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HomeMy WebLinkAboutMinutes 11-12-1992 Workshop 0 0 CITY COUNCIL WORKSHOP MEETING November 12 , 1992 1 A Workshop Meeting of the Cape Canaveral City Council was held on November 12 , 1992 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7: 32 P.M. by Mayor Salamone. 1. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present Councilmember Ann Thurm Present Acting City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present OLD BUSINESS: 1. Discussion Re: Authority to pursue purchase of two (2) lots located across from the City's Recreation Department. Mr. Boucher advised that the property owner had approached the City with a proposal to sell the two lots located across from the City's Recreation Department. Agenda this item for Tuesday. 2 . Discussion Re: Consideration of settlement offer for City of. Cape Canaveral vs. Royal Mansions (Patrick Healy) . Mr. Kancilia stated that counsel for the plaintiff, Royal Mansions Condominium Association, had made an offer of settlement to the City. The terms of the settlement were stated in the letter dated September 10, 1992 in the Council packet. Mr. Patrick Healy, who was representing the City, did not favor the settlement. Agenda this item for Tuesday. NEW BUSINESS: 1. Oath of Office for new Councilmembers (November 17 , 1992) . Agenda this item for Tuesday. 2 . Discussion Re: City Attorney to review Council procedures (November 17, 1992) . Agenda this item for Tuesday. 3 . Discussion Re: Resolution No. 92-61, approving the final plat of Sea View Townhomes. Agenda this item for Tuesday. 4. Discussion Re: Resolution No. 92-62 , electing Mayor Pro Tem. Agenda this item for Tuesday. 5. Discussion Re: Resolution No. 92-63 , designating Councilmembers' areas of interest. 6. Discussion Re: Sister City - Kloten/Zeurich, Switzerland. Mr. Hans Saurenmann distributed copies of a newspaper from Kloten/Zeurich and a town description to each member of the City Council and City staff. He briefly described events that had occurred during his recent visit to Switzerland including that on October 1, 1992 , the governing body of Kloten/Zeurich approved the Sister City program with the City of Cape Canaveral, Florida. He. ( 0 City of Cape Canaveral, Florida Workshop Meeting - November 12, 1992 Page 2 - stated that Kloten/Zeurich had a population of 16, 500, 180 City employees, and a budget of $130 million. He stated that the airport for Zurich was located in Kloten, Switzerland. 7 . Discussion Re: Request to conduct Bungee Jumping from December 1, 1992 through May, 1993 at Cape Sierra. Mr. Kancilia questioned if the insurance had been obtained. Mr. Ken Detwiler, General Manager of Cape Sierra, stated that Transamerica would be providing liability insurance with the City named as an additional insured. Mr. John DePasquale, President, Radical Sensation Bungee Jumping, explained the State rules and regulations that applied to bungee jumping. There was further discussion regarding the necessary requirements for the permit. Agenda this item for Tuesday. 8 . Discussion Re: Request to conduct Second Annual Florida State Car & Truck Championships on December 12-13 , 1992 at Cape Sierra. Mr. Detwiler explained that the Radisson Hotel at the Port would be the host facility. He stated that he had spoken to Lt. McGee regarding security officers for the show. He also stated that last year 390 vehicles were on display at the show and a 35' trophy would be awarded to the Best of Show award. Agenda this item for Tuesday. 9. Discussion Re: Ordinance No. 22-92 , amending Code of Ordinances, Chapter 727 , Public Area Construction Regulations, Section 727 . 05, Permit Fees. Agenda this item for Tuesday. 10. Discussion Re: Ordinance No. 23-92 , amending Code of Ordinances, Chapter 729, Outside Concerts, Festivals or Entertainment. Mr. Boucher explained the scope of the ordinance and Mr. Kancilia advised that changes of references to State law had been brought up to date as part of the ordinance amendment. Agenda this item for Tuesday. 11. Discussion Re: Code Enforcement Board vacancy. Mayor Salamone suggested that one of the newly appointed alternates be moved to a member position and a new individual be appointed to the alternate position. Agenda this item for Tuesday. 12 . Discussion Re: Purchasing procedures and opportunity for local businesses to provide price quotes for City purchases. Mr. Randels stated that the Cape Canaveral Business Association was concerned that they were not always given the opportunity to provide quotes on items purchased by the City. Mayor Salamone asked if the Association had spoken directly to the City's purchasing agent. Mayor Salamone stated that the Association was asked to supply a list of items available through Cape Canaveral businesses. Ms. Genie Hill, of The Color Printers of Brevard/Go-Signs! , stated that the businesses were concerned with purchases under $200. 00 that were not being requested from her firm. She distributed letters to each of the Councilmembers further explaining her concerns. There was extensive discussion regarding purchases of less than $200. 00. Mayor Salamone asked to be given time to research the amount of printing business that had been authorized during 1992 and which vendors were utilized for the purchases. City of Cape Canaveral, Florida Workshop Meeting - November 12, 1992 Page 3 Mr. Boucher stated that the City's policy was to do business with local businesses on a rotation basis and that the City always attempted to obtain the best quality at the most economical prices available. Mr. Porter stated that he had been approached by the Cape Canaveral Business Association regarding the reinstatement of the Commercial Development Board. He asked that the item be added to the next workshop meeting's agenda. 