HomeMy WebLinkAbout02-17-1998 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 17, 1998
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
MINUTES
Council Members Present
Burt Bruns
Tony Hernandez
Joy Salamone
Mayor Pro TemBuzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
INTERVIEWS: Ma Crowley, Community Appearance Board. Ms. Crowley did not attend the
meeting.
Andrea Shea -King, Planning and Zoning Board
City Attorney, Kohn Bennett, interviewed Ms. Shea-King, confirming that she is a
registered voter and resident of the city since 1988. She does not hold public office
nor does she serve on another city board. Mr. Bennett queried Ms. Shea-King,
"Why did you select the Planning & Zoning Board?" She responded that she
believes the Planning and Zoning Board is vital to establishing and maintaining the
city's quality of life, including controlled . development with moderation and
balance. She stated that she is aware that Financial Disclosure is required to serve
on this board.
RESOLUTION:
1. (Tape 1, 359) Mayor Randels read Resolution No. 98 -01 by title.
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A RESOLUTION OF TM CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE ALTERNATE MEMBER TO THE COMMERCIAL
DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution
No. 98 -02, appointing Cynthia Griffin as an alternate member to the Commercial
Development Board. The resolution was approved 5 -0, with voting as follows: Ms. Salamone,
For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
ORDINANCES — FIRST READING
2. (Tape 1, 440) Mayor Randels read Ordinance No. 03 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE II, BUILDING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE
1997 EDITION OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
Ordinance No. 03 -98 for second reading. Building Official, Whitey Moran, explained
that a Government Study Committee is proposing to consolidate the Standard
Building, Gas and Mechanical Codes into one code, working toward a universal
standard. There was no public comment.
The ordinance was approved 5 -0 for second reading, with voting as follows: Ms. Salamone, For,
Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
3. (Tape 1, 985) Mayor Randels read Ordinance No. 04 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE VI, PLUMBING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 82-
14S, AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Ordinance No.
04-98 for second reading. There was no comment by Council or the public. The ordinance was
approved 5-0 for second reading, with voting as follows: Ms. Salamone, For, Mr. Bruns, For,
Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
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4. (Tape 1, 1020) Mayor Randels read Ordinance No. 05 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE VII, GAS CODE, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF
THE STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Ordinance No. 05 -98 for second reading. There was no comment by Council or the
public. The ordinance was approved 5 -0 for second reading, with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
S. (Tape 1, 1060) Mayor Randels read Ordinance No. 06 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE VIII, MECHANICAL CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE
1997 EDITION OF THE STANDARD MECHANICAL CODE WITH CERTAIN
AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Ordinance No. 06 -98 for second reading. There was no comment by Council or the
public. The ordinance was approved 5 -0 for second reading, with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
6. (Tape 1, 1095) Mayor Randels read Ordinance No. 07 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE IX, SOLAR ENERGY STANDARDS, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING
SECTION 82 -223, COMPLIANCE WITH BUILDING CODE; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
Ordinance No. 07 -98 for second reading. There was no comment by Council or the
public. The ordinance was approved 5 -0 for second reading, with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
7. (Tape 1, 1133) Mayor Randels read Ordinance No. 08 -98 by title.
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE X, SWIMMING POOL CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE
1997 EDITION OF THE STANDARD SWIMMING POOL CODE; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
Ordinance No. 08 -98 for second reading. There was no comment by Council or the
public. The ordinance was approved 5 -0 for second reading, with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
8. (Tape 1, 1168) Mayor Randels read Ordinance No. 09 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE XI, HOUSING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE
1997 EDITION OF THE STANDARD HOUSING CODE; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFtCTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve
Ordinance No. 09 -98 for second reading. There was no comment by Council or the
public. The ordinance was approved 5 -0 for second reading, with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
9. (Tape 1, 1202) Mayor Randels read Ordinance No. 10 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 82, ARTICLE XIII, THRESHOLD BUILDINGS, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING
CHAPTER 553, FLORIDA STATUTES. BY REFERENCE AND DELETING SECTION 82-
322 THROUGH 83 -346; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve
Ordinance No. 10 -98 for second reading. There was no comment by Council or the
public. The ordinance was approved 5 -0 for second reading, with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
10. (Tape 1, 1285) Ordinance No. 11 -98, Amending Chapter 94, Signs
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 94, SIGNS, BY AMENDING CERTAIN DEFINITIONS, EXCEPTIONS,
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PROHIBITED SIGNS, LIGHTING, CRITERIA, STANDARDS, POLITICAL SIGNS, OFF -
PREMISES SIGNS, AWNING AND CANOPIES AND CERTAIN DISTRICT REGULATIONS
REGARDING THE NUMBER AND SIZE OF SIGNS; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Randels and seconded by Mr. Petsos to approve
Ordinance No. 11 -98 for second reading. Mr. Bruns suggested that page 3, section (g)
should be changed to limit the sign size to 150 sq. feet. He related that he object to the
current standards allowing a 30 -ft. sign height. He related that signs should be limited to
the height of the City Hall sign on A1A. Mr. Petsos stated that there are grants available
to private businesses to comply with sign requirements if the city were to institute stricter
requirements. Mr. Hernandez queried if neon signs are included in the ordinance. Mr.
