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HomeMy WebLinkAboutMinutes 04-05-1994 RegularCITY COUNCIL REGULAR MEETING April 5 , 1994 A Regular Meeting of the Cape Canaveral City Council was held on April 5, 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 Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy City Clerk Joy Salamone John Porter Arthur Berger Leo Nicholas Rocky Randels Bennett Boucher John Kancilia Sharon Hoover Present (Late) Present Present Present Absent Present (Late) Present Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of March 15 1994. Motion by Mr. Berger, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of March 15, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. PUBLIC HEARINGS 1. Ordinance No 12 -94 Amendin2 CAy's Code of Ordinances, Chapter 626. Life Safetv Code, to adopt .. the 1991 edition of the Life Safety Code, for second and final readine. Mayor Pro Tem Porter 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 1391 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 by Mr. Berger, seconded by Mr. Nicholas to adopt Ordinance No. 12 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. City of Cape Canaveral, Florida Regular City Council Meeting April 5, 1994 Page 2 Z. Ordinance No. 13 -94 - AmendiLiZ Cit 's Code of Ordinances By deletinp, Section 61 Standpipe Section Amended, for 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, REPEALING SECTION 611.03, STANDPIPE SECTION AMENDER, 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. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 13-94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Motion Re: Purchase of land for future WWTP expansion. Motion by Mr. Nicholas, seconded by Mr. Porter to post the required 30 -day notice for the purchase of 1.5 acres of the Cevesco property for future wastewater treatment plant expansion at a purchase price of $100,000 an acre. After discussion, Council concurred to wait until the arrival of Mayor Salamone and Mr. Boucher from the Cocoa Beach Commission meeting prior to proceeding with the item. Mr. Nicholas withdrew the motion, and Mr. Porter withdrew the second. 2. Resolution No. 94 -15 Supporting SuppoqLng continued level of fundin for NASA. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; OPPOSING REDUCTION IN THE LEVEL OF FEDERAL FUNDING FOR NASA IN THE FISCAL YEAR 1995 BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -15. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 3. Resolution No. 94 -16 Increasin fee char ed for dishonored checks. Mayor Pro Tem Porter read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting April 5, 1994 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE SERVICE FEE CHARGED FOR DISHONORED CHECKS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Berger, seconded by Mr. Nicholas to adopt Resolution No. 94 -16. Mr. Nicholas explained that he felt a fee of $20.00 per dishonored check was too high. There was discussion regarding the annual expense incurred by the City for dishonored checks. Motion carried with members voting as follows: Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against 4. Resolution No. 94 -17, Authorizing the City staff to submit an Application for Funds under the Beach Erosion Control Assistants Pro r�, am (Dune Vegetation Enhancement Grant). Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING CITY STAFF TO SUBMIT A GRANT APPLICATION FOR FUNDS UNDER PROVISION OF CHAPTER 161, FLORIDA STATUTES, TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF BEACHES AND SHORES, FOR A DUNE RESTORATION AND REVEGETATION PROJECT FOR CAPE CANAVERAL BEACHES; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Berger, seconded by Mr . Nicholas to adopt Resolution No. 94 -17. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 5. Resolution No. 94 - Naming a Private Street located within DiscoveLy Bay in the Cit of Cape Canaveral Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; NAMING A PRIVATE STREET LOCATED WITHIN DISCOVERY BAY IN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting April 5, 1994 Page 4 Motion b y Mr. Berger, seconded by Mr. Nicholas to adopt Resolution No. 94 -18. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 6. Motion Re: R nest to waive shuffleboard court fees for Brevard Countv S ial Ol m ics. Motion by Mr. Nicholas, seconded by Mr. Berger to waive shuffleboard court fees, starting April 6, 1994, for Brevard County Special Olympics. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. At this time, Mayor Pro Tem Porter recognized Mr. Willie Womack and Mr. Ron Tucker of Virginia Construction who wished to address Council in reference to sewer fees and late charges. Mr. Womack explained that his firms monthly sewer bill was $400 - 500. Mr. Tucker advised that he had contacted the City with an offer to pay $800 plus half of the late fees owed ($307.98). He stated that in August, 1993, his firm had incurred a quadruple increase in Water rates and that each month his firm was paying $ 100.00 in interest to the City. He questioned whether the City's ordinance allowed for 10% interest compounded monthly. He also expressed concern regarding whether or not a customer should be required to continue to pay late fees if they were paying a portion of the bill on a monthly basis per an agreement with the City. Mr. Kancilia stated that the fee was a late charge, not interest, and that the City's ordinance referenced late charges. There was general discussion regarding late charges. Mr. Nicholas asked that staff review what other cities were charging for late fees. It was stated that the cut- off date for virigina Construction's water was April 11th if the amount due the City was not paid in full. Mr. Kancilia advised that Council did not have the authority to negotiate late charges. Mr. Nicholas expressed his concern that the late charges be fair and equitable and comparable to what other municipalities were charging. After a 10- minute break, the meeting was reconvened. Mayor Salamone and Mr. Boucher arrived at the meeting at this time. Discussion resumed on Item No. 1 under New Business. Mr. George Firkins of Cevesco suggested that the City purchase two (2) acres in order to obtain a larger buffer area between the sewer plant and any future development on the Cevesco property. Mr. Firkins advised that the $25,000 option fee paid by the City would be applied to the purchase of two (2) acres. Motion by Mr. Nicholas, seconded by Mr. Porter to post the required 30 -day notice for the purchase of two (2) acres of the Cevesco property for future wastewater treatment plant expansion at a purchase price of $100,000 an acre. Motion carried with members voting as City of Cape Canaveral, Florida Regular City Council Meeting April S, 1994 Page 5 follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Randels, For. 7. Motion Re: Resolution No. 94 -19 Authorizing the Mayor and Cit y Clerk to enter into an a reement with the City of Cocoa Beach for sewa a effluent reuse. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF COCOA BEACH FOR SEWAGE EFFLUENT TREATMENT REUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Berger, seconded by Mr. Porter to adopt Resolution No. 94 -19. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 8. City Manner's Report None,, DISCUSSION: 1. Mr. Porter stated that he would like to see the Long Point Road property developed as a park. Mayor Salamone objected to the property being developed as a park, but suggested the property was conducive to use as a nature walk through the wetlands located there. 2. Mr. Porter stated that the State property that would be given to the City by the Port after the land swap was completed could be utilized as a boat launch /park site. Mayor Salamone stated that the IITF property had plenty of potential for various projects. Mr. Porter stated that there were several State and Federal recreational grants available for the development of such property. 3. Mr. Porter stated that he and the City Manager would be meeting to discuss the next step in the City's redevelopment process since the March 31st meeting. He asked that thank you letters be prepared and sent to the evening's speakers and that copies of the meeting minutes be sent to all businesses along A 1 A and North Atlantic. He expressed the need to have the Commercial Development Board work in conjunction with the Beautification Board on redevelopment issues. 4. Mr. Kancilia reported on the status of the Royal Mansions lawsuit. He questioned whether or not Council wanted to initiate Code Enforcement proceedings against the City of Cape Canaveral, Florida Regular City Council Meeting April 5, 1994 Page 6 condominium owners and Council concurred not to begin such proceedings. He stated that Mr. Healy had records available which showed rentals of less than seven (7) days. Mr. Kancilia stated that Mr. Healy could go to court and seek an injunction against the condominium owners and Council concurred with Mr. Kancilia's suggestion. ADJOURNMENT: There being no further business, the meeting adjourned at 8: 25 P.M. Approved this 19th day of Aril , 1994. Jo C. tkamone, MAYOR ATTEST: � � r r r Faith C. Miller, CITY CLERK