Loading...
HomeMy WebLinkAbout04-20-1993 Workshop and Regular CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING April 20, 1993 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on April 20, 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 April 6, 1993 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of April 6, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. PROCLAMATIONS: 1. Law Week - April 26 - April 30, 1993 ; Law Day - May 1, 1993 . Mayor Salamone read the proclamation and presented it to Mr. John Kancilia, City Attorney. Mr. Kancilia spoke briefly regarding the complexities of the United States' legal system. 2 . National Cancer Survivor's Day - June 6, 1993 . Mayor Salamone read the proclamation and presented it to Ms. Brita Newcomer. Ms. Newcomer thanked the City for its support and stated that there would be a celebration of National Cancer Survivor's Day at Cocoa Beach Country Club on June 6, 1993 , from 2 : 00 to 5: 00 P.M. PUBLIC HEARINGS: 1. Ordinance No. 07-93 , Amending City's Code of Ordinances, by Repealing and Reenacting Chapter 610, Abandoned Property, for second and final 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 Combined Workshop & Regular Meeting April 20, 1993 Page 2 Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 07-93 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. 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 second and final 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. Porter, seconded by Mrs. Calvert to adopt Ordinance No. 08-93 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. Discussion & Motion Re: Quarterly Financial Report and Request for Budget Transfers. Motion by Mr. Randels, seconded by Mr. Porter to approve the Finance Director's request for line-to-line budget transfers as presented. Mr. Randels spoke in favor of the transfers and Council complimented Ms. Haggerty for her work in preparing the budget transfers. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Discussion Re: Budget Goal Setting for FY 93/94 . Item discussed later in the meeting. 3 . Discussion & Motion Re: Approval of Appraisals for Wetland Property. Mr. Boucher explained that Chip Swindell had proposed a new wetlands site. He stated that Hartman & Associates had surveyed the property and prepared a legal description. He stated that two appraisals were required for this type of purchase and he recommended that the City utilize Hanson Appraisal Service ($2 , 500) and Houha Associates ($5, 500) to prepare the appraisals. He asked that both appraisals be submitted to the City by May 5, 1993 . Mrs. Calvert felt that the Army Corp of Engineers should complete an inspection for wetlands prior to an appraisal of the property. Mr. Boucher stated that Mr. Swindell had written to the Army Corp of Engineers requesting an inspection of the site. There was further discussion regarding the inspection. Council concurred to change the response date for the appraisals to May 15, 1993 . City of Cape Canaveral, Florida Combined Workshop & Regular Meeting April 20, 1993 Page 3 Motion by Mr. Randels, seconded by Mrs. Calvert to accept the City Manager's recommendation to select Hanson Appraisal Service ($2 , 500) and Houha Associates ($5, 500) for appraisals of the wetlands property. Mr. Richard Dempsey, 223 Columbia Drive #221, suggested that the City should resubmit the bids and he explained his reasons for same. There was further discussion regarding the disparity of the two lower figures as compared to the $27 , 000 quote received from the firm of Matonis, MacDermott, DeRango, Sorich & Company. Mr. Dempsey questioned why the City wanted to purchase the property and Mr. Porter briefly explained the wetlands project. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Discussion & Motion Re: Selection of Bond Counsel. Mr. Boucher stated that the City Attorney had solicited proposals from three bond counsel firms and recommended the selection of Holland & Knight to act as legal advisor to the City for the issuance of debt using revenue bonds for the wastewater/wetlands project. Motion by Mr. Randels, seconded by Mrs. Calvert to approve the selection of Holland & Knight as the bond counsel. Mayor Salamone questioned the out-of-pocket expenses not included in the minimum fee of $21, 000 for Holland & Knight. Mr. Boucher stated that out-of-pocket expenses included travel, fax service, phones, etc. Mr. Kancilia explained that Council would be granting authority to enter into negotiations with Holland & Knight and out- of-pocket expenses would be capped at an agreed limit. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Discussion & Motion Re: Approval of Summer Internship Program. Mr. Boucher explained the proposed summer internship program at a cost of $780. 00 for twelve weeks. Motion by Mr. Randels, seconded by Mr. Porter to approve the summer internship program for up to sixteen (16) weeks. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 6. Discussion & Motion Re: Request for Expenditures of Contraband Forfeiture Proceeds in the Amount of $7 , 700. 00. Mr. Boucher advised that the Sheriff's Department had requested approval for the expenditure of contraband forfeiture proceeds from the special law enforcement trust fund in the amount of $7, 700. 