Moran stated that the Planning and Zoning Board addressing the issue are drafting a
separate ordinance. There was no public comment. Council concurred that the sign
ordinance should be more stringent than proposed. A workshop will be scheduled to
discuss changes.
A motion was made by Ms. Salamone and seconded by Mr. Bruns to table Ordinance No.
11 -98. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For,
Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
11. (Tape 1, 2018) Mayor Randels read Ordinance No. 12 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34 -97, DUTIES AND
RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR
THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS
FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
Ordinance No. 12 -98 for second reading.
Mr. Hernandez queried if customer costs have been obtained to implement and
service the ordinance requiring dumpster enclosures. City Manager, Bennett
Boucher, related that costs have not yet been determined.
Ms. Salamone opined that the enclosures and service must be determined to be
affordable before an ordinance is imposed.
Mr. Petsos stated that the USA Waste contract imposes a $3 per pickup fee.
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Mr. Leo Nicholas, resident and Planning and Zoning Board Member, opined that the
ordinance is needed for the aesthetics of the community to the extent that subsidies
would be appropriate.
City Attorney, Kohn Bennett, stated that the ordinance is not drafted to be
retroactive, it would be applicable only to future construction. He further related that
if the ordinance is amended to require retroactive compliance, findings of fact will
have to be established concerning public welfare issues.
Council concurred that if the ordinance is adopted, it will be meaningful only if there
are retroactive requirements.
A motion was made by Ms. Salamone and seconded by Mr. Bruns to table Ordinance No.
12 -98. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For,
Mr. Hernandez, For; Mayor Pro Tem Petsos, For, and Mayor Randels, For.
ORDINANCE — SECOND READING
12. (Tape 1, 2905) Mayor Randels read Ordinance No. 01 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, SECTION 22 -37, BY AMENDING THE
QUALIFICATIONS OF MEMBERS APPOINTED TO THE COMMUNITY APPERANCE BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
AND PROVIDING FOR AN EE ECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No.
01 -98. There was no public comment. The ordinance was adopted 5 -0 upon second reading,
with voting as follows: Ms. Salamone, For, Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro
Tem Petsos, For, and Mayor Randels, For
DISCUSSION:
13. (Tape 1, 3019 — 2) Commerce Street - Design Engineering Services
Droor & Associates, Inc. proposed the design at $5,850. City Manager, Bennett Boucher,
stated that he re- negotiated Stottler, Stagg & Associates' proposal for the Commerce Street
Design Engineering. SSA has agreed to perform tasks 1 and 2 at a cost of $3,180.
Permitting and inspections will be billed at an hourly rate not to exceed $1,820 or a total of
$5,000.
John Pekar, SSA Engineer, explained that they have agreed to the re- negotiated price as a
special accommodation to the city. He further related that if DAI did the design, SSA would
be charging additionally to review the design and for inspections.
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Mr. Hernandez queried when construction would be able to begin and how long would it
take to completion? Mr. Pekar responded that it will take approximately 6-8 weeks for the
design and to obtain permitting and probably 30 -days for construction, without rain.
Ms. Salamone queried if Shuford Mills has been approached to contribute additional
funding, especially since a higher standard construction is being required. Mr. Boucher
responded that he is waiting until the design is finished and the hard costs have been
determined.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to award the Commerce
Street engineering design and construction proposal to Stott ler, Stagg and Associates at a
cost not to exceed $5,000. The motion passed 5 -0, with voting as follows: Ms. Salamone, For,
Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
14. (Tape 2, 245) Oak Lane
Public Works Director, Ed Gardulski, explained that the driveways at the Circle K and La
Cantina, located at Oak Lane are nonconforming. He related that 75' of the unpaved street
should be paved and each business should have a 35' driveway. He opined that no curbing
would be required due to current erosion problems. Mr. Gardulski explained that the
property owners have not been approached pending approval from city council on a concept
to present. He explained that costs for the project is estimated to be $10,000 including
sidewalks, but an additional $1,500 for landscaping.
Ms. Salamone queried where the funding will be derived. Mr. Gardulski responded that
Beautification Funds are available and possibly, funding is available from the county for
sidewalks. Ms. Salamone related that with the current drainage problems, will these
estimated costs be realistic?
Council consensus was for staff to obtain definite costs and funding sources and present
back to council for consideration.
15. (Tape 2, 1003) Code Enforcement Civil Citation Program
City Manager, Bennett Boucher, reported that the Code Enforcement Board has been very
successful. He stated that their next agenda has 15 items of which 9 could have been solved by
issuing citations.
Mr. Bruns opined that the Code Enforcement Board is too lenient and should fine violators.
Mr. Hernandez retorted that he served on the Code Enforcement Board and the approach the
board takes is to work with the public to resolve their problems, not to punish them.
