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HomeMy WebLinkAbout02-18-1997 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 18, 1997 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES: MINUTES Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Sheriff Major, George McGee 1. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the City Council Regular Meeting Minutes of February 4, 1997. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For d\ citycl- 1\ citycJk\ mimUes\regutazi1997\O2- 18- 97.doc 1 1 1 City Council Regular Meeting Minutes February 18, 1997 Page 2 CONSIDERATIONS: 2. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the agreement between the City of Cape Canaveral and Brevard County providing for qualified lifeguards for the period commencing March 29, 1997 and terminating on September 1, 1997, in the amount of $7,245. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Change Order No. 1 to Frank Schmidt Contractor, Inc. in the amount of $3,748.86 for the Police Annex Renovation Project. Mr. Randels clarified that the change order request is prompted by actual changes requested by the department, not the contractor. Mr. Bruns stated that part of the cause was due to measurement errors by SSA Mr. Petsos queried if the construction costs include ceiling insulation. Mr. Boucher stated that it does not. Council concurred for Mr. Boucher to obtain estimates for installing ceiling insulation. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the grant award agreement with the Florida Communities Trust for the Manatee Sanctuary Park. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. RESOLUTIONS: 5. Mayor Porter read Resolution No. 97 -05 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING EXTENDING THE EXISTING LOCAL OPTION GASOLINE TAX THROUGH THE YEAR 2011. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve Resolution No. 97 -05. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mayor Porter read Resolution No. 97 -06 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; NAMING AN ALLEYWAY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF d\citycl- 1 \cityclkimmutes\regular \1997102- 18- 97.doc 1 1 City Council Regular Meeting Minutes February 18, 1997 Page 3 BREVARD COUNTY, FLORIDA TO PLACE THE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 97 -06. There was no public comment. An amending motion was made by Br. Bruns and seconded by Mr. Petsos to remove the term "private" from the title of the resolution. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. Mayor Porter read Resolution No 97 -07 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; NAMING ALI FYWAYS LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No. 97 -07. Dean and Toni Sacarro appeared before Council querying if their Adams Avenue address would be changed because the house actually fronts the alleyway. They were advised that their address would not be affected. An amending motion was made by Mayor Porter and seconded by Mr. Petsos to remove the term "private" from the title of the resolution. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and 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; and Mayor Pro Tem Randels, For. 8. Mayor Porter read Resolution No. 97 -08 by title. A RESOLUTION GRANTING A WATER SERVICE EASEMENT TO THE CITY OF COCOA FOR THE CAPE CANAVERAL LIBRARY. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97- 08. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns, a \c tycl-- 1\cityclk\minutes\r 199'l\O2- 18- 97.doc 1 1 1 City Council Regular Meeting Minutes February 18, 1997 Page 4 For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCE - SECOND READING: 9. Mayor Porter read Ordinance No. 01 -97 by title. 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 '1T1'LE; 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 DISCRIMVI1NATORY 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. Randels and seconded by Mr. Petsos to adopt Ordinance No.01- 97. Mr. Robin Lloyd, attorney representing NUI Corporation, related that the proposed franchise fee for "gas transport" is of great concern, especially to their customer, Coastal Fuel. He related that they will revert back to oil versus gas if the franchise tax is imposed. Mr. Palecki, of NUI Corporation, related that page 3, paragraph 5 is detrimental to the city's economic development because industries requiring gas energy will no longer consider Cape Canaveral financially feasible. Mayor Porter stated that because the gas industry has only been recently de- regulated, the city would be remiss to discount potential revenue. Mayor Pro Tem Randels explained that the City should be more proactive concerning providing gas service with a systematic