Loading...
HomeMy WebLinkAboutAlchemy Administrator (2)CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING January 4, 1994 A Combined Workshop & Regular Meeting of the Cape Canaveral City Council was held on January 4, 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 Joy Salamone Present Mayor Pro Tern John Porter Absent Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present PRESENTATIONS: 1. 1993 Winter Beautification Awards /Best Holiday Displays: Residential - Teri & Robbie Sigman Multi- Family Residents of Sea Grape Court (Ocean Woods) Commercial The American Bank Mrs. Jackie Coates, Beautification Board, read a brief description of the award recipients' properties and presented certificates of appreciation and the following to each of the recipients: a gift certificate from Maggie's Nursery to Mrs. Teri Sigman and her son, Robbie Sigman, for the Residential category; a gift certificate from Maggie's Nursery to Sandy Lawless and Kathy Hubbard, residents of Sea Grape Court, for the Multi- Family category; and a floral arrangement to Linda Backer, of The American Bank, for the Commercial category. After a five - minute break, the meeting was reconvened. 2. Personal Appearance by Wayne Washburn Trafford Realty Re: Concerns of City's appearance. Mr. Wayne Washburn gave a brief history of his business experience and residency in Cape Canaveral. He stated that he was appearing before Council as a citizen, not as a representative of Trafford Realty. He commended the City on its improved appearance and the Radisson Hotel on its property improvements. He commented on the metal structure being constructed for a carpet store on Astronaut Boulevard (AIA) and there not being a drug or grocery store within Cape Canaveral. Mr. Washburn also spoke in reference to his appointment to the Planning & Zoning Board in 1991. Mr. Randels stated that the newly formed Commercial Development Board may be an avenue for Mr. Washburn to address his concerns regarding commercial development within the City. g g P City of Cape Canaveral, Florida Combined Workshop & Regular Meeting January 4, 1994 - Page 2 Mayor Salamone asked the City Manager to continue to monitor the landscaping and aesthetic requirements which needed to be met on the Purcell's Distributors (carpet store) property. Mr. Nicholas stated that in the past the City had considered an Architectural Review Board. ADOPTION OF MINUTES: 1. Combined Workshop & Regular Meeting of December 16. 1993 Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Combined Workshop & Regular Meeting of December 16, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 2. Ordinance No 44 -93 Enacting Chapter 683 entitled "Vehicles for Hire ". of the Code of Ordinances of the City of Cape Canaveral for second and final reading. Mayor Salamone read the title of the Ordinance. �j AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 683, VEHICLES FOR HIRE OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS; PROVIDING EXCEPTIONS FOR OPERATIONS UNDER PERMIT FROM THE UNITED STATES INTERSTATE COMMERCE COMMISSION OR THE STATE OF FLORIDA; PROVIDING LICENSE FEES TO BE IN ADDITION TO OTHER TAXES AND CHARGES; REQUIRING COMPLIANCE WITH REGULATIONS OF CHAPTER; REQUIRING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A PUBLIC VEHICLE; REQUIRING AN APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING THE CITY MANAGER WITH AUTHORITY TO APPROVE APPLICATIONS OF PUBLIC CONVENIENCE AND NECESSITY UPON THE MAKING OF CERTAIN FINDINGS; PLACING THE BURDEN OF PROOF ON APPLICANT FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR THE EXPIRATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR SUSPENSION AND REVOCATION OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; IMPOSING REQUIREMENTS FOR THE TRANSFER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; MAKING IT UNLAWFUL FOR A PERSON TO DRIVE A PUBLIC VEHICLE WITHOUT A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING PENALTIES FOR OPERATING A PUBLIC VEHICLE WITHOUT A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING FOR THE APPLICATION FOR A PUBLIC VEHICLE DRIVER'S PERMIT; REQUIRING A PHOTOGRAPH ON A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING FOR INVESTIGATION ISSUANCE OR DENIAL OF A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING A SCHEDULE OF FEES FOR A PUBLIC VEHICLE DRIVER'S PERMIT; PROHIBITING THE TRANSFER OF A PUBLIC VEHICLE City of Cape Canaveral, Florida Combined Workshop & Regular Meeting / January 4, 1994 i Page 3 DRIVER'S PERMIT; PROVIDING FOR A SURRENDER, REVOCATION OR SUSPENSION OF A PUBLIC VEHICLE DRIVER'S PERMIT; REQUIRING HOLDERS OF CERTIFICATES OF PUBLIC CONVENIENCE A NECESSITY TO FILE SCHEDULES OF RATES AND CHARGES; REQUIRING SCHEDULES OF RATES AND CHARGES TO BE POSTED IN PUBLIC VEHICLES; MAKING IT UNLAWFUL TO CHARGE RATES IN EXCESS OF THE ESTABLISHED RATES; REQUIRING CERTAIN EQUIPMENT IN PUBLIC VEHICLES; SPECIFYING VEHICLE TYPE FOR PUBLIC VEHICLES; IMPOSING CONDITION OF CLEANLINESS AND LIGHTING REQUIREMENTS ON PUBLIC VEHICLES; PROVIDING FOR MECHANICAL INSPECTION OF PUBLIC VEHICLES; REQUIRING PUBLIC VEHICLES TO DISPLAY CERTAIN IDENTIFYING LETTERS AND SIGNAGE; PROVIDING FOR REGULATION OF TAXIMETERS; PROVIDING PROCEDURES FOR SUBSTITUTION OF EQUIPMENT; LIMITING THE NUMBER OF PASSENGERS TO BE CARRIED IN A PUBLIC VEHICLE; PROHIBITING THE TRANSPORTING OF NONPAYING PASSENGERS WITH PAYING PASSENGERS WITHOUT APPROVAL; PROHIBITING THE RECEIVING OF POLICE RADIO CALLS; REGULATING STANDS, DEPOTS, TERMINALS AND PARKING OF PUBLIC VEHICLES; PROHIBITING CRUISING AND CERTAIN SOLICITATION; REQUIRING DRIVER'S ATTENDANCE TO PUBLIC VEHICLES; REQUIRING THE MAINTENANCE OF RECORDS; PROVIDING r PROCEDURES FOR THE DISPOSITION OF LOST MONEY OR PROPERTY; PROHIBITING THE CARRYING OF ALCOHOLIC BEVERAGES IN PUBLIC VEHICLES; REQUIRING THE REPORTING OF ACCIDENTS; SPECIFYING INSURANCE REQUIREMENTS; 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. 44 -93 at second and final reading. Mr. Randels spoke in favor of the Ordinance. Mr. Kurt Ronstrom questioned whether or not the City could ask the Port to enforce the Ordinance as well. Mayor Salamone responded that a copy of the Ordinance would be forwarded to the Port with the request for their cooperation in adopting similar regulations as well. Mr. Bob Hoog questioned the inspection requirements and the potential for liability. Mr. Kancilia stated that it was ultimately the responsibility of the City Manager to provide for inspections and he stated that the inspection requirement would not impose liability on the City as the City was attempting to safeguard its population by regulating taxicabs. Mr. Nicholas stated that there was a conflict between Sec. 693.27 (15) and Sec. 683.31 of the Ordinance which required on the application that the applicant supply information regarding any criminal convictions, but it allowed for a permit to be issued if the applicant had not been convicted within the last ten (10) years of a felony. Mr. Kancilia stated that he did not have any objection to the City requiring more stringent requirements for the issuance of a permit. He stated that the requirements to revoke a license as listed in Sec. 683.37 could also be applied to •' the requirements to issue the license. Motion by Mayor Salamone, seconded by Mr. Randels to amend the Ordinance to include the requirements to revoke a license as conditions of the initial application. Motion carried with members voting as follows: Mayor Salamone, For; City of Cape Canaveral, Florida •- - Combined Workshop & Regular Meeting January 4, 1994 � Page 4 Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For. 2. Ordinance No 45-93. Adopting a DiWute Resolution Process associated wi th the Pl Design Construction and Operation of Facilities financed by a loan from the State Revolving Loan Fund for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A DISPUTE RESOLUTION PROCESS ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION AND OPERATION OF FACILITIES FINANCED BY A LOAN FROM THE STATE REVOLVING FUND AUTHORIZED BY CHAPTER 403.1835, FLORIDA STATUTES; 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. 45 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 46 -93 Amending Section 722 11 Definitions of the City's Code of Ordinances to provide for amended definitions of Adult Dancing Establishment and Massage Establishment for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 722.11, DEFINITIONS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR AMENDED DEFINITIONS OF ADULT DANCING ESTABLISHMENT AND MASSAGE ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 46 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 47-93. Amending Section 683.02. Travel Upon Beach or Dune A Prohibited of the City's Code of Ordinances to prohibit travel upon a dune area by any vehic and to limit travel on beaches to non - motorized vehicles for second and final reading. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting January 4, 1994 a Page 5 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 683.02, TRAVEL UPON BEACH OR DUNE AREA PROHIBITED OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROHIBIT TRAVEL UPON A DUNE AREA BY ANY VEHICLE AND TO LIMIT TRAVEL ON BEACHES TO NON - MOTORIZED VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 47 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. O rdinance No 48-93. Amending Section 251.01. Establishment Membership, Terms. Oualifications of the Code of Ordinances of the City of Cape Canaveral to require that mem bers Lp —_ of the Beautification Board be registered voters for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 251.01, ESTABLISHMENT MEMBERSHIP. TERMS OUALIFICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO REQUIRE THAT MEMBERS OF THE BEAUTIFICATION BOARD BE REGISTERED VOTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 48 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. O rdinance No 49-93. Amending Section 645 13 Board of Adjustment: Establis and Procedure of the Cily's Code of Ordinances to require that members of the Board of Adjustment be registered voters for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.13, BOARD OF ADJUSTMENT' ESTABLISHMENT AND PROCEDURE OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY REQUIRING MEMBERS OF THE BOARD OF ADJUSTMENT TO BE REGISTERED VOTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL City of Cape Canaveral, Florida Combined Workshop & Regular Meeting January 4, 1994 Page 6 OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 49 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Ordinance No 50-93, Amending Section 263.04. Composition of the City's Code of O r d inances to require that members of the Commercial Development Board be registered vo ters. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 263.04, COMPOSITION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE THAT EACH MEMBER OF THE COMMERCIAL DEVELOPMENT BOARD BE A REGISTERED VOTER; CHANGING A REFERENCE IN SECTION 263.04 FROM SECTION 2 TO 263.02; 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. 50 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Ordinance No 51 -93 Amending Subsection (A) of Section 253.02, Library Board, of the City's Code of Ordinances to require that members of the Library Board be registered voters for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION (A) OF SECTION 253.02, LIBRARY BOARD OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE THAT EACH MEMBER OF THE LIBRARY BOARD SHALL BE A REGISTERED VOTER; PROVIDING FOR SEVERABILTTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 51 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Ordinance No 52 -93, Amendi e Section 257.02. Oualifications of the City's Code of City of Cape Canaveral, Florida Combined Workshop & Regular Meeting January 4, 1994 Page 7 Ordi nances to require that members of the Planning and Zoning Board be reg voters for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 257.02, QUALIFICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND QUALIFICATIONS OF MEMBERS OF THE PLANNING AND ZONING BOARD, BY REQUIRING MEMBERS TO BE REGISTERED VOTERS; 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. 52 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 'J"i° 10. Ordinance No 53 -93 Amending Section 255 01 Recreation Board Established, of the Ci1y's Code of Ordinances to require that members of the Recreation Board be registered voters. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 255.01, RECREATION BOARD ESTABLISHED OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO REQUIRE THAT EACH BOARD MEMBER BE A REGISTERED VOTER; 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. 53 -93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Discussion & Motion Re: Interlocal agreement with Brevard County to disburse funds collected from the $12.50 surcharge on moving traffic violations to fund Int Emergency Radio Communications System (800 MHz). ' Motion by Mr. Randels, seconded by Mr. Nicholas to authorize the Mayor to execute the interlocal agreement with Brevard County to institute a $12.50 surcharge on all moving traffic City of Cape Canaveral, Florida «.� Combined Workshop & Regular Meeting January 4, 1994 ' Page 8 violations within the City's jurisdiction. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For. 2. Discussi Re Proposed franchise agreement for water service with the City of Cocoa. Mr. William H. Stephenson, Utilities /Public Works Director for City of Cocoa, gave a brief background of the history of the Cocoa water system. He stated that in August, the City of Cocoa completed a major refinancing of the water system taking advantageous of long -term low interest rates and it had also acquired $25 million in new monies to continue to develop its well field and to bring on line the Taylor Creek Reservoir as a supplemental water source to guarantee its customers adequate water supplies into the next century. Mr. Randels commented on changes included in the proposed franchise agreement. Mr. Nicholas questioned the amount of funds that were turned over to the City of Cocoa's General Fund from the water plant operation and Mr. Stephenson responded that it was approximately $800,000 per year. Ms. Haggerty questioned whether or not most cities passed the costs of fire hydrant maintenance to their customers. Mr. Stephenson stated that all of the municipalities paid the same annual rental charge on fire hydrants to the City of Cocoa and the municipalities were billed directly. He explained that in the unincorporated areas of the County, (44% of Cocoa's customers) the fire hydrant fee was added to the water bills of the unincorporated customers as a separate fee at approximately $1.00 per month per customer. Mr. Boucher questioned the 25 % surcharge on the water rates to consumers located within Cape Canaveral and the proposed legislation to lower the surcharge to 10 %. He asked that the language included in Section 12, Water Charges, be more specific to address the levy of the surcharge per Florida Statutes. Mr. Stephenson stated that Florida Statutes provided the City of Cocoa with its ability to set rates outside its City limits for water service and that the franchise agreement could include a direct reference to that particular Florida Statute. Mr. Kancilia stated that a reference to the general statutes would cover both parties; he would add the following wording to the first sentence of Section 12 (a): "or the maximum surcharge provided by any general or special State law ". 5. Dis cussion & Motion Re: Water Conservation Plan . Mr. Boucher explained that the City staff had been working on the Water Conservation Plan which had to be submitted to the St. Johns River Water Management District by January 13, 1994. He stated that the City of Cocoa had provided the City with flow control devices to be distributed to City residents and that the City's Building Department personnel would offer the flow control devices to residents as they came in for permits. He explained that the St. Johns plumbing code was more restrictive than the City's and revisions would be made to the City's plumbing code. The City would also be disseminating water conservation educational City of Cape Canaveral, Florida Combined Workshop & Regular Meeting January 4, 1994 Page 9 information to the citizens. The Plan would be submitted to St. Johns for comments and its approval. Mr. Randels questioned if St. Johns would require a dual irrigation system in new housing developments for reuse water. Mr. Stephenson responded that if the City had a reuse system in place then a Plan would be needed for implementation and growth of the reuse system. He stated that the City of Cocoa's reuse system was for irrigation purposes and non - potable uses. He commented that St. Johns was mainly interested in the use of ultralow now plumbing fixtures, the legal requirements for moisture sensors on irrigation systems, and xeriscape regulations. Motion by Mr. Randels, seconded by Mayor Salamone to approve the Water Conservation Plan as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For. 3. Discussion & Motion Re: Release of capital funds to fund capital eq items and funds to fill two (2) part-time positions. Motion by Mayor Salamone, seconded by Mr. Randels to release the capital funds to fund the capital equipment. Mayor Salamone stated that the City Manager had proposed a change in the structure of the Building Department positions (upgrading to full -time Secretary II position and reducing the full -time Code Enforcement Officer position to part- time). She asked Council for more time to research the implications of restructuring the Building Department. She advised that in 1993 there were 85 building permits issued, but that last month, there were 37 incidents of Code Enforcement. Mr. Nicholas asked for the rationale behind the proposal to change the Building Department positions; he stated that the Council should go along with the budgeted recommendations which were for a full -time Code Enforcement Officer and a part-time Secretary. Mayor Salamone stated that the Building Department had not shown the need for a full -time Secretary. Mr. Berger stated that he wanted to hear the concerns of the City Manager and the Building Department because they would be knowledgeable as to which position required a full -time employee. He stated that the Building Inspector (if the trend continued at approximately 85 building permits per year) could also do many of the Code Enforcement functions. He advocated using a Building Inspector who knew the Building codes to issue Code Enforcement violations as most of the violations were relative to building structures. Mr. Boucher stated that he had spoken to Building Department staff and that the City was losing an individual through retirement who had been with the City for eight (8) years who also had secretarial skills. He advised that the Building Official felt that a full -time Secretary was needed to handle the high volume of paperwork within the Department. He stated that having a part- time Code Enforcement Officer who could be certified under Building Code certification would ~ . - be an asset to the Department. He stated that after looking over the overall operation of the Department, a full -time Secretary was needed. City of Cape Canaveral, Florida Combined workshop & Regular Meeting January 4, 1994 Page 10 Mr. Berger stated in his contacts with Mrs. Hutcherson, she appeared to work more as a Secretary than as a Code Enforcement Officer. Mayor Salamone stated that Mrs. Hutcherson's secretarial work was for Code Enforcement rather than the Department as a whole. Mr. Nicholas suggested scheduling this item for further discussion at the next workshop and asking that the Building Department personnel be present at the workshop. Mr. Berger stated that he was inclined to go along with Mr. Boucher's recommendation. Mr. Boucher stated that there would be no secretarial support in the Building Department after February 4th. Mr. Randels stated that he did not wish to downgrade anything in Code Enforcement and that the Code Enforcement Officer for the past few months had been doing 100% secretarial work. Mr. Randels suggested discussing the item at the next workshop and not waiting until the first workshop in February. Council concurred to schedule the item for discussion at the next Council workshop on January 13th. Mr. Randels stated that Florida Statutes required a certified Building Official. Mr. Boucher explained that Mr. Kleving was submitting for his standard certification in five (5) areas; and Mr. Morgan would be submitting his standard or limited for his Building Official status by F March 31, 1994. He explained that a limited certificate would require that the individual obtain full certification within two (2) years. Mr. Boucher stated that if a full -time Code Enforcement Officer was hired, he would want someone who was willing to become certified in one or more of the building categories. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For. 4. Discussion & Motion Re: Resolution No 94 -01 Approving the final plat of Ocean Court. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "OCEAN COURT "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Resolution No. 94 -01. Mr. Nicholas stated that there were still problems with the submittal of information regarding preliminary and final plats to the Boards or the City Council within the required time frame. He asked that requests not be submitted to the Board unless all requirements had been met. Mayor Salamone stated that all Boards should be notified that if an item came before them ^ without all the required paperwork that it should be tabled. Mr. Kancilia explained that once an item was placed on an agenda, the determination of how to proceed was decided by that City of Cape Canaveral, Florida Combined Workshop & Regular Meeting xm January 4, 1994 Page 11 i particular Board. If Council wanted to limit the Board's ability to consider a matter when the application was incomplete, then the ordinance would need to be revised. He stated that Council may want to advise the Boards that unless all the application items were submitted that they had no jurisdiction to take any action. Council concurred to ask Mr. Kancilia to amend the ordinance as suggested. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For. 6. Discussion Re: Possible formulation of a Cooperative Committee between the City. Canaveral Port Authority, and the City of Cocoa Beach. Mr. Boucher advised that Mr. Porter had suggested that elected officials from the three (3) local entities meet once a month to address mutual concerns. Mayor Salamone volunteered to serve as the member from Cape Canaveral. She stated that the first meeting would be Wednesday, February 2, 1994, with the time and place to be determined later. Mr. Randels questioned _ whether the committee would be composed of City staff members and /or elected officials. He expressed his opinion that the City Managers and Port Manager be included in the committee. Mr. Kancilia advised that there was an Attorney General's opinion which stated that boards or commissions that were created by interlocal agreement may constitute a board or commission subject to the Sunshine Law. If the local governmental entities had authorized the creation of the committee and had also authorized their designee to act on their behalf as their agent or authorized that the individual on that committee to make recommendations to the respective governing bodies as to courses of future action, the committee would be subject to the Sunshine Law. He suggested that the charter of the proposed Committee be one of fact finding only. Mr. Nicholas suggested enacting a resolution denoting the limitations of its powers, functions, and responsibilities of the Committee. Council concurred to ask Mr. Kancilia to prepare the resolution for the next workshop. After a five - minute break, the meeting was reconvened. 7. D iscussion Re: City Attorney's Quarterly Report Mr. Kancilia advised that there was one item on the Quarterly Report that required Council's attention which was the matter of Royal Mansions Condominium Association vs. the City. He stated that Judge Evander issued an order which stated that the individual unit owners would be members of the class which was represented by the Condominium Association and would be bound by a judgement in that case unless the City sought a cost judgement against the defendants. If the City intended to seek a cost judgement against the unit owners, the owners would be allowed to opt out of the class. If the owners opted out of the class, the owners would not be bound by the judgement which would be rendered in the case. Mr. Kancilia stated that City of Cape Canaveral, Florida Combined Workshop & Regular Meeting January 4, 1994 U Page 12 the City expected a favorable result and his recommendation to Council would be that the City Attorney be allowed to tell Mr. Healy, who was conducting the litigation in the case, that the City would not seek a cost judgement against the individual unit owners, thereby allowing the City to get a judgement against the unit owners. The City could then proceed to enforce the ordinance against the unit owners as written and the unit owners would not be able to appeal to the court by saying that the City's ordinance was invalid if the City prevailed in the case. Council concurred with Mr. Kancilia's recommendation. Mr. Nicholas questioned the time limitation on the employee complaints against the City included in the City Attorney's Quarterly Report where no further action had been taken. Mr. Kancilia stated that depending on the type of action, the typical limitation of the actions would be four (4) years from the date of the alleged wrongdoing on the part of the City. 8. City Manager's Report. Mr. Boucher commented on the possibility of regulating the landing of helicopters within the _ City's jurisdiction. He stated that the City had the right to only regulate a heliport business. F r"1 Mayor Salamone stated that she did not want helicopter landings in the City, except in emergencies. She asked the City Attorney to determine if the City could eliminate the helicopter landings in the City, except for emergencies. Mr. Boucher stated that several local communities within the County had been certifying basic cable service rates. A memo outlining the specifics of the certification was included in the Councilmembers' packets. Council concurred to place the item for discussion at the next workshop meeting. Mr. Boucher briefly mentioned the extra contractual legal expense insurance that was included under the City's current policy with Florida League of Cities. Mayor Salamone stated that recently in the newspaper it was reported that three (3) Councilmembers had been before an Ethics Commission and been acquitted of all allegations against them. She stated that it had cost the Councilmembers tremendous out -of- pocket expenses. She explained that legal expense insurance coverage would pay 60% of the legal fees. Mayor Salamone stated that the charges were done in a malicious manner and she believed that the City should reimburse those Councilmembers for the remaining 40 %. She wanted the City to pursue legal action against the individuals who had made the malicious charges for the 40% reimbursement. Mr. Nicholas agreed with Mayor Salamone's comments and he questioned if the errors and omissions portion of the insurance would cover the legal fees. Mr. Boucher stated that the errors and omissions insurance excluded ethics violations. Mr. Kancilia advised that he would further research the possibility of the suggested litigation. He stated that there was a provision under the ethics part of the State Statutes which allowed the Ethics Commission to attempt to recover fees and costs against a complainant for a frivolous City of Cape Canaveral, Florida Combined Workshop & Regular Meeting �,, ...,. January 4, 1994 Page 0 complaint. He stated that the Ethics Commission provision had a very short time frame and he would need to determine whether or not there was another avenue of relief available. Mr. Kancilia stated that Councilmembers were entitled under Florida Statutes, Section 111.07, for reimbursement for successful defense of a civil action. The Statute had been interpreted to exclude ethics complaints, but there was a common law theory of recovery which permitted cities to reimburse Councilmembers for defense of ethics complaints because it was a part of their duties as a Councilmember. Council concurred to have the City Attorney further research the matter. Mr. Boucher reminded Council that Brevard County Commissioner Karen Andreas would be holding a town forum on Wednesday, January 5, 1994, from 7:00 to 9:00 p.m. in the Council Chambers. Council concurred to reschedule the Special Workshop Meeting to discuss the proposed Personnel Rules and Regulations from January 10, 1994, to Tuesday, January 25, 1994, at 6:00 p. M. Mr. Boucher stated he had spoken with Ron Ferland, Dyer, Riddle, Mills & Precourt, to set up the scope of services for evaluating the current wastewater plant and the reuse option with Cocoa - -- Beach and the cost analysis report would be presented at the January 27th workshop meeting. Mr. Boucher stated that he had available for Council's review a 50- minute video tape on reuse; Mayor Salamone borrowed the tape. Mayor Salamone asked that a discussion item regarding an Architectural Review Board be placed on the next workshop meeting's agenda. Ms. Haggerty mentioned that the Equity Study Commission meeting was scheduled for January 19, 1994, at 7:00 P.M., and she briefly explained the goals and objectives of the Commission. ADJOURNMENT: There being no further business, the meeting adjourned at 9:25 P.M. Approved this 18th day of January 1994. Joy. . S mone, MAYOR ATTEST: MENERM Faith G. Miller, CITY ftERK ADOPTION OF MINUTES: 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 voting as follows: Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember ` Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Discussion & Motion Re: Reimbursement of expenditures incurred by former Councilmember Ann Thurm in defense of ethics complaint. 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 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 r j 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: 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 voting as follows: Mayor Pro Tem. Porter, For; Councilmember Berger, For; Councilmember ` Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Discussion & Motion Re: Reimbursement of expenditures incurred by former Councilmember Ann Thurm in defense of ethics complaint. 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 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 Regular City Council Meeting Y " 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 Ll full -time SecretaU II and one (1) part-time Accounting g lerk position. P a Motion by Mr. Randels, seconded by Mr. Berger to release funds to fill one full -time Secretary II position in the Building Department and one part-time Accounting Clerk position in the 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. P7,11 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 Regular City Council Meeting January 18, 1994 Page 3 presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Motion Re: EgQuest 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 1_ FCC would appear at a public meeting announcing that there would be a rate increase. Mayor Salamone advised that the City had no control over the FCC. It was noted that once the City 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 Tern Porter, Against; Councilmember Berger, Against; Councilmember Nicholas, Against; Councilmember Randels, Against. 6. Resolution No 94 -02 Supporting the formulation of a Local Government Cooperative 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 DATE. Motion by Mr. Nicholas, seconded by Mr. 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 Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; City of Cape Canaveral, Florida -- Regular City Council Meeting January 18, 1994 Page 4 Councilmember Randels, For. 7. Ordi No 01-94. Amending City's Code of Ordinances Chanter 685. Parking Regulations to allow the designation of fire lanes for first read 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 ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685.02, ESTABLISHING 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 by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 01 -94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tent Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Ordinance No 02-94, Amending City's Code of Ordinances Section 645.05. Site Pl Submittal and Review Procedures, for first reading. 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(B)(8) PROVIDING THAT THE PLANNING AND ZONING BOARD SHALL ONLY CONSIDER COMPLETED SITE PLAN APPLICATIONS; ADDING NEW SECTION 645.05(B)(9) PROVIDING TIME LIMITATIONS FOR REVIEW OF SITE PLANS PREVIOUSLY DENIED 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 by 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 City's Code of Ordinances Section 645.35, Zoning O r d inance Interpretation and Enforcement deleting official to int=ret zoning regulations, for first reading. Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida Regular City Council Meeting January 18, 1994 i 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 -94 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 - Councilmember Nicholas Against I' l 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 January 18, 1994 Page 6 Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For After a five minute break, the meeting was reconvened. 11. O r d inance No 06-94. Amending City's Code of Ordinances Subsection (J) of Section 624 26 General Standards to eliminate replacement of structures which do not conform to reouirements 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 * PROVIDING FOR AN EFFECTIVE DATE. Motion by 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 Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 12. Ordinance No 07-94, Amending City's Code of Ordinances By repealing Section 737 11 Signaae. for first reading 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. Amending City's Code of Ordinances Paragraph (8) of Subsection ( B) of Section 729.03. Issuance of Permit to extend the time of conclusion of an outdoor entertainment event. for first reading 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 Tern 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, Prohibiting Consumption or Possession of Alcoholic Beverage, to provide that the City Council may waive the prohibitions of said section, for first reading 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 CAPE 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's Report 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 ` f budgeted. City of Cape Canaveral, Florida Regular City Council Meeting January 18, 1994 Page 8 J Mr. Boucher reported that the Brevard Correctional Institution, in cooperation with Keep Brevard Beautiful, had provided 5,664 inmate 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. 3. 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. Approved this day of 1994. Joy V. Sa mone, MAYOR ATTEST: ` Susan L. Chapman, DEPUTY CITY CLERK ADOPTION OF MINUTES: 1. Regular City Council Meeting of January 18, 1994 Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of January 18, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. 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 ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685.02, ESTABLISHING 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 by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 01 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 02 -94, Amending City's Code of Ordinances. Section 645.05 Site Plan II 11� Submittal and Review Procedures for second and final reading Mayor Salamone read the title of the Ordinance. CITY COUNCIL REGULAR MEETING February 1, 1994 7 A Regular Meeting of the Cape Canaveral City Council was held on February 1, 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 Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present (Late) 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. Regular City Council Meeting of January 18, 1994 Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of January 18, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. 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 ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685.02, ESTABLISHING 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 by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 01 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 02 -94, Amending City's Code of Ordinances. Section 645.05 Site Plan II 11� Submittal and Review Procedures for second and final reading Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 J Page 2 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(B)(8) PROVIDING THAT THE PLANNING AND ZONING BOARD SHALL ONLY CONSIDER COMPLETED SITE PLAN APPLICATIONS; ADDING NEW SECTION 645.05(B)(9) PROVIDING TIME LIMITATIONS FOR REVIEW OF SITE PLANS PREVIOUSLY DENIED 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 by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 02 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 03 -94 Amending City's Code of Ordinances. Section 645.35, Zoning Ordinance Interpretation and Enforcement by deleting official to interpret zoning regulations, for second and final reading - Mayor Salamone read the title of the Ordinance. 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 Mr. Porter to adopt Ordinance No. 03 -94 at second and final reading. Mayor Salamone explained that Council did not want the Building Official to be the individual responsible for interpreting the codes and that the codes were to be enforced in the way that they were written. Mr. Nicholas believed that the Building Official needed to be the sole interpreter of the ordinances and by amending the ordinance, Council was subjecting the Building Official to outside influence and pressure to interpret the ordinance the way someone else perceived. Mr. Kancilia advised that the City should not have one individual in the position to potentially bind the City by that persons' decision /interpretation. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For WPM Councilmember Nicholas Against Councilmember Randels For City of Cape Canaveral, Florida .c. Regular City Council Meeting February 1, 1994 U i Page 3 4. Ordinance No 05 -94 Amending City's Code of Ordinances. Section 645.31. Reconsideration of Administrative Review Special Exce„_ption or Variance to clarify the exception of the time period for petitions for reconsideration filed by the City Council. for second and final 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. Porter, seconded by Mr. Randels to adopt Ordinance No. 05 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 06 -94 Amending City's Code of Ordinances Subsection (D of Section 624.26. General Standards to eliminate replacement of structures which do not conform to requirements for Flood Damage Prevention, for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 1. 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 PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 06 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No 07 -94 Amending_ City's Code of Ordinances By repealing Section 737 11 Signage for second and final reading P Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 4 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. Porter, seconded by Mr. Randels to adopt Ordinance No. 07 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Ordinance No 08 -94 Amending_Citv's Code of Ordinances Paragraph (8) of Subsection (B) of Section 729 03 Issuance of Permit to extend the time of conclusion of an outdoor entertainment event, for second and final reading 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 SEVERABILTTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 08 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Ordinance No 09 -94 Amending City's Code of Ordinances. Section 604.02, Prohibiting Consumption or Possession of Alcoholic Beverage to provide that the City Council may waive the prohibitions of said section, for second and final reading 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 CAPE CANAVERAL TO PROVIDE THAT THE CITY COUNCIL MAY WAIVE THE PROHIBITIONS OF SAID SECTION; PROVIDING FOR SEVERABILTTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Ordinance No. 09 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 .- Page 5 / NEW BUSINESS: 1. Motion Re: Authorization for Ci,jy Manager to pursue proposed public access reuse Motion by Mr. Randels, seconded by Mr. Porter to authorize the City Manager and staff to pursue the design, plan and permitting of the public access reuse system and any associated interlocal agreements that would be required to implement and permit the system. Mr. Boucher advised that he had obtained a copy of a reuse survey that had been proposed earlier which would be sent to all City residents via utility billing lists. Discussion ensued regarding the proposed reuse system. Mr. Nicholas suggested that the reuse proposal with Cocoa Beach include "up to one million gallons of reuse" rather than a set figure of one million gallons and that the reuse contract be short-term. He also wanted the City to pursue the feasibility of Cocoa Beach paying for the pump station connections. Mr. Randels spoke in favor of the reuse program. There was extensive discussion regarding the items which should be discussed during the negotiations with Cocoa Beach and the Port for the proposed public access reuse program. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Motion Re: Proposal for Agreement for Design and Construction Services for the 77 ` _ Replacement of Pump Station No. 1 Motion by Mr. Randels, seconded by Mr. Porter to authorize the City Manager to pursue the plan, design and construction of the replacement of Pump Station No. 1 at a cost of $33,047. Mr. Randels addressed questions regarding the Compensation Summary provided by Dyer, Riddle, Mills & Precourt. Mr. Ron Ferland, Vice President of Dyer, Riddle, Mills & Precwurt, stated that he would reduce the contract price by 10% ($3,000). He explained that each individual lift station had specific hydraulic, sighting and electrical considerations. Mr. Ferland further explained the main components of the design activity for the pump station. Mr. Berger arrived at the meeting at this time. Mr. Ferland stated that the estimated cost of construction of the pump station was $188,000. Mayor Salamone stated that the motion was for the design and construction services for the replacement of Pump Station No. 1 at a cost not to exceed $30,046. 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. Motion Re: Request by Lillian Joyce Dulworth to waive storage fee imposed on impounded vehicle Mr. Kancilia advised that the ordinance which regulated seizing of private property that became effective in April 1993 no longer required an automatic storage fee of $10.00 per day. In the Dulworth case, the City had not incurred storage charges, but it had incurred towing charges of $20.00. Mr. Nicholas questioned if the item should have been handled administratively since no provision existed for Council to waive fees. After an ensuing discussion, Council concluded City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 6 that it was in the City Manager's jurisdiction to handle the matter administratively. Motion by Mayor Salamone, seconded by Mr. Porter to instruct the City Manager to take care of the matter. 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: Reimbursement of expenditures incurred by Mayor Pro Tem John Porter in defense of ethics complaint Motion by Mayor Salamone, seconded by Mr. Berger to authorize the reimbursement of expenditures incurred by Mayor Pro Tem Porter in defense of ethics complaint in the amount $2,507.55. Mayor Salamone read the outcome of the complaints: Accordingly, these complaints are dismissed with the issuance of this public report". Mr. Kancilia stated that one of the considerations in the reimbursement of travel expenses was the City's travel policy which limited the amount of travel expenses that a Councilmember or a member of City staff may incur. There was discussion regarding the travel expense limitations and whether or not the limitations should apply to the reimbursement of expenditures incurred by Councilmembers in defense of ethics complaints. Motion by Mayor Salamone, seconded by Mr. Berger to amend the motion to reimburse the expenditures of Mayor Pro Tem Porter in compliance with the City's travel policy. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Abstained 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 Abstained Councilmember Berger For Councilmember Nicholas For Councilmember Randels For Mayor Pro Tem Porter expressed his opinion that people who file charges against public officials should be somewhat responsible for the outcome. He stated that if he had been found guilty under Florida law then he would have borne the total costs, but when people made false accusations and placed others under this type of expense then the responsibility for the expenses should be on the accusers and not on the City. Mayor Salamone stated that Mr. Kancilia would City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 7 be instructed to retrieve the funds from the individuals who had initially made the charges. She also felt that since the case was totally dismissed without issuance, that Mr. Kancilia needed to pursue legal action against the individuals quickly to reimburse the City for the expenses. Mr. Bob Hoog questioned why the City had removed spouses and family members from City Boards. Mayor Salamone stated that the City had not removed any members from City Boards and she explained the events that had led up to the referendum issue on the nepotism question being placed on the election ballot. She explained that the referendum totally forbid married volunteer Board members from serving on two different City Boards. She stated that she had asked Mr. Kancilia to determine whether or not the City could present a referendum issue to the voters in November to ask that the City follow the State nepotism provisions which were less stringent than the City's current charter provision regarding nepotism. 5. Motion Re: Reimbursement of expenditures incurred by Councilmember Rocky Randels in defense of ethics complaint Motion by Mayor Salamone, seconded by Mr. Nicholas to authorize the reimbursement in accordance with the City's travel policy of expenditures incurred by Councilmember Rocky Randels in defense of ethics complaint in the amount of $1,957.25 which was dismissed with the issuance of the Ethics Commission public report. Motion carried with members voting as i follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Abstained Mayor Salamone asked the City Attorney to aggressively pursue legal action aimed at reimbursing the City for its expenses. 6. Resolution No 94 -03 Approving the final plat of Cape Gardens Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "CAPE GARDENS "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to approve Resolution No. 94 -03. Motion " carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting / February 1, 1994 Page 8 i 7. City Manager's R ort Mr. Boucher referenced his memo regarding the status of the sewage franchise agreement negotiations with Canaveral Port Authority. The City had requested that the Port pay a reserve capacity fee in the amount of $1,859,966 to reserve 250,000 gallons per day of sewage capacity. Mr. Boucher stated that he had come to an impasse with the Port staff. He stated that the Port's Director of Engineering had advised that he would recommend to his Board that the Port pursue the permit and design of its own wastewater treatment facility. He stated that if the Port was taking that stand that the Council should tell Mr. Ferland to design the City's facility without the Port's participation in the system. Mayor Salamone stated that she had met with Mr. Joe Lapolla, Canaveral Port Authority, and that he had stated that the City's financing of the $1.8 million over a 30 year period would not affect the sewer base rate charged to City residents /businesses. She asked the Port to show that scenario to the Council and explained that the City had also been looking at a wholesale sewage agreement. She stated the City had not completely stopped negotiations with the Port. Mr. Nicholas commented that he felt the City should put the Port on notice that the City [- intended to terminate its contract with the Port prior to the year 2000. There was further - -� discussion regarding the continuing negotiations with the Port, the up -front funds required by the City, the quality of the Port's sewage being discharged into the City's treatment system, and the possibility of the Port constructing its own treatment system. After a ten - minute break, the meeting was reconvened. Mr. Boucher advised that the recodification of the City's Code of Ordinances would be delayed by one month; but all of the ordinances adopted through Ordinance No. 09 -94 (since the proofs were returned to Municipal Code) would be included in the new Code free of charge. Mr. Boucher stated that City department heads traveled to Orlando to receive the 1993 Excellence in Safety Award presented to the City for outstanding performance and dedication to job safety by the Central Florida Chapter of the National Safety Council. Mayor Salamone stated that Council sincerely appreciated the employees' safety efforts. DISCUSSION: 1. Mr. Kancilia addressed the issue of regulating the landing and flying of helicopters within the City. The Federal Aviation Act effectively prohibited the City from attempting to regulate the flying of aircraft over and about the City including regulating the height at which aircraft may fly. State statutes did provide that the City could regulate the location of heliports within the City through its zoning powers. Mr. Nicholas questioned if the City could control through its zoning where the helicopters could land and Mr. Kancilia would research the matter further. City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 9 2. Mrs. Chapman advised that Council needed to schedule a special Council meeting to continue review of the Personnel Rules & Regulations. Council concurred to schedule the special workshop meeting for Tuesday, February 22, 1994, from 6:00 p.m. to 8:00 p.m. 3. Mr. Nicholas commented that the Mayor and Councilmember Randels should be given replacement Council packet folders. Mayor Salamone asked that new folders be ordered. 4. Mr. Porter advised that Nancy Hanson's youngest brother had recently passed away and he suggested that Council send flowers. Council concurred to send flowers. 5. Mayor Salamone asked that Mr. Bob Hoog's letter regarding his consideration for appointment to the Planning & Zoning Board be scheduled for the next workshop meeting agenda. She expressed Council's appreciation to Mr. Hoog for his willingness to serve on the Board. 6. Mayor Salamone questioned whether or not Robert Abbott had filed an appeal. Mr. Kancilia stated that the deadline was February 3, 1994, and to his knowledge no appeal had been filed as of that date. 7. Mr. Randels distributed handouts to Council relative to the allocation of the Local Option Tourist Development Tax. 8. Mr. Randels advised that Keep Brevard Beautiful had extended a challenge to all municipal entities within the County to see who could collect the most trash. Trash Bash Day was scheduled for April 16, 1994. 9. Motion by Mr. Randels, seconded by Mr. Nicholas to add an item to the agenda. Mr. Randels explained that City staff and the City Attorney had meet with Mr. Ali Tezel and his attorney regarding the Discovery Bay development. He stated that even after installing the road to the City's specifications, the developer could not market or sell the first lot because there was no public access to the land. Mr. Randels stated that the issue came about because previously the City had said or alleged to have said that it would extend Tower Boulevard. He explained that the add -on item would be for Council to consider furnishing or creating, designing and building a portion of Tower Boulevard to gain access to the Discovery Bay development. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For City of Cape Canaveral, Florida R Regular City Council Meeting February 1, 1994 i Page 10 Motion by Mr. Randels, seconded by Mr. Porter that the City construct approximately 300' of the beginning of Tower Boulevard that picked up from where Tower Boulevard currently ended on the western end and proceeded to the first entrance of the Discovery Bay development. Mr. Randels further explained his proposal and stated that currently Tower Boulevard ran west from Astronaut Boulevard and stops just past the Cape Sierra property. He was proposing that the City extend the road going westerly to the easternmost entrance (approximately 300') to allow the developer access to the property. He stated that the City required a developer to pay for the roads within the development and that it was the City's responsibility to provide a road to the development. Mr. Randels stated that the funds for the road were available in the City's current budget for FY 95/96. He expressed his opinion that it was the City's responsibility to provide the road to allow access to and from the development. Mayor Salamone stated that the developer should pay for the road as part of his development. Mr. Ali Tezel, Discovery Bay developer, stated that it was his understanding when the property was purchased that there were certain conditions to be met and that once those conditions were met the City would be responsible for paving Tower Boulevard. Mr. Kancilia explained that Mr. Tezel alleged that there was an agreement between the City in 1989 when Mr. Luis Lorie owned the property that stated that the City would construct Tower Boulevard. He stated that Mr. Tezel obtained ownership of the property subject j= to the conditions that Mr. Lorie had at the time. He stated that one of the conditions had been that the City vacate one of the right -of -ways so that the developer could proceed with the development in exchange for the City's vacation of the right -of -way, Mr. Tezel had agreed to move utilities. Mr. Kancilia read a portion of a letter dated August 29, 1990, written by Mr. Boucher regarding the Discovery Bay project: "You voiced concern over the delay in the construction of Tower Boulevard and noted that there was 500 feet that needed to be constructed to provide ingress /egress to your project. It was pointed out that we could not give you a firm date for construction because of problems encountered with the City's attempt to bid the engineering design work. We also noted that until the project is designed and the construction bids received, there is no assurance that the City will have the necessary funds for construction. You requested that the City consider constructing the road in phases with Phase I being the construction from AIA to the Sewer Plant." Mr. Kancilia stated that allegedly there was another document that created a firm undertaking on the part of the City which he had not seen. He stated that the City had entered into agreements with other developers concerning construction of roads. Mr. Porter questioned the total value of the project. Mr. Tezel stated that he had a conditional permit which clearly stated the City's intent and he had met all the conditions imposed by the City. Mr. Jim Peeples, Attorney for Mr. Tezel, stated that the building permit for the project referenced the conditions listed in the August 1990 letter. Mr. Kancilia stated that he did not interpret the letter as making a firm commitment on the City's behalf to build the road. There was further discussion regarding the conditions imposed on the development. Mr. Peeples stated 7 the homes to be constructed on the dry lots would be valued at $200,000 - $225,000 and the homes on the riverfront lots would be valued at $400,000 (25 homes total). City of Cape Canaveral, Florida ,. Regular City Council Meeting February 1, 1994 Page 11 Discussion followed regarding whether or not it was the City's responsibility to provide access to the development. Mr. Nicholas commented on the local option gas tax, its value and use to the City. Mr. Randels explained that his intent was to present the problem to Council and to attempt to come up with a consensus /method for the developer to continue on with his development. He read a Quit Claim Deed which deeded the Tower Boulevard property to the City from Shuford Mills and which stated that no special assessments would be made against the property for the cost of road installation, paving and maintenance. Mayor Salamone stated that the Deed referred to only Shuford Mills, not homeowners within the development. There was additional discussion regarding the basic history of the proposed Tower Boulevard improvements. Mayor Salamone stated that funds had been budgeted for improvements to the portion of Tower Boulevard that ran to the sewer plant for the FY 95/96. Mr. Porter stated that the City should be encouraging these type of developments. Mr. Randels explained his purpose for bringing the issue to Council. Mayor Salamone commented that infrastructure needs should be a partnership between what developers wanted and the needs of the City. Mr. Tezel commented that it was his understanding that once all the contingencies had been met the City would construct the road to his development. He stated that he had proposed that a cul -de -sac be placed at the end of Tower Boulevard to allow access at a cost not to exceed $10,000 and then when funds were available the complete construction of Tower Boulevard could be accomplished. Mr. Kancilia stated that the project design included entries on the eastern and western portion of the development, both of which access Tower Boulevard and that allowed a through street to the development and Mr. Tezel stated with the through street he would have to have all of Tower Boulevard constructed from AIA to the road bend. He stated that Mr. Tezel's proposal was that if the City agreed to put in a road to the easternmost entrance, he would place a cul -de -sac on the western part so that there would be only one entry in and out. Mayor Salamone stated that Council could not make a decision that evening due to a lack of information regarding the proposed cul -de -sac, costs involved, etc. and she asked that the City Manager submit additional information for Council's consideration. Mr. William Bennix encouraged Council's support of the Discovery Bay project and cooperation with the project's developers. Mr. Tezel questioned if the Council would approve of his construction of 300' of roadway to the eastern entrance of the development. Mr. Kancilia stated that the 300' of roadway was contingent upon the cul -de -sac. Mayor Salamone asked the City Attorney, City Manager and Building Official to meet with Mr. Tezel to explain exactly what else needed to be done in order to get his project underway. Mr. Tezel explained that he had done everything that was required as contingencies of the site plan. Mr. Kancilia stated that it was not the City Attorney's nor the City staff's job to point out step -by -step each task that must be accomplished by Mr. Tezel in Fn order to get his development constructed. Mayor Salamone commented that due to all the problems regarding the project it was only appropriate to ask the three (3) individuals to work out the details with Mr. Tezel. City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 `J Page 12 Mayor Salamone commented that she felt it was fair and equitable to ask developers to construct the infrastructure. Mr. Berger stated that he had served on City boards for seven (7) years and he remembered conversations regarding Discovery Bay in depth. He stated that he remembered giving the developer the impression that if the developer upgraded the sewer main, the City would work with the developer and the City would construct Tower Boulevard. Mr. Berger stated that it was in the best interests of the City to construct Tower Boulevard and to help the developer as much as possible. He expressed his support of the City paying for the road. Mr. Nicholas stated that it was his understanding that the relocation of the utilities was not for the City's benefit; that it was because the developer wanted the utilities moved to allow more development of the northeastern portion of the property. He did not feel that it was unreasonable to provide the access to the Discovery Bay property. Mr. Tezel reiterated his position regarding the project. Mr. Randels withdrew his motion. Mayor Salamone stated that the City did not have available funds to pave Tower Boulevard and she suggested that Mr. Tezel work with the City Manager and Building Official to determine the steps necessary to complete the project. ADJOURNMENT: -- There being no further business, the meeting adjourned at 9:50 P.M. Approved this 15th day of February 1994. Jo C. mone, MAYOR ATT Faith G. Miller, CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR (COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L. NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD. COUNCIL, COMM ISSIOM AUTHORITY. OR COM MITT Porter, John K. Cape Canaveral City Council MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 105 Polk Avenue X CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY Cape Canaveral, FL 32920 Brevard NAME OF POLITICAL SUBDIVISION: City of Cape Canaveral DATE ON WHICH VOTE OCCURRED MY POSITION IS: February 1, 1994 XJ ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vole basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother -in- law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation arc not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH ...E VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 811 - 10.91 PAGE I WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non- advisory bodies who arc presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one - acre, -one -vote basis arc not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother -in- law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, eoowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF' I INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THL .OTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for , recording the minutes of the meeting, who will incorporate the form, in the minutes. A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. E FORM 80 - 10.91 PAGE I CITY COUNCIL SPECIAL MEETING ,% February 11, 1994 A Special Meeting of the Cape Canaveral City Council was held on February 11, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:27 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tern John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Absent Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Clerk Faith Miller Present BUSINESS: 1. Motion Re: Authorization for purchase of a command vehicle for the Cape Canaveral Volunteer Fire Department. Motion by Mr. Porter, seconded by Mr. Berger to authorize the purchase of a command vehicle for the Cape Canaveral Volunteer Fire Department in an amount not to exceed $7,294. Motion corrected by Mr. Porter for an amount not to exceed $8,471 which included the items outlined in Chief Sargeant's request for the vehicle dated February 8, 1994. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For. 2. Motion Re: Authorization for purchase of a vehicle for the Wastewater Treatment Plant Motion by Mr. Porter, seconded by Mr. Berger to authorize the purchase of a vehicle for the Wastewater Treatment Plant at an amount not to exceed $13,870. Motion by Mayor Salamone, seconded by Mr. Porter to amend the motion to provide that the funds for the purchase come solely from the Wastewater Treatment Plant budget with no funds to be taken from the Contingency Fund for the purchase. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For. City of Cape Canaveral, Florida Special City Council Meeting February 11, 1994 Page 2 ADJOURNMENT There being no further business, the meeting adjourned at 7:30 P.M. Approved this 15t hday of February , 1994. Jo C. amone, MAYOR ATTEST: A Faith G. Miller, CITY CLERK 4 CITY COUNCIL REGULAR MEETING February 15, 1994 A Regular Meeting of the Cape Canaveral City Council was held on February 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. Regular City Council Meeting of February 1. 1994 Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of February 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. 2. Special Cif Council Meeting of February 11 1994 Motion by Mr. Porter, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of February 11, 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. PRESENTATION 1. Presentation of Annual Audit for FY 92/93 by Hoyman. Dobson & Company Mr. Tom Kirk, Audit Director of Hoyman, Dobson & Company, introduced Ms. Debbie Bradley as the Audit Manager for the project. He explained that the purpose of the audit was to obtain an expression of opinion regarding whether or not the financial statements were fairly presented. The City had received a "clean opinion" on the presented financial statements. Mr. Kirk reviewed the following graphs: 1) Comparison of governmental fund types and expendable trust funds revenue sources for 1992 and 1993; 2) Comparison of governmental fund types and expendable trust funds expenditures for 1992 and 1993; 3) Governmental fund types and expendable trust funds revenues and expenditures, 1988 - 1993; and 4) Sewer fund income, 1990 - 1993. Mr. Randels commented that the City had collected only $463,780 in tax levies and that the bonded debt per capital had decreased. Mr. Berger stated that the capital outlay had decreased significantly in FY 92/93. Mr. Kirk explained that the City had incurred City of Cape Canaveral, Florida Regular City Council Meeting R February 15, 1994 Page 2 a $12,000 shortfall in revenue, yet it had experienced a $27,503 excess of revenues over expenditures in the past year. Mayor Salamone stated that the budgetary decisions had been made based on economic trends and in the best interests of the City's citizens. Mr. Kirk further explained the compliance section of the audit including the management letter comments, audit findings and recommendations. He recommended that another independent sample of building permits and a study of the building department's internal control structure be conducted to determine the compliance of matters brought up during the 1993 study of the building department's internal controls. Mayor Salamone asked Mr. Boucher to further review the recommendations included in the audit and implement same as soon as possible. PROCLAMATIONS 1. Irish- American Heritage Month - March 1994 Mayor Salamone read the proclamation and presented it to Mr. Frances Harrington. Mr. Harrington thanked Council for the proclamation and spoke briefly regarding the Irish ancestry and the Ancient Order of Hibernians. NEW BUSINESS 1. Motion Re: Appropriation of funds to stabilize Tower Boulevard Motion by Mayor Salamone, seconded by Mr. Porter to authorize City staff to secure competitive bids to stabilize Tower Boulevard as a dirt road. Mayor Salamone stated that the estimated cost for the road stabilization was $10,000 - 15,000 which would be taken from reserves. She explained that the capital improvement plan included the paving of Tower Boulevard in FY 95/96. Mr. Nicholas questioned if the bid specifications would include an anticipated life expectancy for the stabilization. Mr. Boucher stated that the minimum specifications for a dirt road would be required. Mr. Randels questioned if the installation of the road would impede the ability of the developer to pull the necessary building permits. Mr. Boucher stated that it would be a judgement on the part of the Building Official and Fire Chief as to whether or not Mr. Tezel would have sufficient access to the development while the roadway was being constructed. Mayor Salamone stated that according to the building codes it required that the stabilized roadway had to be in the works in order for the developer to pull his permits. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Motion Re: Authorization for purchase of a pick -up truck for the Street Division Motion by Mr. Porter, seconded by Mr. Randels to authorize the purchase of one 1994 Ford City of Cape Canaveral, Florida Regular City Council Meeting February 15, 1994 Page 3 _i Ranger Pick -up Truck for the Street Department at a cost of $9,155. Mayor Salamone stated that all funds were to be taken from the Street Department budget, not from reserves. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Motion Re: Part-time Code Enforcement Officer position Motion by Mr. Randels, seconded by Mr. Porter to authorize the release of funds to fill one part-time 20 hour per week Code Enforcement Officer position. Mayor Salamone stated that she wanted the flexibility to allow the part-time employee to work some evenings and weekend hours. Mr. Randels spoke in favor of the request. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No 94 -04 Appointing a member to the Planning and Zoning 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 PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to approve Resolution No. 94 -04 with the appointment of Robert E. Hoog to the Planning and Zoning Board with a term to expire September 15, 1995. Mayor Salamone stated that Council had received Mr. Hoog's letter of resignation from the Zoning Board of Adjustment. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 10 -94 Amending City's Code of Ordinances. Chapter 733, Alcoholic Beverage Sale Regulations to change the hours of operation for Sunday liquor sales Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 733.01, TIME OF OPERATION REGULATED FOR ESTABLISHMENTS HOLDING STATE BEVERAGE LICENSES AND ANY OTHER COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE SERVED OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; AMENDING .�..� THE HOURS OF OPERATION FOR THE PURPOSE OF DISPENSING, SELLING, CONSUMING OR SERVING ALCOHOLIC BEVERAGES ON SUNDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting February 15, 1994 4 : Page 4 i Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 10 -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. 6. Motion Re: Appointment of alternate member to the Metropolitan Planning Organization's Technical Advisory Committee (MPO /TACT Motion by Mr. Porter, seconded by Mr. Nicholas to appoint Michael Gluskin, Public Works Director, as the City's alternate member to the Metropolitan Planning Organization's Technical Advisory Committee (MPO /TAC). 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. Monthly Activity Reports No comments. { 8. City Manager's Report Mr. Boucher advised that the City had received an award for five (5) consecutive years of being designated as a Tree City, USA. Mr. Berger suggested that Council have group photographs taken of past and present Councils. Mayor Salamone also suggested that the City's Historian, Ann Thurm, be contacted to ask that she coordinate the collection of group Council photographs. Mr. Nicholas advised that in the past, group photographs were taken of Council during the swearing -in of new Councilmembers. Mr. Boucher stated that Nancy Hanson, Recreation Director, had given Council a recap of activities being planned for the Patriot's Day celebration. DISCUSSION: 1. Mayor Salamone questioned how the ethics matter was progressing. Mr. Kancilia advised that he would be sending a letter to the individuals who had been reimbursed by the City for their expenses in defense of ethics complaints which asked for copies of all documents relating to the ethics complaints filed against each individual. Mayor Salamone questioned whether he had to notify the court in advance. Mr. Kancilia stated that the complaint would have to be filed and that would serve as the notification and Mayor Salamone asked that the process be expedited. 2. Mr. Porter questioned when the Council would be interested in holding a workshop meeting for presentations regarding the Redevelopment Corridor concept. Council concurred to schedule City of Cape Canaveral, Florida Regular City Council Meeting February 15, 1994 Page 5 i the March 31, 1994, workshop meeting at 6:00 p.m. to allow for the presentations. 3. Mr. Randels commented that he had issued a challenge to the other cities in Brevard County that the City of Cape Canaveral would have a larger Trash Bash participation than any other city on April 16, 1994. Council concurred to change the site to Cape View Elementary rather than the Little League field. Mr. Randels asked if the Council would like to include the "Clean the City" concept in conjunction with Trash Bash Day activities. Council concurred to include the collection of old appliances and recycling of telephone books in a general spring cleaning type of concept. 4. Mr. Randels questioned the status of having Lamar Russell serve as an ex- officio member of the Planning & Zoning Board. Mr. Kancilia stated that the ordinance which would permit the appointment of Mr. Russell as an ex- officio member grants that authority to the Planning & Zoning Board itself. He stated that the present City Charter nepotism provision appeared to apply only to appointments made by the City Council and that there was room for interpretation that since the Planning & Zoning Board would be the appointing authority that the nepotism provision would not apply. Mr. Kancilia advised that the State Attorney General would not issue an opinion on a City Charter provision. The Attorney General or the Commission on Ethics would only issue opinions related to State law. Mr. Kancilia stated that he wished to continue his research, but that the possibility did exist that Mr. Russell could be appointed by the Board as an ex- officio (advisory) member. 