Loading...
HomeMy WebLinkAboutAlchemy AdministratorCITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING July 19, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on July 19, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present Motion by Mr. Nicholas, seconded by Mr. Randels for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Nicholas, seconded by Mr. Porter that the add -on item be entitled discussion re: movement of cement trucks through Harbor Heights for construction. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher advised that Benko Construction, contractor for the ocean Oaks project, had requested a temporary limited access through Harbor Heights for delivery of cement trucks to finish pourings for the entranceways to the project. He had received a letter from Benko Construction outlining the conditions of the request which included a guarantee of safety, cleaning up after the cement trucks, and making any repairs to the roadway if needed after completion of the cement pourings. He introduced Mr. vary Downing as the Ocean oaks' Project Superintendent. Mr. Downing stated that the project was nearing completion and the crews were completing the site work (pouring concrete driveways, curbs, etc.) . He explained that the main access to the site would be cut off in order to place the necessary concrete and that such construction had always been included Within the project's scope. He stated that every attempt would be made to reroute the traffic and that there may be three (3) concrete pours on a large scale on 2 -3 days. He reiterated that Benko Construction was willing to do anything necessary to ensure the safety of the residents as well as maintaining the conditions of the road. Mr. Randels expressed his concerns regarding the possibility of damage to the roadways, safety related problems, extra traffic, and general annoyance to the neighborhood. He stated that at a minimum he wanted to have the subject streets videotaped prior to and after any construction traffic through Harbor Heights to determine the current roadway conditions and the extent of any damage afterwards. He questioned if the trucks could be routed in from Central Avenue; Mr. Downing explained that there was a point at which there would be no alternative but to bring the trucks in from the north .to pour concrete for the main drives. Mr. Downing stated that his company intended to replace any shrubbery or roadway damaged during the transport of the concrete. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 2 Mr. Nicholas advised that he found it hard to believe that the project could not have been planned differently to eliminate the need for the northern access. He further expounded on his reasons for not supporting the use of Harbor Heights streets for the requested construction traffic. Mr. Boucher described the layout of the subject property and the proposed construction traffic route. Mr. Morgan stated that in his research he had been unable to locate anything in the City's Code or the technical codes that would limit or prevent temporary construction access for a construction site. He stated that there was an ordinance on the books that reiterated the requirement that the developer fix any damage incurred to City roads caused by the construction traffic. He commented that ocean Woods was a private right -of -way, whereas Harbor Heights roadways were public right -of -ways. He advised that a courtesy letter advising the residents of the construction traffic had been sent to all residents of the area. There was further discussion regarding other possibilities for achieving the construction access required without traversing through Harbor Heights. The following residents of the Harbor Heights area expressed their concerns against allowing the construction traffic through their subdivision: Mr. Goldberg, Sue Hagan, and Fred Distashio. Mr. Hans Saurenmann suggested using an alternative route near the post office off of Eberwein Road. Mr. Ray McGee stated that the roadways Within Harbor Heights were built prior to the existence of the City and that potentially the roads could not handle a project of this magnitude with potential truck loads of 75,000 lbs. Mrs. Martha Seymour commented that the trucks that had been traversing Central Boulevard for the sand transfer project and the subject construction project were traveling in excess of the posted speed limits. Mr. Randels suggested scheduling a meeting with several of the concerned citizens, the construction manager and City staff to review the situation further. He also encouraged the Building Official to research additional solutions. Mr. Lamar Russell questioned if there was any intent on behalf of the City to extend Ridgewood Boulevard. He commented on the Villages of Seaport and ocean Woods' projects and the private ownership of the roads within both developments. He stated that there were several problems related to Harbor Drive including no sidewalks and safety concerns from traffic from the Circle K and the Mexican cafe across from the entrance to Harbor Heights. Mr. Russell recommended that the Council request that the Planning & Zoning Board include in the traffic element of the City's Comprehensive Plan to extend Ridgewood only when it could be extended the full length all the way to Jetty Park, and not allow extensions on a piece meal basis. Mr. Leonard Focarelli stated that the Ridgewood Avenue extension was in the capital funding portion of the adopted 1988 Comprehensive Plan. He questioned whether or not there was any possibility of pumping or craning the concrete into the Ocean Oaks site. Mr. Downing explained the limits placed on such means of transporting the concrete. Mr. Nicholas expressed his opinion that possibly the project was designed inaccurately to have created such problems with construction access. Mr. Porter expressed his wish that the City had identified this potential problem at an earlier date and he advocated the need to look for other solutions to the immediate problem. Mr. Downing suggested that the City meet with Mr. Jack Bennett, Project Manager, who had designed the project. Mr. Randels volunteered to meet with City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1 994 Page 3 the citizens, City staff and Mr. Bennett to ascertain an alternative means of access to the construction site. Mr. Boucher expressed his concerns regarding the possibility of removing oak trees to gain access to the property which would in turn potentially alienate the Ocean Woods' homeowners. There was discussion regarding whether or not the City had jurisdiction over the subject roadways. Mr. Nicholas stated that he wanted the City to pursue doing whatever was necessary to stop the truck traffic through Harbor Heights. Discussion followed concerning the possible need for an emergency ordinance to eliminate truck traffic on residential streets within the City. Mr. Porter stated that the City needed to research an alternative way into the property without going through Harbor Heights and without destroying trees. He suggested that staff, Mr. Randels and concerned citizens meet with Mr. Bennett to seek an agreeable solution within the next week. Council concurred to schedule the matter for further discussion at the next Council workshop meeting. After a ten - minute break, the meeting was reconvened. NEW BUSINESS: 4. Discussion Re: The unfinished buildings in the 200 Block of East Central Boulevard. Mr. Randels explained that he had requested that this item be placed on the agenda for discussion. He stated that he did live on the same street as the buildings in question. He advised that Dr. Pindziak had assured him that work was continuing on the buildings in question and the buildings would be completed as Dr. Pindziak could get to them. Mr. Randels stated that he had received numerous complaints regarding the subject unfinished buildings. He referenced ordinances from two (2) other cities which addressed unfinished buildings. Dr. Charles Pindziak stated that he was the only owner with ongoing construction at 200 Central Boulevard and he felt that the matter Was a personal issue on the part of Mr. Randels. He explained that he had invested in the subject properties and had continued work at all times on the properties. Dr. Pindziak commented that Mr. Randels' main concern appeared to be the painting of 285 & 295 Central Boulevard. He advised that the buildings were stuccoed in gray with water sealer; if the buildings were painted gray, they would resemble the stucco appearance. Dr. Pindziak did not feel that he had broken any City ordinances. Mrs. Martha Seymour commented that the buildings had been uncompleted for at least seven (7) years. Mr. Porter stated that different complaints regarding the buildings had been expressed to him several times as well. Dr. Pindziak remarked against excessive government intervention. Mr. Saurenmann questioned why Council did not write a new ordinance to address unfinished buildings and to allow builders a set time to complete the buildings. Ms. Vicki Fischer, Central Blvd., questioned why the City continued to grant permits for multiple buildings /projects that were not finished. Ms. Carol Wells, Central Blvd., stated that she had observed one slab for a driveway poured, six months later another slab Was poured, and so on. She commented that City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 4 the construction was progressing at a very slow pace. Dr. Pindziak stated that he wanted to supervise all of the work himself and he was limited by other demands on his time. Mrs. Seymour explained that she was concerned with beautification needs throughout the City and that it bothered her that one project was not finished prior to starting another project. She encouraged the City to do something about unfinished buildings. Mr. Dick Benson, Central Blvd., spoke against the unfinished buildings and the potential for devaluation of surrounding properties and he also encouraged Council to enact legislation to allow one (1) year for completion of construction. Mr. Porter questioned if there was a tax advantage to unimproved property vs. improved /constructed property. Mr. Kancilia explained some of the tax issues involved. Mr. Porter expressed his personal feeling that the properties were unsightly. Mr. Berger stated that it was not only a question of finishing projects, but a question of aesthetics /cosmetics and that maybe the City was not taking the right approach to the matter. He stated that if the properties in question had sidewalks installed, trees planted, walls painted, etc. , the surrounding residents would not be concerned with whether or not the construction was finished on the inside. Mr. Nicholas suggested scheduling the item for further discussion at the next workshop meeting. There was further discussion regarding unfinished buildings and aesthetics/cosmetics issues of the subject property. Ms. Vicki Fisher stated that when her home was under construction there were some delays and several times City staffinembers questioned her regarding when the home would be completed. Mrs. Martha Seymour commented on another location next to the Straw Hat Club which only contained a concrete slab and fence. Mr. Porter stated that there were two (2) ways to look at the problem, from a cosmetic standpoint through Code Enforcement or the Beautification Board or a passible ordinance to place time limits on the completion of new construction. Council concurred to schedule the matter for further discussion at the next workshop meeting. ADOPTION OF MINUTES: 1. Regular Cit Council Meeting of July 5 1994. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of July 5, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, Far. PRESENTATIONS 1. Ho man Dobson &. Company - Audit services for FY 94195. Mr. Tom Kirk, Audit Director for Hoyman, Dobson & Company, stated that Council had City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 5 received copies of the audit engagement letter for the audit services for the September 30, 1994, financial statements. Mr. Randels commented regarding the audit process. He stated that Hoyman, Dobson fees were based on actual time spent and the proposed audit fees were not to exceed $21,000 for the audit and $3,000 for the CAFR. He briefly described items included within the financial audits. He referenced the annual audit fees paid by other cities within the County - ''Nest Melbourne - $32,900 and Satellite Beach - $14,400. Council concurred to schedule an item on the next Council workshop meeting to determine if Ho y man Robson were to remain as the City's auditors. Mr. Nicholas stated that he wanted the City to go out for bids for all outside services. PUBLIC HEARINGS 1. Ordinance No 21 -94 Amending Citx's Code of Ordinances, Creating Section 38 -3, Fire Inspectors designated as City Code Enforcement Inspectors to enforce Fire Safely Codes, for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING SECTION 35 -3, FIRE INSPECTORS DESIGNATED AS CITY CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 21 -94 at second and final reading. Motion carried with members Voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 23 -94, Amending City's Code of Ordinances, Chapter 2, Administration, by establishing,a Code Enforcement Board pursuant to Chapter 162 Florida Statutes. for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 6 CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 24 -94 Amending City's. Code of Ordinances Article III Service Rates De sits and Bill in Procedures of Chaipter 78 Utilities far second and final readin . Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES DEPOSITS AND BILLING PROCEDURES OF CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No. 28 -94 Amending City's Code of Ordinances. to provide for the reservation of trees with a diameter at breast height dbh of over three f 3 inches for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 -567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREAS, AND SECTION 34 -122, PUBLIC NUISANCE PROHIBITER AND SECTION 102 -36, DEFINITIONS AND SECTION 102 --39, PENALTIES AND SECTION 102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 28 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 7 Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Discussion & Motion Re: Resolution No. 94 -24 Establishin a new schedule of rates for garbage and trash collection within the Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREV ARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -24. Mr. Randels spoke in favor of the Resolution. He stated that the proposed increase only applied to commercial accounts. Mr. Porter stated that items of concern had been addressed within the past month, but that he hoped to see the same dedication and quality services from Western Waste Y throughout the year rather than only at contract time. Mr. Nicholas stated that he was g still concerned regarding the deodorization of the dumpsters. Mr. George Gilchrist, western Waste, stated that the company had recently purchased a new commercial truck which would be used to deodorize each container upon pickup. Mr. Porter directed staff to monitor contract compliance throughout the year. Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for an effective date of August 1, 1994, in Section 3 of the resolution. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Discussion Re: Le al services contract. Mr. Boucher stated that John Kancilia had left the firm of Reinman, Harrell, Graham, Mitchell & Wattwood and the firm had indicated that as part of their continuing contract with the City they wished to leave matters status quo with Mr. Kancilia fulfilling the services of City Attorney for the remainder of the contract. Mr. Randels commented on the intent of Mr. Gougelman's letter on behalf of the firm. Mr. Kancilia stated that he hoped to continue as the City Attorney. He stated that he had spoken with Mr. Reinman and Mr. Gougelman and that it was the intention of Reinman, Harrell to continue the contractual commitment through the expiration of the present contract which expires on September 30, 1994. Reinman, Harrell and Mr. Kancilia had agreed, with concurrence of the City, that Mr. Kancilia would continue as City Attorney City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1934 Page S through September 30, 1994. Mr. Kancilia stated that Mr. Nicholas had mentioned possibly re- g g P Y s bidding all of the City's professional services and he fully intended to be a candidate for the City Attorney position. Council concurred to allow Mr. Kancilia to continue as City Attorney on a subcontract basis through Reinman Harrell and to place the matter on the next workshop agenda to discuss advertising for legal services. 3. Discussion Re: The possibility of vacatin a section of Tower Boulevard vs. the need costs benefits of the City avin and maintainin said section. Mr. Randels stated that staff had explored the option of vacating a section of Tower Boulevard and although it was feasible to vacate the road, it was not acceptable to all concerned landowners. He explained that he had been proposing vacating the eastern section beginning at the west end of Cape Sierra to the wastewater treatment plant. Mr. Jim Morgan, Building Official stated that ssibl the City could stabilize the roadway up to Mr. Tezel 's property and Po Y then temporarily barricade the roadway from the eastern end up to the western end of the P Y project. He stated that the Fire Department had concerns regarding access to a fire hydrant. Mr. Morgan explained that the closing of the right -of -way would be temporary only. Mr, Boucher stated that Mr. Tezel had approached him with a suggestion to utilize the provision in the impact fee ordinance for in -kind services ($520 x 25 units = $13,000). He stated that Mr. Tezel was willing to trade off the $13,000 of in -kind services to construct the first 300' of roadway up to the Discovery Bay property. Mr Boucher stated that the Council could authorize the trade -off of the impact fees for in -kind services if appropriate and the in -kind service would be the avin of the first 300' of the roadway up to the Discovery Bay entrance way. He stated P g that the bids had been advertised for the stabilization of Tower Boulevard and the bid opening was scheduled for August 16, 1994. Mr. Porter questioned if there were any documents which stated that the City had agreed to pave Tower Boulevard. Mr. Kancilia stated that there was a document from when Cevesco, Inc. had dedicated the Tower Boulevard right -of -way to the City; the dedication was made on the condition that the City would pave Tower Boulevard (no time frame was indicated on the deed) . The deed was signed by George Firkins and the City accepted and recorded the deed. Mr. Porter stated that based on those circumstances the City should allow Mr. Tezel to use the impact fees to pave the roadway. Mr. Randels expressed his opinion that it was a moral, legal and ethical issue on the part of the City to pave Tower Boulevard and he further explained the history of Tower Boulevard and his reasons for recommending the paving of Tower Boulevard. Mr. Kancilia stated that the City's undertaking to pave the roadway was done in conjunction with acceptance of the deed from Cevesco and the City had a general obligation perhaps to pave the road. He stated that Mr. Tezel's firm may not have the same legal rights in terms of being able to enforce the agreement that was originally between the City and Cevesco. Mr. Porter City of Gape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 9 commented that it was not a legal question at this time. Mr. Nicholas also commented on the history of Tower Boulevard improvements and that the City in the past had agreed to pave the roadway for the benefit of the City, not the property owner. Council concurred to schedule a resolution for consideration at the next workshop meeting to allow the trade -off of impact fees for in -kind services on the Discovery Bay project. There was additional discussion regarding the St. John's permit which gave permission only to stabilize the roadway and the need for additional retention areas if the roadway was paved. Mr. Tezel stated that he would be paying a total of $67,000 in impact fees for his project and he felt that it was in the best interests of the City to pave the roadway. 5. Discussion & Motion Re: Interlocal A reement with Brevard County for E �clinp,and Education Grant Addendum No. 1. Motion by Mr. Randels, seconded by Mr. Berger to authorize the City Manager and Mayor Pro Tem Porter to review and approve the agreement with Brevard County for the Recycling Education Grant, Addendum No. 1. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Discussion & Motion Re: Resolution No. 94 - Adgpting a tentative P rODOSed mills e rate for the levy of ad valorem taxes for 1994 on all taxable p=rty located within the City of Ca Canaveral. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -33. Mr. Randels stated that he was concerned with the decrease in the Beautification millage and that the citizens had voted for a millage of up to .5000 mill and that gradually the City had reduced the millage until there were limited funds to complete Beautification projects. Motion by Mr. Randels, seconded by Mr. Berger to amend the motion to change the millage rate in Section 1 for the Beautification Dependent Special District to .4843 mill. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels. Mr. Nicholas stated that due to the proposed expansion of the library there may be additional expenses involved in the City's share of maintenance costs for the library. He stated that the City may need additional funds to augment the library expansion project with the purchase of City of Gape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1934 Page 10 books, materials or additional maintenance costs. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the motion to change the millage rate in Section 2 for the Library Dependent Special District to .04246 mill. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. There was discussion regarding Section 3 of the resolution pertaining to the Storm Drainage millage. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Discussion & Motion Re: Resolution No. 94 -21 - &pproving -Approving the transfer of Elizabethtown Gas Company into its iDarent company NUI Co ration. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ACKNOWLEDGING AND APPROVING THE TRANSFER OF THE FRANCHISE FOR ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER TO NUI CORPORATION PURSUANT TO NATURAL GAS FRANCHISE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -21. Mr. Randels stated that his concerns regarding the subject transfer of City Gas had been addressed and that the City had received maps showing the location of gas lines throughout the City. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Council concurred to continue past 10:00 p.m. S. Discussion & Motion Re: ordinance No. 29 -94 RQ the Personnel Policv of the Citv in its entirety and Mplacing replacing it with new Personnel Rules & Regulations, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 29 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 11 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Discussion &Motion Re: Ordinance No 30 -94 Amending City Charter, Article III Section 3. Compensation of Officers, and Code of Ordinances, Chapter 2, Administration Division 2, Compensation, for first reading Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and changes that were proposed to the City Charter. Mr. Porter expressed his concerns regarding the proposed increase in Council's annual compensation. Motion carried with members voting as follows: Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 10. Discussion & Motion Re: Ordinance No. 31 -94 Amendin City's Code of Ordinances Section 58 -56 Designation and Establishment to provide for the apDointment of two delegates at large to the Local Planning AjQency for reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT, OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) RELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at first reading. g Motion carried with members Voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 12 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Discussion Re: Forming an Ad -Hoc Committee to review criteria for an Architectural Review Board. Council concurred with the recommendation of the Beautification Board for the formation of an Ad Hoc Committee to review criteria for an Architectural Review Board. Mr. Kancilia advised that the Ad Hoc Committee would need to function as a "fact- finding body only" and that any actual recommendations would need to be filtered back through an official City Board such as the Beautification Board or Planning & Zoning Board. 12. Monthly Activity Re rts. - No comments. 13. City Manager's Report Mr. Boucher stated that the Dyer, Riddle, Mills & Precourt had prepared the bid specifications for the improvements to Lift Station No. 1. The specifications would be reviewed by staff and the project would be bid within the first or second week of August. DISCUSSION: 1. Mr. Kancilia stated that he needed direction from Council regarding the scheduled closing for the purchase of two (2) acres located near the wastewater treatment plant. He stated that the title insurance commitment showed eight (8) easements (5 were in favor of the City, 3 were not). He stated that the three (3) easements potentially created a defect in the title to the property. He advised that the City could choose to acquire the property subject to the easements and deal with the easements at a later date or the City could choose to reject the contract. He recommended that the City seek an extension to the closing date to clear up the easement problems. Council concurred with the City Attorney's recommendation. ADJOURNMENT: There being no further business, the meeting adjourned at 10:20 A.M. Approved this 2n day of august 1994. Jo C. 01amone, MAYOR ATTEST: with G. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING July 28, 1994 A Special Meeting of the Cape Canaveral City Council was held on July 28, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Flori da. The meeting was called to order at 6 :30 P.M. by Mayor Pro Tem John Porter. I ZT4����LK. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy City Clerk PUBLIC HEARING Joy Salamone Absent John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Susan Stills Present 1. Ordinance 25 - Amending City's Code of Ordinances C ter 70 Taxation b r0ealing and reenactin g Article III Occupational License Tax for second and final readin . Mayor Pro Tem John Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 70, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY REPEALING IN ITS ENTIRETY, ARTICLE III, OCCUPATIONAL LICENSE TAX ADOPTING A NEW ARTICLE; ESTABLISHING A NEW FEE SCHEDULE; PROVIDING► FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 25 -94 at second and final reading. Mr. Randels commented on the guidelines used by the Equity Study Commission and subsequent results in order to provide a fair and equitable ordinance. According to the Florida Statutes, the rates could have been increased up to 10 percent, however, the rate structure was only increased by 9 percent. Mr. Randels reiterated on the performance of the Equity Study Commission by noting how the group simplified the existing license structure, reduced the number of categories from 21 to five, established minimum fees, updated license fees, and restored equity to the occupational license tax structure by utilizing comparable ordinances from 16 other municipalities. Mayor Pro Tem Porter acknowledged those in the business community with objections to the ordinance and also recognized the presence of Mr. Fred Fishback and several members of the Equity Study Commission who were present to address any questions or concerns. City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 2 Mr. Arthur E. "Bud" Burns addressed Council with his objections regarding the fees charged for mini -- storage units. Mr. Burns distributed copies of his concerns to Council and staff. His objection was based on the words "fair and equitable" in the second paragraph of the cover page of the occupational license. Mr. Burns expressed that his mini - storage facility should not have been categorized as a dwelling, but as a service. Mr. Fishback responded to Mr. Burns' objections and addressed the classification of his mini - storage facility in comparison with a rented dwelling. In concept, a mini - storage facility was more similar to a rented dwelling that any other category. The concept that the Equity Commission tried to maintain throughout the process was that a larger business with a greater number of units or employees should have an occupational fee greater than a business with fewer units or employees. Mayor Pro Tem Porter questioned Mr. Fishback regarding a former objection of fees based on per unit or square footage charges. Mr. Fishback answered that a per unit fee was better related to impact because of the number of units for rent and the amount of traffic involved. Mr. Berger pointed out that sectioning the overall unit more adequately benefitted the customer with suitably sized storage for their particular needs. Mr. Berger suggested that a minimal rate be paid for the size of the overall storage facility in light of the expense involved in the process of sectioning the overall unit. Mr. Jim Means commented that Mr. Burns' percentage increase was a rather small increase compared to that experienced by many of the other businesses. Mr. Nicholas asked Council to poll the audience in response to the occupational license in order to ascertain how many concerns needed to be addressed. Mr. Hans K. Saurenmann questioned if the discussion referred to taxes or license. He defined a license as a flat fee, however, taxes were fees based on square feet. Mr. Saurenmann explained that his business was already taxed and that an occupational license should be a flat fee and that there should not be so many categories. Mayor Pro Tem Porter noted the time and since there were several remaining concerns before Council for discussion, he asked Mr. Kancilia if deferment of the workshop meeting at 7:00 p.m. was in order. Mr. Kancilia agreed that the workshop should be deferred until the conclusion of the special meeting. Mr. Burns rebutted Mr. Fishback's answers to his concerns and stated that the occupational license was cluttered-with real estate terms which would cause his license to be renewed at a higher level. He also reiterated that his occupational license fee was not in the category of his business. He restated that warehouses were not dwelling units. Mr. Kancilia stated that occupational licenses were taxes. The State recognized that an occupational licensing ordinance was a taxing ordinance, not a regulatory ordinance. There were a number of bases upon which an occupational license tax would be imposed. The basis a city could not utilize was sales or revenue since these were in the form of an income tax. The Equity Study Commission had substantially reduced the inequities of the former occupational City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 3 license structure. Mr. Nicholas commented that the terminology of dwelling needed to be changed to fit the classification of a mini - storage facility. He suggested that the proposed fee of $2.00 per unit be lowered based on the actual usage of a mini - storage facility in comparison to other usages in the same category. Mr. Kancilia explained that the proposed changes to the occupational license ordinance could not be made without going through the advertising requirements again. Mr. Nicholas questioned if Tuesday, August 2nd, would be adequate time to implement changes. Ms. Deborah Haggerty, City Treasurer, stated that her staff would need appropriate time to prepare the licenses since the statute mandated that the occupational licenses go on sale Monday, August 1st. She also asked Mr. Kancilia if the occupational license ordinance could pass as stated with the exception of, perhaps, dwellings for rent which could be addressed at another time. Mr. Kancllla explained that if certain classifications were omitted the opportunity may be missed to enact a new rate. Further discussion followed on proposed changes to the classification or cost per unit. Motion by Mr. Nicholas, seconded by Mayor Pro Tem Porter to amend the ordinance on Page 10 in the category "dwellings for rent" in such manner that Council change the category from "dwellings" to "property for rent" and that Council change the mini- storage complex from 125.00 plus $2.00 per unit" to 125.00 plus $1.00 per unit" and that Council change the last line "operators of other dwellings not specifically stated" to "operators of other property not specifically stated". Mr. Berger questioned why rates were being included in the amendment. Mr. Nicholas answered that if rates were not changed at this point they could not be changed for another year. Mayor Pro Tem Porter based his decision on the recommendation of the Equity Study Commission to lower the rate. Mr. Randels felt that the ordinance should go forward and delete the mini - storage classification and no license be purchased until Council could address the matter. Discussion followed on the consequences of deleting the mini- storage classification from the ordinance until Council could address the matter. Motion on the amendment failed with members voting as follows: Councilmember Berger Against Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels Against Mr. Berger suggested that the mini - storage classification be deleted from the main ordinance until Council could reach an equitable solution for the category. Mayor Pro Tem Porter proposed that this suggestion be placed in the form of an amendment. Motion by Mr. Randels, seconded by Mayor Pro Tem Porter for an amendment that a particular mini -- warehouse category remain the same as last year. Mr. Kancilia noted one procedural point in that the amount of the fee for last year should be read into the record as part of the City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 4 amendment. He also added that if the fee remained the same as last year in order to further study its equity, the opportunity to increase the fee could not be done for another year. Mr. Randels clarified his motion by stating that on the mini- storage warehouses Council would adopt the old rate of $62.50 per building for the upcoming year. Mr. Fishback commented that instead of reconvening the Equity Study Commission for one category that Council set an amount. Mr. Randels withdrew his amendment and Mayor Pro Tem Porter withdrew his second to the amendment. Mr. Berger questioned Mr. Fishback on his recommendation to lower the fee for mini - storage warehouses. Members of the Equity Study Commission informally recommended $1.50 per unit as the fee. Mr. Berger then asked Mr. Burns what was his recommendation to solve the fee problem. Mr. Burns stated that even at the fee of $1.50 per unit, his warehouse fee in the future would be over $300. Mr. Berger stated that there should be a flat rate for mini - storage businesses. Further discussion followed regarding mini - storage businesses. Mr. Nicholas questioned Mr. Kancilia as to the City's ability to raise the occupational licenses in the future under the State Statute guidelines. Mr. Kancilia answered that after the enactment of a comprehensive ordinance the fee could not be increased by more than 5 % every other year. Mr. Porter defined the options available to resolve the problem: 1) Council could keep the fee at its current level, 2) Council could reduce the fee, or 3) Council could remove the portion relating to mini - storage warehouses as suggested by Mr. Randels. Mr. Porter polled Council on each members position based upon these options. Mr. Kancilia noted also that there were certain housekeeping amendments that still needed to be addressed. Motion by Mr. Nicholas, seconded by Mayor Pro Tem Porter to amend Page 10 "dwellings for rent" to "property for rent," change "dwellings" at the bottom of the page to "property," and on mini -- storage businesses change the 125.00 plus $2.00 per unit" to 125.00 plus $1.50 per unit." Motion on the amendment failed with members of Council voting as follows: Councilmember Berger: Against Councilmember Nicholas: For Mayor Pro Tem Porter: For Councilmember Randels: Against Mr. Clark asked Council to brief him on the revised occupational license since he was on vacation during its inception. Mr. Porter explained that the State had mandated that all municipalities and governmental entitles in the entire State of Florida study the structure and equity of its occupational license fees. He further explained that the City convened a volunteer group of business men and women from the community to review the City's entire occupational license structure. Mr. Kurt Ronstrum stated that he not only served on the Equity Study Commission, but in so doing he voted on fees that would more than double the fees on two (2) of his businesses. City of Cape Canaveral, Florida City Council Special Meeting July 2$, 1994 Page 5 Mr. Fishback questioned Mr. Kancilia on the adjustments made to a category classified as miscellaneous to a fee of $93.75. His concern was that any new business could only be charged $93.75. Mr. Kancilia explained his reasons for recommending the fee of $93.75 to any "new" category that had not been included in the previous occupational license ordinance. Mr. Fishback reiterated his concern and stated that this created inequities in the system. Mayor Pro Tem Porter addressed the internal housekeeping amendments to the ordinance. Mr. Randels presented the first amendment under service - oriented businesses on page nine whereby the category of cleaning and janitorial services was omitted. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the category of cleaning and janitorial services under service- oriented business to include a rate of $50.00 with a $ 1,000 surety bond requirement and to delete the surety bond for private investigators. Mr. Nicholas questioned the benefit of surety bonds. Mr. Kancilia responded that surety bonds were insurance against certain risks and that fidelity bonds protected against dishonesty on the part of the profession; therefore, if a claim were made against the City, the City could go back against the bond. He further explained that the bond protected against costs incurred for enforcement of the ordinance. Further discussion followed on the effectiveness of using a surety bond. Motion on the amendment carried with members voting as follows: Councilmember Berger For Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Randels to amend the ordinance to delete the requirement for surety bond from all categories listed in the ordinance which consisted of cleaning and janitorial, decorating, and detective agencies. Mayor Pro Tern Porter asked Mr. Berger due to his personal involvement with being required to provide surety bonds in his business if a surety bond was effective. Mr. Berger felt that a surety bond was no longer required. Motion carried on the amendment with members voting as follows: Councilmember Berger Abstained Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels For Mayor Pro Tem Porter called the question on the main motion for Ordinance No. 25 -94. Motion on the ordinance carried with members voting as follows: Councilmember Berger Against Councilmember Nicholas For Mayor Pro Tem Porter For City of Cape Canaveral, Florida City Council Special Meeting July 2S, 1994 Page 5 Councilmember Randels For There being no further business, the meeting adjourned at 8:05 P.M. Approved this 6th day of September 1994. x ATTEST: J�u Porter, MAYOR PRO TEM w r r Susan Stills, ACTING DEPUTY CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME -FIRST NAME�--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AiTI'HORlTY, OR COMMPCI'EE Arthur Berger City Council of the City of Ca Canaveral MAILING ADDRESS THE BOARD, COUNCIL, COMNQSSION, AUTHORITY OR CObIIvITIZ'EE ON 627 Adams Avenue WHICH I SERVE IS A UNIT OF: CITY COUNTY �� C O COUNTY ❑ OTHER LOCAL AGENCY Cape Canaveral Brevard NAME OF POLTI7CAL SUBDMSION: City of Ca Canaveral DATE ON WHICH VOTE OCCURRED M}C pOSITiON LS: July 28, 1994 _ Q El crn'E ° ^pP°DTR'E WHO MUST FILE FORM 8B This form is for use by any person serving at the County, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143 FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother - in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo- ration are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR. TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOIN'T'ED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MATE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TARN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CITY COUNCIL REGULAR MEETING August 2, 1994 A Regular Meeting of the Cape Canaveral City Council Was held on August 2, 1994, at the City g g Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting Was called to order at 7:00 by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Susan Stills Present 1. Combined Workshop and Regular Meetin off July 19. 1994. Motion b y Mr. Porter, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop and Regular Meeting of July 19, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For, PUBLIC HEARINGS: 1. Ordinance No 29 -94, Adoptinp, new Personnel Rules &Regulations 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 THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 29 -94 at second and final reading. Mr. Randels expressed his concerns regarding provisions in the Personnel Rules which allowed part-time employees to receive vacation and sick leave benefits and the sick leave incentives included on page 39 of the Rules. He further noted that City employees were eligible to convert up to three (3) days of sick leave to three (3) personal days per year. He believed that sick and personal leave were to be used for different purposes. Mr. Nicholas concurred City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 2 with Mr. Randels on the point of converting sick leave to annual or administrative leave. After additional discussion, the motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 2. Ordinance No 30 -94 Amending City Charter, Article III Section. Compensation of Officers, and Code of Ordinances Chapter 2 Administration, Division 2 Compensation, 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 ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at second and final reading. Mr. Nicholas noted that the section numbers in the Ordinance were out of sequence. Mr. Kancilia stated that the second Section 2 would need to be amended to Section 3 and subsequent sections changed accordingly. Motion by Mayor Salamone, seconded by Mr. Randels to amend the ordinance to re- number the sections as needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone commented that she felt strongly that the ordinance was certainly necessary after no changes having been made to Council salaries in 30 years. Mr. Randels stated that Councilmembers' expenses far exceeded any reimbursed amounts. He also noted that an equitable salary would more adequately provide for City - related expenses incurred by members of Council. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 3 Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 3. ordinance No. 31 -94 A ointin members to the Local Planning for second and final reading, Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at second and final reading. Mr. Randels questioned whether the nature of the ordinance was temporary or permanent. Mr. Kancilia explained that the nature of the Ordinance was permanent until the Ordinance was subsequently amended by Council. He further explained that the Board would consist of two (2) at large members and five (5) individuals who were also the regular members of the Planning and Zoning Board and that the at large positions would be utilized by two (2) Councilmembers to assist in the amendment of the City's Comprehensive Plan. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS 1. Resolution No. 94 -35 Appointing members to the Local Planning Agency LPA). Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas, to adopt Resolution No. 94 -35 appointing Leo Nicholas and Rocky Randels as delegates at large to the Local Planning Agency. Mr. Randels City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 4 asked if there were other Councilmembers who desired the position. Mayor Salamone expressed Council's appreciation to Mr. Randels and Mr. Nicholas' for their willingness to assist where they were needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For, Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 22 -94 Amendin 's Cit Code of Ordinances to enact provisions to minimize fire hazards within the City. for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 22 -94 at first reading. Mr. Randels expressed his agreement with the ordinance in that it would help minimize fire hazards within the City and fees would be incurred only by those who needed such inspections. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 20 -94 Amending Subsection 110 -51(b) of the Code of Ordinances, by changing . requirements for the harking of boats utility trailers recreational vehicles, and special purpose vehicles for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110-55 1 (b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING SECTION 110 --553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 5 AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 20 -94 at first reading. Mr. Porter commented on the letter sent by Gerry Schmitz questioning the provision in the ordinance whereby the City was asking citizens to install a concrete pad or an impermeable surface, he suggested that this item be amended. Mr. Randels noted that this amendment had been made in the revised Ordinance. Mr. Nicholas stated that the ordinance did not specifically restrict paving to asphalt or concrete, it included sand, gravel, etc. Mayor Salamone asked Mr. Kancilia if the ordinance addressed other points addressed by Council, such as the twenty -five feet set back requirement. Mr. Kancilia answered that the ordinance prohibited the parking of vehicles within four feet of the right -of -way abutting any street. Mayor Salamone expressed that she felt the limitation was unfair to citizens. Mr. Berger commented that the sidewalks were built within the easement and he did not think that trailers or boats should be parked within the easement. Mr. Kancilia stated that if the sidewalks in question were all within the right -of -way and the City did not want boats and utility vehicles protruding over the sidewalk, the proposed Ordinance included "within four feet of the right -of- way" which was four feet off the sidewalk, then the wording could be changed to provide that no vehicle would be parked on the right -of -way. He stated that then the vehicles would be allowed closer to the street and aesthetically that provision may be objectionable to some individuals. There was further discussion regarding the areas where no sidewalks were provided and other right -of -way concerns as related to the parking of boats and other such vehicles. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Ordinance, Sec. 110- 551(b)(2)(a) to allow that no boats, utility trailers, recreational vehicles, or special purpose vehicles "shall park within the right -of -way as opposed to within four (4) feet of the right -of -way line abutting the street". Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Randels expressed his concerns regarding the "relaxation of the parking requirements" included within the proposed Ordinance. Discussion followed regarding the screening limitations included in R -1 and R -3 zoning, and the limitation against the parking of any vehicle in excess of thirty (30) feet in length in R -1, R -2 or R -3 zoning. After discussion, Council concurred that such vehicles in excess of thirty (30) feet in R -2 and R -3 zoning would require screening. Mr. Nicholas expressed his concerns regarding the provision which allowed the parking of such vehicles on vacant lots under certain conditions including the written consent of the lot owner, current license plates, and that the vehicle needed to be in operable condition. Council concurred to further discuss Section 3 of the Ordinance at the next regular workshop meeting to be held on September 1, 1994. Motion carried on the main motion with members voting as follows: City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 6 Mayor Salamone For Mayor Pro Tem Porter For Couneilmember Berger For Couneilmember Nicholas For Couneilmember Randels Against 4. Ordinance No. 32 -94 Amending Section 38 -2 Fire Safety Fees to rovide for reduced fire safety fees. for first reading,. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 38 -2, FIRE SAFETY FEES, TO PROVIDE FOR REDUCED FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 32 -94 at first reading. Mr. Randels expressed concern over making changes to the Ordinance after the original p Ordinance was adopted less than two (2) months earlier. He stated that the Ordinance had yet to become effective and Council should not respond to the objections of one (1) individual complaint. Mr. Randels reiterated the two -fold objective of the ordinance which was to make fire safet y rules that would apply to buildings to ensure that businesses were following a uniform code of fire safety at a cost of $50.00 per inspection and also to comply with State regulations on fire safety. Mayor Salamone questioned why the Ordinance was being changed two (2) months after it was originally adopted. Mr. Nicholas answered that Mr. Tim Grady had objected to the ordinance because he had not been notified of the cost and because Mr. Grady had p aid for an occupational license and Mr. Grady had felt that the license should pay some of the cost of the fire inspection fee. Mr. Nicholas further explained that small businesses were being required to pay more and more fees and costs in order to do business. Mr. Randels asked Council to ost one passage of the Ordinance until Council had an opportunity to review the P p proposed budget. Mayor Salamone felt that the fee was fair and equitable. Further discussion followed regarding the implementation and possible revision of fire inspection and safety fees. Mr. Porter suggested using a fee of $35.00 as opposed to $50.00 for fire safety inspections. Motion by Mayor Salamone, seconded by Mr. Porter to table Ordinance No. 32- 94. Motion carried with members voting as follows. Mayor Salamone, For, Mayor Pro Tern Porter, For; Couneilmember Berger, For; Couneilmember, Nicholas, For; Councilmember Randels, For. 5. Resolution No. 94 -34 Authorizing an in -kind service a reement with Bav Construction Inc. to construct _improvements to Tower Boulevard. City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 7 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA • AUTHORIZING THE PAYMENT OF IMPACT FEES IMPOSED BY SECTIONS 2 -231 THROUGH 2 -237 TO BE PAID BY IN -FIND CONTRIBUTIONS BY DISCOVERY BAY DEVELOPMENT, INC. , FOR THE PAVING OF APPROXIMATELY THREE HUNDRED FORTY (340) FEET OF TOWER BOULEVARD; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Porter , seconded by Mr. Berger to adopt Resolution No. 94 -34. Mr. Randels clarified that the intention of the developer was to pave a section of Tower Boulevard to permit him access to his development; however, the road would have to built to City specifications and the cost of the road approximately $12,000, would be applied to the developers impact fees pp �' in the form of a credit. He further explained that the developer was willing to pave the road and have his pp impact fees applied as he pulled his permits. Mr. Kancilia stated that the developer p would p y a for the cost of the road and as units were built and impact fees would have been able the developer would be credited for amounts already paid for paving against the payable, p r equired impact fees. Mayor Salamone questioned Mr. Boucher as to which impact fees were p i in discussion. Mr. Boucher explained that police, fire, parks, general government, and library impact fees were involved. Mr. Porter commented that y ears ago there had been an agreement between the City and Shuford Mills which Mr. Nicholas had signed as City Manager, which stated that if Shuford Mills deeded the City ri the road ht -of -way that the City would then pave the road. Mr. Boucher g stated that the p aving funds were listed in the FY 95196 capital improvement budget. Mr. Porter questioned if the City had in fact signed a written agreement with Shuford Mills for the paving of Tower Boulevard. Mayor Salamone responded affirmatively and stated that no date had been set for the p avement of Tower Boulevard. Mr. Porter felt that the City had an obligation to pave Tower Boulevard through its written agreement with Shuford Mills. Mayor Salamone stated that the developer's proposal would only pave 340' of the roadway. She stated that she was not comfortable with the idea of paving the entire roadway due to the limited of amount of traffic on the road. Mr. Randels stated that previously there had been a strong concern of the wastewater treatment p lant employees over the damage caused to their vehicles due to the condition of the northern section of Tower Boulevard. Mr. Bob Hoog stated that the Fire Department used to buy fuel from the City for the fire trucks, but it had discontinued that p y practice due to the condition of Tower Boulevard. There was further discussion regarding the possibility of paving the entire length of Tower Boulevard • the use of impact fees for the purposes so designated (library, parks, police, fire and g government, overnment, etc. ); concurrency management concerns; and the limited access to the front of the Discove r y y Ba development by pavement of the 340' section of roadway. Mr. Nicholas expressed his strong opposition to allowing the use of impact fees through the in -kind. agreement City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 8 and explained his reasons for same. Mr. Porter stated that he felt that Mr. Nicholas had a valid po that the impact fees did have "names" on them such as library, parks, etc. He stated that he did not understand Mr. Nicholas' other objections in light of Mr. Nicholas's signature on behalf of the Cit y on the Shuford Mills agreement. Mr. Nicholas stated that he still felt that the Cit y should p ave Tower Boulevard; however, the City did not have the funds to pave the roadway. Mr. Boucher stated that he agreed that impact fees should be used for their stated purposes; but the Cit y had earmarked $15,000 to stabilize the east -west leg of Tower Boulevard in this year's budget. He sug if the City wanted to take the $15, and apply it toward construction g gg �' of the 340' ortion of the roadwa y then let the developer pay the impact fees and allocate the P $15 , 000 for the stabilization of the roadway toward the construction of the 340 section of the roadway. Ma Pp Mayor Salamone stated that it would appear that the City was paving the 340' section y only for the one developer. There was additional discussion regarding the entire Tower Boulevard situation. Mr. Boucher suggested paving the entire roadway in accordance with the FY 95196 capital imp rovement budget after construction of the wastewater treatment plant P P improvements to eliminate the possibility of damage to the new roadway by construction vehicles. Mr. Bob Hoo g commented on the amount of gas tax revenue coming into the City and that Tower Boulevard had been an issue for a number of years and he expressed his support of movin g forward with the pavement of Tower Boulevard. Mr. Randels distributed copies of pertinent sections from the City's Code Book relating to impact fees. He expounded on the p ur p oses/uses of act fees. Mr. Porter felt that the City should complete the road in two (2) rP impact phases to deal with the sewer plant construction; first portion as quick as possible and the remainder in FY 95196. