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HomeMy WebLinkAboutMinutes 03-15-1994 RegularCITY COUNCIL REGULAR MEETING March 15 , 1994 A Regular Meeting of the Cape Canaveral City Council was held on March 15, 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 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. Re ular Cit Council Meetine of March 1 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of March 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. PRESENTATIONS AND PROCLAMATIONS: 1. Employee of the Quarter i Mr. Bennett Boucher, City Manager, presented a plaque to Karen Pappas, Administrative Assistant for the Public works Department, recognizing her as the City's Employee of the Quarter. Mr. Boucher expressed his appreciation to Ms. Pappas for all her efforts on behalf of the City. Mr. Michael Gluskin, Public works Director, advised that Ms. Pappas volunteered for many City activities such as the Arbor Day Celebration, Patriot's Day Parade, etc. He stated that Ms. Pappas was an asset to the City and the Public works Department. Ms. Pappas stated that she appreciated working for the City and thanked everyone for their support. 2. Clean-Up Month - -Aril 1994 and Trash Bash Da -Aril 16 1994. Mayor Salamone read a proclamation designating April, 1994 as Clean -Up Month and April 16, 1994, as Trash Bash Day in the City of Cape Canaveral. She presented the proclamation to Councilmember Rocky Randels. City of Cape Canaveral, Florida City Council Regular Meeting F March 15, 1994 Page 2 NEW BUSINESS: 1. Ordinance No. 12 -94 Amending City Code of Ordinances, Chapter 626 Life Safet Code to ado t the 1991 edition of the Life Safet Code for first readin . Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AMENDING CHAPTER 626, LIFE SAFETY CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY ADOPTING THE 1991 EDITION OF THE LIFE SAFETY CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 12 -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. -`t 2. Ordinance No. 13 -94 Amending City's Code of Ordinances By deleting Section 611.03 S tand i e S ection Amended for first readin . Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA REPEALING SECTION 611.03, STANDPIPE SECTION AMENDED, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDDING FOR AN EFFECTIVE DATE. Motion b y Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 13 -94 at first reading. Dave Sar eant, Fire Chief, stated that the provision being repealed by the ordinance provided an excessive amount of coverage since the requirements for standpipe systems were included in the SBCCI Building Codes. Chief Sargeant advised that he had a meeting scheduled for the next da y y to meet with the Ci Manager, Building Official, and representatives of the Treasure Island Club to work out a timeframe to bring the condominium units into compliance with fire prevention devices (standpipe sprinklers) . Installation of the standpipe system was estimated at $20,000 which could be aid over a five -year period at a rate of $3.20 per month for each of P the 90 units within Treasure Island. 7 7� Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, r` For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. For; City of Cape Canaveral, Florida City Council Regular Meeting March 15, 1994 Page 3 3. Resolution No. 94-09 Authorizing the Mayor and City Clerk to enter into an apareement with the City of Cocoa Beach for sewage effluent reuse Motion by Mr. Randels for approval of Resolution No. 94 -09 as revised permitting the staff to resolve any disputed minor differences with Cocoa Beach that may be pending. Mayor Salamone stated that the City was not entering into the local agreement at this point, but were actually just approving the resolution. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -09. Mr. Randels stated that he wanted to allow City staff time to resolve any differences with Cocoa Beach. Mr. Kancilia expected to see at least one more revision of the agreement from Cocoa Beach. Mr. Boucher outlined the following changes to the interlocal agreement: s Page 4 (b), added the wording: "The commencement is, however, contingent upon receipt of connection fees due to Cocoa Beach from Patrick A.F.B. A delay in obtainment of said fees will cause a day - for -day time delay in commencement, but in no event shall such delay in commencement exceed one (1) year. " Mr. Nicholas questioned if the reference to connection fees from Patrick A.F.B. needed to be more specific. Mr. Boucher stated that the item would be discussed further with Cocoa Beach. Page 7, new paragraph entitled "Operations" was added which included provisions for a telemetry system. Mr. Boucher stated that the interlocal agreement was not on the Cocoa Beach Council's agenda for that evening. Mr. Kancilia advised that the City could contact the property owner, Cevesco, for an extension on the option date of April 1, 1994, or that the City could ask Cocoa Beach to call a special meeting to approve the interlocal agreement. Mayor Salamone stated that the option contract