13 . Discussion Re: Nuisances caused by increasing number of peacocks with the City. Mr. Randels expressed his concerns regarding the increasing number of peacocks in the northern part of the City. He suggested that it is time to have animal control research the number of peacocks in the City to determine if they were a nuisance. Mrs. Calvert stated that the entire City was designated as a bird sanctuary. Mr. Boucher stated that a peafowl census would be taken. A ten-minute break was taken at this time, after which the meeting was reconvened. 14 . Discussion Re: Authorization to auction surplus property. Agenda this item for Tuesday. 15. Discussion Re: Threatened legal action against the City by Robert Abbott regarding satellite antenna. Mr. John Kancilia stated that the City had received a letter and draft complaint which alleged that the action of the Code Enforcement Board in enforcing City Code of Ordinances, Section 641. 61, was preempted by Federal Communications Commission regulations. He stated that the complaint had not been filed with the U. S. District Court for the Middle District of Florida in Orlando. He stated that Mr. Kimbark Lee, on behalf of Mr. Abbott, had offered a settlement prior to the filing of the complaint in the suit. Mr. Kancilia stated that the settlement offer included repeal of the ordinance which was alleged to be unconstitutional, a commitment not to enact another ordinance on the same subject matter unless the ordinance passed constitutional muster, withdrawal of the Code Enforcement Board's order of September 17, 1992 , and the payment of the attorneys' fees incurred to date by Mr. Abbott. Mr. Kancilia stated that if the City was found liable for the deprivation of Mr. Abbott's constitutional rights, the City would be liable for punitive and compensatory damages and attorneys' fees. He stated that the action for the Council meeting on November 17th would be to decide whether or not to accept the offer of Mr. Abbott prior to the initiation of a lawsuit. Agenda this item for Tuesday. Mr. R. Kimbark Lee, attorney for Mr. Abbott, stated that he was present to answer any questions from the Council regarding the lawsuit. Mr. Kancilia advised that there had not been adequate. review of the proposed lawsuit for him to advise Council on the matter and he did not feel that the present forum was appropriate to begin a discussion of the merits of the lawsuit. Mayor Salamone suggested that the discussion on the matter be continued until Tuesday based on the City Attorney's advice. 16. Monthly Activity Reports. Mayor Salamone commented on the quantity of work completed by the City Clerk's Office in October and she stated that Council City of a o Cape Canaveral, Florida Workshop Meeting - November 12, 1992 Page 4 appreciated the efforts. Mr. Randels questioned the Sheriff's report which indicated 173 traffic citations and 173 written warnings and Mr. Boucher would investigate same. DISCUSSION: 1. Mr. Boucher advised that Burton & Associates was beginning the work necessary to prepare the impact fee study which would start with gathering information from each of the City departments involved. 2 . Mr. Boucher advised that the TDC funds (approximately $8, 000) for the beach crossover repairs were approved. 3 . Mr. Hans Saurenmann, President of the Canaveral Bay Condominium Association, read a letter from former City Manager Ed Spenik regarding the City taking over maintenance of the lift station located at Canaveral Bay. He asked that the City keep its promise to take over the lift station. Mr. Boucher stated that Mr. Joseph Abbott, Public Works Director, had estimated that the costs to bring the lift station up to City standards would be approximately $6, 000 - 7, 000. The report from the Public Works Director was not in writing. Mayor Salamone asked that the Council be given a written report prior to the meeting scheduled for December 1, 1992 . 4 . Mrs. Thurm explained that she felt that the City should research the possibility of regulating taxicabs. Mayor Salamone asked that the item be researched and discussed at the next Council workshop. 5. Mr. Randels stated that he had attended a three-day Institute for Elected Municipal Officials in Deerfield Beach and he distributed information relative to same to the Councilmembers. 6. Mrs. Mary Russell questioned the status of the traffic signal at Central Boulevard and AlA. Mr. Boucher advised that Rockwell was having a slight problem with the funding and currently was going through the process necessary to obtain the funding. 7. Mr. Boucher stated that Public Works had sand bags stockpiled for use in the event of an ocean breach. There was further discussion regarding beach erosion. He stated that the Port was working with the Army Corp of Engineers to draft the legal documents/easements necessary to obtain access to oceanfront property to transport the sand to the beaches. Mr. Porter stated that the $400, 000 project to add sand to the beaches was only a band-aid approach and that the City needed to continue the fight to have the sand transfer facility built. 8 . Mayor Salamone asked that Council come early to the meeting on November 17th in order to take pictures. There being no further business, the meeting adjourned at 9: 18 P.M. • �,� c7414015f5r-'. / aith G. Miller, C City Clerk 1