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HomeMy WebLinkAboutMinutes 10-20-1992 CITY COUNCIL REGULAR MEETING October 20, 1992 A Regular Meeting of the Cape Canaveral City Council was held on October 20, 1992 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 06 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present (Late) 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 PRESENTATIONS: Mayor Salamone stated that the agenda order was changed to allow for the presentations of the Beautification awards prior to the engineering interviews. 2 . Presentation of Summer and Fall Commercial and Residential Beautification Awards: Residential - Thomas E. Cahill Multi-Family - Casa Canaveral Commercial - Kat Mar's Cards 'N' Gifts Mrs. Frances Singer, member of the Beautification Board, presented the summer and fall beautification awards to the winners in three (3) categories: residential, multi-family, and commercial. 1. Interview of engineering firms who responded to RFP No. 92-02 : 7 : 00 P.M. - McFerrin/McCrone, Inc. Mr. G. Wallace McCulloch, Civil Engineer, with McFerrin/McCrone, Inc. explained that his firm had been providing engineering services since 1989 . He stated that their main office was in Annapolis, Maryland with a local office in Titusville. The local office had eleven (11) employees. Mr. McCulloch presented an overview and history of the firm. He explained that the firm was familiar with coastal cities. The firm would provide timely reviews with a seven (7) to ten (10) day turnaround for plan reviews. Mr. McCulloch stated that he would attend Council meetings on a regular basis in order to stay familiar with Council actions and needs. He and Mr. Bob McFerrin answered questions from Councilmembers regarding the firm and its qualifications. 7 : 30 P.M. - PEC Professional Engineering Consultants, Inc. Mr. Tom R. Kelley, Principal, of Professional Engineering Consultants, Inc. stated that his firm was a medium-sized full- service firm with approximately 110 employees and was headquartered in Orlando, Florida. He stated that he would be the Senior Project Manager for the City if his firm was selected for the engineering services. He explained the extensive amount of experience his firm had as consultant engineers both at the county and city levels. Mr. Kelley stated that his firm did not serve any other clients in the area and that it currently served eight (8) counties and thirteen (13) cities. He stated that Ken Hooper had been the County Manager for Seminole County for five (5) years and he would City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 2 provide consultant engineering services to the City if their firm was chosen. Mr. Kelley stated that the firm would offer a three (3) to seven (7) day turnaround time. He spoke briefly regarding CADD systems and their compatibility with future G. I . S. mapping systems. Mr. Kelley answered questions from Councilmembers regarding his firm. 3 . Certificates of Appreciation for City employees who assisted in relief efforts to Hurricane Andrew victims. Greg Mullins Dean Clark Mayor Salamone and Mayor Pro Tem Porter presented Certificates of Appreciation to Greg Mullins and Dean Clark for their relief efforts provided to Hurricane Andrew victims. Mayor Salamone stated that the two (2) employees had been singled out specifically for how well they cooperated and how tirelessly they worked during their time in South Florida. Mr. Mullins and Mr. Clark had traveled to South Florida and assisted in rebuilding efforts for three (3) days to aid the victims of Hurricane Andrew. ADOPTION OF MINUTES: 1. Regular Meeting of October 6, 1992 . Motion by Mrs. Calvert, seconded by Mr. Porter to approve the minutes of the Regular Meeting of October 6, 1992 , as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 2 . Special Meeting of October 7 , 1992 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Special Meeting of October 7 , 1992 , as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. BUSINESS: 1. Motion Re: Request for permission to hold Halloween Party with benefits to be donated to non-profit organization. Mr. Donald Gilson, 119 Harrison Avenue, was present to address Council on his request. Mr. Porter stated that at the last workshop meeting some stipulations were imposed on the request including obtaining signatures from surrounding property owners in agreement with the party being held. Mr. Gilson stated that he was in the process of obtaining the signatures when he was informed by Lt. McGee that he had recommended disapproval of the request. Mayor Salamone stated that Lt. McGee had significant concerns regarding the party. Mr. Gilson stated that Circle K had given its permission to use their parking lot for the party guests, but they did not have written permission. There was further discussion among Council regarding the party request including the party being held