5. Mr. Randels distributed copies of a Titusville resolution which urged the Florida legislature to enact legislation that would grant immunity from personal civil liability, under certain circumstances, to volunteers working on behalf of nonprofit organizations and governmental entities. Council concurred to place the resolution for consideration on the next workshop meeting. 6. Mr. Randels distributed copies of information he had received from an elected officials seminar entitled Effectiveness in Office. He commented briefly on the highlights of the seminar. ADJOURNMENT There being no further business, the meeting adjourned at 7:46 P.M. Approved this 1st day of March Joy F. SalaWone, MAYOR ATTEST- Faz G. Miller, CITY CLERK ADOPTION OF MINUTES: 1. Regular City Council Meeting of February 15 1994 Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of February 15, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. PRESENTATION: 1. Mr. Mike Miller. St Johns River Water Management District Re• District's upcoming projects and Programs Mr. Mike Miller, St. Johns River Water Management District, presented a series of slides projecting present and future projects and the District's financial position. Mr. Porter asked if any large deposits of potable water had been discovered in the District's research. Mr. Miller replied that none had been discovered to his knowledge. Mr. Miller held a discussion on an experimental filtering system called Baffle Boxes. Mr. Nicholas expressed interest in the system and thought perhaps the system would be beneficial to the City's wastewater plant system. Mayor Salamone requested the City Manager to further research the system and report back to Council. PUBLIC HEARINGS: 1. O rdinance No 10-94 Amending City's Code of Ordinances Chapter 733, Alcoholic W17-1 Beverage Sale Regulations to change the hours of operation for Sunday liquor sales, f or second and final reading CITY COUNCIL REGULAR MEETING March 1, 1994 i i A Regular Meeting of the Cape Canaveral City Council was held on March 1, 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 Joy Salamone Present Mayor Pro Tern John Porter Present Councilmember Arthur Berger Absent Councilmember Leo Nicholas Present Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Attorney John Kancilia Present Acting Deputy City Clerk Sharon Hoover Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of February 15 1994 Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of February 15, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. PRESENTATION: 1. Mr. Mike Miller. St Johns River Water Management District Re• District's upcoming projects and Programs Mr. Mike Miller, St. Johns River Water Management District, presented a series of slides projecting present and future projects and the District's financial position. Mr. Porter asked if any large deposits of potable water had been discovered in the District's research. Mr. Miller replied that none had been discovered to his knowledge. Mr. Miller held a discussion on an experimental filtering system called Baffle Boxes. Mr. Nicholas expressed interest in the system and thought perhaps the system would be beneficial to the City's wastewater plant system. Mayor Salamone requested the City Manager to further research the system and report back to Council. PUBLIC HEARINGS: 1. O rdinance No 10-94 Amending City's Code of Ordinances Chapter 733, Alcoholic W17-1 Beverage Sale Regulations to change the hours of operation for Sunday liquor sales, f or second and final reading City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 2 Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 733.01, TIME OF OPERATION REGULATED FOR ESTABLISHMENTS HOLDING STATE BEVERAGE LICENSES AND ANY OTHER COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE SERVED, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; AMENDING THE HOURS OF OPERATION FOR THE PURPOSE OF DISPENSING, SELLING, CONSUMING OR SERVING ALCOHOLIC BEVERAGES ON SUNDAYS; 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. 10 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For. 2. Reso l u tion No 94-06 Vacating the former sixty foot (60' ) roadway easement for T ower � Boulevard Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; VACATING THE FORMER SIXTY FOOT (60') ROADWAY EASEMENT FOR TOWER BOULEVARD; REQUIRING THE DEDICATION OF NEW EASEMENTS TO THE CITY; REQUIRING THE CONVEYANCE OF A PARCEL OF LAND TO THE CITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter, to adopt Resolution No. 94 -06. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For. NEW BUSINESS 1. Resolution No 94-05. Urging the Florida Legislature to enact legislation that would grant immunity from personal civil liability under certain circumstances to volunteers working on behalf of nonprofit organizations and governmental entities Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD GRANT IMMUNITY FROM PERSONAL CIVIL LIABILITY, UNDER CERTAIN CIRCUMSTANCES, TO VOLUNTEERS WORKING ON BEHALF OF NONPROFIT City of Cape Canaveral, Florida Regular City Council Meeting y / March 1, 1994 Page 3 ORGANIZATIONS AND GOVERNMENTAL ENTITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter, to adopt Resolution No. 94 -05. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For. 2. Resolution No 94-07. Opposing Senate Bill 1405 regarding the National Flood Insu Re f o rm Act of 1993 and Supporting the National Flood Insurance Program (NFIP ) mprovement Act of 1994 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; STRONGLY OPPOSING SENATE BILL 1405 AND HOUSE BILL 3191 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS IT IS CURRENTLY WORDED; AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LANGUAGE ACCEPTABLE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -07. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 3. M otion Re: Acceptance of Annual Audit Report for FY 92/93 Motion by Mayor Salamone, seconded by Mr. Porter to accept the annual audit report for FY 92/93 as prepared by Hoyman, Dobson, & Company. Mr. Porter led a discussion regarding the permitting procedures in the Building Department. He asked Mr. Boucher if he felt comfortable with the current checks and balances. Mr. Boucher replied that the Finance Department was auditing 30% of the permits and had found no errors of any consequence. Discussion was held concerning a follow -up audit to ensure all procedures were in place and working properly. Approximate cost of the audit would be $4,500.00. Mayor Salamone asked Mr. Boucher to ascertain the exact cost of the audit and to provide proof that the program that had been implemented to audit the Building Department permitting process had resolved the problems experienced in the past. Mayor Salamone requested that Council receive a copy of the y � audit reports that the Finance Department had been conducting regarding the Building ( '�. Department. Ms. Haggerty advised that the comment contained in the Audit Report would remain in the City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 4 report until Hoyman, Dobson & Company conducted the next internal audit of the Building Department. Mr. Nicholas suggested that perhaps the City should go through the procedure of advertising for audit services. Mayor Salamone concurred with the suggestion. Mayor Salamone stated that she was very pleased with the financial position of the City and thanked Ms. Haggerty and Mr. Boucher for their efforts. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 4. Motion Re: Approval of lifeguard contract with Brevard County Motion by Mr. Porter, seconded by Mr. Nicholas to approve the lifeguard contract with Brevard County in an amount not to exceed $11,290.00. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For. 5. Motion Re: Cif Manager's Evaluation Mr. Porter stated that he had been impressed with Mr. Boucher's performance and his efforts to better himself through further education. Motion by Mr. Porter to authorize a 3.25 % merit increase for Mr. Boucher. Motion failed for lack of second. Motion by Mr. Porter to authorize a merit increase of 3.0 % for Mr. Boucher. Motion failed for lack of second. Motion by Mayor Salamone to authorize a 2.5 % merit increase for Mr. Boucher. Motion failed for lack of second. Mr. Nicholas stated that he believed that Mr. Boucher had been doing a good job as City Manager; however he felt that the position was being paid too much at this time. Mayor Salamone also expressed her concerns over the base salary being topped out in the next few years. Mr. Porter expressed that in the next few years the demands on Mr. Boucher would be much greater and his salary should reflect those efforts. Motion by Mayor Salamone, seconded by Mr. Porter to authorize a lump sum bonus of 2% ($832.00) for Mr. Boucher. Mr. Porter asked Mr. Boucher for his reactions to the motion. Mr. Boucher stated that he served at the pleasure of Council and would be satisfied with whatever Council decided. Mr. Boucher stated that he appreciated the opportunity to serve Council, the community and the employees. Mr. Porter stated that when considering merit increases in the future, what value the employee brought to the job should be of utmost consideration and he would hope that the employee would keep Council aware of all progress. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Nicholas, For. City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 U Page 5 Motion by Mayor Salamone, seconded by Mr. Porter to allow an add -on item to the Agenda to approve the final plat for Discovery Bay. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "DISCOVERY BAY "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Nicholas to adopt Resolution No. 94 -08. Mayor Salamone referred to the letter from Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., stating that several deficiencies existed on the final plat. Mr. Kancilia referred to the section on subdivision of land of the City's Code, and reviewed the deficiencies outlined in Mr. Ferland's letter. Mr. Nicholas asked if the items in question had been presented to the developer. Mr. Boucher stated that Mr. Tezel had been provided a letter itemizing all requirements for final plat approval. Mayor Salamone asked Mr. Tezel why the item had not been completed. Mr. Tezel responded that he had coordinated with the Building Department and had been advised that all conditions had been met. Motion by Mr. Porter, seconded by Mr. Nicholas to amend the motion to allow approval of the plat contingent upon fulfillment of the conditions as stated in the Dyer, Riddle, Mills & Precourt, Inc., letter of March 1, 1994. Mr. Nicholas stated that plat plans were routinely submitted to City Boards that were not complete. It was his opinion that from this day forth no plat plans should be considered unless all conditions were met. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 6. CiV Manager's Report No comments. U City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 6 DISCUSSION: 1. Mr. Nicholas stated that he felt the City should have a policy regarding who paid for paving of roadways, the developer or the City. Mayor Salamone requested that this item be included for discussion at a regular Council workshop meeting. 2. Mr. Porter requested approval on a presentation he would be making to the Economic Development Coalition on May 2, 1994. Council concurred. 3. Mr. Porter suggested that the March 31, 1994, workshop meeting be held at the Library. He stated that several representatives from various agencies in the County would be present to make presentations concerning economic development and AIA Beautification. Mr. Porter suggested that Council have some conclusions to present at the end of the meeting. Mayor Salamone suggested that the meeting be divided into two sections; presentations from 6:00 to 7:00, and facilitation from 7:00 to 8:00. Mayor Salamone volunteered to facilitate the group and bring conclusions back to the Council. 4. Mayor Salamone informed the group that she had been to a meeting with representatives from Port Canaveral, Cocoa Beach and Brevard County. The issues discussed were beach erosion and wastewater. The group would continue to meet monthly. ADJOURNMENT There being no further business, the meeting adjourned at 8:40 P.M. Approved this 15th day of March 1994. Joy ' /C. 0amone, MAYOR ATTEST: Sharon A. Hoover, ACTING DEPUTY CITY CLERK CITY 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 Tern 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 CitKCouncil Meeting 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 Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS AND PROCLAMATIONS: 1. Employee of the Quarter 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 - April 1994 and Trash Bash Day - April 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 March 15, 1994 Page 2 NEW BUSINESS: 1, Ordinance No 12-94, Amending City's Code of Ordinances Chapter 626 Life Safety Code to adopt the 1991 edition of the Life Safety Code. for first reading 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 by 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. 2. Ordinance No 13-94, Amending City's Code of Ordinances By deleting Section 611.03. Standpipe Section Amended, for first reading 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 PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 13 -94 at first reading. Dave Sargeant, 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 day to meet with the City 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 paid over a five -year period at a rate of $3.20 per month for each of the 90 units within Treasure Island. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, 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 agreement 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: • 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 Tern 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. 6. Resolution No 94 -14 Appointing a regular member to the Commercial Development 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 31st 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 Appointing 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, 1994 Page 6 Councilmember Nicholas Against Councilmember Randels Against 7. City Manager'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. r ` 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 property 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 ! 7 March 15, 1994 y' 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. S. 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 AIA 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. r(71 City of Cape Canaveral, Florida City Council Regular Meeting March 15, 1994 I Page 8 r' ADJOURNMENT: There being no further business, the meeting adjourned at 8:13 P.M. Approved this 5th day of April 1994. 7 Salamone, MAYOR ATTEST: Miller, CITY i. r-, CITY 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 Amending City's Code of Ordinances Chapter 626. Life Safety Code to ado_gt the 1991 edition of the Life Safes Code for second and final reading 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 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 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 2. Ordinance No 13 -94 Amending City's Code of Ordinances By deleting Section 611.03. Standpipe Section Amended. for second and final reading Mayor Pro Tern Porter 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 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 Tern 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 continued level of funding for NASA Mayor Pro Tern 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 by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -15. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 3. Resolution No. 94 -16. Increasing fee charged for dishonored checks Mayor Pro Tern 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 Program (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 -18. Naming a Private Street located within Discovery Bay in the City 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 by 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: Request to waive shuffleboard court fees for Brevard County Special Olympics 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 firm's 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 5, 1994 Page 5 follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Randels, For. 7. Motion Re: Resolution No. 94 -19. Authorizing the Mayor and City Clerk to enter into an agreement with the City of Cocoa Beach for sewage 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 Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 8. City Manager'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 HTF 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 AIA 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 AAr;1 , 1994. Jo C. Oamone, MAYOR ATTEST: Faith G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING April 19, 1994 A Regular Meeting of the Cape Canaveral City Council was Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. 7:00 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk ADOPTION OF MINUTES: held on April 19, 1994, at the City The meeting was called to order at Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present 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 water system improvements. 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 King 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 Tern 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: Request by Sheriff's Department for purchase of miscellaneous items from the Law Enforcement Trust Fund City of Cape Canaveral, Florida Regular City Council Meeting April 19, 1994 Page 3 Motion by 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. R No 94-10. Authorizing the Moor and Ciy Clerk to enter into a water franchise agreement with the Cijy 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 by 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 -20 AMmintine regular members to the Commercial Development 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 City's Code of Ordinances Chapter 312. t)rug Tree Workplace to change the criteria for Reasonable SusQcion 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 Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Citv Manaeer's 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. 8. 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. 10. 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 . ohn K. Porter, MAYOR PRO TEM ATTES : Faith G. Miller, CITY RK CITY COUNCIL REGULAR MEETING May 3, 1994 A Regular Meeting of the Cape Canaveral City Council was held on May 3, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:04 P.M. by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent Mayor Pro Tern John Porter Present Councilmember Arthur Berger Present (Late) Councilmember Leo Nicholas Present Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present PROCLAMATION: 1. National Cancer Survivor's Day - June 5. 1994 Mayor Pro Tern Porter read the proclamation and presented it to Ms. Brita Newcomer, National Cancer Society. Ms. Newcomer invited Council, City residents, and visitors to a special celebration for cancer survivors and their caregivers at Cape Canaveral Hospital on Sunday, June 5, 1994, from 1:00 to 3:00 p.m. ADOPTION OF MINUTES: 1. Regular City Council Meeting of April 19, 1994 Motion by Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of April 19, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. PRESENTATIONS 1. 1994 Spring Beautification Awards Multi - Family - Canaveral Bay Condominium Association Residential - Mr. & Mrs. Jerome Hudepol Commercial Johnson Controls World Services City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 2 Ms. Jackie Coates, Beautification Awards Chairman, presented a gift certificate from Maggie's Mini Nursery and a City Certificate of Appreciation to Mr. Dwayne Shaw, Canaveral Bay Groundskeeper, and Mr. Jack Fox, Canaveral Bay Condominium Association President, as the winners of the 1994 Spring Multi- Family Beautification Award. Ms. Coates presented a floral arrangement and Certificate of Appreciation to Mr. & Mrs. Jerome Hudepol for the 1994 Spring Residential Beautification Award. Mrs. Hudepol encouraged Council to continue its vigilant effort to save area trees. Ms. Coates presented a floral arrangement and Certificate of Appreciation to Mr. Mike Williams, Corporate Communications Manager, and Ms. Judy Mallet, Project Manager, of Johnson Controls World Services in recognition of winning the 1994 Spring Commercial Beautification Award. 2. Presentation by Mr. Paul R Gougelman. III of Reinman Harrell Graham Mitchell & Wattwood re: Brevard County vs Snyder lawsuit and its implication to the quasi - judicial nature of Board activities Mr. John Kancilia, City Attorney, explained that the meeting for purposes of Item No. 2 would be considered a joint meeting with the Planning & Zoning Board. Mr. Buzz Petsos, Planning & Zoning Board Chairman, called the meeting to order at 7:15 p.m. The City Clerk called the roll with the following members present: Mr. Petsos, Mrs. Barnes, Mrs. McNeely, Mr. Roney, and Mr. Hoog. Mr. Kancilia introduced Mr. Gougelman as a partner in the law firm of Reinman, Harrell, Graham, Mitchell & Wattwood whose avocation was local government with emphasis in land use regulations. He stated that Mr. Gougelman was a member of the East Central Florida Regional Planning Council and that he had written extensively on land use regulations. Mr. Gougelman distributed copies of an outline of his presentation to Council, City staff, and members of the Planning & Zoning Board. He summarized the following issues regarding quasi-judicial procedures: • Legislative vs. quasi-judicial decisions; 0 Specifics of the Board of County Commissioners of Brevard County v. Jack Snyder, Circuit Court affirmed the action of the County Commission, the Fifth District Court of Appeals reversal of the decision with a 45 -page opinion, and the landmark decision of the Florida Supreme Court which substantially modified what the appellate court had done; • Burdens of proof for rezoning substantially changed, applicant must show that City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 3 he /she has followed the correct procedures as far as applying for rezoning and that whatever they were requesting was consistent with the City's Comprehensive Plan; • Once the applicant has provided such a showing, the local government would have the following options: 1) Approve the rezoning request; 2) Show that the request was not consistent with the comprehensive plan and deny the request; or 3) Approve a less intense or less dense zoning designation. • Rezonings were to now be considered quasi-judicial in nature and every site specific rezoning before a City Council or County Commission could become a mini -trial; • Courts will no longer hear arguments by witnesses or independent experts on behalf of the City or County, courts will only review the record made before the City Council or County Commission, and decisions must be made on the basis of testimony by expert witnesses, such as planners and other independent experts; • All presentations of evidence such as photographs, aerial maps, maps of the area, etc., must be done at the public hearing; • Based on the Jennings v. Dade County case, no contact with the decision -maker prior to the rezoning hearing is permitted, such contacts may include: 1) Meeting with an applicant; 2) Meeting with or speaking to a constituent or other interested party about the proposal; 3) Discussing the case prior to the hearing with the City or County's planner; 4) Reviewing mail from parties regarding the case prior to the hearing; 5) Going to the site and looking at it, unless all commissioners and affected parties go at one time. • Site planning is quasi - judicial; City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 4 • Variances are a form of administrative or quasi-judicial relief; • The increased use of expert witnesses and the implications of same such as: the comments of witnesses must be probative or competent as to whether the standards in the ordinance have been satisfied, neighbors are not always incompetent to testify in a land use matter; consent or opposition of neighboring property owners and of the community, personal knowledge of circumstances by board members, letters and phone calls from the public, ex parte communications, and driving by the site subject to an application; • Jennings rule applies to all quasi-judicial matters, not just variances; it applies to conditional use permits, special exceptions, code enforcement proceedings, plat approvals, vested rights hearings, etc.; • Planning & Zoning Board viewed as a Board of technical expertise; • Other examples of legal cases pertaining to rezoning and /or other land use issues; Mr. Gougelman addressed questions from City Council and members of the Planning & Zoning Board. He expressed the need for the City to have clear and definitive standards in regards to rezoning and land use matters. Mr. Porter encouraged members of Council and the Planning & Zoning Board to write letters in support of Senate Bill 2585, which would provide for access to public officials and a method to expunge ex parte communication, to Senators Patsy Kurth and Patty Grogan. The bill may be discussed at the upcoming special session of the legislature in June. Mr. Porter questioned if members of the Planning & Zoning Board felt that a City Planner was needed on City staff. Mr. Petsos and Mrs. Barnes expressed their support of a full -time City planner on staff. Mr. Nicholas suggested that the Planning & Zoning Board review the zoning ordinance requirements pertaining to special exceptions and permitted uses. Motion by Mrs. Barnes, seconded by Mr. Roney to adjourn the Planning & Zoning Board meeting at 8:32 p.m. Motion carried with members voting as follows: Mr. Petsos, For; Mrs. Barnes, For; Mrs. McNeely, For; Mr. Roney, For; Mr. Hoog, For. PUBLIC HEARINGS 1. Ordinance No 15 -94 Adopting and Enacting a New Code for the City of Cave Canaveral for second and final reading Mayor Pro Tern Porter read the caption 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 City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 5 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. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 15 -94 at second and final reading. Motion carried with member voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Motion Re: Request by the Foreign Trade Zone Group Inc of Port Canaveral, to finance additional sewer impact fees per Section 535.021B1 Motion by Mr. Nicholas, seconded by Mr. Berger to allow the applicant to finance the impact fee per the prescribed rules of the ordinance in the amount of $10,780.70. Mr. Boucher stated that at the time of the original submittal the City had not received any plans for the project and the Building Official had not based the impact fee on fixture count, but on number of employees. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 2. Motion Re: Manatee Ad Hoc Committee recommendations Motion by Mr. Nicholas, seconded by Mr. Berger to accept the Manatee Ad Hoc Committee recommendations as submitted. Mr. Berger questioned if there was a conflict of interest involved in the matter since his wife was a member of the Manatee Ad Hoc Committee. Mr. Kancilia asked if Mr. Berger would derive any benefit from the adoption of the recommendation and Mr. Berger responded in the negative. Mr. Berger stated that his wife had been appointed to the Committee through administrative means, not by the City Council. Mr. Kancilia stated that he did not see a conflict of interest in this matter for Mr. Berger. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 3. Motion Re: Royal Mansions Condominium Association's settlement proposal Mr. Kancilia stated that the counsel for Royal Mansions Condominium Association had offered the City a settlement wherein the Condominium Association would agree to adhere to the City's ordinances. He stated that it did not appear that the settlement proposal contained any means by which the City could enforce the settlement; if the Condominium Association were to breach the settlement agreement, the City would be back in court having to sue to enforce the settlement City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 6 agreement. He stated that it was his recommendation to reject the settlement proposal as written and asked that the City Council authorize a counter proposal to Royal Mansions Condominium Association to the effect that the Royal Mansions Condominium Association agreed to the relief sought in the City's counterclaim which was the entering of an injunction against the Association and all the unit owners. Motion by Mr. Nicholas, seconded by Mr. Berger that the City reject the Royal Mansions proposal for settlement and that the City seek to renegotiate a settlement whereby the Condominium Association and owners would agree to the relief sought in the City's counterclaim which would include an injunction. There was discussion regarding whether or not the City could recoup any of its attorney's fees. Mr. Kancilia stated that if the City proposed that recovery of its attorney's fees be part of the settlement proposal then Royal Mansions may be reluctant to settle. Mr. Kancilia stated that if the owners and the Condominium Association were to violate the City's ordinances and rent units for less than seven (7) days, the City could cite the offending individuals through the Code Enforcement Board and those persons could be fined in accordance with the Code procedures. However, if the City were to obtain an injunction and the owners of the Association violated the terms of the injunction not only could the offending parties be fined by the court, but they would also be held in contempt of court. Mr. Kancilia stated that the injunction would provide a much stronger means of enforcement. Mr. Kancilia stated that the recommended settlement offer was the equivalent of what the City would receive if the case went through the trial. Mr. Porter stated that the overall concept was to keep the beaches from becoming commercial and he did not believe that the financial end of the matter was as important as the overall concept. There was further discussion regarding the settlement offer and various legal methods available to the City. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 4. Motion Re: Authorization for City Manager to seek a rehearing of the Sandra Butler Code Enforcement Board case Motion by Mr. Berger, seconded by Mr. Porter to authorize the City Manager to request that the Code Enforcement Board rehear the Sandra Butler case based on new evidence presented. Mr. Kancilia stated that there had been a miscommunication as to the extent to which Sandra Butler had complied with the citation. It was alleged that Ms. Butler had on two (2) occasions delivered or attempted to deliver plants to the City in order to replace the trees that had been cut down. He stated that apparently the evidence was incorrect and the Council's seeking of a City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 7 rehearing before the Code Enforcement Board would be to present new evidence to the Board as to the non - compliance of the property owner. Motion carried with members voting as follows: Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas Against 5. Resolution No 94 -22 Approving the final plat of Ocean Gardens - Wave Two Mayor Pro Tern Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "OCEAN GARDENS - WAVE TWO "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -22. Mr. Porter spoke briefly regarding problems associated with reviewing plats /building plans and he suggested that possibly in the future the City could use some computer modeling to better depict the actual layout of the development. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. Mr. Porter asked that discussion regarding implementation of an Architectural Review Board be scheduled at the next regularly scheduled City Council workshop. 6. Resolution No 94 -23 Establishing a new schedule of sewer impact assessment fees. Mayor Pro Tern Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF SEWER IMPACT ASSESSMENT FEES, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, SERVICE AREA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -23. Mr. Berger questioned how the City determined that the rates should be increased by 2.5%. Mr. Boucher stated that the rate increase was based on the Consumer Price Index (C.P.I.). Mr. Berger questioned whether or not the increases were actually warranted. Mr. Nicholas suggested that City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 8 City staff look more closely at the automatic cost -of- living increases. Mr. Porter stated that the sewer impact fees were based on infrastructure needs and the actual cost of providing for such infrastructure needs. Mr. Boucher stated that the sewer rates would not be increased until after 1997 and he expressed his support for growth paying its fair share of improvements. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 7. Ordinance No 14 -94 Amending the City's Code of Ordinances Chapter 352 Drug Free Workplace to change the criteria for reasonable suspicion testing. and to add new sections to cover routine Fitness for Duty testing. Follow -Up Testing and Injury Related Testing. for first reading Mayor Pro Tem Porter 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. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 14 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 8. Discussion & Motion Re: Ordinance No 17 -94 Amending City's Personnel Procedures to allow for pooling of sick leave under specific circumstances (EMERGENCY ORDINANCE) Mayor Pro Tem Porter read the title of the Ordinance. City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE CITY PERSONNEL PROCEDURES MANUAL AS ADOPTED BY ORDINANCE NO 15 -89 AND AS AMENDED BY ORDINANCE NO. 16 -90 TO CREATE A SICK LEAVE POOL; PROVIDING FOR A DECLARATION OF EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kancilia advised that the ordinance was presented to the Council as an emergency ordinance. He stated that under Florida Statutes, an emergency ordinance in order to be passed, dispensing with the usual notice and reading requirements, required a 2 /3rd's vote of the entire membership of Council and there were less than 2 /3rd's of the Council present at the meeting. Motion by Mr. Porter, seconded by Mr. Berger to table the ordinance. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 9. City Manaeer's Report. Mr. Boucher advised that the City had received word from Mrs. Hoover's physician that her cancer was terminal and she would be unable to return to the City's employ. He stated that Mrs. Hoover had the right to extend her insurance coverage under COBRA provisions and he suggested that possibly the City could continue to pay her insurance costs. Motion by Mr. Nicholas, seconded by Mr. Porter to add an item to the agenda for consideration of the City picking up the insurance costs for a City employee. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. Motion by Mr. Nicholas, seconded by Mr. Porter that the City pick up the costs of providing employee insurance for Sharon Hoover until such time as she no longer needed it. Mr. Berger questioned how long Mrs. Hoover was employed by the City and Ms. Miller responded that she was employed for 14 months in 1992 -1993, and she had been reinstated as a City employee on February 7, 1994. Mr. Porter stated that Mrs. Hoover was a wonderful person, cheerful, and hardworking. Mr. Nicholas questioned the circumstances surrounding Mrs. Hoover's reinstatement as a City employee. Mrs. Catherine Barnes questioned if this matter would set a precedence for a similar situation in the future. Mr. Nicholas stated that he was not concerned with paying the insurance which he considered to be a matter of compassion. 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 May 3, 1994 Page 10 Mr. Boucher stated that he had spoken to George Firkins, Cevesco, regarding the City's proposed purchase of 2.48 acres north of the wastewater treatment plant and that their offer of $200,000 for two (2) acres was valid and they would not accept $200,000 for 2.48 acres. Council concurred to purchase the originally discussed two (2) acres at a purchase price of $200,000. Mr. Boucher stated that Michael Gluskin, Public Works Director, had completed the NPDES permit application and the United States Environmental Protection Agency (EPA) had determined that the application was complete. He expressed his appreciation to Mr. Gluskin for a job well done. Mr. Boucher stated that Council had received a copy of the "Florida Finding of No Significant Impact" in regards to the State Revolving Loan Fund application and he stated that groundbreaking on the improvements to the wastewater plant should begin in the latter part of the summer. Mr. Boucher stated that the Public Works Department had reconstructed the Adams Avenue crossover using recycled materials. Mr. Boucher expressed his appreciation to Council for approving the continuation of Mrs. Hoover's insurance. He stated that Mrs. Hoover was a pleasure to work with and was well liked by her fellow co- workers. DISCUSSION: 1. Mr. Berger questioned the status of the Port franchise negotiations. Mr. Boucher explained that he and Mr. Gluskin were revising the franchise agreement and the revised agreement would be provided to Council for discussion at the next Council meeting scheduled for May 17th. He stated that he would like to recommend that the agreement be sent directly to the Port commissioners. There was general discussion regarding the Canaveral Port Authority. 2. Mr. Nicholas questioned the status of the Abbott v. City of Cape Canaveral appeal process. Mr. Boucher advised that Mr. Abbott could appeal to the 11th Circuit Court of Appeals in Atlanta and he believed that Mr. Abbott had obtained an extension in order to obtain the transcripts from the case. Mr. Boucher stated that the taxable /recoverable costs that the City was eligible to recover was $2,000 which had been received. Mr. Berger commented that it appeared that Mr. Abbott was attempting to have the decision overturned through the appeal process. City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 11 3. Mr. Nicholas questioned if the City Manager had made copies of a publication entitled "Highway Beautiful" for the Beautification Board/Commercial Development Board. Mr. Boucher would provide copies to the Boardmembers as requested. 4. Mr. Porter stated that he was hoping to obtain Council's support for sending some of the Commercial Development Boardmembers to a seminar entitled, "Redevelopment for Small Cities in Urban Areas in Transition" which would be held in Orlando on May 20, 1994, with a registration fee of $25.00 per person. Council concurred with Mr. Porter's suggestion to send Planning & Zoning Board and Commercial Development Boardmembers to the seminar. Mr. Porter distributed information to Mr. Boucher regarding the availability of certain grants. 6. Mr. Porter stated that he had received a call from Peter Cunningham regarding the six- laning of SR 520 from Banana River Boulevard to AIA and asking for Council's support. Mr. Berger asked to see actual plans of the improvements. 7. Mr. Porter stated that the first Commercial Development Board meeting was scheduled for May 9, 1994, at 7:00 p.m. He suggested the possibility of combining the meeting with the Beautification Board and City Council as a joint meeting. After discussion, it was decided to use the first meeting as a get acquainted, organizational meeting for the Commercial Development Board. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 P.M. Approved this 17 th day of May 1994. 4 JC. lamone, MAYOR ATTEST: Faith G. Miller, CITY CLERK CITY COUNCIL WORKSHOP AND REGULAR MEETING May 17, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on May 17, 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 Tern 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 May 3. 1994 Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of May 3, 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. Mayor Salamone stated that she had received a request from a citizen to address the Council before the Public Hearings portion of the meeting. Mr. George Firkins, 362 Coral Drive, explained that all of the sewer easements leading to the City's wastewater treatment plant were given to the City at no cost during the early 1960's by Shuford Mills. He briefly described the history of Shuford Mills and the City of Cape Canaveral and presented copies of the history he had prepared to Mayor Salamone. Mr. Firkins would present the Shuford Mills documents regarding sewer easements to Mr. Boucher for copies to be made to keep within the City's records. PUBLIC HEARINGS 1. Ordinance No 14 -94 Amending the City's Code of Ordinances Chapter 352 Drug Free Workplace to change the criteria for reasonable suspicion testing and to add new sections to cover Routine Fitness for Duty Testing Follow -Up Testier and Injury Related Testing for second and final 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 City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 2 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. Nicholas, seconded by Mr. Porter to adopt Ordinance No. 14 -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. 2. Motion Re: Purchase of two (2) acres of land lying north of the City's existing wastewater treatment plant at a cost of $100.000 per acre Motion by Mr. Randels, seconded by Mr. Berger to purchase two (2) acres of property lying north of the City's existing wastewater treatment plant at a cost of $100,000 per acre with $25,000 held in escrow with the seller to be applied toward the purchase and the remaining funds to be taken from the sewer expansion trust funds. Mr. Richard Stadler, Attorney, 509 Palm Avenue in Titusville, representing Mr. Firkins and Cevesco, Inc., stated that the survey prepared for the property revealed that the subject parcel of land was 2.48 acres. Mr. Kancilia stated that the City had previously agreed to purchase two (2) acres included within the legal description which described the full 2.48 acre parcel. Mr. Stadler stated that the purchase of only two (2) acres was not acceptable to Cevesco and that the property being discussed had surveyed out to equal 2.48 acres. Mr. Kancilia stated that the property surveyed to the 2.48 acres at the request of one of the Councilmembers to include the corner portion of the land and the corner portion included approximately .48 acres. He stated that the initial discussions were based on two (2) acres at $100,000 per acre. Mr. Nicholas explained that he had asked whether or not, for the same $200,000, the City could square off the property lines which would raise the northern line to the tip of the apex of the curved portion of the property and apparently that added .48 acres to the property. He stated City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 3 that apparently Cevesco had decided that the .48 acres would not be included in the $200,000 price and would be valued at the $100,000 per acre price. Mr. Kancilia stated that the City had offered a price of $200,000 for 2.48 acre and it was communicated to the City that the price was unacceptable and that Cevesco would accept $100,000 per acres. Subsequent discussions led to the proposed purchase of two (2) acres at a price of $200,000. Mr. Firkins stated that last year Cevesco had entered into a contract with the City for $2.6 million for approximately 40 acres of land. He stated that in all fairness Shuford Mills ( Cevesco) had done a tremendous amount for Cape Canaveral and he felt that not many firms would allow the $25,000 option money to be credited toward the purchase. Mr. Kancilia stated that there was no dispute regarding the price per acre, but the City was only in the market for two (2) acres. Mayor Salamone stated that there may have been a misunderstanding, but it had been the Councilmember's intent with his suggestion to square off the property at the same purchase price of $200,000. Mr. Firkins stated that one of the Councilmembers offered to split the difference on the .48 acres price and he stated that he was willing to sell the 2.48 acres for $224,000. He stated that $25,000 would be credited against the purchase price and Mr. Stadler affirmed that the offer was the purchase of 2.48 acres at a price of $224,000 with the $25,000 being credited against the purchase price of $224,000. Mr. Randels questioned if the City would have to post its intent to purchase 2.48 acres at $224,000 for an additional 30 days prior to acting on the proposed purchase. Mr. Kancilia stated that he would have to take the matter under advisement; he stated that Council could make the motion, but may have to rescind the motion at a subsequent meeting after he had researched the matter further. Motion by Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for the purchase of the additional .48 acres at a cost of $24,000 with the total cost of $224,000 for the 2.48 acres for sewer plant expansion. Mr. Kancilia stated that if the City had to re- advertise the .48 acres purchase, the motion would be invalid. Mayor Salamone stated that she could not support the amendment based on the legal liability, but she would be willing to take a straw vote. Mr. Kancilia concluded that to increase the purchase price would be invalid because Florida Statute provisions required approval of the option contract and the option contract before Council was for $200,000 and that was the purchase price which had been advertised. Mr. Nicholas stated that on the basis of that decision he rescinded his amendment. Mr. Porter withdrew his second to the amendment. Motion by Mr. Porter, seconded by Mr. Berger to table the matter. Motion carried with IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST a v ckk j hereby disclose that on � `"`�i���t t (a) A measure came or will come before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, inured to the special gain of whom I am retained: or by inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which AD� - Date Filed 3 M - ti7 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. �t runM eu- IUAl PAGE 2 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I DISCLOSURE OF LOCAL OFFICER'S INTEREST Q �o r }rs hereby disclose that on fib• � s-f , 19 _..1 — ; (a) A r9eesure came or will come before my agency which (check one) inured to my special private gain; — inured to the special gain of my business associate, _ inured to the special gain of my relative, inured to the special gain of whom I am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: a r" 101 �0 n C*"jQ (Vn'iG n LU r r t-CQ �0 N� — (� - 127 , V-Kq ,- � on le `t Joe. ,(e- :r , % b�vsek b Date Filed ex pens e-s + .e_. by , which ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 811 • 10-91 PAGE 2 City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 4 members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone directed staff to post the 30 day notice for the 2.48 acre purchase. NEW BUSINESS 1. Discussion & Motion Re: Quarterly budget transfers Ms. Deborah Haggerty, City Treasurer, explained the submitted budget transfers for the second quarter of FY 93/94 and stated that City Gas Company franchise fees came in at a higher ratio than previously anticipated. She stated that there was a general fund contingency of $19,411. Mayor Salamone and Mr. Randels commended Ms. Haggerty for her budget reporting techniques. Mr. Randels expressed his appreciation to the Public Works Department staff for the $4,400 of funds collected for lot mowing and clearing which was approximately 100 times what was collected the previous year. He stated that he was concerned that last year only $42.00 was collected in lot mowing fees. He expressed his concern regarding the City paying property tax for the copy machine equipment since it was still shown on the owner's inventory. Mr. Kancilia stated that the provision to pay the property tax was included in the standard lease. There was also discussion regarding the increased lifeguard contract fees. Motion by Mr. Randels, seconded by Mr. Porter to approve the quarterly budget transfers for the quarter ending 3/31/94 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. 2. Discussion & Motion Re: Ordinance No, 18 -94. Amending City's Code of Ordinances Chapter 38, Fire Prevention and Protection by providing for fire inspection fees for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY ADDING SECTION 38 -2 TO PROVIDE FOR FIRE SAFETY FEES; 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. 18 -94 at first reading. Dave Sargeant, Fire Chief, explained that Council had requested the ordinance to provide for City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 5 fire inspection fees. He stated that the fees would be collected at the time the occupational license was issued and the fees for plan reviews would be collected at the time of the issuance of the building permits. The revenue from the fees would be placed in the general fund to offset the cost of the fire inspections. Mr. Sargeant explained the multi- family and commercial fire inspections covered by the ordinance. He stated that the fire inspections had been done in the past, but no fees had been charged to offset the cost of the inspections. Mr. Kancilia stated that the City could charge fees which were commensurate with the cost of regulation and the fees could not be used as a tax or revenue source, but only to defray the cost of the administration of the fire inspections. There was discussion regarding changes which needed to be made to the ordinance including clarification of (d)(1)(b) on page 4 referencing residential (permitted day care, etc.), exclusion of one- and two - single family homes under Sec. 38 -2 (a), and clarification of (d)(1)(f) regarding businesses or professional individuals sharing one (1) office suite. There was also discussion regarding re- inspection fees and sovereign immunity laws within the State of Florida. Mayor Salamone asked Mr. Kancilia to make the necessary changes to the ordinance prior to the second and final reading scheduled for June 7, 1994. Mr. Sargeant expressed the need to advertise the new fire inspection fees prior to the implementation of the fees on October 1, 1994. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Council had received copies of a possible add -on item, Resolution No. 94 -25. Motion by Mayor Salamone, seconded by Mr. Nicholas to add Resolution No. 94- 25 as an add -on item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE REVISED LEGAL DESCRIPTION OF THE FINAL PLAT OF "OCEAN GARDENS - WAVE TWO "; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -25. Mr. Boucher read a letter he had received from Beach Mapping & Surveying regarding the discrepancy found in the legal description of Ocean Gardens - Wave Two. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone adjusted the order of New Business at this time. City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 6 4. Discussion & Motion Re: Award cooperative purchasing bid to Suncoast. Environmental. Inc.. for sewer manhole rehabilitation Mr. Michael Gluskin, Public Works Director, explained that the City had approximately 250 manholes within its sewer system and approximately 16 of the manholes had deteriorated as a result of noxious gases in the system. He asked Council's permission to contract with Suncoast Environmental, Inc., in the amount of $22,570 for rehabilitation of 16 manholes. He expounded upon the rehabilitation process in detail. Mr. Gluskin explained that the proposal was piggy- backed off a cooperative purchasing agreement that was awarded by the City of Naples in 1992, and subsequently extended for another year. He stated that he had contacted the company which had agreed to extend the prices to Cape Canaveral until Council approval was received. Mr. Kancilia questioned if the contract with the City of Naples was still in effect and Mr. Gluskin stated that it had expired. He stated that the City could not legally use the contract as a cooperative purchase since the original contract with Naples had expired. Mr. Gluskin stated that when his department had sought to accomplish the purchase, the Naples contract was still in force and within the time it had taken to bring the proposal to Council the contract had expired. He stated that without the cooperative purchasing prices, the job would possibly double in cost. Mayor Salamone stated that if such an emergency item came up again that a special meeting be called which required three (3) Councilmembers to call the meeting. There was further discussion regarding the deterioration of the City's manhole system, the slip lining process for rehabilitation of sewer lines, and the possibility of purchasing a system to rehabilitate the manholes with in -house staff and equipment. After a ten - minute break, the meeting was reconvened. Mayor Salamone directed the City Manager to work on the manhole rehabilitation situation immediately and to pursue the slip lining process for the sewer lines as well. She also suggested that a complete maintenance program for the sewer system be written and adhered to; Mr. Gluskin stated that his staff had identified all the lines and manholes which needed rehabilitation. No further action was taken on this item. 7. Discussion Re: Staff Planner vs. consultant planning services Mr. Boucher presented some preliminary information regarding associated costs for a staff Planner as compared to utilizing an outside consultant for the Comprehensive Plan revisions. He stated that Dyer, Riddle, Mills & Precourt's (DRMP) proposal to provide such a consultant would cost $54,737. He asked for direction from Council on the matter. Mr. Berger suggested entering into a joint venture with another municipality for consultant planning services. Mayor Salamone spoke against having a full -time planner on staff. City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 7 Mr. Porter stated that he felt that the matter had not been explored fully and he felt it was premature to disapprove the hiring of a staff planner or a consultant planner. He explained that when he suggested the hiring of a City planner, he did not have in mind that the individual would only be working on the Comp. Plan update. He wanted to hire an on -staff planner to also work with the City's redevelopment agency and Commercial Development Board for redevelopment of the AlA corridor; to coordinate grant efforts for projects the City wanted to do anyway; and to capitalize on items the Council had previously discussed such as utilizing the resources available through UCF to bring in volunteer staff to assist the City in its redevelopment program. He stated that the City could employ an individual for a full year at the same cost associated with the consultant services offered by DRMP. He further emphasized that if the City did create a redevelopment agency; during the second year the redevelopment agency could employ the City's planner within the agency. Mr. Nicholas expressed that he felt that the DRMP proposal was way out -of -line. He suggested advertising for planner services on a one -year basis. Mayor Salamone stated that a full -time person was not fiscally feasible for the City. She stated that no creative means /options had been offered to resolve the situation. Mr. Nicholas stated that the item needed to be established and pursued as a priority item. Mayor Salamone asked for a response from staff within a month. Mr. Gluskin advised that he was personally in favor of hiring a planner and that he could envision a number of tasks in addition to the Comprehensive Plan and investigating the possibility of grants whereby a City planner would be beneficial to the City. He also stated that it may be fiscally infeasible at this time to hire such an individual. There was additional discussion regarding the concept of a City planner and alternative means to resolve the situation. Mr. Porter stated that some of the areas included in the City's Comp. Plan may need to be reclassified as "blighted ". There was discussion regarding what Council envisioned the City to be in 20 years. Mayor Salamone asked Councilmembers to spend more time thinking about their vision of the City's future and discuss the matter again within a month. Mrs. Beatrice McNeely advised that she felt that it was important for the City not to take the short view and that long -term visioning was needed and she also felt that someone was needed on staff to be available to advise the City boardmembers on planning matters as well. 3. Discussion & Motion Re: Canaveral Port Authority's Interlocal Sewer Service Agreementproposal Mr. Randels questioned why there were blanks included on page 4 of the agreement and Mr. Boucher explained that the numbers would be included upon the City's receipt of an actual construction price for the wastewater treatment plant improvements. Council disagreed with sending the agreement to the Port with blanks and asked that at least approximations be included in the blanks before presentation to the Port. City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 8 Mayor Salamone stated that the agreement had been discussed in full and agreed to previously. There was extensive discussion regarding the Port's request for 187,000 gpd of reserve capacity and whether or not additional capacity would be given to the Port at a later date should the Port utilize its full reserve capacity amount. It was discussed that 187,000 gpd be a daily limitation amount, not an average for the month or year. Mr. Boucher stated that the Port had been averaging a discharge amount of 60,000 - 70,000 gpd, but that the Port had a high peak in the past of 147,000 gpd. Mayor Salamone asked if a provision could be written in the agreement to allow that if the Port exceeded the 187,000 gpd capacity for a certain number of days, that the Port would then have one year to get off the City's system. Mr. Berger stated that Council wanted the excess capacity fines increased and inclusion of a two -year termination clause after excessive abuse (exceeding the 187,500 gpd limit). There was discussion regarding notifying the Port that the contract would be terminated in the year 2000. Mr. Randels did not believe it was in the City's best interests to terminate the contract. Mr. Berger questioned if it was in the City's best interests to treat the Port's sewage. Mr. Randels stated that the Port was paying 125% of the fees charged to local customers which allowed for an approximate profit of $25,000 per year. Mr. Randels stated that he felt it was a win /win situation to treat the Port's wastewater. He stated that the Port needed the City as utilizing the City's wastewater plant was the most economical for the Port. He further expressed his support of continuing with the Port's agreement. Mr. Berger stated that workability between the entities and public relation concerns may also be reasons to continue treating the Port's sewage. Mr. Gluskin stated that earlier he had felt that the City should be partners with the Port, but the City was not gaining anything by treating the Port's sewage. He stated that the City would operate better without the Port due to the operational risk involved with treating the type of sewage that came from the Port. Mr. Nicholas suggested adopting a resolution fully stating the reasons for the termination of the Port's agreement at the next Council meeting. Council concurred to place such a resolution on the next Council workshop agenda. 5. Discussion & Motion Re: Ordinance No. 16 -94 Amending City's Code of Ordinances, by adopting a Develo mn ent Agreement Policy to address infrastructure needs required by new development within th e Citv. for first readine. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 9 FLORIDA, ADOPTING PROCEDURES AND REQUIREMENTS TO CONSIDER AND ENTER INTO DEVELOPMENT AGREEMENTS WITH PERSONS HAVING AN INTEREST IN REAL PROPERTY LOCATED WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Boucher explained the reasoning behind the proposed development ordinance. After discussion, it was determined that no action be taken on the ordinance. 6. Discussion & Motion Re: Resolution No 94 -24 establishing a new schedule of rates for garbage and trash collection within the Cif Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels expressed his concerns regarding the maintenance and conditions of the dumpsters throughout the City. He asked Mr. Boucher to talk to Western Waste and advise that before Council considered adoption of the ordinance that all the dumpsters be painted, cleaned and deodorized. Mr. Nicholas stated that Western Waste needed to tell the City on what days of each month it would be deodorizing and cleaning the dumpsters. Mr. Porter stated that he had received calls regarding that the employees were not in uniforms. No action was taken on the resolution. 8. Discussion Re: Architectural Review Board Mayor Salamone suggested that Council may want to further review the Boca Raton ordinance regarding an Architectural Review Board. Agenda the item for discussion at the next regularly scheduled workshop. 9. Monthly Activity Reports No comments. 10. City Manager's Report Mr. Boucher stated that he had provided copies of the transportation concurrency update to Council and that there was plenty of capacity on the City's roads. Mr. Boucher stated that Council had been given copies of the FY 94/95 budget adoption schedule. Mayor Salamone questioned why the 5:30 p.m. times were included on the budget City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 10 schedule. She asked to discuss the item again at the next workshop. Mayor Salamone asked the Council for its permission to contact Mr. Lewis, new President of the Ocean Woods Homeowner's Association, to discuss the situation further. Council concurred with Mayor Salamone's request. ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 P.M. Approved this qtr, day of ATTEST: f Faith G. Miller, CITY tLOFK CITY COUNCIL REGULAR MEETING June 7, 1994 A Regular Meeting of the Cape Canaveral City Council was held on June 7, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:02 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Absent Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present Regular City Council Meeting of f May 17, 1994 Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of May 17, 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. Discussion & Motion Re: Ordinance No 18 -94 Amending City's Code of Ordinances. Chapter 38 Fire Prevention and Protection by providing for fire inspection fees. for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY ADDING SECTION 38 -2 TO PROVIDE FOR FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 18 -94 at second and final reading. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 2 Mr. Randels, stated he was in favor of the motion, but he wanted to question Chief Sargeant as to whether he or not one person could actually perform said inspections, or would the inspections require a new position. Mayor Salamone stated that the Fire Chief had been handling fire inspections for the past year. She explained that the City and taxpayers would be reimbursed for the cost of the inspections by charging inspection fees to the actual customers. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS 1, Ordinanc No 19-94, Amending City's Code of Ordinances Creati A rticle V. Hazardous Materials and Substances.. of Chapter 38 to provide for the clean and abatement of th effects of discharges of hazardous substances for first 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. Randels to adopt Ordinance No. 19 -94 at first reading. Mayor Salamone questioned where the hazardous material would be disposed and who would be responsible for the fees incurred. Mr. Boucher explained that a clean-up company would be called in to discard the material and that the company's fees would be paid by whoever caused the spill. Mr. Randels questioned the City's responsibility when a City vehicle caused a spill of hazardous chemicals. Mr. Kancilia answered that the City was liable under Federal Environmental Protection laws to clean up hazardous spills, but if the City was responsible for the hazardous spill, the City would incur the costs of clean-up even if a private contractor was used. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 3 2. Resolution No. 94 -26. Expressing the City's intent to terminate its Sewage Franchise Agreement with the Canaveral Port Authority on April 21 2000 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PERMITTING THE SEWAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND THE CANAVERAL PORT AUTHORITY TO EXPIRE AT THE END OF ITS TERM; DIRECTING THE CITY ATTORNEY TO PROVIDE NOTICE OF THE EXPIRATION OF THE SEWAGE FRANCHISE AGREEMENT TO THE CANAVERAL PORT AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -26. Mr. Randels questioned the benefit of the resolution to the City. Mr. Randels was specifically concerned with Section 3 whereby the City would formally terminate negotiations with the Port. He inquired if this would prevent the City from future permit negotiations with the Canaveral Port Authority. Mr. Kancilia responded that resolutions were matters of temporary character. Mr. Nicholas stated that only a referendum was irrevocable. Mayor Salamone commented that she had spoken to Mr. Kennedy of the Canaveral Port Authority and that the franchise agreement termination was amicable between the City and the Port and that the Port was being given five to six years notice which was adequate time for the Port to continue on with its own plans. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 3. Resolution No. 94 -27 Removing an alternate member from the Planning & Zoning Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING AN ALTERNATE MEMBER OF THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -27. Mr. Randels spoke in favor of the resolution to the effect that Council policy instituted the removal of a Boardmember who had not been present at three or more Board meetings. Mr. Nicholas City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 4 proposed that the Board take action by way of recommendation and notify the Council of board members' attendance. Mayor Salamone requested that the Chairman of the Planning and Zoning Board be notified that such a procedure be done by recommendation of the Board instead of by City staff. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -28 Supporting the Brevard County Board of County Commissioners application process of applying for Federal Anti -Drum Abuse Funds to the State of Florida, Department of Community Affairs Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, SUPPORTING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION PROCESS OF APPLYING FOR FEDERAL ANTI -DRUG ABUSE FUNDS TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, APPROVING THE DISTRIBUTION OF THE ANTI -DRUG ABUSE FUNDS AVAILABLE FOR THE DRUG TASK FORCE INTERDICTION TEAM AND THE DRUG INTERVENTION PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -28. Mr. Randels spoke in favor of the resolution whereby the County would give 25 %, approximately $92,000, and the State would give $278,000. Mayor Salamone expressed that the resolution would benefit everyone involved by keeping City streets safe. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Resolution No. 94 -29 Entering into a Cooperative Agreement with Brevard County, Florida, for the Community Development Block Grant Program Fiscal Years 1995 1996 and 1997. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENTERING INTO A COOPERATIVE AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEARS 1995, 1996 AND 1997; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 5 Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -29. Mr. Randels stated that in the past the CDBG program received $6.7 million dollars and the City's Comprehensive Plan designated a portion of the City for these types of projects. Mayor Salamone commented that she had visited cites where the funds were allocated and found it phenomenal as to what Brevard County had been able to accomplish using this grant money. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Citv Manaeer's Renort. Mr. Boucher spoke with Sheriff Miller on June 7, and Sheriff Miller informed him that Lt. McGee was being considered as a candidate for a civil service position that opened up in one of their precincts. Mayor Salamone explained that when Council originally added the lieutenant position, it was a temporary position. She proposed having the position be certified in an effort to show job security for people in that position. Mayor Salamone commented that the motion would show Council's support of having the position certified with Lt. McGee remaining at Cape Canaveral. Mr. Nicholas explained that the certification was done by the Sheriff's department, not Council. Mayor Salamone expressed that Council did not ask for certification at the time the position was originally filled. She asked Mr. Kancilia if Council needed a resolution to ask for certification. Mr. Kancilia answered that it could be done by motion. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Nicholas that Council add the lieutenant position to be a certified civil service position in Cape Canaveral. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that the City had been placed on the State Revolving Loan fundable list at the end of May and during June the City would be working on the application. Mr. Randels questioned loan rate stability. Mr. Boucher responded that at the time of the request the rate was at 2.7 %, however, the rate may rise. DISCUSSION 1. Ms. Miller introduced Mrs. Susan Stills as the new Secretary in the City Clerk's office City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 6 2. Mayor Salamone reported the results of her Local Government Cooperative meeting which included a discussion regarding the use of the planners on staff with the County. Commissioner Andreas assured Mayor Salamone that the City could utilize County planners for the Comprehensive Plan update and the AIA and North Atlantic plans. 3. Mayor Salamone asked Mr. Boucher if the letter from Mr. Roger Vaughn had been answered regarding reimbursement for unclogging his sewer line. Mr. Boucher explained that the City's ordinance placed the responsibility on the property owner. Mr. Vaughn had a sag in the pipe which collapsed on the lateral. Mr. Kancilia stated that the City's responsibility started at the main, not at the lateral. Mr. Nicholas commented that when the City installed the sewer system it had also installed the laterals. Mayor Salamone suggested that the City consider reimbursement of the cost of the three (3) plumbing bills ($237.00, 157.50, and 730.00) at a total of $1,124.50. She stated that the City did not want to place an unfair burden on a property owner due to deterioration of City sewer pipes and lines. There was discussion regarding City staff reviewing such problems on a case by case basis and the need for City staff to investigate such problems to determine if the sewer problems were the property owner's or the City's responsibility. Mr. Berger suggested that City staff needed to investigate what costs in Mr. Vaughn's claim were legitimately the City's responsibility. Council concurred to schedule discussion and possible reimbursement of Mr. Vaughn's claim at the next Council workshop meeting. 4. Mr. Randels reported that Orange Park, Florida was the new location of the lingerie shop that had requested permission to open in Cape Canaveral. 5. Mr. Randels announced that he had been appointed as a new Boardmember on the Environmental Endangered Lands Procedure Commission. 6. Mr. Randels commended Mayor Salamone's team for receiving 2nd place in the Brevard County Trash Bash. Her team collected a total of 161 bags of trash. 7. Mr. Randels commented on a reinventing government class that he and Mr. Boucher had attended at Brevard Community College where they had learned many new governmental strategies. 8. Mr. Randels passed out circulars describing the artificial reef used in Palm Beach and proposed to be used in Indian River County for controlling beach erosion. The concrete reef stops 225 feet from the shoreline and provides protection from storms and from erosion of the shoreline. 