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HomeMy WebLinkAboutMinutes 11-05-1992 CITY COUNCIL REGULAR MEETING November 5, 1992 A Regular Meeting of the Cape Canaveral City Council was held on November 5, 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 Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. 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 ADOPTION OF MINUTES: 1. Regular Meeting of October 20, 1992 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of October 20, 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. PUBLIC HEARINGS: 1. Ordinance No. 20-92 , Deleting Certain Appendices pertaining to Building Code Fee Schedules, for second and final 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 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 Mr. Randels, seconded by Mrs. Thurm to approve Ordinance No. 20-92 at second and final reading. Mr. Randels spoke in favor of the ordinance. Mr. Kancilia advised that some editorial changes had been made to the ordinance, but not a substantive change since the 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 2 . Ordinance No. 21-92 , Amending Chapter 535 , Sewer Impact Assessment, Section 535. 02 , Payment of Assessments, for second and final 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 CERTIFICATION 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. City of Cape Canaveral, Florida Regular City Council Meeting November 5, 1992 Page 2 Motion by Mr. Porter, seconded by Mr. Randels to approve Ordinance No. 21-92 at second and final reading. Mr. Randels spoke in favor of the ordinance. 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. Councilman Randels' report on various issues. Mr. Randels spoke briefly regarding the Legislative Steering Committee of the Space Coast League of Cities and the legislative issues to be submitted to the Brevard delegation that were of prime concern to the City. He stated that Brevard County had formed a steering committee to discuss water issues on a County-wide basis. Mr. Randels stated that the Space Coast League of Cities had been asked to be the League's representative for all fifteen cities. He distributed documents relative to the steering committee to Councilmembers. Mr. Randels mentioned that he was elected as the Treasurer for the Space Coast League of Cities. He also had been chosen to be a trustee of Keep Brevard Beautiful (KBB) and he distributed literature regarding KBB to the Council. Mr. Randels stated that the Indian River Lagoon was designated a national estuary and the committee had received over a million dollars to assist in the clean-up of the River. He briefly explained the Indian River Lagoon Technical Advisory Committee and its goals. Mr. Porter questioned the viability of pursuing available funds to assist in the City's clean-up of its portion of the Banana River. There was further discussion regarding water issues and the proposed wetlands project. 2 . Motion Re: Resolution No. 92-57 , Making Findings Relative to the Selection of an Engineering Firm to Design the City's Wastewater/Stormwater Disposal System. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, 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 Mayor Salamone to adopt Resolution No. 92-57 with the ranking order included in Section 2 of the Resolution as follows: 1) Post, Buckley, Schuh & Jernigan, Inc. ; 2) Hartman & Associates, Inc. ; 3) Briley, Wild & Associates. Mr. Porter explained the reasons for his ranking selection. He stated that he felt Post, Buckley was the best qualified with more experience in wetlands and would be the best for the City. The other Councilmembers stated similar reasons for selecting the same ranking of the engineering firms. Mayor Salamone asked Mr. Joseph Abbott, Public Works Director, for his recommendations on the proposed engineering consultants. Mr. Abbott explained that Post, Buckley was recognized as the expert in the permitting process necessary for the proposed wetlands treatment (AWT) and restoration (reuse) alternative. He stated City of Cape Canaveral, Florida Regular City Council Meeting November 5, 1992 Page 3 that Post, Buckley was a full service 1, 000 man engineering firm with all the required engineering disciplines in-house. He highly recommended the selection of Post, Buckley as the City's consulting engineer for the design of the City's wastewater/stormwater disposal system. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Mayor Salamone advised that compensation negotiations would begin with Post, Buckley as soon as possible. DISCUSSION: 1. Mrs. Barbara Sims, 314 Adams Avenue, spoke in reference to a drive-by shooting incident which occurred on October 30, 1992 . She stated that the subject house was at the corner of Orange and Adams Avenues where six to eight shots were fired and four to five more shots were fired at 307 Adams. She felt that the incident may have been drug-related. Sgt. Don Barker, Brevard County Sheriff's Department, Cape Canaveral Precinct, stated that it was an active investigation and that interviews had been conducted that day and the Sheriff's Department was close to resolving the situation. Mr. Leo Nicholas, 405 Adams, stated that the drug problem was not new and he implored the City to resolve the situation as soon as possible. Mayor Salamone stated that the incident was indeed unsettling, but Lt. McGee and his staff were working to resolve the situation. Mr. Jim Hitchner, questioned the number of families allowed in one residence. Mrs. Tinney, 215 Adams Street, questioned the number of animals allowed at one residence. She spoke in reference to a dog from the residence in question which had attempted to attack another neighbor and it was suggested that she contact the City's animal control officer. Mayor Salamone stated that Mrs. Sims would be contacted with further news regarding the situation and she agreed to be the contact person for her neighbors. A ten-minute break was taken at this time, after which the meeting was reconvened. BUSINESS (Continued) : 3 . Motion Re: Resolution No. 92-58 , Approving the Final Plat of Park Villas. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "PARK VILLAS" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Resolution No. 92-58 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 4 . Motion Re: Resolution No. 92-59 , Certifying results of General Election held on November 3 , 1992 . Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting November 5, 1992 Page 4 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 3 , 1992 ; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mrs. Calvert to adopt Resolution No. 92-59 pending the results of the recount currently being undertaken by the Brevard County, Supervisor of Elections office. 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. Discussion & Motion Re: Resolution No. 92-60, Making Findings Relative to the Selection of an Engineering Firm to provide General Engineering Services to the City. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MAKING FINDINGS RELATIVE TO THE SELECTION OF AN ENGINEERING FIRM TO PROVIDE CONSULTING PROFESSIONAL ENGINEERING SERVICES ON A CONTINUING CONTRACT BASIS; SELECTING AN ENGINEERING FIRM; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to approve Resolution No. 92-60 with the ranking selection as follows: 1) AJT & Associates; 2) Hartman & Associates, Inc. ; 3) Dyer, Riddle, Mills & Precourt, Inc. Mrs. Thurm asked that the Councilmembers vote individually on their ranking selections. Each Councilmember ranked the engineering firms in the following order: Calvert Porter Randels 1) Dyer, Riddle Dyer, Riddle Dyer, Riddle 2) Prof. Eng. Cons. Prof. Eng. Cons. Prof. Eng. Cons. 3) Hartman & Assoc. Hartman & Assoc. Stottler, Stagg Salamone Thurm 1) AJT & Associates Dyer, Riddle 2) Hartman & Assoc. Prof. Eng. Cons. 3) Dyer, Riddle McFerrin/McCrone After considerable discussion, Mayor Salamone withdrew her original motion and Mr. Porter withdrew his second. Motion by Mr. Porter, seconded by Mrs. Thurm to approve Resolution No. 92-60 with the ranking selection as follows: 1) Dyer, Riddle, Mills & Precourt, Inc. ; 2) PEC Professional Engineering Consultants, Inc. ; 3) Hartman & Associates, Inc. Mayor Salamone questioned why Professional Engineering Consultants (PEC) was selected as the second choice and Mr. Randels explained his reasons for same. Mrs. Thurm and Mr. Porter spoke in favor of Dyer, Riddle. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Mayor Salamone thanked all the firms involved in the request for proposal process and asked that letters be mailed to each firm thanking them for their time and patience. City of Cape Canaveral, Florida Regular City Council Meeting November 5, 1992 Page 5 6. Motion Re: Scheduling combined workshop and regular City Council meetings for December 1, 1992 , and January 5 , 1993 . Motion by Mayor Salamone, seconded by Mrs. Calvert that the meeting scheduled for Tuesday, December 1, 1992 , be a combined workshop and regular City Council meeting and that the meeting scheduled for Tuesday, January 5, 1993 , be a combined workshop and regular City Council meeting. 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 . City Manager's Report. Mr. Boucher advised that Dicie Sherwin had agreed to begin negotiations for the contemplated purchase of her property located across from the Recreation Complex. Council concurred to schedule the item for the next workshop meeting. Mr. Boucher stated that the Tourist Development Council (TDC) had met and approved funding for the emergency repair of the beach crossovers at a cost of $8 , 125. He stated that the City needed local representation on the Beach Improvement Committee. He thanked Mr. Rusty Fischer as Chairman of the Committee for supporting the City's request. Mayor Salamone asked that letters be sent to Mr. Fischer and Karen Andreas thanking them for their support of the City's request. Mr. Boucher stated that the Beach Improvement Committee received 30% of the TDC funds for its projects. Mayor Salamone stated that Don Arabian would be a good choice as the City's representative to the Beach Improvement Committee. Mr. Boucher stated that the TDC had an opening for a Councilmember-at-large and Mr. Porter stated he would be interested in that position. Mr. Boucher would obtain the information necessary to pursue Mr. Porter's appointment to the TDC. Mr. Boucher explained that the traffic signals were out of synchronization on AlA because of the night roadway construction. Mr. Boucher stated that Chief Sargeant had asked that the City recognize C & C Autobody for donating a paint job for one of the Fire Department's vehicles. Mayor Salamone asked that a letter and a Certificate of Appreciation be prepared and sent to C & C Autobody. DISCUSSION (Continued) : 2 . Mr. Kancilia advised that Mr. Patrick Healy had written a letter regarding the Royal Mansions litigation and a potential settlement offer. He asked that the item be formally considered by the Council and Council concurred to schedule the item for the next workshop meeting. 3 . Mr. Kancilia stated that the Milliken vs. City case had been continued indefinitely due to the judge's heavy trial calendar. 4 . Mr. Kancilia advised that the arbitration of Mr. Carl Akery would occur on Friday, November 13 , 1992 . 5. Mr. Kancilia referenced the Galbet vs. City of Miami Beach case and stated that the Third District Court of Appeals held to its earlier decision, but certified the question to the Florida Supreme Court. City of Cape Canaveral, Florida Regular City Council Meeting November 5, 1992 Page 6 6 . Mayor Salamone stated that nominations had been submitted for the Special Employee of the Quarter award and the employee who won felt that he was ineligible to receive the employee award and she felt that the nomination should be submitted to the City Clerk so that the City Manager could receive his award as the Special Employee of the Quarter. 7 . Mr. Randels stated that the Florida Department of Natural Resources would be accepting project applications from local governments desirous of obtaining state funding for beach erosion control projects through May 1, 1993 . 8 . Mr. Porter spoke regarding the letter received from Olsen Engineering and the proposed fill site and he questioned if the site covered the Canaveral Sands area. 9 . Mr. Porter stated that he wanted to review the Councilmembers' areas of interest. Discussion followed regarding the specific areas of interest for each Councilmember. A resolution designating the areas would be prepared for the next workshop meeting. 10. Mrs. Clavert spoke in reference to the proposed change in townhouse regulations. She stated that the "grandfathering clause" was not strong enough and referenced her reasons for same. There was extensive discussion regarding the subdividing of 50' lots. There being no further business, the meeting adjourned at 9 : 58 P.M. Approved this 17th day of November , 1992 . - (' , . - (.,i��,,,.-8 SA Salamone, MAYOR ATTEST-( Ii . , Z , , - 6 Faith G. Miller, CITY CLERK