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HomeMy WebLinkAboutMinutes 06-21-1994 WorkshopCITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING June 21, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on June 21, 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 (Late) Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present 1. Regular Cily Council Meetina of June 7 1994. Motion by Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of June 7, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS 1. Motion Re: Purchase of two 2 acres of land lying north of the Cit 's existin wastewater treatment plant at a total cost of $224 Motion by Mr. Randels, seconded by Mr. Berger to authorize the purchase of 2.48 acres of land bordering the northern boundary lines of the City's existing wastewater treatment plant at a total cost of $224,000 utilizing sewer expansion funds to pay for the purchase and that it was the City's intent to use the $25,000 held in escrow for the purchase of the wetlands to be applied toward the purchase of the 2.48 acres. Mr. Kancilia stated that Mr. George Firkins, vice President of Cevesco, Inc., had executed a contract for sale and purchase covering the subject property at a cost of $224,000. He stated that the purchase amount was in excess of the appraisal amount which would require an extraordinary vote for approval. He stated that one of the terms of the contract for sale was that Cevesco, Inc., was entitled to receive the $25,000 deposit check Which his firm had held in escrow under the previous contract for the purchase of the larger parcel. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting June 21 , 1994 Page 2 Mr. Firkins announced that he had written a bid for a new post office in Cape Canaveral on AlA to be located across from the Radisson Hotel (3 1/2 acre tract). There was general discussion regarding the new post office facility. 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. Kancilia presented the escrow check to Mr. Firkins on behalf of the City. 2. Ordinance No 19 -94 Amending City's Code of Ordinances. Creating Article V, Hazardous Materials and Substances, of Chapter 38 to provide for the clean -up and abatement of the effects of discharges of hazardous substances, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING ARTICLE V, HAZARDOUS MATERIAL AND SUBSTANCES, OF CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS; PROVIDING FOR CLEAN -UP AND ABATEMENT OF THE EFFECTS OF DISCHARGES OF HAZARDOUS SUBSTANCES; PROVIDING FOR COST RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Ordinance No. 19 -94 at second and final 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. NEW BUSINESS 1. Discussion Re: Bud et 2oals for FY 94195. Mr. Boucher stated that he was requesting input from Council regarding any City services that were lacking or other pertinent budget goals. Mr. Porter stated that he felt there was a need for code enforcement activities to clean -up the City. Mayor Salamone spoke against adding more funds to the code enforcement budget. She expressed that she was looking for some creative management utilizing different hours for Code Enforcement personnel to cover the City during evenings and weekends. There was additional discussion regarding City personnel and code enforcement activities. City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting June 21, 1994 Page 3 Mr. Nicholas questioned if there were a substantial amount of employees addressing beautification needs. Mr. Boucher stated that there were no plans to increase the number of personnel currently responsible for beautification needs. Mr. Porter stated that the largest shortfall of funds was in the police/fire budgets. He spoke briefly regarding the concept of community policing through the use of volunteers. Mayor Salamone questioned how Councilmembers felt about presenting a referendum to the citizens to raise the police/fire millages. Mr. Randels stated that he was not in favor of increasing the millages. Mr. Boucher stated that the requested level of service for the Police Department included two (2) additional officers for a proactive policing unit that would be more visible in the community attacking any problem areas. Mayor Salamone stated she wanted managers/ supervisors to be more creative to use available resources in alternative ways. She stated that at some point in time Council would have to decide that the ad valorem tax needed increasing. Mayor Salamone stated that presenting referendum questions to the voters would enable the voters to express how they felt about increasing the millage to raise the level of service in the police and fire departments. She stated that the increased level of service would provide two (2) additional police officers and a rescue truck along with personnel to man the truck (3 more people, one for each shift). Discussion followed regarding the possibility of a millage increase. Mr. Randels commented on the City's current practice of contracting out for beautification /landscaping services. He stated that currently there were seven (7) positions at the Street Department and he questioned whether or not the seven (7) people were being utilized to their maximum potential for the costs involved. He suggested that the City may wish to investigate the possibility of contracting for more services based on the savings realized with contracting out for landscaping services. Mayor Salamone stated that she understood that one of the Street department employees had been hired because of his /her certification in the application of pesticides and that the pesticide services were currently contracted out. Mr. Nicholas suggested researching the possibility of contracting with Brevard County or Cocoa Beach for fire /rescue and police protection, and soliciting requests for proposals for audit services and attorney services. Mayor Salamone asked Mr. Boucher to check all of the avenues suggested by Mr. Nicholas. She stated that she would be concerned about the quality of services available if the City were to contract for fire /police services with another municipality. There was additional discussion regarding the community policing concept. Mayor Salamone asked staff to research the prospect of utilizing college students for community service projects such as helping with recreational, clerical or administrative