gas service lines extensions and greater service coverage. Motion carried with members voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Pro Tem Randels, For. DISCUSSION: 7. Regulation of Wireless Communications and Wireless Telecommunication Systems upon the Public Right -of -Way. Mayor Pro Tem Randels distributed information on Personal Communications Systems and noted the possible need for the City to propose legislation regarding its use. Discussion included the potential revenue involved, how protocol would be established to obtain a permit, and should there be a generic franchise ordinance written for all potential applicants or should negotiations take place with each applying company. Questions arose on equipment size and what would happen to the equipment installed at the right -of -way if a business should go bankrupt. Mr. John Dillon asked if potential liabilities could be included in the agreement. Mr. Boucher said an 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting January 2, 1996 Page 3 ordinance would set parameters. The majority of Council agreed that more information was needed before establishing an ordinance. 8. Regulation of Private Telecommunication Systems upon the Public Right -of -Way. Mr. Randels noted that this item was included with Item 7 and further information was needed before establishing legislation. AUDIENCE TO BE HEARD: Mr. Larry Weber, Bingo Representative, was present. Mr. Boucher said that he needed to review information he received from the Brevard County Bingo Association. He also needed to talk with Lt. Salvo who would be attending a Bingo training session. He noted that Satellite Beach was drafting its own Bingo ordinance similar to the one used in Melbourne. REPORTS: CITY MANAGER Mr. Boucher reported that he received the conceptual design on the bicycle /pedestrian path for the west side of A1A. He suggested a workshop meeting prior to February 1st, Highway Beautification Grant Application deadline. A workshop meeting was scheduled for January 11, 1996, at 6:00 P.M. Mr. Boucher also reported that he received preliminary documents regarding the grant for the Manatee Sanctuary Park. He also noted the new Recreation Center flyers as another marketing tool. CITY CLERK Mrs. Stills announced the Space Coast League of Cities dinner hosted by Palm Bay /Malabar on Monday, January 8th. Mr. Roberts commented at this point that Mr. Stanker was not present at Code Enforcement Board meeting for his interview nor was he present at this evening's meeting. CITY ATTORNEY No report. 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting January 2, 1996 Page 4 MR. BRUNS No report. MR. NICHOLAS Mr. Nicholas stated that maps provided by Stottler, Starmer indicated lot widths in the Avon -by- the-Sea area at 75 feet by 125 feet when they are actually 50 feet by 125 feet . He also questioned the accessory building coverage percentage. Mr. Boucher said that Roy Cowell from Stottler, Starmer would be present at the workshop meeting on January 1 lth and questions could be addressed to him at that time. Mr. Nicholas noted that Western Waste was merging to become USA Waste. Mr. Nicholas asked if Cocoa Beach's city attorney would be included in staff at the upcoming interlocal agreement meeting. Mr. Boucher said that Mr. Randels would meet with Mayor Morgan for further discussion to clarify the agreement. Mr. Nicholas noted that Art Berger's name was omitted from the Local Planning Agency Board list and asked for a correction. Mr. Nicholas asked if Mr. Mullins inspected areas for unauthorized dumping. He also asked when the City Manager would hire a new Building Official. Mr. Boucher stated that the hearing officer would make a decision regarding Mr. Morgan 20 days after the transcript was released which was today and he wanted to wait until a decision was made by the hearing officer. Mr. Nicholas stated that the proposed zoning ordinance amendment regarding Adult Entertainment needed to go before the Planning & Zoning Board. Mr. Bennett said that it was an item on the Planning & Zoning Board meeting on January 10th and also an item on Council's agenda for first reading on January 16th. He also asked if other activities such as gambling needed to be addressed in the zoning ordinance. Mr. Bennett stated that the state statutes prevailed in such matters. MR. PETSOS Mr. Petsos questioned the City Manager on the status in locating the letter regarding completion on Dr. Pindziak's lots. Mr. Boucher said that he was researching for a letter which stated definitive times for building completion. City of Cape Canaveral, Florida City Council Regular Meeting January 2, 1996 Page 5 Mr. Petsos also questioned the status on phone line repair at City Hall. Mr. Boucher said that a new answering device may be needed. Mr. Petsos asked for the status on the Wastewater Treatment Plant capacity difference of 1.8 versus 1.45. Mr. Boucher said he wrote a letter and he would also follow up with a telephone call. Mr. Petsos recommended that a sign be placed in the mangrove planting area in order to preserve the PVC pipes used for planting. Mr. Petsos suggested that a meeting regarding rolling the overage percentage from the 1994/95 budget into grant funding be placed as an agenda item. Mr. Boucher said that the workshop meeting on January 19th would emphasize goals and objectives, and the grant funding idea could be discussed at that time. MR. RANDELS Mr. Randels commented that Western Waste did not adequately inform the public of their holiday service schedule. He also announced that the Streets /Maintenance Department would be collecting Christmas trees for mulching. Mr. Petsos suggested that Council invite the new Western Waste Superintendant to a meeting to answer questions on service. ADJOURNMENT: There being no further business, the meeting adjourned at 8:16 P.M. Approved this 16th day of January , 1996. �vc Q13,..sC24‘214—/ Rocky Randels, Mayor Pro Tem