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 6. Award of Bid No 94 -02 Laboratory Water Purification S m. Motion b Mr. Randels seconded b Mr. Porter for Council to approve the award of Bid No. Mot y a y 94 02 to the low bidder , Curtin Matheson Scientific, Inc., in the amount of $6,05 4 as recommended by the Public works Director. Mr. Boucher explained that the new system would replace the water purification if ication s stem purchased in 1986. Mr. Nicholas asked if the City received an item 'z breakdown from Fisher Scientific as it did from Curtin Matheson Scientific, City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 9 Inc. Mr. Boucher explained that Fisher's price was submitted in one lump sum. Mr. Nicholas commented that the bid was in line with the upgrading of the wastewater and laboratory facilities. Motion carried with members voting as follows: Mayor Salarnone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. After a ten - minute break, the meeting was reconvened. 7. o uarterl y Bud et Transfers Motion by Mayor Salamone, seconded by Mr. Randels to approve the quarterly budget transfers for the quarter ending 6130194. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. ADnroval of contract for annual audit services - Hoyman &Dobson, Inc.. Motion by Mayor Salamone, seconded by Mr. Randels to approve the annual audit service contract with Hoyman & Dobson, Inc. Mr. Nicholas stated that he wished to bid out the audit services. He expressed that the service had not been bid out for 10 years and he wondered if the City was receiving a reasonable rate. Mayor Salamone stated that bidding the services out was not feasible at this time. She suggested that perhaps the contract could be bid out for FY 94195. Mr. Randels questioned Ms. Janet Petroni of Hoyman & Dobson, Inc. if the cost included drafting of the annual budget. She concurred that it did. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 9. Authorization to bid annual audit services contract Motion by Mayor Salamone, seconded by Mr. Randels to bid out the audit services contract for FY 94195. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. Authorization to bid legal services contract for FY 94195. Motion by Mr. Nicholas, seconded by Mr. Randels to bid out the legal services contract for FY City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 10 94195. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Resolution No. 94-36, Appointing two 2 re ular members to the Commercial Development Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Porter, seconded by Mayor Salamone to adopt Resolution No. 94 -36 inserting the names of Ms. Joyce Sale and Mr. Jon Windhorst as regular members of the Commercial Development Board with terms to expire on June 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For, Mr. Porter explained that Mr. Jim Means had agreed to assist as a volunteer and help the City's grant writer, Mr. Bill Edins, in search of private and federal grant funds. Mr. Means was agreeable to not being appointed to the Commercial Development Board at this time. However, Mr. Porter recommended that the City Council retain his application and if an opportunity should arise for another position that he be approached again. Mr. Porter also commented that Mr. windhorst was very experienced and would be most beneficial to the Board, as well as, Ms. Sale who had been a member of the Equity Study Commission and was a business owner in Cape Canaveral. 12. City Manner's Report Mr. Boucher commented that Ms. Ava Tunstall, appellate attorney for the City, had filed a brief in the Abbott case, and he suggested that Council read the brief and he complimented Ms. Tunstall on her work with the case to date. Mr. Boucher stated he had spoken to Brevard County planning directors, Gary Ridenour and Peggy Busaca, regarding the possibility of utilizing a County planner to assist with the City's Local Planning Agency and the Commercial Development Board. The working relationship between the City and the County looked favorable. Mr. Boucher announced that the land acquisition of the 2.4 acres of property located north of the existing wastewater plant with Cevesco, Inc. had been finalized. City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 11 Mr. Boucher stated that he and Mr. Kancilia were working on a draft of a cable franchise agreement for the next workshop meeting. Mr. Boucher acknowledged that the disagreement with Mr. Roger Vaughn over the sewer line had been resolved and the City settled the matter for the plumber's itemized estimate of $730.00 which had been agreeable to Mr. Vaughn. Mr. Boucher reminded Council of the upcoming budget workshop meeting scheduled for Monday, August 8th, at 5:30 p.m. Mr. Boucher commented on the resolution from the Port Authority in response to the City's resolution regarding termination of the sewage franchise agreement in the year 2000. Mr. Berger suggested that every year the City send a friendly reminder letter to the Port reminding them that their contract would be terminated in 2000. Mr. Nicholas added that the Port had allocated $15,000 for engineering studies for its own plant. Mr. Boucher announced that due to the City's Drug -Free Workplace Program the City was given a credit on its workers' compensation insurance in the amount of $1,353.00. DISCUSSION: 1. Motion by Mr. Porter, seconded by Mr. Berger for an add -on agenda item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Porter, seconded by Mr. Berger for Council to take the $15,000 allocated for the stabilization of Tower Boulevard in the FY 93194 budget and use the allocated funds for immediate use to pave the first 340' of Tower Boulevard (Phase I). Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Mr. Kancilia noted the litigation report given to Council of all legal cases. He reported on the Abbott case and noted that under the rules of appellate procedure it was up to the court to schedule oral argument; to date oral argument had not been scheduled. In the case of Royal Mansions Condominium Association vs. the City, the hearing on the motion for summary judgment which was originally scheduled for September 6th had been postponed until September 12th to accommodate the judge's schedule. Mr. Kancilia further summarized the status of the Royal Mansions case. Mr. Kancilia stated that in the case of American Bank of the South vs. Szapor the City was actually a cross - claimant (third party claim). Mr. Szapor had included the City and other defendants in a foreclosure suit against American Bank of the South. American Bank had filed City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 12 suit against Mr. Szapor for default on a loan and Mr. Szapor had dragged the City and other parties into the suit alleging in defects in the title. Mr. Kancilia did not believe that the City was a proper party tote y h suit and the City had moved to dismiss the case as not being appropriate against the City. ADJOURNMENT: There bein g no further business, the meeting adjourned at 10:15 P.M. Approved this 6 t day of sP�mt , 1994. 1� J C. alamone, MAYOR ATTEST: Susan Stills , ACTING DEPUTY CITY CLERK CITY COUNCIL REGULAR MEETING September 6, 1994 R Meeting of the Ca Canaveral City Council was held on September 6, 1994, at the A eg g Cape 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 Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present 1. Special Citx Council Meetin og, f July 28. 1994. Motion by Mr. Nicholas seconded by Mr. Porter to approve the minutes of the Special City Council Meeting of July 28, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Regular City Council Meeting � f August 2, 1994. Motion b y Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meetin g of August 2, 1994, as presented. Motion carried with members voting as follows Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For, Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No 20 -94 Amendin Section 110 of the Code of Ordinances, by chanaing requirements for the parkinp, of boats utilitv trailers recreational vehicles and special nuroose vehicles for first public hearine. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110-551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110-- 551(c) TO CONFORM WITH SUBSECTION 100- 551(b); City of Cape Canaveral, Florida Regular City Council Meeting September G, 1994 Page 2 AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110 - 554(x) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 20 -94 at first public hearing. Mr. Randels stated that he was concerned with the City relaxing the present standards for the parking of boats and recreational vehicles. He stated that the proposed change included in the ordinance limited the restrictions to recreational vehicles in excess of 30', thus a vehicle under 30' could park anywhere that was not specifically excluded. Motion by Mr. Randels, seconded by Mr. Porter to amend the Ordinance to delete the words "in excess of thirty (30) feet in length" from Item (1) on page 3 of the Ordinance. Mr. Randels stated that the Ordinance would then apply to all size recreational vehicles. Mr. Kancilia summarized the previous discussions held by the Planning & zoning Board and Council regarding the 30' parking restrictions. He stated that the 30' restriction originally arose because the Planning & zoning Board had recommended an increase from the 21' to 30' restriction. He explained that it was thought that in R -1 and R -2 zoning there would continue to be the same requirement for covering or screening of such vehicles and that the dividing line for covering was when the vehicle was in excess of 30' because vehicles under 30' were not considered to be an eyesore. There was further discussion regarding the 30' length restriction on the parking of recreational vehicles. Mr. Randels stated that the amendment to the ordinance would provide that the parking limitation would apply to all boats and recreational vehicles. Motion by Mr. Randels, seconded by Mayor Salamone to amend the Ordinance to add the words "commercially registered vehicle" after "No for -hire vehicle" in Item (h), Page 3 of the Ordinance. Motion failed on the first amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 3 Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone announced that the second public hearing of Ordinance No. 20 -94 would be scheduled for Tuesday, September 20, 1994, at 7:00 p.m. 2. Ordinance No. 22 -94 Amendin City's Code of Ordinances to enact provisions to minimize fire hazards within the City, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUN'T'Y, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND REQUIRING A BUILDING PERMIT FOR THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 22 -94 at second and final reading. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Resolution No. 94 -37, Extending current cable television franchise agreement Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO CABLE TELEVISION; EXTENDING THE EXPIRATION DATE OF THE FRANCHISE GRANTED PURSUANT TO ORDINANCE NO. 36 -64 AS AMENDED BY ORDINANCE NO. 16 -79, RESOLUTION NO. 88 -54 AND RESOLUTION NO. 92 -05, MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 --37. Motion carried with members Voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 4 2. Resolution No. 94 -38 Authorizing the execution of a State Revolving Loan Fund and the led a of revenues from the Cit 's sewers stem use fees to secure payment of said loan. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF STATE REVOLVING LOAN FUND NO. CS 120825020; AUTHORIZING THE PLEDGE OF REVENUES DERIVED FROM SEWER SYSTEM USE FEES TO SECURE PAYMENT OF SAID LOAN; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -38. Mayor Salamone stated that the principal loan amount was $4,537,836 at an interest rate of 3.17%. Mr. Kancilia explained in detail the changes to the loan agreement which he had requested and the changes which were approved or denied by the State. The changes which were denied would have required changes to the Florida Administrative Code. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Resolution No. 94 -39 RMpointing members to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING THREE (3) MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -39 to reappoint Catherine Barnes, Buzz Petsos and Steve Roney to the Planning and Zoning Board with terms to expire on September 15, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -40 A ointin an alternate member to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 5 Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -40 with the inclusion of Don Bergen as an alternate member to the Planning & Zoning Board with a term to expire on September 15, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 26 -94 Scheduling a Referendum Election for the purpose of presentine an valorem tax not to exceed LO mil for police protection for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE BATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSER REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at first reading. Mr. Porter questioned whether or not Lt. McGee would discuss the proposed referendum further with Council. Mayor Salamone stated that she felt very comfortable going to the voters with the question given the current and future budget requirements for police and fire. Mr. Randels explained that he felt the voters needed to be adequately informed as to how the increased millage funds were to be used. Mayor Salamone stated that it would be for two (2) additional deputies. Mr. Randels questioned the success rates of bicycle patrols in smaller communities such as Cape Canaveral. Lt. McGee responded that bicycle patrols were being used on Merritt Island with good success; however, this was being done in low income areas where there were a concentrated amount of people and it had helped tremendously in keeping unwanted persons out of certain areas. The visibility aspect was important as well. There was additional discussion between Lt. McGee and Council regarding the possibility of utilizing bicycle patrols in Cape Canaveral and other policing needs within the community. Mr. Berger questioned if the millage increases were to be fully explained in the City's newsletter. Council supported moving up the schedule for the printing of the newsletter to allow information regarding the referendum questions to be included in the newsletter prior to the November election. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No 27 -94, Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services, for first readine. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page f Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE BATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -94 at first reading. Motion carried with members Voting as follows: Mayor Salamone, For; Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Ordinance No 34 -94 Providing for the submission to the electors of the City of Cave Canaveral a proposed amendment to Article XXIV, Sec 8, Nepotism of the City of Cave Canaveral Charter, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F . S . ; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSER AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSER AMENDMENT TO THE CITY CHARTER SHALL BE VOTER UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 34 -94 at first reading. Mr. Porter commented that he felt the matter would become a "political football". There was discussion regarding the proposed ballot wording and Mr. Kancilia explained the reasons why the ballot summary needed to specify the actual nature of the change. Mr. Porter expressed his concerns regarding the prohibition against allowing two (2) family members to serve on two (2) separate City Boards that made recommendations to the City Council. Mr. Kancilia stated that under the present Charter provisions on nepotism, the Council could not appoint a relative of a Councilmember to any of its advisory boards. Under Florida City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 7 Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the particular Councilmember abstained from voting. Mr. Kancilia stated that by adopting Florida Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the Councilmember abstained; that same activity under the current Charter provision would not be legal. Mr. Porter stated that although he did not condone the tactics with which the original referendum was passed, he did feel that some good came out of the entire matter by clearing up any misconceptions. He stated that the City as a whole had been negatively affected by the entire nepotism issue. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 8. ordinance No. 35 -94 Amendin CA Y's Code of Ordinances Section 780152 Monthl Sewer Rates to clarif the authorit y of the CiLX Council to modif sewer rates in amounts other than increases based on the consumer price index for first readin . Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt ordinance No. 35-94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Ordinance No. 36 -94 Amending, Cit 's Code of Ordinances by a Section to be entitled "Motion and Still Photogwhy Production Permits" for first readin . Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS ", PROVIDING A City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 8 TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENT; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 36 -94 at first reading. Mr. Kancilia stated that Section 16 -67 of the Ordinance had been reworded to make it explicit that the granting of a production permit did not excuse the applicant from complying with other City Code provisions /licenses. He outlined several other modifications which had been made to the subject Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 10. Motion Re: Brevard County's Local Planning Assistance Pro rg am• Motion by Mr. Randels, seconded by Mr. Nicholas to authorize the City Manager to pursue an interlocal agreement with Brevard County for Alternative No. 1 for hiring a County planner for $20.62 per hour for up to 240 hours to assist with the Comprehensive Plan amendment process and the Commercial Development Board in an overall Redevelopment Plan for the City. Mr. Porter and Mr. Berger spoke in favor of the interlocal agreement with the County. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Motion Re: Authorization to Dispose of Surplus Property through City Auction. Motion by Mr. Porter, seconded Mr. Randels to authorize the City Manager to auction the City property as listed on Bid No. 94 -05. Mr. Randels asked that the auction be published in additional publications. Mayor Salamone stated that she wanted copies of the auction lists at City Hall, the library and Capeview Elementary, and also that it be advertised in the publication known as the "Thrifty Nickel". Motion carried with members Voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 12. City Manager's Report Mr. Boucher stated that Council had received a letter from the Canaveral Port Authority City of Cape Canaveral, Florida Regular City Council Meeting September G, 1994 Page 9 regarding two (2) holdouts on the beach easements. He advised that on the two (2) parcels in question, the firm that was engaged to sue the Army Corps of Engineers had filed pleadings against the Port trying to get the easements. Mr. Boucher had spoken to Port Commissioner McClouth who had requested the City's assistance in attempting to persuade the two (2) holdouts to execute the easements. Mr. Randels stated that he was scheduled to meet with the Canaveral Towers Condominium Association. Mr. Porter suggested sending a letter to Mr. Harris of Gray, Harris, Robinson, Kirschenbaum & Peeples, requesting his support in obtaining the easements. Council concurred to send the letter to Mr. Harris and to copy both holdouts with the letter as well. Mr. Boucher stated that Karen Andreas, Brevard County Commissioner, had given him a copy of the Attorney General's opinion regarding the Snyder and Jennings lawsuits, which had been distributed to Council. Mayor Salamone asked that the City Attorney's opinion on the same subject also be sent to Commissioner Andreas. DISCUSSION: 1. Mr. Nicholas questioned if the Canaveral Cab Company was back in operation within the City. Mr. Boucher responded that the company had applied for a license /permit. Mr. Nicholas suggested that the City keep a close watch on the operations of the company within the City. Mayor Salamone expressed her concerns regarding the particular cab company as well. 2. Mr. Nicholas stated that in the past he had asked about getting lots mowed at the intersection of Magnolia and Adams Avenues. He stated that other lots had been mowed, but not the two in question and he asked that something be done about the problem. 3. Mr. Nicholas mentioned that he was concerned about the potential for one day rentals in Ocean Oaks and he had been assured by staff that a memo had been written to the owner advising him that rentals of less than seven (7) days were prohibited. He stated that he had a problem with the memo because it did not specifically outline the City's Code requirements. He advocated that the instructions to the owner be specifically outlined and explicit about the prohibition against rentals of less than seven (7) days. 4. Mr. Porter announced that he had a meeting scheduled for Friday, September 9, 1994, at 4:00 p.m., at the Recreation Center, with the volunteers who would be assisting the City in its grant research /writing efforts. 5. Mr. Randels distributed copies of a publication that the Florida League of Cities had compiled which listed all of the available grants, contract persons, and other applicable grant information within the State of Florida. 6. Mr. Randels commented that the Florida League of Cities had passed a resolution in opposition to legalized gambling in the State of Florida. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page to 7. Mr. Randels stated that of the 29 possible State ballot initiatives for November ballot, only six (6) had received enough signatures to move forward toward the November election. He distributed a fact sheet regarding the initiatives to Council. ADJ OURNMENT : There being no further business, the meeting adjourned at 8:24 P. M . Approved this 2 Qth day of 1 994. k r Jay C Sak ione, MAYOR ATTEST: Faith G. Miller, CITE' CLERK CITY COUNCIL SPECIAL MEETING September 12, 1994 A Special Meeting of the Cape Canaveral City Council was held on September 12, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present PUBLIC HEARINGS 1. Resolution No. 94 -41 Adoting the Tentative Milla a Rate for 1994. Mayor Salamone read the Resolution in its entirety. A RESOLUTION ADOPTING THE TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED 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. 94 -41. Mayor Salamone stated that she disagreed with raising the beautification and library millages for FY 94/95. She did not feel that the increases were warranted and she believed that the City should revert back to the FY 93194 millage rates (total of 1.3391 mills). The public hearing was opened. Mr. Dick McGhee, 541 Washington Avenue, stated that when the Beautification tax was first approved by the voters he had been led to believe that the initial tax would be reduced once the City was made "beautiful". He questioned whether the beautification funds were becoming a contingency fund. He spoke against tax increases in general. Mr. Randels explained that there were plans underway for enlarging the scope of the beautification issue. Mr. Boucher showed Mr. McGhee the outline of projects to be covered by the beautification tax. There was further discussion regarding the use of the beautification millage and relevant projects. Mr. Porter stated that the original concept of the referendum was not sold on a decreasing scale. He explained that the City had a lengthy process underway toward more beautification projects, specifically A 1 A and other areas in the City which needed an extensive amount of work toward City of Cape Canaveral, Florida Special City Council Meeting September 12, 1994 Page 2 "beautification". He advised that even with the increased beautification millage the ad valorem taxes for FY 94195 were lower than FY 93194 (1.387 mill as compared to 1.4110 mill) . Mr. McGhee reiterated his objection to the increased beautification and library millages. Mayor Salamone restated that she did not feel the increases were necessary in the upcoming fiscal year. Mr. Berger commented that he felt it was necessary because the more the City invested in the environment, the more the citizens would appreciate it. He supported using the funds for more beautification projects in the upcoming fiscal year. There was discussion regarding the proposed library millage increase as well (.0386 mill to .0425 mill). Motion by Mr. Porter, seconded by Mr. Randels to amend Section 4 of Resolution No. 94 -41, to reduce the storm drainage millage from .1821 mill to .1102 mill for FY 94195. Mr. Randels commented that the overall millage rate for the City (1.3870 mill) was lower than the previous year. Motion by Mayor Salamone to amend Sections 2 & 3 of the Resolution to change the Beautification Dependent Special District millage from .4843 mill to .4403 mill and the Library Dependent Special District millage from .0425 mill to .0386 mill. Motion died for lack of a second. The public hearing was closed as there were no additional comments from the public. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For Mr. Boucher announced that the next budget meeting was scheduled for Monday, September 26, 1994, at 5:30 p.m. Mr. Porter asked that the plans for the various beautification projects previously discussed be written and available for the next scheduled budget meeting. 2. Resolution No. 94 -42 Adopting the Tentative Annual Bud et far FY 94195. Mayor Salamone read the Resolution in its entirety. City of Cape Canaveral, Florida Special City Council Meeting September 12, 1994 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE TENTATIVE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1935; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -42. Mayor Salamone stated that because special revenue funds were included within the budget she had a problem with the way the budget would be presented to the public. Mr. Randels questioned the proposed $30,000 for a sludge dump truck in the capital improvements portion of the budget. Mr. Boucher explained that the dump truck was not recommended for funding. He stated that in the future the City may find it more cost effective to purchase a dump truck rather than to continue sludge hauling by a contractor. Mr. Randels also questioned why the extension of Ridgewood Avenue ($250,000) was still shown on the Capital Improvements Five Year Plan. Mr. Boucher stated that this item was also not funded and had only been included in the Five Year Plan because the extension was listed in the City's Comprehensive Plan. once the Comprehensive Plan was amended, the item regarding Ridgewood Avenue extension would be removed from the Plan. The public hearing was opened and closed as there were no further comments on the budget. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For There being no further business, the meeting adjourned at 6:02 P.M. Approved this 20th day of September 1994. o C al one, MAYOR ATTEST: th G. Miller, CITY CLERK CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING September 20, 1994 A Combined workshop & Regular Meeting of the Cape Canaveral City Council was held on September 20 1394, 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 Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Joy Salamone Present John Porter Absent Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular Cily Council Meeting of September 6 1994. Motion b y Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of September 6, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, Fora Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Special City Council Meeting of September 12, 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of September 12, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PROCLAMATIONS: 1. Pepper Buster Day October 22, 1994. Mayor Salamone read the proclamation and presented it to Mr. Michael Casciopo, Marine Resources Council of East Central Florida. Mayor Salamone rearranged the order of the agenda due to the number of individuals present in the audience with regard to particular subjects. NEW BUSINESS: 2. Discussion & Motion Re: Libr expansion site plan review. Mr. Roy Cowell, Stottler Stagg &. Associates, gave a brief background of the library expansion project and two conceptual plans, A & B, which had been presented to City and County staff, the Library Board, and the City Council. Council had requested that the architects review other available alternatives for parking to allow a larger amount of greenspace to remain on the subject property. City of Cape Canaveral, Florida Combined Workshop &Regular City Council Meeting September 20, 1994 Page 2 Mr. Cowell presented three (3) alternative solutions, C, D & E, and explained the concepts, and the positive and negative aspects of each. Concept C provided for the use of Poinsetta Avenue as a parking lot, closing the access point at Polk Avenue, with major work to be done on the east side of the property by removing sidewalks and relocating trees. Concept D provided that Poinsetta would still be a thoroughfare, but it visually would not give the impression of a through street due to landscaping. It would also utilize the City Hall Annex parking lot. Concept D would require significantly more construction including relocation of the library sign and possible storm drains. Concept E included several small parking sections and angle parking for the staff parking lot. Mr. Cowell stated that the library staff and the Library Board remained supportive of Concept A due to several reasons including that the facility would be a self- contained operation with everything controlled by the library, and the facility would not impact any outside entities. He explained that there would be a significant increase in the cost of the project if Poinsetta Avenue were closed or reconstructed to allow vehicle parking within the right -of -way. The utilization of any of the concepts which involved the use of Poinsetta Avenue would require changes to the scope of services under which Stottler Stagg had been contracted along with additional expense. Mr. Cowell commented that there were a limited amount of funds available within the County for all of the library expansion projects. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that there would be an additional cost impact from design and construction standpoints and there were limited funds set aside for the library project. He stated that if Poinsetta Avenue was developed as a parking area, the County's choices would be to limit the scope of the project or to have the City share in some of the expenses with the County. Mayor Salamone questioned if the County would be willing to continue to finance their portion of the expansion if the City agreed to develop the parking facilities along Poinsetta Avenue and how such a change in plans would affect the timeline of the project. Mr. Bisley stated that the first step would be to identify the difference in expenses involved, share the information with the local and County Library Boards and ultimately present it to the County Commission. He stated that other safety concerns needed to be addressed. He stated that the construction would be delayed approximately 60 days with such a change in the conceptual plans. Mr. Nicholas suggested a compromise to include placing parking only in the northern part of the addition on the east side near the entrance off of Polk Avenue and utilizing the parking across the street near the annex for the required number of parking spaces for the expanded building. Such a compromise would leave the southern half of the expansion site as greenspace. There was further discussion regarding the required number of parking spaces, possible pedestrian problems, the number of residents and visitors who use bikes or walk to their destinations within the City, and the general accessibility, convenience, safety and liability of the library facility. Mayor Salamone stated that the meeting room was not used often enough to justify the expanded parking and she favored Concept D. Mr. Berger suggested changing the angle of the building. Mr. Nicholas commented that he was adamantly against closing Poinsetta Avenue. Mayor Salamone asserted that orange and Ridgewood Avenues were available for north -south traffic and that closing one block of traffic along Poinsetta would not be a problem. Discussion continued regarding maintaining as much greenspace as possible. Ms. Kathy Stewart, Brevard County, stated that historically when a library was expanded it was 1/3rd more utilized which would mean additional parking needs. She stated that the circulation had City of Cape Canaveral, Florida Combined Workshop &Regular City Council Meeting September 20, 1994 Page 3 increased by 20% each month within the area and she disagreed that the parking was adequate for the library as it currently existed. She commented that a library of the proposed size usually require 45 -70 parking spaces. Discussion continued regarding traffic flow and pedestrian and vehicular traffic to the library. Mr. Harry Ernst, Library Board member, questioned if there were figures available on how much the open area near the library was used for recreational purposes. Mayor Salamone stated that no established figures were available, but that the children did use the area consistently and she would hate to see another concrete jungle in the area. Mr. Kancilia left the meeting at this time; Mr. Kevin Markey, Assistant City Attorney, took his place at the meeting. Mayor Salamone stated that a viable compromise would be to allow the City to take back one lot east of the facility to increase the greenspace area. She summarized the compromise by explaining that Poinsetta Avenue would remain open, 68 parking spaces would be located on the site, the building would remain as depicted on Concept A, and half of the requested greenspace (one lot) would be returned to the City. Council concurred with the suggested compromise. Mr. Cowley stated that he would provide revised site sketches to the City Manager. Mrs. Stewart advised that she would agree with Mayor Salamone's recommendation and that overflow parking would be located across the street from the library near the City Hall annex. After a ten - minute break, the meeting was reconvened. PUBLIC HEARINGS: 1. Ordinance No 20 -94 Amending Section 110 of the Code of Ordinances, by changing requirements for the parking of boats utilily trailers recreational vehicles, and special puroose vehicles, for second and final public hearing. Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110-551(c) TO CONFORM WITH SUBSECTION 110-551(b); AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS,, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt ordinance No. 20 -94 at second and final public hearing. Mr. Randels stated that he had a concern regarding the wording he had added at the previous meeting, "commercially registered vehicle ", to item (h), page 3. He explained that the added words would also exclude individuals with pick -ups or cars that were registered commercially City of Cape Canaveral, Florida Combined Workshop &Regular City Council Meeting September 20, 1994 Page 4 from parking in their own driveways. Motion by Mr. Randels, seconded by Mr. Berger to delete the words "commercially registered vehicle" from item (h), on page 3 of the ordinance. Mr. Markey suggested adding the following wording to the subject section: "This section shall not be construed to prohibit parking of automobiles, pickup trucks and mini- vans ". Mr. Nicholas suggested that wording could be used to specify commercial vehicles over a certain weight. Motion by Mayor Salamone, seconded by Mr. Berger to add the language provided by Mr. Markey to item (h), page 3 of the ordinance. Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the first amendment with members voting as follows: Mayor Salamone, Against; Councilmember Berger, Against; Councilmember Nicholas, Against; Councilmember Randels, Against. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. ordinance No. 26 -94 Scheduling a Referendum Election for the purpose of Presenting an ad valorem tax not to exceed 1.0 mil for police protection. for second and final readin . Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt ordinance No. 26 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. ordinance No. 27 -94 Scheduling a Referendum Election for the purpose of presentipg an ad valorem tax not to exceed 0.5 mil for fire /rescue services for second and final readin . Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MoDIFICATIoN OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN City of Cape Canaveral, Florida Combined Workshop &Regular City Council Meeting September 20, 1994 Page 5 CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No. 34 -94 Providin for the submission to the electors of the Cily of Ca e Canaveral a proposed amendment to Article XXIV Sec. 8 Nepotism of the Cily of Ca a Canaveral Charter for second and final readin . Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM OF THE CITY OF GAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135 , F. S . ; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Nicholas, seconded by Mr. Randels to adopt ordinance No. 34 -94 at second and final g readin . Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No. 35 -94 Amen Ci 's Code of ordinances Section 78 -152 Monthly Sewer 2. Rates to clarifv the authori1y of the Citv Council to modify sewer rates in amounts other than increases based on the consumer Drice index 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 SECTION 78 -152, MONTHLY SEWER RATES TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 35 -94 at second and final reading. Motion carried with members voting as follows. Mayor Salamone, For, Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. ordinance No. 36 -94 Amending Ci 's Code of Ordinances by addinp, a Section to be entitled "Motion and Still Photogra Production Permits" for second and final readin . City of Cape Canaveral, Florida Combined workshop & Regular City Council Meeting September 20, 1994 Page 6 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS " , PROVIDING A TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENTS; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt ordinance No. 36 -94 at second and final reading. Mr. Berger questioned if the applicants for such permits would have to go through all of the City's normal permitting process. Mr. Boucher stated that Bonnie Ding, Film Commissioner, of the Space Coast Film Commission would advise any applicants of the procedures and permits required by each City within Brevard County. Mr. Nicholas commented that the penalty clause in Section 16-65 was not specific. Mr. Boucher stated that the applicable penalty clause was included in the City's Code Book. Mr. Nicholas reiterated that he did not feel that there were enough controls /restrictions within the ordinance. Motion carried with members Voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For NEW BUSINESS: Mayor Salamone changed the order of the items under New Business as necessary. 9. Resolution No. 94 -47, Authorizing an agreement with the Brevard County Sheriff's Department to provide municipal police services for FY 94/95. 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 MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger for approval of Resolution No. 94 -47. Mr. Boucher explained the changes included in the contract. He stated that Page 13, Paragraph 17, Telecommunications, included a provision to place the City on notice that as of October 1, 1995, the Sheriff's Department would be charging the City for dispatch services. Mr. Boucher stated that he City of Cape Canaveral, Florida Combined workshop & Regular City Council Meeting September 20, 1994 Page 7 objected to the provision since there were two (2) other municipalities that received the same type of service that the City received and that Palm Bay had questioned why three (3) cities received special treatment. Mr. Boucher commented that Cape Canaveral had a separate agreement with the Sheriff's Department and that Palm Bay received their 911 fees for dispatch and that Cape Canaveral's 911 fees went to the County. Mayor Salamone questioned why the provision was included in the contract rather than sent to the City in a letter format. Mr. Curt Jones, Brevard County Sheriffs Dept., stated that it would not be a problem to remove the subject clause from the contract. Mr. Jones stated that some analysis could be completed to identify applicable 911 funds as needed. He stated that .23 cents of the .50 cents charged for 911 services went to Southern Bell in direct support of the 911 equipment and lines; the balance of the funds were spent on capital needs for the cities and for improvements to the overall equipment. Mayor Salamone asked that the letter include figures applicable to the anticipated cost of dispatch services. Mr. Randels addressed his concern regarding the proposed deletion of the following text: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City ". Commander Vernon weekley stated that in the early days there were only two (2) deputies working at the precinct and at that time the provision for deputies with more than one year's experience was absolutely necessary. He stated that since 1978, the department had grown from six (6) members to a 17- member department. He explained that he was not proposing transferring all of the recruits to the Cape Canaveral precinct. Mr. Nicholas voiced his objections to the proposal due to the amount of funds paid to the Sheriffs Department for police protection. He stated that the City had agreed to a contract with the Sheriffs Department in order to have the best possible police protection available. Lt. McGee stated that deputies could not leave the Cape Canaveral precinct unless they left the employment of the Sheriff or unless reassigned by the Sheriff after notification to the City Manager. There was further discussion regarding the subject provision in the proposed contract. Mr. Jones explained that there was a cost benefit to having a mixture of people with a mixed amount of tenure and experience. Mayor Salamone questioned if the Sheriffs Department would agree to allow not more one (1) trainee at any given time at the Cape Canaveral precinct. Motion by Mayor Salamone, seconded by Mr. Berger to add language to the contract to provide that the Cape Canaveral precinct would have no more than one (1) trainee at any given time. Mayor Salamone stated that the contract price of $970,570 was lower than the FY 93/94 price of $981,800. Mr. Nicholas questioned the deletion of the crossing guard section in the contract. Mr. Boucher advised that Brevard County's Public Safety Department was responsible for all of the crossing guards throughout the County who were not employed by the individual municipalities. The County provided the necessary crossing guard training and certification. Lt. McGee stated that the deputies would cover the school zones and would cover for the crossing guards if there was a sickness or an emergency situation; but they would not be responsible for actual training of the guards. Motion by Mayor Salamone, seconded by Mr. Randels to amend the contract to delete paragraph 17. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Combined workshop & Regular City Council Meeting September 20, 1994 Page 8 Motion on the first amendment failed with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to add the following text to paragraph 4, page 5: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City". Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion failed on the main motion with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Mayor Salamone asked that the contract be taken back to Sheriffs Department for additional consideration with regard to the requirement that deputies have a minimum of one year's experience prior to being placed in the Cape Canaveral precinct. The item would be placed on the next Council meeting agenda scheduled for October 4, 1994. 11. Discussion &Motion Re: Bid No 94 -03 Tower Boulevard Stabilization Proiect. Motion by Mayor Salamone, seconded by Mr. Randels to approve Bid No. 94 -03. Mr. Boucher explained that the bid had been advertised to stabilize Tower Boulevard and during the bid process Council had changed the scope of the project to pave 340' of Tower Boulevard. He stated that the bids received were in excess of the verbal quotes received previously. Mr. Boucher recommended that Council reject the bid to stabilize the roadway and a new bid would be let to pave the subject roadway section. He advised that he had given Mr. Tezel a schedule for the project and that staff had reviewed the plans and they were awaiting a response from the St. Johns River Water Management District for a permit modification. Mr. Ali Tezel questioned if he could do anything to expedite the permitting process. He offered to contact St. Johns directly. Mayor Salamone stated that staff was expecting approval from St. Johns by October 13, 1994, and she asked Mr. Boucher to contact St. Johns and verify the status of the permit modification. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas Against City of Cape Canaveral, Florida Combined workshop & Regular City Council Meeting September 20, 1994 Page 9 Councilmember Randels For 1. Discussion & Motion Re : City Attorney selection. Motion by Mayor Salamone, seconded by Mr. Randels to re- advertise for legal services. Mayor Salamone stated that she did not believe that Council had enough of a selection for legal services and she felt that the advertising was not adequate. She stated that she would like to have more firms available for consideration. Mr. Berger stated that there were not many law firms available with municipal experience and he felt that the two (2) firms that applied were qualified. Motion failed with members voting as follows : Mayor Salamone For Councilmember Berger Against Councilmember Nicholas Against Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Berger to contract with Mr. Kohn Bennett of the firm of Amari, Theriac & Eisenmenger to provide legal services for the next year. Mayor Salamone stated that Mr. Bennett worked for a firm that had previously worked for the City and the firm had resigned. She stated that she did not have any faith in the firm or the way the City was treated and she did not feel that the firm would be a good choice for the City. Mr. Nicholas stated that Mr. Bennett had been the City Attorney for the Planning &. Zoning Board and the Board of Adjustment. Mayor Salamone reiterated her feelings against the firm of Amari, Theriac and stated that Councilmembers had problems with some of the firm's decisions and that their record with the City was not good. She stated that the firm was not in the City's best interests and she would not support the firm. Mr. Berger stated that he had personal experience with the Amari, Theriac firm and felt that they were well qualified. Mrs. Ann Thurm spoke in favor of the firm of Amari, Theriac and she stated that she felt anyone could make a mistake and she did not hold the mistake against the firm. She recommended Mr. Bennett as the City Attorney as she felt he was most cooperative and capable. Mrs. Thurm stated that the firm had resigned under pressure. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Mr. Randels commented that another motion would probably not pass as well. Motion by Mayor Salamone, seconded by Mr. Berger to re- advertise for legal services. Mr. Boucher stated that the current contract with Reinman, Harrell expired on September 30, 1994, and he would proceed to make provisions to hire Mr. Kancilia or Mr. Markey on a temporary basis. Mayor Salamone stated that Mr. Kancilia had agreed to continue until a lawyer was hired and Mr. Boucher concurred. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Discussion & Motion Re: Route selection for reuse .system. City of Cape Canaveral, Florida Combined Workshop &Regular City Council Meeting September 20, 1994 Page 10 Mr. Boucher g ave a brief background on the proposed reuse system. He stated that he needed direction from Council as to which phases of the project were to be completed initially and which alternate route was to be selected for Phase I (main line along A 1 A or Poinsetta Avenue) . Mr. Nicholas questioned how much it would cost to complete the entire reuse system throughout the City and Mr. Gary ReVoir, Hartman & Associates, responded that the full project would cost $2.8 million. There was extensive discussion regarding the following: whether the entire project should be completed collectively or in phases, viability of installing all of the infrastructure for the system at one time funds available in wastewater reserve accounts, potential to have capacity shortfalls, maintenance expenses for reuse lines that may not be utilized for a number of years, available capacity if the Port builds its own plant and terminates its agreement with the City in the year 2000, and the City's current interlocal agreement with Cocoa Beach for 750,000 gpd of reuse water. Discussion continued regarding whether or not final engineering costs for the entire reuse system were included in the current contract with Hartman &Associates. It was determined that the final engineering costs were included within the total estimated $2.8 million cost of the complete project, but Hartman &Associates were not designated as the engineers to complete final engineering work for the entire project. Motion by Mayor Salamone, seconded by Mr. Berger to put in the infrastructure necessary to complete the entire reuse system as presented. Mr. Nicholas stated that the City could extend its contract with Hartman & Associates to provide the engineering and design for the entire reuse system. Mr. Berger commented that the main trunk line would run on the west side of Al A. Mayor Salamone and Mr. Nicholas concurred with the location of the main trunk line if the City was constructing the entire reuse system throughout the City . Mr. Randels stated that the City would be installing a great quantity of pipes with a possibility of only 20% resident participation. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Motion by Mayor Salamone, seconded by Mr. Berger to approve a dedicated line to Cocoa Beach for the 750,000 gpd, not a lift station. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. ReVoir questioned if Council wanted Hartman & Associates to submit a proposal for final engineering services for the City's entire reuse system and Council concurred. 4. Discussion Re: Tourist Development Tax. Item would be added to the next Council workshop meeting agenda. 5. Resolution No. 94 -43 Rea ointin members to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Combined workshop & Regular City Council Meeting September 20, 1994 Page 11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -43 with the following members reappointed to the Code Enforcement Board: Mary K. Russell, Walter P. Godfrey, Jr., and James O'Kell with terms to expire on October 1, 1997. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No 94 -44 Reappointing members to the Library Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -44 to reappoint J. Tim Grady, Harry Ernst and Anna M. Kelly as regular members of the Library Board and Joanna Atwood as an alternate member of the Library Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No. 94 -45 ReaDpointing members to the Recreation Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -45 to reappoint Colin Finnigan, Harvey Renshaw and William Schmidt as regular members of the Recreation Board with terms to expire on October 1, 1995. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Resolution No. 94 -46 ReaDpointinp, members to the Zoninie Board of Adjustment. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Resolution No. 94 -46 to reappoint Marilyn Rigerman and Robert Laws as regular members of the Zoning Board of Adjustment with City of Cape Canaveral, Florida Combined Workshop &. Regular City Council Meeting September 20, 1994 Page 12 terms to expire on October 1, 1996. Mr. Markey stated that Council could not reappoint Marilyn Rigerman to the Board under the current nepotism provisions of the City Charter. Mrs. Marilyn Rigerman stated that she believed the current laver was in conflict with Florida Statutes and that since it was in conflict it could be set aside and the resolution approved. She explained that the Zoning Board of Adjustment was an important quasi-judicial board and that there was a short supply of experienced members to serve on the Board. Mayor Salamone stated that Council agreed with Mrs. Rigerman, but she would have to follow the City Attorney's opinion on the matter. Mr. Markey stated that the Council would be voting in contrivance of its own law if it voted in favor of the appointment. Mrs. Ann Thurm commented on the Galbraith case decision which allowed that a Councilmember's spouse could serve on boards without any conflict if the spouse abstained on the vote to appoint his/her spouse to a board. She asserted that the City Charter amendment was invalid because it was in conflict with State law. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Resolution to allow that only Robert Laws be reappointed as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the main motion with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels Against Mr. Berger asked for more research on the matter from the City Attorney. Mr. Nicholas stated that as of October 1, 1994, the Board would be missing two (2) members and any decision made by the Board required four (4) positive votes. Mrs. Rigerman stated that if the Charter provision was not changed by the referendum that she would challenge the provision and prevail and that the City would end up paying the associated legal costs. She encouraged everyone to vote affirmatively for the Charter referendum in November. Motion by Mayor Salamone, seconded by Mr. Berger to reconsider Resolution No. 94 -46 removing Marilyn Rigerman's name from Section 1 of the Resolution. Motion carried with members voting as follows: Mayor Salamone, for; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Mr. Laws was reappointed to the Board. She stated that Mrs. Rigerman had served well as a member of the Board and she hoped that she was successful in seeing the referendum approved in November. 10. Resolution No 94-481, Authorizing an addendum to the agreement for Fire Protection and Emergency Medical Services with the Cape Canaveral Volunteer Fire Department. Inc.. for FY Qd /9S Item would be added to the next Council workshop meeting agenda. City of Cape Canaveral, Florida Combined workshop & Regular City Council Meeting September 20, 1934 Page 13 12. Discussion &. Motion Re: Councilmember vacant . Mayor Salamone stated that the City had received a Division of Elections opinion and an opposite opinion from the City Attorney regarding the Councilmember vacancy. She explained that Council had decided that it had allowed Mr. Kancilia to request an opinion from the Florida Division of Elections and that it would abide by their decision. Motion by Mayor Salamone, seconded by Mr. Randels to abide by the Division of Elections opinion. Mr. Nicholas asked for clarification on the motion and Mayor Salamone stated that the motion provided that "Council appoints". Mrs. Thurm stated that similar situations had occurred in 1976, 1979, and 1984 and every time the replacements were appointed and she felt that the laws were very clear. She did not understand why the matter had been questioned and that the City had always followed the Charter and the Election Code. Mr. Markey summarized that Mr. Kancilia's opinion was based upon a Florida Supreme Court case that stated the opposite of the Division of Elections' opinion. Mr. Spike Schryer stated that he was upset about Council's action because the City had notified or solicited that there would be an election for the Councilmember position. Mayor Salamone stated that there was a disclaimer in the notice. Mr. Schryer stated that he felt the City was in the wrong because it was preventing the people from making the choice and he would look further into the matter. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 13. Monthly Activity Reports.. Item would be added to the next Council workshop meeting agenda. 14. Cily Manager's Re art. Mr. Boucher stated that Brevard County would be resurfacing the bikepath along the west side of North Atlantic Avenue within the next month. ADJOURNMENT: There being no further business, the meeting adjourned at 10:04 P.M. Approved this 4 th day of October 1994. rr Joy . kY6none, MAYOR ATTEST: Faith G. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING September 26, 1994 A Special Meeting of the Cape Canaveral City Council was held on September 26, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5 :30 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Clerk PUBLIC HEARINGS Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Absent Rocky Randels Absent Bennett Boucher Present Faith Miller Present 1. Resolution No. 94 -49 - Adopting Final Millaize Rate for 1994. Mayor Salamone read the Resolution in its entirety. A RESOLUTION ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -49. Mayor Salamone stated that she felt that the City should go back to last year's tax rates for the Beautification and Library millages as she did not see a reason to increase either tax. Mr. Porter agreed with the reduction in the proposed library tax, but he felt more discussion was needed on the Beautification portion of the budget. Mr. Porter stated that overall, regardless of the increases in the Beautification and Library millages, there would still be a net reduction in taxes in the City (1.4110 mills to 1.3870 mills) . Mayor Salamone questioned what projects were planned for the increased Beautification millage. The increased Beautification millage would net the City approximately $14,000. The public hearing was opened. Mr. Dick McGhee, 541 Washington Avenue, objected to the proposed Beautification and Library millages and added that he disagreed with increased millage rates without justification. Mr. Bill Sweet agreed with Mayor Salamone in that the Beautification and Library millages should not be increased. Mr. Sweet spoke favorably regarding the City's police and fire services and that possibly those tax rates should be increased. He also commented that the City employees were excellent. Mayor Salamone advised that referendums to increase the police and fire millages from .50 to 1.0 mill for police and from .25 to .50 mill for fire were being placed on the November election ballot and the voters would have the right to decide whether or not the City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 2 millages should be increased. Mr. Bob Hoog spoke against increasing the Beautification and Library millages and commented that there was $46,000 in the Beautification contingency budget. He questioned why the tomes were proposed to be increased with no planned projects in place. Mrs. Francis Singer, Beautification Board Chairman, explained that there were two (2) planned programs - 1) planting of trees on the presidential streets /regreening of Cape Canaveral; and 2) xeriscape park to be located across from the Recreation Center. Mayor Salamone stated that bath projects were already included within the budget. Mr. Porter stated that the A 1 A corridor needed substantial beautification improvements. He expressed that City funds could be doubled through the use of grants for specific beautification projects and that funds were available through several types of grants, but most grants required matching funds. He mentioned that $26,000 of beautification funds were doubled through a grant ($52,000) for the tree planting project. He stated that maybe the Beautification tax did not need to be increased during the next fiscal year, but he also advocated putting more time and effort into preparing plans for specific projects in the next year. Specific projects for improvements to the community would help to gain residents' support for a potential increase to the Beautification tax next year. Mr. Porter stated that it was critical for the City to move toward the future with needed improvements. Mayor Salamone commented that she did not resent any funds that had been spent on Beautification in the past. She supported lowering the tax in the years when it was not needed and raising it in the years that there were projects that warranted the increased tax. Mr. Berger stated that there were several Beautification projects being contemplated such as entrance signs to both entrances along A 1 A. He stated that the overall taxes were not increasing and the more beautiful the City became then the more valuable it became to its residents. He felt that the increased millages were justified. Mr. McGhee spoke against placing more funds in the Beautification contingency fund. Mayor Salamone reiterated that planned projects were needed. Motion by Mayor Salamone, seconded by Mr. Porter to amend the main motion to go back to last year's millage rate for Beautification (.4403) and Library (.0386) taxes. Mr. Sweet commented on the conditions in the area along A 1 A in between Cocoa Beach and the City (Avon -by- the -Sea). Mayor Salamone explained the goals and objectives of the Commercial Development Board and the Local Government Cooperative Committee. Mr. Porter suggested that the Beautification Board prepare an actual plan to include goals to be accomplished over the next few years and place it into the City's Five Year Capital Improvement Plan. Mr. William Gleckner, Beautification Boardmember, questioned several line items included in the Beautification budget. Ms. Deborah Haggerty, City Treasurer, explained the forecasting of estimate revenues and expenditures, the proposed decrease in the Beautification and Library City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 3 millage rates, the annual City millage (tax) paid by an average homeowner in Cape Canaveral, and that the overall tax liability of a Cape Canaveral homeowner would be lower than the previous year. Mayor Salamone read Resolution No. 94 -49 in its entirety due to the proposed amendment. Section 1 of the amended Resolution now read: "The total millage for all City operating purposes is fixed at 1.34 mills on the dollar of taxable value for the 1994 -95 fiscal year of the City of Cape Canaveral, Florida. This millage is a 1.58 % increase from the rolled back rate. " The Beautification millage rate in Section 2 was changed from .4843 mill to .4403 mill, and the Library millage rate in Section 3 was changed from .0425 mill to .0386 mill. Mr. Porter explained that he had re- evaluated his stance on the previously proposed millage increase and that it was reasonable to expect a more aggressive plan for the future of beautification projects. The public hearing was closed as there were no additional comments from the public. Motion carried on the amended Resolution with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger Against Motion failed on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Mayor Salamone announced that Resolution No. 94-49 as amended passed by a 2 to 1 vote. 2. Resolution No. 94 -50 Adoptine the Final Annual Budget for FY 94195. Mayor Salamone read the Resolution in its entirety. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; PROVIDING FOR AN EFFECTIVE BATE. The public hearing was opened and closed as there were no further comments on the budget. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -50. City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 4 Motion by Mayor Salamone, seconded by Mr. Porter to amend Resolution No. 94 -50 to include the millage rates and related figures that were adopted on the amended Resolution No. 94 -49. Motion carried on the amendment with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger Against Motion failed on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Mayor Salamone announced that Resolution No. 94 -50 as amended passed by a 2 to 1 vote. There being no further business, the meeting adjourned at 6:20 P.M. Approved this 4th day of to r 1994. J C. alamone, MAYOR ATTE T: elro Faith G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING October 4, 1994 A Regular Meeting of the Cape Canaveral City Council was held on October 4, 1994, at the g g Cit y 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 Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim City Attorney City Clerk Joy Salamone Present John Porter Present (Late) Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of September 20, 1994. Motion b y Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of September 20, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Pro Tem Porter arrived at the meeting at this time. 2. dial CitkCouncil Meetina of September 26, 1994. Motion b y Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of September 26, 1994, as presented. Mr. Nicholas questioned the main motion, amendment and the vote taken on Resolution No. 94 -49. Mayor Salamone advised that she had read the amended Resolution in its entirety, so that the vote on the amendment included the complete amended Resolution. She stated that the main motion had failed on the Resolution that was presented to Council, but the amendment passed on the Resolution as amended. Mr. Nicholas commented that Resolution No. 94 -49 was defeated; Mayor Salamone reiterated that amended Resolution No. 94 -49 was approved. Mr. Nicholas suggested continuing the discussion at the end of the meeting. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS: 1. 1994 Fall Beautification Awards Residential - Mr. & Mrs. Gerald Fischetti City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 2 Multi - Family - Sand Pebbles Commercial - Maggie's Mini Nursery Mrs. Frances Singer, Beautification Board Chairperson, presented the 1994 Fall Beautification Awards to the following ndividuals: Mr. & Mrs. Gerald Fischetti -- Residential award; Mr. Tay g Sauerwind President of the Sand Pebbles Condominium Association - Multi - Family award; and Ms. Sarah Johnson, Owner of Maggie's Mini Nursery - Commercial award. NEW BUSINESS: 1. Motion Re: A intment of interim Wt Attorney. Motion by Mr. Nicholas, seconded by Mr. Randels to appoint the firm of Potter, McClelland, Marks & Healy as Interim City Attorney at a rate of $75-00 per hour until a City Attorney was selected. Mayor Salamone thanked Mr. William Potter and his firm for agreeing to serve as Interim City Attorney. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pto Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No. 94 -47 Authorizing an a reement with the Brevard Countv Sheriff's De artment to provide munici al police services for FY 94/95. 1 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 MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -47 for the level of service specified in the contract in the amount of $970,570. Mr. Boucher stated that the Sheriff's Department had provided a revised contract to him immediately prior to the start of the meeting. He explained that the revised contract provided that: "The Sheriff further agrees that there will not be more than one deputy assigned to Cape Canaveral at a time with less than one (1) year of experience". Mr. Randels stated that "not more than one (1) trainee at a time" meant that Cape Canaveral could have a training position continuously. He wanted to also provide that the trainee would be in addition to the regular deputies. Mr. Nicholas stated that he understood that one (1) of the 17 deputies assigned to Cape Canaveral would be a trainee. Lt. George McGee, Cape Canaveral Precinct, explained that the training phase was 12-18 weeks, once P certified the officer was placed in a patrol vehicle alone. He further explained the training program and he commented that in the event that the Cape Canaveral precinct did have an opening then they would only be allowed to have one (1) person who had completed the training City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 3 phase who could be assigned to the Cape Canaveral precinct for a one (1) year period of time. Mr. Porter stated that he could agree to allowing only one (1) person with less than one (1) year's experience who would be assigned to Cape Canaveral for at least a one (1) year period. Mr. Nicholas felt that the wording in the contract would allow a continuous training program during the term of the contract and he did not feel that Cape Canaveral should be a training ground for the Sheriff's Department. He advocated limiting the provision to allow one (1) trainee only for the term of the contract. Mr. Potter, Interim City Attorney, suggested the following change to the language: "During the term of this contract only one (1) deputy with less than one (1) year's experience shall be assigned to duties in Cape Canaveral." Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to include the wording in the contract as suggested by the City Attorney. Mayor Salamone questioned why Council did not want trainees in Cape Canaveral. Mr. Nicholas stated that the City was paying for fully experienced deputies to be on duty at all times and he spoke against allowing the precinct to become a training ground for all deputies. Mayor Salamone stated that the Council had previously agreed to the language which included the words "at a time" at an earlier workshop meeting. She stated that she did not have any problem with the language as presented in the agreement. There was further discussion regarding the amendment and the issue of having deputies with less than one (1) year's experience stationed in Cape Canaveral. Lt. McGee stated that if the proposed amendment was approved he would have to obtain approval from the Sheriff Department's administration. Mr. Porter commented that only one (1) trainee would be allowed in Cape Canaveral and that the person would be assigned to Cape Canaveral for one (1) full year; Lt. McGee agreed with Mr. Porter's interpretation. Motion failed on the amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion carried on the main motion with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 3. Resolution No 94 -48, Authorizing an addendum to the agreement for Fire Protection and Emergency Medical Services with the Cape Canaveral Volunteer Fire Department. Inc., for FY 94/95. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 4 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREV ARD 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. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -48. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Motion Re: Contract amendment with Hartman & Associates for reuse s stem desi n of Phases 2 & 3. Motion by Mayor Salamone, seconded by Mr. Berger to approve Authorization No. 3 with Hartman & Associates for the reuse system design for Phases 2 and 3 at a cost of $101,645. Mr. Boucher advised that the public hearing for the wastewater reuse system improvements and the State Revolving Loan funding was scheduled for November 1, 1994. Mr. Nicholas stated that he would have liked to have more time to review the contract. Mr. Randels spoke against the motion and he explained his reasons for same including that there was no data available regarding how much reuse water would be used in Phase 1, no data on how much water would be available for Phases 2 and 3, the possibility that the Department of Environmental Protection (DEP) may revoke the City's continuous wet weather discharge permit if the City indicated that it would be utilizing all of the water for irrigation (reuse), borrowing additional funds would cause an increase in the sewer rates for all residents, and that the City's engineers recommended that Phase 2 & 3 be completed at later dates as the water became available. Mr. Nicholas stated that the contract before the Council was for the design only of Phases 2 and 3. He advocated having the full design done as one project, not piecemeal. Mr. Porter stated that between the design and actual construction of the system many things could change that would impact the system. Mayor Salamone commented that the rate analysis showed that through the year 1997, it would mean an additional cost to the residents of $6.92 per year. She stated that in 1997, the residential sewage charge would be $17.79 and currently the statewide average was $20.94. She strongly supported designing the entire reuse system. There was a general discussion regarding the wet weather discharge permit and the reuse system in general. Mr. Nicholas questioned the $50,000 survey cost. Mr. Gary ReVoir, Hartman & Associates, stated that the surveys would be completed first and foremost, everything would be based on the existing conditions, and a lack of surveying would decrease the total quality of the design process. He explained that there were some concessions that could be done to slightly reduce the survey cost. Mayor Salamone stated that Authorization No. 3 included a "not to exceed City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 5 $101,645 " clause. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Council directed the City Manager to prepare the necessary documents to request full funding of the reuse system through the State Revolving Loan Fund. 5. Motion Re: Interlocal agreement with Brevard County's Local Planning Assistance Pry: Motion by Mr. Nicholas, seconded by Mr. Berger to approve the interlocal agreement with Brevard County for Local Planning Assistance Program to be at a rate of $20.62 per hour to formulate the City's Comprehensive Plan update. Mr. Randels advocated that the Council should have the ability to monitor the program and he asked for monthly progress statements. Council concurred with Mr. Randels' request for monthly progress reports. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No 94 -51 Appointing a regular member to the Zoning Board of Adjustment. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Resolution No. 94 - 51 appointing Ann Thurm as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No 94 -52 A�ointing�a regular member to the Library Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 6 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94-52 appointing Joanna Atwood as a regular member of the Library Board with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Motion Re: Authorization to bid for City En ineerinp, .services. Motion by Mr. Nicholas, seconded by Mr. Porter to authorize the City Manager to solicit bids for City Engineering services. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. City Manager's Report. Mr. Boucher updated Council on the status of the negotiations with the union. He stated that the union had agreed to a three (3) year contract with the ability to open three (3) articles annually, and the Drug -Free Workplace requirements. He stated that Mr. Elmer Sevor had requested that the Council consider adding approval of the contract to the meeting's agenda. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Porter to approve the contract between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673, as bargained by the City Manager. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that Mr. Nicholas had inquired about four (4) cases that were listed on the Sheriff Department's monthly report and he distributed a response from Lt. McGee to each member of Council. Mr. Porter encouraged the resumption of the City's crime report in Florida Today; Lt. McGee stated that the crime information was given to the paper on a routine basis, but the paper did not always publish the information as submitted. Mr. Boucher distributed copies of the newly revised draft of the cable television franchise agreement between the City and Time warner; the item would be included on October 18th' s Council meeting agenda. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 7 PUBLIC COMMENTS: 1. Mr. Frances J. Kuhn 102 E Central Boulevard re: sewer) arba a fees. Mr. Boucher stated that Mr. Kuhn had advised that he would be unable to attend the meeting and had asked that he be rescheduled for October 18, 1994. DISCUSSION: 1. Mr. Nicholas questioned the procedural matter on the Council minutes of September 26, 1994, as discussed earlier in the meeting. Mayor Salamone stated that Robert's Rules of Order provided that it was allowable to amend such a resolution as long as it was read in its entirety. Mr. Potter stated that the minutes were confusing in that the last vote (on the main motion) was redundant and he further explained the procedures. Mayor Salamone stated that procedurally the actions were correct, but that the second motion could have been eliminated. 2. Mr. Porter stated that he had enjoyed speaking with the citizenry of Cape Canaveral during the day's primary election. 3. Mr. Randels commented briefly on the fact that the residents within the unincorporated area of the County, Avon -by- the -Sea, were paying higher taxes than the residents within the City of Cape Canaveral. 4. Mr. Randels stated that Brevard County had initiated a Drop & Swap Program for the disposal of hazardous waste and he explained the benefits of the program. 5. Mr. Randels distributed press packets from a seminar he had attended entitled "weathering the Storm" to members of Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8 :18 P.M. Approved this 18th day of October , 1994. C - I J� CL�Salamone, MAYOR 1O U ,_W R f� e Faith G. Miller, CITY LERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING October 18, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on October 18, 1994, 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 Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Interim City Attorney City Clerk Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular Council Meeting of October 4 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of October 4, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS/PROCLAMATIONS: 1. Employee of the Quarter -Grey, Mullins. Mr. Boucher presented Mr. Greg Mullins, Maintenance Worker II of the City's Street Department, with the Employee of the Quarter award. Mr. Randels and Mayor Salamone congratulated Mr. Mullins for his accomplishments and his willingness to help out when needed on many City projects outside the normal scope of his duties. 2. Florida City Government Week - October 23 -29, 1994 Mayor Pro Tem Porter read the proclamation and presented it to Councilmember Rocky Randels for forwarding to the Florida League of Cities. 3. LibLa a Expansion Pro'ect Update and Public Input presented by Brevard County, Mr. Bill Starmer, Stottler, Stagg & Associates, Inc., distributed a library project manual and schedule to each member of Council and staff. He stated that the schedule showed the design timeframe from August 1994 through the start of construction in February 1995, with completion scheduled for September 1995. He advised that a Program containing a thorough overview of the goals and objectives of the new library addition which was written by many players, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 2 including Y Count staff and Library staff, would be available for public inspection at the library. Mr. Starmer P roceeded to explain the details of the site plan concept and schematic design for the expansion to the Cape Canaveral Library as approved by the City Council several weeks earlier. Mr. Nicholas questioned the number of volumes of books to be provided and Mr. Starmer stated that the number of volumes included 16,000 volumes in the children's section, 4 -6,000 in the youth section, with an overall total volume of 75- 80,000. Ms. Kathy Stewart, Brevard County, stated that one -third of the volumes were checked out at any one time, therefore although the library planned to have 80,000 volumes they were not planning to have shelvin g for 80,000 books. Mr. Starmer displayed schematic drawings for the site plan, floor plan, and elevations and described improvements to the entryways. Mrs. Anna Kelly, Library Board member, questioned the use of the Art in Public Places program in conjunction with the library expansion, and whether or not any decisions to use pieces of art or stained glass windows should be made in time to advise the architects before construction began. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated g . that the Count Commissioners had already reviewed the Art in Public Places Program and their Y direction had been that the County would incorporate the funds that it could to allow for the project within the design, such as opportunities to display artwork by adding lighting equipment or providing alcoves to display art. There were no dedicated funds to purchase paintings or pieces of sculpture. Mr. Starmer explained that there were several ways to incorporate art into the facility. He stated that within the lobby area there would be a large open corridor that could be utilized to display artwork. Mr. Bisley stated that the next step in the process would be to meet with the Art in Public Places committee to review the overall library expansion design to explore ideas for the inclusion of artwork in the library. The focus of the Commission had been to have a program for rotating artwork throughout the public facilities in Brevard County. Resident questioned the amount of additional space to be added to the library; Mr. Starmer stated that the addition encompassed 6,000 sq. ft. and the existing building was slightly less than 9,000 sq. ft. Mr. Starmer stated that another public meeting would be held in late November and the site plan documents would be available for public inspection at the library. After a ten -- minute break, the meeting reconvened. NEW BUSINESS: Mayor Salamone rearranged the items under this portion of the agenda as needed. 2. Ordinance No. 38 -94 tiLig a Franchise to Time warner Entertainment Corn an L.P. to construct o rate and maintain a cable television system in the Citv. for first readin . Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COIVIPA , NY L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON-EXCLUSIVE FRANCHISE• PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS , • PROVIDING FOR THE TERRITORIAL AREA INV PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR SCHE . US E OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF S TREET OCCUPANCY • PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Ordinance No. 38 -94 at first reading. Mr. Boucher stated that included in the agenda packet was the second revision to the franchise agreement, subsequently there had been changes presented by Time Warner that were included in the agenda packet as a separate document. He had come to a resolution with Time Warner on most of the outlined changes. He stated that there were three (3) issues that still needed to be decided including: 1) term of the agreement (10 or 15 years); 2) amount of the surety bond ($10,000 or $50,000); and 3) inclusion of the FCC standards in the agreement or incorporate some of the standards that were in the original draft of the agreement. pP Mayor Salamone supported a 15 -year agreement. Mr. Porter did not feel that a 15 -year y necessary. was agreement . Mr. Berger commented that ten (10) years may even be too long for g y the . a reement Mayor Salamone stated that since the agreement was non - exclusive and Time � y Warner would be spending significant funds in infrastructure and hardware it warranted a 15- p g y ear agreement. Mr. Nicholas agreed that 15 years was possibly too long. Ms. Diane Pickett, Time warner stated that Brevard County's franchise agreement with Time Warner was for 15 ears and the other agreements with municipalities within the County were for 15 years as well. She stated that there were no limitations in the agreement against improved technology. She commented on the company's five -year plan to upgrade the system and Time Warner's track City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 4 record as a leader in the cable television industry. Mr. Boucher stated that Florida League of Cities had sent him three (3) examples of franchise agreements that had been negotiated after the 1992 cable legislation including Bellair Park (10 years), Gultbreeze (8 years) and Pembrook Pines (10 years). He felt the agreements reflected the current trend for agreements of ten (10) years or less. He stated that the proposed agreement did not include any mandated upgrades to the system; any upgrades would be at the discretion of Time Warner. Mayor Salamone had asked for an opener clause in the contract for the amount of the franchise fees to allow the 3% franchise fee to be increased at a later date if needed. Ms. Pickett stated that the provision allowed for 90 days notice at any time during the length of the agreement to change the amount of the franchise fee. Ms. Pickett stated that the agreement was non - exclusive and the company hoped that there would be opportunities to bring other services into the City. She briefly explained the situation with the Titusville cable franchise which had been owned by TCI and Time Warner had taken over the franchise during a corporate trade. Mrs. Mary Winchester suggested allowing only a five (5) year agreement. Mr. Irving Krause questioned how many cable franchises operated within Cape Canaveral; Mayor Salamone answered that at present there was only one (1) cable company operating a franchise within Cape Canaveral. Mr. Frances Kuhn, 102 E. Central Boulevard, commented that he had recently moved from Titusville and he strongly favored the TCI cable system over the Time Warner system and he advocated a short franchise agreement. Mr. Boucher questioned if Council felt that a $10,000 surety bond offered the City adequate protection of its interests. He stated that the surety bond needed to protect against non - payment of franchise fees or removal of facilities within the public right -of -way. He stated that the trend for surety bonds in other agreements had been $50,000 - 100,000. There was further discussion regarding the amount of the surety bond. Mr. Porter stated that Council needed to negotiate the best deal possible for Cape Canaveral citizens and he supported a ten (10) year agreement. Mr. Nicholas mentioned the sewer franchise agreement with the Port which had appeared to be a good agreement at the time of negotiation and as time progressed, things had changed and the agreement was no longer as adequate as it had been originally and he also supported a ten (10) year agreement with Time Warner. Mayor Salamone stated that she would not agree to the contract that evening because it had not been presented to Council in final format. She questioned whether Council was satisfied with the FCC standards as written. Mayor Salamone was in full agreement of utilizing the FCC standards in the agreement rather than the performance standards that were included in the original draft agreement. Mr. Boucher stated that he had received an opinion from Florida City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 5 League of Cities (FLOC) on customer service standards and he distributed copies of the opinion to Council and Ms. Pickett. Mr. Randels stated that the opinion stated that FCC standards were minimum not maximum standards. Ms. Pickett asserted that the FCC standards were very strict and uite thorough and her company did not have problems with customer service or quality q g standards. Mr. Berger commented that he had two (2) very unpleasant experiences with Time Warner which were related to customer service. Mr. Porter stated that the FLOC opinion showed that adoption of the FCC standards alone did not create an enforcement mechanism. He stated that the City could adopt the FCC guidelines, but it should also include a mechanism to enforce the guidelines. Discussion followed regarding the guidelines and the associated enforcement mechanisms. Mr. Nicholas questioned if the franchise agreement allowed the City the option to purchase the cables stem. Mr. Boucher stated that only in the case that Time Warner did not renew the y franchise agreement would the City have the option to purchase the system. Mr. Nicholas stated that the same option that had been in the old agreement should be included in the new franchise agreement. Ms. Pickett stated that the federal law regulated cable and that the franchise could be terminated only under specific federal guidelines. Mr. Boucher summarized the direction given by Council regarding the franchise agreement including: 1) Council concurred with a ten (10) year term of agreement; 2) Surety bond -Mr. Berger and Mr. Porter - $50,000 surety bond, Mayor Salamone - $ 10,000 surety bond; Ms. Pickett suggested that since the franchise fees were $33,000, that the bond be $30,000 - Council concurred with Ms. Pickett's suggestion; and 3) Inclusion of the FCC standards and Council wanted to further review the language suggested in the original draft agreement. Mr. Boucher stated that he had recommended that there be reporting requirements for customer standards including the availability to review three (3) years worth of complaint records. There was extensive discussion regarding the FCC standards, reporting requirements, settlement of disputes, and customer performance standards. Ms. Pickett explained Time Warner's complaint system and the computer process used by the company to change customer records, enter new records, and schedule service calls, etc. Mr. Randels gave several examples of other franchise agreements involving the city whereby the City received monthly activity reports of complaints/concerns. Ms. Pickett stated that only written complaints were kept on file and that there were no data printouts available of complaint records. She explained that Cable Data Services prepared all the bills for Time Warner customers. Mr. Porter stated that some technical advise was needed from Time Warner's data processing individuals regarding the availability of data relative to complaints. Mr. Tim Grady stated that there should be a way to access complaint data from Time Warner's computer system and he felt that the City should have access to the information which would prove beneficial to the city. Mayor Salamone spoke against the City managing the cable business and that the City should not be inundated with another business's problems. Mr. Nicholas asked that the City Manager pursue the matter further as he was interested in having access to complaint records to allow the City some ability to monitor the amount of complaints received. Mr. Boucher summarized that four (4) members of Council were looking for ways City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 6 to monitor the complaints for accountability purposes. Mr. Porter stated that the City received a 3 % franchise fee and that the City should add some value to that money and ensure that the citizens were protected. Mrs. Mary Winchester commented on several service glitches she had encountered with Time Warner. Mr. Nicholas questioned if there were any provisions in the franchise agreement for legislative slative char es regarding the control or operation of cable television. Mr. Boucher g g g commented that Section 25 dealt with re- regulation. Mr. Porter clarified that if the ordinance failed that evening, then the ordinance died; but if the ordinance was approved at first reading, it could be amended at the next workshop for second reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. S. Resolution No. 94 -55 Su ortin the creation and mission of the Economic Develo ment Commission of East Central Florida's Defense Su ortlDiversification Initiative. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING THE CREATING AND MISSION OF THE ECONOMIC DEVELOPMENT COMMISSION OF EAST CENTRAL FLORIDA'S DEFENSE SUPPORT /DIVERSIFICATION INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -55. Ms. Linda Weatherman, Executive Director of the Economic Development Commission (EDC) of East Central Florida, Inc., stated that the EDC was embarking on a new marketing program which emphasized industrial development and the existing industrial business base. She stated that the EDC was pursuing a Base Realignment & Closure Grant from the Florida Department of Commerce and the grant required resolutions from nearby communities. The grant would provide funding to enhance the economic development program. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 1. Ordinance No. 37 -94 Amendin Cit Code of ordinances Cha ter Administration to rovide for one 1 combined workshoD and re ular Cit y Council meeting per month and to eliminate one (11 City Council workshop meeting per month for first readin Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 2 -56, REGULAR MEETINGS SECTION 2 -58, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 7 WORKSHOP MEETINGS SECTION 2 -59, PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING, SECTION 2 -60, PREPARATION AND NOTICE OF AGENDA SECTION 2 -62, PRESIDING OFFICER, SECTION 2 -63, SERGEANT AT ARMS SECTION 2-64 CALL TO ORDER QUORUM ROLL CALL, SECTION 2 -65, MINUTES SECTION 2 -66 CONSIDERATION OF MATTERS BEFORE COUNCIL, AND SECTION 2- 68, GENERAL DISCUSSION TO PROVIDE FOR ONE (1) COMBINED WORKSHOP AND REGULAR CITY COUNCIL MEETING PER MONTH AND TO ELIMINATE ONE (1) CITY COUNCIL WORKSHOP MEETING PER MONTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 37 -94 at first reading. Mr. Randels stated that out of the three (3) proposals presented, he favored Option No. 2 which allowed for one ( 1 ) worksho p and one (1) regular meeting at the beginning of the month and one (1) p combined workshop and regular meeting during the later part of the month. Mr. Nicholas questioned why changes to the number of meetings was necessary and he felt that Council Y g was limited in a constrained atmosphere during the combined meetings. Mayor Salamone stated p that durin g worksho p meetings s Council had time to fully discuss an issue, go home and think it over, and come back ready to make a decision at the regular meeting. She felt it was in the citizen's best interests that Council have time to argue and disagree in one session and have time to think about the arguments before voting on issues. Mr. Nicholas advocated continuing with the two (2) workshop meetings per month. Mr. Berger felt that items could be staggered to allow for discussion at the beginning of the meeting. He stated that 62 y meetings per year were too many. Mr. Nicholas commented that he went to all p City Board meetings. Mr. Berger supported eliminating the workshop meetings as a way to eliminate repetitiveness. Mayor Salamone stated that the meetings were an important part of pe . y small City government and that citizens should have time to have a say in how the government operated. Mr. Berger stated that on the survey there was only one city which met more than Cape Canaveral and that was Cocoa Beach. Mr. Randels stated that the Cocoa Beach Commission had recently voted to eliminate workshop sessions. Mr. Berger expressed that Council and the City ould run more efficiently than 62 meetings per year. He stated Councilmembers spent y . many hours of research time beyond the actual meeting time. Mr. Porter supported continuing on with the experiment of eliminating one (1) workshop meeting per month. Mr. Berger agreed with continuing with the experiment as well. Mr. Nicholas described items that disturbed him regarding the current method of operations such as time limits to bring p u items at meetings when the meetings concluded at 10:00 p.m., and then if he held the sterns to the next meeting the next meeting may be canceled. Mr. Randels stated that he sometimes felt that Council rushed through the agenda and there was insufficient time to bring up personal items. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page S Mr. Porter suggested starting the meetings at 6:30 p. m. to allow time to share ideas among Council or Mr. Berger suggested holding a one (1) hour workshop prior to the regular meeting. Mr. Nicholas stated that with the upcoming election there would be at least one (1) new individual on Council and he suggested that the issue be revisited after the election; Council concurred. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randel s Against 3. 'Resolution 94 -53, Reappointing members to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Resolution No. 94 -53 reappointing Jacqueline Coates, O. "Whitey" Dj uvstad and Bill Gleckner as regular members and Robert Murray as an alternate member. Ms. Miller advised that a revised Resolution No. 94 -53 and a suggested Resolution No. 94 -56 had been submitted to Council after preparation of the agenda packets due to Mr. Murray advising the Clerk's Office that he would like to be appointed as a regular member of the Board. Mr. Nicholas withdrew his motion and Mr. Porter withdrew his second to the motion. Mayor Salamone read the title of Resolution No. 94 -53. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Randels to adopt Resolution No. 94 -53 with Section 1 providing for the reappointment of Jacqueline Coates, O. "Whitey" Dj uvstad and Bill Gleckner as regular members of the Beautification Board with terms to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -54 Authorizing the Mayor to enter into a Statewide Mutual Aid City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting October 18, 1994 Page 9 Agreement for Catastrophic Disaster Response and Recovery. 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 A STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; PROVIDING FOR AN EFFECTIVE BATE. Motion b y Mr. Nicholas , y seconded b Mr. Randels to adopt Resolution No. 94 -54. Motion carried with members votin g as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Citv Mana er's Re rt. Mr. Boucher stated that he had received a letter from Brevard County Commissioner Karen Andreas regarding the parking fees at Jetty Park which would remain at a fee of $1.00. 7. Monthly Activity Reports. No comments. Motion by Mayor or Salamone, seconded by Mr. Nicholas for an add on item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone read the title of Resolution No. 94- A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUN'T'Y, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion b y M or Salamone, seconded by Mr. Porter to adopt Resolution No. 94-56 to appoint Robert Murray as a regular member of the Beautification Board with a term to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC COMMENTS: 1. Mr. Frances J Kuhn, E Central Boulevard, re: sewer /garba�e fees. Mr. Frances Kuhn stated that he had recently purchased a condominium in Cape Canaveral and City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting October 18, 1994 Page to he was seriousl y thinking of returning to Titusville or Merritt Island. He spoke against paying for services that he was not receiving such as vacant apartments being charged for sewer and garbage charges. He stated that the City had the opportunity to determine if apartments or buildings were vacant. Mr. Kuhn spoke at length regarding his concerns regarding City operations, specifically the sewer /garbage collection charges. He advised that he would be placing his property on the market for sale and moving out of the area. DISCUSSION: 1. Mr. Potter summarized the status of the City of Cape Canaveral vs. Royal Mansions lawsuit by explaining that there had been a hearing before Judge Evander earlier in October and Judge Evander found that the City ordinance which prohibited dally rentals was valid. Judge Evander also made a factual determination that the units in the past had been rented for periods of less than one (1) week. Mr. Potter felt that Judge Evander's rulings had significantly improved the City's position and the ease had been noticed for trial shortly after the first of the year. 2. Mr. Nicholas commented that the City had received a notice of a recent Brevard County Commission meeting which included an item whereby several beachside communities were being classified with an urban County designation. He questioned the benefits of such a designation and whether or not the City should be interested in same. 3. Mr. Porter mentioned the benefits of debating issues publicly. ADJOURNMENT: There being no further business, the meeting adjourned at 9:12 P.M. Approved this 1st day of ATTEST: Novemb r 1934. Cc C. amone, MAYOR 4 wthG. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING November 1, 1994 A Special Meeting of the Cape Canaveral City Council was held on November 1, 1994, 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 Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim Assistant City Attorney City Clerk PUBLIC HEARINGS: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present Patrick F. Healy Present Faith Miller Present 1. Discussion Re: the City of Cape Canaveral's Amended wastewater Facilities Plan,. Amended Capital Financing Plan, and Dedicated Revenue requirements. Mr. Boucher stated that Mr. Gary ReVoir, Hartman & Associates, would present an explanation of the City's Amended wastewater Facilities Plan, Amended Capital Financing Plan, and Dedicated Revenue requirements for the wastewater /reuse project. Mr. Gary Renoir, Hartman & Associates, stated that the information presented in the Facilities Plan was consistent with the City of Cape Canaveral's Comprehensive Plan. He stated that the Facilities Plan was developed to support the State Revolving Fund (SRF) loan application. He commented that in the preparation of the Plan, including the Capital Financing Plan, there were various documents used to support and develop the Plan (listed on References attachment). Mr. Renoir proceeded to explain in detail each of the following items (also shown on overhead projector to the audience) : • Cape Canaveral service area map showing entire City limits and the Port Canaveral area; • Existing Land Use acreages table and map, including developed and vacant acres; Statistics: Climate - Moderate Soils - Good for development Beach soils - Not suitable for development Surface water - Banana River - Aquatic preserve Air quality - Generally good, except for periodic emissions from power plants in the area Plant & Animal Populations - wwTP will not significantly impact any endangered species City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 2 Existing Process Flow Schematic - Existing facility is a 1.8 mgd secondary treatment facility with some partial nutrient removal capabilities; clarification, chlorination, and de- chlorination prior to a discharge into the Banana River; sludge holding and sand drying beds to dewater the sludge prior to hauling to the County landfill. 0 Annual Average Daily Flow Projections; * Indian River Lagoon Act, Chapter 90 -262, Laws of Florida - required owners of existing wastewater treatment facilities discharging into the Lagoon or its tributaries to: cease discharging or demonstrate the need for continued discharge by July 1, 1995, and investigate the feasibility of utilizing reclaimed water for beneficial purposes by July 1, 1392. • Population and Wastewater Flow Projections - included population projections up to the year 2013 (11,750) with a projected total anticipated flow capacity of 1.705 mgd. Effluent disposal options - the original feasibility study submitted by Post, Buckley, Schuh & Jernigan had recommended a wetland treatment system; the City proceeded toward that wetland system until last year when the City was approached by the City of Cocoa Beach to provide reuse in a bulk quantity. The City went back and evaluated the cost effectiveness of the reuse which determined that the maximum reuse system was more cost effective. 0 Capital Cost Summary and Present Value Analysis of Reuse Alternatives; • Wastewater Treatment Options Analysis Summary of Nutrient Removal - the Five Stage Bardenpho nutrient removal process in combination with a maximum reuse system was the most cost effective treatment and effluent disposal alternative. 0 Effluent Parameters; * Wastewater Treatment Options Analysis Summary - included filtration and disinfection alternatives with continuous backwash filters and chlorination/de- chlorination being the most cost effective methods; Sludge Treatment and Disposal Options Analysis Summary - evaluation of Class A and B sludge alternatives; dewater and dispose of sludge in County landfill being the most cost effective; City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 3 Proposed Process Flow Schematic for the new wastewater treatment facility which included new pretreatment structures, screening, grit removal, new AwT nutrient removal facilities, chlorination and de- chlorination facilities for discharge to the river, filtration and high level chlorination for reuse applications. s Estimated Project Cost wastewater Treatment Plant Facility Improvements - total cost including City contribution - $4,687,276 (included loan service fee, loan repayment reserve, capitalized interest estimate). 0 Estimated Project Cost Maximum Reuse System - total cost including City contribution - $4,995,748 (included loan service fee, loan repayment reserve, capitalized interest estimate) . • Capital Financing Plan Summary - User fee increases required: 1995 - 0%; 1996 - 24.8%; 1997 - 2.98%; 1998 - 0%; 1999 - 0%; Average residential user charge /per month /customer - 1995 -- $13.92; 1996 - $17.37; 1997 - $17.89; 1998 - $17.89; 1999 - $17.59. Implementation Schedule - Plant to be built - 1995; plant on line - 1995; complete construction of reuse system - 212196; begin SRF loan repayments - 2197. Wastewater System Facilities Plan Recommendations - implement the following cost - effective alternatives: 1 } Upgrade the treatment facility to include a new pretreatment system, treatment system additions to achieve biological nutrient removal to AwT levels, new clarification systems, and new filtration system; 2) Select the sludge management alternative of providing dewatering prior to land filling; and 3} Construct reclaimed water supply, transmission and distribution system to provide 750,000 gpd of reclaimed water to the City of Cocoa Beach pursuant to the interlocal agreement and to maximize the use of the remaining reclaimed water produced at the Cape Canaveral wwTP within the City limits of the City of Cape Canaveral. Mr. Berger questioned data included on the annual average daily flow chart. Mr. ReVoir stated that the peak flow was in 1991 and the low flow rate was in 1993. Mr. Berger questioned if a 10% contingency in the construction operation costs would be reasonable to cover unanticipated expenses. Mr. ReVoir stated that the State funding was based on the 10% contingency. Mr. Berger commented that 10% was not a realistic amount with regard to the reuse system construction. Mr. ReVoir stated that the original estimated costs were based on City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 4 30% contingency, but conservative line item estimates were used along with the 10% contingency to be consistent with the State. Mr. Porter stated that Council needed to take a close look at phasing the construction of the reuse system considering the overall estimated cost of the construction of the total system. The public hearing was closed as there were no additional comments from the public. 2. Resolution No. 94--57 Adopting the Amended wastewater System Facilities Plan for the Cit y of Cape Canaveral. Mayor S alamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDED WASTEWATER SYSTEM FACILITIES PLAN FOR THE CITY OF CAPE CANAVERAL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 --57. Mr. Boucher stated that Council would be adopting the City's Amended wastewater Facilities Plan, Dedicated Revenue, and Capital Financing Plan which included maximum reuse. He stated that after the Plan was adopted it would be forwarded along with the meeting minutes to the State to reapply for total funding of the complete reuse system. Mr. Porter stated that the City could still decide to construct the reuse project in phases if necessary. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. ADJOURNMENT: There being no further business, the meeting adjourned at 6:58 P.M. Approved this 15th day of November 1994. 1 Joy C. S m one, MA OR ATTEST: Faith G. Miller, CITY CLERK ATTENDEES CITY COUNCIL SPECIAL MEETING NOVEMBER 1, 1994 Name Lc�k 0 Phone No. Byrn) 539 - 39 s5 y c � j �c0 /o�2 -T&f -A73 0 L) U -7 q - s 6, 9 Li d � . � -�DoZ X8"`6 z s— CITY COUNCIL REGULAR MEETING November 1, 1394 A Regular Meeting of the Cape Canaveral City Council was held on November 1, 1994, 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 Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim Assistant City Attorney City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present Patrick Healy Present Faith Miller Present 1. Regular City Council Meeting of October 18, 1994. Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of October 18, 1994, as presented. Motion carried With members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 38 -94, Granting a Franchise to Time Warner Entertainment_ Company, L.P., to construct o erate and maintain a cable televisions stern in the City for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON - EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVED; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 2 USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 38-94 at second and final reading. Mr. Randels spoke briefly regarding several key points within the franchise agreement including the customer service standards which were above and beyond the FCC standards. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Motion Re: Quarterlv „budget transfers. Motion by Mr. Randels, seconded by Mr. Porter to accept the quarterly budget transfers as presented for the quarter ending September 30, 1994. Mayor Salamone stated that Council really liked to see the $106,000 placed in contingency. Mr. Randels questioned the inclusion of 50% of the sick time and loo % of the vacation time accrued as an unfunded liability. Ms. Haggerty stated that the addition was the implementation of GASB 16 which required that the FICA tax liability and pension be included as unfunded liabilities, as well as the inclusion of sick and vacation time which was standard practice. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No. 94 -58 ApWinting are ular member to the Zoning Board of Ad'ustment. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 3 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94--58 for the appointment of Earl McMillin as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Resolution No. 94 -59 ADDointing a re ular member to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -59 for the appointment of Russell W. ward as a regular member of the Code Enforcement Board in the Citizen designation with a term to expire on October 1, 1997. Mr. Randels suggested that new Boardmember packets be hand delivered to new Boardmembers. Mr. Nicholas suggested that an orientation session be held for new Boardmembers as well. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. CAY Manager's Report. Mr. Boucher reported that 83 children attended the Halloween party sponsored by the City's Recreation Department. Mr. Boucher stated that the Department of Revenue had reviewed the City's millage certification documents and determined that it meet the Truth in Millage (TRIM) Certification. Mr. Boucher announced that the Canaveral Port Authority passed a resolution opposing Cocoa Beach's resolution on the use of the Tourist Development (TDC) funds because the TDC had City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 4 earmarked 25 % of their funds for beach renourishment in the future. Mr. Boucher stated that with regard to the State Revolving Loan (SRIF) he had received word from the Department of Environmental Protection (DEP) that there had been a cut in their federal funding and that there were no funds available for the 1995 allocation. He had inquired as to what course of action could be taken by the City and DEP in Orlando stated that the City could receive a nine (9) month extension to the Indian River Lagoon Act that would extend the time limits to March 31, 1996. He stated that DEP in Tallahassee had advised that if the City was first in line for 1996 funds, the City could start drawing on the funds in October, 1995, which would allow six (6) months to construct the reuse system. Mr. ReVoir stated that the reuse system could be constructed within six (6) months. Mr. Boucher advised that Tallahassee had advised that the City should proceed with its public hearing, process the loan application and then by December the City would have an approved application ready for funding. He stated that he had been advised that it was not unusual for a funding cycle to occur without at least one community forfeiting its allocation and if the City was ready on January 1, 1995, and another community forfeited their funds, then the City would have first right to the available funds. The City had scored 865 points for its project which made it the highest scored City requesting funds. Mr. Nicholas questioned if the City had to wait until 1996 to receive the funds would the interest rate be increased and Mr. Boucher responded affirmatively based on current market trends. There was discussion regarding the availability of sewer fund reserves. Mr. Boucher stated that DEP had advised that legislation had been passed that gave cities who were mandated by the Indian River Lagoon Act priority over other cities for the SRL funds. He stated that currently the two million dollars left available in SRL funds was being distributed to three (3) communities for planning purposes. Mr. Nicholas recommended that the City approach the Brevard County Legislative Delegation for assistance. Mr. Boucher reiterated that DEP would give the City a 9 -month extension and Mr. Porter stated that the time would allow the City to complete a comprehensive survey of the City to determine who would be willing to pay for and hook up to reuse water. DISCUSSION: 1. Mr. Berger questioned the status of the reconstruction of Lift Station No. 1. Mr. Boucher advised that the Public Works Director felt it would be beneficial to wait until the beginning of 1995 to re -bid the project. 