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HomeMy WebLinkAbout01-18-1994 RegularADOPTION OF MINUTES: 1. Combined Workshop &Regular Meeting of January 4, 1994. Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Combined workshop and Regular Meeting of January 4, 1994 as presented. Motion carried with members x voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember g Y l Nicholas, For; Councilmember Randels, For. 1 f. NEW BUSINESS: 1. Discussion & Motion Re: Reimbursement of expenditures incurred by former Councilmember Ann Thurm in defense of ethics corn faint. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the reimbursement of legal fees and travel expenses in the amount of $941.25 to former councilmember Mrs. Ann Thurm in her defense of an ethics complaint. Mr. Kancilia advised that Councilmembers were entitled to recover from municipalities, attorneys fees incurred, if the ethics complaint was dismissed, along with the reimbursement of expenses as provided in Florida Statutes, Chapter 301. He explained that recovery to recoup the losses would not be likely in Mrs. Thurm's case, due to technical impediments and that the City would have to show that the action was filed maliciously and frivolously and the City would have to show damage. He noted that each case for reimbursement would stand on its own merits since the facts in each case were different. Mayor Salamone stated that she had requested at the last workshop meeting, that this agenda - item be posted for reimbursement for all people involved in the ethics complaint, not one person. She advised that Council had agreed that as a group, the City would pursue legal action against r the people who had caused these expenses for the taxpayers of Cape Canaveral. She explained that Council believed that the ethics complaint was unfair, frivolous and filed all at one time. Council agreed that the citizens of Cape Canaveral had a right to be reimbursed for the money CITY COUNCIL REGULAR MEETING _ January 18, 1994 '.s.9 ' A Regular Meeting of the Cape Canaveral City Council was held on January 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 Pro Tem Porter. ROLL CALL. Mayor Joy Salamone Present (Late) 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 Deputy City Clerk Susan Chapman Present ADOPTION OF MINUTES: 1. Combined Workshop &Regular Meeting of January 4, 1994. Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Combined workshop and Regular Meeting of January 4, 1994 as presented. Motion carried with members x voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember g Y l Nicholas, For; Councilmember Randels, For. 1 f. NEW BUSINESS: 1. Discussion & Motion Re: Reimbursement of expenditures incurred by former Councilmember Ann Thurm in defense of ethics corn faint. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the reimbursement of legal fees and travel expenses in the amount of $941.25 to former councilmember Mrs. Ann Thurm in her defense of an ethics complaint. Mr. Kancilia advised that Councilmembers were entitled to recover from municipalities, attorneys fees incurred, if the ethics complaint was dismissed, along with the reimbursement of expenses as provided in Florida Statutes, Chapter 301. He explained that recovery to recoup the losses would not be likely in Mrs. Thurm's case, due to technical impediments and that the City would have to show that the action was filed maliciously and frivolously and the City would have to show damage. He noted that each case for reimbursement would stand on its own merits since the facts in each case were different. Mayor Salamone stated that she had requested at the last workshop meeting, that this agenda - item be posted for reimbursement for all people involved in the ethics complaint, not one person. She advised that Council had agreed that as a group, the City would pursue legal action against r the people who had caused these expenses for the taxpayers of Cape Canaveral. She explained that Council believed that the ethics complaint was unfair, frivolous and filed all at one time. Council agreed that the citizens of Cape Canaveral had a right to be reimbursed for the money City of Cape Canaveral, Florida w . Regular City Council Meeting January 18, 1994 Page 2 that the City was about to expend for the people who served during that time. She advised Mr. Kancilia that Council would ask him to file a lawsuit to recoup the money as a City. She believed that combining the cases together would save the City money. Mr. Kancilia advised that combining the claims would be more economical. He did not believe that combining the claims would make one claim better than another. He would evaluate Mr. Porter's case more highly than Mrs. Thurm's because of the facts involved. He noted that a conspiracy could be alleged and that it would be possible to have the four complainants within the same suit under a conspiracy theory since the group of individuals conspired to cause damage to the City Council. Mr. Boucher advised that the Florida League of Cities viewed Mrs. Thurm's case as an administrative hearing not a judicial hearing, therefore, it was not covered under the City's errors and omissions insurance coverage. 