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HomeMy WebLinkAboutMinutes 04-19-1994 RegularCITY COUNCIL REGULAR MEETING April 19, 1994 A Regular Meeting of the Cape Canaveral City Council was held on April 19, 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 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. Regular City Council Meeting of April 5 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of April 5, 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. Motion Re: Authorization to proceed with engineering services for wastewater plant and reclaimed waters stem im rovements.. Motion by Mr. Randels, seconded by Mr. Berger to authorize the City to proceed with engineering services for wastewater plant and reclaimed water system improvements as contained in the engineering contract prepared and presented by Hartman & Associates at a cost not to exceed $282,090. Mr. Berger questioned if the connections necessary to provide residential reuse to Cape Canaveral residents would also be included in the scope of engineering services to be provided by Hartman. Mr. Hal Schmidt, Hartman & Associates, explained that the engineering services included a major transmission line to provide the reuse water to Cocoa Beach along with t -valve connections to provide reuse to residential customers. Mr. Randels stated that the Port had agreed to include reuse water along George King Boulevard during the proposed construction improvements to George King Blvd. Mr. Nicholas stated that the City was interested in providing reuse water to all municipal owned properties and installing a main trunk line to the north City limits at George King Blvd. as well. Mayor Salamone spoke in favor of authorizing engineering services to plan for providing reuse lines to all residential areas within the City. City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 2 Mr. Schmidt stated that the permitting process through the State would permit the entire project, residential reuse and the provision of reclaimed water per the interlocal agreement with Cocoa Beach. He stated that the design would include running reuse lines from the wastewater plant down Central Avenue to Atlantic Avenue to the Cocoa Beach connection. The design had not included running the line back down Atlantic to George Ding Blvd. Mr. Schmidt explained that it would be easier to use aerials and field surveys to determine the areas where there would be reuse usage. He stated that his firm had no intention of surveying the entire City. He stated that the improvements to the treatment plant would occur and be bid relatively quickly. Surveying the reuse route would take approximately 30 days. Mr. Schmidt explained that the actual design of the reuse project would not start until Council had given its approval of the "big picture". He stated that the ratio of reuse customers was 1 -2 for every 5 -6 sewer customers. He explained that the City must be concerned with meeting its commitments to Cocoa Beach and the City's customers. Mr. Berger stated that the $282,090 included the design work for the main trunk line, pressure station, and sub - stations, and stubbing across Atlantic Avenue at locations to be determined at a later date. Hartman & Associates would be able to provide recommendations for the best locations for stub outs. Mayor Salamone spoke against charging citizens for reuse water since the City would be providing 750,000 gallons of reuse water daily without charge to Cocoa Beach. Mr. Nicholas spoke in favor of providing a tap -off at each east- westbound street to allow each street to be added to the reuse program would be based on customer demand. Mayor Salamone stated that it was Council's intention to service the entire City with reuse water. Mr. Schmidt stated that his firm would be looking at the entire City in the preliminary engineering report for reuse and he would be providing an engineering cost estimate for each area and it would be Council's decision as to the timeframe involved in providing reuse to all residential areas. Mr. Schmidt stated that his firm would begin the survey process on the following Monday as well as beginning the process to modify the drawings on the wastewater plant. Mr. Schmidt explained that all sub - consultants to be used on the project would have to be approved by 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. Mayor Salamone asked Mr. Boucher to move forward with the reuse survey of all citizens within Cape Canaveral within the next 30 days. 2. Motion Re: R uest by Sheriff's De artment for p urchase of miscellaneous items from the Law Enforcement Trust Fund City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 3 Motion b y Mr. Porter, seconded by Mr. Berger to approve the request by the Sheriff's Department to purchase miscellaneous items from the Law Enforcmeent Trust Fund in the amount of $10,234. 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 -10 Authorizing the Mayor and City Clerk to enter into a water franchise agreement with the C ity of Cocoa. 