00 for technical equipment. He stated that the funds would be used to outfit a patrol car with a police radio, two sirens for the unmarked units, and recording equipment for the interview room. Motion by Mr. Randels, seconded by Mr. Porter to approve the Sheriff Department's request for expenditure of the contraband forfeiture proceeds in the amount of $7 , 700 . 00 as provided for by law. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting April 20, 1993 Page 4 7 . Discussion & Motion Re: Contract with Brevard County for Lifeguard Services. Mr. Boucher explained the proposed agreement with Brevard County for lifeguard services for the summer. He stated that the cost of $8, 868 . 00 was $1, 267 . 00 less than anticipated. He stated that Mr. Jack Mason, Brevard County, was present to address any questions. Mr. Mason stated that a clarification was needed on page two of the contract to change "seven days per week" to "weekdays" . Motion by Mr. Randels, seconded by Mr. Porter to approve the proposed contract with Brevard County Recreation Department to provide lifeguard service during the summer for a total of $8 , 868 . 00. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 8 . Discussion & Motion Re: Official Visit to Cape Canaveral by Officials from Kloten/Zuerich, Switzerland. Mr. Boucher explained that the Mayor of Kloten/Zuerich would be visiting the City on May 15-17 , 1993 and had requested an official visit to the City. Mayor Salamone stated that she had requested an itinerary from the Mayor which had not been received. Mrs. Calvert questioned why Mr. Saurenmann had informed the City of an official visit by the Mayor of Kloten/Zuerich. She felt that notice of an official visit should be forthcoming from the Mayor of Kloten himself and that official channels should be followed. Mr. Boucher explained that there were no funds budgeted to cover sister city expenses. Mr. Dempsey questioned the sister city program. Mr. Porter suggested delaying action on this item until the City received an official itinerary from the Mayor of Kloten. Council concurred. 9 . Discussion & Motion Re: Resolution No. 93-07 , Establishing a New Schedule of Rates for Sewer Service. Mayor Salamone read the title of the Resolution. A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 93-07 . Mayor Salamone stated that she had a problem with the proposed resolution. She felt that a new rate schedule would not be implemented until Council knew when the sewer rates were to be raised due to the wastewater expansion program. She did not feel that the rates should be increased twice during one year. There was further discussion among Council and Ms. Haggerty regarding the increase of sewer rates for cost of living adjustments and/or the wastewater expansion program. Motion by Mrs. Calvert, seconded by Mr. Porter to table the resolution. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert,, For; Councilman Randels,, For. A ten-minute break was taken at this time, after which the meeting reconvened. 2 . Discussion Re: Budget Goal Setting for FY 93/94 . Ms. Haggerty stated that she had asked Council for feedback on the interdepartmental funds, special trust funds, and special revenue funds. Mayor Salamone spoke briefly regarding the City of Cape Canaveral, Florida Combined Workshop & Regular Meeting April 20, 1993 Page 5 projected utility tax increase and the estimated revenue share that the City may receive from the proposed five cent gas tax increase. Ms. Haggerty stated that if the five cent gas tax was approved, the revenue of approximately $140, 277 would offset the proposed utility tax rate increase with a revenue of $85, 000, thus making the utility tax increase unnecessary. Mayor Salamone asked Mr. Randels to poll the other Brevard city officials for their feelings regarding the proposed gas tax. She asked that discussion regarding the gas tax be scheduled at the next workshop. Mayor Salamone stated that she would be pushing for approval of capital improvement items this year. She also wanted street lighting within the City improved. She asked that the City consider fair and equitable salary increases during budget preparations. 10. Discussion Re: Wastewater Project Update. Mr. Boucher stated that he had received a draft copy of the preliminary design report from Hartman & Associates and he asked that Council schedule the next workshop meeting on April 29, 1993 , to begin at 7 : 00 P.M. to allow Hartman & Associates the opportunity to explain the report to Council. Council concurred. 11. Monthly Activity Reports. No comments. 12 . City Manager's Report. Mr. Boucher advised that he had attended a three-day National Hurricane Conference in Orlando and he reviewed the information he had gained from the conference. He stated that within the next month he would be meeting with the Fire Chief and department heads to review the City's Emergency Disaster Plan. DISCUSSION: 1. Mrs. Calvert stated that she would like to see the roofing ordinance updated to disallow the use of staples to secure roof shingles. Council concurred to schedule discussion of the ordinance for the next workshop. 2 . Mr. Kancilia spoke briefly regarding the Jennings vs. Dade County case and he stated that the decisions of a Planning & Zoning Board were quasi-judicial in nature and the court held that members of the Planning & Zoning Board were not to be lobbied by private citizens in order to reach their decision. He stated that the Council also rendered many decisions which were quasi-judicial in nature and many of their constituents may be seeking to influence Council's decisions in City matters. He stated that in matters that were purely legislative in character, constituents could lobby Council and Council could discuss the issues with its constituents. In cases where a Councilmember may be unsure of whether or not a matter discussed with a citizen was quasi-judicial or legislative, he advised Council to contact him for guidance. 