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HomeMy WebLinkAbout05-21-1996 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 21, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MENUTES: MINUTES: Council Members Present Burt Bruns Leo Nicholas Buzz Petsos - arrived at 8:20 p.m. Mayor John Porter Council Member Absent Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Deborah Haggerty Barker 1. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve the Minutes of the April 16, 1996 Regular City Council Meeting as written. The motion passed 3-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mayor Porter, For. BOARD APPLICANT INTERVIEWS: 2. Community Appearance Board: Mr. Robert Grant was unable to attend. City Attorney, Kohn Bennett, queried Ms. Vickilyn Shea regarding her residency, experience and interest in the Community Appearance Board. Ms. Shea stated that she has been a resident for almost two years, having moved from Daytona Beach. She was previously involved through the Daytona Beach Business Association on revitalizing the 1 1 1 City Council Regular Meeting Minutes May 21, 1996 Page Two community. She stated that she is concerned with retaining a hometown, residential quality for Cape Canaveral. She related that her technical training and familiarity with architecture gives her an insight into the purpose of this board and recognizes the possibility of controversy. Ms. Shea also had no problem with filing a financial disclosure form. RESOLUTIONS: 3. Mayor Porter read Resolution No. 96- 23 by title. A RESOLUTION OF TIC CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A REVISED SCHEDULE OF NEW CONSTRUCTION IMPACT ASSESSMENT FEES, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, SERVICE AREA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No. 96-23, Revising the Schedule of New Construction Impact Assessment Fees by 3.0% CPI. A motion was made by Mayor Porter and seconded by Mr. Nicholas to amend the resolution to eliminate all items except Public Safety. Mayor Porter opined that there is no good reason to increase these fees considering the healthy position of the City. The amending motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. The main motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. 4. Mayor Porter read Resolution No. 96- 24 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF SEWER IMPACT ASSESSMENT FEES, UNDER APPENDIX B, CHAPTER 78, UTILITIES, ARTICLE II, SANITARY SEWER SYSTEM, SUBSECTION (e) IMPACT FEES OF THE CODE OF ORDINANCES OF 'ME CITY OF CAPE CANAVERAL, FLORIDA, SERVICE AREA; PROVIDING FOR AN EFFECTIVE DATE. City Council Regular Meeting Minutes May 21, 1996 1 1 1 Page Three A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No. 96 -24, Revising the Schedule of Sewer Impact Fees by 3.0% CPI. Mr. Nicholas expressed concern that taxes may be getting out of line. City Attorney, Kohn Bennett, explained that impact fees are not taxes, they are user fees which do not affect taxpayers. In fact, churches and non -profit organizations are subject to these fees. City Manager, Bennett Boucher, stated that the City is experiencing substantial growth and recommends maintaining the increase. The motion passed 3-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. 5. Mayor Porter read Resolution No. 96- 25 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No. 96 -25, Revising the Schedule of Rates for Garbage and Trash Collection by 3.0% CPI, The motion passed 3-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. 6. Mayor Porter read Resolution No. 96- 26 . A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF SEWER REINSTATEMENT FEES, UNDER APPENDIX B, CHAPTER 78, UTILITIES, ARTICLE III, SERVICE RATES, DEPOSITS AND BILLING PROCEDURES, SUBSECTION (c) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, SERVICE AREA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Porter to approve Resolution No. 96-26, Amending Water Reconnect Fees. It was clarified that the $60 charge is reducing the City of Cape Canaveral's portion of the re- connect fee. The motion passed 3- 0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. 1 1 1 City Council Regular Meeting Minutes May 21, 1996 Page Four ORDINANCE - Second Reading: 7. Mayor Porter read Ordinance No. 04 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE IV, TELEPHONE, OF APPENDIX A, FRANCHISES, ADOPTED IN ORDINANCE NO. 24-95, BY AMENDING SECTION 4, COMPANY LIABILITY; INDEMNIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Nicholas to adopt Ordinance No. 04 -96, Amending the Telephone Franchise Agreement with BellSouth Telecommunications, Inc., on second reading. The motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. ORDINANCE - First Reading: 8. Mayor Porter read Ordinance No. 05 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING SECTION 110 -48, EXPIRATION, PROVIDING FOR AN EXPIRATION OF SPECIAL EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Ordinance No. 05 -96, Special Exceptions, for second reading. The motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. CONSIDERATIONS: 9. A motion was made by Mayor Porter and seconded by Mr. Nicholas to approve the City Surplus Auction to be held on June 20, 1996. Items may be viewed on Saturday, June 15, 1996, between the hours of 10:00 a.m. and 2:00 p.m. at the City Hall Annex. The motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. 10. A motion was made by Mayor Porter and seconded by Mr. Nicholas to approve purchasing a new City Hall sign at a cost of $6,500. Council consensus was that the sign 1 1 1 City Council Regular Meeting Minutes May 21, 1996 Page Five should have a protective covering to prevent vandalism and wind damage, further it may be necessary to have two posts to ensure against storm damage. The motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; and Mayor Porter, For. Mr. Petsos arrived at this time (8:20 p.m.). 11. A motion was made by Mayor Porter and seconded by Mr. Bruns to approve the Sewer Rate Study in the amount of ($15,000 or $7,500) by Burton & Associates. The motion passed 3 -1, with voting as follows: Mr. Bruns, For; Mr. Nicholas, Against; Mr. Petsos, For; and Mayor Porter, For. 12. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve reimbursement of the City Manager's legal expenses for the successful defense of an ethics complaint filed by Dr. Charles Pindziak, in the amount of $4,516.95, and re- instating Mr. Boucher's one day of vacation taken during the hearing. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; and Mayor Porter, For. DISCUSSION: 14. Council consensus was to place the proposed City Gas Company Franchise Agreement on the Regular Agenda. 15. Council consensus was to place the proposed KMC Southeast Corporation, Telecommunications Franchise Agreement on the Regular Agenda. 16. Council consensus was to schedule the Library Expansion Project Groundbreaking for Saturday, June 8, at 11 :30 a.m. and host/serve a barbecue picnic at Xeriscape Park afterward for groundbreaking attendees and City Volunteers. Mr. Boucher will coordinate the event and invitations. 17. Consensus was to place consideration of setting hours of operation for City Parks on a Regular Agenda. 18. Council consensus was for staff to provide more information regarding contracting for Auditing of Franchise Agreements before pursuing further. 1 City Council Regular Meeting Minutes May 21, 1996 Page Six REPORTS: 19. City Manager - Bennett Boucher City Manager, Bennett Boucher, reported that the Recreation Department's Fishing Contest was a big success and commended Fran Norman for her coordinating efforts. Mr. Boucher reported that the Youth Center building will need funding to restore the roof and flooring. Council consensus was to also build a deck and provide landscaping, authorizing expenditures up to $4,000. Council Member - Buzz Petsos Mr. Petsos queried if the new manager for Western Waste is onboard yet. Mr. Boucher replied that he is currently working and will be invited to the next regular Council Meeting. Council Member - Leo Nicholas Mr. Nicholas expressed concern that the Library Board is seeking an abstract, artistic rendition of the City Seal and it may not be displayed in the main lobby. Council consensus was for the City Manager to send a diplomatic letter of inquiry to clarify the intent of the project. Council Member - Burt Bruns Mr. Bruns queried as to the status of the City Hall Annex renovations. Mr. Boucher stated that engineer's drawings have been forwarded to the fire chief. Ms. Sims queried if the records room was included. City Attorney - Kohn Bennett No report. C gWerk Sandra Sims No report:" ADJOURWWNT: The meeting adjourned at 9:40 p.m. Sandra @ S llTY CLERK