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HomeMy WebLinkAbout02-04-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 4, 1997 MINUTES The Regular Meeting of the Cape Canaveral City Council was called to order at 7:03 P.M. by Mayor Porter. ROLL CALL- Mayor John Porter Present Mayor Pro Tem Rocky Randels Present Councilmember Burt Bruns Present Councilmember Tony Hernandez Arrived at 8:40 - Jury Trial Councilmember Buzz Petsos Present City Manager Bennett Boucher Present City Attorney Anthony Garganese Present Deputy City Clerk Susan Stills Present PRESENTATIONS: Mayor Porter presented a plaque to Lt. Steve Salvo and commended him on accomplishing the Sheriff's Department's goals during his tenure as chief at Cape Canaveral Precinct. Council members also commended him respectively. CONSIDERATIONS: 1. Motion to Approve the City Council Regular Meeting Minutes ofJanuary 14 and City Council Regular Meeting Minutes ofJanuary 23, 1997. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes ofJanuary 14, 1997. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mayor Porter stated for the record that the previously stated motion was to approve the minutes ofJanuary 14, 1997 only. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes ofJanuary 23, 1997. Mr. Randels made a motion to amend the minutes and to strike his name on Page 3, top paragraph since he was absent from that meeting. The motion to amend the minutes of January 23, 1997 passed 4 -0, with voting as follows: Mr. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 4, 1997 Page 2 Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. Motion to Approve the Tricon Development request for a ninety (90) day extension to a temporary permit for a construction trailer. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve the Tricon Development request for a ninety (90) day extension for a temporary permit for a construction trailer. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. Motion to Approve the Quarterly Treasurer's Report and Budget Transfers. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Quarterly Treasurer's Report and Budget Transfers. Ms. Haggerty- Barker reported that the city's excess revenues over expenditures was $117,000. She explained that the previously anticipated cash forward amount would be decreased from $77,000 to $54,000, however the Sheriffs Department vehicle purchases and the Cocoa Beach school resource officer had been included in the transfers. The amended figures for the Budget transfers are Public Safety: "Police Service Contract," Budget Amendment revised to $53,987, December 31, 1996 Balance revised to $994,041 and General Fund Non - Departmental: "Contingency" Budget Amendment revised to $36,899, December 31, 1996 balance revised to $43,809. Ms. Haggerty- Barker reported that the City is in positive financial standing. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Motion to Approve the appropriation of $20,000 for an operations and maintenance manual for the Wastewater Treatment Plant by Hartman & Associates, Inc. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve the appropriation of $20,000 for an operations and maintenance manual for the Water Reclamation Facility by Hartman & Associates, Inc. Walter Bandish, Chief Operator, Water Reclamation Facility explained that the manual was necessary for the permitting with the Florida Department of Environmental Protection. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. Motion to Approve the Appropriation of Beautification Funds to Landscape the Tower Boulevard Medians, Including Annual Maintenance Fees. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the appropriation of Beautification Funds in the amount of $1,195 to landscape the Tower Blvd. medians. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 4, 1997 Page 3 6. Motion to Approve, Resolution No. 97 -04: Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, URGING THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORTING HOUSE BILL 103. A motion was made by Mr. Petsos and seconded by Mr. Porter to approve Resolution No. 97- 04, urging the 1997 Florida Legislature to create a dedicated funding source for statewide beach management and supporting House Bill 103. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCE - SECOND READING: 7. Motion to Adopt, Ordinance No. 25 -96. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, IMPOSING A 180 DAY MORATORIUM ON ISSUING NEW PERMITS FOR CELLULAR TELEPHONE OR SIMILAR TYPE COMMUNICATION ANTENNAS IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Ordinance No. 25 -96 at second reading. City Attorney, Anthony Garganese, recommended an addition to the last WHEREAS clause to read, "to protect the public health, safety and welfare of the citizens of Cape Canaveral, and to ensure competition among telecommunication providers." A motion was made by Mr. Randels and seconded by Mr. Petsos to amend Ordinance No. 25 -96 to include "to protect the public health, safety and welfare of the citizens of Cape Canaveral, and to ensure competition among telecommunication providers" in the last WHEREAS clause. The motion to amend Ordinance No. 25-96 passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 4, 1997 Page 4 ORDINANCE - FIRST READING: 8. Motion to Approve, Ordinance No. 97 -01, for second reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA RELATING TO THE PROVISION OF NATURAL GAS SERVICES BY CITY GAS COMPANY OF FLORIDA WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY; PROVIDING A SHORT TITLE; STATING A PURPOSE AND SEVERAL GOALS; PROVIDING A MARKETING STRATEGY; PROVIDING DEFINITIONS; GRANTING A FRANCHISE; PROVIDING A TERM AND EFFECTIVE DATE; SETTING FORTH TERMS FOR FRANCHISE OPERATION AND TRANSFER OF OWNERSHIP OR CONTROL; PROVIDING FOR FRANCHISE FORFEITURE OR REVOCATION; REQUIRING LIABILITY INSURANCE AND INDEMNIFICATION TO THE CITY; REQUIRING A PERFORMANCE BOND; PROVIDING FOR DESIGN AND CONSTRUCTION PROVISIONS; PERMITTING CITY REVIEW OF BOOKS AND RECORDS OF FRANCHISEE; PROHIBITING PREFERENTIAL OR DISCRIMINATORY PRACTICES; SETTING FORTH SERVICE STANDARDS FOR SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No. 97 -01 for second reading. Robin Lloyd, attorney for City Gas Co. was present for discussion. Mr. Lloyd explained that a Cape Canaveral customer could receive the utility if a marketing analysis was performed and if the installation was economically feasible for the Gas Company. Discussion developed