services. She stated that Council did not want to reduce employees' membership fees or travel expenses for conferences and organizations that employees needed to participate in. She asked that staff provide new ways City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting June 21, 1994 Page 4 to conduct services (big ticket items) rather than looking at minor budget cuts on a line -by -line basis. Mr. Porter advocated the development of the Long Point Road property into a passive park of some sort, and construction of basketball hoops /courts in different areas of the City to help address the needs of youths between the ages of 12 - 18. He mentioned several of his budget priorities including the tree program, A 1 A beautification, different parks, redevelopment issues, and researching the availability of grant funds. He stated that all of his potential ideas needed a grant writer and he had spoken to Mary Ingram, Senior Community Service Employment Program, regarding the possibility of obtaining a professional individual to work for the City for a full year without costing the City any funds. Council supported the concept of acquiring a college student or senior professional through any of the programs available whereby the individuals would be paid through another source /program and not cost the City any additional funds. Council also supported further research into the community policing concept. 2. Discussion Re: Comprehensive Plan Evaluation and Appraisal Report (EAR), Intergovern mental Coordination Element (ICE) and Plan amendments, proposed schedule and technical support. Mr. Boucher stated that he had presented a booklet of information to Council regarding what needed to transpire within the next 28 months regarding the update of the City's Comprehensive Plan. Mayor Salamone stated that she was concerned about the lack of history available to the Planning & Zoning Board and she stated that the City Council could become the Local Planning Agency. Mr. Berger expressed that it would be beneficial to obtain new and fresh objectives from the current Planning & Zoning Board and that it would also be a good educational process for the Board. Mr. Porter questioned if certain members of Council could also serve on the Local Planning Agency. Mr. Kancilia stated he would have to research the matter further and that there may be a potential violation due to provisions currently within the City's Charter. There was further discussion regarding the makeup of the Local Planning Agency and the necessary Comprehensive Plan amendments. 3. Monthly Activity Reoorts Mr. Nicholas questioned the averages listed on the report for the lift station. Mr. Boucher stated that the figures had been inadvertently switched and would be corrected. 4. City Manager's Report Mr. Boucher stated that the Beautification Board had expressed its concerns about what Council could do to enact legislation that would address unfinished buildings. Mr. Nicholas suggested obtaining sample ordinances from the League of Cities that required construction completion within a certain timeframe. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting June 21, 1994 Page 5 Mr. Boucher remarked that Council had received copies of the draft article that would be printed in the next Port Canaveral Journal regarding the City. Council concurred to order 1,000 copies of the Port Journal to distribute to interested parties. He stated that the Commercial Development Board had suggested a 1 -800 number for City Hall. Mr. Boucher stated that he had received correspondence from the State of Florida, Department of Transportation, advising that the agency did not concur with the City's request to lower the speed limit to 35 mph. Mr. Boucher questioned if Council had any opinions regarding what the County's role should be with future water supply issues based on a request from Commissioner Scarborough. Mr. Randels stated that Commissioner Scarborough was seeking to reactivate the water supply group. Council concurred to ask the County to remain out of the water supply issue. Mr. Boucher stated that the City had received a request for support in opposition to casino gambling in Florida from the City of Tampa. Council concurred to place a resolution regarding casino gambling on the next Council meeting agenda. After a ten - minute break, the meeting reconvened. Mr. Boucher announced that Council had received copies of the proposed draft Charter for Brevard County and he questioned whether or not Council had any comments regarding the draft Charter. Mayor Salamone suggested that Councilmembers provide input as individual citizens. Mr. Randels stated that he was serving on a committee which was reviewing the Charter and he asked for input from Council regarding several issues. Council concurred that there be five (5) County Commissioners elected on a nonpartisan basis and that the County Manager be employed directly by the County Commission based on his/her qualifications and experience. Mr. Boucher advised that all Councilmembers had received registration information regarding the Florida League of Cities annual convention. Council supported Mr. Randels' attendance at the convention with the City paying for his travel expenses /registration fees. Mayor Salamone felt that the Mayor and Councilmembers were underpaid and that the salaries needed to be increased. She asked that Mr. Kancilia further research the issue. There was discussion regarding whether or not a Council salary increase needed to be done through referendum. Mr. Porter suggested obtaining salary information from other municipalities. DISCUSSION: 1. Mr. Berger questioned whether or not an increase in the police and fire referendums would be scheduled for an upcoming election. He felt that the referendum should be considered at the upcoming November election. City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting June 21, 1994 Page 6 2. Mr. Nicholas questioned the status of the shuttle repair and expressed that he had a problem with City crews repairing the shuttle since there was insurance money involved. Mr. Boucher stated that he was researching the possibility of utilizing a surfboard shop in town to perform the work. 3. Mr. Nicholas stated that palm trees had been trimmed near the entrance to Harbor Heights and that the palm fronds were still on the ground and had not been picked up by western waste. 