on Halloween night, alcoholic beverages being served, the noise from the band, and the limited space available on a small lot for the party. Mr. Porter stated that it would be more conducive to have a party of this size in a more suitable location. Mr. Gilson further described that the party was by invitation only and that an ex-New York City police officer would be in attendance to insure that there were no City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 3 problems. Mr. Michael Maurice spoke in favor of the party and stated that he would be providing security services for the party. Mrs. Phyllis Witchco spoke in favor of the party and she felt that no problems would be encountered by the children out trick-or- treating for Halloween. Mr. Porter stated that he agreed it was a worthy cause, but he felt there were safety concerns. Mayor Salamone stated that the intent of the party was admirable, but she did not feel that Council could support the request. Mr. Donald Gilson, 119 Harrison Avenue, read a prepared statement to the Council which explained the preparations undertaken to organize the party to maximize the benefits while respecting their neighbors including: noise control of the four-piece band with jazz/soft pop music, yard area covered with tarp and cut off from the street by plants, parking allowed at Circle K, liquor permit not needed, five (5) designated drivers if needed, security doorman provided, and neighbors surrounding subject property had agreed to the party. Mr. Gilson addressed the concerns outlined by Lt. McGee. He stated that because of the City Council's response to the party, he and his roommate would not be purchasing a home in Cape Canaveral and he would move his business out of the City. He stated that thanks to a businessman the party would still be held to benefit Project Response, but it would be held outside the limits of Cape Canaveral. 2 . Motion Re: Ordinance No. 19-92 , Amending Chapter 639 , Townhouse Regulations, providing changes in the townhouse area and dimension regulations, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING CHAPTER 639 , ENTITLED "TOWNHOUSE REGULATIONS" ; PROVIDING CHANGES IN THE TOWNHOUSE AREA AND DIMENSION REGULATIONS; PROVIDING FOR CHANGES IN THE MINIMUM TOWNHOUSE SET BACK REQUIREMENTS; PROVIDING LEGISLATIVE INTENT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Ordinance No. 19-92 at first reading. Mrs. Thurm stated that at the last workshop the Council had requested that the chairman of the Planning & Zoning Board attend the next workshop to explain the intent of the ordinance. Mrs. Calvert stated that there were twenty-one lots left in the City affected by the ordinance amendment. She felt that the ordinance needed to be reviewed more thoroughly and she explained her reasons for same. Motion by Mrs. Calvert, seconded by Mr. Porter to table Ordinance No. 19-92 . Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilwoman Calvert For Councilman Randels Against Councilwoman Thurm For 3 . Motion Re: Ordinance No. 20-92 , Deleting Certain Appendices pertaining to Building Code Fee Schedules, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 611, BUILDING CODE; CHAPTER 613 , STANDARD PLUMBING CODE; CHAPTER 614 , STANDARD MECHANICAL CODE; CHAPTER 615, STANDARD GAS CODE; OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 4 DELETING CERTAIN APPENDICES PERTAINING TO BUILDING CODE FEE SCHEDULES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Thurm, seconded by Mrs. Calvert to approve Ordinance No. 20-92 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm. 4 . Motion Re: Ordinance No. 21-92 , Amending Chapter 535 , Sewer Impact Assessment, Section 535. 02 , Payment of Assessments, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 535. 03 , ENTITLED "ISSUANCE OF CERTIFICATE OF LICENSE" , OF THE CODE OF ORDINANCES TO PERMIT THE ISSUANCE OF CERTIFICATES OF OCCUPANCY IN CITY LICENSES UPON PAYMENT OF SEWER IMPACT FEES ON AN EXTENDED BASIS; BY PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to approve Ordinance No. 21-92 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 5 . Motion Re: Resolution No. 92-51, Appointing an Alternate member to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Resolution No. 92-51 providing for the appointment of Jacqueline Coates as an alternate member of the Beautification Board with a term to expire on November 1, 1994 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 6 . Motion Re: Resolution No. 92-52 , Appointing Two Members to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Resolution No. 92-52 providing for the appointment of Gerald Reiner as First Alternate and Walter Godfrey as Second Alternate to the Code Enforcement Board with terms to expire on November 1, 1993 . There was discussion regarding the designation of the two alternate members. Both would be in the businessman designation. The previous