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HomeMy WebLinkAbout09-07-1993 CITY COUNCIL REGULAR MEETING September 7 , 1993 A Regular Meeting of the Cape Canaveral City Council was held on September 7 , 1993 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 00 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 August 17, 1993 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of August 17 , 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. 2 . Special Meeting of August 24 , 1993 . Motion by Mrs. Calvert, seconded by Mr. Porter to approve the minutes of the Special Meeting of August 24, 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. Motion by Mr. Porter, seconded by Mr. Randels to add approval of the minutes of the Special Meeting of September 2 , 1993 to 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. 3 . Special Meeting of September 2 , 1993 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Special Meeting of September 2 , 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. PROCLAMATIONS: 1. Commodore John Barry Day - September 13 , 1993 . Mayor Salamone read the proclamation and presented it to Mr. Frances Harrington, of the Ancient Order of Hibernians, Mr. Harrington thanked Council for the proclamation and invited Council to attend a ceremony in commemoration of Commodore John Barry Day at Jetty Park at 11: 00 A.M. on Saturday, September 11, 1993 . NEW BUSINESS: 1. Motion Re: Tennis and racquetball court fee increases. Motion by Mr. Porter, seconded by Mr. Randels to accept the recommendation of the proposed increases for the tennis and racquetball court fees. Mr. Randels spoke in favor of the City of Cape Canaveral, Florida City Council Regular Meeting September 7 , 1993 Page 2 increases. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Discussion Re: Emergency purchase - Replacement Digester Floating Aerator for the Wastewater Treatment Plant. Mr. Boucher explained that the aerator motor on a digester at the Wastewater Treatment Plant had broken and could not be repaired, so the emergency purchase of the aerator at a cost of $5, 868 was necessary. Motion by Mr. Porter, seconded by Mr. Randels for retroactive approval of the cost of the replacement aerator motor. Mrs. Calvert stated that the funds were available in the capital equipment fund. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger„ For; Councilwoman Calvert, For; Councilman Randels, For. 3 . Motion Re: Contract for attorney services for FY 93/94 . Motion by Mr. Randels, seconded by Mr. Porter to approve the legal services contract for FY 93/94 as presented to Council from the firm of Reinman, Harrell, Graham, Mitchell & Wattwood, P.A. Mr. Randels stated that the attorney fees were the same as the previous year and the fees represented actual payment for services rendered, not retainer fees. Mr. Porter stated that he was extremely pleased with Mr. Kancilia's services to the City and Mayor Salamone thanked Mr. Kancilia for keeping the fees at the same rate as the previous year. 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 . Resolution No. 93-25, Reappointing member to the Planning and Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to approve Resolution No. 93-25 reappointing Beatrice McNeely as an alternate member of the Planning and Zoning Board. Mr. Porter expressed his feelings regarding Mr. Russell not continuing as Chairman of the Planning and Zoning Board. Mayor Salamone stated that Mr. Russell's last meeting would be September 8, 1993 , and she asked that all Councilmembers attend the meeting for a presentation to recognize Mr. Russell for his efforts on the Board. 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. 93-26, Authorizing the Mayor to enter into an agreement with the Brevard County Sheriff's Department. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE City of Cape Canaveral, Florida City Council Regular Meeting September 7 , 1993 Page 3 MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to approve Resolution No. 93-26 accepting the contract with the Brevard County Sheriff's Department for municipal police services. Mr. Randels spoke in favor of the contract. Mayor Salamone stated that there was a typographical error on page 9 of the contract, the last word on the page needed to be changed from "one" to "two" . She stated that the contract was for $981, 800. 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. Resolution No. 93-27 , Authorizing the Mayor to enter into an agreement with the Cape Canaveral Volunteer Fire Department. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. ; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to approve Resolution No. 93-27 as amended in paragraph nine to enter into an agreement with the Cape Canaveral Volunteer Fire Department (CCVFD) for fire protection and emergency medical services. Mayor Salamone stated that the amendment provided for the revision of the base contract price so that during FY 93/94, the CCVFD would provide fire inspection services for the City. Mr. Kancilia advised that he would continue to represent the City's interests in any code enforcement violations that became apparent during fire inspections. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 7 . Ordinance No. 29-93 , Amending Chapter 685, Parking Regulations, Section 685 . 06, Penalties to revise the amounts charged for parking violations, for first 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 AMOUNTS CHARGED FOR PARKING VIOLATIONS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to approve Ordinance No. 29-93 at first reading. There was discussion regarding the parking fines for parking on sidewalks or on the ocean dunes. There was a typographical error in which the fines for parking on sidewalks or ocean dunes had been switched. Motion by Mr. Porter, seconded by Mrs. Calvert to amend the Ordinance to provide fines of $100. 00 for parking on the ocean dunes and $25. 00 for parking on sidewalks. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting September 7 , 1993 Page 4 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. 8 . Ordinance No. 30-93 , Amending Chapter 671, Sewer Service, Section 671 . 09 , Septic Tank, to allow for temporary septic tanks, 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 SECTION 671. 09 OF THE CITY CODE OF ORDINANCES BY PERMITTING THE INSTALLATION OF SEWER TANKS IN THE EVENT THE CITY SEWER SERVICE IS NOT AVAILABLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Ordinance No. 30-93 at first reading. Mayor Salamone questioned whether or not a time frame should be included for connection to the City's sewer system when sewer became available. There was general discussion regarding whether to use a 60 or 90 day time frame for sewer hookup. Mr. Berger asked if there was anything the City could do to expedite the readings of the Ordinance and whether or not the City could stabilize the future impact fee for this developer since he would be required to hookup to City sewer once it became available. Mrs. Calvert agreed that the impact fee should be locked in at today's cost for the developer. Mayor Salamone felt that the impact to the sewer system was at the time of connection and the impact fee should be imposed upon hookup to the sewer system. Mr. Berger felt that the impact fee should be based on the date the septic tank permit was issued and he questioned whether or not a building permit could be issued to the developer prior to the adoption of the ordinance. Mr. Kancilia stated that until the subject ordinance became law, the septic tank was not authorized. Mr. Kancilia stated that usually the sewer permit and building permit were issued at the same time, but if the City were to allow septic tanks in certain instances, then the permits would be issued at different times. He stated that now the City would be separating the building permit and sewer permit and it was Council's decision to decide when the determination of the impact fee should be made. Mr. Berger felt that there was a potential problem with this situation and that the payment of sewer assessments should be cleared up and understandable to the general public. Mr. Kancilia stated that the next ordinance on the agenda provided that the impact fee would be determined at the time the sewer permit was issued. Motion by Mayor Salamone, seconded by Mr. Porter to amend the ordinance to add a time frame of "within 60 days" for hookup to the City's sewer system once it became available. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, 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. 9 . Ordinance No. 31-93 , Amending Chapter 535, Sewer Impact Assessment, Section 535. 02 , Payment of Assessments, for first reading. City of Cape Canaveral, Florida City Council Regular Meeting September 7 , 1993 Page 5 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND RE-ENACTING SECTION 535. 02 OF THE CITY CODE OF ORDINANCES BY CLARIFYING THE TIME AT WHICH SEWER IMPACT ASSESSMENT AMOUNT IS TO BE DETERMINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to approve Ordinance No. 31-93 at first reading. Mr. Kancilia explained that previously the ordinance provided that the sewer assessments would be payable prior to the issuance of a sewer permit and/or building permit. He stated that the amount of the sewer impact fee assessment shall be determined in accordance with the rate schedule in effect at the time a sewer permit was issued by the City. He stated that a sewer permit would not be issued until a City sewer main line was placed within 150' of the applicant's property. Mr. Kancilia stated that if City sewer was available to the applicant's property, then the two permits (building and sewer) would be issued at the same time. Mr. Berger stated that a developer could encounter problems with funding if sewer assessments were outstanding due to the use of temporary septic tanks. Mayor Salamone stated that impact fees were for the good of the City and were for the future due to the growth and development that occurs in the City. She felt that impact fees were to be paid when the developer hooked up to the sewer system. There was extensive discussion regarding whether or not impact fees should be imposed at the time of hook-up or provide an option for a developer to pay the impact fees at the time of installing a temporary septic tank. Mr. Kancilia stated that he would be reluctant to revise the ordinance to require an owner to pay a sewer impact fee at the time he obtained a building permit if the owner was also installing a temporary septic tank. He stated that the impact fee was an assessment made to defray the cost of that person hooking on to the system, therefore if the owner was installing a septic tank and the City required payment of the impact fees, it would be charging the owner for a service that the City was not providing. Mr. Kancilia stated that it would be worthwhile to offer the property owner an option to buy the sewer impact today or buy it later. Mr. Porter stated that he did not agree with the concept of not providing the service today because the City would be reserving capacity for that property owner. Mayor Salamone stated that the revision to the ordinance was not written specifically for Purcell's Distributors, but provisions were written to clearly define when the assessment was to be paid. She stated that Mr. Kancilia could review, prior to the second reading of the ordinance, the inclusion of option wording for payment of the sewer impact fee in advance only when the owner was required to install a septic tank due to the unavailability of City sewer. The ordinance would be discussed again at the next Council workshop meeting scheduled for September 16th prior to its second reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 10. Discussion Re: Brevard County Charter meeting - October 8 , 1993 . City of Cape Canaveral, Florida City Council Regular Meeting September 7 , 1993 Page 6 Mayor Salamone stated that Councilmembers would be presenting their views independently, not as a group regarding the Brevard County Charter. 11. City Manager's Report. Mr. Boucher thanked the Public Works Department for its work in securing the Tourist Development Council (TDC) beach grant to help repair the beach crossovers in the amount of $5, 340. Mayor Salamone advised that the first public hearing on the budget for FY 93/94 was scheduled for Monday, September 13th, at 6: 30 P.M. DISCUSSION: 1. Mr. Kancilia advised that the case of Robert Abbott vs. the City of Cape Canaveral was presently being tried in United States District Court in Orlando. He stated that the case should conclude the next day and it was suspected that the judge would take the matter under advisement and render a decision within approximately 30 days. He had good feelings regarding the progress of the case and he mentioned that a number of Mr. Abbott's attorney's questions were deemed irrelevant by the judge. 2 . Mr. Randels stated that he had spoken to Dr. Morrell and he explained that Dr. Morrell's main concern was that he wanted nothing to reflect that the tree incident was a violation of City codes. He stated that Dr. Morrell had not planted the bush and Dr. Morrell did not want the planting of the bush to reflect as an admission of guilt on his part. Mayor Salamone asked the City Manager to write a letter expressing that Dr. Morrell was in violation of the City codes by removing the bush, specify the Code, once the bush was planted he would no longer be in violation of the Code, and give him a deadline of September 13th to plant the bush. 3 . Mayor Salamone stated that she had received a letter from Mr. Dick Benson, 313 Central Boulevard, regarding the number of peacocks in the City. She stated that Mr. Benson had also stated that the Radisson was raising peacocks and asked that the City staff investigate the matter. She also asked that the Animal Control Officer research the peacock population in the area of Central Boulevard to determine whether or not something could be done to reduce the number of peacocks in the area. There being no further business, the meeting adjourned at 8 : 17 P.M. Approved this 21st day of September 1993 . I ! a&Sa.--rnk-AID-7—e CyF 14\ Jo C Salamone, MAYOR k4 +f, - ATTEST:' ,:,..e /m Faith G. Miller, CITY . LERK