3 . Mrs. Calvert questioned whether or not Mr. Kancilia had obtained information relative to the revision of Council's rules of procedures. Mr. Kancilia advised that he had been unable to locate any standards of conduct manuals being utilized by other cities within Brevard County. Mrs. Calvert questioned whether or not Council could enact its own rules of procedure such as if one Councilmember was invited to City of Cape Canaveral, Florida Combined Workshop & Regular Meeting April 20, 1993 Page 6 speak before a group that other Councilmembers should be informed or that if one person was singled out to speak that the one person did not speak on behalf of the entire City Council. Mr. Kancilia stated that the Council could establish standards of conduct which regulate the conduct of Councilmembers within the Council Chambers, but any time that any governmental entity attempted to regulate speech, that governmental entity would be fairly restricted. He stated that one of the most protected constitutional rights was that of free speech. He stated that Council could not mandate what Councilmembers said outside of the Chambers as a general principal. He stated that ethics rules regulated certain conducts of elected officials. He stated that the entire subject deserved further research. Mr. Porter expressed his opinion regarding Councilman Abbott. There was further discussion regarding the Jennings case and quasi- judicial matters. Mr. Kancilia stated that he wanted to invite Mr. Paul Googleman to a Council meeting to further explain the restrictions imposed on Councilmembers relative to the Snyder vs. Brevard County case and the Jennings vs. Dade County case. 4 . Mr. Boucher introduced Mr. Michael G. Gluskin, as the City's new Public Works Director. Mr. Gluskin briefly described his educational and employment background. 5 . Mayor Salamone read a letter from Helen Ward Meyers, dated April 20, 1993 , regarding questions directed to Mr. Abbott. She asked that the letter be included on the next workshop agenda. Mrs. Calvert suggested that Ms. Haggerty prepare figures on the cost to the City to defend the City's antenna ordinance against Mr. Abbott's lawsuit. 6 . Mr. Porter spoke briefly regarding his opinion about Councilman Abbott and expressed his concern regarding the copies of records that Mr. Abbott had requested from City staff. He stated that he was extremely distressed about the amount of time and funds that the City staff and Council had spent in order to answer Mr. Abbott's concerns. He expressed his feelings regarding what he felt Mr. & Mrs. Hutchinson were attempting to do to the City. Mrs. Jenkins questioned the number of consecutive meetings Councilmembers could miss and Mayor Salamone responded that Council was aware of the number of meetings missed by other Councilmembers. 7 . Mr. Randels stated that Mr. Gene Silkey of Royal Mansions wished to sponsor an additional median in the City and was willing to give the City $600. 00 per year for maintenance of the median. Mrs. Helen Filkins questioned the legality of receiving funds from Royal Mansions since the City was currently involved in a lawsuit against Royal Mansions. Mr. Kancilia stated that it was not uncommon for cities to accept donations from businesses in order to construct public improvements. He stated that the use to which the property was being put conflicted with City ordinances; however, that business was not per say illegal. He stated that the City was well aware that Royal Mansions was being utilized as a hotel in contravention of the ordinances, but Mr. Silkey could not utilize the donation of the median as evidence that the City was accepting the use of Royal Mansion as a hotel in violation of the ordinances. Mr. Randels stated that the Beautification Board had expressed concern over the present condition of the entrance sign at the north end of the City on AlA. He stated that the Board wanted to make the sign their next beautification project. Mr. Randels stated that BCC would be sponsoring a three-day Institute for Elected Municipal Officials in May and he encouraged City of Cape Canaveral, Florida Combined Workshop & Regular Meeting April 20, 1993 Page 7 Council's attendance at the Institute. Mr. Randels spoke regarding a potential EPA grant entitled the "Near Coastal Waters Program" and he felt that the City met all of the criteria to apply for the grant. Mr. Randels questioned the status of the sewage discharge violation with Lambert Seafoods and Mr. Boucher advised that they had contracted with a local engineer to determine how to pretreat the sewage prior to it being discharged into the City's sewer system. Mr. Porter stated that Mr. Bob Westrick, Dean of the Brevard Campus of the University of Central Florida, was resigning and leaving the area and he felt that Council should do a resolution or letter of thanks. Council concurred to send a letter. There being no further business, the meeting adjourned at 9 : 37 P.M. Approved this 4th day of MAY , 1993 . • Jo; C Salamone, MAYOR ATTEST: I nt /i do." ' 67 ai h G. filler, CLERK