alternates, Carol Warner and Thomas J. Beasley, Jr. , would be moved into member positions on the Code Enforcement Board. City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 5 Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Motion by Mr. Randels, seconded by Mrs. Thurm to take the currently serving active alternates, Carol Warner and Thomas J. Beasley, Jr. , and move them up to serve as regular members of the Code Enforcement Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 7 . Motion Re: Resolution No. 92-53 , Appointing Three Members to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to approve Resolution No. 92-53 to include changing Catherine Barnes and Steve Roney from alternates to regular members of the Planning & Zoning Board and appointing Bruce Collins as the third member with terms to expire September 15, 1994 . Motion by Mr. Porter, seconded by Mr. Randels to amend Resolution No. 92-53 to add Section 2 to provide for the appointment of Buzz Petsos as the First Alternate and Beatrice McNeely as the Second Alternate to the Planning & Zoning Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 8 . Motion Re: Resolution No. 92-54 , reappointing one member and one alternate to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION REAPPOINTING A MEMBER AND AN ALTERNATE TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Resolution No. 92-54 reappointing Bill Gleckner as a regular member and Robert Murray as an alternate member of the Beautification Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 9 . Motion Re: Resolution No. 92-55, approving the final plat of Ocean Gardens - Wave One. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "OCEAN GARDENS - WAVE ONE" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 6 Motion by Mr. Porter, seconded by Mr. Randels to approve Resolution No. 92-55 . Mr. Kancilia requested that the item be tabled. He stated that Kevin Markey had a number of comments regarding the restrictive covenants of the condominium association. He stated that a reply was provided by the developer, but he had not received a report from Mr. Markey as to whether the suggested changes by the developer were acceptable. Mr. Jim Murphy, representing the developer, stated that the delay would cause considerable hardship to the project. He stated that he had taken the corrections to Mr. Markey and he had not had any problems with the documents. Motion by Mr. Randels, seconded by Mr. Porter to amend the motion to add the contingency that the approval be based upon the satisfactory review and acceptance of supplying the necessary documents. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 10. Motion Re: Resolution No. 92-56, Re-establishing Minimum Permit Fees, Plan Checking Fees, Reinspection Fees, and Fee Schedule for Site Plans and Replat/Subdivision of Land. Mayor Salamone read the title of the Resolution. A RESOLUTION RE-ESTABLISHING MINIMUM PERMIT FEES, PLAN CHECKING FEES, REINSPECTION FEES, AND FEE SCHEDULE FOR SITE PLANS AND REPLAT/SUBDIVISION OF LAND FOR THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING RESOLUTION NO. 91-49 ; PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Resolution No. 92-56 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 11. Motion Re: Ranking of engineering consultants for RFP No. 92- 05, Request for Proposals for Consultant/Professional Engineering Services for Wastewater and Stormwater System Improvement Projects. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; MAKING FINDINGS RELATIVE TO THE SELECTION OF AN ENGINEERING FIRM TO DESIGN THE CITY'S WASTEWATER/STORMWATER DISPOSAL SYSTEM; SELECTING AN ENGINEERING FIRM; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels for approval of Resolution No. 92-57 . Mr. Porter stated that he had not had the opportunity to review the most recent comments received from Hartman & Associates and Post, Buckley, Schuh & Jernigan. Motion by Mr. Porter, seconded by Mrs. Thurm to table Resolution No. 92-57 . Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilwoman Calvert For Councilman Randels For Councilwoman Thurm For Motion by Mr. Porter, seconded by Mrs. Thurm to amend the agenda to add a discussion item on the recent correspondence from Hartman & City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 7 Associates and Post, Buckley. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Mr. Boucher stated that he had found a letter from Dyer, Riddle, Mills & Precourt which stated that under the guidelines of the Florida Administrative Code it would require 230 acres to complete a wetland project. He had forwarded a copy of the Dyer, Riddle letter to both firms and asked for their comments. Mr. Kancilia stated that the City was still within the selection process and that the issue was still part of the public presentation and it was acceptable to solicit new information. Mr. Gerry Hartman explained his firm's concept of utilizing the treatment plant facilities to its full potential. He stated that the plant was controllable and the wetlands application process systems for wastewater had been artificially made. The difference between the 33 and the 230 acres required for the wetlands project was the artificial wetland (man-made, planted) versus a wetland that met all the rules or requirements. He stated that the loading rate was within the absolute maximum; the rate proposed was 12-13" per week and the absolute maximum on artificial wetlands was 14" per week. Mr. Hartman stated that his firm felt that there was an opportunity with the plant to make the plant an AWT facility at minimal cost and that the wetlands be used as a reuse opportunity. He further explained his reasons for the recommendation. The reuse requirements under the Indian River Lagoon Act required a reuse report which the City had completed. The report had been conditionally approved and the approval addressed the obstacles that needed to be overcome to implement a reuse system under a wetlands format. The acceptance was not a domestic waste permit issue, it was a component of the Indian River Lagoon Act requirement. He stated there was some confusion that some type of approval had been granted for the wetlands system from DER, which actually had not occurred. There was further discussion regarding AWT requirements and the two different philosophies of the engineering firms involved in the project. Mr. Hartman addressed questions from Councilmembers. Mr. Dan Click, Post, Buckley, Schuh & Jernigan, Inc. , explained the fundamental differences in the approach to the design of a wetlands system. He stated that the issues raised by Dyer, Riddle and Briley, Wild centered on the State regulation known as FAC 17-611, which addressed discharges to existing wetlands which were hydraulically connected to "waters of the State" . The basis upon which Post, Buckley had proceeded to this date with the development of the wetlands system was that it was quite possible and a proven method to design a constructed man-made wetlands systems on uplands that was independent of FAC 17-611. This type of system would be permitted under the more general rule FAC 17-600 and was viewed in the permitting process as simply another piece of the treatment plant. The fundamental difference was whether the piece of land was a wetland hydraulically connected to and jurisdictionally a part of the waters of the State. Mr. Click stated that in the past four years, four permits had been successfully acquired for systems similar to the proposed Cape Canaveral system. He stated that it was not an easy permit to obtain, but it was possible. He further summarized the reasons why he felt that this project did not fall under the restraints of FAC 17-611. City of Cape Canaveral, Florida Regular City Council Meeting October 20, 1992 Page 8 Mr. Porter questioned the possibility of seasonal problems that may be encountered because the system would be dependent upon nature and did not allow for plants killed by sudden freezes or insecticide spraying. Mr. Click stated that the project was not totally relying on nature. He stated that the wetlands were an extension of the treatment plant. Specific concerns were raised in the mid-1980s when these type of plants were first permitted regarding the possibility of freezing. He stated that the design basis included the worst case that could be sustained and that helped to determine the number of plants and acres needed. He stated that phosphorus was controlled in the mechanical portion of the plant as wetlands were not particularly good at uptake of phosphorus. Nitrogen was disposed of very readily through the wetlands system. He stated that the best plant to include in a wetland was a cattail because cattails were generally not killed by a freeze. The other major plant that took up the nutrients in the system was the bulrush which was generally immune to freezing. Mr. Click addressed further questions by Councilmembers regarding the wetlands system, DER's response letter to the reuse feasibility study, Class I relibility water, community reuse program, and concerns about wetlands on a barrier island. 12 . Discussion and Motion Re: Scheduling combined workshop and regular City Council meeting for December 1, 1992 . 13 . Councilman Randels' report on various issues. 14 . Monthly Activity Reports. 15. City Manager's Report. Mayor Salamone stated that Item Nos. 12-15 would be tabled until the next regularly scheduled Council meeting. DISCUSSION: 1 . Mr. William Bennix commented on the wetlands property and the type of soil needed for the wetlands project. There being no further business, the meeting adjourned at 10 : 00 P.M. Approved this 5th day of November , 1992 . • e Ja,( J-•, Salamone, MAYOR ATTEST: • +fti trar 11- 'yr � / � .% ir Faith G. Millet, ITY CLERK � •s,,,.i f r