HomeMy WebLinkAbout12-03-1996 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 3, 1996
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
MINUTES
Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter arrived at 7:05 p.m.
Mayor Pro Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attomey, Kohn Bennett
City Clerk, Sandra Sims
Recreation Director, Nancy Hanson
Fire Chief, David Sargeant
Sheriff Major, Steve Salvo
PROCLAMATION:
Mayor Pro Tem Randels read the Pearl Harbor Day proclamation which will be delivered to the VFW.
Council Member, Tony Hernandez introduced his National Government class who were attending for
extra credit.
CONSIDERATIONS:
Mayor Porter arrived at this time. 7:05 p.m.
1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve
Employee Christmas bonuses. 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
2. Discussion ensued regarding an Interlocal Agreement with the City of Cocoa Beach to partially
fund a School Resource Officer for Cocoa Beach High School. Captain Mike Muldoon and
Officer Joyce Brown (selected to serve as the School Resource Officer) of the Cocoa Beach
Police Department were present. Captain Muldoon related that Cape Canaveral's pro rata
share would be 28 percent of 50% of the cost (the county is paying a full 50 %). Council
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City Council Regular Meeting Agenda
December 3, 1996
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consensus was that the school should be the sole evaluating source (City Managers would have
no first hand knowledge to evaluate the Resource Officer). Mayor Porter queried Officer
Brown regarding her goals as the School Resource Officer. Ms. Brown stated that she expects
to create a better understanding of law enforcement, humanizing the image of officers through
empathizing with children and parents. She related that discipline is established with toughness
to a point, but each student must be treated as individuals. She illustrated that although a group
of students may disobey a rule, they are not necessarily dealt with identically due to individual
qualifying factors. Officer Brown stated that she believes in one year there will be a mutual
respect established and self discipline induced. A student crime watch program should also be
instituted.
Council concurred to place approval of the School Resource Officer contract on the next
agenda.
3. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to award Bid
No. 96 -05 to Frank Schmidt, Contractor, in the amount of $58,000 for the Police Station
Renovation Project. 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 Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the
Cooperative Purchase of Ball Park Fencing from Brevard Fence Company, Inc. in the amount
of $15,192.66. 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
PUBLIC HEARINGS
RESOLUTIONS:
5. Mayor Porter read Resolution No. 96 -58 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING THE RENEWAL OF THE LEGAL SERVICES
CONTRACT WITH THE LAW FIRM OF AMARI, THERIAC & EISENMENGER, P.A.,
BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO
PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve
Resolution No. 96 -58, renewing the legal services contract with Amari, Theriac & Eisenmenger,
P.A. 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. 96 -59 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; SUPPORTING THE DISTRIBUTION OF THE ANNUAL EMERGENCY
MEDICAL SERVICES SPECIAL ASSESSMENT TO LOCAL GOVERNMENTS TO
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MAINTAIN AND ENHANCE THEIR PRESENT EMS SYSTEM; ESTABLISHING A
COUNTY -WIDE GOAL FOR ALL FIRST RESPONDER AGENCIES TO MAINTAIN
OR TRANSITION TO ADVANCED LIFE SUPPORT; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 96-
59. 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. 96 -60 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, RELATING TO THE BREVARD COUNTY ELECTION SYSTEM;
MAKING FINDINGS; URGING THE BOARD OF COUNTY COMMISSIONERS TO
TAKE POSITIVE ACTION TO PURCHASE THE GLOBAL ELECTIONS MARK
SENSE PRECINCT COUNTERS; PROVIDING AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve
Resolution No. 96 -60.
Discussion ensued and an amending motion was made by Mr. Randels and seconded by Mr.
Bruns to omit references to specific equipment to be purchased. 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 4 -1, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr.
