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HomeMy WebLinkAbout04-06-1993 CITY COUNCIL REGULAR MEETING April 6, 1993 A Regular Meeting of the Cape Canaveral City Council was held on April 6, 1993 , 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. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Robert Abbott Absent Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of March 16, 1993 . Motion by Mr. Randels, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of March 16, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Special Meetings of March 24 & 25, 1993 . Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Special Meetings of March 24 & 25, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 05-93 , Amending City's Code of Ordinances, Chapter 737 , Alcoholic Beverage Open Container Regulations, Section 737 . 03 , Definitions, to Amend the Definition of "Possession" , 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 737, ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS, SECTION 737 . 03 , DEFINITIONS, TO AMEND THE DEFINITION OF "POSSESSION" ; PROVIDING FOR A REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 05-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Ordinance No. 06-93 , Amending City's Code of Ordinances, Chapter 685, Parking Regulations, Section 685. 06, entitled "Penalties" to Revise the Amount Charged for Illegally Parking in a Handicapped Space, 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 685, PARKING REGULATIONS, SECTION 685. 06, ENTITLED "PENALTIES" OF THE CODE OF ORDINANCES TO REVISE THE AMOUNT CHARGED FOR ILLEGALLY PARKING IN A HANDICAPPED SPACE; PROVIDING FOR SEVERABILITY; BY REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 1993 Page 2 Motion by Mrs. Calvert, seconded by Mr. Randels to adopt Ordinance No. 06-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Motion Re: Summer Recreation Program Proposal. Motion by Mayor Salamone, seconded by Mr. Porter to allow the Recreation Director to continue to work on a half-day program for summer school. Mayor Salamone explained the recreation program as previously discussed at the workshop. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Motion Re: Budget Transfer for Recreation Department. Motion by Mayor Salamone, seconded by Mr. Porter to transfer $7, 324 into the Recreation Fund salaries from the general fund contingency. There was general discussion regarding the Recreation Department budget transfer. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 3 . Motion Re: Budget Transfer for Sheriff's Department. Lt. George McGee, Sheriff's Department, asked that the item be tabled and explained his reasons for the request. Motion by Mrs. Calvert, seconded by Mr. Porter to table the item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Motion Re: Cape View Elementary Yard Sale scheduled for April 17 , 1993 . Mayor Salamone stated that the proposed yard sale had been canceled and asked that the item be tabled. Motion by Mayor Salamone, seconded by Mr. Randels to table the item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 5 . Ordinance No. 07-93 , Amending City's Code of Ordinances, by Repealing and Reenacting Chapter 610, Abandoned Property, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING AND REENACTING CHAPTER 610, ABANDONED PROPERTY OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS; PROVIDING FOR DISPOSITION OF ABANDONED OR LOST PROPERTY ON PUBLIC PROPERTY; PROHIBITING ABANDONMENT OF PROPERTY ON PRIVATE PROPERTY; PROVIDING FOR THE ISSUANCE OF A NOTICE TO ABATE; PROVIDING CODE ENFORCEMENT BOARD HEARING PROCEDURES; PROVIDING FOR COMPLIANCE WITH THE NOTICE OR ORDER TO REMOVE AND REMOVAL BY THE CITY UPON NONCOMPLIANCE; REQUIRING NOTIFICATION TO OWNER; PROVIDING FOR DISPOSITION OF PROPERTY BY THE CITY; PROVIDING FOR REDEMPTION PRIOR TO SALE; IMPOSING LIABILITY ON OWNER FOR TOWING AND STORAGE EXPENSES AND IMPOSING A LIEN ON PROPERTY BY CODE ENFORCEMENT AUTHORITY; PROVIDING FOR ADDITIONAL REMEDIES; PROVIDING A PENALTY FOR OBSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 1993 Page 3 Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 07-93 at first reading. Mr. Randels spoke in favor of the proposed ordinance. Mr. Kancilia explained some of the applicable state regulations which had been included or revised in the proposed ordinance. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 6. Ordinance No. 08-93, Amending City's Code of Ordinances, by Repealing Chapter 673, entitled "Garbage and Trash Removal" and Renaming Chapter 673 as "Solid Waste Removal" , for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING AND RE-ENACTING CHAPTER 673 , GARBAGE AND TRASH REMOVAL; RENAMING CHAPTER 673 , SOLID WASTE REMOVAL; PROVIDING DEFINITIONS; REQUIRING CONTAINERS TO BE PROVIDED; PRESCRIBING RESIDENTIAL SOLID WASTE PICKUP CONDITIONS; REQUIRING PROPER DISPOSAL OF SOLID WASTE AS A PREREQUISITE TO COLLECTION; PRESCRIBING UNLAWFUL ACTS; PROHIBITING TRANSFER OF SOLID WASTE OVER PUBLIC STREETS; PRESCRIBING A COMPLAINT PROCEDURE; MAKING SOLID WASTE PROPERTY OF THE CITY; SETTING A PROCEDURE FOR A SCHEDULE OF FEES; PERMITTING THE CITY TO COLLECT SOLID WASTE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 08-93 at first reading. Mr. Kancilia explained that the purpose of the Ordinance was to include recycling and yard waste provisions. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 7 . Discussion Re: Wastewater Project Update. Mr. Boucher briefed Council on the meeting held between the City and the State of Florida, Department of Environmental Regulations (DER) . He stated that DER appeared to be agreeable to the proposed site and several key issues were reviewed. He stated that the City had to meet the anti-degradation rules of DER which would indicate that the City would not be causing any harm to the Indian River. The project would be classified as a wetlands, surface water and reuse project. Mr. Boucher presented additional information regarding the current status of the wetland project. Mr. Boucher reviewed two transparencies of the proposed site which showed the previous and the revised wetland treatment design which utilized 34 . 