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 A WATER FRANCHISE INTERLOCAL AGREEMENT WITH THE CITY OF COCOA; AND PROVIDING FOR AN EFFECTIVE DATE. Motion b y Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -10. 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 -0 A ppointing re ular members 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 MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -20 with the appointment of Rosemarie Meoni, Sandra Moore, and Michael Murazzi to the Commercial Development Board with terms to expire on June 1, 1996. Mr. Porter questioned if the status of whether or not Gerald Sale could be appointed to the Board as well since his wife was currently a member of the Equity Study Commission. Mr. Kancilia stated that he needed time to research the matter further. Mayor Salamone asked that a letter be written to Mr. Sale advising him that a position on the Board would be held open until the Equity Study Commission was disbanded. Mr. Porter stated that at the last workshop Council had asked Mr. Kancilia to investigate the matter and since he had not had the time to do so, the matter could be discussed at the next workshop. Mayor Salamone asked the City Clerk to prepare a letter from Council to Mr. Sale advising him of the situation. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 4 For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 14 -94 Amending the Citv's Code of Ordinances, Chapter 352, Drug Free Workplace, to chan.�e the criteria for Reasonable SusWicion Testing and to add new sections to cover routine Fitness for Duty Testing, Follow -Up Testing, and Injury Related Testing, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING ITS CODE OF ORDINANCES, CHAPTER 352, DRUG FREE WORKPLACE BY AMENDING SECTION 352.03, REASONABLE SUSPICION TESTING, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO CHANGE THE CRITERIA FOR REASONABLE SUSPICION TESTING FOR THE EXISTENCE OF THE INFLUENCE OF ALCOHOL OR USE OF DRUGS BY EMPLOYEES OF THE CITY; CREATING SECTION 352.031, ROUTINE FITNESS FOR DUTY TO REQUIRE A DRUG TEST AS A PART OF A ROUTINELY SCHEDULED EMPLOYEE FITNESS FOR DUTY MEDICAL EXAMINATION; CREATING SECTION 352.032, FOLLOW -UP TESTING TO REQUIRE EMPLOYEES TO SUBMIT TO A FOLLOW -UP DRUG TEST WHEN THE EMPLOYEE HAS ENTERED INTO A PROGRAM RELATING TO ALCOHOL OR DRUG PROBLEMS; CREATING SECTION 352.033, INJURY RELATED TESTING REQUIRING AN EMPLOYEE TO SUBMIT TO A DRUG TEST TO DETERMINE THE EXISTENCE OF THE USE OF DRUGS OR ALCOHOL BY THE EMPLOYEE AT THE TIME OF AN INJURY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded Mr. Porter to adopt Ordinance No. 14 -94 at first reading. Mr. Randels spoke in favor of the ordinance. Mayor Salamone questioned which injuries were required to be reported pursuant to Section 440.185, Florida Statutes. Mr. Kancilia stated that basically it included injuries requiring medical attention. Mayor Salamone questioned if an accident form was completed if an employee stubbed his/her toe and did not seek medical attention. Ms. Miller advised that an accident form would be completed. Mayor Salamone stated that she Was concerned With individual's rights. She stated that she did not have a problem with requiring drug tests of individuals who were injured and did seek medical attention, but she was not in favor of requiring drug tests on any employees Who were slightly injured and had not sought medical attention. Mr. Nicholas questioned if it was always the employee's decision as to Whether or not medical attention for an injury was necessary. There Was additional discussion regarding injury related testing requirements. Mr. Kancilia stated that injury related testing was a requirement under Florida Statutes, Chapter 440, but that "reportable event or injury" was not defined Within the Statutes. Mayor Salamone asked that the Wording "if the employee seeks medical attention for the injury" be added to Sec. City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 5 352.033, Injury Related Testing. Ms. Miller stated that the City's insurance carrier had advised that the City was required to complete an official Notice of Injury Report to Workers Compensation on any injury, regardless of whether medical attention was sought or not. Motion by Mayor Salamone, seconded by Mr. Porter to table the ordinance until Council had time to read Florida Statutes, Section 440.185. 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. Ordinance No 15 -94 Adopting and Enacting a New Code for the City of Cane Canaveral, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THE ORDINANCE SHALL BECOME EFFECTIVE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 15 -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. City Report Mr. Boucher stated that pictures of the beach renourishment project had been donated to the City by Dutra Construction and would be displayed in the City Hall lobby. Mr. Boucher stated that the Cocoa Beach Current newsletter contained a write -up regarding Cocoa Beach's interlocal agreement for reuse with the City of Cape Canaveral. Mr. Boucher stated that the City had received an United States Environmental Protection Agency (EPA) notice regarding a violation concerning