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HomeMy WebLinkAboutMinutes 05-07-1991 CITY COUNCIL REGULAR MEETING MAY 7, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on May 7, 1991 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7: 30 P.M. by Mayor Joy Salamone . Pledge of Allegiance was led by Mayor Salamone . The roll was called by the City Clerk . Officials present were Mayor Joy Salamone; Council Members Andy Kedzierski , Ann Thurm, iir and Rocky Randels. Also present were City Manager, Edward Spenik; Deputy City Attorney, Jim Woodman; and City Clerk, Janet Leeser. Mayor Pro Tem, John Porter, arrived later in the meeting. Mr. Kedzierski moved to approve the minutes of the Regular Meeting of April 16, 1991 . Mrs. Thurm seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1 . Ordinance No. 5-91 Establishing Chapter 670, Discharge of Waters and Wastes into City Sewer System (Second Reading and Public Hearing) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING CHAPTER 670, DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING PROCEDURES , DEFINING RESPONSIBILITIES, SETTING STANDARDS AND LIMITATIONS ON THE DISCHARGE OF WASTE INTO THE CITY'S SEWER SYSTEM; TO INCREASE PROTECTION TO THE SANITARY SEWER SYSTEM, TREATMENT WORKS AND THE ENVIRONMENT IN ACCORDANCE WITH STATE AND FEDERAL REQUIREMENTS ; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Randels seconded the motion. Mr. Scott Spooner stated that PPO had reviewed the Ordinance and found it to be quite comprehensive and sufficient. Discussion followed . Mrs. Thurm moved to amend Section 670. 37 of the proposed regulations to read : "The City shall annually publish, in a news- paper of general circulation in the City, . . . " Mr. Kedzierski seconded motion. Discussion followed . Vote on the motion to amend was unanimous . Mr. Porter arrived at the meeting at this time. frw Mr. Randels spoke in favor of the proposed ordinance. Discussion continued . Vote on the main motion on the floor was unanimous. Ordinance No. 5-91 , as amended, was adopted on Second Reading. 2. Ordinance No. 6-91 Revising LDR Chapter 535, Sewer Impact Fees (Second Reading and Public Hearing ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING CHAPTER 535, SEWER IMPACT ASSESSMENT; INCREASING SEWER IMPACT FEES TO BE PAID BY CUSTOMERS OF THE CAPE CANAVERAL WASTE WATER TREATMENT SYSTEM UPON CONNECTION TO SAID SYSTEM; REVISING THE BASIS FOR DETERMINATION OF IMPACT FEES FOR COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting May 7, 1991 Page 1 of 5 Mayor Salamone read the title of the Ordinance. Mrs . Thurm moved for adoption. Mr. Kedzierski seconded motion. Mr. Randels spoke in favor of the motion but explained he was opposed to the section allowing the City to finance impact fees. Discussion followed . Mrs . Thurm moved to amend Section 535. 02(B) of the proposed regulations, per the City Engineer ' s recommendation, by changing the word "modification" to "construction" in the last sentence; and by adding the following sentence: "At the end of one (1 ) year, or at the time the impact fee is paid in full, whichever occurs first, the owner will be issued the permanent certificate of occupancy for the structure. " Mr. Kedzierski seconded motion. Vote on the motion to amend was unanimous. Vote on the main motion on the floor was unanimous. Ordinance No. 6-91, as amended, was adopted on Second Reading. 3. Ordinance No. 7-91 Amending Code Chapter 617, Electrical Code, by Adopting 1990 Edition of National Electrical Code (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 617, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE NATIONAL CODE; REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved for adoption. Mrs . Thurm seconded motion. Mr. Randels spoke in favor of the motion. Vote on the motion was unanimous . Ordinance No. 7-91 was adopted on Second Reading. NEW BUSINESS 1 . Ordinance No. 8-91 Amending Code Chapter 660, Land Development Code, to Include Chapter 670, Discharge of Waters and Wastes into City Sewer System (First Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 660, LAND DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TO INCLUDE CHAPTER 670, DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved to approve First Reading. Mr. Porter seconded motion . i'w Motion carried unanimously. 2. Resolution No. 91-19 Amending Garbage Collection Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Randels seconded motion. Mr. Porter explained that the amount of increase was four percent, which is the cost of living increase specified in the contract . He further noted that there were some problems with the contractor that he felt should be addressed at another time . Discussion followed. City Council Regular Meeting May 7, 1991 Page 2 of 5 It was pointed out that the increase amounted to 24¢ a month for a single family resident, and 15¢ for recycling. It was also noted that the contract called for the recycling fee to be adjusted every year. Discussion continued . Vote on the motion was unanimous . Resolution No. 91-19 was adopted. 3. Resolution No. 91-20 Amending Sewer Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution . Mrs . Thurm moved for adoption. Mr. Porter seconded motion. It was pointed out that the cost-of-living increase for the sewer rates was 5. 3%, which was figured on a March to March basis . Discussion followed . Vote on the motion was unanimous . Resolution No. 91-20 was adopted. 