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HomeMy WebLinkAbout07-20-1993 CITY COUNCIL REGULAR MEETING July 20, 1993 A Regular Meeting of the Cape Canaveral City Council was held on July 20, 1993 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6: 32 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present 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 July 6, 1993 . Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular Meeting of July 6, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: Mayor Salamone advised that Item No. 3 would be moved forward on the agenda for discussion at this time. 3 . Discussion with Burton & Associates re: Canaveral Port Authority's participation in the wetland/wastewater expansion project. Mr. Michael Burton, Burton & Associates, explained the alternatives discussed with Port Authority staff regarding the Port's participation in the wetland/wastewater expansion project. He stated that his firm's original recommendation had been to enact a wholesale relationship with the Port which included an extensive rate analysis of the wholesale rates. He stated that a compromise alternative had been discussed which allowed for the Port's tenants to remain as retail sewer customers of the City and the Port on behalf of those customers within its service area paid the City an up front fee to reserve capacity for future customers. Mr. Burton outlined the specifics of the compromise alternative. He explained that the current average rate per billable unit was $12 . 95 per month. In 1994 if the current agreement with the Port remained in effect and the City continued its expansion of the plant, the rate would increase to $14 . 96 (15. 5% increase) . If the Port stayed a retail customer with a contribution of $2 , 570, 928 for 250, 000 gpd of reserve capacity, it would impact the capital funding scenario to the extent that a rate increase would not be needed in 1994 . He stated that of the rates described in the alternatives would increase by 20% in the second year of the rate plan (1995) . Mr. Burton stated that the City's wastewater rates were extremely low compared to the County and throughout the State. If the Port built its own wastewater treatment plant, the City's sewer rates would increase from $12 . 95 to $17 . 37 (34% increase) . Mr. Burton stated that the City had instituted impact fees in the mid-1970s and there were a number of Port customers that were on the City's sewer system prior to the implementation of impact fees who should be grandfathered into the system and not be required to City of Cape Canaveral, Florida City Council Regular Meeting July 20, 1993 Page 2 pay the new impact fees. He stated that the compromise solution provided for an up front fee of $2 , 372 , 000. Mr. Burton stated that the Port had advised that it did not need 250, 000 gpd capacity; it only needed 125, 000 gpd capacity. He further explained the calculations based on the Port's suggested buildout capacity of 125, 000 gpd as compared to the 250, 000 gpd figure. There was further discussion regarding the amount of sewer treatment capacity needed for the Port. Mr. Burton explained that he had proposed a partnership agreement which provided that the Port pay up front fees for the 125, 000 gpd capacity at full cost with the additional 125, 000 gpd payable at 50% of the cost. This would net an up front fee of $1. 7 million for a guarantee of a total of 250, 000 gpd. Extensive discussion followed regarding the scenario proposed by Mr. Burton. Mr. Berger stated that the Port was willing to work with the City and pay for 125, 000 gpd capacity even though presently the Port was only utilizing 79 , 000 gpd. He stated that the Port had accepted the fact that its capacity may increase to the 250, 000 gpd in the distant future. The Port did not want to pay for the full capacity up front, because it would be more cost effective for the Port to build their own sewer plant. Mr. Berger explained why the scenario presented by Mr. Burton was a viable compromise. Mayor Salamone stated it was not in the City's best interests to pursue the proposed scenario. Further discussion followed regarding this issue. Mr. Porter expressed his opinion that the City should not compromise on the up front figure of $2 . 