for the wetlands property could not be thrown out until the reuse agreement was signed by both parties. Mr. Nicholas commented that the agreement was highly loaded in Cocoa Beach's favor. Mr. Porter disagreed with Mr. Nicholas's opinion. Mr. Nicholas stated that the City was bearing the burden of cost for the entire reuse project and he questioned what portions of the reuse project were being paid by Cocoa Beach. There was discussion regarding Cape Canaveral being responsible for paying the costs to increase the size of the pipeline which would convey Cape Canaveral's effluent into the Cocoa Beach proposed ground storage tank immediately south of State Road 520. Mayor Salamone stated that the City was looking at options for reuse and that to actually be able to reuse the water was environmentally better for the system. She stated that the reuse system was worth investing in because of the many benefits to Cape Canaveral residents. Mr. Randels stated that perhaps the City had lost sight of its primary goal. He stated that two months ago, the City had been prepared to spend $10 million on the wetlands project to dispose of 1.8 mgd City of Cape Canaveral, Florida City Council Regular Meeting March 15, 1994 Page 4 of wastewater, and now a more economical solution had been presented to the City to dispose of its wastewater through reuse. He spoke in favor of the Cocoa Beach reuse option and against disagreeing about the actual minor cost differences when the overall reuse program was economically feasible over the wetlands option. Mr. Nicholas spoke in favor of the City obtaining the best deal possible with Cocoa Beach for the reuse water. Mayor Salamone stated that the City was going to enter into the interlocal agreement, however, Council would expect the City Manager to research the issues brought up by Mr. Nicholas. There was discussion regarding the City's ability to re- negotiate the actual amount of reuse water to be provided to Cocoa Beach, whether or not the City would have the flexibility to sell its reuse water to other entities such as the Canaveral Port Authority or the Canaveral Air Force Station, and the possibility of a 10 year agreement as compared to a 20 year agreement. Mayor Salamone stated that it was the consensus of Council that it was in the best interest of the City to enter into the interlocal agreement and Council concurred with her interpretation. Mr. Kancilia stated that the resolution as written would authorize the Mayor and the City Clerk to sign the interlocal agreement and tender it to the City of Cocoa Beach. If the City of Cocoa Beach were to accept the agreement as written without any changes and signed it, the City would have a binding agreement. If it was Council's intention not to empower Cocoa Beach to enter into a contract on the specific terms, Mr. Kancilia suggested that the resolution be changed to tender the document to Cocoa Beach as a "draft''. Motion by Mr. Porter, seconded by Mr. Nicholas to amend the motion to allow the City Manager to submit the interlocal agreement to the City of Cocoa Beach as a draft agreement. Motion carried with members 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, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone changed the order of business as follows. b. Resolution No. 94 -14 ApWinting a re ular member to the Commercial Develo ment Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting March 15, 1994 Page 5 Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -14 with the appointment of Burt Bruns as a member of the Commercial Development Board. Mr. Porter invited Mr. Bruns to attend the special workshop meeting scheduled for March 31 st in the Cape Canaveral library to discuss economic redevelopment plans for the City. 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 -11 App ointing an alternate 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 AN ALTERNATE MEMBER OF 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 -11 appointing Ann Thurm as the first alternate member of the zoning Board of Adjustment. 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. Resolution No 94 -12, Opposing reduction in the federal operating assistance for transit programs in the fiscal year 1995 budget. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; OPPOSING REDUCTION IN THE FEDERAL OPERATING ASSISTANCE FOR TRANSIT PROGRAMS IN THE FISCAL YEAR 1995 BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Resolution No. 94-12. Mr. Porter spoke against the Resolution and commented that there were other options available for mass transit within Brevard County that were not being utilized. Mr. Randels explained that he had spoken to Don Lusk, Director of Brevard County's Transit Services Division, regarding other possibilities for phone -in reservations for transportation via mini -vans rather full size buses. Motion failed with member voting as follows: �-- Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For City of Cape Canaveral, Florida City Council Regular Meeting March 15, 1934 Page 6 Councilmember