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HomeMy WebLinkAbout08-17-1993 CITY COUNCIL REGULAR MEETING August 17 , 1993 A Regular Meeting of the Cape Canaveral City Council was held on August 17, 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 Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present (Late) Councilmember Arthur Berger Present Councilmember Joan Calvert Present Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of August 3 , 1993 . Motion by Mrs. Calvert, seconded by Mr. Berger to approve the minutes of the Regular Meeting of August 3 , 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For. PUBLIC HEARINGS: 1. Ordinance No. 23-93 , Repealing and Re-enacting Section 271 . 04 of the City Code of Ordinances to amend the commencement of workshop meetings of the City Council, 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 SECTION 271. 04 OF THE CITY CODE OF ORDINANCES TO AMEND THE COMMENCEMENT OF WORKSHOP MEETINGS OF THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Berger to approve Ordinance No. 23-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For. 2 . Ordinance No. 24-93 , Repealing and Re-enacting Section 271. 02 of the City Code of Ordinances to amend the commencement of regular meetings of the City Council, 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 271. 02 OF THE CITY CODE OF ORDINANCES TO AMEND THE COMMENCEMENT OF REGULAR MEETINGS OF THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Berger to approve Ordinance No. 24-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For. NEW BUSINESS: 1. Motion Re: Authorization to proceed with the design of the wetlands project. Motion by Mayor Salamone, seconded by Mr. Berger to accept Option No. 3 as presented to Council at the workshop meeting held on City of Cape Canaveral, Florida City Council Regular Meeting August 17, 1993 Page 2 August 12 , 1993 , for 1. 8 mgd and to proceed with the design of the wetlands project. Mrs. Calvert stated that she felt by taking Option No. 3 , there would be no incentive for the Port to make a decision because the 41 acres would be available to accommodate them. She also felt that the City was losing its justification for the $600, 000 spread that the City and the Port were currently apart on the up front cost. She stated that the only way to bring the Port to the table was by selecting Option No. 1. Mayor Salamone spoke in favor of Option No. 3 and she felt it was in the City's best interests to proceed with 1. 8 mgd. Mr. Porter arrived at the meeting at this time. Mr. Boucher stated that Mr. Swindell had given him a ten-year schedule of projected operation and maintenance costs of the wetlands. He stated that for the first three years, the cost was projected at $70, 000 per year, fourth year - $55, 000, fifth and sixth years - $34 , 000 a year, and from seven to ten years - $40, 000 per year. Mr. Chip Swindell, Ecotech, Inc. , explained the details of the projected operation and maintenance costs. Mrs. Calvert questioned the number of successful wetland treatment projects within the State at the present time. Mr. Swindell stated that there were at least three (3) large plants and six (6) small projects. Mrs. Calvert questioned the failure of the wetlands at Disney. Mr. Swindell explained that there were two plants at Disney. He stated that the first wetland at Disney did not fail; it was a natural forced wetland that burned off and there was no internal control associated with it; he stated that during the spring rainy season there was a periodic flushing of the system which was typical for any natural system. Disney was attempting to corral a natural forced wetland and they were allowing it to react to nature on its own. Mr. Swindell stated that Disney's second wetland appeared to fail up front because it was started in a pine forest and he further explained the details of the Disney wetlands. Mrs. Mary Winchester questioned what the three (3) options entailed and Mr. Swindell briefly described each of the wetland options. Mayor Salamone explained her reasoning for selecting Option No. 3 . She stated that three (3) years ago, Mr. Arabian had presented the City with the wetlands plan including 44 acres and Option No. 3 was the closest to the Arabian Plan and was the best option for the City. Mr. Don Arabian stated that the City itself only needed 1. 5 mgd, however, Option No. 3 was the cheapest option for the taxpayer in the long term. Discussion followed regarding the options available for negotiations with the Port with the selection of Option No. 3 . Mr. Swindell stated that the City had to deal with the Port until the year 2000 anyway. He stated that the 1. 8 mgd option offered considerably more buffer to protect the City's interests. He explained that the 1. 8 mgd option gave the City maximum protection and could be viewed as an insurance policy. He felt that regardless of what happened with the Port, to the best of his judgement, Option No. 3 offered the best solution for the City. Mrs. Calvert explained that her concerns were from a financial standpoint, and that it was not an emotional issue. She wanted the Port to pay its fair share and recognize that the additional acreage was because the Port was involved. Mr. Porter stated that if the City decided to select the 1. 5 mgd plan and then in the next few years the Port decided to come into the system, the plant would not be able to accommodate the Port City of Cape Canaveral, Florida City Council Regular Meeting August 17, 1993 Page 3 with the 1. 5 mgd plan. He stated that the Council needed to lay ground rules for the Port and he suggested advising the Port that the price today was $2 . 