2. Motion Re: Release of funds to fill one 1 full -time SecLdaa II and one 1 ) part-time Accounting Clerk oSltlon. Motion b y Mr. Randels, seconded by Mr. Berger to release funds to fill one full -time Secretary ~" II osition in the Building Department and one art -time Accounting Clerk position in the p g p p Finance Department. Discussion was held regarding a cost analysis prepared by Ms. Haggerty, City Treasurer, which outlined the costs for labor and benefits of a full -time Secretary II position. Discussion was held regarding the hiring of a new employee starting at the lowest pay rate. Motion by Mayor Salamone, seconded by Mr. Nicholas to amend the motion to spend an additional $4,554 if the motion passed on the Secretary II full -time position. Motion carried on the amendment with members voting as follows: Mayor Salamone For Mayor Pro Tem 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 Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Motion Re: Quarterly budget transfers. Motion by Mr. Nicholas, seconded by Mr. Berger to approve the quarterly budget transfers as City of Cape Canaveral, Florida 4 , x Regular City Council Meeting Janu a 18, 1994 Page 3 i 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. 4. Motion Re: Request for Proposals for cable system evaluation. Motion by Mr. Randels, seconded by Mr. Porter to authorize the City Manager to solicit proposals from qualified firms to assist the City in negotiating a new franchise agreement. Discussion followed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Motion Re: Certification to regulate basic cable service rates. Motion by Mr. Randels, seconded by Mr. Berger to authorize the City Manager to file for rate regulation of basic cable service rates and equipment. Discussion was held regarding cable rates. Mr. Boucher noted that Indian Harbour Beach had elected not to become certified. He ,r. stated that the only benefit the City would have by entering into the certification was that the PP FCC would appear at a public meeting announcing that there would be a rate increase. Mayor p g City Salamone advised that the had no control over the FCC. It was noted that once the City � y became certified, the FCC would be required to appear before Council, at a public hearing, before raising cable rates. Council agreed not to enter into the certification to regulate cable rates because entering into the contract would not enhance anything for the citizens or reduce expenses. Motion failed unanimously with members voting as follows: Mayor Salamone, Against; Mayor Pro Tem Porter, Against; Councilmember Berger, Against; Councilmember Nicholas, Against; Councilmember Randels, Against. 6. Resolution No. 94 -02 Supporting the formulation of a Local Government CoolDerative Committee. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING THE FORMULATION OF A LOCAL GOVERNMENT COOPERATIVE COMMITTEE BETWEEN THE CITY OF CAPE CANAVERAL; CITY OF COCOA BEACH AND THE CANAVERAL PORT AUTHORITY; PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by 11th. Porter to adopt Resolution No. 94 -02. Council agreed that this committee would be pro - active. Mayor Salamone would report to Council regarding the meetings. She asked that a copy of the resolution be provided to Cocoa Beach and the Port Authority. Motion carried with members voting as follows. Mayor Salamone, For, Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; City of Cape Canaveral, Florida --, Regular City Council Meeting s January 18, 1994 Page 4 Councilmember Randels, For. 7. Ordinance No 01-94. Amendin��City's Code of Ordinances Chanter 685. Parkin Regulations to allow the designation of fire lanes for first reading. Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AMENDING CHAPTER 685, PARKING REGULATIONS, OF THE CODE OF O RDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685 EST ABLISHING NO PARKING ZONES, RENUMBERING PRESENT SECTION 685.06 PENALTIES AND CREATING NEW SECTION 685.06, DESIGNATION OF FIRE LANES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Nicholas seconded b y Mr. Berger to adopt ordinance No. 01--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. -� � g r _ - Amendin Cit 's Code of Ordinances Section 645.05 Site Plan 8. Ordinance No. 02-94, Submittal and Review Procedures for first readin . Mayor Salamone read the title of the Ordinance. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING SECTION 645.05 "SITE PLAN SUBMITTAL AND REVIEW PROCEDURES" BY ADDING NEW SECTION 645.05( PROVIDING THAT THE PLANNING AND ZONING BOARD SHALL ONLY CONSIDER COMPLETED SITE PLAN APPLICATIONS; AIDING NEW SECTION 645.05(B)( PROVIDING TIME LIMITATIONS FOR REVIEW OF SITE PLANS PREVIOUSLY DENTED BY THE PLANNING AND ZONING BOARD; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion b y Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 02 - 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. 03 - 94 Amending Cit 's Code of ordinances Section 645.35 Zonin Ordinance Interpretation and Enforcement by deletine official to intelpret zoninp, re ulation s = for first reading. Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida --= - - Regular City Council Meeting January 1 1994 �-' Page 5 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.35, ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY AMENDING THE TITLE TO READ, ZONING ORDINANCE ENFORCEMENT BY DELETING OFFICIAL TO INTERPRET ZONING REGULATIONS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Ordinance No. 03 - at first reading. Mr. Nicholas voiced his concern regarding alleviating the Building Official as sole interpreter which would limit the enforcement ability of the Building Official. Mayor Salamone stated that City Council wanted the codes enforced the way they were written not by previous decisions made by City Council. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For - - - -e. Councilmember Nicholas Against i Councilmember Randels For 10. Ordinance No 05-94 Amending City's Code of Ordinances. Section 645.31, Reconsideration of Administrative Review, Special Exception or Variance, to clarify the exception of the time period for petitions for reconsideration filed by the City Council, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.31, RECONSIDERATION OF ADMINISTRATIVE REVIEW SPECIAL EXCEPTION OR VARIANCE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO CLARIFY THE EXCEPTION OF THE TIME PERIOD FOR PETITIONS FOR RECONSIDERATION FILED BY THE CITY COUNCIL; 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. 05 -94 at first reading as presented. Mr. Kancilia clarified that with this change, a citizen could approach a Council member to view a decision made by the Board of Adjustment, the Councilmember could then bring the matter before Council and Council could Vote to allow the Board of Adjustments to reconsider the request. Motion carried with members voting as follows: -� Mayor Salamone For Mayor Pro Tem Porter For City of Cape Canaveral, Florida - : Regular City Council Meeting T January 18, 1994 Page 6 Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For After a five minute break, the meeting was reconvened. 11. Ordinance No 06-94, Amendin City's Code of Ordinances Subsection (J) of Section 624.26. General Standards to eliminate replacement of structures which do not conform to Le quirements for Flood Damage Prevention for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AMENDING SUBSECTION J. OF SECTION 624.26, GENERAL STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO ELIMINATE REPLACEMENT OF STRUCTURES WHICH DO NOT CONFORM TO REQUIREMENTS FOR FLOOD DAMAGE PREVENTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND r PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 06 -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. 12. Ordinance No. 07 -94 Amendin Cit 's Code of Ordinances B re ealin Sectio 737.11, Signap, . for first readies Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 737.11, SIGNAGE OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; 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. 07 -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. 13. Ordinance No. 08 -94 Amendin s Cit ' Code of Ordinances Para rah 8 of Subsection B of Section 729.03 Issuance of Permit to extend the time of conclusion of an outdoor entertainment event for first readin . City of Cape Canaveral, Florida =_ Regular City Council Meeting January 18, 1994 Page 7 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING PARAGRAPH (8) OF SUBSECTION (B) OF SECTION 729.03, ISSUANCE OF PERMIT OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO EXTEND THE TIME OF CONCLUSION OF AN OUTDOOR ENTERTAINMENT EVENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Ordinance No. 08 -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. 14. Ordinance No. 09 -94 Amending City's Code of Ordinances Section 604.02 Prohibitin Consumption or Possession of Alcoholic Bevera a to provide that the C11 Council may waive the prohibitions of said section, for first reading . e v Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 604.02, PROHIBITING CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE OF THE CODE OF ORDINANCES OF THE CITY OF GAPE CANAVERAL TO PROVIDE THAT THE CITY COUNCIL MAY WAIVE THE PROHIBITIONS OF SAID SECTION; 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. 09 -94 at first reading. Motion carried with members Voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 15. City Manager' Report '70 Mr. Boucher explained that Forfeiture Funds could not be used for replacement of operating items. The funds could only be used for crime prevention or special items not previously --� budgeted. City of Cape Canaveral, Florida Regular City Council Meeting _ January 18, 1994 Page 8 Mr. Boucher reported that the Brevard Correctional Institution, in cooperation with Keep Brevard Beautiful, had provided 5,664 in mate labor hours and saved the City $36,079.68 during 1993. Mr. Boucher advised that Mr. Ron Ferland would be presenting preliminary information and suggestions regarding a water reuse system utilized by Cape Canaveral, Port Canaveral, and Cocoa Beach. He further advised that Burton & Associates would perform a cost analysis. This information would be presented at the next Council workshop meeting. DISCUSSION: 1. Mr. Kancilia advised that he would obtain an attorney general's opinion regarding the possibility of Mr. Lamar Russell serving as an ex- officio member of the Planning & Zoning Board. 2. Mr. Kancilia suggested that in the matter of Robert Abbott vs. City of Cape Canaveral, Council should defer discussion to Attorney Michael Roper to petition the court regarding reimbursement of costs. Mr. Berger advised that the Cocoa Beach Area Chamber of Commerce wished to place a boat float in the City's Patriot's Day parade. 4. Mr. Berger announced that the 1994 Seafood Festival committee was seeking volunteers. 5. Mr. Nicholas requested that Board packets be provided to him at all the City volunteer board meetings. 6. Mr. Randels referenced a report received from Mr. Ron Ferland regarding pump station #1. Mr. Boucher stated that Mr. Ferland would be reporting to Council at the next workshop meeting regarding the pump station. ADJOURNMENT: There being no further business, the meeting adjourned at 9:25 P.M. Ap thi s C C�t da of 1994 . �� y Joy . Sa0mone, MAYOR ATTEST: Susan L. Chapman, DEPUTY CITY CLERK '�Yl