9. Mr. Nicholas noted that the VFW had an opportunity to use the Veteran's Park twice in the past month on Memorial Day and D -Day. He expressed appreciation on behalf of the City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 7 Veterans to City staff for their efforts in maintaining the park. ADJOURNMENT: There being no further business, the meeting adjourned at 7:50 P.M. Approved this 21st day of June 1994. C. SWamone. MAYOR ATTEST: i �/J Faith G. Miller, C CLERK City of Cape Canaveral, Florida FILE COPY The following is a verbatim transcript of a portion of the City Council Regular Meeting held on June 7, 1994: Mr. Boucher: "I spoke with Sheriff Miller this afternoon, he informed me that Lt. McGee is being considered as a candidate for a transfer to a civil service position that had opened up in one of their precincts and I just wondered if you guys had any comment or input. I will be meeting with Sheriff Miller tomorrow..." Mayor Salamone: "When we originally put the Lieutenant position in here, for those of you new to Council, it was a temporary position; it was not certified for the civil service position and it was agreed at that time that we would look at it again to get it certified. I think that this is a real good time for us to show job security to people who are in that position here in the City and ask that it be a certified position here in Cape Canaveral. We have a lieutenant in our contract, but it's not certified." Mr. Nicholas: "Would that make a difference in retaining Lt. McGee ?" Mayor Salamone: "I think it would make a tremendous difference if this Council supported that we want that position certified and then that we say that we really would like Lt. McGee to stay in it. It's job security for Lt. McGee that he would go to another position at this time." Mr. Nicholas: "This certification process is not something that we do, that's something that the Sheriff's Dept. does." Mayor Salamone: "Right, we just have to ask for it. We did not ask for it at the time that we used that position. It's something that we did not pursue and its been our fault that the lieutenant in that position has not had security." Mr. Nicholas: "Well, by asking for it, then we're saying that, I assume, that would be carrying the message that we intend to retain that as a permanent position with the Sheriff's Division." Mayor Salamone: "Do we need a resolution to do this ?" John Kancilia: "No, you could do it by motion." Mayor Salamone: "Move for an add -on item." Mr. Nicholas: "Second." Mayor Salamone: "Call the question." Verbatim Transcript - June 7, 1994 Page 2 City Clerk: Roll call vote - unanimous. Mayor Salamone: "Move that we add the lieutenant position to be a certified civil service position in Cape Canaveral." Mr. Nicholas: "Second." Mayor Salamone: "I have a motion and a second. Discussion." Mr. Randels: "I'm not sure it's all that simple, I think the intent is good, Mayor. But as I understand it there's only so many positions, so many lieutenants, so many captains, so many sergeants, and this particular vacancy is in Merritt Island." Mayor Salamone: "But, no, in our contract we have a lieutenant. It says lieutenant in our contract, what we didn't do was make that permanent to the Canaveral precinct so to speak and by doing this we make that permanent and then we can ask the City Manager in his meeting tomorrow to let them know that the reason we're doing it is that we're asking for security for the lieutenant we currently have." Mr. Randels: "Do we know exactly what Lt. McGee wants ?" Mayor Salamone: "Would I be sitting here making this kind of motion if I hadn't spoken to him? No, I would not - I assure you. It's in our best interests. The Sheriff has the last decision, of course, because it's a contract and we are all aware of that, but we should have some say. I spoke with him today also and said that we're a small community - it takes at least two years for a new administrator here to get to know the people, understand the situation and everything that goes on politically as well as the Sheriff's Department itself. And that I think that in a small town moving people just to move them isn't a good idea and I feel very strongly about that and I think Council would support that." Mr. Nicholas: "As you recall Rocky that was one of the things that we stipulated when we went into the contract with the Sheriff's Department was that we wanted permanent people stationed here, not use it as a training ground, even though we've seen some of that, but we do have a basic core of permanent personnel." Mr. Randels: "I certainly would support it, I just don't want us to be disappointed in thinking that this will get it because there's only so many captains, and so many lieutenants and so many this." Mayor Salamone: "But this is the only step we can do as a Council to ensure that they understand the support we have." Verbatim Transcript - June 7, 1994 Page 3 Mr. Nicholas: "We have no guarantee that McGee is going to remain here." Mr. Berger: "But once we do this we're going to be guaranteed that we're going to be billed for a lieutenant's position." Mayor Salamone: "Right. We'll be guaranteed that position, they'll add it to their big overall picture." Mr. Randels: "I guess the reason it was not certified to begin with, if I understood, was because it was a year to year contract and you can't build in permanent positions when you may not have a contract next year." Mr. Nicholas: "We're not going to do the certification, what we're doing is we are requesting that this position be certified, in essence guaranteed as a permanent position. If Sheriff Miller decides no he's not going to run his department that way, then, that's his decision." Mr. Randels: "I certainly would support asking for it." Mayor Salamone: "And that's we're headed and our support is for Lt. McGee. Okay? Call the question." City Clerk: Unanimous vote - Berger, Yea; Nicholas, Yea; Randels, Yea; Salamone, Yea. Mayor Salamone: "Please let the Sheriff know that is unanimous that we stand behind each other 100 %. CITY 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 Meeting 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 (22) acres of land lying north of the City's existing wastewater treatment plant at a total cost of $224.000 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 Tent 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: Budget Roals_ for FY 94/ 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, AIA 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), Intergovernmental 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 Reports 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 non - partisan 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. Kleving had completed a study of signs that were in violation of the City's Code. He stated that there were approximately 100 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. 10. 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. S lamone, MAYOR loy ATTEST• Faith G. Miller, CITY CLERK ADOPTION OF MINUTES: I. Regular City Council Meeting of Janu@Z 18, 1994 Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of January 18, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 01 -94, Amending City's Code of Ordinances. Chapter 685 Parking Regulations, to allow the designation of fire lanes. for second and final 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 ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685.02, ESTABLISHING 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 by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 01 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. �. 2. Ordinance No. 02 -94, Amending City's Code of Ordinances. Section 645.05, Site Plan Submittal and Review Procedures, for second and final reading Mayor Salamone read the title of the Ordinance. CITY COUNCIL REGULAR MEETING February 1, 1994 A Regular Meeting of the Cape Canaveral City Council was held on February 1, 1994, at the i 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 Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present (Late) 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: I. Regular City Council Meeting of Janu@Z 18, 1994 Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of January 18, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 01 -94, Amending City's Code of Ordinances. Chapter 685 Parking Regulations, to allow the designation of fire lanes. for second and final 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 ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685.02, ESTABLISHING 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 by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 01 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. �. 2. Ordinance No. 02 -94, Amending City's Code of Ordinances. Section 645.05, Site Plan Submittal and Review Procedures, for second and final reading Mayor Salamone read the title of the Ordinance. CITY COUNCIL REGULAR MEETING May 3, 1994 A Regular Meeting of the Cape Canaveral City Council was held on May 3, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:04 P.M. by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present (Late) Councilmember Leo Nicholas Present Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present PROCLAMATION: 1. National Cancer Survivor's Day - June 5. 1994 Mayor Pro Tem Porter read the proclamation and presented it to Ms. Brita Newcomer, National Cancer Society. Ms. Newcomer invited Council, City residents, and visitors to a special celebration for cancer survivors and their caregivers at Cape Canaveral Hospital on Sunday, June 5, 1994, from 1:00 to 3:00 p.m. ADOPTION OF MINUTES: 1. Regular City Council Meeting of April 19, 1994 Motion by Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of April 19, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. PRESENTATIONS 1. 1994 Spring Beautification Awards Multi - Family - Canaveral Bay Condominium Association Residential - Mr. & Mrs. Jerome Hudepol Commercial Johnson Controls World Services City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 2 Ms. Jackie Coates, Beautification Awards Chairman, presented a gift certificate from Maggie's Mini Nursery and a City Certificate of Appreciation to Mr. Dwayne Shaw, Canaveral Bay Groundskeeper, and Mr. lack Fox, Canaveral Bay Condominium Association President, as the winners of the 1994 Spring Multi- Family Beautification Award. Ms. Coates presented a floral arrangement and Certificate of Appreciation to Mr. & Mrs. Jerome Hudepol for the 1994 Spring Residential Beautification Award. Mrs. Hudepol encouraged Council to continue its vigilant effort to save area trees. Ms. Coates presented a floral arrangement and Certificate of Appreciation to Mr. Mike Williams, Corporate Communications Manager, and Ms. Judy Mallet, Project Manager, of Johnson Controls World Services in recognition of winning the 1994 Spring Commercial Beautification Award. 2. Presentation by Mr. Paul R Gougelman III of Reinman Harrell Graham Mitchell & Wattwood re: Brevard County vs Snyder lawsuit and its implication to the quasi- Judicial nature of Board activities Mr. John Kancilia, City Attorney, explained that the meeting for purposes of Item No. 2 would be considered a joint meeting with the Planning & Zoning Board. Mr. Buzz Petsos, Planning & Zoning Board Chairman, called the meeting to order at 7:15 p.m. The City Clerk called the roll with the following members present: Mr. Petsos, Mrs. Barnes, Mrs. McNeely, Mr. Roney, and Mr. Hoog. Mr. Kancilia introduced Mr. Gougelman as a partner in the law firm of Reinman, Harrell, Graham, Mitchell & Wattwood whose avocation was local government with emphasis in land use regulations. He stated that Mr. Gougelman was a member of the East Central Florida Regional Planning Council and that he had written extensively on land use regulations. Mr. Gougelman distributed copies of an outline of his presentation to Council, City staff, and members of the Planning & Zoning Board. He summarized the following issues regarding quasi - judicial procedures: • Legislative vs. quasi-judicial decisions; • Specifics of the Board of County Commissioners of Brevard County v. Jack Snyder, Circuit Court affirmed the action of the County Commission, the Fifth District Court of Appeals reversal of the decision with a 45 -page opinion, and the landmark decision of the Florida Supreme Court which substantially modified what the appellate court had done; • Burdens of proof for rezoning substantially changed, applicant must show that City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 3 he /she has followed the correct procedures as far as applying for rezoning and that whatever they were requesting was consistent with the City's Comprehensive Plan; • Once the applicant has provided such a showing, the local government would have the following options: 1) Approve the rezoning request; 2) Show that the request was not consistent with the comprehensive plan and deny the request; or 3) Approve a less intense or less dense zoning designation. • Rezonings were to now be considered quasi-judicial in nature and every site specific rezoning before a City Council or County Commission could become a mini -trial; • Courts will no longer hear arguments by witnesses or independent experts on behalf of the City or County, courts will only review the record made before the City Council or County Commission, and decisions must be made on the basis of testimony by expert witnesses, such as planners and other independent experts; • All presentations of evidence such as photographs, aerial maps, maps of the area, etc., must be done at the public hearing; • Based on the Jennings v. Dade County case, no contact with the decision -maker prior to the rezoning hearing is permitted, such contacts may include: 1) Meeting with an applicant; 2) Meeting with or speaking to a constituent or other interested party about the proposal; 3) Discussing the case prior to the hearing with the City or County's planner; 4) Reviewing mail from parties regarding the case prior to the hearing; 5) Going to the site and looking at it, unless all commissioners and affected parties go at one time. • Site planning is quasi - judicial; City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 4 • Variances are a form of administrative or quasi-judicial relief; 0 The increased use of expert witnesses and the implications of same such as: the comments of witnesses must be probative or competent as to whether the standards in the ordinance have been satisfied, neighbors are not always incompetent to testify in a land use matter; consent or opposition of neighboring property owners and of the community, personal knowledge of circumstances by board members, letters and phone calls from the public, ex parte communications, and driving by the site subject to an application; • Jennings rule applies to all quasi-judicial matters, not just variances; it applies to conditional use permits, special exceptions, code enforcement proceedings, plat approvals, vested rights hearings, etc.; 0 Planning & Zoning Board viewed as a Board of technical expertise; • Other examples of legal cases pertaining to rezoning and /or other land use issues; Mr. Gougelman addressed questions from City Council and members of the Planning & Zoning Board. He expressed the need for the City to have clear and definitive standards in regards to rezoning and land use matters. Mr. Porter encouraged members of Council and the Planning & Zoning Board to write letters in support of Senate Bill 2585, which would provide for access to public officials and a method to expunge ex parte communication, to Senators Patsy Kurth and Patty Grogan. The bill may be discussed at the upcoming special session of the legislature in June. Mr. Porter questioned if members of the Planning & Zoning Board felt that a City Planner was needed on City staff. Mr. Petsos and Mrs. Barnes expressed their support of a full -time City planner on staff. Mr. Nicholas suggested that the Planning & Zoning Board review the zoning ordinance requirements pertaining to special exceptions and permitted uses. Motion by Mrs. Barnes, seconded by Mr. Roney to adjourn the Planning & Zoning Board meeting at 8:32 p.m. Motion carried with members voting as follows: Mr. Petsos, For; Mrs. Barnes, For; Mrs. McNeely, For; Mr. Roney, For; Mr. Hoog, For. PUBLIC HEARINGS 1. Ordinance No 15 -94 Adopting and Enacting a New Code for the City of Cape Canaveral, for second and final reading Mayor Pro Tem Porter read the caption 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 City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 5 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. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 15 -94 at second and final reading. Motion carried with member voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Motion Re: Request by the Foreign Trade Zone Grogp Inc of Port Canaveral to finance additional sewer impact fees per Section 535.02(B) Motion by Mr. Nicholas, seconded by Mr. Berger to allow the applicant to finance the impact fee per the prescribed rules of the ordinance in the amount of $10,780.70. Mr. Boucher stated that at the time of the original submittal the City had not received any plans for the project and the Building Official had not based the impact fee on fixture count, but on number of employees. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 2. Motion Re: Manatee Ad Hoc Committee recommendations Motion by Mr. Nicholas, seconded by Mr. Berger to accept the Manatee Ad Hoc Committee recommendations as submitted. Mr. Berger questioned if there was a conflict of interest involved in the matter since his wife was a member of the Manatee Ad Hoc Committee. Mr. Kancilia asked if Mr. Berger would derive any benefit from the adoption of the recommendation and Mr. Berger responded in the negative. Mr. Berger stated that his wife had been appointed to the Committee through administrative means, not by the City Council. Mr. Kancilia stated that he did not see a conflict of interest in this matter for Mr. Berger. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 3. Motion Re: Royal Mansions Condominium Association's settlement proposal Mr. Kancilia stated that the counsel for Royal Mansions Condominium Association had offered the City a settlement wherein the Condominium Association would agree to adhere to the City's ordinances. He stated that it did not appear that the settlement proposal contained any means by which the City could enforce the settlement; if the Condominium Association were to breach the settlement agreement, the City would be back in court having to sue to enforce the settlement City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 6 agreement. He stated that it was his recommendation to reject the settlement proposal as written and asked that the City Council authorize a counter proposal to Royal Mansions Condominium Association to the effect that the Royal Mansions Condominium Association agreed to the relief sought in the City's counterclaim which was the entering of an injunction against the Association and all the unit owners. Motion by Mr. Nicholas, seconded by Mr. Berger that the City reject the Royal Mansions proposal for settlement and that the City seek to renegotiate a settlement whereby the Condominium Association and owners would agree to the relief sought in the City's counterclaim which would include an injunction. There was discussion regarding whether or not the City could recoup any of its attorney's fees. Mr. Kancilia stated that if the City proposed that recovery of its attorney's fees be part of the settlement proposal then Royal Mansions may be reluctant to settle. Mr. Kancilia stated that if the owners and the Condominium Association were to violate the City's ordinances and rent units for less than seven (7) days, the City could cite the offending individuals through the Code Enforcement Board and those persons could be fined in accordance with the Code procedures. However, if the City were to obtain an injunction and the owners of the Association violated the terms of the injunction not only could the offending parties be fined by the court, but they would also be held in contempt of court. Mr. Kancilia stated that the injunction would provide a much stronger means of enforcement. Mr. Kancilia stated that the recommended settlement offer was the equivalent of what the City would receive if the case went through the trial. Mr. Porter stated that the overall concept was to keep the beaches from becoming commercial and he did not believe that the financial end of the matter was as important as the overall concept. There was further discussion regarding the settlement offer and various legal methods available to the City. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 4. Motion Re: Authorization for City Manager to seek a rehearing of the Sandra Butler Code Enforcement Board case Motion by Mr. Berger, seconded by Mr. Porter to authorize the City Manager to request that the Code Enforcement Board rehear the Sandra Butler case based on new evidence presented. Mr. Kancilia stated that there had been a miscommunication as to the extent to which Sandra Butler had complied with the citation. It was alleged that Ms. Butler had on two (2) occasions delivered or attempted to deliver plants to the City in order to replace the trees that had been cut down. He stated that apparently the evidence was incorrect and the Council's seeking of a City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 7 rehearing before the Code Enforcement Board would be to present new evidence to the Board as to the non - compliance of the property owner. Motion carried with members voting as follows: Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas Against 5. Resolution No 94 -22 Approving the final plat of Ocean Gardens - Wave Two Mayor Pro Tern Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "OCEAN GARDENS - WAVE TWO "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -22. Mr. Porter spoke briefly regarding problems associated with reviewing plats building plans and he suggested that possibly in the future the City could use some computer modeling to better depict the actual layout of the development. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. Mr. Porter asked that discussion regarding implementation of an Architectural Review Board be scheduled at the next regularly scheduled City Council workshop. 6. Resolution No 94 -23 Establishing a new schedule of sewer impact assessment fees. Mayor Pro Tern Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF SEWER IMPACT ASSESSMENT FEES, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, SERVICE AREA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -23. Mr. Berger questioned how the City determined that the rates should be increased by 2.5 %. Mr. Boucher stated that the rate increase was based on the Consumer Price Index (C.P.I.). Mr. Berger questioned whether or not the increases were actually warranted. Mr. Nicholas suggested that City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 8 City staff look more closely at the automatic cost -of- living increases. Mr. Porter stated that the sewer impact fees were based on infrastructure needs and the actual cost of providing for such infrastructure needs. Mr. Boucher stated that the sewer rates would not be increased until after 1997 and he expressed his support for growth paying its fair share of improvements. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 7. Ordinance No 14 -94 Amending the City's Code of Ordinances Chapter 352 Drug Free Workplace to change the criteria for reasonable suspicion testing, and to add new sections to cover routine Fitness for Duty testier Follow -Up Testing and Injury Related Testing. for first reading. Mayor Pro Tem Porter 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. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 14 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 8. Discussion & Motion Re: Ordinance No 17 -94 Amending City's Personnel Procedures to allow for 000line of sick leave under specific circumstances (EMERGENCY ORDINANCE) Mayor Pro Tem Porter read the title of the Ordinance. City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE CITY PERSONNEL PROCEDURES MANUAL AS ADOPTED BY ORDINANCE NO 15 -89 AND AS AMENDED BY ORDINANCE NO. 16 -90 TO CREATE A SICK LEAVE POOL; PROVIDING FOR A DECLARATION OF EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kancilia advised that the ordinance was presented to the Council as an emergency ordinance. He stated that under Florida Statutes, an emergency ordinance in order to be passed, dispensing with the usual notice and reading requirements, required a 2 /3rd's vote of the entire membership of Council and there were less than 2 /3rd's of the Council present at the meeting. Motion by Mr. Porter, seconded by Mr. Berger to table the ordinance. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. 9. Citv Manaaer Report Mr. Boucher advised that the City had received word from Mrs. Hoover's physician that her cancer was terminal and she would be unable to return to the City's employ. He stated that Mrs. Hoover had the right to extend her insurance coverage under COBRA provisions and he suggested that possibly the City could continue to pay her insurance costs. Motion by Mr. Nicholas, seconded by Mr. Porter to add an item to the agenda for consideration of the City picking up the insurance costs for a City employee. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For. Motion by Mr. Nicholas, seconded by Mr. Porter that the City pick up the costs of providing employee insurance for Sharon Hoover until such time as she no longer needed it. Mr. Berger questioned how long Mrs. Hoover was employed by the City and Ms. Miller responded that she was employed for 14 months in 1992 4993, and she had been reinstated as a City employee on February 7, 1994. Mr. Porter stated that Mrs. Hoover was a wonderful person, cheerful, and hardworking. Mr. Nicholas questioned the circumstances surrounding Mrs. Hoover's reinstatement as a City employee. Mrs. Catherine Barnes questioned if this matter would set a precedence for a similar situation in the future. Mr. Nicholas stated that he was not concerned with paying the insurance which he considered to be a matter of compassion. 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 May 3, 1994 Page 10 Mr. Boucher stated that he had spoken to George Firkins, Cevesco, regarding the City's proposed purchase of 2.48 acres north of the wastewater treatment plant and that their offer of $200,000 for two (2) acres was valid and they would not accept $200,000 for 2.48 acres. Council concurred to purchase the originally discussed two (2) acres at a purchase price of $200,000. Mr. Boucher stated that Michael Gluskin, Public Works Director, had completed the NPDES permit application and the United States Environmental Protection Agency (EPA) had determined that the application was complete. He expressed his appreciation to Mr. Gluskin for a job well done. Mr. Boucher stated that Council had received a copy of the "Florida Finding of No Significant Impact" in regards to the State Revolving Loan Fund application and he stated that groundbreaking on the improvements to the wastewater plant should begin in the latter part of the summer. Mr. Boucher stated that the Public Works Department had reconstructed the Adams Avenue crossover using recycled materials. Mr. Boucher expressed his appreciation to Council for approving the continuation of Mrs. Hoover's insurance. He stated that Mrs. Hoover was a pleasure to work with and was well liked by her fellow co- workers. DISCUSSION: 1. Mr. Berger questioned the status of the Port franchise negotiations. Mr. Boucher explained that he and Mr. Gluskin were revising the franchise agreement and the revised agreement would be provided to Council for discussion at the next Council meeting scheduled for May 17th. He stated that he would like to recommend that the agreement be sent directly to the Port commissioners. There was general discussion regarding the Canaveral Port Authority. 2. Mr. Nicholas questioned the status of the Abbott v. City of Cape Canaveral appeal process. Mr. Boucher advised that Mr. Abbott could appeal to the 11th Circuit Court of Appeals in Atlanta and he believed that Mr. Abbott had obtained an extension in order to obtain the transcripts from the case. Mr. Boucher stated that the taxable /recoverable costs that the City was eligible to recover was $2,000 which had been received. Mr. Berger commented that it appeared that Mr. Abbott was attempting to have the decision overturned through the appeal process. City of Cape Canaveral, Florida Regular City Council Meeting May 3, 1994 Page 11 3. Mr. Nicholas questioned if the City Manager had made copies of a publication entitled "Highway Beautiful" for the Beautification Board /Commercial Development Board. Mr. Boucher would provide copies to the Boardmembers as requested. 4. Mr. Porter stated that he was hoping to obtain Council's support for sending some of the Commercial Development Boardmembers to a seminar entitled, "Redevelopment for Small Cities in Urban Areas in Transition" which would be held in Orlando on May 20, 1994, with a registration fee of $25.00 per person. Council concurred with Mr. Porter's suggestion to send Planning & Zoning Board and Commercial Development Boardmembers to the seminar. 5. Mr. Porter distributed information to Mr. Boucher regarding the availability of certain grants. 6. Mr. Porter stated that he had received a call from Peter Cunningham regarding the six - laning of SR 520 from Banana River Boulevard to AlA and asking for Council's support. Mr. Berger asked to see actual plans of the improvements. 7. Mr. Porter stated that the first Commercial Development Board meeting was scheduled for May 9, 1994, at 7:00 p.m. He suggested the possibility of combining the meeting with the Beautification Board and City Council as a joint meeting. After discussion, it was decided to use the first meeting as a get acquainted, organizational meeting for the Commercial Development Board. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 P.M. Approved this 17th day of may , 1994. L J C. amone, MAYOR ATTEST: � � Faith G. Miller, CITY CLERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING May 17, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on May 17, 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. Regular City Council Meeting of f May 3 1994 Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of May 3, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that she had received a request from a citizen to address the Council before the Public Hearings portion of the meeting. Mr. George Firkins, 362 Coral Drive, explained that all of the sewer easements leading to the City's wastewater treatment plant were given to the City at no cost during the early 1960's by Shuford Mills. He briefly described the history of Shuford Mills and the City of Cape Canaveral and presented copies of the history he had prepared to Mayor Salamone. Mr. Firkins would present the Shuford Mills documents regarding sewer easements to Mr. Boucher for copies to be made to keep within the City's records. PUBLIC HEARINGS 1. Ordinance No 14 -94 Amending the City's Code of Ordinances. Chapter 352. Drug Free Workplace to change the criteria for reasonable suspicion testing, and to add new sections to cover Routine Fitness for Duty Testing Follow- U12Testing, and Injury Related Testing, for second and final 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 City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 2 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. Nicholas, seconded by Mr. Porter to adopt Ordinance No. 14 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Motion Re: Purchase of two (2) acres of land lying north of the City's existing wastewater treatment plant at a cost of $100.000 per acre Motion by Mr. Randels, seconded by Mr. Berger to purchase two (2) acres of property lying north of the City's existing wastewater treatment plant at a cost of $100,000 per acre with $25,000 held in escrow with the seller to be applied toward the purchase and the remaining funds to be taken from the sewer expansion trust funds. Mr. Richard Stadler, Attorney, 509 Palm Avenue in Titusville, representing Mr. Firkins and Cevesco, Inc., stated that the survey prepared for the property revealed that the subject parcel of land was 2.48 acres. Mr. Kancilia stated that the City had previously agreed to purchase two (2) acres included within the legal description which described the full 2.48 acre parcel. Mr. Stadler stated that the purchase of only two (2) acres was not acceptable to Cevesco and that the property being discussed had surveyed out to equal 2.48 acres. Mr. Kancilia stated that the property surveyed to the 2.48 acres at the request of one of the Councilmembers to include the corner portion of the land and the corner portion included approximately .48 acres. He stated that the initial discussions were based on two (2) acres at $100,000 per acre. Mr. Nicholas explained that he had asked whether or not, for the same $200,000, the City could square off the property lines which would raise the northern line to the tip of the apex of the curved portion of the property and apparently that added .48 acres to the property. He stated City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 3 that apparently Cevesco had decided that the .48 acres would not be included in the $200,000 price and would be valued at the $100,000 per acre price. Mr. Kancilia stated that the City had offered a price of $200,000 for 2.48 acre and it was communicated to the City that the price was unacceptable and that Cevesco would accept $100,000 per acres. Subsequent discussions led to the proposed purchase of two (2) acres at a price of $200,000. Mr. Firkins stated that last year Cevesco had entered into a contract with the City for $2.6 million for approximately 40 acres of land. He stated that in all fairness Shuford Mills ( Cevesco) had done a tremendous amount for Cape Canaveral and he felt that not many firms would allow the $25,000 option money to be credited toward the purchase. Mr. Kancilia stated that there was no dispute regarding the price per acre, but the City was only in the market for two (2) acres. Mayor Salamone stated that there may have been a misunderstanding, but it had been the Councilmember's intent with his suggestion to square off the property at the same purchase price of $200,000. Mr. Firkins stated that one of the Councilmembers offered to split the difference on the .48 acres price and he stated that he was willing to sell the 2.48 acres for $224,000. He stated that $25,000 would be credited against the purchase price and Mr. Stadler affirmed that the offer was the purchase of 2.48 acres at a price of $224,000 with the $25,000 being credited against the purchase price of $224,000. Mr. Randels questioned if the City would have to post its intent to purchase 2.48 acres at $224,000 for an additional 30 days prior to acting on the proposed purchase. Mr. Kancilia stated that he would have to take the matter under advisement; he stated that Council could make the motion, but may have to rescind the motion at a subsequent meeting after he had researched the matter further. Motion by Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for the purchase of the additional .48 acres at a cost of $24,000 with the total cost of $224,000 for the 2.48 acres for sewer plant expansion. Mr. Kancilia stated that if the City had to re- advertise the .48 acres purchase, the motion would be invalid. Mayor Salamone stated that she could not support the amendment based on the legal liability, but she would be willing to take a straw vote. Mr. Kancilia concluded that to increase the purchase price would be invalid because Florida Statute provisions required approval of the option contract and the option contract before Council was for $200,000 and that was the purchase price which had been advertised. Mr. Nicholas stated that on the basis of that decision he rescinded his amendment. Mr. Porter withdrew his second to the amendment. Motion by Mr. Porter, seconded by Mr. Berger to table the matter. Motion carried with City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 4 members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone directed staff to post the 30 day notice for the 2.48 acre purchase. NEW BUSINESS 1. Discussion & Motion Re: Ouarterly budg transfers. Ms. Deborah Haggerty, City Treasurer, explained the submitted budget transfers for the second quarter of FY 93/94 and stated that City Gas Company franchise fees came in at a higher ratio than previously anticipated. She stated that there was a general fund contingency of $19,411. Mayor Salamone and Mr. Randels commended Ms. Haggerty for her budget reporting techniques. Mr. Randels expressed his appreciation to the Public Works Department staff for the $4,400 of funds collected for lot mowing and clearing which was approximately 100 times what was collected the previous year. He stated that he was concerned that last year only $42.00 was collected in lot mowing fees. He expressed his concern regarding the City paying property tax for the copy machine equipment since it was still shown on the owner's inventory. Mr. Kancilia stated that the provision to pay the property tax was included in the standard lease. There was also discussion regarding the increased lifeguard contract fees. Motion by Mr. Randels, seconded by Mr. Porter to approve the quarterly budget transfers for the quarter ending 3/31/94 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Discussion & Motion Re: Ordinance No 18 -94 Amending City's Code of Ordinances Chanter 38, Fire Prevention and Protection by providing for fire inspection fees for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY ADDING SECTION 38 -2 TO PROVIDE FOR FIRE SAFETY FEES; 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. 18 -94 at first reading. Dave Sargeant, Fire Chief, explained that Council had requested the ordinance to provide for City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 5 fire inspection fees. He stated that the fees would be collected at the time the occupational license was issued and the fees for plan reviews would be collected at the time of the issuance of the building permits. The revenue from the fees would be placed in the general fund to offset the cost of the fire inspections. Mr. Sargeant explained the multi - family and commercial fire inspections covered by the ordinance. He stated that the fire inspections had been done in the past, but no fees had been charged to offset the cost of the inspections. Mr. Kancilia stated that the City could charge fees which were commensurate with the cost of regulation and the fees could not be used as a tax or revenue source, but only to defray the cost of the administration of the fire inspections. There was discussion regarding changes which needed to be made to the ordinance including clarification of (d)(1)(b) on page 4 referencing residential (permitted day care, etc.), exclusion of one- and two - single family homes under Sec. 38 -2 (a), and clarification of (d)(1)(f) regarding businesses or professional individuals sharing one (1) office suite. There was also discussion regarding re- inspection fees and sovereign immunity laws within the State of Florida. Mayor Salamone asked Mr. Kancilia to make the necessary changes to the ordinance prior to the second and final reading scheduled for June 7, 1994. Mr. Sargeant expressed the need to advertise the new fire inspection fees prior to the implementation of the fees on October 1, 1994. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Council had received copies of a possible add -on item, Resolution No. 94 -25. Motion by Mayor Salamone, seconded by Mr. Nicholas to add Resolution No. 94- 25 as an add -on item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE REVISED LEGAL DESCRIPTION OF THE FINAL PLAT OF "OCEAN GARDENS - WAVE TWO "; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -25. Mr. Boucher read a letter he had received from Beach Mapping & Surveying regarding the discrepancy found in the legal description of Ocean Gardens - Wave Two. 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 adjusted the order of New Business at this time. City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 6 4. Discussion & Motion Re: Award cooperative purchasing bid to Suncoast. Environmental, Inc., for sewer manhole rehabilitation Mr. Michael Gluskin, Public Works Director, explained that the City had approximately 250 manholes within its sewer system and approximately 16 of the manholes had deteriorated as a result of noxious gases in the system. He asked Council's permission to contract with Suncoast Environmental, Inc., in the amount of $22,570 for rehabilitation of 16 manholes. He expounded upon the rehabilitation process in detail. Mr. Gluskin explained that the proposal was piggy- backed off a cooperative purchasing agreement that was awarded by the City of Naples in 1992, and subsequently extended for another year. He stated that he had contacted the company which had agreed to extend the prices to Cape Canaveral until Council approval was received. Mr. Kancilia questioned if the contract with the City of Naples was still in effect and Mr. Gluskin stated that it had expired. He stated that the City could not legally use the contract as a cooperative purchase since the original contract with Naples had expired. Mr. Gluskin stated that when his department had sought to accomplish the purchase, the Naples contract was still in force and within the time it had taken to bring the proposal to Council the contract had expired. He stated that without the cooperative purchasing prices, the job would possibly double in cost. Mayor Salamone stated that if such an emergency item came up again that a special meeting be called which required three (3) Councilmembers to call the meeting. There was further discussion regarding the deterioration of the City's manhole system, the slip lining process for rehabilitation of sewer lines, and the possibility of purchasing a system to rehabilitate the manholes with in -house staff and equipment. After a ten - minute break, the meeting was reconvened Mayor Salamone directed the City Manager to work on the manhole rehabilitation situation immediately and to pursue the slip lining process for the sewer lines as well. She also suggested that a complete maintenance program for the sewer system be written and adhered to; Mr. Gluskin stated that his staff had identified all the lines and manholes which needed rehabilitation. No further action was taken on this item. 7. Discussion Re: Staff Planner vs consultant planning services Mr. Boucher presented some preliminary information regarding associated costs for a staff Planner as compared to utilizing an outside consultant for the Comprehensive Plan revisions. He stated that Dyer, Riddle, Mills & Precourt's (DRMP) proposal to provide such a consultant would cost $54,737. He asked for direction from Council on the matter. Mr. Berger suggested entering into a joint venture with another municipality for consultant planning services. Mayor Salamone spoke against having a full -time planner on staff. City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 7 Mr. Porter stated that he felt that the matter had not been explored fully and he felt it was premature to disapprove the hiring of a staff planner or a consultant planner. He explained that when he suggested the hiring of a City planner, he did not have in mind that the individual would only be working on the Comp. Plan update. He wanted to hire an on -staff planner to also work with the City's redevelopment agency and Commercial Development Board for redevelopment of the AIA corridor; to coordinate grant efforts for projects the City wanted to do anyway; and to capitalize on items the Council had previously discussed such as utilizing the resources available through UCF to bring in volunteer staff to assist the City in its redevelopment program. He stated that the City could employ an individual for a full year at the same cost associated with the consultant services offered by DRMP. He further emphasized that if the City did create a redevelopment agency; during the second year the redevelopment agency could employ the City's planner within the agency. Mr. Nicholas expressed that he felt that the DRMP proposal was way out -of -line. He suggested advertising for planner services on a one -year basis. Mayor Salamone stated that a full -time person was not fiscally feasible for the City. She stated that no creative means /options had been offered to resolve the situation. Mr. Nicholas stated that the item needed to be established and pursued as a priority item. Mayor Salamone asked for a response from staff within a month. Mr. Gluskin advised that he was personally in favor of hiring a planner and that he could envision a number of tasks in addition to the Comprehensive Plan and investigating the possibility of grants whereby a City planner would be beneficial to the City. He also stated that it may be fiscally infeasible at this time to hire such an individual. There was additional discussion regarding the concept of a City planner and alternative means to resolve the situation. Mr. Porter stated that some of the areas included in the City's Comp. Plan may need to be reclassified as "blighted ". There was discussion regarding what Council envisioned the City to be in 20 years. Mayor Salamone asked Councilmembers to spend more time thinking about their vision of the City's future and discuss the matter again within a month. Mrs. Beatrice McNeely advised that she felt that it was important for the City not to take the short view and that long -term visioning was needed and she also felt that someone was needed on staff to be available to advise the City boardmembers on planning matters as well. 3. Discussion & Motion Re: Canaveral Port Authority's Interlocal Sewer Service Agreement proposal Mr. Randels questioned why there were blanks included on page 4 of the agreement and Mr. Boucher explained that the numbers would be included upon the City's receipt of an actual construction price for the wastewater treatment plant improvements. Council disagreed with sending the agreement to the Port with blanks and asked that at least approximations be included in the blanks before presentation to the Port. City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 8 Mayor Salamone stated that the agreement had been discussed in full and agreed to previously. There was extensive discussion regarding the Port's request for 187,000 gpd of reserve capacity and whether or not additional capacity would be given to the Port at a later date should the Port utilize its full reserve capacity amount. It was discussed that 187,000 gpd be a daily limitation amount, not an average for the month or year. Mr. Boucher stated that the Port had been averaging a discharge amount of 60,000 - 70,000 gpd, but that the Port had a high peak in the past of 147,000 gpd. Mayor Salamone asked if a provision could be written in the agreement to allow that if the Port exceeded the 187,000 gpd capacity for a certain number of days, that the Port would then have one year to get off the City's system. Mr. Berger stated that Council wanted the excess capacity fines increased and inclusion of a two -year termination clause after excessive abuse (exceeding the 187,500 gpd limit). There was discussion regarding notifying the Port that the contract would be terminated in the year 2000. Mr. Randels did not believe it was in the City's best interests to terminate the contract. Mr. Berger questioned if it was in the City's best interests to treat the Port's sewage. Mr. Randels stated that the Port was paying 125% of the fees charged to local customers which allowed for an approximate profit of $25,000 per year. Mr. Randels stated that he felt it was a win /win situation to treat the Port's wastewater. He stated that the Port needed the City as utilizing the City's wastewater plant was the most economical for the Port. He further expressed his support of continuing with the Port's agreement. Mr. Berger stated that workability between the entities and public relation concerns may also be reasons to continue treating the Port's sewage. Mr. Gluskin stated that earlier he had felt that the City should be partners with the Port, but the City was not gaining anything by treating the Port's sewage. He stated that the City would operate better without the Port due to the operational risk involved with treating the type of sewage that came from the Port. Mr. Nicholas suggested adopting a resolution fully stating the reasons for the termination of the Port's agreement at the next Council meeting. Council concurred to place such a resolution on the next Council workshop agenda. 5. Discussion & Motion Re: Ordinance No 16 -94 Amending City's Code of Ordinances by adopting a Develo mn ent Agreement Policy to address infrastructure needs required by new development within the City, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 9 FLORIDA, ADOPTING PROCEDURES AND REQUIREMENTS TO CONSIDER AND ENTER INTO DEVELOPMENT AGREEMENTS WITH PERSONS HAVING AN INTEREST IN REAL PROPERTY LOCATED WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Boucher explained the reasoning behind the proposed development ordinance. After discussion, it was determined that no action be taken on the ordinance. 6. Discussion & Motion Re: Resolution No 94 -24 establishing a new schedule of rates for garbage and trash collection within the City Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels expressed his concerns regarding the maintenance and conditions of the dumpsters throughout the City. He asked Mr. Boucher to talk to Western Waste and advise that before Council considered adoption of the ordinance that all the dumpsters be painted, cleaned and deodorized. Mr. Nicholas stated that Western Waste needed to tell the City on what days of each month it would be deodorizing and cleaning the dumpsters. Mr. Porter stated that he had received calls regarding that the employees were not in uniforms. No action was taken on the resolution. 8. Discussion Re: Architectural Review Board Mayor Salamone suggested that Council may want to further review the Boca Raton ordinance regarding an Architectural Review Board. Agenda the item for discussion at the next regularly scheduled workshop. 9. Monthly Activity Re orts No comments. 10. City Manager's Report Mr. Boucher stated that he had provided copies of the transportation concurrency update to Council and that there was plenty of capacity on the City's roads. Mr. Boucher stated that Council had been given copies of the FY 94/95 budget adoption schedule. Mayor Salamone questioned why the 5:30 p.m. times were included on the budget City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 10 schedule. She asked to discuss the item again at the next workshop. Mayor Salamone asked the Council for its permission to contact Mr. Lewis, new President of the Ocean Woods Homeowner's Association, to discuss the situation further. Council concurred with Mayor Salamone's request. ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 P.M. Approved this 7th day of ATTEST: Faith G. Miller, CITY tlfkk CITY COUNCIL REGULAR MEETING June 7, 1994 A Regular Meeting of the Cape Hall Annex, 111 Polk Avenue, 7:02 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 Absent Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present Regular City Council Meeting of May 17 1994 Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of May 17, 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. Discussion & Motion Re: Ordinance No. 18 -94, Amending City's Code of Ordinances. Chapter 38 Fire Prevention and Protection by providing for fire inspection fees for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY ADDING SECTION 38 -2 TO PROVIDE FOR FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Canaveral City Council was held on June 7, 1994, at the City Cape Canaveral, Florida. The meeting was called to order at Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 18 -94 at second and final reading. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 2 Mr. Randels, stated he was in favor of the motion, but he wanted to question Chief Sargeant as to whether he or not one person could actually perform said inspections, or would the inspections require a new position. Mayor Salamone stated that the Fire Chief had been handling fire inspections for the past year. She explained that the City and taxpayers would be reimbursed for the cost of the inspections by charging inspection fees to the actual customers. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS 1. Ordinanc No 19-94. Amending City's Code of Ordinances Creating Article V. Hazardous Materials and Substances of Chapter 38 to provide for the cle and abatement of the effects of discharges of hazardous substances for first rea ding. 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 DEFINI'T'IONS; 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. Randels to adopt Ordinance No. 19 -94 at first reading. Mayor Salamone questioned where the hazardous material would be disposed and who would be responsible for the fees incurred. Mr. Boucher explained that a clean-up company would be called in to discard the material and that the company's fees would be paid by whoever caused the spill. Mr. Randels questioned the City's responsibility when a City vehicle caused a spill of hazardous chemicals. Mr. Kancilia answered that the City was liable under Federal Environmental Protection laws to clean up hazardous spills, but if the City was responsible for the hazardous spill, the City would incur the costs of clean-up even if a private contractor was used. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 3 2. Resolution No. 94 -26. Expressing the City's intent to terminate its Sewage Franchise Agreement with the Canaveral Port Author on April 21 2000 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PERMITTING THE SEWAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND THE CANAVERAL PORT AUTHORITY TO EXPIRE AT THE END OF ITS TERM; DIRECTING THE CITY ATTORNEY TO PROVIDE NOTICE OF THE EXPIRATION OF THE SEWAGE FRANCHISE AGREEMENT TO THE CANAVERAL PORT AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -26. Mr. Randels questioned the benefit of the resolution to the City. Mr. Randels was specifically concerned with Section 3 whereby the City would formally terminate negotiations with the Port. He inquired if this would prevent the City from future permit negotiations with the Canaveral Port Authority. Mr. Kancilia responded that resolutions were matters of temporary character. Mr. Nicholas stated that only a referendum was irrevocable. Mayor Salamone commented that she had spoken to Mr. Kennedy of the Canaveral Port Authority and that the franchise agreement termination was amicable between the City and the Port and that the Port was being given five to six years notice which was adequate time for the Port to continue on with its own plans. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 3. Resolution No. 94 -27, Removing an alternate member from the Planning & Zoning Board Mayor Salamone read the title of the Resolution A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING AN ALTERNATE MEMBER OF THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -27. Mr. Randels spoke in favor of the resolution to the effect that Council policy instituted the removal of a Boardmember who had not been present at three or more Board meetings. Mr. Nicholas City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 4 proposed that the Board take action by way of recommendation and notify the Council of board members' attendance. Mayor Salamone requested that the Chairman of the Planning and Zoning Board be notified that such a procedure be done by recommendation of the Board instead of by City staff. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -28. SupWrting the Brevard County Board of County Commissioners anolication process of applying for Federal Anti-Drug Abuse Funds to the State of Florida Deoartment of Community Affairs Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, SUPPORTING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION PROCESS OF APPLYING FOR FEDERAL ANTI -DRUG ABUSE FUNDS TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, APPROVING THE DISTRIBUTION OF THE ANTI -DRUG ABUSE FUNDS AVAILABLE FOR THE DRUG TASK FORCE INTERDICTION TEAM AND THE DRUG INTERVENTION PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -28. Mr. Randels spoke in favor of the resolution whereby the County would give 25 %, approximately $92,000, and the State would give $278,000. Mayor Salamone expressed that the resolution would benefit everyone involved by keeping City streets safe. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Resolution No. 94 -29. Entering into a Cooperative Agreement with Brevard County, Florida. for the Community Development Block Grant Program Fiscal Years 1995 1996 and 1997. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENTERING INTO A COOPERATIVE AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEARS 1995, 1996 AND 1997; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 5 Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -29. Mr. Randels stated that in the past the CDBG program received $6.7 million dollars and the City's Comprehensive Plan designated a portion of the City for these types of projects. Mayor Salamone commented that she had visited cites where the funds were allocated and found it phenomenal as to what Brevard County had been able to accomplish using this grant money. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. City Mana Reoort Mr. Boucher spoke with Sheriff Miller on June 7, and Sheriff Miller informed him that Lt. McGee was being considered as a candidate for a civil service position that opened up in one of their precincts. Mayor Salamone explained that when Council originally added the lieutenant position, it was a temporary position. She proposed having the position be certified in an effort to show job security for people in that position. Mayor Salamone commented that the motion would show Council's support of having the position certified with Lt. McGee remaining at Cape Canaveral. Mr. Nicholas explained that the certification was done by the Sheriff's department, not Council. Mayor Salamone expressed that Council did not ask for certification at the time the position was originally filled. She asked Mr. Kancilia if Council needed a resolution to ask for certification. Mr. Kancilia answered that it could be done by motion. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Nicholas that Council add the lieutenant position to be a certified civil service position in Cape Canaveral. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that the City had been placed on the State Revolving Loan fundable list at the end of May and during June the City would be working on the application. Mr. Randels questioned loan rate stability. Mr. Boucher responded that at the time of the request the rate was at 2.7 %, however, the rate may rise. 1. Ms. Miller introduced Mrs. Susan Stills as the new Secretary in the City Clerk's office. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 6 2. Mayor Salamone reported the results of her Local Government Cooperative meeting which included a discussion regarding the use of the planners on staff with the County. Commissioner Andreas assured Mayor Salamone that the City could utilize County planners for the Comprehensive Plan update and the AlA and North Atlantic plans. 3. Mayor Salamone asked Mr. Boucher if the letter from Mr. Roger Vaughn had been answered regarding reimbursement for unclogging his sewer line. Mr. Boucher explained that the City's ordinance placed the responsibility on the property owner. Mr. Vaughn had a sag in the pipe which collapsed on the lateral. Mr. Kancilia stated that the City's responsibility started at the main, not at the lateral. Mr. Nicholas commented that when the City installed the sewer system it had also installed the laterals. Mayor Salamone suggested that the City consider reimbursement of the cost of the three (3) plumbing bills ($237.00, 157.50, and 730.00) at a total of $1,124.50. She stated that the City did not want to place an unfair burden on a property owner due to deterioration of City sewer pipes and lines. There was discussion regarding City staff reviewing such problems on a case by case basis and the need for City staff to investigate such problems to determine if the sewer problems were the property owner's or the City's responsibility. Mr. Berger suggested that City staff needed to investigate what costs in Mr. Vaughn's claim were legitimately the City's responsibility. Council concurred to schedule discussion and possible reimbursement of Mr. Vaughn's claim at the next Council workshop meeting. 4. Mr. Randels reported that Orange Park, Florida was the new location of the lingerie shop that had requested permission to open in Cape Canaveral. 5. Mr. Randels announced that he had been appointed as a new Boardmember on the Environmental Endangered Lands Procedure Commission. 6. Mr. Randels commended Mayor Salamone's team for receiving 2nd place in the Brevard County Trash Bash. Her team collected a total of 161 bags of trash. 7. Mr. Randels commented on a reinventing government class that he and Mr. Boucher had attended at Brevard Community College where they had learned many new governmental strategies. S. Mr. Randels passed out circulars describing the artificial reef used in Palm Beach and proposed to be used in Indian River County for controlling beach erosion. The concrete reef stops 225 feet from the shoreline and provides protection from storms and from erosion of the shoreline. 9. Mr. Nicholas noted that the VFW had an opportunity to use the Veteran's Park twice in the past month on Memorial Day and D -Day. He expressed appreciation on behalf of the City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 7 Veterans to City staff for their efforts in maintaining the park. EVOTE91WRIN, lut � There being no further business, the meeting adjourned at 7:50 P.M. Approved this 21st day of June 1994. C. SWamone, MAYOR ATTEST: Faith G. Miller, CrfY CLERK 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 AIA 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: Budget goals for FY 94/95 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 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). Intergovernmental 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 Reports 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 non - partisan 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. Kleving had completed a study of signs that were in violation of the City's Code. He stated that there were approximately 100 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. 10. 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. 1 Joy/, . S MAYOR ATTEST- Faith G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING July 5, 1994 A Regular Meeting of the Cape Canaveral City Council was held on July 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 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 City Council Meeting of June 21 1994 Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of June 21, 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. PROCLAMATION AND PRESENTATIONS 1. Rockwell: The Moon and Beyond Day - July 20, 1994, Mayor Salamone read the proclamation and as the representative from Rockwell was unable to be present at the meeting, the proclamation would be forwarded to Rockwell the next day. 2. 1994 Summer Beautification Awards Residential Mr. Gary Meier Multi- Family Cape Shores Commercial Zachary's Family Restaurant Mrs. Jacqueline Coates, Awards Chairman for the Beautification Board, presented the 1994 Summer Beautification Awards to the following individuals: Mr. Gary Meier - Residential award; Cape Shores - Mary Hickey, Condominium President, Netty DeJohn, Ilene & Roland City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 2 Fuller, Al Krug - Multi- Family award; and Deana & Zachary Ligerakis, Zachary's Family Restaurant - Commercial award. PUBLIC HEARINGS 1. Ordinance No. 25 -94, Amending City's Code of Ordinances Chapter 70 Taxation by repealing and reenacting Article III. Occupational License Tax, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 70, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY REPEALING IN ITS ENTIRETY, ARTICLE III, OCCUPATIONAL LICENSE TAX ADOPTING A NEW ARTICLE; ESTABLISHING A NEW FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 25 -94 at first reading. Mr. Kancilia reviewed the changes made to the ordinance since the workshop meeting held the previous week. Mr. Randels explained that the occupational license fee revision was mandated by the State and it was done entirely by the business community and that the Equity Study Commission's purpose /goal was to make the license fees fair and equitable for all. He spoke in reference to the new "dwellings for rent" category and questioned how City staff would monitor or determine which condominiums were rented more than three (3) times or more on a short-term basis. Ms. Deborah Haggerty, City Treasurer, explained the various methods that would be used to identify these type of rental units. Mayor Salamone stated that the identifying factor which stated "other dwellings rented or advertised for rent" would make it easier to determine such rental units. Mr. Michael Barnett, Sea Ventures of Cape Canaveral, stated that his business was a non - profit, marine research corporation and he addressed several questions to Council regarding which fees would be applicable to his business. Mr. Kancilia advised that if Mr. Barnett's business qualified as a non - profit, 501(C)(3) corporation and if each unrelated trade or business conducted by Mr. Barnett's organization was used in the furtherance of charitable activity, then he would be exempt from payment of occupational license fees. Mr. Arthur "Bud" Burns, Cape Storage, spoke against the proposed fees for mini storage complexes at $25.00 plus $2.00 per unit. He stated that he felt that he would be paying the highest fees within the City based on his 194 units. He commented that his business only City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 3 employed one (1) individual, yet his fees were based on number of rental units. He further expressed that the per unit cost was unfair and expounded on his reasons for same. Discussion followed regarding the per unit charge and the equity issue. Mayor Salamone asked that members of the Equity Study Commission attend the second reading and public hearing of the ordinance to explain the reasoning behind the per unit charge included under the Dwellings for Rent category. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 21 -94, Amending City's Code of Ordinances. Creating Section 38 -3 Fire Inspectors designated as City Code Enforcement Inspectors to enforce Fire Safety _Codes for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING SECTION 38 -3, FIRE INSPECTORS DESIGNATED AS CITY CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 21 -94 at first reading. Mr. Kancilia stated that the City firefighters who were appointed by the City Fire Chief as fire inspectors would also be empowered as code enforcement inspectors only for the purpose of enforcing fire safety codes. 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. Ordinance No. 22 -94, Amending City's Code of Ordinances, to enact provisions to minimize fire hazards within the City, for first reading_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 4 PROVIDING AN INSPECTION FEE FOR THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 22 -94 at first reading. Mr. Porter stated that he was concerned about enforcement problems associated with the proposed ordinance. There was further discussion regarding inspection fees applicable to residential units /usages. Motion by Mr. Nicholas, seconded by Mr. Porter to table Ordinance No. 22 -94. 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. Discussion & Motion Re: Ordinance No. 23 -94. Amending City's Code of Ordinances Chanter 2. Administration, by establishing a Code Enforcement Board pursuant to Chanter 162 Florida Statutes, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and the oversight by Municipal Code in including the previous ordinance related to the same subject in the recodification process. 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. Discussion & Motion Re: Ordinance No. 24 -94 Amending City's Code of Ordinances Article III. Service Rates Deposits and Billing Procedures of Chapter 78 Utilities for first City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 5 reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES, DEPOSITS AND BILLING PROCEDURES OF CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Discussion & Motion Re: Ordinance No. 26 -94. Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 1.0 mil for police protection for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels stated he felt that the proposed ordinance was premature since Council had not seen the proposed budget for FY 94/95. Mayor Salamone stated that Council had said that it wanted to take a look at a possible millage increase as it went through the budget process, but Council had not received the budget for the next fiscal year. Mr. Kancilia explained the time constraints involved with scheduling a referendum election, either at the general election scheduled for November or a special election. Mayor Salamone stated that she had not expected to see such an ordinance until August when Council had received the proposed budget for FY 94/95. There was further discussion regarding whether or not the proposed ordinance should be discussed City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 6 prior to Council's receipt of the budget. Motion by Mayor Salamone, seconded by Mr. Nicholas to table the item. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 7. Discussion & Motion Re: Ordinance No. 27 -94. Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services. for first readine Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Nicholas to table the Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 8. Discussion & Motion Re: Ordinance No. 28 -94, Amending City's Code of Ordinances, to provide for the preservation of trees with a diameter at breast height (dbh) of over three (31 inches, for first readine. Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 7 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 -567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREA SECTION 34 -122, PUBLIC NUISANCE PROHIBITED SECTION 102 -36, DEFINITIONS SECTION 102 -39, PENALTIES AND SECTION 102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 28 -94 at first reading. Mayor Salamone questioned if this ordinance changed all of the preservation of trees references to a diameter at breast height (dbh) of over three (3) inches. She asked that the word "and" be included in front of each reference to "Section" in the caption of the ordinance. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Discussion & Motion Re: Resolution No 94-30. Authorizing the City's Wlication for a State Revolving Fund Loan Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING APPLICATION FOR A STATE REVOLVING FUND LOAN, PROVIDING ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREEMENT, AND ESTABLISHING AUTHORITY TO UNDERTAKE THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -30. Mr. Boucher stated that Council may wish to change Section 3 to authorize the City Manager rather than the Mayor to provide the assurances and commitments required by the loan application. After discussion, Council concurred to leave the resolution as written. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. Discussion & Motion Re: Resolution No 94 -31 Expressing opposition to casino type gambline in the State of Florida Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page S A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; EXPRESSING OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -31. Mayor Salamone stated that there appeared to be an even scale of people who wanted and did not want casino gambling. Mr. Berger stated that the gambling should be confined to designated areas. Mr. Nicholas commented that gambling had been legal at one time in Florida and that it had a very negative impact on the State. Mr. Porter stated he was not in favor of allowing casino gambling in Florida. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter For Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For 11. Resolution No. 94 -32 Appointing a regular member to the Commercial Development Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -32 appointing Alice M. Nielsen as a regular member of the Commercial Development Board. Mr. Porter spoke in favor of appointing Ms. Nielsen to the Board. 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. Discussion Re: Pronnsed Personnel Rule & Regulations Mr. Randels proposed adding the item as an ordinance to the next Council agenda. He stated that he had previously spoken against giving annuallsick leave to part-time employees and he added that he also had concerns regarding some of the sick leave provisions. Council concurred City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 9 to agenda the item as an ordinance at the next regular Council meeting 13. Discussion Re: Government Econo Coalition findines. Mr. Porter stated that the Coalition had come up with a mission statement and priorities. He advised that the reason for the Coalition was to allow the fifteen (15) municipalities in Brevard County to work together to determine a cohesive plan to attain and increase value -added jobs. He recommended that copies of the Coalition's priorities be given to the Commercial Development Board for their input. Mr. Porter agreed to attend the next Commercial Development Board meeting to explain the Economic Coalition's findings. There was general discussion regarding impact fees imposed on new construction. 14. Discussion Re: Possibility of recommending Council salary increase Mr. Kancilia advised that Council's annual compensation could be changed by an ordinance, not by referendum. Mr. Berger explained his reasons for supporting a salary increase rather than increased allowances for expenses (travel, per diem, etc.). There was discussion regarding travel expenses vs. salary increases. Mayor Salamone felt that Council salaries should be doubled. She recommended that the City Attorney write an ordinance to increase Council salaries for the next Council meeting. 15. City Manager's Report. Mr. Boucher stated that Council had received a request from County Commissioner Sue Schmitt regarding a letter of support to keep the 301st Squadron at Patrick Air Force Base. Council concurred to have such a letter sent to the appropriate parties. Mr. Boucher distributed copies of a complaint report from Western Waste to each member of Council. Mr. Boucher distributed copies of the ad written by Joyce Hicks of the Commercial Development Board that would be included in the next Port Journal. Mr. Boucher dispersed information relative to which municipalities had received money from the County for fireworks. Mr. Boucher stated that the County had installed a pedestrian signal at the intersection of Central Boulevard and North Atlantic Avenue and the County would also be reviewing other ways to improve the bikepath on the west side of North Atlantic. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 10 Mr. Boucher advised that the Senior Community Service Employment Program (SCSEP) was sending an individual, Bill Ednis, to assist the City in grant writing and commercial development areas. Mr. Boucher stated that there was a summary judgement hearing scheduled for September 6, 1994, in the Royal Mansions case. DISCUSSION: 1. Mr. Kancilia advised that the Council could designate itself as the Local Planning Agency (LPA) in order to review the Comprehensive Plan or it could designate Council and the Planning and Zoning Board as the LPA. He explained the organizational and logistical problems involved in designating Council and Planning & Zoning Boardmembers as the LPA. He advised that a compromise solution would be to appoint one (1) or two (2) members of Council to the LPA along with the Planning & Zoning Board which would somewhat minimize the impracticalities of appointing the entire Council to the LPA. Mayor Salamone asked two (2) members of Council to volunteer to serve on the LPA. Mr. Nicholas and Mr. Randels agreed to serve on the LPA and Mr. Kancilia would prepare an ordinance for the next Council meeting to appoint said members to the LPA. Mayor Salamone also recommended that Lamar Russell be notified as to the days and times of the LPA meetings. 2. Mr. Nicholas stated that he was concerned about the library expansion and asked that the Council be brought into the loop of approval as far the expansion was concerned. Mayor Salamone asked that Mr. Boucher contact the County to ask that Council be included in the loop of the library expansion process. Mr. Nicholas commented that the County had applied for a CDBG grant to supplement the cost of the library expansion. 3. Mr. Porter asked that if Council received any information relative to available grants that the information be forwarded to the part-time grant writer. 4. Mr. Randels stated that Keep Brevard Beautiful had a $1,600 grant available. 5. Mr. Randels referenced the article in The Tribune regarding the use of Timbrex (recycled materials) for dune crossovers. 6. Mr. Randels questioned if the City would be having a 24 -hour per day, 7 -day a week wastewater treatment plant and Mr. Boucher responded that the matter was not final because a permit had not been received as of yet. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 11 7. Mr. Randels advised that he would be attending a SCAT meeting the next day regarding transportation issues. 8. Mr. Randels commented that he felt the City newsletter was unbiased, very factual and well done. 9. Mr. Randels mentioned that Council was receiving monthly reports from Dyer, Riddle, Mills & Precourt and he appreciated same. 10. Mr. Randels stated that the next Space Coast League of Cities meeting was scheduled for Monday, July 11th. 11. Mr. Randels questioned the status of Tower Boulevard improvements. Mr. Boucher stated that the bid documents were prepared and would be sent out by the end of the week. Mr. Randels stated that he would like to encourage the developer to pave the section of road leading up to his development after the road was stabilized. Mr. Boucher stated that the roadway from the sewer plant to Cape Sierra would be stabilized (east -west portion). Mayor Salamone stated that she had agreed to stabilizing 300', not the entire roadway length. She asked for copies of the minutes which reflected what Council's intent had been for the stabilization of Tower Boulevard. 12. Mr. Randels commented that Mr. Abe, Central Supply, had a concern regarding an off premise sign. He asked that staff determine the original intent of the five -year compliance clause included in the sign ordinance. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 P.M. Approved this 19th day of July 1994. i John K. Porter, Mayor Pro Tem ATTEST: with G. Miller, CITY LERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING July 19, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on July 19, 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 Absent 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 City Clerk Faith Miller Present Motion by Mr. Nicholas, seconded by Mr. Randels for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Nicholas, seconded by Mr. Porter that the add -on item be entitled discussion re: movement of cement trucks through Harbor Heights for construction. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher advised that Benko Construction, contractor for the Ocean Oaks project, had requested a temporary limited access through Harbor Heights for delivery of cement trucks to finish pourings for the entranceways to the project. He had received a letter from Benko Construction outlining the conditions of the request which included a guarantee of safety, cleaning up after the cement trucks, and making any repairs to the roadway if needed after completion of the cement pourings. He introduced Mr. Gary Downing as the Ocean Oaks' Project Superintendent. Mr. Downing stated that the project was nearing completion and the crews were completing the site work (pouring concrete driveways, curbs, etc.). He explained that the main access to the site would be cut off in order to place the necessary concrete and that such construction had always been included within the project's scope. He stated that every attempt would be made to reroute the traffic and that there may be three (3) concrete pours on a large scale on 2 -3 days. He reiterated that Benko Construction was willing to do anything necessary to ensure the safety of the residents as well as maintaining the conditions of the road. Mr. Randels expressed his concerns regarding the possibility of damage to the roadways, safety related problems, extra traffic, and general annoyance to the neighborhood. He stated that at a minimum he wanted to have the subject streets videotaped prior to and after any construction traffic through Harbor Heights to determine the current roadway conditions and the extent of any damage afterwards. He questioned if the trucks could be routed in from Central Avenue; Mr. Downing explained that there was a point at which there would be no alternative but to bring the trucks in from the north to pour concrete for the main drives. Mr. Downing stated that his company intended to replace any shrubbery or roadway damaged during the transport of the concrete. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 2 Mr. Nicholas advised that he found it hard to believe that the project could not have been planned differently to eliminate the need for the northern access. He further expounded on his reasons for not supporting the use of Harbor Heights streets for the requested construction traffic. Mr. Boucher described the layout of the subject property and the proposed construction traffic route. Mr. Morgan stated that in his research he had been unable to locate anything in the City's Code or the technical codes that would limit or prevent temporary construction access for a construction site. He stated that there was an ordinance on the books that reiterated the requirement that the developer fix any damage incurred to City roads caused by the construction traffic. He commented that Ocean Woods was a private right -of -way, whereas Harbor Heights roadways were public right -of -ways. He advised that a courtesy letter advising the residents of the construction traffic had been sent to all residents of the area. There was further discussion regarding other possibilities for achieving the construction access required without traversing through Harbor Heights. The following residents of the Harbor Heights area expressed their concerns against allowing the construction traffic through their subdivision: Mr. Goldberg, Sue Hagan, and Fred Distashio. Mr. Hans Saurenmann suggested using an alternative route near the post office off of Eberwein Road. Mr. Ray McGee stated that the roadways within Harbor Heights were built prior to the existence of the City and that potentially the roads could not handle a project of this magnitude with potential truck loads of 75,000 lbs. Mrs. Martha Seymour commented that the trucks that had been traversing Central Boulevard for the sand transfer project and the subject construction project were traveling in excess of the posted speed limits. Mr. Randels suggested scheduling a meeting with several of the concerned citizens, the construction manager and City staff to review the situation further. He also encouraged the Building Official to research additional solutions. Mr. Lamar Russell questioned if there was any intent on behalf of the City to extend Ridgewood Boulevard. He commented on the Villages of Seaport and Ocean Woods' projects and the private ownership of the roads within both developments. He stated that there were several problems related to Harbor Drive including no sidewalks and safety concerns from traffic from the Circle K and the Mexican cafe across from the entrance to Harbor Heights. Mr. Russell recommended that the Council request that the Planning & Zoning Board include in the traffic element of the City's Comprehensive Plan to extend Ridgewood only when it could be extended the full length all the way to Jetty Park, and not allow extensions on a piece meal basis. Mr. Leonard Focarelli stated that the Ridgewood Avenue extension was in the capital funding portion of the adopted 1988 Comprehensive Plan. He questioned whether or not there was any possibility of pumping or craning the concrete into the Ocean Oaks site. Mr. Downing explained the limits placed on such means of transporting the concrete. Mr. Nicholas expressed his opinion that possibly the project was designed inaccurately to have created such problems with construction access. Mr. Porter expressed his wish that the City had identified this potential problem at an earlier date and he advocated the need to look for other solutions to the immediate problem. Mr. Downing suggested that the City meet with Mr. Jack Bennett, Project Manager, who had designed the project. Mr. Randels volunteered to meet with City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 3 the citizens, City staff and Mr. Bennett to ascertain an alternative means of access to the construction site. Mr. Boucher expressed his concerns regarding the possibility of removing oak trees to gain access to the property which would in turn potentially alienate the Ocean Woods' homeowners. There was discussion regarding whether or not the City had jurisdiction over the subject roadways. Mr. Nicholas stated that he wanted the City to pursue doing whatever was necessary to stop the truck traffic through Harbor Heights. Discussion followed concerning the possible need for an emergency ordinance to eliminate truck traffic on residential streets within the City. Mr. Porter stated that the City needed to research an alternative way into the property without going through Harbor Heights and without destroying trees. He suggested that staff, Mr. Randels and concerned citizens meet with Mr. Bennett to seek an agreeable solution within the next week. Council concurred to schedule the matter for further discussion at the next Council workshop meeting. After a ten - minute break, the meeting was reconvened. NEW BUSINESS: 4. Di scussion Re: The unfinished buildings in the 200 Block of East Central Boulevard. Mr. Randels explained that he had requested that this item be placed on the agenda for discussion. He stated that he did live on the same street as the buildings in question. He advised that Dr. Pindziak had assured him that work was continuing on the buildings in question and the buildings would be completed as Dr. Pindziak could get to them. Mr. Randels stated that he had received numerous complaints regarding the subject unfinished buildings. He referenced ordinances from two (2) other cities which addressed unfinished buildings. Dr. Charles Pindziak stated that he was the only owner with ongoing construction at 200 Central Boulevard and he felt that the matter was a personal issue on the part of Mr. Randels. He explained that he had invested in the subject properties and had continued work at all times on the properties. Dr. Pindziak commented that Mr. Randels' main concern appeared to be the painting of 285 & 295 Central Boulevard. He advised that the buildings were stuccoed in gray with water sealer; if the buildings were painted gray, they would resemble the stucco appearance. Dr. Pindziak did not feel that he had broken any City ordinances. Mrs. Martha Seymour commented that the buildings had been uncompleted for at least seven (7) years. Mr. Porter stated that different complaints regarding the buildings had been expressed to him several times as well. Dr. Pindziak remarked against excessive government intervention. Mr. Saurenmann questioned why Council did not write a new ordinance to address unfinished buildings and to allow builders a set time to complete the buildings. Ms. Vicki Fischer, Central Blvd., questioned why the City continued to grant permits for multiple buildings /projects that were not finished. Ms. Carol Wells, Central Blvd., stated that she had observed one slab for a driveway poured, six months later another slab was poured, and so on. She commented that City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 4 the construction was progressing at a very slow pace. Dr. Pindziak stated that he wanted to supervise all of the work himself and he was limited by other demands on his time. Mrs. Seymour explained that she was concerned with beautification needs throughout the City and that it bothered her that one project was not finished prior to starting another project. She encouraged the City to do something about unfinished buildings. Mr. Dick Benson, Central Blvd., spoke against the unfinished buildings and the potential for devaluation of surrounding properties and he also encouraged Council to enact legislation to allow one (1) year for completion of construction. Mr. Porter questioned if there was a tax advantage to unimproved property vs. improved /constructed property. Mr. Kancilia explained some of the tax issues involved. Mr. Porter expressed his personal feeling that the properties were unsightly. Mr. Berger stated that it was not only a question of finishing projects, but a question of aesthetics /cosmetics and that maybe the City was not taking the right approach to the matter. He stated that if the properties in question had sidewalks installed, trees planted, walls painted, etc., the surrounding residents would not be concerned with whether or not the construction was finished on the inside. Mr. Nicholas suggested scheduling the item for further discussion at the next workshop meeting. There was further discussion regarding unfinished buildings and aesthetics /cosmetics issues of the subject property. Ms. Vicki Fisher stated that when her home was under construction there were some delays and several times City staffinembers questioned her regarding when the home would be completed. Mrs. Martha Seymour commented on another location next to the Straw Hat Club which only contained a concrete slab and fence. Mr. Porter stated that there were two (2) ways to look at the problem, from a cosmetic standpoint through Code Enforcement or the Beautification Board or a possible ordinance to place time limits on the completion of new construction. Council concurred to schedule the matter for further discussion at the next workshop meeting. ADOPTION OF MINUTES: Regular Ci(,y Council Meeting of f July 5. 1994 Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of July 5, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS Hoyman Dobson & Company - Audit services for FY 94195. Mr. Tom Kirk, Audit Director for Hoyman, Dobson & Company, stated that Council had City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 5 received copies of the audit engagement letter for the audit services for the September 30, 1994, financial statements. Mr. Randels commented regarding the audit process. He stated that Hoyman, Dobson fees were based on actual time spent and the proposed audit fees were not to exceed $21,000 for the audit and $3,000 for the CAFR. He briefly described items included within the financial audits. He referenced the annual audit fees paid by other cities within the County - West Melbourne - $32,900 and Satellite Beach - $14,400. Council concurred to schedule an item on the next Council workshop meeting to determine if Hoyman, Dobson were to remain as the City's auditors. Mr. Nicholas stated that he wanted the City to go out for bids for all outside services. PUBLIC HEARINGS 1. Ordinance No 21-94. Amending City's Code of Ordinances Creating Section 38 -3. F Inspectors designated as Cily Code Enforcement Inspectors to enforce Fire Safety Codes, for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING SECTION 38 -3, FIRE INSPECTORS DESIGNATED AS CITY CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 21 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 23 -94 Amending_Citv's Code of Ordinances Chapter 2 Administration. by establishing a Code Enforcement Board pursuant to Chapter 162 Florida Statutes. for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 6 CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 24 -94 Amending City's Code of Ordinances. Article III. Service Rates. Deposits and Billing Procedures of Chapter 78 Utilities for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES DEPOSITS AND BILLING PROCEDURES OF CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No 28 -94 Amending_ City's Code of Ordinances. to provide for the preservation of trees with a diameter at breast height (dbh) of over three (3) inches, for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 -567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREAS, AND SECTION 34 -122, PUBLIC NUISANCE PROHIBITED AND SECTION 102 -36, DEFINITIONS AND SECTION 102 -39, PENALTIES AND SECTION 102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 28 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 7 Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINE 1. Discussion & Motion Re: Resolution No 94 -24 Establishing a new schedule of rates for garbage and trash collection within the City. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -24. Mr. Randels spoke in favor of the Resolution. He stated that the proposed increase only applied to commercial accounts. Mr. Porter stated that items of concern had been addressed within the past month, but that he hoped to see the same dedication and quality services from Western Waste throughout the year rather than only at contract time. Mr. Nicholas stated that he was still concerned regarding the deodorization of the dumpsters. Mr. George Gilchrist, Western Waste, stated that the company had recently purchased a new commercial truck which would be used to deodorize each container upon pickup. Mr. Porter directed staff to monitor contract compliance throughout the year. Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for an effective date of August 1, 1994, in Section 3 of the resolution. Motion carried with members voting as follows: 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 Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Discussion Re: Legal services contract. Mr. Boucher stated that John Kancilia had left the firm of Reinman, Harrell, Graham, Mitchell & Wattwood and the firm had indicated that as part of their continuing contract with the City they wished to leave matters status quo with Mr. Kancilia fulfilling the services of City Attorney for the remainder of the contract. Mr. Randels commented on the intent of Mr. Gougelman's letter on behalf of the firm. Mr. Kancilia stated that he hoped to continue as the City Attorney. He stated that he had spoken with Mr. Reinman and Mr. Gougelman and that it was the intention of Reinman, Harrell to continue the contractual commitment through the expiration of the present contract which expires on September 30, 1994. Reinman, Harrell and Mr. Kancilia had agreed, with concurrence of the City, that Mr. Kancilia would continue as City Attorney City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 8 through September 30, 1994. Mr. Kancilia stated that Mr. Nicholas had mentioned possibly re- bidding all of the City's professional services and he fully intended to be a candidate for the City Attorney position. Council concurred to allow Mr. Kancilia to continue as City Attorney on a subcontract basis through Reinman, Harrell and to place the matter on the next workshop agenda to discuss advertising for legal services. 3. Discussion Re: The Wssibility of vacating a section of Tower Boulevard vs. the need costs benefits of the City paving and maintaining said section. Mr. Randels stated that staff had explored the option of vacating a section of Tower Boulevard and although it was feasible to vacate the road, it was not acceptable to all concerned landowners. He explained that he had been proposing vacating the eastern section beginning at the west end of Cape Sierra to the wastewater treatment plant. Mr. Jim Morgan, Building Official, stated that possibly the City could stabilize the roadway up to Mr. Tezel's property and then temporarily barricade the roadway from the eastern end up to the western end of the project. He stated that the Fire Department had concerns regarding access to a fire hydrant. Mr. Morgan explained that the closing of the right -of -way would be temporary only. Mr. Boucher stated that Mr. Tezel had approached him with a suggestion to utilize the provision in the impact fee ordinance for in -kind services ($520 x 25 units = $13,000). He stated that Mr. Tezel was willing to trade off the $13,000 of in -kind services to construct the first 300' of roadway up to the Discovery Bay property. Mr Boucher stated that the Council could authorize the trade -off of the impact fees for in -kind services if appropriate and the in -kind service would be the paving of the first 300' of the roadway up to the Discovery Bay entrance way. He stated that the bids had been advertised for the stabilization of Tower Boulevard and the bid opening was scheduled for August 16, 1994. Mr. Porter questioned if there were any documents which stated that the City had agreed to pave Tower Boulevard. Mr. Kancilia stated that there was a document from when Cevesco, Inc. had dedicated the Tower Boulevard right -of -way to the City; the dedication was made on the condition that the City would pave Tower Boulevard (no time frame was indicated on the deed). The deed was signed by George Firkins and the City accepted and recorded the deed. Mr. Porter stated that based on those circumstances the City should allow Mr. Tezel to use the impact fees to pave the roadway. Mr. Randels expressed his opinion that it was a moral, legal and ethical issue on the part of the City to pave Tower Boulevard and he further explained the history of Tower Boulevard and his reasons for recommending the paving of Tower Boulevard. Mr. Kancilia stated that the City's undertaking to pave the roadway was done in conjunction with acceptance of the deed from Cevesco and the City had a general obligation perhaps to pave the road. He stated that Mr. Tezel's firm may not have the same legal rights in terms of being able to enforce the agreement that was originally between the City and Cevesco. Mr. Porter City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 9 commented that it was not a legal question at this time. Mr. Nicholas also commented on the history of Tower Boulevard improvements and that the City in the past had agreed to pave the roadway for the benefit of the City, not the property owner. Council concurred to schedule a resolution for consideration at the next workshop meeting to allow the trade -off of impact fees for in -kind services on the Discovery Bay project. There was additional discussion regarding the St. John's permit which gave permission only to stabilize the roadway and the need for additional retention areas if the roadway was paved. Mr. Tezel stated that he would be paying a total of $67,000 in impact fees for his project and he felt that it was in the best interests of the City to pave the roadway. 5. Discussion & Motion Re: Interlocal Agreement with Brevard County for Recycling and Education Grant, Addendum No. 1. Motion by Mr. Randels, seconded by Mr. Berger to authorize the City Manager and Mayor Pro Tem Porter to review and approve the agreement with Brevard County for the Recycling Education Grant, Addendum No. 1. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Discussion & Motion Re: Resolution No 94 -33 Adopting a tentative proposed millage rate for the levy of ad valorem taxes for 1994 on all taxable property located within the City of C_pe Canaveral. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -33. Mr. Randels stated that he was concerned with the decrease in the Beautification millage and that the citizens had voted for a millage of up to .5000 mill and that gradually the City had reduced the millage until there were limited funds to complete Beautification projects. Motion by Mr. Randels, seconded by Mr. Berger to amend the motion to change the millage rate in Section 1 for the Beautification Dependent Special District to .4843 mill. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels. Mr. Nicholas stated that due to the proposed expansion of the library there may be additional expenses involved in the City's share of maintenance costs for the library. He stated that the City may need additional funds to augment the library expansion project with the purchase of City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 10 books, materials or additional maintenance costs. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the motion to change the millage rate in Section 2 for the Library Dependent Special District to .04246 mill. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. There was discussion regarding Section 3 of the resolution pertaining to the Storm Drainage millage. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Discussion & Motion Re: Resolution No 94 -21 Approving the transfer of Elizabethtown Gas Company into its parent company NUI Corporation. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ACKNOWLEDGING AND APPROVING THE TRANSFER OF THE FRANCHISE FOR ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER TO NUI CORPORATION PURSUANT TO NATURAL GAS FRANCHISE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -21. Mr. Randels stated that his concerns regarding the subject transfer of City Gas had been addressed and that the City had received maps showing the location of gas lines throughout the City. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Council concurred to continue past 10:00 p.m. S. Discussion & Motion Re: Ordinance No. 29 -94. Repealing the Personnel Policy of the City in its entirety and replacing it with new Personnel Rules & Regulations, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; 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. 29 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 11 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Discussion & Motion Re: Ordinance No 30 -94 Amending City Charter Article III Section 3. Compensation of Officers. and Code of Ordinances Chanter 2 Administration Division 2. Compensation, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICER OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and changes that were proposed to the City Charter. Mr. Porter expressed his concerns regarding the proposed increase in Council's annual compensation. Motion carried with members voting as follows: Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 10. Discussion & Motion Re: Ordinance No 31 -94 Amending City's Code of Ordinances Section 58 -56. Designation and Establishment to provide for the appointment of two (22) deleeates at laree to the Local Planning Agency, for first reading. Mayor Pro Tem Porter read the title of the Ordinance AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 12 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11, Discussion Re: Forming an Ad Hoc Committee to review criteria for an Architectural Review Board. Council concurred with the recommendation of the Beautification Board for the formation of an Ad Hoc Committee to review criteria for an Architectural Review Board. Mr. Kancilia advised that the Ad Hoc Committee would need to function as a "fact- finding body only" and that any actual recommendations would need to be filtered back through an official City Board such as the Beautification Board or Planning & Zoning Board. 12. Monthlv _ Activity Reports - No comments. 13. Citv Man aeer's R Mr. Boucher stated that the Dyer, Riddle, Mills & Precourt had prepared the bid specifications for the improvements to Lift Station No. 1. The specifications would be reviewed by staff and the project would be bid within the first or second week of August. DISCUSSION: 1. Mr. Kancilia stated that he needed direction from Council regarding the scheduled closing for the purchase of two (2) acres located near the wastewater treatment plant. He stated that the title insurance commitment showed eight (8) easements (5 were in favor of the City, 3 were not). He stated that the three (3) easements potentially created a defect in the title to the property. He advised that the City could choose to acquire the property subject to the easements and deal with the easements at a later date or the City could choose to reject the contract. He recommended that the City seek an extension to the closing date to clear up the easement problems. Council concurred with the City Attorney's recommendation. ADJOURNMENT: There being no further business, the meeting adjourned at 10:20 A.M. Approved this 2nd day of C. SWamone. MAYOR ATTEST: with G. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING July 28, 1994 A Special Meeting of the Cape Canaveral City Council was held on July 28, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:30 P.M. by Mayor Pro Tern John Porter. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy City Clerk PUBLIC HEARING Joy Salamone Absent John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Susan Stills Present 1. Ordinance 25 -94 Amending City's Code of Ordinances Chapter 70 Taxation by repealing and reenacting Article III Occupational License Tax. for second and final reading. Mayor Pro Tern John Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 70, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY REPEALING IN ITS ENTIRETY, ARTICLE III, OCCUPATIONAL LICENSE TAX ADOPTING A NEW ARTICLE; ESTABLISHING A NEW FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 25 -94 at second and final reading. Mr. Randels commented on the guidelines used by the Equity Study Commission and subsequent results in order to provide a fair and equitable ordinance. According to the Florida Statutes, the rates could have been increased up to 10 percent, however, the rate structure was only increased by 9 percent. Mr. Randels reiterated on the performance of the Equity Study Commission by noting how the group simplified the existing license structure, reduced the number of categories from 21 to five, established minimum fees, updated license fees, and restored equity to the occupational license tax structure by utilizing comparable ordinances from 16 other municipalities. Mayor Pro Tern Porter acknowledged those in the business community with objections to the ordinance and also recognized the presence of Mr. Fred Fishback and several members of the Equity Study Commission who were present to address any questions or concerns. City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 2 Mr. Arthur E. "Bud" Burns addressed Council with his objections regarding the fees charged for mini - storage units. Mr. Burns distributed copies of his concerns to Council and staff. His objection was based on the words "fair and equitable" in the second paragraph of the cover page of the occupational license. Mr. Burns expressed that his mini - storage facility should not have been categorized as a dwelling, but as a service. Mr. Fishback responded to Mr. Burns' objections and addressed the classification of his mini - storage facility in comparison with a rented dwelling. In concept, a mini - storage facility was more similar to a rented dwelling that any other category. The concept that the Equity Commission tried to maintain throughout the process was that a larger business with a greater number of units or employees should have an occupational fee greater than a business with fewer units or employees. Mayor Pro Tern Porter questioned Mr. Fishback regarding a former objection of fees based on per unit or square footage charges. Mr. Fishback answered that a per unit fee was better related to impact because of the number of units for rent and the amount of traffic involved. Mr. Berger pointed out that sectioning the overall unit more adequately benefitted the customer with suitably sized storage for their particular needs. Mr. Berger suggested that a minimal rate be paid for the size of the overall storage facility in light of the expense involved in the process of sectioning the overall unit. Mr. Jim Means commented that Mr. Bums' percentage increase was a rather small increase compared to that experienced by many of the other businesses. Mr. Nicholas asked Council to poll the audience in response to the occupational license in order to ascertain how many concerns needed to be addressed. Mr. Hans K. Saurenmann questioned if the discussion referred to taxes or license. He defined a license as a flat fee, however, taxes were fees based on square feet. Mr. Saurenmann explained that his business was already taxed and that an occupational license should be a flat fee and that there should not be so many categories. Mayor Pro Tem Porter noted the time and since there were several remaining concerns before Council for discussion, he asked Mr. Kancilia if deferment of the workshop meeting at 7:00 p.m. was in order. Mr. Kancilia agreed that the workshop should be deferred until the conclusion of the special meeting. Mr. Burns rebutted Mr. Fishback's answers to his concerns and stated that the occupational license was cluttered with real estate terms which would cause his license to be renewed at a higher level. He also reiterated that his occupational license fee was not in the category of his business. He restated that warehouses were not dwelling units. Mr. Kancilia stated that occupational licenses were taxes. The State recognized that an occupational licensing ordinance was a taxing ordinance, not a regulatory ordinance. There were a number of bases upon which an occupational license tax would be imposed. The basis a city could not utilize was sales or revenue since these were in the form of an income tax. The Equity Study Commission had substantially reduced the inequities of the former occupational City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 3 license structure. Mr. Nicholas commented that the terminology of dwelling needed to be changed to fit the classification of a mini- storage facility. He suggested that the proposed fee of $2.00 per unit be lowered based on the actual usage of a mini - storage facility in comparison to other usages in the same category. Mr. Kancilia explained that the proposed changes to the occupational license ordinance could not be made without going through the advertising requirements again. Mr. Nicholas questioned if Tuesday, August 2nd, would be adequate time to implement changes. Ms. Deborah Haggerty, City Treasurer, stated that her staff would need appropriate time to prepare the licenses since the statute mandated that the occupational licenses go on sale Monday, August 1st. She also asked Mr. Kancilia if the occupational license ordinance could pass as stated with the exception of, perhaps, dwellings for rent which could be addressed at another time. Mr. Kancilia explained that if certain classifications were omitted the opportunity may be missed to enact a new rate. Further discussion followed on proposed changes to the classification or cost per unit. Motion by Mr. Nicholas, seconded by Mayor Pro Tem Porter to amend the ordinance on Page 10 in the category "dwellings for rent" in such manner that Council change the category from "dwellings" to "property for rent" and that Council change the mini - storage complex from 125.00 plus $2.00 per unit" to 125.00 plus $1.00 per unit" and that Council change the last line 'operators of other dwellings not specifically stated" to "operators of other property not specifically stated ". Mr. Berger questioned why rates were being included in the amendment. Mr. Nicholas answered that if rates were not changed at this point they could not be changed for another year. Mayor Pro Tem Porter based his decision on the recommendation of the Equity Study Commission to lower the rate. Mr. Randels felt that the ordinance should go forward and delete the mini - storage classification and no license be purchased until Council could address the matter. Discussion followed on the consequences of deleting the mini - storage classification from the ordinance until Council could address the matter. Motion on the amendment failed with members voting as follows: Councilmember Berger Against Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels Against Mr. Berger suggested that the mini - storage classification be deleted from the main ordinance until Council could reach an equitable solution for the category. Mayor Pro Tem Porter proposed that this suggestion be placed in the form of an amendment. Motion by Mr. Randels, seconded by Mayor Pro Tem Porter for an amendment that a particular mini - warehouse category remain the same as last year. Mr. Kancilia noted one procedural point in that the amount of the fee for last year should be read into the record as part of the City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 4 amendment. He also added that if the fee remained the same as last year in order to further study its equity, the opportunity to increase the fee could not be done for another year. Mr. Randels clarified his motion by stating that on the mini - storage warehouses Council would adopt the old rate of $62.50 per building for the upcoming year. Mr. Fishback commented that instead of reconvening the Equity Study Commission for one category that Council set an amount. Mr. Randels withdrew his amendment and Mayor Pro Tem Porter withdrew his second to the amendment. Mr. Berger questioned Mr. Fishback on his recommendation to lower the fee for mini - storage warehouses. Members of the Equity Study Commission informally recommended $1.50 per unit as the fee. Mr. Berger then asked Mr. Burns what was his recommendation to solve the fee problem. Mr. Burns stated that even at the fee of $1.50 per unit, his warehouse fee in the future would be over $300. Mr. Berger stated that there should be a flat rate for mini - storage businesses. Further discussion followed regarding mini - storage businesses. Mr. Nicholas questioned Mr. Kancilia as to the City's ability to raise the occupational licenses in the future under the State Statute guidelines. Mr. Kancilia answered that after the enactment of a comprehensive ordinance the fee could not be increased by more than 5 % every other year. Mr. Porter defined the options available to resolve the problem: 1) Council could keep the fee at its current level, 2) Council could reduce the fee, or 3) Council could remove the portion relating to mini - storage warehouses as suggested by Mr. Randels. Mr. Porter polled Council on each members position based upon these options. Mr. Kancilia noted also that there were certain housekeeping amendments that still needed to be addressed. Motion by Mr. Nicholas, seconded by Mayor Pro Tem Porter to amend Page 10 "dwellings for rent" to "property for rent," change "dwellings" at the bottom of the page to "property," and on mini - storage businesses change the 125.00 plus $2.00 per unit" to 125.00 plus $1.50 per unit." Motion on the amendment failed with members of Council voting as follows: Councilmember Berger: Against Councilmember Nicholas: For Mayor Pro Tem Porter: For Councilmember Randels: Against Mr. Clark asked Council to brief him on the revised occupational license since he was on vacation during its inception. Mr. Porter explained that the State had mandated that all municipalities and governmental entities in the entire State of Florida study the structure and equity of its occupational license fees. He further explained that the City convened a volunteer group of business men and women from the community to review the City's entire occupational license structure. Mr. Kurt Ronstrum stated that he not only served on the Equity Study Commission, but in so doing he voted on fees that would more than double the fees on two (2) of his businesses. City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 5 Mr. Fishback questioned Mr. Kancilia on the adjustments made to a category classified as miscellaneous to a fee of $93.75. His concern was that any new business could only be charged $93.75. Mr. Kancilia explained his reasons for recommending the fee of $93.75 to any "new" category that had not been included in the previous occupational license ordinance. Mr. Fishback reiterated his concern and stated that this created inequities in the system. Mayor Pro Tem Porter addressed the internal housekeeping amendments to the ordinance. Mr. Randels presented the first amendment under service- oriented businesses on page nine whereby the category of cleaning and janitorial services was omitted. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the category of cleaning and janitorial services under service- oriented business to include a rate of $50.00 with a $1,000 surety bond requirement and to delete the surety bond for private investigators. Mr. Nicholas questioned the benefit of surety bonds. Mr. Kancilia responded that surety bonds were insurance against certain risks and that fidelity bonds protected against dishonesty on the part of the profession; therefore, if a claim were made against the City, the City could go back against the bond. He further explained that the bond protected against costs incurred for enforcement of the ordinance. Further discussion followed on the effectiveness of using a surety bond. Motion on the amendment carried with members voting as follows: Councilmember Berger For Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Randels to amend the ordinance to delete the requirement for surety bond from all categories listed in the ordinance which consisted of cleaning and janitorial, decorating, and detective agencies. Mayor Pro Tem Porter asked Mr. Berger due to his personal involvement with being required to provide surety bonds in his business if a surety bond was effective. Mr. Berger felt that a surety bond was no longer required. Motion carried on the amendment with members voting as follows: Councilmember Berger Abstained Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels For Mayor Pro Tem Porter called the question on the main motion for Ordinance No. 25 -94. Motion on the ordinance carried with members voting as follows: Councilmember Berger Against Councilmember Nicholas For Mayor Pro Tem Porter For City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 6 Councilmember Randels For There being no further business, the meeting adjourned at 8:05 P.M. Approved this 6th day of SePtember , 1994. K. Porter, MAYOR PRO TEM ATTEST: Susan Stills, ACTING DEPUTY CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICE .AST NAME —FIRST NAME — MIDDLE NAME I NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMI Arthur Berger City Council of the City of Cape Canavel MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 627 Adams Avenue WHICH I SERVE ISAUNITOF: Cn'Y COUNTY 3 WCTTY O COUNTY O OTHER LOCAL AGENCY Cape Canaveral Brevard NAME OF POLMCAL SUBDIVISION: City of Cape Canaveral July 28, 1994 I - -- - - - M ELECTIVE O APPOINTIVE WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or io3.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, father -in -law, mother - in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo- ration are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CITY COUNCIL REGULAR MEETING August 2, 1994 A Regular Meeting of the Cape Canaveral City Council was held on August 2, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy 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 Susan Stills Present 1. Combined Workshop and Regular Meeting of July 19 1994 Motion by Mr. Porter, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop and Regular Meeting of July 19, 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. PUBLIC HEARINGS 1. Ordinance No 29 -94, Adopting new Personnel Rules & Regulations. for second and final readine. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; 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. 29 -94 at second and final reading. Mr. Randels expressed his concerns regarding provisions in the Personnel Rules which allowed part-time employees to receive vacation and sick leave benefits and the sick leave incentives included on page 39 of the Rules. He further noted that City employees were eligible to convert up to three (3) days of sick leave to three (3) personal days per year. He believed that sick and personal leave were to be used for different purposes. Mr. Nicholas concurred City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 2 with Mr. Randels on the point of converting sick leave to annual or administrative leave. After additional discussion, the motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 2. second and final readine Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at second and final reading. Mr. Nicholas noted that the section numbers in the Ordinance were out of sequence. Mr. Kancilia stated that the second Section 2 would need to be amended to Section 3 and subsequent sections changed accordingly. Motion by Mayor Salamone, seconded by Mr. Randels to amend the ordinance to re- number the sections as needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone commented that she felt strongly that the ordinance was certainly necessary after no changes having been made to Council salaries in 30 years. Mr. Randels stated that Councilmembers' expenses far exceeded any reimbursed amounts. He also noted that an equitable salary would more adequately provide for City - related expenses incurred by members of Council. Motion carried with members voting as follmys: Mayor Salamone For Mayor Pro Tern Porter Against City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 3 Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 3. Ordinance No 31 -94 Appointing members to the Local Planning Agency. for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at second and final reading. Mr. Randels questioned whether the nature of the ordinance was temporary or permanent. Mr. Kancilia explained that the nature of the Ordinance was permanent until the Ordinance was subsequently amended by Council. He further explained that the Board would consist of two (2) at large members and five (5) individuals who were also the regular members of the Planning and Zoning Board and that the at large positions would be utilized by two (2) Councilmembers to assist in the amendment of the City's Comprehensive Plan. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS Resolution No 94 -35 Appointing members to the Local Planning Agency (LPA) Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas, to adopt Resolution No. 94 -35 appointing Leo Nicholas and Rocky Randels as delegates at large to the Local Planning Agency. Mr. Randels City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 4 asked if there were other Councilmembers who desired the position. Mayor Salamone expressed Council's appreciation to Mr. Randels and Mr. Nicholas' for their willingness to assist where they were needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 22 -94, Amending City's Code of Ordinances to enact provisions to minimize fire hazards within the Cify, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 22 -94 at first reading. Mr. Randels expressed his agreement with the ordinance in that it would help minimize fire hazards within the City and fees would be incurred only by those who needed such inspections. 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. Ordinance No 20 -94 Amending Subsection 110 -51(bb) of the Code of Ordinances, by changing requirements for the pazking_of boats utility trailers. recreational vehicles, and special purpose vehicles, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILTTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 5 AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 20 -94 at first reading. Mr. Porter commented on the letter sent by Gerry Schmitz questioning the provision in the ordinance whereby the City was asking citizens to install a concrete pad or an impermeable surface, he suggested that this item be amended. Mr. Randels noted that this amendment had been made in the revised Ordinance. Mr. Nicholas stated that the ordinance did not specifically restrict paving to asphalt or concrete, it included sand, gravel, etc. Mayor Salamone asked Mr. Kancilia if the ordinance addressed other points addressed by Council, such as the twenty -five feet set back requirement. Mr. Kancilia answered that the ordinance prohibited the parking of vehicles within four feet of the right -of -way abutting any street. Mayor Salamone expressed that she felt the limitation was unfair to citizens. Mr. Berger commented that the sidewalks were built within the easement and he did not think that trailers or boats should be parked within the easement. Mr. Kancilia stated that if the sidewalks in question were all within the right -of -way and the City did not want boats and utility vehicles protruding over the sidewalk, the proposed Ordinance included "within four feet of the right -of- way which was four feet off the sidewalk, then the wording could be changed to provide that no vehicle would be parked on the right -of -way. He stated that then the vehicles would be allowed closer to the street and aesthetically that provision may be objectionable to some individuals. There was further discussion regarding the areas where no sidewalks were provided and other right -of -way concerns as related to the parking of boats and other such vehicles. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Ordinance, Sec. 110- 551(b)(2)(a) to allow that no boats, utility trailers, recreational vehicles, or special purpose vehicles "shall park within the right -of -way as opposed to within four (4) feet of the right -of -way line abutting the street ". 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. Randels expressed his concerns regarding the "relaxation of the parking requirements" included within the proposed Ordinance. Discussion followed regarding the screening limitations included in R -1 and R -3 zoning, and the limitation against the parking of any vehicle in excess of thirty (30) feet in length in R -1, R -2 or R -3 zoning. After discussion, Council concurred that such vehicles in excess of thirty (30) feet in R -2 and R -3 zoning would require screening. Mr. Nicholas expressed his concerns regarding the provision which allowed the parking of such vehicles on vacant lots under certain conditions including the written consent of the lot owner, current license plates, and that the vehicle needed to be in operable condition. Council concurred to further discuss Section 3 of the Ordinance at the next regular workshop meeting to be held on September 1, 1994. Motion carried on the main motion with members voting as follows: City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 6 Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 4. Ordinance No 32-94, Amending Section 38 -2 Fire Safety Fees to provide for reduced fire safety fees, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 38 -2, FIRE SAFETY FEES, TO PROVIDE FOR REDUCED FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 32 -94 at first reading. Mr. Randels expressed concern over making changes to the Ordinance after the original Ordinance was adopted less than two (2) months earlier. He stated that the Ordinance had yet to become effective and Council should not respond to the objections of one (1) individual complaint. Mr. Randels reiterated the two -fold objective of the ordinance which was to make fire safety rules that would apply to buildings to ensure that businesses were following a uniform code of fire safety at a cost of $50.00 per inspection and also to comply with State regulations on fire safety. Mayor Salamone questioned why the Ordinance was being changed two (2) months after it was originally adopted. Mr. Nicholas answered that Mr. Tim Grady had objected to the ordinance because he had not been notified of the cost and because Mr. Grady had paid for an occupational license and Mr. Grady had felt that the license should pay some of the cost of the fire inspection fee. Mr. Nicholas further explained that small businesses were being required to pay more and more fees and costs in order to do business. Mr. Randels asked Council to postpone passage of the Ordinance until Council had an opportunity to review the proposed budget. Mayor Salamone felt that the fee was fair and equitable. Further discussion followed regarding the implementation and possible revision of fire inspection and safety fees. Mr. Porter suggested using a fee of $35.00 as opposed to $50.00 for fire safety inspections. Motion by Mayor Salamone, seconded by Mr. Porter to table Ordinance No. 32- 94. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember, Nicholas, For; Councilmember Randels, For. 5. Resolution No 94 -34 Authorizing an in -kind service agreement with Bay Construction. Inc to construct improvements to Tower Boulevard City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 7 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE PAYMENT OF IMPACT FEES IMPOSED BY SECTIONS 2 -231 THROUGH 2 -237 TO BE PAID BY IN -KIND CONTRIBUTIONS BY DISCOVERY BAY DEVELOPMENT, INC., FOR THE PAVING OF APPROXIMATELY THREE HUNDRED FORTY (340) FEET OF TOWER BOULEVARD; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -34. Mr. Randels clarified that the intention of the developer was to pave a section of Tower Boulevard to permit him access to his development; however, the road would have to built to City specifications and the cost of the road, approximately $12,000, would be applied to the developer's impact fees in the form of a credit. He further explained that the developer was willing to pave the road and have his impact fees applied as he pulled his permits. Mr. Kancilia stated that the developer would pay for the cost of the road and as units were built and impact fees would have been payable, the developer would be credited for amounts already paid for paving against the required impact fees. Mayor Salamone questioned Mr. Boucher as to which impact fees were in discussion. Mr. Boucher explained that police, fire, parks, general government, and library impact fees were involved. Mr. Porter commented that years ago there had been an agreement between the City and Shuford Mills, which Mr. Nicholas had signed as City Manager, which stated that if Shuford Mills deeded the City the road right -of -way that the City would then pave the road. Mr. Boucher stated that the paving funds were listed in the FY 95/96 capital improvement budget. Mr. Porter questioned if the City had in fact signed a written agreement with Shuford Mills for the paving of Tower Boulevard. Mayor Salamone responded affirmatively and stated that no date had been set for the pavement of Tower Boulevard. Mr. Porter felt that the City had an obligation to pave Tower Boulevard through its written agreement with Shuford Mills. Mayor Salamone stated that the developer's proposal would only pave 340' of the roadway. She stated that she was not comfortable with the idea of paving the entire roadway due to the limited of amount of traffic on the road. Mr. Randels stated that previously there had been a strong concern of the wastewater treatment plant employees over the damage caused to their vehicles due to the condition of the northern section of Tower Boulevard. Mr. Bob Hoog stated that the Fire Department used to buy fuel from the City for the fire trucks, but it had discontinued that practice due to the condition of Tower Boulevard. There was further discussion regarding the possibility of paving the entire length of Tower Boulevard; the use of impact fees for the purposes so designated (library, parks, police, fire and general government, etc.); concurrency management concerns; and the limited access to the front of the Discovery Bay development by pavement of the 340' section of roadway. Mr. Nicholas expressed his strong opposition to allowing the use of impact fees through the in -kind agreement City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 8 and explained his reasons for same. Mr. Porter stated that he felt that Mr. Nicholas had a valid point that the impact fees did have "names" on them such as library, parks, etc. He stated that he did not understand Mr. Nicholas' other objections in light of Mr. Nicholas's signature on behalf of the City on the Shuford Mills agreement. Mr. Nicholas stated that he still felt that the City should pave Tower Boulevard; however, the City did not have the funds to pave the roadway. Mr. Boucher stated that he agreed that impact fees should be used for their stated purposes; but the City had earmarked $15,000 to stabilize the east -west leg of Tower Boulevard in this year's budget. He suggested if the City wanted to take the $15,000 and apply it toward construction of the 340' portion of the roadway then let the developer pay the impact fees and allocate the $15,000 for the stabilization of the roadway toward the construction of the 340' section of the roadway. Mayor Salamone stated that it would appear that the City was paving the 340' section only for the one developer. There was additional discussion regarding the entire Tower Boulevard situation. Mr. Boucher suggested paving the entire roadway in accordance with the FY 95/96 capital improvement budget after construction of the wastewater treatment plant improvements to eliminate the possibility of damage to the new roadway by construction vehicles. Mr. Bob Hoog commented on the amount of gas tax revenue coming into the City and that Tower Boulevard had been an issue for a number of years and he expressed his support of moving forward with the pavement of Tower Boulevard. Mr. Randels distributed copies of pertinent sections from the City's Code Book relating to impact fees. He expounded on the purposes /uses of impact fees. Mr. Porter felt that the City should complete the road in two (2) phases to deal with the sewer plant construction; first portion as quick as possible and the remainder in FY 95/96. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 6. Award of Bid No 94 -02 Laboratory Water Purification System Motion by Mr. Randels, seconded by Mr. Porter for Council to approve the award of Bid No. 94 -02 to the low bidder, Curtin Matheson Scientific, Inc., in the amount of $6,054 as recommended by the Public Works Director. Mr. Boucher explained that the new system would replace the water purification system purchased in 1986. Mr. Nicholas asked if the City received an itemized breakdown from Fisher Scientific as it did from Curtin Matheson Scientific, City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 9 Inc. Mr. Boucher explained that Fisher's price was submitted in one lump sum. Mr. Nicholas commented that the bid was in line with the upgrading of the wastewater and laboratory facilities. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. After a ten - minute break, the meeting was reconvened. 7. Quarterly Budget Transfers Motion by Mayor Salamone, seconded by Mr. Randels to approve the quarterly budget transfers for the quarter ending 6/30/94. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Approval of contract for annual audit services - Hoyman & Dobson Inc Motion by Mayor Salamone, seconded by Mr. Randels to approve the annual audit service contract with Hoyman & Dobson, Inc. Mr. Nicholas stated that he wished to bid out the audit services. He expressed that the service had not been bid out for 10 years and he wondered if the City was receiving a reasonable rate. Mayor Salamone stated that bidding the services out was not feasible at this time. She suggested that perhaps the contract could be bid out for FY 94/95. Mr. Randels questioned Ms. Janet Petroni of Hoyman & Dobson, Inc. if the cost included drafting of the annual budget. She concurred that it did. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 9. Authorization to bid annual a udit services contract Motion by Mayor Salamone, seconded by Mr. Randels to bid out the audit services contract for FY 94/95. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. Authoriz to bid legal services contract for FY 94/95 Motion by Mr. Nicholas, seconded by Mr. Randels to bid out the legal services contract for FY City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 10 94/95. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Resolution No 94 -36 Appointing two (2) regular members to the Commercial Development Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Resolution No. 94 -36 inserting the names of Ms. Joyce Sale and Mr. Jon Windhorst as regular members of the Commercial Development Board with terms to expire on June 1, 1996. 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. Porter explained that Mr. Jim Means had agreed to assist as a volunteer and help the City's grant writer, Mr. Bill Edins, in search of private and federal grant funds. Mr. Means was agreeable to not being appointed to the Commercial Development Board at this time. However, Mr. Porter recommended that the City Council retain his application and if an opportunity should arise for another position that he be approached again. Mr. Porter also commented that Mr. Windhorst was very experienced and would be most beneficial to the Board, as well as, Ms. Sale who had been a member of the Equity Study Commission and was a business owner in Cape Canaveral. 12. City Manager's Report Mr. Boucher commented that Ms. Ava Tunstall, appellate attorney for the City, had filed a brief in the Abbott case, and he suggested that Council read the brief and he complimented Ms. Tunstall on her work with the case to date. Mr. Boucher stated he had spoken to Brevard County planning directors, Gary Ridenour and Peggy Busaca, regarding the possibility of utilizing a County planner to assist with the City's Local Planning Agency and the Commercial Development Board. The working relationship between the City and the County looked favorable. Mr. Boucher announced that the land acquisition of the 2.4 acres of property located north of the existing wastewater plant with Cevesco, Inc. had been finalized. City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 11 Mr. Boucher stated that he and Mr. Kancilia were working on a draft of a cable franchise agreement for the next workshop meeting. Mr. Boucher acknowledged that the disagreement with Mr. Roger Vaughn over the sewer line had been resolved and the City settled the matter for the plumber's itemized estimate of $730.00 which had been agreeable to Mr. Vaughn. Mr. Boucher reminded Council of the upcoming budget workshop meeting scheduled for Monday, August 8th, at 5:30 p.m. Mr. Boucher commented on the resolution from the Port Authority in response to the City's resolution regarding termination of the sewage franchise agreement in the year 2000. Mr. Berger suggested that every year the City send a friendly reminder letter to the Port reminding them that their contract would be terminated in 2000. Mr. Nicholas added that the Port had allocated $15,000 for engineering studies for its own plant. Mr. Boucher announced that due to the City's Drug -Free Workplace Program the City was given a credit on its workers' compensation insurance in the amount of $1,353.00. 1. Motion by Mr. Porter, seconded by Mr. Berger for an add -on agenda item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Porter, seconded by Mr. Berger for Council to take the $15,000 allocated for the stabilization of Tower Boulevard in the FY 93/94 budget and use the allocated funds for immediate use to pave the first 340' of Tower Boulevard (Phase I). Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Mr. Kancilia noted the litigation report given to Council of all legal cases. He reported on the Abbott case and noted that under the rules of appellate procedure it was up to the court to schedule oral argument; to date oral argument had not been scheduled. In the case of Royal Mansions Condominium Association vs. the City, the hearing on the motion for summary judgment which was originally scheduled for September 6th had been postponed until September 12th to accommodate the judge's schedule. Mr. Kancilia further summarized the status of the Royal Mansions case. Mr. Kancilia stated that in the case of American Bank of the South vs. Szapor the City was actually a cross - claimant (third party claim). Mr. Szapor had included the City and other defendants in a foreclosure suit against American Bank of the South. American Bank had filed City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 12 suit against Mr. Szapor for default on a loan and Mr. Szapor had dragged the City and other parties into the suit alleging defects in the title. Mr. Kancilia did not believe that the City was a proper party to the suit and the City had moved to dismiss the case as not being appropriate against the City. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. Approved this 6i day of GP , 1994. 7 C. Salamone, MAYOR ATTEST: Susan Stills, ACTING DEPUTY CITY CLERK CITY COUNCIL REGULAR MEETING September 6, 1994 A Regular Meeting of the Cape Canaveral City Council was held on September 6, 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 Tern 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. Special City Council Meeting of July 28, 1994 Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Special City Council Meeting of July 28, 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. 2. Regular City Council Meeting of August 2. 1994. Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of August 2, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No 20 -94 Amending Section 110 of the Code of Ordinances, by changing requirements for the parking of boats utility trailers recreational vehicles, and special purpose vehicles. for first public hearing. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 100- 551(b); City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 2 AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 20 -94 at first public hearing. Mr. Randels stated that he was concerned with the City relaxing the present standards for the parking of boats and recreational vehicles. He stated that the proposed change included in the Ordinance limited the restrictions to recreational vehicles in excess of 30', thus a vehicle under 30' could park anywhere that was not specifically excluded. Motion by Mr. Randels, seconded by Mr. Porter to amend the Ordinance to delete the words "in excess of thirty (30) feet in length" from Item (i) on page 3 of the Ordinance. Mr. Randels stated that the Ordinance would then apply to all size recreational vehicles. Mr. Kancilia summarized the previous discussions held by the Planning & Zoning Board and Council regarding the 30' parking restrictions. He stated that the 30' restriction originally arose because the Planning & Zoning Board had recommended an increase from the 21' to 30' restriction. He explained that it was thought that in R -1 and R -2 zoning there would continue to be the same requirement for covering or screening of such vehicles and that the dividing line for covering was when the vehicle was in excess of 30' because vehicles under 30' were not considered to be an eyesore. There was further discussion regarding the 30' length restriction on the parking of recreational vehicles. Mr. Randels stated that the amendment to the Ordinance would provide that the parking limitation would apply to all boats and recreational vehicles. Motion by Mr. Randels, seconded by Mayor Salamone to amend the Ordinance to add the words "commercially registered vehicle" after "No for -hire vehicle" in Item (h), Page 3 of the Ordinance. Motion failed on the first amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 3 Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone announced that the second public hearing of Ordinance No. 20 -94 would be scheduled for Tuesday, September 20, 1994, at 7:00 p.m. 2. Ordinance No. 22 -94, Amending City's Code of Ordinances, to enact provisions to minimize fire hazards within the City, for second and final reading_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND REQUIRING A BUILDING PERMIT FOR THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 22 -94 at second and final reading. 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. NEW BUSINESS: 1. Resolution No. 94 -37. Extending current cable television franchise agreement. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO CABLE TELEVISION; EXTENDING THE EXPIRATION DATE OF THE FRANCHISE GRANTED PURSUANT TO ORDINANCE NO. 36 -64, AS AMENDED BY ORDINANCE NO. 16 -79, RESOLUTION NO. 88 -54 AND RESOLUTION NO. 92 -05, MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -37. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 4 2. Resolution No 94 -38 Authorizing the execution of a State Revolving Loan Fund and the pledge of revenues from the City's sewer system use fees to secure payment of said loan. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF STATE REVOLVING LOAN FUND NO. CS120825020; AUTHORIZING THE PLEDGE OF REVENUES DERIVED FROM SEWER SYSTEM USE FEES TO SECURE PAYMENT OF SAID LOAN; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -38. Mayor Salamone stated that the principal loan amount was $4,537,836 at an interest rate of 3.17 %. Mr. Kancilia explained in detail the changes to the loan agreement which he had requested and the changes which were approved or denied by the State. The changes which were denied would have required changes to the Florida Administrative Code. 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 -39. Reappointing members to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING THREE (3) MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -39 to reappoint Catherine Barnes, Buzz Petsos and Steve Roney to the Planning and Zoning Board with terms to expire on September 15, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -40. Appointing an alternate member to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. _ DISCLOSURE OF LOCAL OFFICER'S INTEREST I, e!&rff ere e✓ ' 3ER GE'x hereby disclose that on �' Z SS 9 ¢ 19_: (a) A measure came or will come before my agency which (check one) inured to my special private gain; i/ inured to the special gain of my business associate, Ar0/< Ar inured to the special gain of my relative, inured to the special gain of by whom I am retained; or inured to the special gain of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINi. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FORM 8B - REV. 1/94 City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 5 Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -40 with the inclusion of Don Bergen as an alternate member to the Planning & Zoning Board with a term to expire on September 15, 1996. 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 26 -94 Scheduling a Referendum Election for the purpose of presenting an valorem tax not to exceed 1,0 mil for Molice protection for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at first reading. Mr. Porter questioned whether or not Lt. McGee would discuss the proposed referendum further with Council. Mayor Salamone stated that she felt very comfortable going to the voters with the question given the current and future budget requirements for police and fire. Mr. Randels explained that he felt the voters needed to be adequately informed as to how the increased millage funds were to be used. Mayor Salamone stated that it would be for two (2) additional deputies. Mr. Randels questioned the success rates of bicycle patrols in smaller communities such as Cape Canaveral. Lt. McGee responded that bicycle patrols were being used on Merritt Island with good success; however, this was being done in low income areas where there were a concentrated amount of people and it had helped tremendously in keeping unwanted persons out of certain areas. The visibility aspect was important as well. There was additional discussion between Lt. McGee and Council regarding the possibility of utilizing bicycle patrols in Cape Canaveral and other policing needs within the community. Mr. Berger questioned if the millage increases were to be fully explained in the City's newsletter. Council supported moving up the schedule for the printing of the newsletter to allow information regarding the referendum questions to be included in the newsletter prior to the November election. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No 27 -94 Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services, for first reading. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 6 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Ordinance No 34 -94 Providing for the submission to the electors of the City of Caere Canaveral a proposed amendment to Article XXIV Sec 8 Nepotism of the City of Caere Canaveral Charter, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 34 -94 at first reading. Mr. Porter commented that he felt the matter would become a "political football ". There was discussion regarding the proposed ballot wording and Mr. Kancilia explained the reasons why the ballot summary needed to specify the actual nature of the change. Mr. Porter expressed his concerns regarding the prohibition against allowing two (2) family members to serve on two (2) separate City Boards that made recommendations to the City Council. Mr. Kancilia stated that under the present Charter provisions on nepotism, the Council could not appoint a relative of a Councilmember to any of its advisory boards. Under Florida City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 7 Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the particular Councilmember abstained from voting. Mr. Kancilia stated that by adopting Florida Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the Councilmember abstained; that same activity under the current Charter provision would not be legal. Mr. Porter stated that although he did not condone the tactics with which the original referendum was passed, he did feel that some good came out of the entire matter by clearing up any misconceptions. He stated that the City as a whole had been negatively affected by the entire nepotism issue. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 8. Ordinance No. 35 -94, Amending City's Code of Ordinances Section 780152 Monthly Sewer Rates, to clarify the authority of the City Council to modify sewer rates in amounts other than increases based on the consumer price index for first reading_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; 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. 35 -94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Ordinance No. 36 -94. Amending City's Code of Ordinances by adding a Section to be entitled. "Motion and Still Photography Production Perm ", for first reading. Mayor Salamone read the title of the Ordinance AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "_MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS " PROVIDING A City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 8 TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENT; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 36 -94 at first reading. Mr. Kancilia stated that Section 16 -67 of the Ordinance had been reworded to make it explicit that the granting of a production permit did not excuse the applicant from complying with other City Code provisions /licenses. He outlined several other modifications which had been made to the subject Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 10. Motion Re: Brevard County's Local Plan Assistance Pro Motion by Mr. Randels, seconded by Mr. Nicholas to authorize the City Manager to pursue an interlocal agreement with Brevard County for Alternative No. 1 for hiring a County planner for $20.62 per hour for up to 240 hours to assist with the Comprehensive Plan amendment process and the Commercial Development Board in an overall Redevelopment Plan for the City. Mr. Porter and Mr. Berger spoke in favor of the interlocal agreement with the County. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Motion Re: Authorization to Dispose of SurvLlus Property through City Auction Motion by Mr. Porter, seconded Mr. Randels to authorize the City Manager to auction the City property as listed on Bid No. 94 -05. Mr. Randels asked that the auction be published in additional publications. Mayor Salamone stated that she wanted copies of the auction lists at City Hall, the library and Capeview Elementary, and also that it be advertised in the publication known as the "Thrifty Nickel ". 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. City Manager's Report Mr. Boucher stated that Council had received a letter from the Canaveral Port Authority City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 9 regarding two (2) holdouts on the beach easements. He advised that on the two (2) parcels in question, the firm that was engaged to sue the Army Corps of Engineers had filed pleadings against the Port trying to get the easements. Mr. Boucher had spoken to Port Commissioner McClouth who had requested the City's assistance in attempting to persuade the two (2) holdouts to execute the easements. Mr. Randels stated that he was scheduled to meet with the Canaveral Towers Condominium Association. Mr. Porter suggested sending a letter to Mr. Harris of Gray, Harris, Robinson, Kirschenbaum & Peeples, requesting his support in obtaining the easements. Council concurred to send the letter to Mr. Harris and to copy both holdouts with the letter as well. Mr. Boucher stated that Karen Andreas, Brevard County Commissioner, had given him a copy of the Attorney General's opinion regarding the Snyder and Jennings lawsuits, which had been distributed to Council. Mayor Salamone asked that the City Attorney's opinion on the same subject also be sent to Commissioner Andreas. DISCUSSION: 1. Mr. Nicholas questioned if the Canaveral Cab Company was back in operation within the City. Mr. Boucher responded that the company had applied for a license /permit. Mr. Nicholas suggested that the City keep a close watch on the operations of the company within the City. Mayor Salamone expressed her concerns regarding the particular cab company as well. 2. Mr. Nicholas stated that in the past he had asked about getting lots mowed at the intersection of Magnolia and Adams Avenues. He stated that other lots had been mowed, but not the two in question and he asked that something be done about the problem. 3. Mr. Nicholas mentioned that he was concerned about the potential for one day rentals in Ocean Oaks and he had been assured by staff that a memo had been written to the owner advising him that rentals of less than seven (7) days were prohibited. He stated that he had a problem with the memo because it did not specifically outline the City's Code requirements. He advocated that the instructions to the owner be specifically outlined and explicit about the prohibition against rentals of less than seven (7) days. 4. Mr. Porter announced that he had a meeting scheduled for Friday, September 9, 1994, at 4:00 p.m., at the Recreation Center, with the volunteers who would be assisting the City in its grant research /writing efforts. 5. Mr. Randels distributed copies of a publication that the Florida League of Cities had compiled which listed all of the available grants, contract persons, and other applicable grant information within the State of Florida. 6. Mr. Randels commented that the Florida League of Cities had passed a resolution in opposition to legalized gambling in the State of Florida. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 10 7. Mr. Randels stated that of the 29 possible State ballot initiatives for November ballot, only six (6) had received enough signatures to move forward toward the November election. He distributed a fact sheet regarding the initiatives to Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8:24 P.M. Approved this 20th day of Joy C/Sal4)none, MAYOR ATTEST: Faith G. Miller, CdT CLERK CITY COUNCIL SPECIAL MEETING September 12, 1994 A Special Meeting of the Cape Canaveral City Council was held on September 12, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk PUBLIC HEARINGS 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. Resolution No 94 -41 Adopting the Tentative Millage Rate for 1994. Mayor Salamone read the Resolution in its entirety. A RESOLUTION ADOPTING THE TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -41. Mayor Salamone stated that she disagreed with raising the beautification and library millages for FY 94/95. She did not feel that the increases were warranted and she believed that the City should revert back to the FY 93/94 millage rates (total of 1.3391 mills). The public hearing was opened. Mr. Dick McGhee, 541 Washington Avenue, stated that when the Beautification tax was first approved by the voters he had been led to believe that the initial tax would be reduced once the City was made "beautiful ". He questioned whether the beautification funds were becoming a contingency fund. He spoke against tax increases in general. Mr. Randels explained that there were plans underway for enlarging the scope of the beautification issue. Mr. Boucher showed Mr. McGhee the outline of projects to be covered by the beautification tax. There was further discussion regarding the use of the beautification millage and relevant projects. Mr. Porter stated that the original concept of the referendum was not sold on a decreasing scale. He explained that the City had a lengthy process underway toward more beautification projects, specifically AIA and other areas in the City which needed an extensive amount of work toward City of Cape Canaveral, Florida Special City Council Meeting September 12, 1994 Page 2 "beautification ". He advised that even with the increased beautification millage the ad valorem taxes for FY 94/95 were lower than FY 93/94 (1.387 mill as compared to 1.4110 mill). Mr. McGhee reiterated his objection to the increased beautification and library millages. Mayor Salamone restated that she did not feel the increases were necessary in the upcoming fiscal year. Mr. Berger commented that he felt it was necessary because the more the City invested in the environment, the more the citizens would appreciate it. He supported using the funds for more beautification projects in the upcoming fiscal year. There was discussion regarding the proposed library millage increase as well (.0386 mill to .0425 mill). Motion by Mr. Porter, seconded by Mr. Randels to amend Section 4 of Resolution No. 94 -41, to reduce the storm drainage millage from .1821 mill to .1102 mill for FY 94/95. Mr. Randels commented that the overall millage rate for the City (1.3870 mill) was lower than the previous year. Motion by Mayor Salamone to amend Sections 2 & 3 of the Resolution to change the Beautification Dependent Special District millage from .4843 mill to .4403 mill and the Library Dependent Special District millage from .0425 mill to .0386 mill. Motion died for lack of a second. The public hearing was closed as there were no additional comments from the public. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For Mr. Boucher announced that the next budget meeting was scheduled for Monday, September 26, 1994, at 5:30 p.m. Mr. Porter asked that the plans for the various beautification projects previously discussed be written and available for the next scheduled budget meeting. Resolution No. 94 -42, Adopting the Tentative Annual Budget for FY 94/95. Mayor Salamone read the Resolution in its entirety. City of Cape Canaveral, Florida Special City Council Meeting September 12, 1994 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE TENTATIVE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -42. Mayor Salamone stated that because special revenue funds were included within the budget she had a problem with the way the budget would be presented to the public. Mr. Randels questioned the proposed $30,000 for a sludge dump truck in the capital improvements portion of the budget. Mr. Boucher explained that the dump truck was not recommended for funding. He stated that in the future the City may find it more cost effective to purchase a dump truck rather than to continue sludge hauling by a contractor. Mr. Randels also questioned why the extension of Ridgewood Avenue ($250,000) was still shown on the Capital Improvements Five Year Plan. Mr. Boucher stated that this item was also not funded and had only been included in the Five Year Plan because the extension was listed in the City's Comprehensive Plan. Once the Comprehensive Plan was amended, the item regarding Ridgewood Avenue extension would be removed from the Plan. The public hearing was opened and closed as there were no further comments on the budget. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For There being no further business, the meeting adjourned at 6:02 P.M. Approved this 20th day of September 1994. oy C. al one, MAYOR ATTEST: th G. Miller, CITY LERK CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING September 20, 1994 A Combined Workshop & Regular Meeting of the Cape Canaveral City Council was held on September 20, 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 Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Absent Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present 1. Regular City Council Meeting of September 6. 1994 Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of September 6, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Special City Council Meeting of September 12, 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of September 12, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PROCLAMATIONS: 1. Penner Buster Day - October 22, 1994. Mayor Salamone read the proclamation and presented it to Mr. Michael Casciopo, Marine Resources Council of East Central Florida. Mayor Salamone rearranged the order of the agenda due to the number of individuals present in the audience with regard to particular subjects. NEW BUSINESS: 2. Discussion & Motion Re: Library expansion site plan review. Mr. Roy Cowell, Stottler Stagg & Associates, gave a brief background of the library expansion project and two conceptual plans, A & B, which had been presented to City and County staff, the Library Board, and the City Council. Council had requested that the architects review other available alternatives for parking to allow a larger amount of greenspace to remain on the subject property. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 2 Mr. Cowell presented three (3) alternative solutions, C, D & E, and explained the concepts, and the positive and negative aspects of each. Concept C provided for the use of Poinsetta Avenue as a parking lot, closing the access point at Polk Avenue, with major work to be done on the east side of the property by removing sidewalks and relocating trees. Concept D provided that Poinsetta would still be a thoroughfare, but it visually would not give the impression of a through street due to landscaping. It would also utilize the City Hall Annex parking lot. Concept D would require significantly more construction including relocation of the library sign and possible storm drains. Concept E included several small parking sections and angle parking for the staff parking lot. Mr. Cowell stated that the library staff and the Library Board remained supportive of Concept A due to several reasons including that the facility would be a self - contained operation with everything controlled by the library, and the facility would not impact any outside entities. He explained that there would be a significant increase in the cost of the project if Poinsetta Avenue were closed or reconstructed to allow vehicle parking within the right -of -way. The utilization of any of the concepts which involved the use of Poinsetta Avenue would require changes to the scope of services under which Stottler Stagg had been contracted along with additional expense. Mr. Cowell commented that there were a limited amount of funds available within the County for all of the library expansion projects. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that there would be an additional cost impact from design and construction standpoints and there were limited funds set aside for the library project. He stated that if Poinsetta Avenue was developed as a parking area, the County's choices would be to limit the scope of the project or to have the City share in some of the expenses with the County. Mayor Salamone questioned if the County would be willing to continue to finance their portion of the expansion if the City agreed to develop the parking facilities along Poinsetta Avenue and how such a change in plans would affect the timeline of the project. Mr. Bisley stated that the first step would be to identify the difference in expenses involved, share the information with the local and County Library Boards and ultimately present it to the County Commission. He stated that other safety concerns needed to be addressed. He stated that the construction would be delayed approximately 60 days with such a change in the conceptual plans. Mr. Nicholas suggested a compromise to include placing parking only in the northern part of the addition on the east side near the entrance off of Polk Avenue and utilizing the parking across the street near the annex for the required number of parking spaces for the expanded building. Such a compromise would leave the southern half of the expansion site as greenspace. There was further discussion regarding the required number of parking spaces, possible pedestrian problems, the number of residents and visitors who use bikes or walk to their destinations within the City, and the general accessibility, convenience, safety and liability of the library facility. Mayor Salamone stated that the meeting room was not used often enough to justify the expanded parking and she favored Concept D. Mr. Berger suggested changing the angle of the building. Mr. Nicholas commented that he was adamantly against closing Poinsetta Avenue. Mayor Salamone asserted that Orange and Ridgewood Avenues were available for north -south traffic and that closing one block of traffic along Poinsetta would not be a problem. Discussion continued regarding maintaining as much greenspace as possible. Ms. Kathy Stewart, Brevard County, stated that historically when a library was expanded it was 1 /3rd more utilized which would mean additional parking needs. She stated that the circulation had City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 3 increased by 20% each month within the area and she disagreed that the parking was adequate for the library as it currently existed. She commented that a library of the proposed size usually require 45 -70 parking spaces. Discussion continued regarding traffic flow and pedestrian and vehicular traffic to the library. Mr. Harry Ernst, Library Board member, questioned if there were figures available on how much the open area near the library was used for recreational purposes. Mayor Salamone stated that no established figures were available, but that the children did use the area consistently and she would hate to see another concrete jungle in the area. Mr. Kancilia left the meeting at this time; Mr. Kevin Markey, Assistant City Attorney, took his place at the meeting. Mayor Salamone stated that a viable compromise would be to allow the City to take back one lot east of the facility to increase the greenspace area. She summarized the compromise by explaining that Poinsetta Avenue would remain open, 68 parking spaces would be located on the site, the building would remain as depicted on Concept A, and half of the requested greenspace (one lot) would be returned to the City. Council concurred with the suggested compromise. Mr. Cowley stated that he would provide revised site sketches to the City Manager. Mrs. Stewart advised that she would agree with Mayor Salamone's recommendation and that overflow parking would be located across the street from the library near the City Hall annex. After a ten - minute break, the meeting was reconvened. PUBLIC HEARINGS: 1. Ordinance No 20 -94 Amending Section 110 of the Code of Ordinances, by changine ree uirements for the parking of boats utility trailers recreational vehicles and special purpose vehicles, for second and final public hearing_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS,, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 20 -94 at second and final public hearing. Mr. Randels stated that he had a concern regarding the wording he had added at the previous meeting, "commercially registered vehicle ", to item (h), page 3. He explained that the added words would also exclude individuals with pick -ups or cars that were registered commercially City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 4 from parking in their own driveways. Motion by Mr. Randels, seconded by Mr. Berger to delete the words "commercially registered vehicle" from item (h), on page 3 of the ordinance. Mr. Markey suggested adding the following wording to the subject section: "This section shall not be construed to prohibit parking of automobiles, pickup trucks and mini - vans ". Mr. Nicholas suggested that wording could be used to specify commercial vehicles over a certain weight. Motion by Mayor Salamone, seconded by Mr. Berger to add the language provided by Mr. Markey to item (h), page 3 of the ordinance. Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the first amendment with members voting as follows: Mayor Salamone, Against; Councilmember Berger, Against; Councilmember Nicholas, Against; Councilmember Randels, Against. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 26 -94 Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 1.0 mil for police protection for second and final reading. Mayor Salamone read the title of the Ordinance AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING T13E DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 27 -94 Scheduling _a Referendum Election for the purpose of presenting an ad valorem tax not to exce 0.5 mil for fire /rescue services. for second and final reading Mayor Salamone read the title of the Ordinance AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 5 CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No 34 -94 Providin¢ for the submission to the electors of the City of Cane Canaveral a proposed amendment to Article XXIV Sec 8 Nepotism of the City of Cane Canaveral Charter, for second and final readine Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 34 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 35 -94 Amending City's Code of Ordinances Section 78 -152. Monthly Sewer Rates to clarify the authority of the Cb Council to modify sewer rates in amounts other than increases based on the consumer price index. for second and final reading Mayor Salamone read the title of the Ordinance AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 35 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No 36 -94 Amending City's Code of Ordinances by adding _a Section to be entitled "Motion and Still Photography Production Permits ". for second and final reading. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 6 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS " , PROVIDING A TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENTS; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 36-94 at second and final reading. Mr. Berger questioned if the applicants for such permits would have to go through all of the City's normal permitting process. Mr. Boucher stated that Bonnie King, Film Commissioner, of the Space Coast Film Commission would advise any applicants of the procedures and permits required by each City within Brevard County. Mr. Nicholas commented that the penalty clause in Section 16 -65 was not specific. Mr. Boucher stated that the applicable penalty clause was included in the City's Code Book. Mr. Nicholas reiterated that he did not feel that there were enough controls /restrictions within the ordinance. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For NEW BUSINESS: Mayor Salamone changed the order of the items under New Business as necessary 9. Resolution No. 94 -47. Authorizing an agreement with the Brevard County Sheriff's Department to provide municipal police services for FY 94/95 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger for approval of Resolution No. 94 -47. Mr. Boucher explained the changes included in the contract. He stated that Page 13, Paragraph 17, Telecommunications included a provision to place the City on notice that as of October 1, 1995, the Sheriff's Department would be charging the City for dispatch services. Mr. Boucher stated that he City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 7 objected to the provision since there were two (2) other municipalities that received the same type of service that the City received and that Palm Bay had questioned why three (3) cities received special treatment. Mr. Boucher commented that Cape Canaveral had a separate agreement with the Sheriff's Department and that Palm Bay received their 911 fees for dispatch and that Cape Canaveral's 911 fees went to the County. Mayor Salamone questioned why the provision was included in the contract rather than sent to the City in a letter format. Mr. Curt Jones, Brevard County Sheriffs Dept., stated that it would not be a problem to remove the subject clause from the contract. Mr. Jones stated that some analysis could he completed to identify applicable 911 funds as needed. He stated that .23 cents of the .50 cents charged for 911 services went to Southern Bell in direct support of the 911 equipment and lines; the balance of the funds were spent on capital needs for the cities and for improvements to the overall equipment. Mayor Salamone asked that the letter include figures applicable to the anticipated cost of dispatch services. Mr. Randels addressed his concern regarding the proposed deletion of the following text: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City". Commander Vernon Weekley stated that in the early days there were only two (2) deputies working at the precinct and at that time the provision for deputies with more than one year's experience was absolutely necessary. He stated that since 1978, the department had grown from six (6) members to a 17- member department. He explained that he was not proposing transferring all of the recruits to the Cape Canaveral precinct. Mr. Nicholas voiced his objections to the proposal due to the amount of funds paid to the Sheriffs Department for police protection. He stated that the City had agreed to a contract with the Sheriff's Department in order to have the best possible police protection available. Lt. McGee stated that deputies could not leave the Cape Canaveral precinct unless they left the employment of the Sheriff or unless reassigned by the Sheriff after notification to the City Manager. There was further discussion regarding the subject provision in the proposed contract. Mr. Jones explained that there was a cost benefit to having a mixture of people with a mixed amount of tenure and experience. Mayor Salamone questioned if the Sheriffs Department would agree to allow not more one (1) trainee at any given time at the Cape Canaveral precinct. Motion by Mayor Salamone, seconded by Mr. Berger to add language to the contract to provide that the Cape Canaveral precinct would have no more than one (1) trainee at any given time. Mayor Salamone stated that the contract price of $970,570 was lower than the FY 93/94 price of $981,800. Mr. Nicholas questioned the deletion of the crossing guard section in the contract. Mr. Boucher advised that Brevard County's Public Safety Department was responsible for all of the crossing guards throughout the County who were not employed by the individual municipalities. The County provided the necessary crossing guard training and certification. Lt. McGee stated that the deputies would cover the school zones and would cover for the crossing guards if there was a sickness or an emergency situation; but they would not be responsible for actual training of the guards. Motion by Mayor Salamone, seconded by Mr. Randels to amend the contract to delete paragraph 17. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 8 Motion on the first amendment failed with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to add the following text to paragraph 4, page 5: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City". Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion failed on the main motion with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Mayor Salamone asked that the contract be taken back to Sheriffs Department for additional consideration with regard to the requirement that deputies have a minimum of one year's experience prior to being placed in the Cape Canaveral precinct. The item would be placed on the next Council meeting agenda scheduled for October 4, 1994. 11. Discussion & Motion Re: Bid No. 94 -03, Tower Boulevard Stabilization Project. Motion by Mayor Salamone, seconded by Mr. Randels to approve Bid No. 94 -03. Mr. Boucher explained that the bid had been advertised to stabilize Tower Boulevard and during the bid process Council had changed the scope of the project to pave 340' of Tower Boulevard. He stated that the bids received were in excess of the verbal quotes received previously. Mr. Boucher recommended that Council reject the bid to stabilize the roadway and a new bid would be let to pave the subject roadway section. He advised that he had given Mr. Tezel a schedule for the project and that staff had reviewed the plans and they were awaiting a response from the St. Johns River Water Management District for a permit modification. Mr. Ali Tezel questioned if he could do anything to expedite the permitting process. He offered to contact St. Johns directly. Mayor Salamone stated that staff was expecting approval from St. Johns by October 13, 1994, and she asked Mr. Boucher to contact St. Johns and verify the status of the permit modification. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas Against City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 9 Councilmember Randels For 1. Discussion & Motion Re: City Attorney selection. Motion by Mayor Salamone, seconded by Mr. Randels to re- advertise for legal services. Mayor Salamone stated that she did not believe that Council had enough of a selection for legal services and she felt that the advertising was not adequate. She stated that she would like to have more firms available for consideration. Mr. Berger stated that there were not many law firms available with municipal experience and he felt that the two (2) firms that applied were qualified. Motion failed with members voting as follows: Mayor Salamone For Councilmember Berger Against Councilmember Nicholas Against Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Berger to contract with Mr. Kohn Bennett of the firm of Amari, Theriac & Eisenmenger to provide legal services for the next year. Mayor Salamone stated that Mr. Bennett worked for a firm that had previously worked for the City and the firm had resigned. She stated that she did not have any faith in the firm or the way the City was treated and she did not feel that the firm would be a good choice for the City. Mr. Nicholas stated that Mr. Bennett had been the City Attorney for the Planning & Zoning Board and the Board of Adjustment. Mayor Salamone reiterated her feelings against the firm of Amari, Theriac and stated that Councilmembers had problems with some of the firm's decisions and that their record with the City was not good. She stated that the furs was not in the City's best interests and she would not support the firm. Mr. Berger stated that he had personal experience with the Amari, Theriac firm and felt that they were well qualified. Mrs. Ann Thurm spoke in favor of the firm of Amari, Theriac and she stated that she felt anyone could make a mistake and she did not hold the mistake against the firm. She recommended Mr. Bennett as the City Attorney as she felt he was most cooperative and capable. Mrs. Thurm stated that the firm had resigned under pressure. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Mr. Randels commented that another motion would probably not pass as well. Motion by Mayor Salamone, seconded by Mr. Berger to re- advertise for legal services. Mr. Boucher stated that the current contract with Reinman, Harrell expired on September 30, 1994, and he would proceed to make provisions to hire Mr. Kancilia or Mr. Markey on a temporary basis. Mayor Salamone stated that Mr. Kancilia had agreed to continue until a lawyer was hired and Mr. Boucher concurred. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Discussion & Motion Re: Route selection for reuse system. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 10 Mr. Boucher gave a brief background on the proposed reuse system. He stated that he needed direction from Council as to which phases of the project were to be completed initially and which alternate route was to be selected for Phase I (main line along AlA or Poinsetta Avenue). Mr. Nicholas questioned how much it would cost to complete the entire reuse system throughout the City and Mr. Gary ReVoir, Hartman & Associates, responded that the full project would cost $2.8 million. There was extensive discussion regarding the following: whether the entire project should be completed collectively or in phases, viability of installing all of the infrastructure for the system at one time, funds available in wastewater reserve accounts, potential to have capacity shortfalls, maintenance expenses for reuse lines that may not be utilized for a number of years, available capacity if the Port builds its own plant and terminates its agreement with the City in the year 2000, and the City's current interlocal agreement with Cocoa Beach for 750,000 gpd of reuse water. Discussion continued regarding whether or not final engineering costs for the entire reuse system were included in the current contract with Hartman & Associates. It was determined that the final engineering costs were included within the total estimated $2.8 million cost of the complete project, but Hartman & Associates were not designated as the engineers to complete final engineering work for the entire project. Motion by Mayor Salamone, seconded by Mr. Berger to put in the infrastructure necessary to complete the entire reuse system as presented. Mr. Nicholas stated that the City could extend its contract with Hartman & Associates to provide the engineering and design for the entire reuse system. Mr. Berger commented that the main trunk line would run on the west side of AIA. Mayor Salamone and Mr. Nicholas concurred with the location of the main trunk line if the City was constructing the entire reuse system throughout the City. Mr. Randels stated that the City would be installing a great quantity of pipes with a possibility of only 20% resident participation. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Motion by Mayor Salamone, seconded by Mr. Berger to approve a dedicated line to Cocoa Beach for the 750,000 gpd, not a lift station. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. ReVoir questioned if Council wanted Hartman & Associates to submit a proposal for final engineering services for the City's entire reuse system and Council concurred. 4. Discussion Re: Tourist Development Tax. Item would be added to the next Council workshop meeting agenda. Resolution No. 94 -43. Reappointing members to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -43 with the following members reappointed to the Code Enforcement Board: Mary K. Russell, Walter P. Godfrey, Jr., and James O'Kell with terms to expire on October 1, 1997. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No. 94 -44_ Reappointing members to the Library Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -44 to reappoint J. Tim Grady, Harry Ernst and Anna M. Kelly as regular members of the Library Board and Joanna Atwood as an alternate member of the Library Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No. 94 -45. Reappointing members to the Recreation Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -45 to reappoint Colin Finnigan, Harvey Renshaw and William Schmidt as regular members of the Recreation Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Resolution No. 94-46. Reappointing members 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; REAPPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Resolution No. 94 -46 to reappoint Marilyn Rigerman and Robert Laws as regular members of the Zoning Board of Adjustment with City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 12 terms to expire on October 1, 1996. Mr. Markey stated that Council could not reappoint Marilyn Rigerman to the Board under the current nepotism provisions of the City Charter. Mrs. Marilyn Rigerman stated that she believed the current law was in conflict with Florida Statutes and that since it was in conflict it could be set aside and the resolution approved. She explained that the Zoning Board of Adjustment was an important quasi-judicial board and that there was a short supply of experienced members to serve on the Board. Mayor Salamone stated that Council agreed with Mrs. Rigerman, but she would have to follow the City Attorney's opinion on the matter. Mr. Markey stated that the Council would be voting in contrivance of its own law if it voted in favor of the appointment. Mrs. Ann Thurm commented on the Galbraith case decision which allowed that a Councilmember's spouse could serve on boards without any conflict if the spouse abstained on the vote to appoint his/her spouse to a board. She asserted that the City Charter amendment was invalid because it was in conflict with State law. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Resolution to allow that only Robert Laws be reappointed as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the main motion with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels Against Mr. Berger asked for more research on the matter from the City Attorney. Mr. Nicholas stated that as of October 1, 1994, the Board would be missing two (2) members and any decision made by the Board required four (4) positive votes. Mrs. Rigerman stated that if the Charter provision was not changed by the referendum that she would challenge the provision and prevail and that the City would end up paying the associated legal costs. She encouraged everyone to vote affirmatively for the Charter referendum in November. Motion by Mayor Salamone, seconded by Mr. Berger to reconsider Resolution No. 94 -46 removing Marilyn Rigerman's name from Section 1 of the Resolution. Motion carried with members voting as follows: Mayor Salamone, for; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Mr. Laws was reappointed to the Board. She stated that Mrs. Rigerman had served well as a member of the Board and she hoped that she was successful in seeing the referendum approved in November. 10. Resolution No. 94 -48. Authorizing an addendum to the agreement for Fire Protection and Emerggncy Medical Services with the Cape Canaveral Volunteer Fire Department. Inc., for FY 94/95. Item would be added to the next Council workshop meeting agenda. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 13 12. Discussion & Motion Re: Councilmember vacant Mayor Salamone stated that the City had received a Division of Elections opinion and an opposite opinion from the City Attorney regarding the Councilmember vacancy. She explained that Council had decided that it had allowed Mr. Kancilia to request an opinion from the Florida Division of Elections and that it would abide by their decision. Motion by Mayor Salamone, seconded by Mr. Randels to abide by the Division of Elections opinion. Mr. Nicholas asked for clarification on the motion and Mayor Salamone stated that the motion provided that "Council appoints ". Mrs. Thurm stated that similar situations had occurred in 1976, 1979, and 1984 and every time the replacements were appointed and she felt that the laws were very clear. She did not understand why the matter had been questioned and that the City had always followed the Charter and the Election Code. Mr. Markey summarized that Mr. Kancilia's opinion was based upon a Florida Supreme Court case that stated the opposite of the Division of Elections' opinion. Mr. Spike Schryer stated that he was upset about Council's action because the City had notified or solicited that there would be an election for the Councilmember position. Mayor Salamone stated that there was a disclaimer in the notice. Mr. Schryer stated that he felt the City was in the wrong because it was preventing the people from making the choice and he would look further into the matter. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 13. Monthly Activity Reports. Item would be added to the next Council workshop meeting agenda. 14. City Manager's Report. Mr. Boucher stated that Brevard County would be resurfacing the bikepath along the west side of North Atlantic Avenue within the next month. ADJOURNMENT: There being no further business, the meeting adjourned at 10:04 P.M. Approved this 4th day of October , 1994. Joy f. S none, MAYOR ATTEST: i Faith G. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING September 26, 1994 A Special Meeting of the Cape Canaveral City Council was held on September 26, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Clerk PUBLIC HEARINGS Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Absent Rocky Randels Absent Bennett Boucher Present Faith Miller Present Resolution No. 94 -49, Adopting Final Millage Rate for 1994. Mayor Salamone read the Resolution in its entirety. A RESOLUTION ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -49. Mayor Salamone stated that she felt that the City should go back to last year's tax rates for the Beautification and Library millages as she did not see a reason to increase either tax. Mr. Porter agreed with the reduction in the proposed library tax, but he felt more discussion was needed on the Beautification portion of the budget. Mr. Porter stated that overall, regardless of the increases in the Beautification and Library millages, there would still be a net reduction in taxes in the City (1.4110 mills to 1.3870 mills). Mayor Salamone questioned what projects were planned for the increased Beautification millage. The increased Beautification millage would net the City approximately $14,000. The public hearing was opened. Mr. Dick McGhee, 541 Washington Avenue, objected to the proposed Beautification and Library millages and added that he disagreed with increased millage rates without justification. Mr. Bill Sweet agreed with Mayor Salamone in that the Beautification and Library millages should not be increased. Mr. Sweet spoke favorably regarding the City's police and fire services and that possibly those tax rates should be increased. He also commented that the City employees were excellent. Mayor Salamone advised that referendums to increase the police and fire millages from .50 to 1.0 mill for police and from .25 to .50 mill for fire were being placed on the November election ballot and the voters would have the right to decide whether or not the City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 2 millages should be increased. Mr. Bob Hoog spoke against increasing the Beautification and Library millages and commented that there was $46,000 in the Beautification contingency budget. He questioned why the taxes were proposed to be increased with no planned projects in place. Mrs. Francis Singer, Beautification Board Chairman, explained that there were two (2) planned programs - 1) planting of trees on the presidential streets /regreening of Cape Canaveral; and 2) xeriscape park to be located across from the Recreation Center. Mayor Salamone stated that both projects were already included within the budget. Mr. Porter stated that the AlA corridor needed substantial beautification improvements. He expressed that City funds could be doubled through the use of grants for specific beautification projects and that funds were available through several types of grants, but most grants required matching funds. He mentioned that $26,000 of beautification funds were doubled through a grant ($52,000) for the tree planting project. He stated that maybe the Beautification tax did not need to be increased during the next fiscal year, but he also advocated putting more time and effort into preparing plans for specific projects in the next year. Specific projects for improvements to the community would help to gain residents' support for a potential increase to the Beautification tax next year. Mr. Porter stated that it was critical for the City to move toward the future with needed improvements. Mayor Salamone commented that she did not resent any funds that had been spent on Beautification in the past. She supported lowering the tax in the years when it was not needed and raising it in the years that there were projects that warranted the increased tax. Mr. Berger stated that there were several Beautification projects being contemplated such as entrance signs to both entrances along AIA. He stated that the overall taxes were not increasing and the more beautiful the City became then the more valuable it became to its residents. He felt that the increased millages were justified. Mr. McGhee spoke against placing more funds in the Beautification contingency fund. Mayor Salamone reiterated that planned projects were needed. Motion by Mayor Salamone, seconded by Mr. Porter to amend the main motion to go back to last year's millage rate for Beautification (.4403) and Library (.0386) taxes. Mr. Sweet commented on the conditions in the area along AIA in between Cocoa Beach and the City (Avon -by- the -Sea). Mayor Salamone explained the goals and objectives of the Commercial Development Board and the Local Government Cooperative Committee. Mr. Porter suggested that the Beautification Board prepare an actual plan to include goals to be accomplished over the next few years and place it into the City's Five Year Capital Improvement Plan. Mr. William Gleckner, Beautification Boardmember, questioned several line items included in the Beautification budget. Ms. Deborah Haggerty, City Treasurer, explained the forecasting of estimate revenues and expenditures, the proposed decrease in the Beautification and Library City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 3 millage rates, the annual City millage (tax) paid by an average homeowner in Cape Canaveral, and that the overall tax liability of a Cape Canaveral homeowner would be lower than the previous year. Mayor Salamone read Resolution No. 94 -49 in its entirety due to the proposed amendment. Section 1 of the amended Resolution now read: "The total millage for all City operating purposes is fixed at 1.34 mills on the dollar of taxable value for the 1994 -95 fiscal year of the City of Cape Canaveral, Florida. This millage is a 1.58% increase from the rolled back rate." The Beautification millage rate in Section 2 was changed from .4843 mill to .4403 mill, and the Library millage rate in Section 3 was changed from .0425 mill to .0386 mill. Mr. Porter explained that he had re- evaluated his stance on the previously proposed millage increase and that it was reasonable to expect a more aggressive plan for the future of beautification projects. The public hearing was closed as there were no additional comments from the public. Motion carried on the amended Resolution with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger Against Motion failed on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter Against Councilmember Berger For Mayor Salamone announced that Resolution No. 94 -49 as amended passed by a 2 to 1 vote. 2. Resolution No. 94 -50. Adopting the Final Annual Budget for FY 94/95 Mayor Salamone read the Resolution in its entirety. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995; PROVIDING FOR AN EFFECTIVE DATE. The public hearing was opened and closed as there were no further comments on the budget. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -50. City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 4 Motion by Mayor Salamone, seconded by Mr. Porter to amend Resolution No. 94 -50 to include the millage rates and related figures that were adopted on the amended Resolution No. 94 -49. Motion carried on the amendment with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger Against Motion failed on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter Against Councilmember Berger For Mayor Salamone announced that Resolution No. 94 -50 as amended passed by a 2 to 1 vote. There being no further business, the meeting adjourned at 6:20 P.M. Approved this 4t-h_ day of _Q t- , 1994. JqV C. alamone, MAYOR ATT T: Faith G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING October 4, 1994 A Regular Meeting of the Cape Canaveral City Council was held on October 4, 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 Interim City Attorney City Clerk Joy Salamone Present John Porter Present (Late) Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of September 20, 1994. Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of September 20, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Pro Tem Porter arrived at the meeting at this time. 2. Special City Council Meeting of September 26 1994. Motion by Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of September 26, 1994, as presented. Mr. Nicholas questioned the main motion, amendment and the vote taken on Resolution No. 94 -49. Mayor Salamone advised that she had read the amended Resolution in its entirety, so that the vote on the amendment included the complete amended Resolution. She stated that the main motion had failed on the Resolution that was presented to Council, but the amendment passed on the Resolution as amended. Mr. Nicholas commented that Resolution No. 94 -49 was defeated; Mayor Salamone reiterated that amended Resolution No. 94 -49 was approved. Mr. Nicholas suggested continuing the discussion at the end of the meeting. 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: 1. 1994 Fall Beautification Awards Residential - Mr. & Mrs. Gerald Fischetti City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 2 Multi- Family - Sand Pebbles Commercial - Maggie's Mini Nursery Mrs. Frances Singer, Beautification Board Chairperson, presented the 1994 Fall Beautification Awards to the following individuals: Mr. & Mrs. Gerald Fischetti - Residential award; Mr. Jay Sauerwind, President of the Sand Pebbles Condominium Association - Multi- Family award; and Ms. Sarah Johnson, Owner of Maggie's Mini Nursery - Commercial award. NEW BUSINESS: 1. Motion Re: A ppointment of interim City Attorney. Motion by Mr. Nicholas, seconded by Mr. Randels to appoint the firm of Potter, McClelland, Marks & Healy as Interim City Attorney at a rate of $75.00 per hour until a City Attorney was selected. Mayor Salamone thanked Mr. William Potter and his firm for agreeing to serve as Interim City Attorney. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No 94 -47 Authorizing an agreement with the Brevard County Sheriff's Department to provide municipal police services for FY 94/95. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -47 for the level of service specified in the contract in the amount of $970,570. Mr. Boucher stated that the Sheriff s Department had provided a revised contract to him immediately prior to the start of the meeting. He explained that the revised contract provided that: "The Sheriff further agrees that there will not be more than one deputy assigned to Cape Canaveral at a time with less than one (1) year of experience ". Mr. Randels stated that "not more than one (1) trainee at a time" meant that Cape Canaveral could have a training position continuously. He wanted to also provide that the trainee would be in addition to the regular deputies. Mr. Nicholas stated that he understood that one (1) of the 17 deputies assigned to Cape Canaveral would be a trainee. Lt. George McGee, Cape Canaveral Precinct, explained that the training phase was 12 -18 weeks, once certified the officer was placed in a patrol vehicle alone. He further explained the training program and he commented that in the event that the Cape Canaveral precinct did have an opening then they would only be allowed to have one (1) person who had completed the training City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 3 phase who could be assigned to the Cape Canaveral precinct for a one (1) year period of time. Mr. Porter stated that he could agree to allowing only one (1) person with less than one (1) year's experience who would be assigned to Cape Canaveral for at least a one (1) year period. Mr. Nicholas felt that the wording in the contract would allow a continuous training program during the term of the contract and he did not feel that Cape Canaveral should be a training ground for the Sheriff's Department. He advocated limiting the provision to allow one (1) trainee only for the term of the contract. Mr. Potter, Interim City Attorney, suggested the following change to the language: "During the term of this contract only one (1) deputy with less than one (1) year's experience shall be assigned to duties in Cape Canaveral." Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to include the wording in the contract as suggested by the City Attorney. Mayor Salamone questioned why Council did not want trainees in Cape Canaveral. Mr. Nicholas stated that the City was paying for fully experienced deputies to be on duty at all times and he spoke against allowing the precinct to become a training ground for all deputies. Mayor Salamone stated that the Council had previously agreed to the language which included the words "at a rime" at an earlier workshop meeting. She stated that she did not have any problem with the language as presented in the agreement. There was further discussion regarding the amendment and the issue of having deputies with less than one (1) year's experience stationed in Cape Canaveral. Lt. McGee stated that if the proposed amendment was approved he would have to obtain approval from the Sheriff Department's administration. Mr. Porter commented that only one (1) trainee would be allowed in Cape Canaveral and that the person would be assigned to Cape Canaveral for one (1) full year; Lt. McGee agreed with Mr. Porter's interpretation. Motion failed on the amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tern 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 Tern Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 3. Resolution No. 94 -48, Authorizing an addendum to the agreement for Fire Protection an d Emergency Medical Services with the Cape Canaveral Volunteer Fire Department. Inc.. for FY 94/95. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 4 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -48. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Motion Re: Contract amendment with Hartman & Associates for reuse system design of Phases 2 & 3. Motion by Mayor Salamone, seconded by Mr. Berger to approve Authorization No. 3 with Hartman & Associates for the reuse system design for Phases 2 and 3 at a cost of $101,645. Mr. Boucher advised that the public hearing for the wastewater reuse system improvements and the State Revolving Loan funding was scheduled for November 1, 1994. Mr. Nicholas stated that he would have liked to have more time to review the contract. Mr. Randels spoke against the motion and he explained his reasons for same including that there was no data available regarding how much reuse water would be used in Phase 1, no data on how much water would be available for Phases 2 and 3, the possibility that the Department of Environmental Protection (DEP) may revoke the City's continuous wet weather discharge permit if the City indicated that it would be utilizing all of the water for irrigation (reuse), borrowing additional funds would cause an increase in the sewer rates for all residents, and that the City's engineers recommended that Phase 2 & 3 be completed at later dates as the water became available. Mr. Nicholas stated that the contract before the Council was for the design only of Phases 2 and 3. He advocated having the full design done as one project, not piecemeal. Mr. Porter stated that between the design and actual construction of the system many things could change that would impact the system. Mayor Salamone commented that the rate analysis showed that through the year 1997, it would mean an additional cost to the residents of $6.92 per year. She stated that in 1997, the residential sewage charge would be $17.79 and currently the statewide average was $20.94. She strongly supported designing the entire reuse system. There was a general discussion regarding the wet weather discharge permit and the reuse system in general. Mr. Nicholas questioned the $50,000 survey cost. Mr. Gary ReVoir, Hartman & Associates, stated that the surveys would be completed first and foremost, everything would be based on the existing conditions, and a lack of surveying would decrease the total quality of the design process. He explained that there were some concessions that could be done to slightly reduce the survey cost. Mayor Salamone stated that Authorization No. 3 included a "not to exceed City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 5 $101,645" clause. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Council directed the City Manager to prepare the necessary documents to request full funding of the reuse system through the State Revolving Loan Fund. 5. Motion Re: Interlocal agreement with Brevard County's Local Planning Assistance Program Motion by Mr. Nicholas, seconded by Mr. Berger to approve the interlocal agreement with Brevard County for Local Planning Assistance Program to be at a rate of $20.62 per hour to formulate the City's Comprehensive Plan update. Mr. Randels advocated that the Council should have the ability to monitor the program and he asked for monthly progress statements. Council concurred with Mr. Randels' request for monthly progress reports. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No. 94 -51. Appointing a regular 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 A REGULAR MEMBER TO 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 -51 appointing Ann Thurm as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No. 94 -52. Appointing a regular member to the Library Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 6 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -52 appointing Joanna Atwood as a regular member of the Library Board with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Motion Re: Authorization to bid for City Engineering services. Motion by Mr. Nicholas, seconded by Mr. Porter to authorize the City Manager to solicit bids for City Engineering services. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Citv Manaeer's Reo4rt Mr. Boucher updated Council on the status of the negotiations with the union. He stated that the union had agreed to a three (3) year contract with the ability to open three (3) articles annually, and the Drug -Free Workplace requirements. He stated that Mr. Elmer Sevor had requested that the Council consider adding approval of the contract to the meeting's agenda. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Porter to approve the contract between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673, as bargained by the City Manager. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that Mr. Nicholas had inquired about four (4) cases that were listed on the Sheriff Department's monthly report and he distributed a response from Lt. McGee to each member of Council. Mr. Porter encouraged the resumption of the City's crime report in Florida Today; Lt. McGee stated that the crime information was given to the paper on a routine basis, but the paper did not always publish the information as submitted. Mr. Boucher distributed copies of the newly revised draft of the cable television franchise agreement between the City and Time Warner; the item would be included on October 18th's Council meeting agenda. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 7 PUBLIC COMMENTS: I. Mr. Frances J Kuhn 102 E Central Boulevard, re: sewer/garbage fees. Mr. Boucher stated that Mr. Kuhn had advised that he would be unable to attend the meeting and had asked that he be rescheduled for October 18, 1994. DISCUSSION: 1. Mr. Nicholas questioned the procedural matter on the Council minutes of September 26, 1994, as discussed earlier in the meeting. Mayor Salamone stated that Robert's Rules of Order provided that it was allowable to amend such a resolution as long as it was read in its entirety. Mr. Potter stated that the minutes were confusing in that the last vote (on the main motion) was redundant and he further explained the procedures. Mayor Salamone stated that procedurally the actions were correct, but that the second motion could have been eliminated. 2. Mr. Porter stated that he had enjoyed speaking with the citizenry of Cape Canaveral during the day's primary election. 3. Mr. Randels commented briefly on the fact that the residents within the unincorporated area of the County, Avon -by- the -Sea, were paying higher taxes than the residents within the City of Cape Canaveral. 4. Mr. Randels stated that Brevard County had initiated a Drop & Swap Program for the disposal of hazardous waste and he explained the benefits of the program. 5. Mr. Randels distributed press packets from a seminar he had attended entitled "Weathering the Storm" to members of Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8:18 P.M. Approved this 18th day of October , 1994. Y J C alamone, MAYOR ATTEST: Faith G. Miller, CITY LERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING October 18, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on October 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 Salamone. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Interim City Attorney City Clerk Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of October 4, 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of October 4, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS /PROCLAMATIONS: 1. Employee of the Quarter - Greg Mullins Mr. Boucher presented Mr. Greg Mullins, Maintenance Worker II of the City's Street Department, with the Employee of the Quarter award. Mr. Randels and Mayor Salamone congratulated Mr. Mullins for his accomplishments and his willingness to help out when needed on many City projects outside the normal scope of his duties. 2. Florida City Government Week - October 23 -29, 1994 Mayor Pro Tern Porter read the proclamation and presented it to Councilmember Rocky Randels for forwarding to the Florida League of Cities. 3. Library Expansion Project Update and Public Input presented by Brevard County, Mr. Bill Starmer, Stottler, Stagg & Associates, Inc., distributed a library project manual and schedule to each member of Council and staff. He stated that the schedule showed the design timeframe from August 1994 through the start of construction in February 1995, with completion scheduled for September 1995. He advised that a Program containing a thorough overview of the goals and objectives of the new library addition which was written by many players, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 2 including County staff and Library staff, would be available for public inspection at the library. Mr. Starmer proceeded to explain the details of the site plan concept and schematic design for the expansion to the Cape Canaveral Library as approved by the City Council several weeks earlier. Mr. Nicholas questioned the number of volumes of books to be provided and Mr. Starmer stated that the number of volumes included 16,000 volumes in the children's section, 4 -6,000 in the youth section, with an overall total volume of 75- 80,000. Ms. Kathy Stewart, Brevard County, stated that one -third of the volumes were checked out at any one time, therefore, although the library planned to have 80,000 volumes they were not planning to have shelving for 80,000 books. Mr. Starmer displayed schematic drawings for the site plan, floor plan, and elevations and described improvements to the entryways. Mrs. Anna Kelly, Library Board member, questioned the use of the Art in Public Places program in conjunction with the library expansion, and whether or not any decisions to use pieces of art or stained glass windows should be made in time to advise the architects before construction began. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that the County Commissioners had already reviewed the Art in Public Places Program and their direction had been that the County would incorporate the funds that it could to allow for the project within the design, such as opportunities to display artwork by adding lighting equipment or providing alcoves to display art. There were no dedicated funds to purchase paintings or pieces of sculpture. Mr. Starmer explained that there were several ways to incorporate art into the facility. He stated that within the lobby area there would be a large open corridor that could be utilized to display artwork. Mr. Bisley stated that the next step in the process would be to meet with the Art in Public Places committee to review the overall library expansion design to explore ideas for the inclusion of artwork in the library. The focus of the Commission had been to have a program for rotating artwork throughout the public facilities in Brevard County. Resident questioned the amount of additional space to be added to the library; Mr. Starmer stated that the addition encompassed 6,000 sq. ft. and the existing building was slightly less than 9,000 sq. ft. Mr. Starmer stated that another public meeting would be held in late November and the site plan documents would be available for public inspection at the library. After a ten- minute break, the meeting reconvened. NEW BUSINESS: Mayor Salamone rearranged the items under this portion of the agenda as needed. 2. Ordinance No 38 -94 Granting a Franchise to Time Warner Entertainment Company. L.P.. to construct overate and maintain a cable television system in the City. for first reading. Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON - EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVED; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Ordinance No. 38 -94 at first reading. Mr. Boucher stated that included in the agenda packet was the second revision to the franchise agreement, subsequently there had been changes presented by Time Warner that were included in the agenda packet as a separate document. He had come to a resolution with Time Warner on most of the outlined changes. He stated that there were three (3) issues that still needed to be decided including: 1) term of the agreement (10 or 15 years); 2) amount of the surety bond ($10,000 or $50,000); and 3) inclusion of the FCC standards in the agreement or incorporate some of the standards that were in the original draft of the agreement. Mayor Salamone supported a 15 -year agreement. Mr. Porter did not feel that a 15 -year agreement was necessary. Mr. Berger commented that ten (10) years may even be too long for the agreement. Mayor Salamone stated that since the agreement was non - exclusive and Time Warner would be spending significant funds in infrastructure and hardware it warranted a 15- year agreement. Mr. Nicholas agreed that 15 years was possibly too long. Ms. Diane Pickett, Time Warner, stated that Brevard County's franchise agreement with Time Warner was for 15 years and the other agreements with municipalities within the County were for 15 years as well. She stated that there were no limitations in the agreement against improved technology. She commented on the company's five -year plan to upgrade the system and Time Warner's track City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 4 record as a leader in the cable television industry. Mr. Boucher stated that Florida League of Cities had sent him three (3) examples of franchise agreements that had been negotiated after the 1992 cable legislation including Bellair Park (10 years), Gulfbreeze (8 years) and Pembrook Pines (10 years). He felt the agreements reflected the current trend for agreements of ten (10) years or less. He stated that the proposed agreement did not include any mandated upgrades to the system; any upgrades would be at the discretion of Time Warner. Mayor Salamone had asked for an opener clause in the contract for the amount of the franchise fees to allow the 3% franchise fee to be increased at a later date if needed. Ms. Pickett stated that the provision allowed for 90 days notice at any time during the length of the agreement to change the amount of the franchise fee. Ms. Pickett stated that the agreement was non - exclusive and the company hoped that there would be opportunities to bring other services into the City. She briefly explained the situation with the Titusville cable franchise which had been owned by TCI and Time Warner had taken over the franchise during a corporate trade. Mrs. Mary Winchester suggested allowing only a five (5) year agreement. Mr. Irving Krause questioned how many cable franchises operated within Cape Canaveral; Mayor Salamone answered that at present there was only one (1) cable company operating a franchise within Cape Canaveral. Mr. Frances Kuhn, 102 E. Central Boulevard, commented that he had recently moved from Titusville and he strongly favored the TCI cable system over the Time Warner system and he advocated a short franchise agreement. Mr. Boucher questioned if Council felt that a $10,000 surety bond offered the City adequate protection of its interests. He stated that the surety bond needed to protect against non - payment of franchise fees or removal of facilities within the public right -of -way. He stated that the trend for surety bonds in other agreements had been $50,000 - 100,000. There was further discussion regarding the amount of the surety bond. Mr. Porter stated that Council needed to negotiate the best deal possible for Cape Canaveral citizens and he supported a ten (10) year agreement. Mr. Nicholas mentioned the sewer franchise agreement with the Port which had appeared to be a good agreement at the time of negotiation and as time progressed, things had changed and the agreement was no longer as adequate as it had been originally and he also supported a ten (10) year agreement with Time Warner. Mayor Salamone stated that she would not agree to the contract that evening because it had not been presented to Council in final format. She questioned whether Council was satisfied with the FCC standards as written. Mayor Salamone was in full agreement of utilizing the FCC standards in the agreement rather than the performance standards that were included in the original draft agreement. Mr. Boucher stated that he had received an opinion from Florida City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 5 League of Cities (FLOC) on customer service standards and he distributed copies of the opinion to Council and Ms. Pickett. Mr. Randels stated that the opinion stated that FCC standards were minimum, not maximum standards. Ms. Pickett asserted that the FCC standards were very strict and quite thorough and her company did not have problems with customer service or quality standards. Mr. Berger commented that he had two (2) very unpleasant experiences with Time Warner which were related to customer service. Mr. Porter stated that the FLOC opinion showed that adoption of the FCC standards alone did not create an enforcement mechanism. He stated that the City could adopt the FCC guidelines, but it should also include a mechanism to enforce the guidelines. Discussion followed regarding the guidelines and the associated enforcement mechanisms. Mr. Nicholas questioned if the franchise agreement allowed the City the option to purchase the cable system. Mr. Boucher stated that only in the case that Time Warner did not renew the franchise agreement would the City have the option to purchase the system. Mr. Nicholas stated that the same option that had been in the old agreement should be included in the new franchise agreement. Ms. Pickett stated that the federal law regulated cable and that the franchise could be terminated only under specific federal guidelines. Mr. Boucher summarized the direction given by Council regarding the franchise agreement including: 1) Council concurred with a ten (10) year term of agreement; 2) Surety bond -Mr. Berger and Mr. Porter - $50,000 surety bond, Mayor Salamone - $10,000 surety bond; Ms. Pickett suggested that since the franchise fees were $33,000, that the bond be $30,000 - Council concurred with Ms. Pickett's suggestion; and 3) Inclusion of the FCC standards and Council wanted to further review the language suggested in the original draft agreement. Mr. Boucher stated that he had recommended that there be reporting requirements for customer standards including the availability to review three (3) years worth of complaint records. There was extensive discussion regarding the FCC standards, reporting requirements, settlement of disputes, and customer performance standards. Ms. Pickett explained Time Warner's complaint system and the computer process used by the company to change customer records, enter new records, and schedule service calls, etc. Mr. Randels gave several examples of other franchise agreements involving the City whereby the City received monthly activity reports of complaints /concerns. Ms. Pickett stated that only written complaints were kept on file and that there were no data printouts available of complaint records. She explained that Cable Data Services prepared all the bills for Time Warner customers. Mr. Porter stated that some technical advise was needed from Time Warner's data processing individuals regarding the availability of data relative to complaints. Mr. Tim Grady stated that there should be a way to access complaint data from Time Warner's computer system and he felt that the City should have access to the information which would prove beneficial to the City. Mayor Salamone spoke against the City managing the cable business and that the City should not be inundated with another business's problems. Mr. Nicholas asked that the City Manager pursue the matter further as he was interested in having access to complaint records to allow the City some ability to monitor the amount of complaints received. Mr. Boucher summarized that four (4) members of Council were looking for ways City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 6 to monitor the complaints for accountability purposes. Mr. Porter stated that the City received a 3% franchise fee and that the City should add some value to that money and ensure that the citizens were protected. Mrs. Mary Winchester commented on several service glitches she had encountered with Time Warner. Mr. Nicholas questioned if there were any provisions in the franchise agreement for legislative changes regarding the control or operation of cable television. Mr. Boucher commented that Section 25 dealt with re- regulation. Mr. Porter clarified that if the ordinance failed that evening, then the ordinance died; but if the ordinance was approved at first reading, it could be amended at the next workshop for second 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. 5. Resolution No 94 -55 SMorting the creation and mission of the Economic Development Commission of East Central Florida's Defense Support/Diversification Initiative Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING THE CREATING AND MISSION OF THE ECONOMIC DEVELOPMENT COMMISSION OF EAST CENTRAL FLORIDA'S DEFENSE SUPPORT /DIVERSIFICATION INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -55. Ms. Linda Weatherman, Executive Director of the Economic Development Commission (EDC) of East Central Florida, Inc., stated that the EDC was embarking on a new marketing program which emphasized industrial development and the existing industrial business base. She stated that the EDC was pursuing a Base Realignment & Closure Grant from the Florida Department of Commerce and the grant required resolutions from nearby communities. The grant would provide funding to enhance the economic development program. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 1. Ordinance No. 37 -94, Amending City Code of Ordinances. Chanter 2. Administration to provide for one (1) combined workshog and regular City Council meeting Mr month and to eliminate one (1) Cijy Council workshop meeting per month, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 2 -56, REGULAR MEETINGS SECTION 2 -58, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 7 WORKSHOP MEETINGS SECTION 2 -59, PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING SECTION 2 -60, PREPARATION AND NOTICE OF AGENDA SECTION 2 -62, PRESIDING OFFICER SECTION 2 -63, SERGEANT AT ARMS SECTION 2 -64, CALL TO ORDER: QUORUM: ROLL CALL SECTION 2 -65, MINUTES SECTION 2 -66, CONSIDERATION OF MATTERS BEFORE COUNCIL AND SECTION 2- 68, GENERAL DISCUSSION TO PROVIDE FOR ONE (1) COMBINED WORKSHOP AND REGULAR CITY COUNCIL MEETING PER MONTH AND TO ELIMINATE ONE (1) CITY COUNCIL WORKSHOP MEETING PER MONTH; 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. 37 -94 at first reading. Mr. Randels stated that out of the three (3) proposals presented, he favored Option No. 2 which allowed for one (1) workshop and one (1) regular meeting at the beginning of the month and one (1) combined workshop and regular meeting during the later part of the month. Mr. Nicholas questioned why any changes to the number of meetings was necessary and he felt that Council was limited in a constrained atmosphere during the combined meetings. Mayor Salamone stated that during workshop meetings Council had time to fully discuss an issue, go home and think it over, and come back ready to make a decision at the regular meeting. She felt it was in the citizen's best interests that Council have time to argue and disagree in one session and have time to think about the arguments before voting on issues. Mr. Nicholas advocated continuing with the two (2) workshop meetings per month. Mr. Berger felt that items could be staggered to allow for discussion at the beginning of the meeting. He stated that 62 meetings per year were too many. Mr. Nicholas commented that he went to all City Board meetings. Mr. Berger supported eliminating the workshop meetings as a way to eliminate repetitiveness. Mayor Salamone stated that the meetings were an important part of small City government and that citizens should have time to have a say in how the government operated. Mr. Berger stated that on the survey there was only one city which met more than Cape Canaveral and that was Cocoa Beach. Mr. Randels stated that the Cocoa Beach Commission had recently voted to eliminate workshop sessions. Mr. Berger expressed that Council and the City could run more efficiently than 62 meetings per year. He stated Councilmembers spent many hours of research time beyond the actual meeting time. Mr. Porter supported continuing on with the experiment of eliminating one (1) workshop meeting per month. Mr. Berger agreed with continuing with the experiment as well. Mr. Nicholas described items that disturbed him regarding the current method of operations such as time limits to bring up items at meetings when the meetings concluded at 10:00 p.m., and then if he held the items to the next meeting the next meeting may be canceled. Mr. Randels stated that he sometimes felt that Council rushed through the agenda and there was insufficient time to bring up personal items. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 8 Mr. Porter suggested starting the meetings at 6:30 p.m. to allow time to share ideas among Council or Mr. Berger suggested holding a one (1) hour workshop prior to the regular meeting. Mr. Nicholas stated that with the upcoming election there would be at least one (1) new individual on Council and he suggested that the issue be revisited after the election; Council concurred. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 3. Resolution No. 94 -53. Reappointing members to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Resolution No. 94 -53 reappointing Jacqueline Coates, O. "Whitey" Djuvstad and Bill Gleckner as regular members and Robert Murray as an alternate member. Ms. Miller advised that a revised Resolution No. 94 -53 and a suggested Resolution No. 94 -56 had been submitted to Council after preparation of the agenda packets due to Mr. Murray advising the Clerk's Office that he would like to be appointed as a regular member of the Board. Mr. Nicholas withdrew his motion and Mr. Porter withdrew his second to the motion. Mayor Salamone read the title of Resolution No. 94 -53. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Randels to adopt Resolution No. 94 -53 with Section 1 providing for the reappointment of Jacqueline Coates, O. "Whitey" Djuvstad and Bill Gleckner as regular members of the Beautification Board with terms to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -54. Authorizing the Mayor to enter into a Statewide Mutual Aid City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 9 Agreement for CatagLophic Disaster Response and Recov Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -54. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. City Manager's Report. Mr. Boucher stated that he had received a letter from Brevard County Commissioner Karen Andreas regarding the parking fees at Jetty Park which would remain at a fee of $1.00. 7. Monthly Activity Reports. No comments. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add on item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone read the title of Resolution No. 94 -56. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to adopt Resolution No. 94 -56 to appoint Robert Murray as a regular member of die Beautification Board with a term to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC COMMENTS: 1. Mr. Frances J. Kuhn, 102 E Central Boulevard, re: sewer /garbage fees. Mr. Frances Kuhn stated that he had recently purchased a condominium in Cape Canaveral and City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 10 he was seriously thinking of returning to Titusville or Merritt Island. He spoke against paying for services that he was not receiving such as vacant apartments being charged for sewer and garbage charges. He stated that the City had the opportunity to determine if apartments or buildings were vacant. Mr. Kuhn spoke at length regarding his concerns regarding City operations, specifically the sewer /garbage collection charges. He advised that he would be placing his property on the market for sale and moving out of the area. DISCUSSION: 1. Mr. Potter summarized the status of the City of Cape Canaveral vs. Royal Mansions lawsuit by explaining that there had been a hearing before Judge Evander earlier in October and Judge Evander found that the City ordinance which prohibited daily rentals was valid. Judge Evander also made a factual determination that the units in the past had been rented for periods of less than one (1) week. Mr. Potter felt that Judge Evander's rulings had significantly improved the City's position and the case had been noticed for trial shortly after the first of the year. 2. Mr. Nicholas commented that the City had received a notice of a recent Brevard County Commission meeting which included an item whereby several beachside communities were being classified with an urban County designation. He questioned the benefits of such a designation and whether or not the City should be interested in same. 3. Mr. Porter mentioned the benefits of debating issues publicly. ADJOURNMENT: There being no further business, the meeting adjourned at 9:12 P.M. Approved this 1st day of Nove fiber 1994. / CiL J Y "-c C. mone, MAYOR ATTEST: 6. �� 4th G. k Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING November 1, 1994 A Special Meeting of the Cape Canaveral City Council was held on November 1, 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 Interim Assistant City Attorney City Clerk PUBLIC HEARINGS: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present Patrick F. Healy Present Faith Miller Present 1. Discussion Re: the City of Cape Canaveral's Amended Wastewater Facilities Plan, Amended Capital Financing Plan. and Dedicated Revenue requirements. Mr. Boucher stated that Mr. Gary ReVoir, Hartman & Associates, would present an explanation of the City's Amended Wastewater Facilities Plan, Amended Capital Financing Plan, and Dedicated Revenue requirements for the wastewater /reuse project. Mr. Gary ReVoir, Hartman & Associates, stated that the information presented in the Facilities Plan was consistent with the City of Cape Canaveral's Comprehensive Plan. He stated that the Facilities Plan was developed to support the State Revolving Fund (SRF) loan application. He commented that in the preparation of the Plan, including the Capital Financing Plan, there were various documents used to support and develop the Plan (listed on References attachment). Mr. ReVoir proceeded to explain in detail each of the following items (also shown on overhead projector to the audience): • Cape Canaveral service area map showing entire City limits and the Port Canaveral area; • Existing Land Use acreages table and map, including developed and vacant acres; • Statistics: Climate - Moderate Soils - Good for development Beach soils - Not suitable for development Surface water - Banana River - Aquatic preserve Air quality - Generally good, except for periodic emissions from power plants in the area Plant & Animal Populations - WWTP will not significantly impact any endangered species City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 2 • Existing Process Flow Schematic - Existing facility is a 1.8 mgd secondary treatment facility with some partial nutrient removal capabilities; clarification, chlorination, and de- chlorination prior to a discharge into the Banana River; sludge holding and sand drying beds to dewater the sludge prior to hauling to the County landfill. • Annual Average Daily Flow Projections; • Indian River Lagoon Act, Chapter 90 -262, Laws of Florida - required owners of existing wastewater treatment facilities discharging into the Lagoon or its tributaries to: cease discharging or demonstrate the need for continued discharge by July 1, 1995, and investigate the feasibility of utilizing reclaimed water for beneficial purposes by July 1, 1992. • Population and Wastewater Flow Projections - included population projections up to the year 2013 (11,750) with a projected total anticipated flow capacity of 1.705 mgd. • Effluent disposal options - the original feasibility study submitted by Post, Buckley, Schuh & Jernigan had recommended a wetland treatment system; the City proceeded toward that wetland system until last year when the City was approached by the City of Cocoa Beach to provide reuse in a bulk quantity. The City went back and evaluated the cost effectiveness of the reuse which determined that the maximum reuse system was more cost effective. • Capital Cost Summary and Present Value Analysis of Reuse Alternatives; • Wastewater Treatment Options Analysis Summary of Nutrient Removal - the Five Stage Bardenpho nutrient removal process in combination with a maximum reuse system was the most cost effective treatment and effluent disposal alternative. • Effluent Parameters; • Wastewater Treatment Options Analysis Summary - included filtration and disinfection alternatives with continuous backwash filters and chlorination/de- chlorination being the most cost effective methods; • Sludge Treatment and Disposal Options Analysis Summary - evaluation of Class A and B sludge alternatives; dewater and dispose of sludge in County landfill being the most cost effective; City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 3 • Proposed Process Flow Schematic for the new wastewater treatment facility which included new pretreatment structures, screening, grit removal, new AWT nutrient removal facilities, chlorination and de- chlorination facilities for discharge to the river, filtration and high level chlorination for reuse applications. • Estimated Project Cost Wastewater Treatment Plant Facility Improvements - total cost including City contribution - $4,687,276 (included loan service fee, loan repayment reserve, capitalized interest estimate). • Estimated Project Cost Maximum Reuse System - total cost including City contribution - $4,995,748 (included loan service fee, loan repayment reserve, capitalized interest estimate). • Capital Financing Plan Summary - User fee increases required: 1995 - 0 %; 1996 - 24.8 %; 1997 - 2.98 %; 1998 - 0 %; 1999 - 0%; Average residential user charge/per month /customer - 1995 - $13.92; 1996 - $17.37; 1997 - $17.89; 1998 - $17.89; 1999 - $17.89. • Implementation Schedule - Plant to be built - 1995; plant on line - 1996; complete construction of reuse system - 2/2/96; begin SRF loan repayments - 2/97. • Wastewater System Facilities Plan Recommendations - implement the following cost - effective alternatives: 1) Upgrade the treatment facility to include a new pretreatment system, treatment system additions to achieve biological nutrient removal to AWT levels, new clarification systems, and new filtration system; 2) Select the sludge management alternative of providing dewatering prior to land filling; and 3) Construct reclaimed water supply, transmission and distribution system to provide 750,000 gpd of reclaimed water to the City of Cocoa Beach pursuant to the interlocal agreement and to maximize the use of the remaining reclaimed water produced at the Cape Canaveral W WTP within the City limits of the City of Cape Canaveral. Mr. Berger questioned data included on the annual average daily flow chart. Mr. ReVoir stated that the peak flow was in 1991 and the low flow rate was in 1993. Mr. Berger questioned if a 10% contingency in the construction operation costs would be reasonable to cover unanticipated expenses. Mr. ReVoir stated that the State funding was based on the 10% contingency. Mr. Berger commented that 10% was not a realistic amount with regard to the reuse system construction. Mr. ReVoir stated that the original estimated costs were based on City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 4 30% contingency, but conservative line item estimates were used along with the 10% contingency to be consistent with the State. Mr. Porter stated that Council needed to take a close look at phasing the construction of the reuse system considering the overall estimated cost of the construction of the total system. The public hearing was closed as there were no additional comments from the public. 2. Resolution No. 94 -57. Adopting the Amended Wastewater System Facilities Plan for the City of Cape Canaveral. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDED WASTEWATER SYSTEM FACILITIES PLAN FOR THE CITY OF CAPE CANAVERAL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -57. Mr. Boucher stated that Council would be adopting the City's Amended Wastewater Facilities Plan, Dedicated Revenue, and Capital Financing Plan which included maximum reuse. He stated that after the Plan was adopted it would be forwarded along with the meeting minutes to the State to reapply for total funding of the complete reuse system. Mr. Porter stated that the City could still decide to construct the reuse project in phases if necessary. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. ADJOURNMENT: There being no further business, the meeting adjourned at 6:58 P.M. Approved this 15th day of November 1994. Joy S one, MA OR ATTEST: Faith G. Miller, CITY CLERK ATTENDEES CITY COUNCIL SPECIAL MEETING NOVEMBER 1 1"4 Name Phone No. N t4l) 839 - 39 s5 (q& ?43 4?�2 / y c - 7 ?>4 - . lv7- 7 67-!� -P11 z_ 7L - <f 157 /17- -��� CITY COUNCIL REGULAR MEETING November 1, 1994 A Regular Meeting of the Cape Canaveral City Council was held on November 1, 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 Interim Assistant 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 Patrick Healy Present Faith Miller Present 1. Regular City Council Meeting of October 18 1994. Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council, Meeting of October 18, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 38 -94 Granting a Franchise to Time Warner Entertainment Company. L.P.. to construct, operate and maintain a cable television system in the City, for second and final readme. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON - EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVED; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 2 USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 38 -94 at second and final reading. Mr. Randels spoke briefly regarding several key points within the franchise agreement including the customer service standards which were above and beyond the FCC standards. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Motion Re: Ouarterlv budeet transfers. Motion by Mr. Randels, seconded by Mr. Porter to accept the quarterly budget transfers as presented for the quarter ending September 30, 1994. Mayor Salamone stated that Council really liked to see the $106,000 placed in contingency. Mr. Randels questioned the inclusion of 50% of the sick time and 100% of the vacation time accrued as an unfunded liability. Ms. Haggerty stated that the addition was the implementation of GASB 16 which required that the FICA tax liability and pension be included as unfunded liabilities, as well as the inclusion of sick and vacation time which was standard practice. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No. 94 -58. Appointing a regular member to the Zoning Board of Adjustment. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 3 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -58 for the appointment of Earl McMillin as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. 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 -59 Appointing a regular member to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -59 for the appointment of Russell W. Ward as a regular member of the Code Enforcement Board in the Citizen designation with a term to expire on October 1, 1997. Mr. Randels suggested that new Boardmember packets be hand delivered to new Boardmembers. Mr. Nicholas suggested that an orientation session be held for new Boardmembers as well. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. CC4 Manager's Report. Mr. Boucher reported that 83 children attended the Halloween party sponsored by the City's Recreation Department. Mr. Boucher stated that the Department of Revenue had reviewed the City's millage certification documents and determined that it meet the Truth in Millage (TRIM) Certification. Mr. Boucher announced that the Canaveral Port Authority passed a resolution opposing Cocoa Beach's resolution on the use of the Tourist Development (TDC) funds because the TDC had City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 4 earmarked 25% of their funds for beach renourishment in the future. Mr. Boucher stated that with regard to the State Revolving Loan (SRF) he had received word from the Department of Environmental Protection (DEP) that there had been a cut in their federal funding and that there were no funds available for the 1995 allocation. He had inquired as to what course of action could be taken by the City and DEP in Orlando stated that the City could receive a nine (9) month extension to the Indian River Lagoon Act that would extend the time limits to March 31, 1996. He stated that DEP in Tallahassee had advised that if the City was first in line for 1996 funds, the City could start drawing on the funds in October, 1995, which would allow six (6) months to construct the reuse system. Mr. ReVoir stated that the reuse system could be constructed within six (6) months. Mr. Boucher advised that Tallahassee had advised that the City should proceed with its public hearing, process the loan application and then by December the City would have an approved application ready for funding. He stated that he had been advised that it was not unusual for a funding, cycle to occur without at least one community forfeiting its allocation and if the City was ready on January 1, 1995, and another community forfeited their funds, then the City would have first right to the available funds. The City had scored 865 points for its project which made it the highest scored City requesting funds. Mr. Nicholas questioned if the City had to wait until 1996 to receive the funds would the interest rate be increased and Mr. Boucher responded affirmatively based on current market trends. There was discussion regarding the availability of sewer fund reserves. Mr. Boucher stated that DEP had advised that legislation had been passed that gave cities who were mandated by the Indian River Lagoon Act priority over other cities for the SRL funds. He stated that currently the two million dollars left available in SRL funds was being distributed to three (3) communities for planning purposes. Mr. Nicholas recommended that the City approach the Brevard County Legislative Delegation for assistance. Mr. Boucher reiterated that DEP would give the City a 9 -month extension and Mr. Porter stated that the time would allow the City to complete a comprehensive survey of the City to determine who would be willing to pay for and hook up to reuse water. DISCUSSION: 1. Mr. Berger questioned the status of the reconstruction of Lift Station No. 1. Mr. Boucher advised that the Public Works Director felt it would be beneficial to wait until the beginning of 1995 to re -bid the project. 2. Mr. Berger commended Mr. Revoir for an excellent job in preparation of the Amended Wastewater Facilities Plan. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 5 3. Mr. Nicholas referenced the notice of intent to sue with regard to the road collapse on West Central Avenue and questioned whether the City had notified its insurance company. Mr. Boucher responded that the insurance carrier had been notified and that the insurance company would be notifying the attorney that the City had no liability due to the road collapse being caused by the City of Cocoa's water main break. 4. Mr. Nicholas questioned how rapidly the City was progressing with rehabilitation of the sewer lines. Mr. Boucher stated that Mr. Gluskin was waiting for the County's bid process to be complete because he wished to piggy -back off the County's bid. ADJOURNMENT: There being no further business, the meeting adjourned at 7:28 P.M. Approved this 15th day of November C. $Alamone, MAYOR ATTEST: G Faith G. Miller, CITY CLERK P� Ai CITY COUNCIL SPECIAL MEETING November 11, 1994 A Special Meeting of the Cape Canaveral City Council was held on November 11, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:00 P.M. by Councilmember Rocky Randels. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Acting Deputy City Clerk Joy Salamone Absent John Porter Absent Arthur Berger Absent Leo Nicholas Absent Rocky Randels Present Bennett Boucher Absent Susan Stills Present BUSINESS: 1. Resolution No 94-60. Certifying results of General Election held on November 8. 1994. Mr. Randels stated that since a quorum was not present that this item be tabled and placed on the regular scheduled meeting agenda of Tuesday, November 15, 1994. ADJOURNMENT There being no further business, the meeting adjourned at 5:03 P.M. Approved thin 6 day of December 1994. Z _ John K. Porter, MAYOR ATTEST: Faith G. Miller, CITY CLERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING November 15, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on November 15, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:03 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim 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 William Potter Present Faith Miller Present 1. Special and Regular City Council Meetings of November 1. 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Special and Regular City Council Meetings of November 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. NEW BUSINESS: 1. Resolution No. 94 -60. Certifying the Results of the General Election (November 8. 1994). Mayor Salamone read the title of the Resolution and the results of the Mayoral race and the three (3) referendum questions. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 8, 1994; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -60. 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 Pro Tem Porter, on behalf of the City Council, City administration and the citizens, presented Mayor Joy C. Salamone with a plaque in recognition of her six (6) years as Mayor. He stated that the City owed Mayor Salamone a large debt of gratitude for all efforts on behalf of the City. Mayor Salamone stated that she felt she was leaving the City in great hands, but it was also a sad time for her. She said she would miss the contact with all the constituents, City Boardmembers, City staff, and all the others she had come to know over her years as Mayor. She stated that she had a great deal of respect for all of the individuals she had served with over City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 2 the past six (6) years for all of their time and energy spent on behalf of the City. 2. Oath of Office for new Mayor. Mr. William Potter, Interim City Attorney, gave the Oath of Office to newly elected Mayor John Porter. Mr. Porter proceeded to his seat as Mayor of the City of Cape Canaveral. Mayor Porter introduced Mrs. Helen Filkins, President of the Cape Canaveral Citizens Association. Mrs. Filkins presented Mrs. Salamone with a bouquet of roses in appreciation for all of her time and efforts as Mayor over the past six (6) years. Mayor Porter stated that he was proud to be the City's new Mayor and he thanked all of his supporters and family for their support during his campaign. He stated that he would work diligently during the next three (3) years to secure the trust and faith of the individuals who had not felt that they could support him during his campaign for Mayor. He stated that he would strive to make the City's administration an administration which worked together to make things happen. He spoke briefly of his future plans for the City and commended each of the members of the City Council, the City Manager, City Attorney and City Clerk for their attributes and contributions to the City. Mayor Porter concluded by stating that the City had a fantastic team of employees and the City would be working hard toward making many positive things happen for the City. 3. Resolution No. 94 -61. electing Mayor Pro Tem. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Berger to adopt Resolution No. 94 -61 with the addition of the name of Rocky Randels as Mayor Pro Tem in Section 1. Mr. Berger agreed wholeheartedly with the appointment of Mr. Randels as Mayor Pro Tem. Mr. Randels stated that he would be honored to serve. Motion carried with members voting as follows: Mayor Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -62, approving the final plat of Park Villas Phase II. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "PARK VILLAS, PHASE II "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -62. Mr. Randels City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 3 spoke in favor of the Resolution. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 5. Discussion & Motion Re: Authorization to submit COPS FAST grant application to the U.S. Department of Justice. Mr. Boucher stated that the City had received a grant application from the U.S. Department of Justice to obtain funding for up to 75% of wages and benefits for new police officers for the City and he recommended that Council approve submittal of the grant application. Motion by Mr. Nicholas, seconded by Mr. Randels to authorize the City Manager to file the application for a COPS FAST grant from the U.S. Department of Justice. Mr. Randels spoke in favor of the application. Mayor Porter stated that the citizens had recently passed an increase in the police millage and if the grant application was approved and funding was provided by the federal government then immense pressure would be taken off the need of increasing the millage as passed by the citizens. He stated that if the City was successful in securing the grant 75 % of the cost of hiring and maintaining two (2) additional police officers would be paid for three (3) years by the federal government. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 6. Discussion & Motion Re: Authorization to enter into a 1994 SBA Tree Planting Program Grant Agreement. Mr. Boucher stated that he recommended that Council authorize the City Manager to enter into the agreement with the State of Florida, Department of Agricultural & Consumer Services, for the 1994 SBA Tree Planting Program Grant. He stated that Council had included the matching funds of $26,164 in the FY 94/95 budget for a total project cost of $56,328. Motion by Mr. Nicholas, seconded by Mr. Berger to authorize the City Manager to enter into the 1994 SBA Tree Planting Program Grant Agreement. Mr. Randels stated that the City would be planting 250 trees along the presidential streets within the City beginning at Washington Avenue and progressing south. Mayor Porter stated that the grant was another example of the benefits of utilizing grant monies for City projects. He stated that the trees to be planted would be indigenous to the area and would be shade trees. Mrs. Ann Thurm stressed the importance of maintenance of the trees. Mayor Porter stated that under the SBA grant application, the City must commit to a three (3) year maintenance program of watering, fertilizing, pruning and general maintenance. He stated that the City would maintain the trees as required. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 7. Monthlv Activitv Reports. Mr. Nicholas asked if Council could receive additional information from the Fire Chief relative to the false alarms reflected on the monthly report. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 4 8. Citv Manaeer's Rep Mr. Boucher stated that he spoken to the Canaveral Port Authority officials and he questioned the status of the sand bypass project. He stated that the bid would be awarded that week and the low bidder submitted a bid of $4.1 million, the Army Corps of Engineers had estimated $4.3 million, and the Port expected to issue a Notice to Proceed within 30 days. The Port hoped to have the project in line within the first two (2) weeks of January, 1995. Mr. Boucher stated that the City had inquired with the Sheriff's Department the possibility of implementing a "Citizens on Patrol Program" and the Sheriff's Department had evaluated a similar program in West Palm Beach and had determined that Cape Canaveral would serve as a pilot area for the program beginning within the next two (2) months. Mayor Porter briefly described the community policing program. Mr. Boucher stated that Michael Gluskin, Public Works Director, had found a DEP Grant application for reuse projects and he had submitted the pre - application form the previous week. Mr. Boucher stated that he would be on vacation the following week DISCUSSION: 1. Mr. Nicholas stated that the City should be very grateful for the sand that had been placed on the beaches earlier in the year since Tropical Storm Gordon had eroded so much of the sand during the past week. He stated that the sand had served as a buffer and he suggested sending a letter of thanks to the Port Authority. 2. Mr. Nicholas questioned if the City knew the status of the Internal Improvement Fund land. Mr. Boucher had not received any recent input. Mr. Randels stated that transfer of the land was in the final stages and should be completed within the next two (2) weeks, he stated that the mitigation projects were presently being completed. ADJOURNMENT: There being no further business, the meeting adjourned at 7:30 P.M. Approved this 6th day of December 1994 L John K. Porter, MAYOR ATTES with G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING December 6, 1994 A Regular Meeting of the Cape Canaveral City Council was held on December 6, 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 Porter. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember City Manager Interim City Attorney City Clerk PRESENTATIONS: John Porter Present Rocky Randels Present Arthur Berger Present Leo Nicholas Present Bennett Boucher Present William Potter Present Faith Miller Present 1. Presentation by Warren A Wright Chief Environmental Public Affairs. Department of the Air Force re: Restoration Advisory Board. Colonel Randy Bunner, Patrick Air Force Base (PAFB) Civil Engineer /Squadron Commander, representing General Robert S. Dickman, Commander of the 45th Space Wing, explained the new Restoration Advisory Board (RAB) program. The Board would be an integral part of ongoing environmental clean-up activity at PAFB and Cape Canaveral Air Force Station. He stated that members of the RAB would provide input to the clean -up processes by reviewing documentation on the individual clean-up sites that were being studied. He stated that he was seeking the City's assistance in soliciting volunteers from Cape Canaveral to become members of the RAB. Colonel Bunner stated that past practices of the Departments of Defense, Interior, and Energy had clearly polluted federal installations for many years and their main goal was to restore all of the federal installations to safe conditions and clean up any contaminated environmental sites. Colonel Bunner stated that their goals included: 1) identification of all historic sites where contamination existed; 2) determination of the extent and type of contamination at the sites and assessment of the risk to human health and environment; and 3) implementation of all actions to move or reduce the risks to human health and environment in compliance with all state and federal statutes and regulations. Warren Wright, Chief, Environmental Public Affairs, stated that the Department of Defense had committed millions of dollars to clean-up bases across the U.S. Mr. Wright further explained the specifics of the Restoration Advisory Board (RAB). He stated that individuals that were interested in Base activities and what was being done to clean-up past deficiencies were invited to volunteer for the RAB. The RAB was designed to provide a forum for discussion and public input regarding the clean -up activities. It was estimated that members of the RAB would spend approximately 30 days a year dealing with Board activities. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 2 Mr. Wright stated that interested individuals' applications would be reviewed by a Selection Committee. The Committee would be made up of members of the 45th Space Wing, along with State regulatory agency representatives that oversee Base activities and members of the community and would be chaired jointly by a member of the community elected by the members of the RAB and a senior official of the 45th Space Wing. It was anticipated that the RAB would consist of 25 -30 members and the term of office on the Board would be set by the RAB members. Mr. Wright responded to questions from Council. He stated that he had left several RAB applications with the City Clerk for distribution to interested parties and that he would be starting a press campaign to publicize the RAB information after the holidays. ADOPTION OF MINUTES: 1. Special Ciiy Council Meeting of November 11. 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of November 11, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 2. Combined Workshop & Regular City Council Meeting of November 15, 1994. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop & Regular City Council Meeting of November 15, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Resolution No 94 -64 Electing a Successor Council Person to serve until the November 1995 Municipal Election. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NOVEMBER 1995 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Berger to appoint Buzz Petsos as a Council Member to serve until the General Election scheduled for November 7, 1995. Mr. Nicholas stated that there were two (2) individuals who had expressed interest in the position, Buzz Petsos and Helen Filkins. He stated that both individuals were very well qualified and he mentioned the experience and qualifications of both. Mr. Nicholas stated that he felt it would be in the City's best interests to select Mrs. Filkins to fill the Council vacancy. He also stated that if Mr. Petsos City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 3 was selected, the City would not suffer and he thanked both applicants for taking an interest in the City. Mr. Berger and Mr. Randels also felt that both individuals were well qualified. Mayor Porter commented that the City was very lucky to have two (2) such well qualified candidates. He stated that Mr. Petsos had come forward during the most recent election to qualify as a candidate for the Council member position that was now to be appointed. Mayor Porter agreed with Mrs. Filkins and Council that there was no doubt that the City must maintain the beaches commercial- building free. Mr. Nicholas stated that two (2) seats would be open in the November 1995 election and that Mrs. Filkins had also run for a seat on the City Council in the past. Mrs. Paula Collins, resident of Ocean Woods, explained that Mrs. Filkins was a dedicated public servant and also President of the Cape Canaveral Citizens Association. She stated that Mrs. Filkins knew the history of the City and that she would be a "guardian" over the City's best interests. Motion carried with members voting as follows: Mayor Porter For Mayor Pro Tem Randels For Councilmember Berger For Councilmember Nicholas Against 2. Oath of Office for new Councilmember. Mr. William Potter, Interim City Attorney, gave the Oath of Office to newly appointed Arthur "Buzz" Petsos. Mr. Petsos proceeded to his seat as a Council Member of the City of Cape Canaveral. After a ten- minute break, the meeting was reconvened. 3. Resolution No 94 -65 Authorizing the 013E to enter into a Legal Services Contract with Amari Theriac & Eisenmenger. P.A., by and through Kohn Bennett. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A LEGAL SERVICE CONTRACT WITH THE LAW FIRM OF AMARI, THERIAC & EISENMENGER, P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 4 Motion by Mr. Randels, seconded by Mr. Berger to approve Resolution No. 94 -65 authorizing entering into the legal services contract on an hourly basis. Mayor Porter stated that in the case of zoning challenges that the City would look to an outside law firm to handle any such challenge and he hoped that the City should seriously consider utilizing the firm of Potter, McClelland, Marks & Healy, P.A. Mr. Nicholas clarified that the hourly contract was for $70.00 per hour for normal services and $90.00 per hour for litigation activities. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 4. Resolution No 94 -63 Reappointing members to the Construction Board of Adjustment & Appeals. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -63. Mr. Berger questioned whether or not Donald Haynes was still actively building or holding an occupational license in the City. Motion by Mayor Porter, seconded by Mr. Nicholas to table the item until clarification was obtained. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Resolution No 94 -66 Appointing an alternate member to the Library Board Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter to adopt Resolution No. 94 -66 to appoint Rosann Gallagher as an alternate member of the Library Board. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 6. Resolution No 94 -67 Appointing an alternate member to the Planning & Zoning Board. Mayor Porter announced that Mr. Petsos had submitted a letter which stated that he resigned City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 5 from the Planning & Zoning Board effective December 6, 1994, which allowed Council to fill the regular member vacancy promptly. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Randels to adopt Resolution No. 94 -67 appointing R. Lamar Russell as a regular member and John H. Fredrickson as an alternate member of the Planning and Zoning Board. Mayor Porter spoke in favor of both appointments and the experience and backgrounds of the appointees. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 7. Resolution No 94 -68 Appointing a regular member to the Recreation Board. Mayor Porter read the title of the Resolution A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Petsos to adopt Resolution No. 94 -68 for the appointment of Bob Gorham as a regular member of the Recreation Board. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 8. Resolution No 94 -69 Appointing alternate members to the Zoning Board of Adjustment. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) ALTERNATE MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter to adopt Resolution No. 94 -69 appointing Marilyn A. Rigerman as the First Alternate and Joan Calvert as the Second Alternate to the Zoning Board of Adjustment. Mr. Nicholas stated that he had a conflict of interest and would not be voting on the matter. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 6 Motion carried with members voting as follows: Mayor Porter For Mayor Pro Tem Randels For Councilmember Berger For Councilmember Nicholas Abstained Councilmember Petsos For Mr. Potter stated that the only requirement for the Construction Board of Adjustment and Appeals was that the Board be composed of individuals with knowledge and experience in the technical codes such as design professionals, contractors or building industry representatives. There was no requirement that the members be residents or maintain a business within the City. Motion by Mr. Nicholas, seconded by Mr. Berger to remove Resolution No. 94 -63 from the table. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Motion carried on the original motion for Resolution No. 94 -63 with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 9. Motion Re: Annual Christmas bonuses. Motion by Mr. Randels, seconded by Mr. Berger to approve the Christmas bonuses for City employees for a total expenditure of $4,857.57 ($2,530.97 - general fund; $2,326.59 - sewer fund). Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 10. Motion Re: Approval of cooperative purchases. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the cooperative purchases as requested by the Public Works Director. Mr. Nicholas suggested that in the future that this type of item be prepared as a resolution that would list each of the items. Mayor Porter read into the record the recommended cooperative purchases: Requisition No. Vendor #2595 Western Waste Industries #2600 Brevard County Solid Waste #2573 C & S Chemicals #2599 Aramark Services Amoun Materials Purchased $ 5,980 Hauling of sludge 23,010 Sludge disposal fees 15,456 WWTP chemicals 5,087.60 Employee uniforms City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 7 #2806 Glover Nisbits Oil Company 36,000 Unleaded gas Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 11. City Manager's Report. Mr. Boucher stated that Council had received a memo regarding the possibility of an add -on item, Resolution No. 94 -70, re: opposing mandated functional reclassification of roadways. He stated that he had spoken to Susan Hann, MPO Staff Director, who had indicated that no roadways within the City of Cape Canaveral would be affected by the program, but she would appreciate the City's support in adopting the Resolution. Motion by Mr. Berger, seconded by Mr. Nicholas for an add -on item. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; OPPOSING MANDATED FUNCTIONAL RECLASSIFICATION, OPPOSING MANDATED PRIORITIZATIONFOR EXPENDITURE OF STATE HIGHWAY FUNDS AND SUPPORTING TRANSFERS BY MUTUAL CONSENT; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to approve Resolution No. 94 -70. Mr. Nicholas stated that a State mandate changed Central and Ridgewood Avenues from City to County streets. Mr. Randels gave a brief summary of the criteria for State roads. Mr. Nicholas stated that he would like Central and Ridgewood Avenues back under City control and he questioned what the City could do to regain control of these roads. Mr. Boucher stated that the County was responsible for maintaining Central and Ridgewood Avenues. He stated that zoning and everything else regarding the streets was still the responsibility of the City. Mr. Nicholas stated that the County's control affected speed limits set on the streets, and the construction of sidewalks /bikepaths along the affected streets as well. Mayor Porter stated that the possibility of regaining control of Central and Ridgewood Avenues may be discussion for a subsequent workshop. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mr. Boucher distributed copies of the revenues and appropriations from the County's impact fee program and the County had agreed to set aside $93,691 for improvements to North Atlantic. He stated that the County wished to work with the City and staff to identify viable projects along City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 8 North Atlantic. He stated that impact fees could not be used for maintenance, but could be used to enhance infrastructure, i.e. sidewalks, turn lanes, etc. Mayor Porter stated that it would be worth exploring the possibility of obtaining matching fund grants for construction of bikepaths. Council concurred to further discuss the use of these funds after City staff had met further with County staff regarding the impact fees. Mr. Boucher stated that the City of Cocoa had provided information relative to a "Pilot Billing Program" for direct billing of the sewer customers within the Port. He stated that any administrative cost per customer for this billing service would be passed along to the customers. Mr. Randels spoke in favor of the billing proposal as the City had no mechanism or ability to collect sewer delinquencies from Port customers. Council concurred to initiate the Pilot Billing Program along with the associated administrative costs involved. Mr. Boucher distributed copies to Council of a draft City Goals & Action Plan that he had prepared. Mr. Boucher reported that the Brevard Legislative Delegation would be meeting on December 20, 1994, January 18, 1995 and February 3, 1995 and he questioned whether Council had any items which it wanted presented to the Delegation. Mr. Boucher stated that Mr. Nicholas had questioned a County agenda item relative to endorsement of a comprehensive street lighting safety study and he had spoken to Sue Hann regarding same. He advised that the County was reviewing the areas where night time accidents were occurring to identify needed lighting improvements. Mr. Boucher stated that he had spoken to Ed Anderson, Florida Power & Light (FPL), regarding City concerns with lighting along AlA and Mr. Anderson had driven on AlA one evening and had counted 55 lights out along AlA from the south limits of Cocoa Beach to the north limits of Cape Canaveral. Mr. Anderson would further investigate the reasons for the excessive amount of street lights out and pursue replacement of same. Mr. Nicholas mentioned that Jim McKight, City Manager of Rockledge, had been able to receive a credit from FPL due to a number of lights within Rockledge being in need of replacement. Mr. Boucher stated that Todd Peetz, Brevard County Planner, had logged in a total of 33.5 hours through November 28, 1994, on City related work. Mr. Boucher reported that Hartman & Associates would not be ready on the final design of the whole City on the reuse project until late February 1995. The bid on the wastewater plant modification and the first phase of the reuse project would be advertised and let out until the end of January, 1995. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 9 DISCUSSION: I. Mr. Berger questioned if Mr. Boucher had ranked the engineering firms who had responded to the City's request for proposals. Council had previously discussed "short listing" the list of 13 firms to five (5) firms who would in turn be scheduled for presentations before Council. 2. Mr. Petsos thanked Council for its support and he looked forward to working as a member of the City Council. 3. Mr. Randels stated that his goals were handwritten and he would have it typed and given out to the remainder of Council. 4. Mr. Randels stated that the following day a seminar on Economic Opportunities would be held at the Radisson Resort. 5. Mr. Randels stated that he had been selected to attend a 3 -day Advanced Institute for Elected Officials in Tallahassee. 6. Mayor Porter stated that he had previously discussed with Council the idea of Council members going out to condo /homeowner /other association meetings once every three (3) months, which would provide a total of four (4) meetings with constituents per year for each member of Council. Mr. Berger stated that he had requested a list of the number of meetings involved and Ms. Miller advised that her office was working on such a list. Discussion followed regarding the Mayor's suggestion. Mr. Berger, Mr. Petsos, and Mr. Randels expressed their interest in pursuing such meetings with area associations. 7. Mayor Porter reported on discussions that were held during a recent Local Government Cooperative Committee meeting. He stated that it had been discussed that all four (4) entities should band together to pursue road improvements through the MPO. He stated that there was quite a push to reclassify TDC monies back to beach renourishment, beach related activities and promoting tourism throughout Brevard County. Mrs. Ann Thurm commented that the TDC money had been earmarked for the County's part of the government study being completed by the Corps of Engineers. Mr. Randels stated that Mrs. Thurm was a member of the Erosion Control Advisory Board. Mayor Porter thanked Mr. Berger for his submittal of draft goals and he asked that the remaining Council members submit their draft goals as well. He advocated that the Council come together to find a common direction in order for the City to move forward. Mr. Randels stated that he served on the County's Beach Improvement Fund Board and the Board had approximately $69,000 of funds that were earmarked for beach related projects. Council was in favor of pursuing the TDC funds for planting erosion control plants or extending City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 10 dune crossovers once the sand was received. Mayor Porter stated that he hoped to include discussion of the City's Goals and Action Plan after all of Council member's goals were included on one overall draft, on the next Council meeting scheduled for December 20, 1994. Council concurred. ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 P.M. Approved this 20th day of December , 1994. K. Porter, MAYOR ATT . 4 with G. Miller, CITY CLIRK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.A' - NAME IIRS'I'NAME-- MIDDLENAME NAME OF BOARD. COUNCIL. COMM ISSION, All "t IIORI "r Y. OR COMM III'LE iG �L/� L• v c , G%} L /'bC�^/�t c �T G o : ry {c 14 MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION, AUTHORI UY OR COMMI'1 - 1 LE ON _ � �� x S WHICH I SERVE IS A UNIT OF. �� & CITY D COUNTY O OTHER LOCAL AGENCY CITY COUNTY NAMEOFPOI.ITICALSUIIUIVISIOON: 41 - C;� �;Y 3 � �'�%� •'/��- . °'/�`�" �� o !J ' 1. ,/I'c'- f�ITIL'�J j DATE ON W11 VOTE OCCURRED /.)= % .7 MY POS ION IS: � b-fLEnIVE APPOINTIVE <' O WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions On this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special lax districts elected on a one -acre, one -vote basis arc not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, law, son -in -law, and daughter -in -law, A "business associate" mean s enterprise with the officer as a partner, joint venturer, coowner of corporation arc not listed on any national or regional stock exchange). mother, son, daughter, husband, wife, father -in -law, mother -in- any person or entity engaged in or carrying on a business properly, or corporate shareholder (where the shares of the ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MELTING AT WHICH T ' VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form,in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM aR- 10 -91 PAGE I CITY COUNCIL WORKSHOP AND REGULAR MEETING December 20, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on December 20, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:02 P.M. by Mayor Porter. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk John Porter Present Rocky Randels Present Arthur Berger Absent Leo Nicholas Present Buzz Petsos Present Bennett Boucher Absent Kohn Bennett Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of December 6. 1994 Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of December 6, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; eetmeilmember BM , For; 3,ti r Councilmember Nicholas For; Councilmember Petsos, For. ? "" �Y K NEW BUSINESS: 1. Interview of prospective Board members. Mr. Kohn Bennett, City Attorney, directed questions to the following individuals who were interested in appointments to City Boards: Donna Boone, Tony Hernandez, III, and Nancy Young. Mayor Porter directed the City Clerk to prepare two (2) resolutions for the next Council meeting, one to appoint Ms. Boone and Mr. Hernandez as alternate members of the Code Enforcement Board and one to appoint Mrs. Young as an alternate member of the Beautification Board. 2. Resolution No 94 -71 Reappointing a regular member to the Construction Board of Adjustment and Appeals. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BV DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in;the measure before participating: • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minus,• of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, _ G' C'. /� ✓Cif cr �/ J hereby disclose that on ') L C 6 , 19 GL : (a) A measure came or will come before my agency which (check one) — inured to my special private gain; — inured to the special gain of my business inured to the special gain of my relative, — inured to the special gain of whom I am retained; or //- yAl A/ inured to the special gain of is the parent organisation or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 7 Z-- r'G "/V c v-- z�- Date Filed Signature . , by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. lC PUKM ED - 1"I PAGE 2 City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 2 Motion by Mr. Randels, seconded by Mr. Petsos to approve Resolution No. 94 -71 for the reappointment of Walter Bowman to the Construction Board of Adjustment and Appeals with a term to expire on December 15, 1996. Motion carried with members voting as follows: 'p wr: Le cLt Mayor Porter, For; Mayor Pro Tem Randels, For; , For; Councilmember Nicholas, For; Councilmember Petsos, For. w. 3. Discussion & Motion Re: Short list of consultant engineering firms who responded to RFP No 94 -06 and scheduling of consultant presentations before City Council. Mayor Porter stated that each Council member had been asked to list five (5) top choices from the 13 firms who submitted proposals for consultant engineering services. He stated that the City Manager, Building Official and the Public Works Director had each submitted their top five (5) choices as well. He suggested that staff's recommendations also be considered when selecting the top five (5) choices. Mayor Porter asked the City Clerk to tabulate Council and staff's top five (5) choices while Council moved on to the next agenda item. 4. Discussion Re: City Goals Action Plan and Mission Statement. Mayor Porter stated that he hoped to accomplish an agreement among Council for the items included on the City Goals and Action Plan and then hand the Plan to the City staff to determine timelines, whether or not there where expenses associated with implementation of each item, the potential return on any investments, and impacts/benefits of new or enhanced services. He hoped to get an agreement in principal that evening and then turn the Plan over to staff to complete proposed timelines, amount of funds involved, and the return on each investment to enable Council to decide whether or not to carry out a particular program. Mayor Porter suggested reviewing each item included in the Plan. He further explained to the audience that the action items included in the Plan were a compilation of the following: items from each member of Council and the City Manager; items identified during citizen participation process of a special Council meeting held on 3/31/94; suggestions for items for potential grant funding submitted by department heads in early 1994; and communications /City image suggestions submitted by City Clerk. The Plan was divided into seven (7) themes including: 1) City Enhancement & Beautification; 2) Planning /Economic Development/Redevelopment; 3) Public Safety; 4) Infrastructure; 5) Parks & Recreation /Culture; 6) Communications /City Image; and 7) Grant Writing /Volunteer Programs. There was general discussion regarding the potential for burying of utility lines, the large quantity of vacant office buildings within the City, and the possible need for additional code enforcement activities. Mrs. Martha Seymour presented a petition signed by residents of East Central Blvd. to the City Clerk for distribution to the City Council which requested that the Council do something to improve their neighborhood and to see "all partially constructed projects finished within a timely City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 3 fashion, absolutely, no later than one year from now. The situation has devalued our property and the City has let this go on for too long." Mrs. Seymour stated that they had approached 19 of their neighbors and of the 19, 17 signed the petition. Mayor Porter stated that Goal No. 1.3 of the Action Plan provided for "code enforcement activities throughout City on a proactive and cooperative basis, rather than reactive" and No. 1.3g which read "consider passage of an ordinance to limit the amount of time buildings can be under construction without substantial progress". Mayor Porter stated that he had received numerous complaints regarding the same situation during his recent election campaign. Council concurred that the buildings needed to be finished. Mayor Porter asked, with Council's permission, for the City Attorney to work with staff to develop an ordinance to require substantial completion of building projects within a certain time frame. He stated that the ordinance was not intended to impact an individual who was building their own primary residence. He also asked that Mrs. Seymour be contacted when the matter was placed on an upcoming Council agenda. Mr. Tom Quinn stated that when some of the permits were originally pulled the SBCCI Code read differently than it presently did and prior Codes may have only allowed building permits to be effective for one (1) year. Mayor Porter stated that the proposed ordinance would need to take into consideration all future building or be adopted on a retroactive basis. He asked that the matter be scheduled as a workshop item for the Council meeting scheduled for January 12, 1995. Mayor Porter stated that the ordinance was not to address any particular properties, but was to used on a City -wide basis. Discussion continued regarding the City Goals and Action Plan beginning with Theme No. 1 City Enhancement and Beautification as follows: l.la - Mayor Porter addressed his concept of "regreening Cape Canaveral" through the use of volunteers and his overall plan for a volunteer coordinator to establish a volunteer database based on input received from residents on volunteer application forms; item to be given to Beautification Board for development for residential areas and Commercial Development Board for commercial areas. l.lb -c No change. 1.ld Mr. Nicholas stated that he would like to see the City construct a bicycle path along Astronaut Boulevard to continue the bikepaths within the City to tie in with the bicycle path at the Port which would then provide a loop which would run up North Atlantic, around the Port, and back down again. He stated that the City needed to present the bikepath plans to the MPO to obtain their permission and potential funding for the additional bikepaths. 1. le - Research availability of funds through Brevard County MPO for the enhancement/upgrading of AIA. l.lf - To be addressed by Beautification Board. Mayor Porter spoke regarding a possible program whereby plants would be planted in residents' yards City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 4 to be maintained by the residents and the plants would be purchased through the City at a wholesale rate. He stated that the City would be in a leadership role to motivate people to plants trees and bushes in their yards to enhance their property. 1. lg - Council asked that the Public Works Department research and report back on the feasibility of a City nursery. Mr. Nicholas referenced a subscription to a market bulletin he received from the State of Florida which listed used nursery equipment for sale. L lh - Mayor Porter suggested that possibly the Port could incorporate landscaping into its interchange project and the entrance to the City and the City could possibly in turn supply reuse water for the project. Council asked that Mayor Porter discuss the idea of reuse water in exchange for heavy planting /landscaping at the next Local Government Cooperative committee meeting. Mr. Nicholas proposed that on the west side of AIA, where the IITF property was located, that the City allocate funds to place a new entrance sign on the subject property. There was general discussion regarding whether or not providing street sweeping services four (4) times per year was adequate. Council asked the Streets Division to address the problem and provide feedback to Council. Mr. Randels suggested scheduling one section of the City Goals and Action Plan for each subsequent Council workshop to allow further discussion and exchange of ideas. Mayor Porter felt that the Council needed to provide direction to staff, the volunteer boards, and the community as a whole in order to move forward quickly while there was momentum. 3. Discussion & Motion Re: Short list of consultant engineering firms who responded to RFP No 94 -06 and scheduling of consultant presentations before City Council (Continued)_ Ms. Miller reported the tabulations of the short list of consultant engineering firms as follows: Based on Council & Staff's recommendations: AJT & Associates, Inc. Allen Engineering, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Stottler Stagg & Associates, Inc. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 5 Based on Council only recommendations: AJT & Associates, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Pan American Design Services, Inc. Stottler Stagg & Associates, Inc. Mayor Porter stated that he was prepared to proceed with the aggregate total recommendations including staff's input. Mr. Nicholas stated that Pan American was one of his choices and he explained his reasons for same. Motion by Mr. Randels, seconded by Mr. Nicholas to include the following six (6) firms in the short list of engineering firms to be interviewed by Council: AJT & Associates, Inc. Allen Engineering, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Pan American Design Services, Inc. Stottler Stagg & Associates, Inc. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels,, For; Gouneilmembef Bffger, FeF Councilmember Nicholas, For; Councilmember Randels, For. x Council concurred to schedule a special Council workshop meeting for Saturday, January 14, 1995, at 9:00 a.m. and to allocate 15 minutes for each presentation, 10 minutes for questions of each firm, and 5 minutes in between presentations. 5. Discussion Re: Quarterly meetings with constituents Mayor Porter suggested that each Council member try to attend one condo association meeting and report back to Council on whether or not they wished to continue meeting on a regularly scheduled quarterly basis with the condo /homeowners associations throughout the City. He asked that the City Clerk's office begin scheduling Council members' attendance at the subject meetings on the basis of each Council member attending one meeting every three (3) months beginning in January 1995. Council asked that the list contain only associations which actually meet in Cape Canaveral and contain Cape Canaveral residents. Mayor Porter also mentioned that several condo associations were not included on the list and the list would be revised as needed. Mr. Randels stated that he had three (3) meetings scheduled in January with condo associations to explain the sand transfer project which would be beginning in January as well. Mayor Porter City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 6 stated that he had asked Ms. Miller to provide a written notice to all the affected homeowners along the beachfront due to the heavy equipment involved and the noise and lights 24 hours a day during the extent of the project. 6. Monthly Activity Reports. No comments. 4. Discussion Re: City Goals, Action Plan and Mission Statement. Discussion continued regarding the Action Plan: 1.lj - No change. l.lk - There was general discussion regarding the feasibility of burying power lines. Mr. Randels expressed that possibly there was an option available to the City when the reuse lines were run to Cocoa Beach and the trenches were dug that then would be an appropriate time to go ahead and bury the power lines. Mayor Porter stated that FPL had suggested that PVC pipe be laid all along the trench for the reuse lines for future use to bury power lines. He advocated studying the feasibility of laying the PVC pipe as soon as possible. Mr. Nicholas asked that the City Manager send a letter to FPL advising them that the City wished to obtain technical inputs, etc. regarding the feasibility of burying the lines and laying the PVC pipe and ask for a written response. Mayor Porter asked that the City Clerk add the action items as discussed by Council to the City Goals and Action Plan document. He also stated that Council would want to see timelines and return on investments for the action items as well. 1.2a - Gazebos and shelters along beach ends - Council concurred to delete this item. 1.2b - Ongoing project. 1.2c -d Mayor Porter asked that City staff put together a request to the TDC's Beach Improvement Committee for funds to extend beach crossovers out to where the new beach will be will the addition of the sand from the sand transfer plant and revegetation of the dunes. Mr. Randels stated that the Port had also obtain federal funds for the renourishment and replanting of the beach dunes as well. Theme No, 5. Parks & Recreation /Culture 5.1a - Recreation Dept. /Grant writer currently working on this item. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 7 5. lb - Mayor Porter referenced his idea for establishing a volunteer database. 5.1c - No change. 5.1d - Obtain input from Public Works Director regarding the potential for a manatee education /observation area with a riverside boardwalk in the vicinity of the wastewater treatment plant. 5. le - Mayor Porter spoke in favor of providing programs to address the needs of young adults ages 12 -17. Mrs. Nancy Hanson, Recreation Director, stated that she was looking into the potential for a drop -in youth center with morning activities for seniors. Mayor Porter stated that the City should look into the purchase of the United Agencies building (Master Plan concept) to be used for either City Hall expansion and /or drop -in youth center, volunteer program /grant writer offices, etc. He stated that federal or private foundation funds may be available for crime prevention and youth programs. Mayor Porter stated that Mr. Nicholas may be interested in researching the Master Plan concept for City facilities. 5.1f - No change. 5.1g - Mayor Porter suggested ways to include Cape Canaveral children in Cocoa Beach programs such as use of their olympic -size swimming pool. There was discussion regarding other partnership possibilities for recreation programs. 5.lh - Item being addressed FRDAP grant. 5.li - No change. Mayor Porter stated that the City Attorney may not need to remain through the remainder of the meeting during Council's discussion of its goals. Mr. Bennett stated that he felt it was time to start doing workshops with each of the City Boards relative to land planning issues, procedures, etc. He stated that he planned to attend a Board of Adjustment meeting prior to scheduling workshops with the City Boards. Mrs. Marilyn Rigerman stated that she had attended a seminar at BCC whereby participants had watched a video presentation regarding role playing of special exception and variance hearings and she had asked that the City purchase the video. She stated that she had asked the Board of Adjustment secretary, Susan Chapman, to make arrangements to procure the video for the City. Mr. Petsos stated that Mr. Bennett had sent the Planning & Zoning Board the Attorney General's reading of the Snyder and Jennings cases (Brevard County had requested an interpretation from the Attorney General) and he asked that Mr. Bennett interpret the Attorney General's opinion. Mr. Bennett left the meeting at this time. 5.1j -k No change. 5.11 - Change "evaluate the need for a community center /gymnasium" to a heading with items 5.le -f as sub - headings. 5.1m - Mayor Porter stated that the item also applied to the Communications City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page S theme as well. 5.ln - No change. There was general discussion regarding marketing strategies and communications ideas including locator maps and welcome books. Mrs. Hanson stated that Council may wish to include an item relative to researching the potential for a neighborhood community park on the east side of AIA near the north end of the City and Council concurred. Council continued discussion under Theme No. 1. City Enhancement and Beautificati on 1.3a -e No changes. 1.3f Mr. Petsos stated that review of the City's sign ordinance was the next project for the Planning & Zoning Board. Mr. Randels stated that the ordinance was on the books, but was not being enforced. Mayor Porter advocated working together with the business community to promote compliance with the City's sign ordinance and he suggested inviting all individuals with non - complying signs to an evening meeting to discuss ways to bring their signs into compliance. Mr. Nicholas stated that Council needed a definitive list of violations. Mayor Porter expressed that as a group, Council and business owners, could work together to resolve the sign issue. Mr. Nicholas also asked that Code Enforcement go out and take photographs of the signs and provide a written account of the extent of each violation. Mayor Porter supported approaching the business community and explaining why the City was promoting sign compliance as an overall means of cleaning -up and improving the City's appearance. 1.3g - This item was discussed earlier in the meeting. 1.4a -b No changes. 1.4c - Architectural Review Board Ad Hoc Committee to recommend to Council the formation of an Architectural Review Board. The Architectural Review Board in conjunction with the Beautification Board and the Commercial Development Board would work together to develop a City theme. 1.4d - No change. 1.4e - Separate this item into two (2) separate items - "Research annexation possibilities for Avon -by -the -Sea area" and "Aggressively seek County /City partnership for clean -up of Avon -by- the -Sea area ". 1.4f - Delete item. Theme No. 2. Planning /Economic Develom ent/Redevelopment 2.1a -c No changes. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 9 2.ld - Mr. Nicholas agreed to research whether or not the owner of the United Agencies facilities was even interested in selling his property. 2. le - Address this item through the Comprehensive Plan update process through the Local Planning Agency. 2.1f - No changes. 2.lg - Delete item. 2.lh - No changes. 2.2a - Address through Commercial Development Board and Communications theme. 2.2b - Commercial Development Board. 2.2c - Commercial Development Board. Mayor Porter spoke briefly regarding the use of interns, volunteers as business liaisons to visit and provide information packets to area businesses, and the Small Business and Industry Council for an incubation center to serve as a resource center to small businesses. 2.2d -f No changes. Mayor Porter suggested that Council may want to assign areas of interest based on the themes included in the City Goals and Action Plan. Theme No. 3_ Public Safety I la -b No changes. 3.1c - Mayor Porter explained that this item was meant to address more police visibility through the use of bicycle /walking patrols. 3.1d -e No changes. 3.1f - Community policing programs through the use of citizen volunteers. 3. lg - Council advocated more proactive, higher visibility of police through the use of bicycle and walking patrols. Mayor Porter stated that Councilmember Petsos appeared to be very interested in the public safety concerns and he may want this area to be his area of interest. 3.1h -i No changes. 3.1j - Mr. Petsos stated that if citizens called the after hours police number it was not answered. He stated that the outside phone by the Sheriff's department and signs along the beach ends listed the after hours phone number to call for a non- emergency. He felt that the calls needed to be forwarded to the central dispatch number or answered through some other type of system. Mayor Porter stated that the deputies could possibly use cellular phones to handle non - emergency calls. 3.lk -o No changes. Council concurred to address Council members' areas of interest at the next Council workshop City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 10 meeting scheduled for January 12, 1995. Theme No. 4. Infrastructure 4.1a -d No changes. 