around Sections 3.3, "Marketing Strategy" and Section 4.5, "Gross Annual Revenue" in the franchise agreement. Mr. Hernandez arrived during discussion at 8:40 P.M. A motion was made by Mayor Porter and seconded by Mr. Randels to amend Ordinance No. 97 -01 to include the effective date of February 18, 1997 and the termination date of February 18, 2027 and to change the verbiage in Paragraph 4.5 of the ordinance to read, "Gross Annual Revenue" means all receipts derived directly and-indirectly from the transport and sales the- operation of the Natural Gas Distr° in the Franchise Area. The motion to amend Ordinance No 97 -01 passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. The main motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 4, 1997 Page 5 DISCUSSION: 9. Evaluation of City Engineers, Stottler, Starmer & Associates. Mayor Pro Tem Randels stated that Council may want to consider renegotiating the City's contract with Stottler, Starmer & Associates. Discussion followed on the fee structure for site plans. Council recommended by majority that staff work with John Pekar of Stottler, Starmer & Associates to renegotiate the present contract. REPORTS: 10. City Manager's Report. Mr. Boucher commended Walter Bandish, Chief Operator, Water Reclamation Facility and Amelia Hernandez, Laboratory Technician II for their parts in the new facilities opening on Saturday, February lst. He commented that tours are available throughout the week of February 3rd. Mr. Boucher stated that Wuesthoff Hospital would like to put a mobile health unit at the ballfield. Council concurred by majority that this would be a worthwhile effort. Mr. Boucher requested that Council review the verbiage on the library plaque. Mr. Hernandez agreed that the plaque retain Mr. Nicholas' name under City Council. Mr. Boucher announced that Florida Power and Light had installed 77 street lights to date. Due to residents' refusals, 15 lights did not make their intended installation. Mr. Boucher reported on the Police Station Renovation project and reviewed blueprints with Council on construction activity. Mr. Boucher addressed the new reuse main transmission. He stated that Cape Canaveral residents would be thoroughly educated on the expectations and benefits of reuse water. Mayor Porter announced that the Volunteer Corps would be planting trees in front of First Union Bank and the old I.B.M. building. Discussion followed on using reuse water to maintain these newly planted trees. AUDIENCE TO BE HEARD: Mr. Tom Seeley, a winter resident, addressed the issue of stray animals on the beach, especially the dogs. He queried if the city could get volunteer help in this area since there was no longer a full-time animal control officer. Mr. Boucher said that perhaps the Citizens Observer Program could be utilized for this purpose, but he would need to ascertain how the C.O.P. could be authorized to issue citations. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 4, 1997 Page 6 Leo Nicholas expressed concerned that the Water Reclamation Facility laboratory was not renovated during the overall plant improvements. Amelia Hernandez, Lab Technician, stated that staff was currently rewriting the specifications for new lab cabinets to be placed in the bidding process. Mr. Nicholas commented that the laboratory appeared substandard in comparison to such an improved facility. Mayor Porter suggested that staff provide feedback on possible improvements. Mr. Nicholas was also concerned with non - working street lights. He suggested the possibility of the City performing repairs and Florida Power and Light reimbursing the City for the maintenance. DEPUTY CLERK: No report. CITY ATTORNEY: No report. ROCKY RANDELS: Mayor Pro Tem Randels announced that the V.F.W. distributed several monetary awards to children at Cape View Elementary school for the "Voice of Democracy" essay contest. Mayor Pro Tem Randels also commented on the plaque he received for being a judge. He noted the laser engraving suggesting that the City may want to do likewise on subsequent awards. Mayor Pro Tem Randels spoke with the Port and stated that in 1995 the City was awarded $11,460 for a mitigation project. He stated that there is a provision in the grant which allows the City to be reimbursed for any money spent since October, 1994 for beach dune restoration and dune crossovers. Mayor Pro Tem Randels stated that Port Canaveral would be willing to provide a cruise terminal for the Space Coast League of Cities dinner on April 10th. He said that the Port would provide the security, electricity and cleaning for the event and the city would only need to find a caterer. Mayor Porter recommended that the event be held within Cape Canaveral city limits since the City is hosting the event. Mr. Randels noted that in order to use the Radisson Resort for the event, the City would need to allow an additional $3.00 per person for the meal. Council agreed by majority to pay the additional funds and hold the dinner at the Radisson Resort. City of Cape Canaveral, Florida City Council Regular Meeting February 4, 1997 Page 7 BUZZ PETSOS: Mr. Petsos queried if Cocoa Beach had been notified by letter that the reuse water is available. Mr. Petsos also questioned the status of the School Crossing Guard. Mr. Boucher reported that the class for one prospective guard is scheduled for February 17, 1997. The Sheriff's Department is covering the crossing guard post in the interim. TONY HERNANDEZ: Mr. Hernandez questioned progress on the outfall and asked that staff research the status. Mr. Hernandez also announced that he will be working on the Little League fields on Saturday, February 8th, from 9 A.M. to 1 P.M. , with help from Streets/Maintenance employees, Donald "Stormy" Evans and Cathy Dawson. He said that volunteer help from residents is strongly encouraged. BURT BRUNS: Mr. Bruns asked Mr. Boucher if there was any feedback from residents on the sewer rate increase. Mr. Boucher noted that there was no significant response to date. Mr. Bruns also queried the status on the Applegate property. Mr. Boucher said that the City Attorney and the Building Official were working on citations. JOHN PORTER: Mayor Porter questioned the status of the "First Response in Case of Aerospace Disaster" bulletins. Council agreed by majority that staff proceed with the mail out. There being no further business, the meeting adjourned at 10:20 P.M ATTEST: ,, Susan Stills ;" DEPUTY CITY CLERK / .,-T ohn K. Porter, MAYOR