Petsos, Against; Mayor Porter, For; and Mayor Pro Tem Randels, For
ORDINANCE - FIRST READING:
8. Mayor Porter read Ordinance No. 24 -96 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION, B
AMENDING SECTION 38 -31, SAME- ADMINISTRATIVE AUTHORITY OR
OFFICIAL, BY AMENDING THE DEFINITION OF ADMINISTRATIVE AUTHORITY
TO MEAN THE FIRE CHIEF OF THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Fire Chief David Sargeant was present and explained that this ordinance is a house keeping
issue that was missed before. There was no public comment.
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A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve Ordinance No.
24 -96 for second reading. 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
ORDINANCE - SECOND READING:
9. Mayor Porter read Ordinance No. 23 -96 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REGARDING CHAPTER 78, UTILITIES, ARTICLE II, SANITARY
SEWER SYSTEM, DIVISION 3, IMPACT FEES; REPEALING SECTION 78 -124,
COLLECTION OVER CERTAIN TIME; PROMISSORY NOTE, AND SECTION 78-
126, ISSUANCE OF CERTIFICATE OF OCCUPANCY UPON FULL PAYMENT; AND
AMENDING SECTION 78 -122, PAYMENT, SECTION 78 -125, FULL PAYMENT
REQUIRED PRIOR TO ISSUANCE OF CERTIFICATE OR LICENSE, AND SECTION
78 -128, CHANGE OF USE; REMOVING ALL REFERENCES THEREIN TO
SECTIONS 78 -124 AND 78 -126; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF INCONSISTENT ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Ordinance No. 23 -96 on
its second reading. 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
DISCUSSION:
10. Transportation Enhancement Program
City Manager, Bennett Boucher, reported that he met with the MPO regarding federal funding
which will be received in 2002. He queried if there are other projects which should be added to
the list for funding. Mr. Petsos requested that a pedestrian crossing over A1A at Columbia
should be requested as well as bike paths on the east side of AlA. Council concurred that all
items listed for requested funding should be reflected in the city's Comprehensive Plan. Mr.
Randels will work with the City Manager to ensure that all items are included.
REPORTS:
11. City Manager - Bennett Boucher
Mr. Boucher reported that the Wastewater Treatment Plant construction is winding down
and the punch list is being reviewed.
Mr. Boucher reported that RKT will finish installing reuse lines along A1A this week, then will
begin in the residential areas.
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Mr. Boucher reported that the Department of Transportation has approved the curb cut
changes proposed on A1A at the Knot House and that the property is in agreement and pleased
that trees will be planted.
Audience
Leo Nicholas
Mr. Nicholas reported that street lights at A1A & 401 and at Church lane have been out for a
long time. Council concurred to contact FPL again.
City Attorney - Kohn Bennett
No report.
City Clerk - Sandra Sims
No report.
Mayor Pro Tem - Rocky Randels
Mr. Randels reported that it is very important that the city concentrate on finalizing a Personal
Communications Ordinance due to impending activity within the city. City Attorney, Kohn
Bennett related that pending ordinances are scheduled for Planning and Zoning review, therefore,
a moratorium ordinance will be introduced while final action is being processed.
Mr. Randels reported that Brevard County is well represented in the state legislature chairing a
number of committees. He related that it could be advantageous for the city's clout on certain
issues.
Council Member - Buzz Petsos
Mr. Petsos queried about the status of the West Central Boulevard drainage canal clean up.
Mr. Boucher related that the east side was cleaned by Public Works and they are currently
researching for an aquatic spray.
Council Member - Tony Hernandez
Mr. Hernandez reported that the city needs to educate the public and institute an ordinance if
there is no current law requiring pet owners to remove pet feces from locations other than their
own residence.
Council Member - Burt Bruns
No report.
Mayor - John Porter
Mayor Porter queried about the status of the Long Point Road property the city desires to obtain
a lease option for a neighborhood park. Council consensus was to make changes to the contract
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assuring that the property will be returned to its original state in the event that the city does not
buy the land and the lease payments will include the current year taxes.
ADJOURNMENT: The meeting adjourned at 9:00 p.m.