Loading...
HomeMy WebLinkAbout03-18-1997 Regular Meeting1 1 1 CALL TO ORDER: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 1997 7:00 P.M. 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 City Treasurer, Deborah Haggerty Barker Building Official, G. J. "Whitey" Moran Public Works Director, Edward Gardulski PLEDGE OF ALLEGIANCE: PRESENTATIONS: Mayor John Porter, City Manager Bennett Boucher, and City Clerk Sandra Sims commended Susan Stills, Deputy City Clerk for her outstanding performance and presented her with the "Special Employee Award." Mr. Edward Beck, Managing Partner and Ms. Wendy Knippel, Audit Manager for Bray, Beck & Koetter presented the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1996. (Tape 1, #243) d\cityct ycIk minutes\regilat1199'no318- 97.doc 1 1 1 City Council Regular Meeting Minutes March 18, 1997 Page 2 CONSIDERATIONS: 1. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Randels to approve the City Council Regular Meeting Minutes of March 4,1997. Mr. Randels stated that highlighting the subject of each agenda item and inserting the tape number and placement is a good idea for facilitating future reference. 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. (Tape 1, #964) 2. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Annual Audit Report for Fiscal Year Ending September 30,1996. 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. (Tape 1, #992) 3. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Grant Agreement with the Department of Community Affairs, in the amount of $39,163 for the purpose of installing a new 10KW generator in the City Hall Annex and storm shutters for City Hall, the Annex and Recreation buildings. City Manager Boucher explained that the city will be reimbursed once the project is complete. 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. (Tape 1, #1082) PUBLIC HEARINGS ORDINANCE - FIRST READING: 4. Mayor Porter read Ordinance No. 02 -97 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING MINIMUM REQUIREMENTS, PROCEDURES, REGULATIONS, AND APPLICATION INFORMATION FOR FRANCHISE AGREEMENTS OR RIGHT -OF -WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHT -OF -WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHTS -OF -WAY LOCATED WITHIN THE CITY WITHOUT OBTAINING AN AGREEMENT OR PERMIT FROM THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Ordinance No. 04 -97 for second reading. City Attorney, Kohn Bennett, explained that Florida Statutes allow franchise fees and permit requirements. He related that the City has always relied on State Statutes solely, with no formal procedures. This ordinance provides for an application procedure in the form of a franchise or right -of -way agreement. 1 1 1 City Council Regular Meeting Minutes March 18, 1997 Page 3 City Manager Boucher stated that the term "filing fee" on page 2 should be changed to "application fee." Mr. Petsos stated that reference should be made that all intersections shall be crossed by "jack and bore." Council also concurred that the City should follow the same rule, henceforth. Mr. Hans Saurenmann, a resident, queried if right -of -way agreements should be covered under a separate ordinance than franchises. Mr. Bennett explained that the rationale for having both covered under one ordinance is because they are regulated by the same State Statute. Further, the additional advertising and codification costs are eliminated. Mr. Leo Nicholas, resident, queried if easements are included in this ordinance as well. Mr. Bennett responded that the city does not own easements, therefore, they are not covered by law in this case. Mayor Pro Tem Randels queried if the $2,000 fee, plus additional costs is reasonable? Mr. Bennett responded that most of the cost is for attorney costs. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mr. Randels, For. (Tape 1, #1233) DISCUSSION: 5. Mayor Porter related his discussions with the Sheriff's Department, Code Enforcement and the Building Official regarding a proposed Code Enforcement Citation Program. He stated that the program is intended to save time and money. Mr. Hernandez explained that if this plan is instituted, challengess would be made directly to the county court and will require a lot of staff (code enforcement) time testifying over mostly abandoned vehicles. Further, the charges imposed will have to be sought by staff for non- payments. Council concurred that the citation program is likely not the most effective measure at this time. However, an ordinance could be drafted to allow towing services to obtain ownership within a specified time, such as 30 days. (Tape 1, 2220) 6. Mayor Porter related that the City Manager had presented examples of an Audience Participation Portion of the Agenda Policy. Mr. Hans Saurenmann, resident and originator of the policy issue, stated that he believes the Audience to be Heard portion should be conducted during the first one -third or one - fourth of the meeting, and limiting the allocated time to five minutes. Mayor Porter reiterated that the current policy allows the public to speak on any topic at the end of the meeting after the City Manager's Report. Our current ordinance does not provide 1 1 City Council Regular Meeting Minutes March 18, 1997 Page 4 for the public being able to place an item on the agenda, however, they may speak on any topic and request that an item be considered. (Tape 1, #2844) 7. Mr. Jovan Barzellatto, Community Appearance Board Member and originator of the proposed Nonconforming Structures Ordinance appeared before Council requesting reconsideration of the ordinance because he was not informed of the first reading of the ordinance on March 4 when it was denied. He explained that the intent of the ordinance is not to increase the existing nonconformity. Council concurred to hear Mr. Barzelatto's presentation at the next regular meeting, though not as a first reading of the ordinance. (Tape 1, 2844) REPORTS: City Manager - Bennett Boucher (Tape 1, 3623 and Tape 2, #1) • Mr. Boucher reported that the St. Johns River Water Management District will be awarding a $75,000 reuse connection grant on April 8, 1997 and it appears that the City will be the recipient. Mr. Boucher stated that an ordinance should be drafted outlining how the grant will be used. Mr. Petsos stated that the plan must ensure that all phases have consistent distribution to ensure that everyone has an equal opportunity to connect and at concordant rates. Mr. Boucher stated that all phases will be planned and budgeted to completion, however, grants will be pursued to enhance the program. • Mr. Boucher reported that the Canaveral Port Authority has requested to negotiate for reuse water. He stated that he has informed the Port representatives that the request must be made in writing. Mayor Porter stated that in the event negotiations are initiated, the City should charge the same rate that the City of Cocoa Beach has proposed. • Mr. Boucher reported that the County has allocated $15,000 in impact fee funds to design a pedway on East A1A. • Mr. Boucher reported that the Manatee Sanctuary Park property is expected to close within two weeks. • Mr. Boucher reported that the April 5 volunteer project is scheduled to be held in front of Ocean Carpets and the Citgo station on A1A. • Mr. Boucher reported that push -button crosswalks are scheduled to be installed on A1A at Central Boulevard within 30 -90 days. • Mr. Boucher commended Nancy Hanson, Recreation Director and the recreation staff for the outstanding Patriots Day Parade and activities. (Tape 2, 358) 1 1 1 City Council Regular Meeting Minutes March 18, 1997 Page 5 Audience to be Heard: There was no public report or query. City Clerk - Sandra Sims • No report. City Attorney - Kohn Bennett • No report. Mayor Pro Tem - Rocky Randels (Tape 2, 892) • Mr. Randels reported that the property owner of Commerce Street will be present for the Manatee Sanctuary Park closing and he will speak with him regarding the Commerce Street disrepair. • Mr. Randels reported that May 9, 1997 is the deadline for the "Keep Brevard Beautiful" Xeriscape Grant offered to non-profit organizations (not available to government). He also stated that a workshop is being held on March 26 regarding the grant. Council concurred to notify Mr. Leo Nicholas on behalf of the VFW to encourage their participation and interest. • Mr. Randels reported that Mayor Joe Morgan of Cocoa Beach has forwarded a letter requesting support for establishing restricted areas for clamming. Council concurred to support the issue. • Mr. Randels distributed a brochure for Pet Pollution Disposable Scoops for placement in boxes in selected areas. Mr. Hernandez related that it would be a good project synchronized with public education. Council Member - Buzz Petsos (Tape 2,1520) • Mr. Petsos requested that the letter responding to the letter received from the Canaveral Port Authority regarding sewer impact fee refunds be distributed to Council before being sent. • Mr. Petsos queried if a grant has been located to help fund sand fencing. Mayor Pro Tem Randels responded that the Canaveral Port Authority has $11,000 which has been allocated to the City of Cape Canaveral from their federal grant for beach renourishment. Council concurred that this would be an appropriate expenditure of the funds and would be an excellent volunteer project for late April before turtle nesting season. • Mr. Petsos queried if it would be possible to advertise the Youth Center function, "Fun Day in the Park," which will be held on Saturday, March 21, 1997 on the City Hall marquis. Council concurred. 1 1 1 City Council Regular Meeting Minutes March 18, 1997 Page 6 Council Member - Tony Hernandez (Tape 2,1699) • Mr. Hernandez stated that the fees collected by the Sheriff's Department for Cape Canaveral "cost of investigations" for violations such as DUI, should be returned to the city. He stated that the city needs to request these funds in writing and possible prepare an addendum to the Sheriff s contract. Council concurred. • Mr. Hernandez queried, since the baffle box (stormwater outfall) grant was denied, is it possible to fund this project with estuary funds? Mr. Ed Gardulski, Public Works Director, will research with contractors for Central Boulevard. • Mr. Hernandez reported that H.B. 103 proposing cruise line user fees is not doing well. He stated that it might be necessary to form a grassroots organization to petition for a referendum to generate funding for beach renourishment. • Mr. Hernandez commended Nancy Hanson, Recreation Director and staff for the excellent Patriots Day Parade and activities. • Mr. Hernandez reported that the Senior Boys Little League is doing well. He also commended "Stormy" Donald Evans for the fields' condition. Council Member - Burt Bruns (Tape 2,1963) • Mr. Bruns queried how the remodeling is progressing at the Annex. City Manager Boucher responded that renovations will be finished soon and that people have moved into their offices already. • Mr. Bruns queried when the library opening will occur. City Manager Boucher responded that it will likely be mid- April. • Mr. Bruns reported that the Medical Van will be at the Canaveral City Park this weekend and that we should try to notify as many people as possible. Mayor - John Porter (Tape 2, 2098) • Mayor Porter reported that he has received a memorandum from NASA regarding the Cassini launch. He stated that the City Council should make residents aware that it will be carrying plutonium on board. Mr. Petsos responded that he can arrange for a presentation at a public forum explaining all aspects of the launch to inform and calm Cape Canaveral residents. • Mayor Porter reported that he is the Chamber of Commerce Membership Committee Chairperson and will be soliciting assistance from Council. 1 1 1 City Council Regular Meeting Minutes March 18, 1997 Page 7 The meeting adjourned 9:35 p.m. Al *IEST: