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HomeMy WebLinkAboutMinutes 05-19-1992 Workshop and Regular CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING May 19, 1992 A Regular Meeting of the Cape Canaveral City Council was held on May 19, 1992, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 30 P.M. by Mayor Pro Tem Porter. Pledge of Allegiance was led by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Present (Late) Mayor Pro Tem John Porter Present Councilmember Andy Kedzierski Present Councilmember Rocky Randals Present Councilmember Ann Thurm Present City Manager Edward Spenik Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: Motion by Mr. Kedzierski, seconded by Mr. Randals to approve the minutes of the Special Meeting of April 28, 1992 as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randals, For; Councilwoman Thurm, For. Motion by Mr. Randals, seconded by Mr. Kedzierski to approve the minutes of the Regular Meeting of May 5, 1992 as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randals, For; Councilwoman Thurm, For. Mayor Salamone arrived at the meeting at this time. PRESENTATIONS : 1 . Personal Appearance by Mary Russell, Chairman of the Code Enforcement Board, Re : Boat Parking and Storage Ordinance. Mrs. Russell was not present at the meeting. 2. Mr. Hans K. Saurenmann, President - Canaveral Bay Condominium Association, Inc. - Letter dated 5/10/92 re: Code Enforcement Board fines. Mr. Saurenmann spoke in reference to fines imposed on the Canaveral Bay Condominium Association by the Code Enforcement Board for illegal removal of trees and vegetation. He presented a detailed analysis of the reasons why he felt that the Association was treated unfairly and justification for his request that the fines be eliminated or reduced. He cited various sections of the City's Code of Ordinances and Land Development Regulations in his presentation. He stated that if the Association and the Council could not reach an agreement, that an extension be granted to allow the Association to seek legal advice. Mr. John Kancilia, City Attorney, stated that he would take the matter in question under advisement; but initial review indicated that the City Council was without jurisdiction on the matter. He stated that an individual or group who disagreed with the Board 's decision could appeal to the Circuit Court. Mr. Kedzierski felt that the tree ordinances may need to be reviewed if it indeed applied mainly to developers. Mayor Salamone stated that Council may want to workshop the issue while Mr. Kancilia provided additional information. She stated that it was never Council 's intent to fine a non-profit organization for trying to improve or City of Cape Canaveral, Florida Combined Workshop and Regular Meeting May 19, 1992 Page 2 prune an area of land. She stated that legally Council could not do anything because Code Enforcement did have its own rules and regulations in accordance with Florida State Statutes. She stated that Mr. Kancilia would take the matter under advisement and ask Council to look at the issue at another workshop if it was feasible. Mr. Saurenmann would be advised if Council had the legal right to review the issue again. (ir Mr. Kedzierski asked if Council could prevent the imposition of the fine until a determination was made. Mr. Kancilia stated that the City would have to take affirmative action to collect the fine and the City could choose, through Council action, to forego collection efforts until a solution was reached. Mr. Porter stated that the ordinances were in place to try and prevent destruction of natural vegetation and trees. He stated that the City needed to educate the public better as to the need to protect our natural vegetation. Mr. Randals stated that a large quantity of vegetation was destroyed by a development in the past and the land clearing ordinance in effect at the time only allowed a fine of $500 .00 per incident. Therefore, the ordinances were strengthened to provide better protection for the natural vegetation. He stated that the ordinance was not geared only to developers. Mr. Jim O'Toole, Vice President of Canaveral Bay Condominium Association, spoke in reference to a parcel of land located south of the public library, owned by R. L. May, which had been cleared. Mayor Salamone stated that Mr. O'Toole 's information on the May case was incorrect. She stated that the Canaveral Bay issue had been turned over to the City Attorney and that the Council could make no decision on the matter. UNFINISHED BUSINESS : 1 . Discussion Re : Green Waste - Western Waste Industries. Ms. Kim Westcott, Contract Service Coordinator for Western Waste, briefed Council on the key problem areas in the City. Mr. Robert J. Hyres, Division Manager, reviewed the proposal for the collection of green waste within the City. Mr. Spenik recommended negotiating with Western Waste for the contract extension they were requesting and the options and charges involved in the collection of green waste. He suggested placing a referendum on the ballot questioning whether the residents wanted to have rear door or curbside pickup for garbage collection. There was further discussion regarding the green waste program and the contract extension. Mayor Salamone asked Western Waste to meet with the City Manager to work out the different service areas, enclosure problems, and the particulars of the backyard versus curbside service. NEW BUSINESS : 1 . Proclamations: Recognition of Deputy Scott G. Asbury National Safe Boating Week June 7 - 13, 1992 Quincentennial of the Discovery of America By Christopher Columbus October 11 - 17, 1992 Recognition of Deputy Scott G. Asbury. Mayor Salamone read the proclamation and presented it to Deputy Asbury. City of Cape Canaveral, Florida Combined Workshop and Regular Meeting May 19, 1992 Page 3 UNFINISHED BUSINESS (Continued) : 2. Discussion Re : Brevard Metropolitan Planning Organization (MPO) . Mr. Spenik advised that the MPO had scheduled a public hearing on June 10th regarding the two ( 2) additional seats available. He (W stated that the two ( 2) seats were sought after by the south beach communities, West Melbourne, Cape Canaveral and Port Canaveral . The Aviation Authority from the City of Melbourne had also requested a seat. There was further discussion regarding strategies necessary for preparing for the hearing. Mr. Spenik stated that possibly a different philosophy may be used to look at attaining the seat as a regional issue with the Port and the City working collectively. Mayor Salamone asked Mr. Spenik to advise Susan Provost that the Council wished to address the MPO at the June 10th meeting. She also asked that the item be on the next workshop agenda for further discussion. NEW BUSINESS (Continued) : 2. Discussion Re: Training sessions on new legislation regarding convenience store security. Mr. Spenik advised that the funding necessary for attendance at the training sessions would be taken from the Police Education Fund with Council 's approval. Motion by Mr. Randals, seconded by Mr. Kedzierski to honor the request to send two ( 2) City employees, one from the Police and one from the Building Department, to learn the new laws pertaining to convenience store security. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Kedzierski , For; Mayor Pro Tem Porter, For; Councilman Randals, For; Councilwoman Thurm, For. 3. Discussion Re : Supporting Amtrak Passenger Service in Cocoa. Mr. Spenik stated that Amtrak wanted service from California to Miami. Amtrak service in the Florida Panhandle was expected to be finished in the near future. Mayor Salamone read the title of the resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING THE AMTRAK PASSENGER SERVICE, AN AMTRAK STATION AT COCOA WITH THE USE OF FLORIDA'S EAST COAST RAILROAD'S EXISTING TRACKS AND ITS PASSENGER STATION IN COCOA; PROVIDING FOR AN EFFECTIVE DATE. (1, Motion by Mr. Kedzierski , seconded by Mrs. Thurm to amend the agenda for Item No. 3 to read "Resolution regarding supporting Amtrak passenger service in Cocoa" . Motion carried with members voting as follows: Mayor Salamone, For; Councilman Kedzierski , For; Mayor Pro Tem Porter, For; Councilman Randals, For; Councilwoman Thurm, For. Motion by Mr. Randals, seconded by Mr. Kedzierski to adopt Resolution No. 92-23. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Kedzierski , For; Mayor Pro Tem Porter, For; Councilman Randals, For; Councilwoman Thurm, For. 4. Discussion Re : Congressional Flood Insurance Legislation. Mr. Spenik advised that Council had received information from the Florida Shore & Beach Preservation Association regarding the congressional flood insurance legislation that was currently under consideration. It was recommended that beach cities and counties City of Cape Canaveral, Florida Combined Workshop and Regular Meeting May 19, 1992 Page 4 be opposed to this legislation. He advised that the City's ordinance regarding flood insurance was not passed as presented to the City by the Federal Emergency Management Association (FEMA) and the City Attorney 's office was currently working on revisions to same. Discussion followed. Mayor Salamone asked Mr. Kancilia to prepare a resolution similar to the sample resolution included in the packet of information for presentation at the next workshop [0 meeting. 5. Discussion Re : Changes to the Zoning Ordinances. Mr. Spenik addressed the problems encountered with trying to enforce the ordinances regulating the parking of boats and recreational vehicles, placing and removal of garage sale signs, and confusion regarding heights of accessory structures. Mayor Salamone spoke regarding the boat parking and garage sale regulations. She felt that Code Enforcement should treat everyone equally and either ticket everyone in violation or no one at all. Selective enforcement was not working and she suggested rewriting the ordinance. Mr. Randals and Mr. Porter spoke in favor of the ordinances and explained their reasons for same. Discussion followed. Mr. Spenik spoke in reference to changes to the Land Development Regulations recommended by the Building Official and Linda Lester. Mayor Salamone suggested placing each of the recommended changes as a separate item on the next workshop agenda. 6. DER Meeting Report - May 12, 1992. Mr. Kedzierski briefed Council on the meeting held on May 12, 1992, with Post, Buckley, Schuh & Jernigan, Inc. , DER representatives, and Mr. Spenik to discuss the Arabian Plan. He stated that DER was receptive to the wetlands concept and strongly suggested working in conjunction with the Air Force and the Port Authority. DER saw the concept as a mechanism of reuse and stated that it had to be done as part of a comprehensive reuse plan. Discussion followed. 7. Discussion Re : Current Board Vacancies. Mayor Salamone asked that the Board applicants be invited to attend the next workshop to be interviewed for current Board vacancies. 8. Suggested Negotiation Team for Sewer Plant Properties. Mayor Salamone stated that she wanted to add Don Arabian to the (W negotiation team. Motion by Mayor Salamone, seconded by Mr. Porter to ask Mr. Kancilia, Mr. Click, Mr. Abbott and Mr. Arabian to be the negotiation team for the sewer plant expansion and reuse of effluent and stormwater management. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Kedzierski , For; Mayor Pro Tem Porter, For; Councilman Randals, For; Councilwoman Thurm, Against. 9. City Hall annex building damage report. Mr. Spenik advised Council of the damage that had occurred to the stucco on the western wall of the City Hall Annex whereby the stucco had separated from the wall in a large section. He stated that estimates would be obtained and the expense would be included in the budget cycle. Mr. Porter asked that the cost estimate for the repair be presented at the next workshop meeting if possillle. City of Cape Canaveral, Florida Combined Workshop and Regular Meeting May 19, 1992 Page 5 10. Monthly Activity Reports. Mayor Salamone stated that she wished to thank the Port Canaveral Engineering office and Mr. George Firkins for the elevation and survey map of the wetland and stormwater site. Mr. Spenik advised that the public works department had found a significant source of infiltration into the sewer plant that showed up on a graph and was subsequently repaired. 11. City Manager's Report. Mr. Spenik suggested several referendum issues which the Council may want to consider for the November election. Mayor Salamone asked Mr. Kancilia to word potential referendum questions for Council 's consideration at the next workshop. Mr. Spenik mentioned that there were not enough mangroves to be distributed for this area 's planting project. He stated that volunteers planted seventy ( 70) mangroves on Halls Island in the Banana River. Mr. Spenik stated that there had been a request to map the wetlands. Mrs. Thurm stated that she had asked that a map of the wetlands be drawn up by a professional . Mr. Don Arabian stated he hoped to have a wetlands map completed by a professional within a few days. He also advised that the mangroves were grown in Sebastian Inlet and he had learned how to grow mangroves and that it would be a great project for children possibly later this year. He stated that all the pepper trees near the sewer plant needed to be removed and he would work with Mr. Spenik and Mr. Abbott to set up a mangrove planting project for the fall. Mr. Spenik stated that the citizens needed to be notified about the green waste program. He stated that he had funds remaining from a grant which could be utilized to print flyers and notices. He would ask Keep Brevard Beautiful to visit all the condominium associations to advise them of the recycling requirements and the green waste program. Mr. Spenik stated that he had submitted a letter to the Council regarding an answer to Councilwoman Thurm's letter of May 5, 1992, which he asked to be included as part of the record. Mr. Kancilia advised that the Milliken vs. the City (appeal of the Code Enforcement Board administrative hearing) was decided favorably for the City. He stated that Mr. Milliken was proceeding with the civil damage suit and the judge had ordered that the case be sent down for trial in November. Mr. Kancilia advised that in the Nationwide Mutual Fire Insurance Company vs. the City a three ( 3) judge panel had found in favor of Nationwide. He outlined the City' s choices in the matter. Mr. Spenik recommend not pursuing the action nor expending any more money on the appeal. Mr. Kancilia spoke in reference to the Independent Special District for purposes of administering a sewer utility. He explained his reasons for recommending that the City amend the present franchise agreement with the Port Authority for sewer services . Mr. Kancilia stated that the property owner at the intersection of AlA and Jackson Avenue (Moon Hut) was objecting to the granting of the easement because he was concerned about liability by retaining ownership. He recommended entering negotiations whereby the City would take ownership of the property perhaps with a repurchase City of Cape Canaveral, Florida Combined Workshop and Regular Meeting May 19, 1992 Page 6 right on the part of the landowner in the event that the City vacated the property for use as a utility pole. Council concurred to negotiate ownership of the property. . Mrs. Helen Filkins spoke in reference to the damage caused by Hurricane Hugo and flood insurance. ' Mr. Leo Nicholas stated that there appeared to be a need for Illw significant changes to the garbage/recycling contract and he suggested advertising for bids . He thanked the City for replacing the flags at Veterans Memorial Park and he stated that a Memorial Day service was scheduled for 11 :00 A.M. on May 30th. Mr. Randals stated that he had received calls regarding groups gathering and drinking on the dune crossover at Adams Avenue and . the Sheriff ' s Department claimed that it had no authority to stop the actions. Mr. Kedzierski stated that Cocoa Beach had an ordinance which prohibited drinking on the crossovers. Mayor Salamone stated that the area should be treated as an access road and the individuals should be arrested for violations of the open container law. Mr. Randals advised that Western Waste had been granted the garbage/recycling contract for Brevard County. Mr. Kedzierski stated that the Port Authority had learned that it would be required to do some modifications at the western turn ' basis and beach quality sand was found and the Port would be investigating the possibility of directly depositing the sand on Cape Canaveral beaches. ADJOURNMENT: There being no further business, the meeting adjourned at 10 :08 P.M. Approved this 2nd day of June , 1992. r Y y . Salamone, MAYOR ATTES : n.4) , .F ith G. Miller CITY CLERK .. / �, ;r 9'X h Ft. S//q17 Z -DL ' �y -Q oftyiy,/-::l 0/ V.NFE y _,.., , , =T f' City of Cape Canaveral irr r'�c y,; 105POLKAVENUE • P.O. BOX 326 g+ 4 / CAPE CANAVERAL, FLORIDA 32920 <�"4 " �`* TELEPHONE 407/783-1100 r FAX 407/799-3170 OF � f CAPE CITY CANAVERAL May 19, 1992 V WEMORANDUM i i TO: MAYOR/COUNCIL / r ,/ RE: EDWARD SPENIK, CITY MANAGER ' r4 ,, "COUNCIL SEEKS MEDIATOR. . . " May 6, 1992 (FLORIDA TODAY) FLORIDA TODAY, EDITORIAL, YOUR O' NION I am the City Manager for the City of Cape Canaveral. Recently, FLORIDA TODAY published a story that was centered around a letter sent by Councilperson Ann Thurm to Council and your newspaper. The text was a negative attack on me. Thurm has been absent from council duties since mid-March. She has been recuperating from heart surgery. How she mustered the strength to type this letter of wrath has me baffled. Her letter made serious charges against my character and ability to supervise city employees as a result of a city building official's complaint. I now ask FLORIDA TODAY to grant me the opportunity to refute these charges that could be damaging to my career and reputation. When I accepted the position as city manager, I knew there would be difficulty in some areas of employees and council. Some employees resented change in management. I have had a good association with the majority of councilmembers. FLORIDA TODAY reported on February 14 , 1992 (Across the Space Coast) that I had been given a merit increase in salary and I received an evaluation rating of 94%. Four councilmembers scored my performance high at almost 100% . Thurm chose to score low, and, to withhold her evaluation for four months. Before I categorically address Thurm's charges, I would like to point out that there are many facets to Thurm's complaints. First and foremost, she was strongly opposed to the firing of former city manager Leo Nicholas. The majority of council overruled her opposition as they could not condone the fact that the State Ethics Commission had found Nicholas guilty on an ethics violation. Thurm and Nicholas have been long-time friends, neighbors and co-councilmembers. The city clerk who resigned is also a long-time friend and neighbor of the above-mentioned. The city attorney had an association with the above-mentioned and was the city attorney in 1977 when Leo Nicholas resigned as mayor, allowing Thurm (mayor pro tem) to step in. Attachment to Minutes PRINTED ON RECYCLED PAPER Corynb9ed19� ksPagpe&1 Alar Mtg. 2 Now to address Thurm's printed charges. Thurm's letter states that "we" have lost two secretaries, two city attorneys, and a city clerk. With regard to the two secretaries--one secretary resigned when she was questioned about excessive charges on a Mastercard charge card. Rather than explain, she resigned. The second secretary was terminated after exhausting her leave privileges. Concerning the two city attorneys--they were both partners in the same firm. When one attorney decided to bow out, his partner took over. His resignation was a result of the February 11, 1992 incident that occurred at City Hall and was reported by FLORIDA TODAY on February 14th. He felt that his presence would no longer be useful. The police report regarding the February 11, 1992 City Hall incident is public information and can be viewed upon request. Regarding the city clerk. She resigned after the February 11th mishap at City Hall. She feared that the findings of the investigation relative to this incident would be unfavorable to her. With regard to the building official, the focal point of Thurm' s letter--he refused to follow the City Charter and personnel procedures. He was insubordinate. Thurm also states I am overly critical. Since my 20-month tenure, deserving employees have been rewarded with pay raises, training and recognition. Thurm calls me paranoid. I call it cautious. One only has to read the reports of the February 11th incident at City Hall. Couple that with illegal break-ins of my work office, damage to my private and city vehicles, personal property, and my wife receiving threatening mail and phone calls. If one does not proceed with caution. . . ? I could go into more detail, but there is impending legal action. Friends are important to us all. Sometimes we lose our objectivity where friends are concerned. Thurm has been very loyal to hers and very unfair to a city manager that is trying to do the best job he can do for the city and its residents. I thank you, and FLORIDA TODAY for allowing, in fairness, my response. // arALedill E•ward • 'enik, City Manager cc: FLORIDA TODAY Attachment to Minutes Combined Workshop & Regular Meeting May 19, 1992 Page 2 of 2