2. Mr. Berger commended Mr. Revoir for an excellent job in preparation of the Amended Wastewater Facilities Plan. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 5 3. Mr. Nicholas referenced the notice of intent to sue with regard to the road collapse on West Central Avenue and questioned whether the City had notified its insurance company. Mr. Boucher responded that the insurance carrier had been notified and that the insurance company would be notifying the attorney that the City had no liability due to the road collapse being caused by the City of Cocoa's water main break. 4. Mr. Nicholas questioned how rapidly the City was progressing with rehabilitation of the sewer lines. Mr. Boucher stated that Mr. Cluskin was waiting for the County's bid process to be complete because he wished to piggy -back off the County's bid. ADJOURNMENT: There being no further business, the meeting adjourned at 7:28 P . M . Approved this 15 th da y of 1,edber 994 W9 ATTEST: r tamone, MAYOR Faith G. Miller, CITY CLERK .. - CITY COUNCIL w•. SPECIAL MEETING ' November 11 1994 i Meeting of the Ca Canaveral City Council was held on Nov A Special g Cape ember 11, 1994, at the C y it Hall Annex 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:00 P.M. by Councilmember Rocky Randels. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Acting Deputy City Clerk BUSINESS: Joy Salamone Absent John Porter Absent Arthur Berger Absent Leo Nicholas Absent Rocky Randels Present Bennett Boucher Absent Susan Stills Present 1. Resolution No 94 -60 Certifvin¢ results of General Election held on November 8. 1994. Mr. Randels stated that since a quorum was not present that this item be tabled and placed on the regular scheduled meeting agenda of Tuesday, November 15, 1994. ADJOURNMENT There being no further business, the meeting adjourned at 5 :03 P.M. Approved thi F , 6 th day of Decmber ATTEST: 1994. John K. Porter, MAYOR Faith G. Miller, CITY CLERK CITY COUNCIL COMBINER WORKSHOP AND REGULAR MEETING November 15, 1 994 A Combined workshop and Regular Meeting of the Cape Canaveral City Council was held on November 15, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:03 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim City Attorney City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present 1. S ial and Regular City Council Meetings of November 1 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Special and Regular City Council Meetings of November 1, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Resolution No 94 -60, Certifying the Results of the General Election (November 8. 1994). Mayor Salamone read the title of the Resolution and the results of the Mayoral race and the three (3) referendum questions. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 8 1934; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -60. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Pro Tem Porter, on behalf of the City Council, City administration and the citizens, presented Mayor Joy C. Salamone with a plaque in recognition of her six (6) years as Mayor. He stated that the City owed Mayor Salamone a large debt of gratitude for all efforts on behalf of the City. Mayor Salamone stated that she felt she was leaving the City in great hands, but it was also a sad time for her. She said she would miss the contact with all the constituents, City Boardmembers, City staff, and all the others she had come to know over her years as Mayor. She stated that she had a great deal of respect for all of the individuals she had served with over City of Gape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 2 the past six (6) years for all of their time and energy spent on behalf of the City. 2. Oath of office for new Ma or. Mr. William Potter, Interim City Attorney, gave the Oath of Office to newly elected Mayor John Porter. Mr. Porter proceeded to his seat as Mayor of the City of Cape Canaveral. Mayor Porter introduced Mrs. Helen Filkins, President of the Cape Canaveral Citizens Association. Mrs. Filkins presented Mrs. Salamone with a bouquet of roses in appreciation for all of her time and efforts as Mayor over the past six (6) years. Mayor Porter stated that he was proud to be the City's new Mayor and he thanked all of his supporters and family for their support during his campaign. He stated that he would work diligently during the next three (3) years to secure the trust and faith of the individuals who had not felt that they could support him during his campaign for Mayor. He stated that he would strive to make the City's administration an administration which worked together to make things happen. He spoke briefly of his future plans for the City and commended each of the members of the City Council, the City Manager, City Attorney and City Clerk for their attributes and contributions to the City. Mayor Porter concluded by stating that the City had a fantastic team of employees and the City would be working hard toward making many positive things happen for the City. 3. Resolution No 94 -61 electin Ma or Pro Tem. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Berger to adopt Resolution No. 94 -51 with the addition of the name of Rocky Randels as Mayor Pro Tem in Section 1. Mr. Berger agreed wholeheartedly with the appointment of Mr. Randels as Mayor Pro Tem. Mr. Randels stated that he would be honored to serve. Motion carried with members voting as follows: Mayor Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -62 a rovin the final lat of Park Villas Phase II. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "PARIS VILLAS, PHASE II" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -62. Mr. Randels City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 3 spoke in favor of the Resolution. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 5. Discussion ^& Motion Re: Authorization to submit COPS FAST grant _application to the U.S. Department of Justice. Mr. Boucher stated that the City had received a grant application from the U.S. Department of Justice to obtain funding for up to 75 % of wages and benefits for new police officers for the City and he recommended that Council approve submittal of the grant application. Motion by Mr. Nicholas, seconded by Mr. Randels to authorize the City Manager to file the application for a COPS FAST grant from the U.S. Department of Justice. Mr. Randels spoke in favor of the application. Mayor Porter stated that the citizens had recently passed an increase in the police millage and if the grant application was approved and funding was provided by the federal government then immense pressure would be taken off the need of increasing the millage as passed by the citizens. He stated that if the City was successful in securing the grant 75% of the cost of hiring and maintaining two (2) additional police officers would be paid for three (3) years by the federal government. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 6. Discussion & Motion Re: Authorization to enter into a 1994 SBA Tree Planting Program Grant Agreement. Mr. Boucher stated that he recommended that Council authorize the City Manager to enter into the agreement with the State of Florida, Department of Agricultural & Consumer Services, for the 1994 SBA Tree Planting Program Grant. He stated that Council had included the matching funds of $26,164 in the FY 94195 budget for a total project cost of $56,328. Motion by Mr. Nicholas, seconded by Mr. Berger to authorize the City Manager to enter into the 1994 SBA Tree Planting Program Grant Agreement. Mr. Randels stated that the City would be planting 250 trees along the presidential streets within the City beginning at Washington Avenue and progressing south. Mayor Porter stated that the grant was another example of the benefits of utilizing grant monies for City projects. He stated that the trees to be planted would be indigenous to the area and would be shade trees. Mrs. Ann Thurm stressed the importance of maintenance of the trees. Mayor Porter stated that under the SBA grant application, the City must commit to a three (3) year maintenance program of watering, fertilizing, pruning and general maintenance. He stated that the City would maintain the trees as required. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 7. Monthl Activit Re rts. Mr. Nicholas asked if Council could receive additional information from the Fire Chief relative to the false alarms reflected on the monthly report. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 4 8. Citv Mana er' s Re ort . Mr. Boucher stated that he spoken to the Canaveral Port Authority officials and he questioned the status of the sand bypass project. He stated that the bid would be awarded that week and the low bidder submitted a bid of $4.1 million, the Army Corps of Engineers had estimated $4.3 million, and the Port expected to issue a Notice to Proceed within 30 days. The Port hoped to have the project in line within the first two (2) weeks of January, 1995. Mr. Boucher stated that the City had inquired with the Sheriffs Department the possibility of implementing a "Citizens on Patrol Program" and the Sheriffs Department had evaluated a similar program in west Palm Beach and had determined that Cape Canaveral would serve as a pilot area for the program beginning within the next two (2) months. Mayor Porter briefly described the community policing program. Mr. Boucher stated that Michael Oluskin, Public works Director, had found a DEP Grant application for reuse projects and he had submitted the pre - application form the previous week. Mr. Boucher stated that he would be on vacation the following week. DISCUSSION: 1. Mr. Nicholas stated that the City should be very grateful for the sand that had been placed on the beaches earlier in the year since Tropical Storm Gordon had eroded so much of the sand during the past week. He stated that the sand had served as a buffer and he suggested sending a letter of thanks to the Port Authority. 2. Mr. Nicholas questioned if the City knew the status of the Internal Improvement Fund land. Mr. Boucher had not received any recent input. Mr. Randels stated that transfer of the land was in the final stages and should be completed within the next two (2) weeks, he stated that the mitigation projects were presently being completed. ADJOURNMENT: There beiniz no further business, the meeting adjourned at 7:30 P.M. Approved this 6th day of December 1394 r ohn K. Porter, MAYOR ATTESTz with G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING December 6, 1994 A Regular Meeting of the Cape Canaveral City Council was held on December 6, 1394, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P . M . by Mayor Porter. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember City Manager Interim City Attorney City Clerk PRESENTATIONS: John Porter Present Rocky Randels Present Arthur Berger Present Leo Nicholas Present Bennett Boucher Present William Potter Present Faith Miller Present 1. Presentation by Warren A Wright Chief. Environmental Public Affairs. Department of the Air Force, re: Restoration Advisory Board. Colonel Randy Bunner, Patrick Air Force Base (PAFB) Civil Engineer /Squadron Commander, representing General Robert S. Dickman, Commander of the 45th Space wing, explained the new Restoration Advisory Board (RAB) program. The Board would be an integral part of ongoing environmental clean -up activity at PAFB and Cape Canaveral Air Force Station. He stated that members of the RAB would provide input to the clean -up processes by reviewing documentation on the individual clean -up sites that were being studied. He stated that he was seeking the City's assistance in soliciting volunteers from Cape Canaveral to become members of the RAB. Colonel Bunner stated that past practices of the Departments of Defense, Interior, and Energy had clearly polluted federal installations for many years and their main goal was to restore all of the federal installations to safe conditions and clean up any contaminated environmental sites. Colonel Bunner stated that their goals included: 1) identification of all historic sites where contamination existed; 2} determination of the extent and type of contamination at the sites and assessment of the risk to human health and environment; and 3) implementation of all actions to move or reduce the risks to human health and environment in compliance with all state and federal statutes and regulations. Warren Wright, Chief, Environmental Public Affairs, stated that the Department of Defense had committed millions of dollars to clean -up bases across the U.S. Mr. Wright further explained the specifics of the Restoration Advisory Board (RAB). He stated that individuals that were interested in Base activities and what was being done to clean -up past deficiencies were invited to volunteer for the RAB. The RAB was designed to provide a forum for discussion and public input regarding the clean -up activities. It was estimated that members of the RAB would spend approximately 30 days a year dealing with Board activities. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 2 Mr. Wright stated that interested individuals' applications would be reviewed by a Selection Committee. The Committee would be made up of members of the 45th Space Wing, along with State regulatory agency representatives that oversee Base activities and members of the community and would be chaired jointly by a member of the community elected by the members of the RAB and a senior official of the 45th Space Wing. It was anticipated that the RAB would consist of 25 -30 members and the term of office on the Board would be set by the RAB members. Mr. Wright responded to questions from Council. He stated that he had left several RAB applications with the City Clerk for distribution to interested parties and that he would be starting a press campaign to publicize the RAB information after the holidays. ADOPTION OF MINUTES: 1. Sp ecial Citv Council Meeting of November 11 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of November 11, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 2. Combined Worksho & Regular Cit Council Meeting of November 15. 1994. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop & Regular City Council Meeting of November 15, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Resolution No. 94 -64 Electinp, a Successor Council Person to serve until the November 1995 Munici al Election. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREV ARD COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NOVEMBER 1995 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Berger to appoint Buzz Petsos as a Council Member to serve until the General Election scheduled for November 7, 1995. Mr. Nicholas stated that there were two (2) individuals who had expressed interest in the position, Buzz Petsos and Helen Filkins. He stated that both individuals were very well qualified and he mentioned the experience and qualifications of both. Mr. Nicholas stated that he felt it would be in the City's best interests to select Mrs. Filkins to fill the Council vacancy. He also stated that if Mr. Petsos City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 3 was selected, the City would not suffer and he thanked both applicants for taking an interest in the City. Mr. Berger and Mr. Randels also felt that both individuals were well qualified. Mayor Porter commented that the City was very lucky to have two (2) such well qualified candidates. He stated that Mr. Petsos had come forward during the most recent election to qualify as a candidate for the Council member position that was now to be appointed. Mayor Porter agreed with Mrs. Filkins and Council that there was no doubt that the City must maintain the beaches commercial- building free. Mr. Nicholas stated that two (2) seats would be open in the November 1995 election and that Mrs. Filkins had also run for a seat on the City Council in the past. Mrs. Paula Collins, resident of Ocean woods, explained that Mrs. Filkins was a dedicated public servant and also President of the Cape Canaveral Citizens Association. She stated that Mrs. Filkins knew the history of the City and that she would be a "guardian" over the City's best interests. Motion carried with members voting as follows: Mayor Porter For Mayor Pro Te m Ran del s For Councilmember Berger For Councilmember Nicholas Against 2. Oath of Office for new Councilmember. Mr. William Potter, Interim City Attorney, gave the oath of Office to newly appointed Arthur "Buzz" Petsos. Mr. Petsos proceeded to his seat as a Council Member of the City of Cape Canaveral. After a ten -- minute break, the meeting was reconvened. 3. Resolution No 94 -65 Authorizing the City to enter into a Le al Services Contract with Amari Theriac & Eisenmen er P.A. by and throw h Kohn Bennett. Mayor Porter 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 A LEGAL SERVICE CONTRACT WITH THE LAW FIRM of AMARI, THERIAC & EISENMENGER, P.A. , BY AND THROUGH KOHN BENNETT AS A MEMBER of THE FIRM, To PROVIDE LEGAL SERVICES To THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE BATE. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 4 Motion by Mr. Randels, seconded by Mr. Berger to approve Resolution No. 94 -65 authorizing entering into the legal services contract on an hourly basis. Mayor Porter stated that in the case of zoning challenges that the City would look to an outside law firm to handle any such challenge and he hoped that the City should seriously consider utilizing the firm of Potter, McClelland, Marks & Healy, P.A. Mr. Nicholas clarified that the hourly contract was for $70.00 per hour for normal services and $90.00 per hour for litigation activities. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 4. Resolution No 94- 63, ReaDpointing members to the Construction Board of Adjustment & Appeals. Mayor Porter read the title of the Resolution, A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -63. Mr. Berger questioned whether or not Donald Haynes was still actively building or holding an occupational license in the City. Motion by Mayor Porter, seconded by Mr. Nicholas to table the item until clarification was obtained. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Resolution No 94 -66 Appointing, an alternate member to the Library Board. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter to adopt Resolution No. 94 -66 to appoint Rosann Gallagher as an alternate member of the Library Board. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 6. Resolution No 94 -67, Anointing an alternate member to the Planning &Zoning Board. Mayor Porter announced that Mr. Petsos had submitted a letter which stated that he resigned City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 5 from the Planning & Zoning Board effective December G, 1994, which allowed Council to fill the regular member vacancy promptly. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Randels to adopt Resolution No. 94 -67 appointing R. Lamar Russell as a regular member and John H. Fredrickson as an alternate member of the Planning and Zoning Board. Mayor Porter spoke in favor of both appointments and the experience and backgrounds of the appointees. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 7. Resolution No. 94 -68 Appointing a re ular member to the Recreation Board. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Petsos to adopt Resolution No. 94 -68 for the appointment of Bob Gorham as a regular member of the Recreation Board. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 8. Resolution No. 94 -69 A I alternate members to the Zon Board of Ad Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) ALTERNATE MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter to adopt Resolution No. 94 -69 appointing Marilyn A. Rigerman as the First Alternate and Joan Calvert as the Second Alternate to the Zoning Board of Adjustment. Mr. Nicholas stated that he had a conflict of interest and would not be voting on the matter. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 6 Motion carried with members voting as follows: Mayor Porter For Mayor Pro Tem Randels For Councilmember Berger For Councilmember Nicholas Abstained Councilmember Petsos For Mr. Potter stated that the only requirement for the Construction Board of Adjustment and Appeals was that the Board be composed of individuals with knowledge and experience in the technical codes such as design professionals, contractors or building industry representatives. There was no requirement that the members be residents or maintain a business within the City. Motion by Mr. Nicholas, seconded by Mr. Berger to remove Resolution No. 94 -63 from the table. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Motion carried on the original motion for Resolution No. 94 -63 With members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 9. Motion Re: Annual Christmas bonuses. Motion by Mr. Randels, seconded by Mr. Berger to approve the Christmas bonuses for City employees for a total expenditure of $4,857.57 ($2,530.97 - general fund; $2,326.59 - sewer fund). Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 10. Motion Re: Approval of cooperative purchases. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the cooperative purchases as requested by the Public Works Director. Mr. Nicholas suggested that in the future that this type of item be prepared as a resolution that would list each of the items. Mayor Porter read into the record the recommended cooperative purchases: Requisition No. Vendor #2595 Western Waste Industries #2600 Brevard County Solid Waste #2573 C &. S Chemicals #2599 Aramark Services Amount Materials Purchased $ 5 Hauling of sludge 23 Sludge disposal fees 15,456 WWTP chemicals 5 Employee uniforms City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 7 #2806 Glover Nisbits Oil Company 3600 Unleaded gas Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 11. City Manager's Report. Mr. Boucher stated that Council had received a memo regarding the possibility of an add -on item, Resolution No. 94 -70, re: opposing mandated functional reclassification of roadways. He stated that he had spoken to Susan Hann, MPO Staff Director, who had indicated that no roadways within the City of Cape Canaveral would be affected by the program, but she would appreciate the City's support in adopting the Resolution. Motion by Mr. Berger, seconded by Mr. Nicholas for an add -on item. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; OPPOSING MANDATED FUNCTIONAL RECLASSIFICATION, OPPOSING MANDATED PRIORITIZATION FOR EXPENDITURE OF STATE HIGHWAY FUNDS AND SUPPORTING TRANSFERS BY MUTUAL CONSENT; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to approve Resolution No. 94 -70. Mr. Nicholas stated that a State mandate changed Central and Ridgewood Avenues from City to County streets. Mr. Randels gave a brief summary of the criteria for State roads. Mr. Nicholas stated that he would like Central and Ridgewood Avenues back under City control and he questioned what the City could do to regain control of these roads. Mr. Boucher stated that the County was responsible for maintaining Central and Ridgewood Avenues. He stated that zoning and everything else regarding the streets was still the responsibility of the City. Mr. Nicholas stated that the County's control affected speed limits set on the streets, and the construction of sidewalkslbikepaths along the affected streets as well. Mayor Porter stated that the possibility of regaining control of Central and Ridgewood Avenues may be discussion for a subsequent workshop. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mr. Boucher distributed copies of the revenues and appropriations from the County's impact fee program and the County had agreed to set aside $93,691 for improvements to North Atlantic. He stated that the County wished to work with the City and staff to identify viable projects along City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 8 North Atlantic. He stated that impact fees could not be used for maintenance, but could be used to enhance infrastructure, i.e. sidewalks, turn lanes, etc. Mayor Porter stated that it would be worth exploring the possibility of obtaining matching fund grants for construction of bikepaths. Council concurred to further discuss the use of these funds after City staff had met further with County staff regarding the impact fees. Mr. Boucher stated that the City of Cocoa had provided information relative to a "Pilot Billing Program" for direct billing of the sewer customers within the Port. He stated that any administrative cost per customer for this billing service would be passed along to the customers. Mr. Randels spoke in favor of the billing proposal as the City had no mechanism or ability to collect sewer delinquencies from Port customers. Council concurred to initiate the Pilot Billing Program along with the associated administrative costs involved. Mr. Boucher distributed copies to Council of a draft City Coals & Action Plan that he had prepared. Mr. Boucher reported that the Brevard Legislative Delegation would be meeting on December 20, 1994, January 18, 1995 and February 3, 1995 and he questioned whether Council had any items which it wanted presented to the Delegation. Mr. Boucher stated that Mr. Nicholas had questioned a County agenda item relative to endorsement of a comprehensive street lighting safety study and he had spoken to Sue Hann regarding same. He advised that the County was reviewing the areas where night time accidents were occurring to identify needed lighting improvements. Mr. Boucher stated that he had spoken to Ed Anderson, Florida Power & Light (FPL), regarding City concerns with lighting along A 1 A and Mr. Anderson had driven on A 1 A one evening and had counted 55 lights out along A 1A from the south limits of Cocoa Beach to the north limits of Cape Canaveral. Mr. Anderson would further investigate the reasons for the excessive amount of street lights out and pursue replacement of same. Mr. Nicholas mentioned that Jim McKight, City Manager of Rockledge, had been able to receive a credit from FPL due to a number of lights within Rockledge being in need of replacement. Mr. Boucher stated that Todd Peetz, Brevard County Planner, had logged in a total of 33.5 hours through November 28, 1994, on City related work. Mr. Boucher reported that Hartman & Associates would not be ready on the final design of the whole City on the reuse project until late February 1995. The bid on the wastewater plant modification and the first phase of the reuse project would be advertised and let out until the end of January, 1995. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 9 DISCUSSION: 1. Mr. Berger questioned if Mr. Boucher had ranked the engineering firms who had responded to the City's request for proposals. Council had previously discussed "short listing" the list of 13 firms to five (5) firms who would in turn be scheduled for presentations before Council. 2. Mr. Petsos thanked Council for its support and he looked forward to working as a member of the City Council. 3. Mr. Randels stated that his goals were handwritten and he would have it typed and given out to the remainder of Council. 4. Mr. Randels stated that the following day a seminar on Economic Opportunities would be held at the Radisson Resort. S. Mr. Randels stated that he had been selected to attend a 3 -day Advanced Institute for Elected Officials in Tallahassee. 