program, in the same manner as reuse water. d l citycl— llcityclk\ minuteslregular\1997\02- 18-97.doc 1 1 1 City Council Regular Meeting Minutes February 18, 1997 Page 5 Mr. Palecki stated that they cannot serve where the Public Service Commission will not allow and is expensive to deliver service to only a few, requiring others to reimburse the cost of providing the service. An amending motion was made to amend paragraph 4.5 definitions to insert "or" sale of gas. The amending motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. An amending motion was made to strike the sentence in 3.3 Marketing Strategy, "Should the City reasonably determine the Company's marketing program is inadequate, the City may require the Company to provide a market survey of the Franchise Area. ". The amending motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and 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; and Mayor Pro Tem Randels, For. REPORTS: 10. City Manager - Bennett Boucher • Mr. Boucher reported that the Library expansion construction is nearing completion with detail work being performed this week. • Mr. Boucher introduced Edward Gardulski, the newly hired Public Works Director who begins employment on March 3, 1997. City Clerk - Sandra Sims • Ms. Sims reported that seminars have been tentatively scheduled jointly for Council Members and general employees continuing the Team Building/Customer Service course provided last year. She queried if Council was interested in submitting an "Attitude Survey" before the seminar and another approximately six months later, incorporating the Council's directive for a Council performance review. Council concurred with the recommendation. City Attorney - Kohn Bennett • Mr. Bennett stated that the application for a special exception for Longpoint Park is the most complete and best application he has reviewed yet. • Mr. Bennett stated that adopting the Gas Franchise ordinance provides an offer, meeting Florida Statute requirements. d\citycl- 1\cityelkitninutea regular \1997\02- 18- 97.doc 1 1 1 City Council Regular Meeting Minutes February 18, 1997 Page 6 • Mr. Bennett queried for seminar topic suggestions, reminding Council that he provides two seminars per year. He suggested that the Employee Attitude Survey include a request for topics by city employees. Audience • No report. Mayor Pro Tem - Rocky Randels • Mr. Randels reported that the Space Coast League of Cities needs Council's 1997 Legislative Issues ranking by February 28. • Mr. Randels reported that he will be attending a Telecommunications Seminar tomorrow, February 19, 1997 at Viera. The seminar will address local government roles. • Mr. Randels reported that the City of Cocoa Beach passed a telecommunications tax in their franchise ordinance, which we did not. The City of Cocoa Beach is expected to receive $178,000 as a result of the tax. Mr. Boucher responded that if the tax is a utility tax, the City can implement the same, however, not if it is indeed a franchise fee. The City Treasurer will research the subject. • Mr. Randels distributed Florida Shores and Beach Preservation brochures advertising sand fences and sea walls. • Mr. Randels reported that Jim DeRosier, representing Avon -by- the -Sea is now joining the Cocoa Beach, Port Authority and Cape Canaveral joint meetings. • Mr. Randels Council Member - Buzz Petsos • Mr. Petsos urged everyone to attend the Space Coast League of Cities Meeting on April 14. The speaker is from Enterprise Florida. Council Member -Tony Hernandez • Mr. Hernandez reported that the Volunteer Corps accomplished a lot of work at the Canaveral City Park ballfield. He related that there will ongoing projects at the ballfield. • Mr. Hernandez reported that he received a faxed copy of a letter from the U.S. Congress to the Prime Minister of Israel which mentioned Cape Canaveral numerous times. He related that the letter is a good prop for use in the economic/commercial development advertising plan. He stated that he will distribute copies to the Commercial Development Board. dAcitycl --1 \citydk\minutes\regul ar11997\02- 18-97.doc 1 1 City Council Regular Meeting Minutes February 18, 1997 Page 7 Council Member - Burt Bruns • Mr. Bruns queried if there has been feedback from the sewer rate increase. Mr. Boucher reported that condominiums have been the primary callers. Mayor - John Porter • Mayor Porter reported that he is drafting a letter of response to the petitioners against the Ridgewood Avenue bikepath to clarify the city's intent. Draft copies will be distributed to Council Members for feedback before the letter is mailed. The meeting adjourned' ,0, 20 p.m. ATTEST: •I/ d:\ citycl— l\cityc&\minutes\regular \1997102- 18-97.doc ohn K. Porter, MAYOR