5 acres, more or less. He stated that the water main that serviced the plant and the adjacent development would have to be relocated. Mr. Kancilia stated that the proposed site may be more costly from a land acquisition standpoint, but less costly from a construction standpoint. Mr. Boucher stated that the City would be able to retain its NPDES permit to allow discharge into the river. He explained that a wet weather discharge permit provided a 91-day exemption in a given year to allow discharge into the Indian River if there were problems with the wetland due to wet weather. Mrs. Helen Filkins questioned which portion of the revised site plan belonged to Mr. Tezel. Mr. Boucher stated that there was approximately ten (10) acres of Mr. Tezel's property included in the revised site plan. Mr. Kancilia briefly explained that the City preferred to purchase the land rather than utilizing the power of imminent domain. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 1993 Page 4 Mr. Boucher explained that Council had been provided a revised project schedule and a financial schedule for obtaining bond financing. He stated that by the next workshop the selection of bond counsel could be discussed. Mr. Leo Nicholas questioned whether or not grant funds were being pursued and Mr. Boucher responded to same. Mr. Nicholas advised that Senator Grogan had an article in Florida Today which pertained to grant funding and Mayor Salamone asked Mr. Boucher to contact Senator Grogan's office. 8 . City Manager's Report. Mr. Boucher stated that the denial letter had been received from DER regarding the beach renourishment project. He stated that the project would be postponed until February or March of 1994 after turtle nesting season was over. Mr. Boucher stated that there was a derelict vessel at the end of Center Street which had been there for a number of years and Commissioner Andreas' office had assisted in finding an agency to remove the vessel within six to eight weeks. Mr. Boucher stated that City employees were recognized by the Florida League of Cities in its Safety Newsletter for OSHA training. Mr. Boucher stated he had received a notice from Keep Brevard Beautiful and that since October 1, 1992 , the City received 2 , 870 hours of prison labor which had saved the City $18 , 281. Mayor Salamone asked that a letter of thanks from Council be forwarded to Keep Brevard Beautiful. Mr. Boucher explained that the AlA resurfacing project was behind schedule because the contractors were at odds with one another and he explained that their delay was also delaying the City's installation of the traffic signal at AlA and Central Boulevard. It was also holding up the annual traffic count. Mr. Boucher stated he had spoken with Cablevision representatives regarding scheduling a television program to inform City residents about the wetlands project and he would be meeting with them on May 4 , 1993 , to set-up production of such a program. DISCUSSION: Mr. Kancilia advised that the case of Milliken vs. the City was set for a non-jury trial on May 3 , 1993 . Mr. Kancilia stated that Mr. Boucher had provided copies of a memorandum from Mr. Abbott to the City Attorney regarding a request to seek an opinion from the Attorney General regarding the City's policy of providing Councilmembers with information which had been adopted earlier in March. He stated that he had advised Mr. Abbott that he could not undertake to seek an opinion of the Attorney General without the consent of the City Council. Mr. Kancilia stated that Mr. Abbott had indicated that he did not feel that a majority of the Council would authorize such an opinion. He stated that Mr. Abbott undertook to contact the Attorney General's office himself regarding the Council's information provision policy. Mr. Kancilia stated that Mr. Abbott had spoken with Pat Gleason, an Assistant Attorney General. He stated that Mr. Abbott felt that Ms. Gleason was of the opinion that the City policy was not in compliance with the intent of the Public Records Act, Florida Statutes, Chapter 119 . Mr. Kancilia stated that he had contacted Ms. Gleason's office and explained that there had possibly been a misunderstanding. He stated that the policy Council had enacted City of Cape Canaveral, Florida City Council Regular Meeting April 6, 1993 Page 5 did not affect the public in the public's request to obtain information which was public records, but rather the City Council's policy was a policy on itself for obtaining information from the City staff. He stated that he was given excerpts from the Government in the Sunshine Manual and it was true that automatic deadlines of time periods during which citizens were not allowed to obtain public records was a violation, but he felt that this did not apply to the Council's policy on itself. He stated that Councilmembers had asked the City staff to gather information and had also asked for copies of public records. Councilmembers were not charged the statutory fee when their requests for information involved the copying of public records and since there was a potential that the Councilmember's privilege of obtaining information and documents might be abused, the Council had enacted the policy to control the information to Councilmembers which was not compensated. Mayor Salamone stated that Council had felt that there was an inordinate amount of taxpayer's money being spent on salaries and time of City employees to retrieve old information. Mr. Kancilia stated that his interpretation, based on what Ms. Gleason provided to him was that if any Councilmember wished to exercise his/her right under the Public Records Act and wished to pay $ . 