5 million to reserve the 250, 000 gpd. He explained the reasons why he felt the City should not compromise including: the City had wanted to get out of the retail business with the Port; if the City went forward on its own with the plant expansion, the plant would never have to be expanded again; and the Port was an industrial and/or commercial center and the City did not have control of the substances that were currently flowing through the sewer system and therefore, was subject to additional regulations through the State's regulatory agencies. Mrs. Calvert stated that the City would not have to purchase as much land for the wetlands if the Port was going to be part of the project. Mr. Porter stated that the size of the wetlands was not determined by whether or not the Port was in on the project. Mr. Boucher explained that the Port's proposed reuse was not a feasible option. Mr. Boucher explained that the Port would be considering the issue of staying with the City's treatment of its wastewater or building its own plant at the next day's Commission meeting. Mayor Salamone stated that the Port staff needed to present its own recommendation to the Commission without the City's input. A ten-minute break was taken at this time, after which the meeting was reconvened. 1. Review of proposed changes to the recodification draft of the City's Code of Ordinances including the City Charter, City Ordinances, Land Development and Zoning Regulations as prepared by Municipal Code Corporation. Mr. Kancilia stated that Council had received a memo from the City Clerk which was a recapitulation of the changes that were discussed at the three Council workshops held in June. He advised that the Attorney General's opinion on the degenderization issue had not City of Cape Canaveral, Florida City Council Regular Meeting July 20, 1993 Page 3 been received as of this date. Ms. Miller suggested that the proofs be returned to Municipal Code at this time with the provision that changes to the Charter be delayed until the Attorney General's opinion had been received. Ms. Miller explained that some of the changes requested by Council to the proofs could not be changed at this time due to the substantial nature of the changes. Such changes would require ordinances which would be added to the first supplement of the Code. Mr. Kancilia explained that it would be more advisable to have substantial changes to the Code enacted by separate ordinances rather than in making the changes on the first set of proofs. He stated that there were no specific procedures within Florida Statutes for adopting Code of Ordinances or for recodification. He advised that the recodification would be enacted as an ordinance. He explained that staff was comfortable with making minor, non- substantive changes in the Code as an editorial matter; but where the changes discussed affected the substance of a particular Code those type of changes should be adopted by subsequent ordinances. Mr. Kancilia explained which items included in the City Clerk's memo dated July 14th would be enacted by ordinances. He asked that the proofs be held until July 30th in the hope that the Attorney General's opinion regarding the Charter would be received by that date. Mayor Salamone expressed her opinion regarding the changes that would not be included in the Code until the first supplement was printed. Mr. Kancilia stated that the Code of Ordinances was a living document and would continually require changes, deletions and/or additions. 2 . Motion Re: Request by John Stilley, Imperial Business Centers, for financing of sewer impact fees. Mr. Boucher stated that Mr. Stilley had paid the $10, 780. 70 that was owed to the City for sewer impact fees. Motion by Mayor Salamone, seconded by Mrs. Calvert to remove the item from the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Motion Re: Quarterly budget transfers. Motion by Mayor Salamone, seconded by Mrs. Calvert to approve the quarterly budget transfers as presented by the City Treasurer. There was discussion regarding costs for the landscaping contract included in the Public Works Department budget. Mr. Boucher advised that the City had a collection debt ratio of less than 1% a year which was extremely good based on the total revenue of the sewer fund. Ms. Deborah Haggerty, City Treasurer, commended her staff for its support in maintaining such a low debt ratio. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Resolution No. 93-21, adopting a tentative proposed millage rate for the levy of ad valorem taxes for 1993 . Mayor Salamone read the title of the Resolution. A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1993 ON ALL TAXABLE PROPERTY LOCATED City of Cape Canaveral, Florida City Council Regular Meeting July 20, 1993 Page 4 WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 93-21. Mayor Salamone read the proposed millage for each fund. She stated that Council could not raise the millage during budget hearings, but the millages could be lowered. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 6 . Discussion Re: City purchase of lot located across from the Recreation Complex. Motion by Mr. Randels to authorize the City Manager to purchase Lot 12 , Block 46, Avon-by-the-Sea, to be used as a passive park for $25, 000. Motion died for lack of a second. Motion by Mayor Salamone, seconded by Mrs. Calvert to authorize the City Manager to go forward with the purchase of Lot 12 , Block 46, Avon-by-the-Sea for $25, 000. Mayor Salamone reminded Council that the funds for the purchase would be appropriated from general fund reserves. Mr. Kancilia asked for an amendment to the motion to provide that the City would pay all the closing costs for the transaction as requested by the seller and as discussed at Council's workshop meeting. Motion by Mr. Porter, seconded by Mr. Randels to amend the motion to provide that the City will pay the closing costs associated with the purchase of the subject lot. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 7 . Motion Re: Release and Settlement Agreement in the DeClue vs. City of Cape Canaveral lawsuit. Mr. Kancilia stated that he had recommended that the wording, "Councilmembers" be added to Section One of the Release and Settlement Agreement and had contact the City's defense counsel, Mr. Weiss regarding the change. He asked Council to approve the form of settlement contingent upon the inclusion of the word, "Councilmembers" in Section One of the agreement. Motion by Mr. Randels, seconded by Mayor Salamone to approve the Release and Settlement Agreement in the DeClue vs. City of Cape Canaveral lawsuit contingent upon the addition of the word "Councilmembers" to Section One of the agreement. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 8 . Motion Re: Land purchase of wetland prosect. Mr. Boucher requested that he be authorized to post notices to purchase the 27 . 95 acres needed for the wetland project at $55, 145 per acre and the 10. 5 acres of riverfront property needed for the project at $98, 010 per acre. He also stated that he needed authorization to obtain two (2) appraisals on the riverfront parcel and that the final purchase price was contingent on the appraisals of the subject property. Mr. Kancilia stated that the 27 . 95 acres City of Cape Canaveral, Florida City Council Regular Meeting July 20, 1993 Page 5 was contingent on the subsequent purchase of then 10. 5 acres as well. Mr. Boucher stated that the per acre prices were subject to negotiations and that posting the thirty day notices did not commit the City to purchase the property. Motion by Mr. Porter, seconded by Mr. Randels to post the thirty (30) day notices to purchase the two parcels of land (27 . 95 and 10. 5 acres) . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Motion by Mayor Salamone, seconded by Mr. Porter to authorize the City Manager to obtain two (2) appraisals on the ten (10) acres of property. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 9 . Monthly Activity Reports. No comments. 10. City Manager's Report. Mr. Boucher asked who would be attending the next day's Port Commission meeting and Mayor Salamone and Mr. Randels would be attending the meeting. Mr. Boucher commended the Public Works' employees for receiving their Red Cross CPR certifications. DISCUSSION: 1. Mr. Kancilia advised that Mr. Michael Roper was the insurance defense counsel for the League of Cities who was defending the City in the case of Robert Abbott vs. City of Cape Canaveral. He stated that Mr. Roper had given him a letter from Mr. Abbott's counsel offering a settlement agreement and he asked that Council call a special closed meeting to discuss the proposed agreement. He stated that a response to the offer was requested by July 26, 1993 . Council concurred to schedule the closed session for Thursday, July 22 , 1993 , at 5: 30 P.M. Mr. Tom Kleving, Building Inspector, asked if he could sit in at the meeting and Mr. Kancilia advised that since Mr. Kleving was a co-defendant in the case he would be allowed to attend the meeting as well. 2 . Mr. Berger stated that at the previous Council meetings, impact fees had been discussed and he felt that Mr. Jim Morgan, Building Official, had done an excellent job and had gotten the City payment for all impact fees that were owed. He stated that every alternation completed by Mr. Stilley would have to be approved by the Building Department via permits and occupational licenses as required. Mr. Morgan stated that he had spoken individually to the Mayor and each Councilmember with the exclusion of Mr. Porter who had been unavailable to meet with him regarding the sewer impact fees assessed to Mr. Stilley. He stated that the some of the statements contained in the workshop minutes of July 17th were not accurate and he was uncomfortable with the minutes remaining as a public document. Mayor Salamone stated that the minutes reflected what had been said at the meeting. She did say that the Council had not had all the facts related to the