the City's treatment of sludge. He explained that the violation notice conflicted with provisions in the EPA manual for compliance with the new rules. He stated that as of February 1994, the City was in compliance with sludge disposal requirements by sending its sludge to the County landfill. Clarification would be sought from EPA as to what was required to be reported for compliance for facilities such as the City had which currently had an NPDES permit. Mr. Boucher stated that the Port would be discussing the City's proposed franchise agreement at its Commission meeting the next day. City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 6 DISCUSSION: 1. Mr. Kancilia stated that he was asked to research the possibility of the City suing the owners of Royal Mansions in order to obtain an injunction to prevent the owners from using their condominiums as hotel -type rental units. He stated that Mr. Healy had informed him that the City had a counterclaim in the existing suit for an injunction and that if the City was succesful in the lawsuit as part of the counterclaim the City would receive an injunction which would be binding against the Royal Mansion condominium owners. Therefore, it would not be necessary for the City to file a separate lawsuit or seek enforcement through Code Enforcement procedures. 2. Mr. Kancilia advised that Kevin Markey had resigned from the firm of Reinman, Harrell, Graham, Mitchell & Wattwood effective April 22, 1994. He stated that with Council's permission he wished to sub - contract with Mr. Markey to provide continuing coverage on the Planning & Zoning Board, Code Enforcement Board, and Board of Adjustment until such time as the firm obtained another attorney to take Mr. Markey's place. This would be at no additional cost to the City. He commented that Mr. Markey was going on his own as a solo practioner in Merritt Island. Council concurred with Mr. Markey being retained on a sub- contract basis. 3. Mr. Berger stated that Cape Canaveral appeared to have more Council meetings than several other cities within Brevard and he suggested investigating alternative ways to run the City's Council meetings. He expressed his concerns regarding the amount of paperwork required and time involved in the number of Council meetings held during the year. He stated that he had spoken to Ms. Miller regarding alternative ways to provide Council packets to Councilmembers several days prior to the meetings and other ways to reduce the number of Council meetings held each year. Mayor Salamone stated that she appreciated having the extra time between the workshop and regular meetings to review the agenda materials more thoroughly. She asked that the City Council research various options for the meetings and other creative ways to run the meetings more efficiently and that the item be scheduled for discussion at the next workshop meeting. 4. Mr. Nicholas questioned the status of the Ocean Woods' buffer zones issue. Mr. Boucher stated that Ocean Woods felt that the sites on the south side included extensions on the parking areas and he could not find any evidence to support such a claim. He planned to write the homeowners' association one more letter asking them to clarify their claims and then bring them in for a conference with City staff. 5. Mr. Berger questioned the status of Cocoa's franchise negotiations with Cablevision. Mr. Boucher commented that he gave copies of the cable consultant's proposals that the City had received to Cocoa for their review as well. He stated that Cocoa was still within its strategy formulation stage. City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 7 6. Mr. Boucher stated that he had received preliminary drawings on George King Boulevard improvements and he explained the concerns he had with proper pedestrian access. 7. Mr. Randels commented on the success of Trash Bash held the previous weekend. He stated that 58 people had come out to help in Trash Bash activities and he thanked everyone for their support. S. Mr. Randels stated that the Brevard County Water Issues Conference was scheduled for May 6, 1994, and Virginia Wetherell, Director of the Department of Environmental Protection, was the guest speaker and he encouraged everyone to attend the conference. 9. Mr. Randels spoke in reference to a Communicating Without Liability seminar which he felt was a worthwhile conference sponsored by Brevard Community College's Institute of Government. lo. Mr. Randels advised that he had attended the Windjammer Condominium Association meeting and addressed their concerns regarding the beach renourishment project. 11. Mr. Randels asked that the City give some consideration to purchasing its signs from a company which was manufacturing signs out of recycled materials and he described the features of such signs. 12. Mr. Randels distributed information to members of Council pertaining to a three -day beach seminar he had recently attended. ADJOURNMENT: There being no further business, the meeting adjourned at 8 :25 P. M. Approved this day of , 199 . John K. Porter, MAYOR PRO TEM ATTES JIL Faith G. Miller, CITY CLERK