3 million and in the six months the price would increase to $2 .4 million, etc. Mrs. Calvert stated that if the City chose the 1. 5 mgd, after the year 2000, the City would not have to accommodate the Port because the capacity would not be available. Discussion continued regarding the 1. 5 and 1. 8 mgd options. Mr. Porter stated that Option No. 3 was in the best interests of the City and he felt that the City also needed to send the message to the Port that the City was serious and their decision was needed regarding whether or not the Port would remain with the City's treatment plant. He stated that the City's consultants felt that Option No. 3 was the best option. Mr. Leo Nicholas questioned how fixed were the boundaries of the land described in the options. Mr. Swindell stated that the City was willing to work with the property owner and that the drawings were conceptual and that the schematics were not to be confused with the final plan. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Berger For Councilwoman Calvert Against 2 . Motion Re: Approval of the beach access easement for Mr. James A. Devlin. Motion by Mr. Porter, seconded by Mr. Berger to approve the beach access easement for Mr. James A. Devlin. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For. 3 . City Manager's Report. Mr. Boucher stated that the Port's Commission meeting was scheduled for the next day and he questioned if Council wanted him to contact the Port to reiterate the City's position regarding the 1.8 mgd configuration and the $2 . 3 million up front figures. Mayor Salamone stated that any fine imposed because of the flow from the Port would be paid by the Port. She stated that there were other items included in the wholesale agreement which were in the best interests of the City and needed to be addressed with the Port. Mr. Boucher stated that he could tell the Port that the City had considered the Port's counteroffer but the City's initial offer of $2 . 3 million still stood. Mayor Salamone stated that payment of the $2 . 3 million was not an automatic extensive of the agreement. fir• Mr. Arabian stated that the pre-treatment requirement at the Port's expense was a very important item that needed to be included in any agreement with the Port. Mayor Salamone stated that last month the Port had voted to remain with the City's system, but the Port had not agreed with the City's cost. There was discussion regarding what type of time limit should be imposed on the Port for its decision. Mayor Salamone stated that she agreed with Mr. Porter's idea of the required up front money of $2 . 3 million increasing by $100, 000 each month that the Port did not make its decision. She stated that no matter what pre-treatment of the Port's sewage would be required. Discussion followed regarding the suggestion of increasing the up front money each month. City of Cape Canaveral, Florida City Council Regular Meeting August 17 , 1993 Page 4 Mr. Berger suggested telling the Port that the $1. 6 offer was unacceptable and the City was still looking for $2 . 3 million. Mr. Porter stated that the City should also advise the Port that Council would be interested in the price increasing as time went on. Mayor Salamone stated that the City would stick to $2 . 3 million and pre-treatment at the present time. DISCUSSION: 1. Mr. Kancilia advised that Council had been given copies of his litigation report and he briefed Council on several of the items contained in the report. He stated that the trial of Abbott vs. the City of Cape Canaveral was scheduled for September 1, 1993 . He advised that the matter was on a trailing docket and that non-jury trials were scheduled after jury trials so the trial date may be much later than September 1st. He stated that the City's motion for summary judgement would be heard on August 19th. The plaintiff had not filed a motion for summary judgement which meant that the case may be settled favorably for the City prior to trial, but it could not be settled favorably for Mr. Abbott prior to trial. Mr. Kancilia stated that the Cape Winds case was recently dismissed for lack of prosecution. He stated that the City had received a verdict in the Milliken case and the time for appeal had expired. He stated that the court found in the Royal Mansions case that the condominium owners constituted a class and could have their rights adjudicated in this action. The court's determination of the class had been appealed by counsel for Royal Mansions. Many of the individual condominium association owners were allowed to opt out of the class which meant that when the City obtained a judgement in the case, it would not be binding against the condominium owners. In order to enforce the no renting rule against the condominium owners, the City would have to bring Code Enforcement action against individual owners. He wanted to schedule a meeting with Michael Driscoll, Code Enforcement Attorney, to discuss what it would require to sue the individual owners. Mr. Kancilia stated that the class action case against the U.S. Army Corps of Engineers had been dismissed because the trial judge held that the statute of limitations had begun running in 1978 and had therefore expired. The case was being appealed. Mr. Kancilia questioned if Council had received the letter regarding Cape Sierra. Mayor Salamone explained that the City had received a letter from an attorney for individuals who planned to open Cape Sierra as an adult entertainment center. She stated that the City was not looking for this type of establishment within the community. There being no further business, the meeting adjourned at 8 : 25 P.M. Approved this 7th day of September , 1993 . Jo (C. Salamone, MAYOR ATTEST: r, / aith G. Mille , CITY CLERK