Nicholas Against Councilmember Randels Against 7. City Manner's Report. Mr. Boucher stated that the Port had paid impact fees over the past several years in the amount of $280,000. Mr. Boucher reported that the Public Works Director would be submitting a drainage permit application to the St. Johns River Water Management District for the Tower Boulevard project. The City would not be soliciting bids on the project until the permit was received. He advised that Mr. Gluskin was preparing the NPDES permit application which would also be submitted by the end of March. Mr. Boucher stated that he had received the proposed layout of the upgraded sewer plant which included a 5 -stage Bardenpho process (Advanced Wastewater Treatment (AWT) Process). He stated that the total cost of the project would be close to $5.5 million with $6.0 million as the ceiling amount. ` Mr. Boucher thanked Nancy Hanson, Recreation Director, and Recreation and Public Works department employees who assisted in the preparation and planning of the highly successful Patriots' Day Parade. Mayor Salamone also expressed her appreciation to Mrs. Hanson and City staff for their efforts for the Patriots' Day Parade and Festival. DISCUSSION: 1. Mr. Berger questioned if Mr. Boucher had additional information regarding other options for the wetlands land. Mr. Boucher stated that he needed to meet with Mr. Firkins regarding the p roperty and the option contract. He questioned how much Council wanted to spend for additional land to be used as a buffer zone adjacent to the wastewater plant. Mr. Berger spoke in favor of purchasing 2 -3 acres of land to be used as a staging area for future expansion or for holding tanks if the City began its own reuse program. Mr. Boucher advised that he would continue to work on the idea and discuss same with Mr. Firkins. Mr. Nicholas felt that a maximum of two (2) acres would be needed and Mr. Berger felt that 3 -4 acres would be recommended. Mayor Salamone spoke in favor of four (4) acres for a park. 2. Mr. Berger referenced the letter received from Ocean Woods and Mr. Boucher stated that he would respond appropriately. 3. Mr. Berger questioned the status of negotiations with the Port. Mr. Boucher advised that he had meet with Burton & Associates the previous day and he felt that the Port was beginning to realize that it would receive the best deal by continuing to have its wastewater treated by the City. City of Cape Canaveral, Florida City Council Regular Meeting March 15 , 1994 Page 7 4. Mr. Nicholas questioned if information regarding the City's hauling of its sludge had been given to Mr. Abe and Mr. Boucher responded that he had forwarded same. 5. Mr. Porter referenced a letter received from the City of Sunnyvale regarding the need for community support of the Space Program and NASA in general and he asked if the City could prepare a resolution in support of NASA. 6. Mr. Porter commented on the Florida Development Impact Fee Bill (HB 1137) which would allow a local jurisdiction to waive impact fees from a particular project when it was determined that it would be in the public interest, permit an impact fee to be paid over a period of 20 years, and calls for the creation of a local advisory board and local appeals board. 7. Mr. Randels congratulated Mr. Berger and Aedile Contractors for receiving the Better Business of the Month Award from the Cocoa Beach Area Chamber of Commerce for January and February, 1994. _ 8. Mr. Randels stated that the City had been recognized for receiving the Central Florida Chapter of the National Safety Council Award for 1993. 9. Mr. Randels advised that Circle K convenience stores planned to have at least two (2) clerks on duty at all times at all of their 2,500 stores. 10. Mr. Randels commented that the trees he arranged to have donated to and planted in the City were being planted that week with 9 trees to be planted on the City playground, 11 trees for the ballfields and 5 trees for Veterans Park. Mr. Porter stated that he hoped to have tree groupings planted at the entrance to the City. Mr. Boucher stated that when the City received a commitment for a bulk load of trees then the A 1 A corridor would be reviewed for placement of the trees. 11. Mr. Randels explained that he had recently attended the Florida Shores and Beaches conference and he briefly described three (3) area projects that were presented at the conference. 12. Mr. Randels stated that the Port was planning to have media photographers at the beach end of Harrison Avenue on March 16th, at 1:15 p. m . , to photograph the progress of the current sand renourishment project. 13. Mr. Nicholas questioned the status of the Port's pursuit of the IIF land. Mr. Boucher stated that as far as he knew the Port had not finalized the land deal with the State as of this date. City of Cape Canaveral, Florida City Council Regular Meeting March 15 , 1994 Page 8 ADJOURNMENT: There being no further business, the meeting adjourned at 8:13 P.M. Approved this 5 th day of April 1994. .. 1 1 Salamone, MAYOR ATTEST: aith Miller, CITY CLE 1