4. Resolution No. 91-21 Agreement with City Attorney A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH AMARI , THERIAC, ROBERTS, EISENMENGER & WOODMAN, P.A. , BY AND THROUGH JAMES L. WOODMAN AS PARTNER, TO PROVIDE LEGAL SERVICE TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kedzierski seconded motion. Mayor Salamone explained that the proposed contract called for Mr. Woodman to attend all Regular and Special Meetings of the City Council; twelve Planning and Zoning Board Meetings; all Code Enforcement Board Meetings; all Zoning Board of Adjustment meetings; and, all Construction Board of Adjustments and Appeals meetings. She noted the annual contract price was $26, 400. 00. Mrs. Thurm and Mr. Randels spoke in favor of having Attorney Kohn Bennett continue to attend the Planning and Zoning Board meetings . Mayor Salamone and Mr. Kedzierski voiced the opinion that the same attorney should attend all City meetings for continuity sake . Mr. Porter suggested trying the proposed contract, since it was only for four months . Discussion followed . Mr. Randels advocated having the attorney present at all Planning and Zoning Board Meetings. Mayor Salamone pointed out that the attorney would be available to attend other meetings of the Planning and Zoning Board, at the request of the City Manager. It was noted that the attorney' s compensation for attendance at meetings not specified in the contract would be $75. 00 per hour, which would be portal-to-portal, and include research time . Discussion continued . Vote on the motion on the floor was as follows: In favor, Mr. Kedzierski, Mr. Porter and Mayor Salamone; Opposed, Mr. Randels and Mrs . Thurm. Motion carried . Resolution No. 91-21 was adopted. 5. Motion Re : Ridgewood Avenue Sidewalk Project Mr. Porter moved to approve the Ridgewood Avenue Sidewalk Project. Mr. Kedzierski seconded motion. It was noted the cost to the City would be $12, 682. 50, which would be funded by local City Council Regular Meeting May 7, 1991 Page 3 of 5 option gas tax revenue . Discussion followed . Vote on the motion was unanimous. 6. Motion Re: Nomination for E. Harris Drew Award Mr. Porter moved to nominate Mayor Joy Salamone and Council Member Rocky Randels for the E. Harris Drew Award . Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Porter will work with the City Manager on preparing the applications. 7. Motion Re : Appointment of Representatives to Brevard County Beach Erosion Committee Mayor Salamone moved to nominate City Manager, Edward Spenik, and Council Member, Ann Thurm to the Committee. Mr. Porter seconded motion. Discussion followed . Motion carried unanimously. DISCUSSION Mr. Scott Spooner, Consulting Engineer with Briley, Wild , and Associates, addressed Council on the deterioration of sewer gravity main #3A, from the Port. He advised that the Canaveral Port Authority had authorized $40, 000 for the repair of the line at their meeting on September 19, 1990. Mr. Spooner further noted that the City would be going out for bid shortly on Phase IV of the sewerage system improvements , which would include the rehabilitation of the gravity main, and rehabilitation of four lift stations. In response from a question by Mrs . Thurm, Mr . Spooner also noted that the City would soon be advertising for bids for the construction of Tower Boulevard . He explained they were also preparing the Reuse Study/Treatment Plant Expansion Report and on a proposed interceptor ordinance. Mr. Randels presented the classroom book on Local Government, prepared by the Florida League of Cities, to Mayor Salamone . He also reported on the recent Brevard County Commission Meeting. Mr. Porter inquired as to the status of the mitigation with Randy Mays on the improper land clearing and requested that this item be placed on the next workshop agenda. Mr. Porter suggested that the City consider amending the Comprehensive Plan to address high speed rails and requested this item be discussed at a future workshop meeting. Mayor Salamone advised that a person was ticketed for parking on a concrete slab at the end of Washington Avenue . She requested that a clarification on the no parking area be discussed at the next workshop meeting, along with parking problems at beach end streets in general . Mayor Salamone reported that she and City Manager Spenik had traveled to Miami to meet with representatives of Coastal Fuels who had a petition before the Planning and Zoning Board to install a five-million gallon diesel fuel storage tank on their property at the north end of the City. She advised that the Coastal Fuel representatives stated this was their only planned replacement in the City at this time . Mayor Salamone suggested the City Council review the zoning regulations and Comprehensive Plan regarding what type, and capacity, of fuel storage tanks should be allowed . City Council Regular Meeting May 7, 1991 Page 4 of 5 Mr. Spenik reminded Council Members of the Space Coast League of Cities meeting. Mrs . Leeser inquired if the interviews of prospective Board Members should be scheduled for Regular Council Meetings, since the City Attorney would no longer be attending Workshop Meetings . She was told that this would be the correct procedure. There being no further business, the meeting was adjourned at 9 : 23 P.M. Approved this ,24t day of May , 1991 . .. /0/0"' � ��� -yor Pro Tem lit - . _.x..,tAv..t___. Cfty Clerk City Council Regular Meeting May 7, 1991 Page 5 of 5