15 per copy plus any search time that Councilmembers were free to exercise that right. Mayor Salamone and Mrs. Calvert agreed. Mr. Kancilia stated that in that case Councilmembers would not be bound by any time limitations that may otherwise be in place for the provision of free copies and information. Mr. Randels stated that the policy specifically applied to Councilmembers only and provided for a reasonable time and procedure to obtain the information from staff. Mayor Salamone stated that the policy was specific to old issues. She stated that the Council had not addressed denying the public's access to public records. She stated that Council's objective was not to dissuade inquirers from learning what had actually occurred within the administrative element of the City. She stated that according to the City Charter, the City Council could determine procedures to govern its own conduct. Mrs. Calvert stated that no one was prohibited from asking and receiving any City information. She stated that if the information was pertinent to an upcoming meeting, then there would be no charge to the requesting Councilmember. If a Councilmember requested substantial research and employee's time on an issue that was not relative to a current agenda item, then the Councilmember would pay the reasonable fees established. Mr. Kancilia stated that if a Councilmember came before the City staff as a citizen, not exercising the Councilmember's privilege for free copies, that the Councilmember then did not have to wait any specific length of time for the information provided that the Councilmember tendered the applicable fee. There was further discussion regarding whether or not a Councilmember could act as a private citizen in requesting documents from the City staff. Mr. Kancilia stated that Council had created a privilege for themselves in providing free copies to themselves and charging ordinary citizens. The distinction was that if a Councilmember wanted to obtain immediate service, not under the restraints of the Council procedure, he/she must do so under the same circumstances that an ordinary citizen would, which would be to pay for the copies. The privilege created by the Council for the Council was the free copies. He stated that in most cases, the ability to obtain City information was a necessary part of a Councilmember's job. To prevent the abuse of these privileges, Council enacted the policy whereby the information flow would be done in a controlled manner through the City Manager. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 1993 Page 6 Mr. Kancilia stated that the Attorney General had stated that automatic delay periods for access to public records by members of the public were a violation of the Public Records Law. Mr. Porter expressed his support of the Council established records policy and explained his reasons for same. Mr. Kancilia stated that some very technical legal distinctions must be made as to the details of the Council's records policy. He stated that Council was not restricting the public's access to public records by the policy. He stated that Council was not ir restricting any Councilmember's access to public records and the Councilmember had the same rights as ordinary citizens under the same circumstances. The policy applied only in a very narrowly drawn set of circumstances. He stated that another distinction that should be made was the request for public records and the request for information. Under the Public Records Act, any citizen was entitled to public records which meant identifying to the custodian of the records with reasonable certainty what the record was; upon identification the custodian must produce the record for examination or copy it, if requested. However, City staff was not obligated by State law to provide information that required research or to create such information which did not currently exist and he explained examples of such information. Mr. Randels questioned whether or not Council wished to pursue an Attorney General's opinion on the records policy. Mayor Salamone felt that an opinion was not necessary because she felt that Council had not denied anyone access to public records. Mr. Kancilia stated that requests for public records were processed through the City Managers' offices in Indian Harbour Beach, Palm Bay and Titusville. Mayor Salamone stated that she found Mr. Abbott' s statements regarding Council's intent for establishing the records policy unethical. She also stated that as a body Council could request information and research from the City Attorney, but no individual Councilmember could utilize the City Attorney's time to complete research on an individual basis. Mayor Salamone recognized a visitor in the audience from Belgium who served as a Councilmember in a town outside of Brussels. He explained some of the differences and similarities between his City and the City of Cape Canaveral. Mr. Randels spoke briefly regarding the Adopt-a-Shore program and he listed the Adopt-a-Shore groups who had chosen to adopt sections of the shoreline within Cape Canaveral. [6. Mr. Randels spoke in favor of the new bus service in Cocoa Beach with eleven stops in Cape Canaveral on Tuesdays and Fridays. He suggested that the bus schedule be included in the next City newsletter. Mr. Randels stated that the Florida Shores and Beach Association would be conducting its next meeting in Indialantic on April 7 , 1993 . Mr. Porter spoke briefly regarding his opinions concerning Mr. Abbott as a Councilmember. There was further discussion among Councilmembers regarding Mr. Abbott's recent behavior as a Councilmember. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 1993 Page 7 Mrs. Calvert suggested combining the next workshop and regular Council meeting due to invitations Councilmembers and City staff had received. Council concurred that the meeting of April 20, 1993 , would be a combined workshop and regular meeting. There being no further business, the meeting adjourned at 8 :47 P.M. Approved this 20th day of April , 1993 . Low J Salamone, MAYOR U ATTEST: -....-- C)-SK901-114-0--1-c__ '" aith 'G Miller, Y CLERK Y f..> • . 4'.