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Ms. Salamone queried, "What would happen if a citation is not paid and the violation is not
corrected ?" Mr. Hernandez explained that the only action would be to take it to court, which
would require a city staff representative and city attorney.
Mr. Bruns queried, "Why does the Code Enforcement Board not fine violators currently?" Mr.
Hernandez responded that they do. However, when violations are brought to compliance, they
negotiate and generally dismiss the fine.
Council concurred that correcting violations is more important than imposing fines, and
therefore, not considering the code enforcement ordinance.
(Tape 2,1468) City Manager, Bennett Boucher, requested that an add-on item be placed on the agenda
regarding a resolution establishing possible funding for beach renourishment.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to place Resolution No. 98-
02 on the agenda. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr.
Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
Mayor Randels read Resolution No. 98 -03 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, HEREBY URGES THE 1998 FLORIDA LEGISLATURE TO
PASS BB 3427 AND SB 882 WHICH PROVIDES A DEDICATED FUNDING SOURCE FOR
STATEWIDE BEACH MANAGEMENT; AND PROVIDING FOR AN EH' ECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
Resolution No. 98 -03.
Mr. Boucher explained that the funds will come from an unallocated portion of
revenues received from document stamps. Mr. Petsos stated that although the Bills
may not be in a form the Council can entirely endorse, it is important to get the Bills
introduced and then lobby for changes most important to the city.
Ms. Salamone stated that the resolution will provide funding to areas of the state
that will likely not include the City of Cape Canaveral and she could not be
supportive.
City Attorney, Kohn Bennett, stated that the resolution needs an amendment to
insert sections defining what the resolution is to accomplish.
An amending motion was made by Mr. Hernandez and seconded by Mr. Petsos to
amend the resolution inserting the text of the title in Section 1 and the effective date
statement in Section 2.
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The amending motion was approved 3 -2, with voting as follows: Ms. Salamone, Against; Mr.
Bruns, Against; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For.
The main motion passed 3 -2 to approve Resolution No. 98 -03, with voting as follows: Ms.
Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor
Randers, For.
REPORTS:
City Manager — Bennett Boucher
• Mr. Boucher reported that Recreation Director, Nancy Hanson, has requested that a contest
to name the Longpoint Neighborhood Park be conducted. Council concurred to approve
the contest to the name the park.
• Mr. Boucher reported that the reuse bid should be ready to let by the end of the month. The
city is waiting on final plans for Hartman & Associates.
• Mr. Boucher reported that the city has received a $20,000 grant from the St. Johns River
Water Management District (SJRWMD) for stormwater drainage. Council concurred that
it should be applied to the Commerce Street catch basin.
• Mr. Boucher reminded Council of the Arbor Day celebration being held Saturday, February
20th at 2:00 p.m.
Audience
Beatrice McNeely, Planning and Zoning Chair, related that she is disappointed that the sign
ordinance was not accepted for introduction because it would have corrected the ordinance
rather than delaying them to consider larger issues.
Mr. Newman, stated that he attends all Council meetings because he is impressed with the
way Council conducts business.
City Clerk— Sandra Sims
No report.
City Attorney — Kohn Bennett
• Mr. Bennett distributed a letter from the plaintiffs in the Longpoint Park litigation
requesting a settlement agreement. He opined that it is in the best interest of the city to
settle even though there is a potential title defect. Council concurred that he should draft the
settlement agreement for adoption, providing notice.
• Mr. Bennett reported that Fairvilla has filed for a re- hearing on their sign litigation, but was
denied by the court. He stated that the order stipulates that Fairvilla would have to own or
lease the property where the sign is erected, an easement is not sufficient.
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Council Member — Joy Salamone
No report.
Council Member — Burt Bruns
• Mr. Bruns distributed the 1997 -1998 Legislative Contacts brochure published by the Space
Coast League of Women Voters and Space Coast League of Cities.
• Mr. Bruns reported that the Space Coast League of Cities adopted the Emergency Medical
Services Resolution, however, they left the clause in requiring an annual audit.
• Mr. Bruns reported that the Army Corps of Engineers will begin the beach renourishment
sand project in mid- March.
• Mr. Bruns queried about the status of the Annex and City Hall roof replacements. Mr.
Boucher stated that the contract is being finalized and should begin right away.
Council Member — Tony Hernandez
• Mr. Hernandez congratulated City Attorney, Kohn Bennett on the birth of his son.
• Mr. Hernandez expressed interest in attending the League of Cities Legislative Day in
Tallahassee.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos requested that topics be developed to propose a joint meeting with the
Canaveral Port Authority. Council concurred.
• Mr. Petsos requested that the city establish a stance regarding Library Board membership is
view of Commissioner Helen Voltz' recent position in the south county requesting an
additional county representative.
Mayor — Rocky Randels
• Mayor Randels reported that the city's bus service has increased to nine daily stops from the
previous seven stops. Mr. Petsos expressed concern that the city has still not addressed the
issue of benches and weather cover for the stop.
A motion was made by Mr. Petsos and seconded by Ms. Salamone to adjourn at 10:08 p.m.
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