6. Mayor Porter stated that he had previously discussed with Council the idea of Council members going out to condo/homeowner/other association meetings once every three (3) months, which would provide a total of four (4) meetings with constituents per year for each member of Council. Mr. Berger stated that he had requested a list of the number of meetings involved and Ms. Miller advised that her office was working on such a list. Discussion followed regarding the Mayor's suggestion. Mr. Berger, Mr. Petsos, and Mr. Randels expressed their interest in pursuing such meetings with area associations. 7. Mayor Porter reported on discussions that were held during a recent Local Government Cooperative Committee meeting. He stated that it had been discussed that all four (4) entities should band together to pursue road improvements through the MPO. He stated that there was quite a push to reclassify TDC monies back to beach renourishment, beach related activities and promoting tourism throughout Brevard County. Mrs. Ann Thurm commented that the TDC money had been earmarked for the County's part of the government study being completed by the Corps of Engineers. Mr. Randels stated that Mrs. Thurm was a member of the Erosion Control Advisory Board. Mayor Porter thanked Mr. Berger for his submittal of draft goals and he asked that the remaining Council members submit their draft goals as well. He advocated that the Council come together to find a common direction in order for the City to move forward. Mr. Randels stated that he served on the County's Beach Improvement Fund Board and the Board had approximately $69,000 of funds that were earmarked for beach related projects. Council was in favor of pursuing the TDC funds for planting erosion control plants or extending City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page lO dune crossovers once the sand was received. Mayor Porter stated that he hoped to include discussion of the City's Goals and Action Plan after all of Council member's goals were included on one overall draft, on the next Council meeting scheduled for December 20, 1994. Council concurred. ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 P. M . Approved thi s 20th day of December , 1994. ohn K. Porter, MAYOR ATTES f Faith G. Miller, CITY CL RK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA "' "' DAME- FIRST NAMi:--- MIDDLE NAME: NAME OF BOARD. COUNCIL. COMMISSION. AUTIIORITY. OR COMM11TL1; /7 ;r MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY 0R COMMI - ItE ON �' r WHICH I SERVE IS A UNIT OP •� ``' ° } CITY ❑ COUNTY ❑ OTI I ER LOCAL AGENCY CITY COUNTY L.,� J� r V •' V J f � NAME OF POLITICAL SUBDIVISION: / �� G' f DATE ON WIIICY VOTE OCCURRED I, / - � C I - MY ros ION IS: LEC T ❑ APPOINTIVE - ./ WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who arc presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 1 63.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis arc not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother -in- jaw, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations describcd above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T" * VOTE W LL BE TAKEN: * You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form.in the minutes. * A copy of the form must be provided immediately to the other members of the agency. * The form must be read publicly at the next meeting after the form is riled. CE FORM 811 - 10-9I I'AC& I CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING December 20, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on December 20, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 :02 P.M. by Mayor Porter. ROLL CALL: Mayor Mayor Pro Tem. Councilmember Councilmember Councilmember City Manager City Attorney City Clerk John Porter Present Rocky Randels Present Arthur Berger Absent Leo Nicholas Present Buzz Petsos Present Bennett Boucher Absent Kohn Bennett Present Faith Miller Present ADOPTION OF MINUTES: 1. Re ular Cit y Council Meetinii of December 6. 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of December 5, 1994, as presented. Motion carried with members voting as T follows: Mayor Porter, For; Mayor Pro Tem Randels, For; For = ';=�-F Councilmember Nicholas, For; Councilmember Petsos, For. i r NEW BUSINESS: 1. Interview of D Board members. Mr. Kohn Bennett, City Attorney, directed questions to the following individuals who Were interested in appointments to City Boards: Donna Boone, Tony Hernandez, III, and Nancy Young. Mayor Porter directed the City Clerk to prepare two (2) resolutions for the next Council meeting, one to appoint Ms. Boone and Mr. Hernandez as alternate members of the Code Enforcement Board and one to appoint Mrs. Young as an alternate member of the Beautification Board. 2. Resolution No. 94 -71. Reappointin�a regular member to the Construction Board of Adjustment and Appeals. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 2 Motion by Mr. Randels, seconded by Mr. Petsos to approve Resolution No. 94 -71 for the reappointment of Walter Bowman to the Construction Board of Adjustment and Appeals with a term to expire on December 15, 1996. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randel s, For; -, For; Couneilmember Nicholas For; Councilmember Petsos For. rn.,u.� rt 3. Discussion & /Motion Re: Short list of consultant engineering firms who res onded to RFP No. 94 -06, and scheduling of consultant presentations before City Council. Mayor Porter stated that each Council member had been asked to list five (5) top choices from the 13 firms who submitted proposals for consultant engineering services. He stated that the City Manager, Building Official and the Public Works Director had each submitted their top five (5) choices as well. He suggested that staff's recommendations also be considered when selecting the top five (5) choices. Mayor Porter asked the City Clerk to tabulate Council and staff s top five (5) choices while Council moved on to the next agenda item. 4. Discussion Re: City Goals Action Plan and Mission Statement. Mayor Porter stated that he hoped to accomplish an agreement among Council for the items included on the City Goals and Action Plan and then hand the Plan to the City staff to determine timelines, whether or not there where expenses associated with implementation of each item, the potential return on any investments, and impacts /benefits of new or enhanced services. He hoped to get an agreement in principal that evening and then turn the Plan over to staff to complete proposed timelines, amount of funds involved, and the return on each investment to enable Council to decide whether or not to carry out a particular program. Mayor Porter suggested reviewing each item included in the Plan. He further explained to the audience that the action items included in the Plan were a compilation of the following: items from each member of Council and the City Manager; items identified during citizen participation process of a special Council meeting held on 3/31194; suggestions for items for potential grant funding submitted by department heads in early 1994; and communications /City image suggestions submitted by City Clerk. The Plan was divided into seven (7) themes including: 1) City Enhancement & Beautification; 2) Planning /Economic Development/Redevelopment; 3) Public Safety; 4) Infrastructure; 5) Parks & Recreation /Culture; 6) Communications/ City Image; and 7) Grant Writing/ Volunteer Programs. There was general discussion regarding the potential for burying of utility lines, the lar quantity of vacant office buildings within the City, and the possible need for additional code enforcement activities. Mrs. Martha Seymour presented a petition signed by residents of East Central Blvd. to the City Clerk for distribution to the City Council which requested that the Council do something to improve their neighborhood and to see "all partially constructed projects finished within a timely City of Cape Canaveral, Florida Combined workshop & Regular Council Meeting December 20, 1994 Page 3 fashion, absolutely, no later than one year from now. The situation has devalued our property and the City has let this go on for too long. " Mrs. Seymour stated that they had approached 19 of their neighbors and of the 19, 17 signed the petition. Mayor Porter stated that Goal No. 1.3 of the Action Plan provided for "code enforcement activities throughout City on a proactive and cooperative basis, rather than reactive" and No. 1.3g which read "consider passage of an ordinance to limit the amount of time buildings can be under construction without substantial progress". Mayor Porter stated that he had received numerous complaints regarding the same situation during his recent election campaign. Council concurred that the buildings needed to be finished. Mayor Porter asked, with Council's permission, for the City Attorney to work with staff to develop an ordinance to require substantial completion of building projects within a certain time frame. He stated that the ordinance was not intended to impact an individual who was building their own primary residence. He also asked that Mrs. Seymour be contacted when the matter was placed on an upcoming Council agenda. Mr. Tom Quinn stated that when some of the permits were originally pulled the SBCCI Code read differently than it presently did and prior Codes may have only allowed building permits to be effective for one (1) year. Mayor Porter stated that the proposed ordinance would need to take into consideration all future building or be adopted on a retroactive basis. He asked that the matter be scheduled as a workshop item for the Council meeting scheduled for January 12, 1995. Mayor Porter stated that the ordinance was not to address any particular properties, but was to used on a City -wide basis. Discussion continued regarding the City Goals and Action Plan beginning with Theme No. 1, City Enhancement and Beautification as follows: 1. la - Mayor Porter addressed his concept of "regreening Cape Canaveral" through the use of volunteers and his overall plan for a volunteer coordinator to establish a volunteer database based on input received from residents on volunteer application forms; item to be given to Beautification Board for development for residential areas and Commercial Development Board for commercial areas. 1.lb -c No change. 1.1 d - Mr. Nicholas stated that he would like to see the City construct a bicycle path along Astronaut Boulevard to continue the bikepaths within the City to tie in with the bicycle path at the Port which would then provide a loop which would run up North Atlantic, around the Port, and back down again. He stated that the City needed to present the bikepath plans to the MPO to obtain their permission and potential funding for the additional bikepaths. 1. le - Research availability of funds through Brevard County MPO for the enhancement /upgrading of AlA. 1.1 f - To be addressed by Beautification Board. Mayor Porter spoke regarding a possible program whereby plants would be planted in residents' yards City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 4 to be maintained by the residents and the plants would be purchased through the City at a wholesale rate. He stated that the City would be in a leadership role to motivate people to plants trees and bushes in their yards to enhance their property. 1.1 g - Council asked that the Public works Department research and report back on the feasibility of a City nursery. Mr. Nicholas referenced a subscription to a market bulletin he received from the State of Florida which listed used nursery equipment for sale. 1.lh - Mayor Porter suggested that possibly the Port could incorporate landscaping into its interchange project and the entrance to the City and the City could possibly in turn supply reuse water for the project. Council asked that Mayor Porter discuss the idea of reuse water in exchange for heavy planting /landscaping at the next Local Government Cooperative committee meeting. Mr. Nicholas proposed that on the west side of A 1 A, where the IITF property was located, that the City allocate funds to place a new entrance sign on the subject property. There was general discussion regarding whether or not providing street sweeping services four (4) times per year was adequate. Council asked the Streets Division to address the problem and provide feedback to Council. Mr. Randels suggested scheduling one section of the City Coals and Action Plan for each subsequent Council workshop to allow further discussion and exchange of ideas. Mayor Porter felt that the Council needed to provide direction to staff, the volunteer boards, and the community as a whole in order to move forward quickly while there was momentum. 3. Discussion &Motion Re: Short list of consultant en ig n��, firms who responded to RFP No. 94 -06, and scheduling of consultant presentations before City Council (Continued Ms. Miller reported the tabulations of the short list of consulta engineering firms as follows: Based on Council & Staff's recommendations: AJT & Associates, Inc. Allen Engineering, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Stottler Stagg & Associates, Inc. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 5 Based on Council only recommendations: AJT & Associates, Inc. Byer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Pan American Design Services, Inc. Stottler Stagg & Associates, Inc. Mayor Porter stated that he was prepared to proceed with the aggregate total recommendations including staff's input. Mr. Nicholas stated that Pan American was one of his choices and he explained his reasons for same. Motion by Mr. Randels, seconded by Mr. Nicholas to include the following six (b) firms in the short list of engineering firms to be interviewed by Council: AJT & Associates, Inc. Allen Engineering, Inc. Byer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Pan American Design Services, Inc. Stottler Stagg & Associates, Inc. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, ; e For ; Councilmember Nicholas, For; Councilmember Randels For. i- fI Council concurred to schedule a special Council workshop meeting for Saturday, January 14, 1995, at 9:00 a.m. and to allocate 15 minutes for each presentation, 10 minutes for questions of each firm, and 5 minutes in between presentations. 5. Discussion Re: Quarterly meetings with constituents. Mayor Porter suggested that each Council member try to attend one condo association meeting and report back to Council on whether or not they wished to continue meeting on a regularly scheduled quarterly basis with the condo /homeowners associations throughout the City. He asked that the City Clerk's office begin scheduling Council members' attendance at the subject meetings on the basis of each Council member attending one meeting every three (3) months beginning in January 1995. Council asked that the list contain only associations which actually meet in Cape Canaveral and contain Cape Canaveral residents. Mayor Porter also mentioned that several condo associations were not included on the list and the list would be revised as needed. Mr. Randels stated that he had three (3) meetings scheduled in January with condo associations to explain the sand transfer project which would be beginning in January as well. Mayor Porter City of Cape Canaveral, Florida Combined workshop & Regular Council Meeting December 20, 1994 Page 6 stated that he had asked Ms. Miller to provide a written notice to all the affected homeowners along the beachfront due to the heavy equipment involved and the noise and lights 24 hours a day during the extent of the project. 6. Monthly Activily RM s, No comments. 4. Discussion Re: Cit y Goals Action Plan and Mission Statement. Discussion continued regarding the Action Plan: 1.1 j - No change. 1.1 k - There was general discussion regarding the feasibility of burying power lines. Mr. Randels expressed that possibly there was an option available to the City when the reuse lines were run to Cocoa Beach and the trenches were dug that then would be an appropriate time to go ahead and bury the power lines. Mayor Porter stated that FPL had suggested that PVC pipe be laid all along the trench for the reuse lines for future use to bury power lines. He advocated studying the feasibility of laying the PVC pipe as soon as possible. Mr. Nicholas asked that the City Manager send a letter to FPL advising them that the City wished to obtain technical inputs, etc. regarding the feasibility of burying the lines and laying the PVC pipe and ask for a written response. Mayor Porter asked that the City Clerk add the action items as discussed by Council to the City Goals and Action Plan document. He also stated that Council would want to see timelines and return on investments for the action items as well. 1.2a - Gazebos and shelters along beach ends - Council concurred to delete this item. 1.2b - Ongoing project. 1.2c -d Mayor Porter asked that City staff put together a request to the TDC' s Beach Improvement Committee for funds to extend beach crossovers out to where the new beach will be will the addition of the sand from the sand transfer plant and revegetation of the dunes. Mr. Randels stated that the Port had also obtain federal funds for the renourishment and replanting of the beach dunes as well. Theme No. 5, Parks & Recreation/ Culture 5. la - Recreation Dept. /Grant writer currently working on this item. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 7 5. lb - Mayor Porter referenced his idea for establishing a volunteer database. 5. lc - No change. 5.1 d - obtain input from Public works Director regarding the potential for a manatee education /observation area with a riverside boardwalk in the vicinity of the wastewater treatment plant. 5.1 e - Mayor Porter spoke in favor of providing programs to address the needs of young adults ages 12 -17. Mrs. Nancy Hanson, Recreation Director, stated that she was looking into the potential for a drop -in youth center with morning activities for seniors. Mayor Porter stated that the City should look into the purchase of the United Agencies building (Master Plan concept) to be used for either City Hall expansion and/or drop -in youth center, volunteer program /grant writer offices, etc. He stated that federal or private foundation funds may be available for crime prevention and youth programs. Mayor Porter stated that Mr. Nicholas may be interested in researching the Master Plan concept for City facilities. 5.1 If - No change. 5.1g - Mayor Porter suggested ways to include Cape Canaveral children in Cocoa Beach programs such as use of their olympic -size swimming pool. There was discussion regarding other partnership possibilities for recreation programs. 5. lh - Item being addressed FRDAP grant. 5. li - No change. Mayor Porter stated that the City Attorney may not need to remain through the remainder of the meeting during Council's discussion of its goals. Mr. Bennett stated that he felt it was time to start doing workshops with each of the City Boards relative to land planning issues, procedures, etc. He stated that he planned to attend a Board of Adjustment meeting prior to scheduling workshops with the City Boards. Mrs. Marilyn Rigerman stated that she had attended a seminar at BCC whereby participants had watched a video presentation regarding role playing of special exception and variance hearings and she had asked that the City purchase the video. She stated that she had asked the Board of Adjustment secretary, Susan Chapman, to make arrangements to procure the video for the City. Mr. Petsos stated that Mr. Bennett had sent the Planning & Zoning Board the Attorney General's reading of the Snyder and Jennings cases (Brevard County had requested an interpretation from the Attorney General) and he asked that Mr. Bennett interpret the Attorney General's opinion. Mr. Bennett left the meeting at this time. 5.1 j -k No change. 5.11 - Change "evaluate the need for a community center /gymnasium" to a heading with items 5.le -f as sub - headings. 5.1 m - Mayor Porter stated that the item also applied to the Communications City of Cape Canaveral, Florida Combined workshop & Regular Council Meeting December 20, 1994 Page 8 theme as well. 5.1 n -- No change. There was general discussion regarding marketing strategies and communications ideas including locator maps and welcome books. Mrs. Hanson stated that Council may wish to include an item relative to researching the potential for a neighborhood community park on the east side of A 1 A near the north end of the City and Council concurred. Council continued discussion under Theme No. 1, City Enhancement and Beautification 1.3a -e No changes. 1.3f - Mr. Petsos stated that review of the City's sign ordinance was the next project for the Planning & Zoning Board. Mr. Randels stated that the ordinance was on the books, but was not being enforced. Mayor Porter advocated working together with the business community to promote compliance with the City's sign ordinance and he suggested inviting all individuals with non - complying signs to an evening meeting to discuss ways to bring their signs into compliance. Mr. Nicholas stated that Council needed a definitive list of violations. Mayor Porter expressed that as a group, Council and business owners, could work together to resolve the sign issue. Mr. Nicholas also asked that Code Enforcement go out and take photographs of the signs and provide a written account of the extent of each violation. Mayor Porter supported approaching the business community and explaining why the City was promoting sign compliance as an overall means of cleaning -up and improving the City's appearance. 1.3g - This item was discussed earlier in the meeting. 1.4a -b No changes. 1.4c - Architectural Review Board Ad Hoc Committee to recommend to Council the formation of an Architectural Review Board. The Architectural Review Board in con j unction with the Beautification Board and the Commercial Development Board would work together to develop a City theme. 1.4d - No change. 1.4e - Separate this item into two (2) separate items - "Research annexation possibilities for Avon -by- the -Sea area" and "Aggressively seek County /City partnership for clean -up of Avon -by- the -Sea area". 1.4f - Delete item. Theme No. 2 Planning/Economic Development/Redevelopment: 2.l a-c No changes. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 9 2.1 d - Mr. Nicholas agreed to research whether or not the owner of the United Agencies facilities was even interested in selling his property. 2. le - Address this item through the Comprehensive Plan update process through the Local Planning Agency. 2.1 If - No changes. 2.1 g - Delete item. 2. lh - No changes. 2.2a - Address through Commercial Development Board and Communications theme. 2.2b - Commercial Development Board. 2.2c - Commercial Development Board. Mayor Porter spoke briefly regarding the use of interns, volunteers as business liaisons to visit and provide information packets to area businesses, and the Small Business and Industry Council for an incubation center to serve as a resource center to small businesses. 2.2d -f No changes. Mayor Porter suggested that Council may want to assign areas of interest based on the themes included in the City Goals and Action Plan. Theme No. 3,. Public S afety : 3.1a -b No changes. 3.1c - Mayor Porter explained that this item was meant to address more police visibility through the use of bicycle /walking patrols. 3.1d -e No changes. 3.1 If - Community policing programs through the use of citizen volunteers. 3. lg - Council advocated more proactive, higher visibility of police through the use of bicycle and walking patrols. Mayor Porter stated that Councilmember Petsos appeared to be very interested in the public safety concerns and he may want this area to be his area of interest. 3. lh -i No changes. 3.1 j - Mr. Petsos stated that if citizens called the after hours police number it was not answered. He stated that the outside phone by the Sheriffs department and signs along the beach ends listed the after hours phone number to call for a non- emergency. He felt that the calls needed to be forwarded to the central dispatch number or answered through some other type of system. Mayor Porter stated that the deputies could possibly use cellular phones to handle non - emergency calls. 3.1k -o No changes. Council concurred to address Council members' areas of interest at the next Council workshop City of Cape Canaveral, Florida Combined workshop & Regular Council Meeting December 20, 1994 Page 10 meeting scheduled for January 12, 1995. Theme No._ 4, Infrastructure 4. la -d No changes. 4.1e -g Mr. Randels would like to see the City's budgeting process include appropriated amounts in each years' budget to fund future capital purchases. Mayor Porter suggested looking at long -term capital purchases when placing funds into reserves and earmark the funds for specific future purchases. Mr. Nicholas stated that the City could take any surplus funds, carry the funds forward and allocate the funds for specific future purchases. Mr. Randels suggested that funds be allocated from the current year's budget to also fund future purchases. Mayor Porter asked that these items be addressed during the upcoming budget process for the FY 95196 budget. There was general discussion regarding allowing City departments to carry over excess funds if the department were able to come in below budget to fund capital purchases for the following year. Discussion continued regarding ways to encourage departments to save funds. 4. lh -k No changes. 4.2a -f No changes. Theme No. 6 Communications/City Ima e and Theme No. 7 Grant Writing/Volunteer Programs Mayor Porter stated that most of the items included in these themes would not cost money, but if there was an expenditure that was not in line with the budget then it would be presented to Council as a whole. He felt that the City needed an overall Communications Plan which could be prepared by the City Clerk's office. Mayor Porter asked if Council members had any concerns /problems with any of the items included in the last two themes and none were noted. Mayor Porter stated that he would like to be the first contact person for media questions or information and if a particular subject was under another Council member's area of interest that the specific Council member be the point of contact for any media related items on that subject. DISCUSSION: I. Ms. Miller advised that Bid No. 94 -07, Tower Boulevard Paving and Drainage had been opened that day and three (3) responses were received. Staff would review same and the matter would be scheduled for January 3rd's combined Council meeting. City of Cape Canaveral, Florida Combined workshop & Regular Council Meeting December 20, 1994 Page 11 2. Ms. Miller stated that the wastewater treatment plant was supposed to have been bid that week, but as part of the State Revolving Loan agreement it was rewired that the City submit the bid specifications to FDEP for approval prior to advertising the bid. The bid would probably not be advertised until later in January, 1995. 3. Ms. Miller mentioned that the following statement "This meeting may include the attendance of one (1) or more members of the Cape Canaveral City Council who may or may not participate in Board discussions held at this public meeting" would be added to all City Board meeting agendas which was recommended by an Attorney General's opinion (AGO 91- 95 ). 4. Mrs. Rigerman stated that Council was well aware from the election results that the referendum on nepotism had overwhelmingly passed and she was glad to be back as an alternate member of the Board of Adjustment. 5. Mr. Petsos stated that the sand bypass project would be operating on a 24 -hour a day basis and he felt that something should be put in the local newspapers regarding the project. Mayor Porter stated that he had given the matter to Ms. Miller earlier that day and Mr. Randels would be attending various condo association meetings to provide information relative to the project as well. 6. Mr. Petsos stated that he would be sending Council a copy of House Bill No. 5 entitled "Citizens Access to Public Officials" and he suggested that the City prepare a resolution to support this legislation. Council asked that this item be included on the next meeting agenda. 7. Mr. Nicholas mentioned that some of the nameplates for Board members were of a smaller typeset and size and he asked that the nameplates be replaced to provide consistency in size, etc. ADJOURNMENT: There being no further business, the meeting adjourned at 10:58 P.M. Approved this 3rd day of _ January , 1994. Rocky Randels, MAYOR PRO TEM ATTEST: Faith G. Miller, CITY CLERK