4. Mr. Nicholas stated that there was graffiti (red paint) on the sidewalk across from the union hall and asked that the City attempt to clean that area. 5. Mr. Nicholas commented on recent conversation at a Code Enforcement Board meeting regarding sign violations. He stated that Mr. Ileving had completed a study of signs that were in violation of the City's Code. He stated that there were approximately loo signs included on the list and he expressed his concerns regarding why nothing had been done to correct or eliminate the sign violations. Mr. Randels stated that many of the signs were 1 -2 years old and did not meet the sign criteria that had been in effective for five (5) years. Mayor Salamone asked that citations be written against the alleged violators. Mr. Nicholas stated that Council should have been informed about the situation. Council concurred to have the item placed on the next workshop for discussion. Mayor Salamone asked that copies of the list containing the sign violations be distributed to all Councilmembers and she asked that Mr. Morgan be present at the workshop meeting to explain the situation. There was additional discussion regarding sign violations and the sign permitting process. 6. Mr. Nicholas questioned if the City had nominated an individual for the E. Harris Drew Municipal official of the Year Award. Mayor Salamone stated that the City had nominated Mr. Randels last year. Mr. Randels stated that he could not be a candidate because he was presently a member of the Florida League of Cities, Board of Directors. Council concurred to nominate Mr. Porter for the award. 7. Mr. Nicholas stated that Brevard County was entering into an agreement with Zambelli International Fireworks Manufacturing for a joint fireworks display with the Cities of Cocoa and Rockledge. He expressed that if the County was allocating County funds for joint fireworks with two (2) communities, then it should allocate to all the communities within Brevard. Mayor Salamone asked Mr. Boucher to investigate the matter further. 8. Mr. Nicholas questioned the status of Mr. Vaughn's request for reimbursement of sewer expenses. Mr. Boucher stated that he had spoken to Mr. Vaughn's plumber and had asked him to write a narrative describing the circumstances surrounding the cause of sewer problem. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting June 21, 1994 Page 7 9. Mr. Nicholas commented on a DEP application for existing wetlands which had indicated that raw sewerage was being disposed into the canals and he wanted to know the source of the waste and why no one was doing something about the problem. Mayor Salamone asked that the City Manager pursue the matter further. lo. Mr. Nicholas questioned the status of the City Gas situation. Mr. Boucher responded that he had received the requested maps of the area and he was still awaiting communication from the company regarding ways to expand services within the City. 11. Mr. Nicholas commented on the evaluation report from the Florida Solar Energy Center regarding City Hall and there were several recommendations in the report for improvements. Mr. Boucher reported that he was soliciting estimates for the improvements. 12. Mr. Nicholas referenced minutes of the Port Commission meeting which reflected discussion regarding a proposed sewer treatment facility. 13. Mr. Nicholas stated that the City was actively pursuing the injunction against Royal Mansions. 14. Mr. Nicholas stated that the annual 6 -cent gas tax revenues were projected at $162,000. Mr. Boucher explained that the formula was based on population and annual expenditures. 15. Mr. Nicholas declared that the City was not receiving the services it should from Western Waste and he briefly commented on the deficiencies of Western Waste's performance. Mr. Kancilia stated that if Western Waste Was not performing in accordance with the terms of the contract then the City could terminate the contract for cause. There was additional discussion regarding Western Waste. 16. Mr. Nicholas questioned the status of the Equity Study Commission's review of the occupational license fee structure. Ms. Haggerty stated that the proposed ordinance would be presented to Council at the next regular meeting. Mr. Nicholas asked for a comparison of the current and anticipated revenues based on the proposed changes. 17. Mr. Nicholas expressed his concern regarding the letter received from the Brevard County Public Safety Department regarding the City's crossing guards. Discussed followed regarding the crossing guards. 18. Mr. Randels stated that the Cape Canaveral Library would receive five (5) new employees when the library expansion was completed. 19. Mr. Randels stated that Keep Brevard Beautiful had announced the availability of a $1,600 grant for xeriscape projects. City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting June 21, 1994 Page 8 20. Mr. Randels distributed copies of information to Council he had received at a tree planting conference and from a two (2) day labor and employment law conference. 21. Mr. Kancilia stated that the lawsuit against the Army Corps of Engineers was reinstated by the Federal Court of Appeals. He explained that the basis of the dismissal of the suit by the trial court was that since the erosion started more than six (6) years prior to filing the suit, the suit fell under the statute of limitations; however, the court held that where there's a continual taking that the landowner can wait until the "taking" stops and apparently the "taking" continues today. He stated that unless the United States government is successful in getting the appeal heard before the United States Supreme Court the case would be returned to the trial court for retrial. 22. Ms. Miller mentioned that Bea Fowler would no longer be working as a Florida Today correspondent covering the Cape Canaveral area. Mayor Salamone asked that a letter on behalf of the City to Florida Today to express Council's appreciation for her fact - filled reporting and attendance at Council meetings. Council concurred with the Mayor's request. 23. Mr. Porter asked that the Economic Coalition findings be placed on the next Council workshop for discussion. ADJOURNMENT: There being no further business, the meeting adjourned at 9:25 P.M. Approved this 5th day of July . , 1994. Joy i amone, MAYOR ATTEST- Faith G. Miller, CIT AF CLERK