impact fee issue in front of them at the workshop meeting. There was discussion relative to the City of Cape Canaveral, Florida City Council Regular Meeting July 20, 1993 Page 6 letter dated June 11, 1993 , from the Building Official to Mr. Stilley. Mayor Salamone stated that the City did not have any hold over the developer to pay sewer impact fees when the certificates of occupancy had been issued. Mr. Morgan stated that the City had never been in jeopardy of losing any money on Mr. Stilley's project. Mayor Salamone stated that workshop meeting minutes were not officially adopted by Council and could not be amended, but if Mr. Morgan wanted to address specific comments made at the workshop meeting, then the minutes of the regular meeting would reflect such comments. Mr. Morgan stated that Chapter 535, Sewer Impact Assessment, because of the problems associated with the interpretation of the Chapter. Mr. Morgan stated that basically he would have to disagree with every statement included in the Council workshop minutes of the July 15th meeting. He stated he would put his corrections in writing. There was further discussion regarding the amount of fees paid by Mr. Stilley to date. Mr. Morgan stated that Mr. Stilley will owe the City two more impact fees when he comes back into the City's Building Department. He felt that the Building Department had adequate control over the situation. He stated that Chapter 535 and the resolutions amending the Chapter were still incorrect and Mayor Salamone asked the City Manager to get with the City Attorney to make the necessary corrections to Chapter 535. Mayor Salamone stated that she felt it was unfair for the Building Official to ask for an apology from Council for statements made at the workshop meeting. There was discussion regarding how impact fees were calculated by "facility" or number of "units" . Mr. Morgan referenced past sewer impact fees assessed in which an owner paid only $2 , 110 for a 12- unit building and was only assessed a monthly sewer charge of $60. 50; 27 units with no sewer impact fees at all; and 20 units assessed at a fee of $5, 600 that should have been assessed $28 , 000 with a monthly sewer bill of $52 . 25. Mayor Salamone asked Mr. Boucher to have the Building Department audit past sewer impact fee calculations. Ms. Haggerty stated that Mr. Morgan had not brought the matter of potentially incorrect sewer impact fee charges to her attention. Mayor Salamone stated that the files needed to be audited to determine what sewer impact fees were being paid and bring the charges up-to-date if needed. Ms. Haggerty stated that no determination had been made as to whether or not any miscalculations were actually being made. She asked for the opportunity to further research the matter being discussed with Mr. Morgan. Council concurred. 3 . Mr. Berger questioned the status of the research on the Ocean Woods buffer zone. Mr. Morgan stated that approximately two weeks worth of additional research was needed. He stated that his staff had found that the City had tried to maintain the buffer zones and that there had been errors in the platting on both sides. Mr. Leo Nicholas stated that the buffer zone problems stemmed from surveying errors years ago. 4 . Mayor Salamone stated that Mr. Nicholas and the VFW had been very successful in starting an Adopt-a-Road program on Atlantic Avenue and she thanked them for their support. Mr. Nicholas stated that there had been a good turnout at the dedication ceremony on July 17th 5 . Mrs. Calvert stated that Mr. Morgan had pointed out potential discrepancies in collection of sewer impact fees. She questioned if the City should audit the fees charged to the Port as well. City of Cape Canaveral, Florida City Council Regular Meeting July 20, 1993 Page 7 Mayor Salamone instructed the City Manager to conduct an audit and review possible changes to Chapter 535. 5. Mr. Randels spoke in reference to the levy of a property tax by County Appraiser Jim Ford on the Orlando Utilities Commission facility north of Cocoa. He questioned whether or not Council would support or oppose this issue. Council concurred that it would support Mr. Ford's position. 6 . Mr. Randels stated that the BCC Institute of Government had not been funded and Marilyn Crotty of UCF would attempt to take over some of the programs offered by the Institute. 7 . Mayor Salamone suggested changing the starting time of Council meetings from 7 : 30 p.m. to 6: 30 p.m. Council concurred with the suggestion and she asked Mr. Kancilia to check on the matter. There being no further business, the meeting adjourned at 9 : 12 P.M. Approved this 3rd day of Ang-mst , 1993. �rF.� ritr�• {Itfi / ohn Kter . Por , MAYOR PRO TEM If ATTEST: N.,/ Cz • G/ Faith G. Miller, TY •CLERK