4.1e -g Mr. Randels would like to see the City's budgeting process include appropriated amounts in each years' budget to fund future capital purchases. Mayor Porter suggested looking at long -term capital purchases when placing funds into reserves and earmark the funds for specific future purchases. Mr. Nicholas stated that the City could take any surplus funds, carry the funds forward and allocate the funds for specific future purchases. Mr. Randels suggested that funds be allocated from the current year's budget to also fund future purchases. Mayor Porter asked that these items be addressed during the upcoming budget process for the FY 95/96 budget. There was general discussion regarding allowing City departments to carry over excess funds if the department were able to come in below budget to fund capital purchases for the following year. Discussion continued regarding ways to encourage departments to save funds. 4.lh -k No changes. 4.2a -f No changes. Theme No. 6. Communications /City Image and Theme No. 7 Grant Writing /Volunteer Pro rg ams Mayor Porter stated that most of the items included in these themes would not cost money, but if there was an expenditure that was not in line with the budget then it would be presented to Council as a whole. He felt that the City needed an overall Communications Plan which could be prepared by the City Clerk's office. Mayor Porter asked if Council members had any concerns /problems with any of the items included in the last two themes and none were noted. Mayor Porter stated that he would like to be the first contact person for media questions or information and if a particular subject was under another Council member's area of interest that the specific Council member be the point of contact for any media related items on that subject. DISCUSSION: 1. Ms. Miller advised that Bid No. 94 -07, Tower Boulevard Paving and Drainage had been opened that day and three (3) responses were received. Staff would review same and the matter would be scheduled for January 3rd's combined Council meeting. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 11 2. Ms. Miller stated that the wastewater treatment plant was supposed to have been bid that week, but as part of the State Revolving Loan agreement it was required that the City submit the bid specifications to FDEP for approval prior to advertising the bid. The bid would probably not be advertised until later in January, 1995. 3. Ms. Miller mentioned that the following statement This meeting may include the attendance of one (1) or more members of the Cape Canaveral City Council who may or may not participate in Board discussions held at this public meeting" would be added to all City Board meeting agendas which was recommended by an Attorney General's opinion (AGO 91- 95). 4. Mrs. Rigerman stated that Council was well aware from the election results that the referendum on nepotism had overwhelmingly passed and she was glad to be back as an alternate member of the Board of Adjustment. 5. Mr. Petsos stated that the sand bypass project would be operating on a 24 -hour a day basis and he felt that something should be put in the local newspapers regarding the project. Mayor Porter stated that he had given the matter to Ms. Miller earlier that day and Mr. Randels would be attending various condo association meetings to provide information relative to the project as well. 6. Mr. Petsos stated that he would be sending Council a copy of House Bill No. 5 entitled "Citizens Access to Public Officials" and he suggested that the City prepare a resolution to support this legislation. Council asked that this item be included on the next meeting agenda. 7. Mr. Nicholas mentioned that some of the nameplates for Board members were of a smaller typeset and size and he asked that the nameplates be replaced to provide consistency in size, etc. ADJOURNMENT: There being no further business, the meeting adjourned at 10:58 P.M. Approved this 3rd day of January , 1994. Rocky Randels, MAYOR PRO TEM ATTEST: � - ��— Z Faith G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING July 5, 1994 A Regular Meeting of the Cape Canaveral City Council was held on July 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 Salamone. ROLL CALL: Mayor Mayor Pro Tern 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 City Council Meeting of June 21 1994 Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of June 21, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PROCLAMATION AND PRESENTATIONS 1. Rockwell: The Moon and Beyond Day - July 20, 1994. Mayor Salamone read the proclamation and as the representative from Rockwell was unable to be present at the meeting, the proclamation would be forwarded to Rockwell the next day. 2. 1994 Summer Beautification Awards Residential Mr. Gary Meier Multi- Family Cape Shores Commercial Zachary's Family Restaurant Mrs. Jacqueline Coates, Awards Chairman for the Beautification Board, presented the 1994 Summer Beautification Awards to the following individuals: Mr. Gary Meier - Residential award; Cape Shores - Mary Hickey, Condominium President, Netty DeJohn, Ilene & Roland City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 2 Fuller, Al Krug - Multi- Family award; and Deana & Zachary Ligerakis, Zachary's Family Restaurant - Commercial award. PUBLIC HEARINGS 1. Ordinance No 25 -94 Amending City's Code of Ordinances Chapter 70 Taxation by revealing and reenacting Article III Occupational License Tax for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 70, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY REPEALING IN ITS ENTIRETY, ARTICLE III, OCCUPATIONAL LICENSE TAX ADOPTING A NEW ARTICLE; ESTABLISHING A NEW FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 25 -94 at first reading. Mr. Kancilia reviewed the changes made to the ordinance since the workshop meeting held the previous week. Mr. Randels explained that the occupational license fee revision was mandated by the State and it was done entirely by the business community and that the Equity Study Commission's purpose /goal was to make the license fees fair and equitable for all. He spoke in reference to the new "dwellings for rent" category and questioned how City staff would monitor or determine which condominiums were rented more than three (3) times or more on a short-term basis. Ms. Deborah Haggerty, City Treasurer, explained the various methods that would be used to identify these type of rental units. Mayor Salamone stated that the identifying factor which stated "other dwellings rented or advertised for rent" would make it easier to determine such rental units. Mr. Michael Barnett, Sea Ventures of Cape Canaveral, stated that his business was a non - profit, marine research corporation and he addressed several questions to Council regarding which fees would be applicable to his business. Mr. Kancilia advised that if Mr. Barnett's business qualified as a non - profit, 501(C)(3) corporation and if each unrelated trade or business conducted by Mr. Barnett's organization was used in the furtherance of charitable activity, then he would be exempt from payment of occupational license fees. Mr. Arthur "Bud" Burns, Cape Storage, spoke against the proposed fees for mini storage complexes at $25.00 plus $2.00 per unit. He stated that he felt that he would be paying the highest fees within the City based on his 194 units. He commented that his business only City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 3 employed one (1) individual, yet his fees were based on number of rental units. He further expressed that the per unit cost was unfair and expounded on his reasons for same. Discussion followed regarding the per unit charge and the equity issue. Mayor Salamone asked that members of the Equity Study Commission attend the second reading and public hearing of the ordinance to explain the reasoning behind the per unit charge included under the Dwellings for Rent category. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 21 -94, Amending City's Code of Ordinances Creating Section 38-3. Fire Inspectors designated as City Code Enforcement Inspectors to enforce Fire Safety Codes for first readin g Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING SECTION 38 -3, FIRE INSPECTORS DESIGNATED AS CITY CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 21 -94 at first reading. Mr. Kancilia stated that the City firefighters who were appointed by the City Fire Chief as fire inspectors would also be empowered as code enforcement inspectors only for the purpose of enforcing fire safety codes. 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. Ordinance No. 22 -94. Amending City's Code of Ordinances to enact provisions to minimize fire hazards within the City for first reading_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 4 PROVIDING AN INSPECTION FEE FOR THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 22 -94 at first reading. Mr. Porter stated that he was concerned about enforcement problems associated with the proposed ordinance. There was further discussion regarding inspection fees applicable to residential units /usages. Motion by Mr. Nicholas, seconded by Mr. Porter to table Ordinance No. 22 -94. 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. Discussion & Motion Re: Ordinance No 23-94. Amending City's Code of Ordinances Chapter 2. Admmistratton, by establishing a Code Enforcement Board pursuant to Chapter 162, . Florida Statutes for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and the oversight by Municipal Code in including the previous ordinance related to the same subject in the recodification process. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Discussion & Motion Re: Ordinance No 24 -94 Amending City's Code of Ordinances Article III. Service Rates Deoosits and Billing Procedures of Chapter 78 Utilities for first City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 5 readine. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES, DEPOSITS AND BILLING PROCEDURES OF CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -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. 6. Discussion & Motion Re: Ordinance No 26 -94 Scheduling a Referendum Election for the puroose of presenting an ad valorem tax not to exceed 1.0 mil for police protection for first readine. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels stated he felt that the proposed ordinance was premature since Council had not seen the proposed budget for FY 94/95. Mayor Salamone stated that Council had said that it wanted to take a look at a possible millage increase as it went through the budget process, but Council had not received the budget for the next fiscal year. Mr. Kancilia explained the time constraints involved with scheduling a referendum election, either at the general election scheduled for November or a special election. Mayor Salamone stated that she had not expected to see such an ordinance until August when Council had received the proposed budget for FY 94/95. There was further discussion regarding whether or not the proposed ordinance should be discussed City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 6 prior to Council's receipt of the budget. Motion by Mayor Salamone, seconded by Mr. Nicholas to table the item. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 7. Discussion & Motion Re: Ordinance No 27 -94 Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services for first readine Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Nicholas to table the Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 8. Discussion & Motion Re: Ordinance No 28 -94 Amending City's Code of Ordinances to provide for the preservation of trees with a diameter at breast height (dbh) of over three (3) inches, for first reading- Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 7 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 -567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREAS SECTION 34 -122, PUBLIC NUISANCE PROHIBITED, SECTION 102 -36, DEFINITIONS SECTION 102 -39, PENALTIES AND SECTION 102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 28 -94 at first reading. Mayor Salamone questioned if this ordinance changed all of the preservation of trees references to a diameter at breast height (dbh) of over three (3) inches. She asked that the word "and" be included in front of each reference to "Section" in the caption of the ordinance. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Discussion & Motion Re: Resolution No 94 -30 Authorizing the City's application for a State Revolving Fund Loan Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING APPLICATION FOR A STATE REVOLVING FUND LOAN, PROVIDING ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREEMENT, AND ESTABLISHING AUTHORITY TO UNDERTAKE THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -30. Mr. Boucher stated that Council may wish to change Section 3 to authorize the City Manager rather than the Mayor to provide the assurances and commitments required by the loan application. After discussion, Council concurred to leave the resolution as written. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For, 10. Discussion & Motion Re: Resolution No 94 -31 Expressing =osition to casino type gambling in the State of Florida Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 8 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; EXPRESSING OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -31. Mayor Salamone stated that there appeared to be an even scale of people who wanted and did not want casino gambling. Mr. Berger stated that the gambling should be confined to designated areas. Mr. Nicholas commented that gambling had been legal at one time in Florida and that it had a very negative impact on the State. Mr. Porter stated he was not in favor of allowing casino gambling in Florida. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For 11. Resolution No 94 -32 Appointing a regular 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 REGULAR MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -32 appointing Alice M. Nielsen as a regular member of the Commercial Development Board. Mr. Porter spoke in favor of appointing Ms. Nielsen to the Board. 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. Discussion Re: Proposed Personnel Rule & Regulations Mr. Randels proposed adding the item as an ordinance to the next Council agenda. He stated that he had previously spoken against giving annual /sick leave to part -time employees and he added that he also had concerns regarding some of the sick leave provisions. Council concurred City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 9 to agenda the item as an ordinance at the next regular Council meeting. 13. Discussion Re: Government Economic Coalition findings. Mr. Porter stated that the Coalition had come up with a mission statement and priorities. He advised that the reason for the Coalition was to allow the fifteen (15) municipalities in Brevard County to work together to determine a cohesive plan to attain and increase value -added jobs. He recommended that copies of the Coalition's priorities be given to the Commercial Development Board for their input. Mr. Porter agreed to attend the next Commercial Development Board meeting to explain the Economic Coalition's findings. There was general discussion regarding impact fees imposed on new construction. 14. Discussion Re: Possibility of recommending Council salary increase. Mr. Kancilia advised that Council's annual compensation could be changed by an ordinance, not by referendum. Mr. Berger explained his reasons for supporting a salary increase rather than increased allowances for expenses (travel, per diem, etc.). There was discussion regarding travel expenses vs. salary increases. Mayor Salamone felt that Council salaries should be doubled. She recommended that the City Attorney write an ordinance to increase Council salaries for the next Council meeting. 15. City Manager's Report. Mr. Boucher stated that Council had received a request from County Commissioner Sue Schmitt regarding a letter of support to keep the 301st Squadron at Patrick Air Force Base. Council concurred to have such a letter sent to the appropriate parties. Mr. Boucher distributed copies of a complaint report from Western Waste to each member of Council. Mr. Boucher distributed copies of the ad written by Joyce Hicks of the Commercial Development Board that would be included in the next Port Journal. Mr. Boucher dispersed information relative to which municipalities had received money from the County for fireworks. Mr. Boucher stated that the County had installed a pedestrian signal at the intersection of Central Boulevard and North Atlantic Avenue and the County would also be reviewing other ways to improve the bikepath on the west side of North Atlantic. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 10 Mr. Boucher advised that the Senior Community Service Employment Program (SCSEP) was sending an individual, Bill Ednis, to assist the City in grant writing and commercial development areas. Mr. Boucher stated that there was a summary judgement hearing scheduled for September 6, 1994, in the Royal Mansions case. DISCUSSION: 1. Mr. Kancilia advised that the Council could designate itself as the Local Planning Agency (LPA) in order to review the Comprehensive Plan or it could designate Council and the Planning and Zoning Board as the LPA. He explained the organizational and logistical problems involved in designating Council and Planning & Zoning Boardmembers as the LPA. He advised that a compromise solution would be to appoint one (1) or two (2) members of Council to the LPA along with the Planning & Zoning Board which would somewhat minimize the impracticalities of appointing the entire Council to the LPA. Mayor Salamone asked two (2) members of Council to volunteer to serve on the LPA. Mr. Nicholas and Mr. Randels agreed to serve on the LPA and Mr. Kancilia would prepare an ordinance for the next Council meeting to appoint said members to the LPA. Mayor Salamone also recommended that Lamar Russell be notified as to the days and times of the LPA meetings. 2. Mr. Nicholas stated that he was concerned about the library expansion and asked that the Council be brought into the loop of approval as far the expansion was concerned. Mayor Salamone asked that Mr. Boucher contact the County to ask that Council be included in the loop of the library expansion process. Mr. Nicholas commented that the County had applied for a CDBG grant to supplement the cost of the library expansion. 3. Mr. Porter asked that if Council received any information relative to available grants that the information be forwarded to the part -time grant writer. 4. Mr. Randels stated that Keep Brevard Beautiful had a $1,600 grant available. 5. Mr. Randels referenced the article in The Tribune regarding the use of Timbrex (recycled materials) for dune crossovers. 6. Mr. Randels questioned if the City would be having a 24 -hour per day, 7 -day a week wastewater treatment plant and Mr. Boucher responded that the matter was not final because a permit had not been received as of yet. City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 11 7. Mr. Randels advised that he would be attending a SCAT meeting the next day regarding transportation issues. 8. Mr. Randels commented that he felt the City newsletter was unbiased, very factual and well done. 9. Mr. Randels mentioned that Council was receiving monthly reports from Dyer, Riddle, Mills & Precourt and he appreciated same. 10. Mr. Randels stated that the next Space Coast League of Cities meeting was scheduled for Monday, July 11th. 11. Mr. Randels questioned the status of Tower Boulevard improvements. Mr. Boucher stated that the bid documents were prepared and would be sent out by the end of the week. Mr. Randels stated that he would like to encourage the developer to pave the section of road leading up to his development after the road was stabilized. Mr. Boucher stated that the roadway from the sewer plant to Cape Sierra would be stabilized (east -west portion). Mayor Salamone stated that she had agreed to stabilizing 300', not the entire roadway length. She asked for copies of the minutes which reflected what Council's intent had been for the stabilization of Tower Boulevard. 12. Mr. Randels commented that Mr. Abe, Central Supply, had a concern regarding an off premise sign. He asked that staff determine the original intent of the five -year compliance clause included in the sign ordinance. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 P.M. Approved this 19th day of July 1994. John K. Porter, Mayor Pro Tan ATTEST: Faith G. Miller CITY LERK CITY COUNCIL WORKSHOP AND REGULAR MEETING July 19, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on July 19, 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 Absent 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 City Clerk Faith Miller Present Motion by Mr. Nicholas, seconded by Mr. Randels for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Nicholas, seconded by Mr. Porter that the add -on item be entitled discussion re: movement of cement trucks through Harbor Heights for construction. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher advised that Benko Construction, contractor for the Ocean Oaks project, had requested a temporary limited access through Harbor Heights for delivery of cement trucks to finish pourings for the entranceways to the project. He had received a letter from Benko Construction outlining the conditions of the request which included a guarantee of safety, cleaning up after the cement trucks, and making any repairs to the roadway if needed after completion of the cement pourings. He introduced Mr. Gary Downing as the Ocean Oaks' Project Superintendent. Mr. Downing stated that the project was nearing completion and the crews were completing the site work (pouring concrete driveways, curbs, etc.). He explained that the main access to the site would be cut off in order to place the necessary concrete and that such construction had always been included within the project's scope. He stated that every attempt would be made to reroute the traffic and that there may be three (3) concrete pours on a large scale on 2 -3 days. He reiterated that Benko Construction was willing to do anything necessary to ensure the safety of the residents as well as maintaining the conditions of the road. Mr. Randels expressed his concerns regarding the possibility of damage to the roadways, safety related problems, extra traffic, and general annoyance to the neighborhood. He stated that at a minimum he wanted to have the subject streets videotaped prior to and after any construction traffic through Harbor Heights to determine the current roadway conditions and the extent of any damage afterwards. He questioned if the trucks could be routed in from Central Avenue; Mr. Downing explained that there was a point at which there would be no alternative but to bring the trucks in from the north to pour concrete for the main drives. Mr. Downing stated that his company intended to replace any shrubbery or roadway damaged during the transport of the concrete. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 2 Mr. Nicholas advised that he found it hard to believe that the project could not have been planned differently to eliminate the need for the northern access. He further expounded on his reasons for not supporting the use of Harbor Heights streets for the requested construction traffic. Mr. Boucher described the layout of the subject property and the proposed construction traffic route. Mr. Morgan stated that in his research he had been unable to locate anything in the City's Code or the technical codes that would limit or prevent temporary construction access for a construction site. He stated that there was an ordinance on the books that reiterated the requirement that the developer fix any damage incurred to City roads caused by the construction traffic. He commented that Ocean Woods was a private right -of -way, whereas Harbor Heights roadways were public right -of -ways. He advised that a courtesy letter advising the residents of the construction traffic had been sent to all residents of the area. There was further discussion regarding other possibilities for achieving the construction access required without traversing through Harbor Heights. The following residents of the Harbor Heights area expressed their concerns against allowing the construction traffic through their subdivision: Mr. Goldberg, Sue Hagan, and Fred Distashio. Mr. Hans Saurenmann suggested using an alternative route near the post office off of Eberwein Road. Mr. Ray McGee stated that the roadways within Harbor Heights were built prior to the existence of the City and that potentially the roads could not handle a project of this magnitude with potential truck loads of 75,000 lbs. Mrs. Martha Seymour commented that the trucks that had been traversing Central Boulevard for the sand transfer project and the subject construction project were traveling in excess of the posted speed limits. Mr. Randels suggested scheduling a meeting with several of the concerned citizens, the construction manager and City staff to review the situation further. He also encouraged the Building Official to research additional solutions. Mr. Lamar Russell questioned if there was any intent on behalf of the City to extend Ridgewood Boulevard. He commented on the Villages of Seaport and Ocean Woods' projects and the private ownership of the roads within both developments. He stated that there were several problems related to Harbor Drive including no sidewalks and safety concerns from traffic from the Circle K and the Mexican cafe across from the entrance to Harbor Heights. Mr. Russell recommended that the Council request that the Planning & Zoning Board include in the traffic element of the City's Comprehensive Plan to extend Ridgewood only when it could be extended the full length all the way to Jetty Park, and not allow extensions on a piece meal basis. Mr. Leonard Focarelli stated that the Ridgewood Avenue extension was in the capital funding portion of the adopted 1988 Comprehensive Plan. He questioned whether or not there was any possibility of pumping or craning the concrete into the Ocean Oaks site. Mr. Downing explained the limits placed on such means of transporting the concrete. Mr. Nicholas expressed his opinion that possibly the project was designed inaccurately to have created such problems with construction access. Mr. Porter expressed his wish that the City had identified this potential problem at an earlier date and he advocated the need to look for other solutions to the immediate problem. Mr. Downing suggested that the City meet with Mr. Jack Bennett, Project Manager, who had designed the project. Mr. Randels volunteered to meet with City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 3 the citizens, City staff and Mr. Bennett to ascertain an alternative means of access to the construction site. Mr. Boucher expressed his concerns regarding the possibility of removing oak trees to gain access to the property which would in turn potentially alienate the Ocean Woods' homeowners. There was discussion regarding whether or not the City had jurisdiction over the subject roadways. Mr. Nicholas stated that he wanted the City to pursue doing whatever was necessary to stop the truck traffic through Harbor Heights. Discussion followed concerning the possible need for an emergency ordinance to eliminate truck traffic on residential streets within the City. Mr. Porter stated that the City needed to research an alternative way into the property without going through Harbor Heights and without destroying trees. He suggested that staff, Mr. Randels and concerned citizens meet with Mr. Bennett to seek an agreeable solution within the next week. Council concurred to schedule the matter for further discussion at the next Council workshop meeting. After a ten- minute break, the meeting was reconvened. NEW BUSINESS: 4. Discussion Re: The unfinished buildings in the 200 Block of East Central Boulevard. Mr. Randels explained that he had requested that this item be placed on the agenda for discussion. He stated that he did live on the same street as the buildings in question. He advised that Dr. Pindziak had assured him that work was continuing on the buildings in question and the buildings would be completed as Dr. Pindziak could get to them. Mr. Randels stated that he had received numerous complaints regarding the subject unfinished buildings. He referenced ordinances from two (2) other cities which addressed unfinished buildings. Dr. Charles Pindziak stated that he was the only owner with ongoing construction at 200 Central Boulevard and he felt that the matter was a personal issue on the part of Mr. Randels. He explained that he had invested in the subject properties and had continued work at all times on the properties. Dr. Pindziak commented that Mr. Randels' main concern appeared to be the painting of 285 & 295 Central Boulevard. He advised that the buildings were stuccoed in gray with water sealer; if the buildings were painted gray, they would resemble the stucco appearance. Dr. Pindziak did not feel that he had broken any City ordinances. Mrs. Martha Seymour commented that the buildings had been uncompleted for at least seven (7) years. Mr. Porter stated that different complaints regarding the buildings had been expressed to him several times as well. Dr. Pindziak remarked against excessive government intervention. Mr. Saurenmann questioned why Council did not write a new ordinance to address unfinished buildings and to allow builders a set time to complete the buildings. Ms. Vicki Fischer, Central Blvd., questioned why the City continued to grant permits for multiple buildings /projects that were not finished. Ms. Carol Wells, Central Blvd., stated that she had observed one slab for a driveway poured, six months later another slab was poured, and so on. She commented that City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 4 the construction was progressing at a very slow pace. Dr. Pindziak stated that he wanted to supervise all of the work himself and he was limited by other demands on his time. Mrs. Seymour explained that she was concerned with beautification needs throughout the City and that it bothered her that one project was not finished prior to starting another project. She encouraged the City to do something about unfinished buildings. Mr. Dick Benson, Central Blvd., spoke against the unfinished buildings and the potential for devaluation of surrounding properties and he also encouraged Council to enact legislation to allow one (1) year for completion of construction. Mr. Porter questioned if there was a tax advantage to unimproved property vs. improved /constructed property. Mr. Kancilia explained some of the tax issues involved. Mr. Porter expressed his personal feeling that the properties were unsightly. Mr. Berger stated that it was not only a question of finishing projects, but a question of aesthetics /cosmetics and that maybe the City was not taking the right approach to the matter. He stated that if the properties in question had sidewalks installed, trees planted, walls painted, etc., the surrounding residents would not be concerned with whether or not the construction was finished on the inside. Mr. Nicholas suggested scheduling the item for further discussion at the next workshop meeting. There was further discussion regarding unfinished buildings and aesthetics /cosmetics issues of the subject property. Ms. Vicki Fisher stated that when her home was under construction there were some delays and several times City staffinembers questioned her regarding when the home would be completed. Mrs. Martha Seymour commented on another location next to the Straw Hat Club which only contained a concrete slab and fence. Mr. Porter stated that there were two (2) ways to look at the problem, from a cosmetic standpoint through Code Enforcement or the Beautification Board or a possible ordinance to place time limits on the completion of new construction. Council concurred to schedule the matter for further discussion at the next workshop meeting. ADOPTION OF MINUTES: 1. Regular City Council Meeting of f July 5, 1994 Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of July 5, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS Hoyman Dobson & Company - Audit services for FY 94/95. Mr. Tom Kirk, Audit Director for Hoyman, Dobson & Company, stated that Council had City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 5 received copies of the audit engagement letter for the audit services for the September 30, 1994, financial statements. Mr. Randels commented regarding the audit process. He stated that Hoyman, Dobson fees were based on actual time spent and the proposed audit fees were not to exceed $21,000 for the audit and $3,000 for the CAFR. He briefly described items included within the financial audits. He referenced the annual audit fees paid by other cities within the County - West Melbourne - $32,900 and Satellite Beach - $14,400. Council concurred to schedule an item on the next Council workshop meeting to determine if Hoyman, Dobson were to remain as the City's auditors. Mr. Nicholas stated that he wanted the City to go out for bids for all outside services. PUBLIC HEARINGS 1. Ordinance No 21 -94 Amending City's Code of Ordinances Creating Section 38 -3. Fire Inspectors designated as Cijy Code Enforcement Inspectors to enforce Fire Safety Codes. for second and final reading_ Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING SECTION 38 -3, FIRE INSPECTORS DESIGNATED AS CITY CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 21 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 23 -94 Amending City's Code of Ordinances. Chapter 2. Administration. by establishing a Code Enforcement Board pursuant to Chapter 162 Florida Statutes for second and final reading. Mayor Pro Tern Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINIS'T'RATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 6 CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 24 -94 Amending City Code of Ordinances. Article III. Service Rates. Deposits and Billing Procedures of Chapter 78 Utilities for second and final reading_ Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES. DEPOSITS AND BILLING PROCEDURES OF CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No. 28 -94, Amending City's Code of Ordinances, to provide for the preservation of trees with a diameter at breast height (dbh) of over three (3) inches, for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 -567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREAS, AND SECTION 34 -122, PUBLIC NUISANCE PROHIBITED AND SECTION 102 -36, DEFINITIONS AND SECTION 102 -39, PENALTIES AND SECTION 102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 28 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 7 Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Discussion & Motion Re: Resolution No 94 -24, Establishing a new schedule of rates for garbage and trash collection within the City. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -24. Mr. Randels spoke in favor of the Resolution. He stated that the proposed increase only applied to commercial accounts. Mr. Porter stated that items of concern had been addressed within the past month, but that he hoped to see the same dedication and quality services from Western Waste throughout the year rather than only at contract time. Mr. Nicholas stated that he was still concerned regarding the deodorization of the dumpsters. Mr. George Gilchrist, Western Waste, stated that the company had recently purchased a new commercial truck which would be used to deodorize each container upon pickup. Mr. Porter directed staff to monitor contract compliance throughout the year. Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for an effective date of August 1, 1994, in Section 3 of the resolution. Motion carried with members voting as follows: 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 Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Discussion Re: Leeal services contract. Mr. Boucher stated that John Kancilia had left the firm of Reinman, Harrell, Graham, Mitchell & Wattwood and the firm had indicated that as part of their continuing contract with the City they wished to leave matters status quo with Mr. Kancilia fulfilling the services of City Attorney for the remainder of the contract. Mr. Randels commented on the intent of Mr. Gougelman's letter on behalf of the firm. Mr. Kancilia stated that he hoped to continue as the City Attorney. He stated that he had spoken with Mr. Reinman and Mr. Gougelman and that it was the intention of Reinman, Harrell to continue the contractual commitment through the expiration of the present contract which expires on September 30, 1994. Reinman, Harrell and Mr. Kancilia had agreed, with concurrence of the City, that Mr. Kancilia would continue as City Attorney City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 8 through September 30, 1994. Mr. Kancilia stated that Mr. Nicholas had mentioned possibly re- bidding all of the City's professional services and he fully intended to be a candidate for the City Attorney position. Council concurred to allow Mr. Kancilia to continue as City Attorney on a subcontract basis through Reinman, Harrell and to place the matter on the next workshop agenda to discuss advertising for legal services. 3. Discussion Re: The possibility of vacating a section of Tower Boulevard vs. the need, costs benefits of the City . paving and maintaining said section. Mr. Randels stated that staff had explored the option of vacating a section of Tower Boulevard and although it was feasible to vacate the road, it was not acceptable to all concerned landowners. He explained that he had been proposing vacating the eastern section beginning at the west end of Cape Sierra to the wastewater treatment plant. Mr. Jim Morgan, Building Official, stated that possibly the City could stabilize the roadway up to Mr. Tezel's property and then temporarily barricade the roadway from the eastern end up to the western end of the project. He stated that the Fire Department had concerns regarding access to a fire hydrant. Mr. Morgan explained that the closing of the right -of -way would be temporary only. Mr. Boucher stated that Mr. Tezel had approached him with a suggestion to utilize the provision in the impact fee ordinance for in -kind services ($520 x 25 units = $13,000). He stated that Mr. Tezel was willing to trade off the $13,000 of in -kind services to construct the first 300' of roadway up to the Discovery Bay property. Mr Boucher stated that the Council could authorize the trade -off of the impact fees for in -kind services if appropriate and the in -kind service would be the paving of the first 300' of the roadway up to the Discovery Bay entrance way. He stated that the bids had been advertised for the stabilization of Tower Boulevard and the bid opening was scheduled for August 16, 1994. Mr. Porter questioned if there were any documents which stated that the City had agreed to pave Tower Boulevard. Mr. Kancilia stated that there was a document from when Cevesco, Inc. had dedicated the Tower Boulevard right -of -way to the City; the dedication was made on the condition that the City would pave Tower Boulevard (no time frame was indicated on the deed). The deed was signed by George Firkins and the City accepted and recorded the deed. Mr. Porter stated that based on those circumstances the City should allow Mr. Tezel to use the impact fees to pave the roadway. Mr. Randels expressed his opinion that it was a moral, legal and ethical issue on the part of the City to pave Tower Boulevard and he further explained the history of Tower Boulevard and his reasons for recommending the paving of Tower Boulevard. Mr. Kancilia stated that the City's undertaking to pave the roadway was done in conjunction with acceptance of the deed from Cevesco and the City had a general obligation perhaps to pave the road. He stated that Mr. Tezel's firm may not have the same legal rights in terms of being able to enforce the agreement that was originally between the City and Cevesco. Mr. Porter City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 9 commented that it was not a legal question at this time. Mr. Nicholas also commented on the history of Tower Boulevard improvements and that the City in the past had agreed to pave the roadway for the benefit of the City, not the property owner. Council concurred to schedule a resolution for consideration at the next workshop meeting to allow the trade -off of impact fees for in -kind services on the Discovery Bay project. There was additional discussion regarding the St. John's permit which gave permission only to stabilize the roadway and the need for additional retention areas if the roadway was paved. Mr. Tezel stated that he would be paying a total of $67,000 in impact fees for his project and he felt that it was in the best interests of the City to pave the roadway. 5. Discussion & Motion Re: Interlocal Agreement with Brevard County for Recycling and Education Grant. Addendum No. 1. Motion by Mr. Randels, seconded by Mr. Berger to authorize the City Manager and Mayor Pro Tem Porter to review and approve the agreement with Brevard County for the Recycling Education Grant, Addendum No. 1. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Discussion & Motion Re: Resolution No 94 -33 Adopting a tentative proposed millage rate for the levy of ad valorem taxes for 1994 on all taxable property located within the City of Cane Canaveral. Mayor Pro Tern Porter read the title of the Resolution. A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -33. Mr. Randels stated that he was concerned with the decrease in the Beautification millage and that the citizens had voted for a millage of up to .5000 mill and that gradually the City had reduced the millage until there were limited funds to complete Beautification projects. Motion by Mr. Randels, seconded by Mr. Berger to amend the motion to change the millage rate in Section I for the Beautification Dependent Special District to .4843 mill. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels. Mr. Nicholas stated that due to the proposed expansion of the library there may be additional expenses involved in the City's share of maintenance costs for the library. He stated that the City may need additional funds to augment the library expansion project with the purchase of City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 10 books, materials or additional maintenance costs. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the motion to change the millage rate in Section 2 for the Library Dependent Special District to .04246 mill. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. There was discussion regarding Section 3 of the resolution pertaining to the Storm Drainage millage. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Discussion & Motion Re: Resolution No. 94 -21. Approving the transfer of Elizabethtown Gas Company into its parent company NUI Corporation. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ACKNOWLEDGING AND APPROVING THE TRANSFER OF THE FRANCHISE FOR ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER TO NUI CORPORATION PURSUANT TO NATURAL GAS FRANCHISE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -21. Mr. Randels stated that his concerns regarding the subject transfer of City Gas had been addressed and that the City had received maps showing the location of gas lines throughout the City. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Council concurred to continue past 10:00 p.m. 8. Discussion & Motion Re: Ordinance No. 29 -94. Repealing the Personnel Policy of the City in its entirety and replacing it with new Personnel Rules & Regulations, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; 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. 29 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 11 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Discussion & Motion Re: Ordinance No 30 -94 Amending City Charter. Article III Section 3. Compensation of Officers. and Code of Ordinances Chapter 2 Administration Division 2. Compensation. for first reading Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and changes that were proposed to the City Charter. Mr. Porter expressed his concerns regarding the proposed increase in Council's annual compensation. Motion carried with members voting as follows: Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 10. Discussion & Motion Re: Ordinance No 31 -94 Amending City's Code of Ordinances Section 58 -56 Designation and Establishment to provide for the appointment of two (2) delegates at large to the Local Planning Agency for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 12 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Discussion Re: Forming an Ad -Hoc Committee to review criteria for an Architectural Review Board. Council concurred with the recommendation of the Beautification Board for the formation of an Ad Hoc Committee to review criteria for an Architectural Review Board. Mr. Kancilia advised that the Ad Hoc Committee would need to function as a "fact- finding body only" and that any actual recommendations would need to be filtered back through an official City Board such as the Beautification Board or Planning & Zoning Board. 12. Monthly Activity Reports - No comments. 13. City Manager's Re cp�rt Mr. Boucher stated that the Dyer, Riddle, Mills & Precourt had prepared the bid specifications for the improvements to Lift Station No. 1. The specifications would be reviewed by staff and the project would be bid within the first or second week of August. DISCUSSION: 1. Mr. Kancilia stated that he needed direction from Council regarding the scheduled closing for the purchase of two (2) acres located near the wastewater treatment plant. He stated that the title insurance commitment showed eight (8) easements (5 were in favor of the City, 3 were not). He stated that the three (3) easements potentially created a defect in the title to the property. He advised that the City could choose to acquire the property subject to the easements and deal with the easements at a later date or the City could choose to reject the contract. He recommended that the City seek an extension to the closing date to clear up the easement problems. Council concurred with the City Attorney's recommendation. ADJOURNMENT: There being no further business, the meeting adjourned at 10:20 A.M. Approved this 2nd day of C. Wamone. MAYOR MINOW" faith G. Miller, ITY CLERK CITY COUNCIL SPECIAL MEETING July 28, 1994 A Special Meeting of the Cape Canaveral City Council was held on July 28, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:30 P.M. by Mayor Pro Tem John Porter. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy City Clerk PUBLIC HEARING Joy Salamone Absent John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Susan Stills Present 1. Ordinance 25 -94, Amending City's Code of Ordinances. Chapter 70. Taxation, by revealing and reenacting Article III. Occupational License Tax, for second and final reading. Mayor Pro Tem John Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 70, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY REPEALING IN ITS ENTIRETY, ARTICLE III, OCCUPATIONAL LICENSE TAX ADOPTING A NEW ARTICLE; ESTABLISHING A NEW FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 25 -94 at second and final reading. Mr. Randels commented on the guidelines used by the Equity Study Commission and subsequent results in order to provide a fair and equitable ordinance. According to the Florida Statutes, the rates could have been increased up to 10 percent, however, the rate structure was only increased by 9 percent. Mr. Randels reiterated on the performance of the Equity Study Commission by noting how the group simplified the existing license structure, reduced the number of categories from 21 to five, established minimum fees, updated license fees, and restored equity to the occupational license tax structure by utilizing comparable ordinances from 16 other municipalities. Mayor Pro Tem Porter acknowledged those in the business community with objections to the ordinance and also recognized the presence of Mr. Fred Fishback and several members of the Equity Study Commission who were present to address any questions or concerns. City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 2 Mr. Arthur E. "Bud" Burns addressed Council with his objections regarding the fees charged for mini- storage units. Mr. Bums distributed copies of his concerns to Council and staff. His objection was based on the words "fair and equitable" in the second paragraph of the cover page of the occupational license. Mr. Burns expressed that his mini - storage facility should not have been categorized as a dwelling, but as a service. Mr. Fishback responded to Mr. Burns' objections and addressed the classification of his mini - storage facility in comparison with a rented dwelling. In concept, a mini - storage facility was more similar to a rented dwelling that any other category. The concept that the Equity Commission tried to maintain throughout the process was that a larger business with a greater number of units or employees should have an occupational fee greater than a business with fewer units or employees. Mayor Pro Tem Porter questioned Mr. Fishback regarding a former objection of fees based on per unit or square footage charges. Mr. Fishback answered that a per unit fee was better related to impact because of the number of units for rent and the amount of traffic involved. Mr. Berger pointed out that sectioning the overall unit more adequately benefitted the customer with suitably sized storage for their particular needs. Mr. Berger suggested that a minimal rate be paid for the size of the overall storage facility in light of the expense involved in the process of sectioning the overall unit. Mr. Jim Means commented that Mr. Burns' percentage increase was a rather small increase compared to that experienced by many of the other businesses. Mr. Nicholas asked Council to poll the audience in response to the occupational license in order to ascertain how many concerns needed to be addressed. Mr. Hans K. Saurenmann questioned if the discussion referred to taxes or license. He defined a license as a flat fee, however, taxes were fees based on square feet. Mr. Saurenmann explained that his business was already taxed and that an occupational license should be a flat fee and that there should not be so many categories. Mayor Pro Tern Porter noted the time and since there were several remaining concerns before Council for discussion, he asked Mr. Kancilia if deferment of the workshop meeting at 7:00 p.m. was in order. Mr. Kancilia agreed that the workshop should be deferred until the conclusion of the special meeting. Mr. Burns rebutted Mr. Fishback's answers to his concerns and stated that the occupational license was cluttered with real estate terms which would cause his license to be renewed at a higher level. He also reiterated that his occupational license fee was not in the category of his business. He restated that warehouses were not dwelling units. Mr. Kancilia stated that occupational licenses were taxes. The State recognized that an occupational licensing ordinance was a taxing ordinance, not a regulatory ordinance. There were a number of bases upon which an occupational license tax would be imposed. The basis a city could not utilize was sales or revenue since these were in the form of an income tax. The Equity Study Commission had substantially reduced the inequities of the former occupational City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 3 license structure. Mr. Nicholas commented that the terminology of dwelling needed to be changed to fit the classification of a mini - storage facility. He suggested that the proposed fee of $2.00 per unit be lowered based on the actual usage of a mini - storage facility in comparison to other usages in the same category. Mr. Kancilia explained that the proposed changes to the occupational license ordinance could not be made without going through the advertising requirements again. Mr. Nicholas questioned if Tuesday, August 2nd, would be adequate time to implement changes. Ms. Deborah Haggerty, City Treasurer, stated that her staff would need appropriate time to prepare the licenses since the statute mandated that the occupational licenses go on sale Monday, August 1st. She also asked Mr. Kancilia if the occupational license ordinance could pass as stated with the exception of, perhaps, dwellings for rent which could be addressed at another time. Mr. Kancilia explained that if certain classifications were omitted the opportunity may be missed to enact a new rate. Further discussion followed on proposed changes to the classification or cost per unit. Motion by Mr. Nicholas, seconded by Mayor Pro Tern Porter to amend the ordinance on Page 10 in the category "dwellings for rent" in such manner that Council change the category from "dwellings" to "property for rent" and that Council change the mini - storage complex from "$25.00 plus $2.00 per unit" to 125.00 plus $1.00 per unit" and that Council change the last line "operators of other dwellings not specifically stated" to "operators of other property not specifically stated ". Mr. Berger questioned why rates were being included in the amendment. Mr. Nicholas answered that if rates were not changed at this point they could not be changed for another year. Mayor Pro Tem Porter based his decision on the recommendation of the Equity Study Commission to lower the rate. Mr. Randels felt that the ordinance should go forward and delete the mini - storage classification and no license be purchased until Council could address the matter. Discussion followed on the consequences of deleting the mini - storage classification from the ordinance until Council could address the matter. Motion on the amendment failed with members voting as follows: Councilmember Berger Against Councilmember Nicholas For Mayor Pro Tern Porter For Councilmember Randels Against Mr. Berger suggested that the mini - storage classification be deleted from the main ordinance until Council could reach an equitable solution for the category. Mayor Pro Tern Porter proposed that this suggestion be placed in the form of an amendment. Motion by Mr. Randels, seconded by Mayor Pro Tern Porter for an amendment that a particular mini- warehouse category remain the same as last year. Mr. Kancilia noted one procedural point in that the amount of the fee for last year should be read into the record as part of the City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 4 amendment. He also added that if the fee remained the same as last year in order to further study its equity, the opportunity to increase the fee could not be done for another year. Mr. Randels clarified his motion by stating that on the mini - storage warehouses Council would adopt the old rate of $62.50 per building for the upcoming year. Mr. Fishback commented that instead of reconvening the Equity Study Commission for one category that Council set an amount. Mr. Randels withdrew his amendment and Mayor Pro Tem Porter withdrew his second to the amendment. Mr. Berger questioned Mr. Fishback on his recommendation to lower the fee for mini - storage warehouses. Members of the Equity Study Commission informally recommended $1.50 per unit as the fee. Mr. Berger then asked Mr. Burns what was his recommendation to solve the fee problem. Mr. Bums stated that even at the fee of $1.50 per unit, his warehouse fee in the future would be over $300. Mr. Berger stated that there should be a flat rate for mini - storage businesses. Further discussion followed regarding mini - storage businesses. Mr. Nicholas questioned Mr. Kancilia as to the City's ability to raise the occupational licenses in the future under the State Statute guidelines. Mr. Kancilia answered that after the enactment of a comprehensive ordinance the fee could not be increased by more than 5 % every other year. Mr. Porter defined the options available to resolve the problem: 1) Council could keep the fee at its current level, 2) Council could reduce the fee, or 3) Council could remove the portion relating to mini - storage warehouses as suggested by Mr. Randels. Mr. Porter polled Council on each members position based upon these options. Mr. Kancilia noted also that there were certain housekeeping amendments that still needed to be addressed. Motion by Mr. Nicholas, seconded by Mayor Pro Tem Porter to amend Page 10 "dwellings for rent" to "property for rent," change "dwellings" at the bottom of the page to "property," and on mini - storage businesses change the 125.00 plus $2.00 per unit" to 125.00 plus $1.50 per unit." Motion on the amendment failed with members of Council voting as follows: Councilmember Berger: Against Councilmember Nicholas: For Mayor Pro Tem Porter: For Councilmember Randels: Against Mr. Clark asked Council to brief him on the revised occupational license since he was on vacation during its inception. Mr. Porter explained that the State had mandated that all municipalities and governmental entities in the entire State of Florida study the structure and equity of its occupational license fees. He further explained that the City convened a volunteer group of business men and women from the community to review the City's entire occupational license structure. Mr. Kurt Ronstrum stated that he not only served on the Equity Study Commission, but in so doing he voted on fees that would more than double the fees on two (2) of his businesses. City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 5 Mr. Fishback questioned Mr. Kancilia on the adjustments made to a category classified as miscellaneous to a fee of $93.75. His concern was that any new business could only be charged $93.75. Mr. Kancilia explained his reasons for recommending the fee of $93.75 to any "new" category that had not been included in the previous occupational license ordinance. Mr. Fishback reiterated his concern and stated that this created inequities in the system. Mayor Pro Tem Porter addressed the internal housekeeping amendments to the ordinance. Mr. Randels presented the first amendment under service- oriented businesses on page nine whereby the category of cleaning and janitorial services was omitted. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the category of cleaning and janitorial services under service - oriented business to include a rate of $50.00 with a $1,000 surety bond requirement and to delete the surety bond for private investigators. Mr. Nicholas questioned the benefit of surety bonds. Mr. Kancilia responded that surety bonds were insurance against certain risks and that fidelity bonds protected against dishonesty on the part of the profession; therefore, if a claim were made against the City, the City could go back against the bond. He further explained that the bond protected against costs incurred for enforcement of the ordinance. Further discussion followed on the effectiveness of using a surety bond. Motion on the amendment carried with members voting as follows: Councilmember Berger For Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Randels to amend the ordinance to delete the requirement for surety bond from all categories listed in the ordinance which consisted of cleaning and janitorial, decorating, and detective agencies. Mayor Pro Tem Porter asked Mr. Berger due to his personal involvement with being required to provide surety bonds in his business if a surety bond was effective. Mr. Berger felt that a surety bond was no longer required. Motion carried on the amendment with members voting as follows: Councilmember Berger Abstained Councilmember Nicholas For Mayor Pro Tem Porter For Councilmember Randels For Mayor Pro Tem Porter called the question on the main motion for Ordinance No. 25 -94. Motion on the ordinance carried with members voting as follows: Councilmember Berger Against Councilmember Nicholas For Mayor Pro Tem Porter For City of Cape Canaveral, Florida City Council Special Meeting July 28, 1994 Page 6 Councilmember Randels For There being no further business, the meeting adjourned at 8:05 P.M. Approved this 6th day of September , 1994. R. Porter, MAYOR PRO TEM ATTEST: r• \ �- Susan Stills, ACTING DEPUTY CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS AST NAME - -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMTITEE Arthur Berger City Council of the city of Cape Canaveral MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMrrrEE ON 627 Adams Avenue WINCH I SERVE IS A UNIT OF: CITY COUNTY 2 WCrrY 000UNTY O OTHER LOCAL AGENCY Cape Canaveral Brevard NAME OF POLITICAL SUBDIVISION: City Of Cape Canaveral M DATE ON WHICH VOTE OCCURRED Y POSCITON LS: July 28, 1994 M ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother - in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo- ration are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CITY COUNCIL REGULAR MEETING August 2, 1994 A Regular Meeting of the Cape Canaveral City Council was held on August 2, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney Acting Deputy 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 Susan Stills Present 1. Combined Workshop and Regular Meeting of f July 19. 1994 Motion by Mr. Porter, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop and Regular Meeting of July 19, 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. PUBLIC HEARINGS 1. Ordinance No 29-94. Adopting new Personnel Rules & Regulations for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; 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. 29 -94 at second and final reading. Mr. Randels expressed his concerns regarding provisions in the Personnel Rules which allowed part-time employees to receive vacation and sick leave benefits and the sick leave incentives included on page 39 of the Rules. He further noted that City employees were eligible to convert up to three (3) days of sick leave to three (3) personal days per year. He believed that sick and personal leave were to be used for different purposes. Mr. Nicholas concurred City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 2 with Mr. Randels on the point of converting sick leave to annual or administrative leave. After additional discussion, the motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 2. Ordinance No 30 -94 Amending City Charter. Article III Section. Compensation of Officers, and Code of Ordinances Chapter 2 Administration Division 2. Compensation, for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at second and final reading. Mr. Nicholas noted that the section numbers in the Ordinance were out of sequence. Mr. Kancilia stated that the second Section 2 would need to be amended to Section 3 and subsequent sections changed accordingly. Motion by Mayor Salamone, seconded by Mr. Randels to amend the ordinance to re- number the sections as needed. 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 commented that she felt strongly that the ordinance was certainly necessary after no changes having been made to Council salaries in 30 years. Mr. Randels stated that Councilmembers' expenses far exceeded any reimbursed amounts. He also noted that an equitable salary would more adequately provide for City - related expenses incurred by members of Council. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 3 Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 3. Ordinance No 31 -94 Appointing members to the Local Planning Agency. for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at second and final reading. Mr. Randels questioned whether the nature of the ordinance was temporary or permanent. Mr. Kancilia explained that the nature of the Ordinance was permanent until the Ordinance was subsequently amended by Council. He further explained that the Board would consist of two (2) at large members and five (5) individuals who were also the regular members of the Planning and Zoning Board and that the at large positions would be utilized by two (2) Councilmembers to assist in the amendment of the City's Comprehensive Plan. 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. Resolution No. 94 -35. Appointing members to the Local Planning Agency (LPA) Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas, to adopt Resolution No. 94 -35 appointing Leo Nicholas and Rocky Randels as delegates at large to the Local Planning Agency. Mr. Randels City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 4 asked if there were other Councilmembers who desired the position. Mayor Salamone expressed Council's appreciation to Mr. Randels and Mr. Nicholas' for their willingness to assist where they were needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 22 -94 Amending City's Code of Ordinances, to enact provisions to minimize fire hazards within the City, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 22 -94 at first reading. Mr. Randels expressed his agreement with the ordinance in that it would help minimize fire hazards within the City and fees would be incurred only by those who needed such inspections. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No 20 -94 Amending Subsection 110 -51(b) of the Code of Ordinances. by changing requirements for the parking of boats utility trailers recreational vehicles. and special purpose vehicles for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 5 AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 20 -94 at first reading. Mr. Porter commented on the letter sent by Gerry Schmitz questioning the provision in the ordinance whereby the City was asking citizens to install a concrete pad or an impermeable surface, he suggested that this item be amended. Mr. Randels noted that this amendment had been made in the revised Ordinance. Mr. Nicholas stated that the ordinance did not specifically restrict paving to asphalt or concrete, it included sand, gravel, etc. Mayor Salamone asked Mr. Kancilia if the ordinance addressed other points addressed by Council, such as the twenty -five feet set back requirement. Mr. Kancilia answered that the ordinance prohibited the parking of vehicles within four feet of the right -of -way abutting any street. Mayor Salamone expressed that she felt the limitation was unfair to citizens. Mr. Berger commented that the sidewalks were built within the easement and he did not think that trailers or boats should be parked within the easement. Mr. Kancilia stated that if the sidewalks in question were all within the right -of -way and the City did not want boats and utility vehicles protruding over the sidewalk, the proposed Ordinance included "within four feet of the right -of- way" which was four feet off the sidewalk, then the wording could be changed to provide that no vehicle would be parked on the right -of -way. He stated that then the vehicles would be allowed closer to the street and aesthetically that provision may be objectionable to some individuals. There was further discussion regarding the areas where no sidewalks were provided and other right -of -way concerns as related to the parking of boats and other such vehicles. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Ordinance, Sec. 110- 551(b)(2)(a) to allow that no boats, utility trailers, recreational vehicles, or special purpose vehicles "shall park within the right -of -way as opposed to within four (4) feet of the right -of -way line abutting the street ". 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. Randels expressed his concerns regarding the "relaxation of the parking requirements" included within the proposed Ordinance. Discussion followed regarding the screening limitations included in R -1 and R -3 zoning, and the limitation against the parking of any vehicle in excess of thirty (30) feet in length in R -1, R -2 or R -3 zoning. After discussion, Council concurred that such vehicles in excess of thirty (30) feet in R -2 and R -3 zoning would require screening. Mr. Nicholas expressed his concerns regarding the provision which allowed the parking of such vehicles on vacant lots under certain conditions including the written consent of the lot owner, current license plates, and that the vehicle needed to be in operable condition. Council concurred to further discuss Section 3 of the Ordinance at the next regular workshop meeting to be held on September 1, 1994. Motion carried on the main motion with members voting as follows: City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 6 Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 4. Ordinance No 32-94, Amending Section 38 -2 Fire Safety Fees to provide for reduced fire safety fees. for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 38 -2, FIRE SAFETY FEES, TO PROVIDE FOR REDUCED FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 32 -94 at first reading. Mr. Randels expressed concern over making changes to the Ordinance after the original Ordinance was adopted less than two (2) months earlier. He stated that the Ordinance had yet to become effective and Council should not respond to the objections of one (1) individual complaint. Mr. Randels reiterated the two -fold objective of the ordinance which was to make fire safety rules that would apply to buildings to ensure that businesses were following a uniform code of fire safety at a cost of $50.00 per inspection and also to comply with State regulations on fire safety. Mayor Salamone questioned why the Ordinance was being changed two (2) months after it was originally adopted. Mr. Nicholas answered that Mr. Tim Grady had objected to the ordinance because he had not been notified of the cost and because Mr. Grady had paid for an occupational license and Mr. Grady had felt that the license should pay some of the cost of the fire inspection fee. Mr. Nicholas further explained that small businesses were being required to pay more and more fees and costs in order to do business. Mr. Randels asked Council to postpone passage of the Ordinance until Council had an opportunity to review the proposed budget. Mayor Salamone felt that the fee was fair and equitable. Further discussion followed regarding the implementation and possible revision of fire inspection and safety fees. Mr. Porter suggested using a fee of $35.00 as opposed to $50.00 for fire safety inspections. Motion by Mayor Salamone, seconded by Mr. Porter to table Ordinance No. 32- 94. 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 -34 Authorizing an in -kind service agreement with Bay Construction, Inc to construct improvements to Tower Boulevard City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 7 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE PAYMENT OF IMPACT FEES IMPOSED BY SECTIONS 2 -231 THROUGH 2 -237 TO BE PAID BY IN -KIND CONTRIBUTIONS BY DISCOVERY BAY DEVELOPMENT, INC., FOR THE PAVING OF APPROXIMATELY THREE HUNDRED FORTY (340) FEET OF TOWER BOULEVARD; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -34. Mr. Randels clarified that the intention of the developer was to pave a section of Tower Boulevard to permit him access to his development; however, the road would have to built to City specifications and the cost of the road, approximately $12,000, would be applied to the developer's impact fees in the form of a credit. He further explained that the developer was willing to pave the road and have his impact fees applied as he pulled his permits. Mr. Kancilia stated that the developer would pay for the cost of the road and as units were built and impact fees would have been payable, the developer would be credited for amounts already paid for paving against the required impact fees. Mayor Salamone questioned Mr. Boucher as to which impact fees were in discussion. Mr. Boucher explained that police, fire, parks, general government, and library impact fees were involved. Mr. Porter commented that years ago there had been an agreement between the City and Shuford Mills, which Mr. Nicholas had signed as City Manager, which stated that if Shuford Mills deeded the City the road right -of -way that the City would then pave the road. Mr. Boucher stated that the paving funds were listed in the FY 95/96 capital improvement budget. Mr. Porter questioned if the City had in fact signed a written agreement with Shuford Mills for the paving of Tower Boulevard. Mayor Salamone responded affirmatively and stated that no date had been set for the pavement of Tower Boulevard. Mr. Porter felt that the City had an obligation to pave Tower Boulevard through its written agreement with Shuford Mills. Mayor Salamone stated that the developer's proposal would only pave 340' of the roadway. She stated that she was not comfortable with the idea of paving the entire roadway due to the limited of amount of traffic on the road. Mr. Randels stated that previously there had been a strong concern of the wastewater treatment plant employees over the damage caused to their vehicles due to the condition of the northern section of Tower Boulevard. Mr. Bob Hoog stated that the Fire Department used to buy fuel from the City for the fire trucks, but it had discontinued that practice due to the condition of Tower Boulevard. There was further discussion regarding the possibility of paving the entire length of Tower Boulevard; the use of impact fees for the purposes so designated (library, parks, police, fire and general government, etc.); concurrency management concerns; and the limited access to the front of the Discovery Bay development by pavement of the 340' section of roadway. Mr. Nicholas expressed his strong opposition to allowing the use of impact fees through the in -kind agreement City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 8 and explained his reasons for same. Mr. Porter stated that he felt that Mr. Nicholas had a valid point that the impact fees did have "names" on them such as library, parks, etc. He stated that he did not understand Mr. Nicholas' other objections in light of Mr. Nicholas's signature on behalf of the City on the Shuford Mills agreement. Mr. Nicholas stated that he still felt that the City should pave Tower Boulevard; however, the City did not have the funds to pave the roadway. Mr. Boucher stated that he agreed that impact fees should be used for their stated purposes; but the City had earmarked $15,000 to stabilize the east -west leg of Tower Boulevard in this year's budget. He suggested if the City wanted to take the $15,000 and apply it toward construction of the 340' portion of the roadway then let the developer pay the impact fees and allocate the $15,000 for the stabilization of the roadway toward the construction of the 340' section of the roadway. Mayor Salamone stated that it would appear that the City was paving the 340' section only for the one developer. There was additional discussion regarding the entire Tower Boulevard situation. Mr. Boucher suggested paving the entire roadway in accordance with the FY 95/96 capital improvement budget after construction of the wastewater treatment plant improvements to eliminate the possibility of damage to the new roadway by construction vehicles. Mr. Bob Hoog commented on the amount of gas tax revenue coming into the City and that Tower Boulevard had been an issue for a number of years and he expressed his support of moving forward with the pavement of Tower Boulevard. Mr. Randels distributed copies of pertinent sections from the City's Code Book relating to impact fees. He expounded on the purposes /uses of impact fees. Mr. Porter felt that the City should complete the road in two (2) phases to deal with the sewer plant construction; first portion as quick as possible and the remainder in FY 95/96. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 6. Award of Bid No 94 -02 Laboratory Water Purification System Motion by Mr. Randels, seconded by Mr. Porter for Council to approve the award of Bid No. 94 -02 to the low bidder, Curtin Matheson Scientific, Inc., in the amount of $6,054 as recommended by the Public Works Director. Mr. Boucher explained that the new system would replace the water purification system purchased in 1986. Mr. Nicholas asked if the City received an itemized breakdown from Fisher Scientific as it did from Curtin Matheson Scientific, City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 9 Inc. Mr. Boucher explained that Fisher's price was submitted in one lump sum. Mr. Nicholas commented that the bid was in line with the upgrading of the wastewater and laboratory facilities. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. After a ten- minute break, the meeting was reconvened. Quarterly Budget Transfers Motion by Mayor Salamone, seconded by Mr. Randels to approve the quarterly budget transfers for the quarter ending 6/30/94. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Approval of contract for annual audit services - Hoyman & Dobson. Inc. Motion by Mayor Salamone, seconded by Mr. Randels to approve the annual audit service contract with Hoyman & Dobson, Inc. Mr. Nicholas stated that he wished to bid out the audit services. He expressed that the service had not been bid out for 10 years and he wondered if the City was receiving a reasonable rate. Mayor Salamone stated that bidding the services out was not feasible at this time. She suggested that perhaps the contract could be bid out for FY 94/95. Mr. Randels questioned Ms. Janet Petroni of Hoyman & Dobson, Inc. if the cost included drafting of the annual budget. She concurred that it did. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tent Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For Authorization to bid annual audit services contract Motion by Mayor Salamone, seconded by Mr. Randels to bid out the audit services contract for FY 94/95. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. Authorization to bid legal services contract for FY 94/95 Motion by Mr. Nicholas, seconded by Mr. Randels to bid out the legal services contract for FY City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 10 94/95. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Resolution No 94 -36 Appointing two Ll regular members to the Commercial Development Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Resolution No. 94 -36 inserting the names of Ms. Joyce Sale and Mr. Jon Windhorst as regular members of the Commercial Development Board with terms to expire on June 1, 1996. 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. Porter explained that Mr. Jim Means had agreed to assist as a volunteer and help the City's grant writer, Mr. Bill Edins, in search of private and federal grant funds. Mr. Means was agreeable to not being appointed to the Commercial Development Board at this time. However, Mr. Porter recommended that the City Council retain his application and if an opportunity should arise for another position that he be approached again. Mr. Porter also commented that Mr. Windhorst was very experienced and would be most beneficial to the Board, as well as, Ms. Sale who had been a member of the Equity Study Commission and was a business owner in Cape Canaveral. 12. Citv Man ager's Report Mr. Boucher commented that Ms. Ava Tunstall, appellate attorney for the City, had filed a brief in the Abbott case, and he suggested that Council read the brief and he complimented Ms. Tunstall on her work with the case to date. Mr. Boucher stated he had spoken to Brevard County planning directors, Gary Ridenour and Peggy Busaca, regarding the possibility of utilizing a County planner to assist with the City's Local Planning Agency and the Commercial Development Board. The working relationship between the City and the County looked favorable. Mr. Boucher announced that the land acquisition of the 2.4 acres of property located north of the existing wastewater plant with Cevesco, Inc. had been finalized. City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 11 Mr. Boucher stated that he and Mr. Kancilia were working on a draft of a cable franchise agreement for the next workshop meeting. Mr. Boucher acknowledged that the disagreement with Mr. Roger Vaughn over the sewer line had been resolved and the City settled the matter for the plumber's itemized estimate of $730.00 which had been agreeable to Mr. Vaughn. Mr. Boucher reminded Council of the upcoming budget workshop meeting scheduled for Monday, August 8th, at 5:30 p.m. Mr. Boucher commented on the resolution from the Port Authority in response to the City's resolution regarding termination of the sewage franchise agreement in the year 2000. Mr. Berger suggested that every year the City send a friendly reminder letter to the Port reminding them that their contract would be terminated in 2000. Mr. Nicholas added that the Port had allocated $15,000 for engineering studies for its own plant. Mr. Boucher announced that due to the City's Drug -Free Workplace Program the City was given a credit on its workers' compensation insurance in the amount of $1,353.00. DISCUSSION: 1. Motion by Mr. Porter, seconded by Mr. Berger for an add -on agenda item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Porter, seconded by Mr. Berger for Council to take the $15,000 allocated for the stabilization of Tower Boulevard in the FY 93/94 budget and use the allocated funds for immediate use to pave the first 340' of Tower Boulevard (Phase I). Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Mr. Kancilia noted the litigation report given to Council of all legal cases. He reported on the Abbott case and noted that under the rules of appellate procedure it was up to the court to schedule oral argument; to date oral argument had not been scheduled. In the case of Royal Mansions Condominium Association vs. the City, the hearing on the motion for summary judgment which was originally scheduled for September 6th had been postponed until September 12th to accommodate the judge's schedule. Mr. Kancilia further summarized the status of the Royal Mansions case. Mr. Kancilia stated that in the case of American Bank of the South vs. Szapor the City was actually a cross - claimant (third party claim). Mr. Szapor had included the City and other defendants in a foreclosure suit against American Bank of the South. American Bank had filed City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 12 suit against Mr. Szapor for default on a loan and Mr. Szapor had dragged the City and other parties into the suit alleging defects in the title. Mr. Kancilia did not believe that the City was a proper party to the suit and the City had moved to dismiss the case as not being appropriate against the City. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. Approved this tirh day of gea r�..,- , 1994. ` L - � : k - Ct. -t 4jC * on e, MAYOR ATTEST: Susan Stills, ACTING DEPUTY CITY CLERK CITY COUNCIL REGULAR MEETING September 6, 1994 A Regular Meeting of the Cape Canaveral City Council was held on September 6, 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 SMial City Council Meeting of f July 28. 1994 Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Special City Council Meeting of July 28, 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. 2. Regular City Council Meeting of August 2. 1994. Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of August 2, 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. PUBLIC HEARINGS: 1. Ordinance No 20 -94 Amending Section 110 of the Code of Ordinances, by changing requirements for the parking of boats utility trailers recreational vehicles and special purpose vehicles. for first public hearing_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 100- 551(b); City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 2 AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 20 -94 at first public hearing. Mr. Randels stated that he was concerned with the City relaxing the present standards for the parking of boats and recreational vehicles. He stated that the proposed change included in the Ordinance limited the restrictions to recreational vehicles in excess of 30', thus a vehicle under 30' could park anywhere that was not specifically excluded. Motion by Mr. Randels, seconded by Mr. Porter to amend the Ordinance to delete the words "in excess of thirty (30) feet in length" from Item (i) on page 3 of the Ordinance. Mr. Randels stated that the Ordinance would then apply to all size recreational vehicles. Mr. Kancilia summarized the previous discussions held by the Planning & Zoning Board and Council regarding the 30' parking restrictions. He stated that the 30' restriction originally arose because the Planning & Zoning Board had recommended an increase from the 21' to 30' restriction. He explained that it was thought that in R -1 and R -2 zoning there would continue to be the same requirement for covering or screening of such vehicles and that the dividing line for covering was when the vehicle was in excess of 30' because vehicles under 30' were not considered to be an eyesore. There was further discussion regarding the 30' length restriction on the parking of recreational vehicles. Mr. Randels stated that the amendment to the Ordinance would provide that the parking limitation would apply to all boats and recreational vehicles. Motion by Mr. Randels, seconded by Mayor Salamone to amend the Ordinance to add the words "commercially registered vehicle" after "No for -hire vehicle" in Item (h), Page 3 of the Ordinance. Motion failed on the first amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 3 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 announced that the second public hearing of Ordinance No. 20 -94 would be scheduled for Tuesday, September 20, 1994, at 7:00 p.m. 2. Ordinance No 22 -94 Amending City's Code of Ordinances to enact provisions to minimize fire hazards within the City, for second and final reading_ Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND REQUIRING A BUILDING PERMIT FOR THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 22 -94 at second and final reading. 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. NEW BUSINESS: 1. Resolution No. 94 -37. Extending current cable television franchise agreement Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO CABLE TELEVISION; EXTENDING THE EXPIRATION DATE OF THE FRANCHISE GRANTED PURSUANT TO ORDINANCE NO. 36 -64, AS AMENDED BY ORDINANCE NO. 16 -79, RESOLUTION NO. 88 -54 AND RESOLUTION NO. 92 -05, MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -37. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 4 2. Resolution No. 94 -38. Authorizine the execution of a State Revolving Loan Fund and the pledge of revenues from the City's sewer system use fees to secure payment of said loan. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF STATE REVOLVING LOAN FUND NO. CS120825020; AUTHORIZING THE PLEDGE OF REVENUES DERIVED FROM SEWER SYSTEM USE FEES TO SECURE PAYMENT OF SAID LOAN; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -38. Mayor Salamone stated that the principal loan amount was $4,537,836 at an interest rate of 3.17 %. Mr. Kancilia explained in detail the changes to the loan agreement which he had requested and the changes which were approved or denied by the State. The changes which were denied would have required changes to the Florida Administrative Code. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Resolution No, 94 -39. Reappointing members to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING THREE (3) MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -39 to reappoint Catherine Barnes, Buzz Petsos and Steve Roney to the Planning and Zoning Board with terms to expire on September 15, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -40 Appointing an alternate member to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 5 Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -40 with the inclusion of Don Bergen as an alternate member to the Planning & Zoning Board with a term to expire on September 15, 1996. 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 26 -94 Scheduling a Referendum Election for the purpose of presenting an valorem tax not to exceed i.0 mil for police protection for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at first reading. Mr. Porter questioned whether or not Lt. McGee would discuss the proposed referendum further with Council. Mayor Salamone stated that she felt very comfortable going to the voters with the question given the current and future budget requirements for police and fire. Mr. Randels explained that he felt the voters needed to be adequately informed as to how the increased millage funds were to be used. Mayor Salamone stated that it would be for two (2) additional deputies. Mr. Randels questioned the success rates of bicycle patrols in smaller communities such as Cape Canaveral. Lt. McGee responded that bicycle patrols were being used on Merritt Island with good success; however, this was being done in low income areas where there were a concentrated amount of people and it had helped tremendously in keeping unwanted persons out of certain areas. The visibility aspect was important as well. There was additional discussion between Lt. McGee and Council regarding the possibility of utilizing bicycle patrols in Cape Canaveral and other policing needs within the community. Mr. Berger questioned if the millage increases were to be fully explained in the City's newsletter. Council supported moving up the schedule for the printing of the newsletter to allow information regarding the referendum questions to be included in the newsletter prior to the November election. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No 27 -94 Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services, for first reading_ City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 6 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -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. Ordinance No 34 -94 Providing for the submission to the electors of the City of Cape Canaveral a proposed amendment to Article XXIV Sec 8 NeeIwtism of the City of Cave Canaveral Charter, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 34 -94 at first reading. Mr. Porter commented that he felt the matter would become a "political football ". There was discussion regarding the proposed ballot wording and Mr. Kancilia explained the reasons why the ballot summary needed to specify the actual nature of the change. Mr. Porter expressed his concerns regarding the prohibition against allowing two (2) family members to serve on two (2) separate City Boards that made recommendations to the City Council. Mr. Kancilia stated that under the present Charter provisions on nepotism, the Council could not appoint a relative of a Councilmember to any of its advisory boards. Under Florida City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 7 Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the particular Councilmember abstained from voting. Mr. Kancilia stated that by adopting Florida Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the Councilmember abstained; that same activity under the current Charter provision would not be legal. Mr. Porter stated that although he did not condone the tactics with which the original referendum was passed, he did feel that some good came out of the entire matter by clearing up any misconceptions. He stated that the City as a whole had been negatively affected by the entire nepotism issue. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 8. Ordinance No 35 -94 Amending City's Code of Ordinances. Section 780152. Monthly Sewer Rates to clarify the authority of the City Council to modify sewer rates in amounts other than increases based on the consumer price index, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; 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. 35 -94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Ordinance No 36 -94 Amending City's Code of Ordinances by adding a Section to be entitled "Motion and Still Photography Production Permits" for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS " PROVIDING A City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 8 TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENT; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 36 -94 at first reading. Mr. Kancilia stated that Section 16 -67 of the Ordinance had been reworded to make it explicit that the granting of a production permit did not excuse the applicant from complying with other City Code provisions /licenses. He outlined several other modifications which had been made to the subject Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 10. Motion Re: Bre vard County's Local Plannine Assistance Program Motion by Mr. Randels, seconded by Mr. Nicholas to authorize the City Manager to pursue an interlocal agreement with Brevard County for Alternative No. 1 for hiring a County planner for $20.62 per hour for up to 240 hours to assist with the Comprehensive Plan amendment process and the Commercial Development Board in an overall Redevelopment Plan for the City. Mr. Porter and Mr. Berger spoke in favor of the interlocal agreement with the County. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Motion Re: Authorization to Dispose of Surplus Property through City Auction Motion by Mr. Porter, seconded Mr. Randels to authorize the City Manager to auction the City property as listed on Bid No. 94 -05. Mr. Randels asked that the auction be published in additional publications. Mayor Salamone stated that she wanted copies of the auction lists at City Hall, the library and Capeview Elementary, and also that it be advertised in the publication known as the "Thrifty Nickel ". 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. City Manager's Report Mr. Boucher stated that Council had received a letter from the Canaveral Port Authority City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 9 regarding two (2) holdouts on the beach easements. He advised that on the two (2) parcels in question, the firm that was engaged to sue the Army Corps of Engineers had filed pleadings against the Port trying to get the easements. Mr. Boucher had spoken to Port Commissioner McClouth who had requested the City's assistance in attempting to persuade the two (2) holdouts to execute the easements. Mr. Randels stated that he was scheduled to meet with the Canaveral Towers Condominium Association. Mr. Porter suggested sending a letter to Mr. Harris of Gray, Harris, Robinson, Kirschenbaum & Peeples, requesting his support in obtaining the easements. Council concurred to send the letter to Mr. Harris and to copy both holdouts with the letter as well. Mr. Boucher stated that Karen Andreas, Brevard County Commissioner, had given him a copy of the Attorney General's opinion regarding the Snyder and Jennings lawsuits, which had been distributed to Council. Mayor Salamone asked that the City Attorney's opinion on the same subject also be sent to Commissioner Andreas. DISCUSSION: 1. Mr. Nicholas questioned if the Canaveral Cab Company was back in operation within the City. Mr. Boucher responded that the company had applied for a license /permit. Mr. Nicholas suggested that the City keep a close watch on the operations of the company within the City. Mayor Salamone expressed her concerns regarding the particular cab company as well. 2. Mr. Nicholas stated that in the past he had asked about getting lots mowed at the intersection of Magnolia and Adams Avenues. He stated that other lots had been mowed, but not the two in question and he asked that something be done about the problem. 3. Mr. Nicholas mentioned that he was concerned about the potential for one day rentals in Ocean Oaks and he had been assured by staff that a memo had been written to the owner advising him that rentals of less than seven (7) days were prohibited. He stated that he had a problem with the memo because it did not specifically outline the City's Code requirements. He advocated that the instructions to the owner be specifically outlined and explicit about the prohibition against rentals of less than seven (7) days. 4. Mr. Porter announced that he had a meeting scheduled for Friday, September 9, 1994, at 4:00 p.m., at the Recreation Center, with the volunteers who would be assisting the City in its grant research /writing efforts. 5. Mr. Randels distributed copies of a publication that the Florida League of Cities had compiled which listed all of the available grants, contract persons, and other applicable grant information within the State of Florida. 6. Mr. Randels commented that the Florida League of Cities had passed a resolution in opposition to legalized gambling in the State of Florida. City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 10 7. Mr. Randels stated that of the 29 possible State ballot initiatives for November ballot, only six (6) had received enough signatures to move forward toward the November election. He distributed a fact sheet regarding the initiatives to Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8:24 P.M. Approved this 20th day of '1 Joy C, Sal�#none, MAYOR ATTEST: Faith G. Miller, Cl CLERK CITY COUNCIL SPECIAL MEETING September 12, 1994 A Special Meeting of the Cape Canaveral City Council was held on September 12, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Clerk PUBLIC HEARINGS 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. Resolution No. 94 -41, Adopting the Tentative Millage Rate for 1994. Mayor Salamone read the Resolution in its entirety. A RESOLUTION ADOPTING THE TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94-41. Mayor Salamone stated that she disagreed with raising the beautification and library millages for FY 94/95. She did not feel that the increases were warranted and she believed that the City should revert back to the FY 93/94 millage rates (total of 1.3391 mills). The public hearing was opened. Mr. Dick McGhee, 541 Washington Avenue, stated that when the Beautification tax was first approved by the voters he had been led to believe that the initial tax would be reduced once the City was made "beautiful ". He questioned whether the beautification funds were becoming a contingency fund. He spoke against tax increases in general. Mr. Randels explained that there were plans underway for enlarging the scope of the beautification issue. Mr. Boucher showed Mr. McGhee the outline of projects to be covered by the beautification tax. There was further discussion regarding the use of the beautification millage and relevant projects. Mr. Porter stated that the original concept of the referendum was not sold on a decreasing scale. He explained that the City had a lengthy process underway toward more beautification projects, specifically AIA and other areas in the City which needed an extensive amount of work toward City of Cape Canaveral, Florida Special City Council Meeting September 12, 1994 Page 2 "beautification ". He advised that even with the increased beautification millage the ad valorem taxes for FY 94/95 were lower than FY 93/94 (1.387 mill as compared to 1.4110 mill). Mr. McGhee reiterated his objection to the increased beautification and library millages. Mayor Salamone restated that she did not feel the increases were necessary in the upcoming fiscal year. Mr. Berger commented that he felt it was necessary because the more the City invested in the environment, the more the citizens would appreciate it. He supported using the funds for more beautification projects in the upcoming fiscal year. There was discussion regarding the proposed library millage increase as well (.0386 mill to .0425 mill). Motion by Mr. Porter, seconded by Mr. Randels to amend Section 4 of Resolution No. 94 -41, to reduce the storm drainage millage from .1821 mill to .1102 mill for FY 94/95. Mr. Randels commented that the overall millage rate for the City (1.3870 mill) was lower than the previous year. Motion by Mayor Salamone to amend Sections 2 & 3 of the Resolution to change the Beautification Dependent Special District millage from .4843 mill to .4403 mill and the Library Dependent Special District millage from .0425 mill to .0386 mill. Motion died for lack of a second. The public hearing was closed as there were no additional comments from the public. Motion carried on the amendment with members voting 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 Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For Mr. Boucher announced that the next budget meeting was scheduled for Monday, September 26, 1994, at 5:30 p.m. Mr. Porter asked that the plans for the various beautification projects previously discussed be written and available for the next scheduled budget meeting. 2. Resolution No. 94 -42. Adopting the Tentative Annual Budget for FY 94/95. Mayor Salamone read the Resolution in its entirety. City of Cape Canaveral, Florida Special City Council Meeting September 12, 1994 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE TENTATIVE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -42. Mayor Salamone stated that because special revenue funds were included within the budget she had a problem with the way the budget would be presented to the public. Mr. Randels questioned the proposed $30,000 for a sludge dump truck in the capital improvements portion of the budget. Mr. Boucher explained that the dump truck was not recommended for funding. He stated that in the future the City may find it more cost effective to purchase a dump truck rather than to continue sludge hauling by a contractor. Mr. Randels also questioned why the extension of Ridgewood Avenue ($250,000) was still shown on the Capital Improvements Five Year Plan. Mr. Boucher stated that this item was also not funded and had only been included in the Five Year Plan because the extension was listed in the City's Comprehensive Plan. Once the Comprehensive Plan was amended, the item regarding Ridgewood Avenue extension would be removed from the Plan. The public hearing was opened and closed as there were no further comments on the budget. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For There being no further business, the meeting adjourned at 6:02 P.M. Approved this 20th day of September 1994. - 1 r �, / -, oy C. al one, MAYOR ATTEST: th G. Miller, CITY LERK CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING September 20, 1,994 A Combined Workshop & Regular Meeting of the Cape Canaveral City Council was held on September 20, 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 Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk ADOPTION OF MINUTES: Joy Salamone Present John Porter Absent Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present John Kancilia Present Faith Miller Present 1. Regular City Council Meeting of September 6. 1994 Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of September 6, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Special CLty Council Meeting of September 12, 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of September 12, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PROCLAMATIONS: 1. Pepper Buster Day - October 22. 1994. Mayor Salamone read the proclamation and presented it to Mr. Michael Casciopo, Marine Resources Council of East Central Florida. Mayor Salamone rearranged the order of the agenda due to the number of individuals present in the audience with regard to particular subjects. NEW BUSINESS: 2. Discussion & Motion Re: Library expansion site plan review. Mr. Roy Cowell, Stottler Stagg & Associates, gave a brief background of the library expansion project and two conceptual plans, A & B, which had been presented to City and County staff, the Library Board, and the City Council. Council had requested that the architects review other available alternatives for parking to allow a larger amount of greenspace to remain on the subject property. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 2 Mr. Cowell presented three (3) alternative solutions, C, D & E, and explained the concepts, and the positive and negative aspects of each. Concept C provided for the use of Poinsetta Avenue as a parking lot, closing the access point at Polk Avenue, with major work to be done on the east side of the property by removing sidewalks and relocating trees. Concept D provided that Poinsetta would still be a thoroughfare, but it visually would not give the impression of a through street due to landscaping. It would also utilize the City Hall Annex parking lot. Concept D would require significantly more construction including relocation of the library sign and possible storm drains. Concept E included several small parking sections and angle parking for the staff parking lot. Mr. Cowell stated that the library staff and the Library Board remained supportive of Concept A due to several reasons including that the facility would be a self - contained operation with everything controlled by the library, and the facility would not impact any outside entities. He explained that there would be a significant increase in the cost of the project if Poinsetta Avenue were closed or reconstructed to allow vehicle parking within the right -of -way. The utilization of any of the concepts which involved the use of Poinsetta Avenue would require changes to the scope of services under which Stottler Stagg had been contracted along with additional expense. Mr. Cowell commented that there were a limited amount of funds available within the County for all of the library expansion projects. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that there would be an additional cost impact from design and construction standpoints and there were limited funds set aside for the library project. He stated that if Poinsetta Avenue was developed as a parking area, the County's choices would be to limit the scope of the project or to have the City share in some of the expenses with the County. Mayor Salamone questioned if the County would be willing to continue to finance their portion of the expansion if the City agreed to develop the parking facilities along Poinsetta Avenue and how such a change in plans would affect the timeline of the project. Mr. Bisley stated that the first step would be to identify the difference in expenses involved, share the information with the local and County Library Boards and ultimately present it to the County Commission. He stated that other safety concerns needed to be addressed. He stated that the construction would be delayed approximately 60 days with such a change in the conceptual plans. Mr. Nicholas suggested a compromise to include placing parking only in the northern part of the addition on the east side near the entrance off of Polk Avenue and utilizing the parking across the street near the annex for the required number of parking spaces for the expanded building. Such a compromise would leave the southern half of the expansion site as greenspace. There was further discussion regarding the required number of parking spaces, possible pedestrian problems, the number of residents and visitors who use bikes or walk to their destinations within the City, and the general accessibility, convenience, safety and liability of the library facility. Mayor Salamone stated that the meeting room was not used often enough to justify the expanded parking and she favored Concept D. Mr. Berger suggested changing the angle of the building. Mr. Nicholas commented that he was adamantly against closing Poinsetta Avenue. Mayor Salamone asserted that Orange and Ridgewood Avenues were available for north -south traffic and that closing one block of traffic along Poinsetta would not be a problem. Discussion continued regarding maintaining as much greenspace as possible. Ms. Kathy Stewart, Brevard County, stated that historically when a library was expanded it was 1 /3rd more utilized which would mean additional parking needs. She stated that the circulation had City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 3 increased by 20% each month within the area and she disagreed that the parking was adequate for the library as it currently existed. She commented that a library of the proposed size usually require 45 -70 parking spaces. Discussion continued regarding traffic flow and pedestrian and vehicular traffic to the library. Mr. Harry Ernst, Library Board member, questioned if there were figures available on how much the open area near the library was used for recreational purposes. Mayor Salamone stated that no established figures were available, but that the children did use the area consistently and she would hate to see another concrete jungle in the area. Mr. Kancilia left the meeting at this time; Mr. Kevin Markey, Assistant City Attorney, took his place at the meeting. Mayor Salamone stated that a viable compromise would be to allow the City to take back one lot east of the facility to increase the greenspace area. She summarized the compromise by explaining that Poinsetta Avenue would remain open, 68 parking spaces would be located on the site, the building would remain as depicted on Concept A, and half of the requested greenspace (one lot) would be returned to the City. Council concurred with the suggested compromise. Mr. Cowley stated that he would provide revised site sketches to the City Manager. Mrs. Stewart advised that she would agree with Mayor Salamone's recommendation and that overflow parking would be located across the street from the library near the City Hall annex. After a ten - minute break, the meeting was reconvened. PUBLIC HEARINGS: 1. Ordinance No 20 -94 Amending Section 110 of the Code of Ordinances. by changing requirements for the parking of boats utility trailers recreational vehicles and special purpose vehicles, for second and final public hearing. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS,, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 20 -94 at second and final public hearing. Mr. Randels stated that he had a concern regarding the wording he had added at the previous meeting, "commercially registered vehicle ", to item (h), page 3. He explained that the added words would also exclude individuals with pick -ups or cars that were registered commercially City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 4 from parking in their own driveways. Motion by Mr. Randels, seconded by Mr. Berger to delete the words "commercially registered vehicle" from item (h), on page 3 of the ordinance. Mr. Markey suggested adding the following wording to the subject section: "This section shall not be construed to prohibit parking of automobiles, pickup trucks and mini - vans ". Mr. Nicholas suggested that wording could be used to specify commercial vehicles over a certain weight. Motion by Mayor Salamone, seconded by Mr. Berger to add the language provided by Mr. Markey to item (h), page 3 of the ordinance. Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the first amendment with members voting as follows: Mayor Salamone, Against; Councilmember Berger, Against; Councilmember Nicholas, Against; Councilmember Randels, Against. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No 26 -94 Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 1.0 mil for police protection, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 27 -94. Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services, for second and final reading Mayor Salamone read the title of the Ordinance AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 5 CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No 34-94. Providin¢ for the submission to the electors of the City of Cape Canave a proposed amendment to Article XXIV Sec 8 Nepotism of the City of Cape Canaveral Charter, for second and final readine Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 34 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No 35-94. Amending City's Code of Ordinances Section 78 -152 Monthly Sewer Rates to clam the authors of the City Council to modify sewer rates in amounts other than increases based on the consumer price index for second and final reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 35 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No 36 -94 Amending City's Code of Ordinances by adding a Section to be entitled "Motion and Still Photography Production Permits" for second and final reading. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 6 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS " , PROVIDING A TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENTS; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 36 -94 at second and final reading. Mr. Berger questioned if the applicants for such permits would have to go through all of the City's normal permitting process. Mr. Boucher stated that Bonnie King, Film Commissioner, of the Space Coast Film Commission would advise any applicants of the procedures and permits required by each City within Brevard County. Mr. Nicholas commented that the penalty clause in Section 16 -65 was not stated that the applicable penalty clause was included in the City's Code reiterated that he did not feel that there were enough controls /restriction s Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For NEW BUSINESS: specific. Mr. Boucher Book. Mr. Nicholas within the ordinance. Mayor Salamone changed the order of the items under New Business as necessary. 9. Resolution No. 94 -47. Authorizing an agreement with the Brevard County Sheriff's Department to provide municipal police services for FY 94/95. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger for approval of Resolution No. 94 -47. Mr. Boucher explained the changes included in the contract. He stated that Page 13, Paragraph 17, Telecommunications included a provision to place the City on notice that as of October 1, 1995, the Sheriff's Department would be charging the City for dispatch services. Mr. Boucher stated that he City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 7 objected to the provision since there were two (2) other municipalities that received the same type of service that the City received and that Palm Bay had questioned why three (3) cities received special treatment. Mr. Boucher commented that Cape Canaveral had a separate agreement with the Sheriff's Department and that Palm Bay received their 911 fees for dispatch and that Cape Canaveral's 911 fees went to the County. Mayor Salamone questioned why the provision was included in the contract rather than sent to the City in a letter format. Mr. Curt Jones, Brevard County Sheriffs Dept., stated that it would not be a problem to remove the subject clause from the contract. Mr. Jones stated that some analysis could be completed to identify applicable 911 funds as needed. He stated that .23 cents of the .50 cents charged for 911 services went to Southern Bell in direct support of the 911 equipment and lines; the balance of the funds were spent on capital needs for the cities and for improvements to the overall equipment. Mayor Salamone asked that the letter include figures applicable to the anticipated cost of dispatch services. Mr. Randels addressed his concern regarding the proposed deletion of the following text: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City". Commander Vernon Weekley stated that in the early days there were only two (2) deputies working at the precinct and at that time the provision for deputies with more than one year's experience was absolutely necessary. He stated that since 1978, the department had grown from six (6) members to a 17- member department. He explained that he was not proposing transferring all of the recruits to the Cape Canaveral precinct. Mr. Nicholas voiced his objections to the proposal due to the amount of funds paid to the Sheriffs Department for police protection. He stated that the City had agreed to a contract with the Sheriffs Department in order to have the best possible police protection available. Lt. McGee stated that deputies could not leave the Cape Canaveral precinct unless they left the employment of the Sheriff or unless reassigned by the Sheriff after notification to the City Manager. There was further discussion regarding the subject provision in the proposed contract. Mr. Jones explained that there was a cost benefit to having a mixture of people with a mixed amount of tenure and experience. Mayor Salamone questioned if the Sheriffs Department would agree to allow not more one (1) trainee at any given time at the Cape Canaveral precinct. Motion by Mayor Salamone, seconded by Mr. Berger to add language to the contract to provide that the Cape Canaveral precinct would have no more than one (1) trainee at any given time. Mayor Salamone stated that the contract price of $970,570 was lower than the FY 93/94 price of $981,800. Mr. Nicholas questioned the deletion of the crossing guard section in the contract. Mr. Boucher advised that Brevard County's Public Safety Department was responsible for all of the crossing guards throughout the County who were not employed by the individual municipalities. The County provided the necessary crossing guard training and certification. Lt. McGee stated that the deputies would cover the school zones and would cover for the crossing guards if there was a sickness or an emergency situation; but they would not be responsible for actual training of the guards. Motion by Mayor Salamone, seconded by Mr. Randels to amend the contract to delete paragraph 17. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 8 Motion on the first amendment failed with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to add the following text to paragraph 4, page 5: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City ". Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion failed on the main motion with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Mayor Salamone asked that the contract be taken back to Sheriff's Department for additional consideration with regard to the requirement that deputies have a minimum of one year's experience prior to being placed in the Cape Canaveral precinct. The item would be placed on the next Council meeting agenda scheduled for October 4, 1994. 11. Discussion & Motion Re: Bid No 94 -03 Tower Boulevard Stabilization Project. Motion by Mayor Salamone, seconded by Mr. Randels to approve Bid No. 94 -03. Mr. Boucher explained that the bid had been advertised to stabilize Tower Boulevard and during the bid process Council had changed the scope of the project to pave 340' of Tower Boulevard. He stated that the bids received were in excess of the verbal quotes received previously. Mr. Boucher recommended that Council reject the bid to stabilize the roadway and a new bid would be let to pave the subject roadway section. He advised that he had given Mr. Tezel a schedule for the project and that staff had reviewed the plans and they were awaiting a response from the St. Johns River Water Management District for a permit modification. Mr. Ali Tezel questioned if he could do anything to expedite the permitting process. He offered to contact St. Johns directly. Mayor Salamone stated that staff was expecting approval from St. Johns by October 13, 1994, and she asked Mr. Boucher to contact St. Johns and verify the status of the permit modification. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas Against City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 9 Councilmember Randels For 1. Discussion & Motion Re: City Attorney selection. Motion by Mayor Salamone, seconded by Mr. Randels to re- advertise for legal services. Mayor Salamone stated that she did not believe that Council had enough of a selection for legal services and she felt that the advertising was not adequate. She stated that she would like to have more firms available for consideration. Mr. Berger stated that there were not many law firms available with municipal experience and he felt that the two (2) firms that applied were qualified. Motion failed with members voting as follows: Mayor Salamone For Councilmember Berger Against Councilmember Nicholas Against Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Berger to contract with Mr. Kohn Bennett of the firm of Amari, Theriac & Eisenmenger to provide legal services for the next year. Mayor Salamone stated that Mr. Bennett worked for a firm that had previously worked for the City and the firm had resigned. She stated that she did not have any faith in the firm or the way the City was treated and she did not feel that the firm would be a good choice for the City. Mr. Nicholas stated that Mr. Bennett had been the City Attorney for the Planning & Zoning Board and the Board of Adjustment. Mayor Salamone reiterated her feelings against the firm of Amari, Theriac and stated that Councilmembers had problems with some of the firm's decisions and that their record with the City was not good. She stated that the firm was not in the City's best interests and she would not support the firm. Mr. Berger stated that he had personal experience with the Amari, Theriac firm and felt that they were well qualified. Mrs. Ann Thurm spoke in favor of the firm of Amari, Theriac and she stated that she felt anyone could make a mistake and she did not hold the mistake against the firm. She recommended Mr. Bennett as the City Attorney as she felt he was most cooperative and capable. Mrs. Thurm stated that the firm had resigned under pressure. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Mr. Randels commented that another motion would probably not pass as well. Motion by Mayor Salamone, seconded by Mr. Berger to re- advertise for legal services. Mr. Boucher stated that the current contract with Reinman, Harrell expired on September 30, 1994, and he would proceed to make provisions to hire Mr. Kancilia or Mr. Markey on a temporary basis. Mayor Salamone stated that Mr. Kancilia had agreed to continue until a lawyer was hired and Mr. Boucher concurred. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Discussion & Motion Re: Route selection for reuse system. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 10 Mr. Boucher gave a brief background on the proposed reuse system. He stated that he needed direction from Council as to which phases of the project were to be completed initially and which alternate route was to be selected for Phase I (main line along AIA or Poinsetta Avenue). Mr. Nicholas questioned how much it would cost to complete the entire reuse system throughout the City and Mr. Gary ReVoir, Hartman & Associates, responded that the full project would cost $2.8 million. There was extensive discussion regarding the following: whether the entire project should be completed collectively or in phases, viability of installing all of the infrastructure for the system at one time, funds available in wastewater reserve accounts, potential to have capacity shortfalls, maintenance expenses for reuse lines that may not be utilized for a number of years, available capacity if the Port builds its own plant and terminates its agreement with the City in the year 2000, and the City's current interlocal agreement with Cocoa Beach for 750,000 gpd of reuse water. Discussion continued regarding whether or not final engineering costs for the entire reuse system were included in the current contract with Hartman & Associates. It was determined that the final engineering costs were included within the total estimated $2.8 million cost of the complete project, but Hartman & Associates were not designated as the engineers to complete final engineering work for the entire project. Motion by Mayor Salamone, seconded by Mr. Berger to put in the infrastructure necessary to complete the entire reuse system as presented. Mr. Nicholas stated that the City could extend its contract with Hartman & Associates to provide the engineering and design for the entire reuse system. Mr. Berger commented that the main trunk line would run on the west side of AlA. Mayor Salamone and Mr. Nicholas concurred with the location of the main trunk line if the City was constructing the entire reuse system throughout the City. Mr. Randels stated that the City would be installing a great quantity of pipes with a possibility of only 20% resident participation. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Motion by Mayor Salamone, seconded by Mr. •Berger to approve a dedicated line to Cocoa Beach for the 750,000 gpd, not a lift station. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. ReVoir questioned if Council wanted Hartman & Associates to submit a proposal for final engineering services for the City's entire reuse system and Council concurred. 4. Discussion Re: Tourist Development Tax. Item would be added to the next Council workshop meeting agenda. 5. Resolution No 94 -43 Reappointing_ members to the Code Enforcement Board, Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -43 with the following members reappointed to the Code Enforcement Board: Mary K. Russell, Walter P. Godfrey, Jr., and James O'Kell with terms to expire on October 1, 1997. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No 94 -44 Reappointing members to the Library Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -44 to reappoint J. Tim Grady, Harry Ernst and Anna M. Kelly as regular members of the Library Board and Joanna Atwood as an alternate member of the Library Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No 94 -45 Reappointing members to the Recreation Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -45 to reappoint Colin Finnigan, Harvey Renshaw and William Schmidt as regular members of the Recreation Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Resolution No 94-46 Reappointing members 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; REAPPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Resolution No. 94-46 to reappoint Marilyn Rigerman and Robert Laws as regular members of the Zoning Board of Adjustment with City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 12 terms to expire on October 1, 1996. Mr. Markey stated that Council could not reappoint Marilyn Rigerman to the Board under the current nepotism provisions of the City Charter. Mrs. Marilyn Rigerman stated that she believed the current law was in conflict with Florida Statutes and that since it was in conflict it could be set aside and the resolution approved. She explained that the Zoning Board of Adjustment was an important quasi-judicial board and that there was a short supply of experienced members to serve on the Board. Mayor Salamone stated that Council agreed with Mrs. Rigerman, but she would have to follow the City Attorney's opinion on the matter. Mr. Markey stated that the Council would be voting in contrivance of its own law if it voted in favor of the appointment. Mrs. Ann Thurm commented on the Galbraith case decision which allowed that a Councilmember's spouse could serve on boards without any conflict if the spouse abstained on the vote to appoint his/her spouse to a board. She asserted that the City Charter amendment was invalid because it was in conflict with State law. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Resolution to allow that only Robert Laws be reappointed as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the main motion with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels Against Mr. Berger asked for more research on the matter from the City Attorney. Mr. Nicholas stated that as of October 1, 1994, the Board would be missing two (2) members and any decision made by the Board required four (4) positive votes. Mrs. Rigerman stated that if the Charter provision was not changed by the referendum that she would challenge the provision and prevail and that the City would end up paying the associated legal costs. She encouraged everyone to vote affirmatively for the Charter referendum in November. Motion by Mayor Salamone, seconded by Mr. Berger to reconsider Resolution No. 94 -46 removing Marilyn Rigerman's name from Section 1 of the Resolution. Motion carried with members voting as follows: Mayor Salamone, for; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Mr. Laws was reappointed to the Board. She stated that Mrs. Rigerman had served well as a member of the Board and she hoped that she was successful in seeing the referendum approved in November. 10. Resolution No 94 -48 Authorizing an addendum to the agreement for Fire Protection and Emerggncv Medical Services with the Cape Canaveral Volunteer Fire Department. Inc.. for FY 94/95. Item would be added to the next Council workshop meeting agenda. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 13 12. Discussio & Motion Re: Councilmember vacancy. Mayor Salamone stated that the City had received a Division of Elections opinion and an opposite opinion from the City Attorney regarding the Councilmember vacancy. She explained that Council had decided that it had allowed Mr. Kancilia to request an opinion from the Florida Division of Elections and that it would abide by their decision. Motion by Mayor Salamone, seconded by Mr. Randels to abide by the Division of Elections opinion. Mr. Nicholas asked for clarification on the motion and Mayor Salamone stated that the motion provided that "Council appoints ". Mrs. Thurm stated that similar situations had occurred in 1976, 1979, and 1984 and every time the replacements were appointed and she felt that the laws were very clear. She did not understand why the matter had been questioned and that the City had always followed the Charter and the Election Code. Mr. Markey summarized that Mr. Kancilia's opinion was based upon a Florida Supreme Court case that stated the opposite of the Division of Elections' opinion. Mr. Spike Schryer stated that he was upset about Council's action because the City had notified or solicited that there would be an election for the Councilmember position. Mayor Salamone stated that there was a disclaimer in the notice. Mr. Schryer stated that he felt the City was in the wrong because it was preventing the people from making the choice and he would look further into the matter. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 13. Monthly Activity Reports. Item would be added to the next Council workshop meeting agenda. 14. City Manager's Report. Mr. Boucher stated that Brevard County would be resurfacing the bikepath along the west side of North Atlantic Avenue within the next month. ADJOURNMENT: There being no further business, the meeting adjourned at 10:04 P.M. Approved this 4th day of October , 1994. Joy . S one, MAYOR ATTEST: Faith G. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING September 26, 1994 A Special Meeting of the Cape Canaveral City Council was held on September 26, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Clerk PUBLIC HEARINGS Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Absent Rocky Randels Absent Bennett Boucher Present Faith Miller Present Resolution No 94-49 Adopting Final Millage Rate for 1994. Mayor Salamone read the Resolution in its entirety. A RESOLUTION ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -49. Mayor Salamone stated that she felt that the City should go back to last year's tax rates for the Beautification and Library millages as she did not see a reason to increase either tax. Mr. Porter agreed with the reduction in the proposed library tax, but he felt more discussion was needed on the Beautification portion of the budget. Mr. Porter stated that overall, regardless of the increases in the Beautification and Library millages, there would still be a net reduction in taxes in the City (1.4110 mills to 1.3870 mills). Mayor Salamone questioned what projects were planned for the increased Beautification millage. The increased Beautification millage would net the City approximately $14,000. The public hearing was opened. Mr. Dick McGhee, 541 Washington Avenue, objected to the proposed Beautification and Library millages and added that he disagreed with increased millage rates without justification. Mr. Bill Sweet agreed with Mayor Salamone in that the Beautification and Library millages should not be increased. Mr. Sweet spoke favorably regarding the City's police and fire services and that possibly those tax rates should be increased. He also commented that the City employees were excellent. Mayor Salamone advised that referendums to increase the police and fire millages from .50 to 1.0 mill for police and from .25 to .50 mill for fire were being placed on the November election ballot and the voters would have the right to decide whether or not the City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 2 millages should be increased. Mr. Bob Hoog spoke against increasing the Beautification and Library millages and commented that there was $46,000 in the Beautification contingency budget. He questioned why the taxes were proposed to be increased with no planned projects in place. Mrs. Francis Singer, Beautification Board Chairman, explained that there were two (2) planned programs - 1) planting of trees on the presidential streets /regreening of Cape Canaveral; and 2) xeriscape park to be located across from the Recreation Center. Mayor Salamone stated that both projects were already included within the budget. Mr. Porter stated that the AIA corridor needed substantial beautification improvements. He expressed that City funds could be doubled through the use of grants for specific beautification projects and that funds were available through several types of grants, but most grants required matching funds. He mentioned that $26,000 of beautification funds were doubled through a grant ($52,000) for the tree planting project. He stated that maybe the Beautification tax did not need to be increased during the next fiscal year, but he also advocated putting more time and effort into preparing plans for specific projects in the next year. Specific projects for improvements to the community would help to gain residents' support for a potential increase to the Beautification tax next year. Mr. Porter stated that it was critical for the City to move toward the future with needed improvements. Mayor Salamone commented that she did not resent any funds that had been spent on Beautification in the past. She supported lowering the tax in the years when it was not needed and raising it in the years that there were projects that warranted the increased tax. Mr. Berger stated that there were several Beautification projects being contemplated such as entrance signs to both entrances along AIA. He stated that the overall taxes were not increasing and the more beautiful the City became then the more valuable it became to its residents. He felt that the increased millages were justified. Mr. McGhee spoke against placing more funds in the Beautification contingency fund. Mayor Salamone reiterated that planned projects were needed. Motion by Mayor Salamone, seconded by Mr. Porter to amend the main motion to go back to last year's millage rate for Beautification (.4403) and Library (.0386) taxes. Mr. Sweet commented on the conditions in the area along AIA in between Cocoa Beach and the City (Avon -by- the -Sea). Mayor Salamone explained the goals and objectives of the Commercial Development Board and the Local Government Cooperative Committee. Mr. Porter suggested that the'Beautification Board prepare an actual plan to include goals to be accomplished over the next few years and place it into the City's Five Year Capital Improvement Plan. Mr. William Gleckner, Beautification Boardmember, questioned several line items included in the Beautification budget. Ms. Deborah Haggerty, City Treasurer, explained the forecasting of estimate revenues and expenditures, the proposed decrease in the Beautification and Library City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 3 millage rates, the annual City millage (tax) paid by an average homeowner in Cape Canaveral, and that the overall tax liability of a Cape Canaveral homeowner would be lower than the previous year. Mayor Salamone read Resolution No. 94 -49 in its entirety due to the proposed amendment. Section 1 of the amended Resolution now read: "The total millage for all City operating purposes is fixed at 1.34 mills on the dollar of taxable value for the 1994 -95 fiscal year of the City of Cape Canaveral, Florida. This millage is a 1.58% increase from the rolled back rate." The Beautification millage rate in Section 2 was changed from .4843 mill to .4403 mill, and the Library millage rate in Section 3 was changed from .0425 mill to .0386 mill. Mr. Porter explained that he had re- evaluated his stance on the previously proposed millage increase and that it was reasonable to expect a more aggressive plan for the future of beautification projects. The public hearing was closed as there were no additional comments from the public. Motion carried on the amended Resolution with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger Against Motion failed on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tern Porter Against Councilmember Berger For Mayor Salamone announced that Resolution No. 94 -49 as amended passed by a 2 to 1 vote. 2. Resolution No. 94 -50 Adopting the Final Annual Budget for FY 94/95 Mayor Salamone read the Resolution in its entirety. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995; PROVIDING FOR AN EFFECTIVE DATE. The public hearing was opened and closed as there were no further comments on the budget. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -50. City of Cape Canaveral, Florida Special City Council Meeting September 26, 1994 Page 4 Motion by Mayor Salamone, seconded by Mr. Porter to amend Resolution No. 94 -50 to include the millage rates and related figures that were adopted on the amended Resolution No. 94 -49. Motion carried on the amendment with members voting as follows: Mayor Salamone For Mayor Pro Tern Porter For Councilmember Berger Against Motion failed on the main motion with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Mayor Salamone announced that Resolution No. 94 -50 as amended passed by a 2 to 1 vote. There being no further business, the meeting adjourned at 6:20 P.M. Approved this 4t-h day of October 1994. (� Jo C. alamone, MAYOR 7 AT T: F aith G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING October 4, 1994 A Regular Meeting of the Cape Canaveral City Council was held on October 4, 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 Interim City Attorney City Clerk Joy Salamone Present John Porter Present (Late) Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: Regular Cily Council Meeting of September 20, 1994. Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of September 20, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Pro Tem Porter arrived at the meeting at this time. 2. Sverial City Council Meeting of September 26, 1994. Motion by Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of September 26, 1994, as presented. Mr. Nicholas questioned the main motion, amendment and the vote taken on Resolution No. 94 -49. Mayor Salamone advised that she had read the amended Resolution in its entirety, so that the vote on the amendment included the complete amended Resolution. She stated that the main motion had failed on the Resolution that was presented to Council, but the amendment passed on the Resolution as amended. Mr. Nicholas commented that Resolution No. 94 -49 was defeated; Mayor Salamone reiterated that amended Resolution No. 94 -49 was approved. Mr. Nicholas suggested continuing the discussion at the end of the meeting. 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: 1. 1994 Fall Beautification Awards Residential - Mr. & Mrs. Gerald Fischetti City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 2 Multi- Family - Sand Pebbles Commercial - Maggie's Mini Nursery Mrs. Frances Singer, Beautification Board Chairperson, presented the 1994 Fall Beautification Awards to the following individuals: Mr. & Mrs. Gerald Fischetti - Residential award; Mr. Jay Sauerwind, President of the Sand Pebbles Condominium Association - Multi- Family award; and Ms. Sarah Johnson, Owner of Maggie's Mini Nursery - Commercial award. NEW BUSINESS: 1. Motion R e• Appointment of interim City Attorney. Motion by Mr. Nicholas, seconded by Mr. Randels to appoint the firm of Potter, McClelland, Marks & Healy as Interim City Attorney at a rate of $75.00 per hour until a City Attorney was selected. Mayor Salamone thanked Mr. William Potter and his firm for agreeing to serve as Interim City Attorney. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No 94 -47 Authorizing an agreement with the Brevard County Sheriff's DWartment to provide municipal police services for FY 94/95. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -47 for the level of service specified in the contract in the amount of $970,570. Mr. Boucher stated that the Sheriff's Department had provided a revised contract to him immediately prior to the start of the meeting. He explained that the revised contract provided that: "The Sheriff further agrees that there will not be more than one deputy assigned to Cape Canaveral at a time with less than one (1) year of experience". Mr. Randels stated that "not more than one (1) trainee at a time" meant that Cape Canaveral could have a training position continuously. He wanted to also provide that the trainee would be in addition to the regular deputies. Mr. Nicholas stated that he understood that one (1) of the 17 deputies assigned to Cape Canaveral would be a trainee. Lt. George McGee, Cape Canaveral Precinct, explained that the training phase was 12 -18 weeks, once certified the officer was placed in a patrol vehicle alone. He further explained the training program and he commented that in the event that the Cape Canaveral precinct did have an opening then they would only be allowed to have one (1) person who had completed the training City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 3 phase who could be assigned to the Cape Canaveral precinct for a one (1) year period of time. Mr. Porter stated that he could agree to allowing only one (1) person with less than one (1) year's experience who would be assigned to Cape Canaveral for at least a one (1) year period. Mr. Nicholas felt that the wording in the contract would allow a continuous training program during the term of the contract and he did not feel that Cape Canaveral should be a training ground for the Sheriff's Department. He advocated limiting the provision to allow one (1) trainee only for the term of the contract. Mr. Potter, Interim City Attorney, suggested the following change to the language: "During the term of this contract only one (1) deputy with less than one (1) year's experience shall be assigned to duties in Cape Canaveral." Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to include the wording in the contract as suggested by the City Attorney. Mayor Salamone questioned why Council did not want trainees in Cape Canaveral. Mr. Nicholas stated that the City was paying for fully experienced deputies to be on duty at all times and he spoke against allowing the precinct to become a training ground for all deputies. Mayor Salamone stated that the Council had previously agreed to the language which included the words "at a time" at an earlier workshop meeting. She stated that she did not have any problem with the language as presented in the agreement. There was further discussion regarding the amendment and the issue of having deputies with less than one (1) year's experience stationed in Cape Canaveral. Lt. McGee stated that if the proposed amendment was approved he would have to obtain approval from the Sheriff Department's administration. Mr. Porter commented that only one (1) trainee would be allowed in Cape Canaveral and that the person would be assigned to Cape Canaveral for one (1) full year; Lt. McGee agreed with Mr. Porter's interpretation. Motion failed on the amendment with members voting as follows: Mayor Salamone Against 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 Tern Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 3. Resolution No 94 -48 Authorizing an addendum to the agreement for Fire Protection and Emergency Medical Services with the Cape Canaveral Volunteer Fire Department Inc for FY 94/95. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 4 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -48. 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: Contract amendment with Hartman & Associates for reuse system design of Phases 2 & 3. Motion by Mayor Salamone, seconded by Mr. Berger to approve Authorization No. 3 with Hartman & Associates for the reuse system design for Phases 2 and 3 at a cost of $101,645. Mr. Boucher advised that the public hearing for the wastewater reuse system improvements and the State Revolving Loan funding was scheduled for November 1, 1994. Mr. Nicholas stated that he would have liked to have more time to review the contract. Mr. Randels spoke against the motion and he explained his reasons for same including that there was no data available regarding how much reuse water would be used in Phase 1, no data on how much water would be available for Phases 2 and 3, the possibility that the Department of Environmental Protection (DEP) may revoke the City's continuous wet weather discharge permit if the City indicated that it would be utilizing all of the water for irrigation (reuse), borrowing additional funds would cause an increase in the sewer rates for all residents, and that the City's engineers recommended that Phase 2 & 3 be completed at later dates as the water became available. Mr. Nicholas stated that the contract before the Council was for the design only of Phases 2 and 3. He advocated having the full design done as one project, not piecemeal. Mr. Porter stated that between the design and actual construction of the system many things could change that would impact the system. Mayor Salamone commented that the rate analysis showed that through the year 1997, it would mean an additional cost to the residents of $6.92 per year. She stated that in 1997, the residential sewage charge would be $17.79 and currently the statewide average was $20.94. She strongly supported designing the entire reuse system. There was a general discussion regarding the wet weather discharge permit and the reuse system in general. Mr. Nicholas questioned the $50,000 survey cost. Mr. Gary ReVoir, Hartman & Associates, stated that the surveys would be completed first and foremost, everything would be based on the existing conditions, and a lack of surveying would decrease the total quality of the design process. He explained that there were some concessions that could be done to slightly reduce the survey cost. Mayor Salamone stated that Authorization No. 3 included a "not to exceed City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 5 $101,645" clause. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Council directed the City Manager to prepare the necessary documents to request full funding of the reuse system through the State Revolving Loan Fund. 5. Motion Re: Interlocal agreement with Brevard County's Local Planning Assistance Program Motion by Mr. Nicholas, seconded by Mr. Berger to approve the interlocal agreement with Brevard County for Local Planning Assistance Program to be at a rate of $20.62 per hour to formulate the City's Comprehensive Plan update. Mr. Randels advocated that the Council should have the ability to monitor the program and he asked for monthly progress statements. Council concurred with Mr. Randels' request for monthly progress reports. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No 94 -51 Apjwinting a regular 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 A REGULAR MEMBER TO 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 -51 appointing Ann Thurm as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. 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. Resolution No 94 -52 Appointing _a regular member to the Library Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 6 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -52 appointing Joanna Atwood as a regular member of the Library Board with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Motion Re: Authorization to bid for City Engineering services. Motion by Mr. Nicholas, seconded by Mr. Porter to authorize the City Manager to solicit bids for City Engineering services. 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. City Manager's Report. Mr. Boucher updated Council on the status of the negotiations with the union. He stated that the union had agreed to a three (3) year contract with the ability to open three (3) articles annually, and the Drug -Free Workplace requirements. He stated that Mr. Elmer Sevor had requested that the Council consider adding approval of the contract to the meeting's agenda. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Porter to approve the contract between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673, as bargained by the City Manager. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that Mr. Nicholas had inquired about four (4) cases that were listed on the Sheriff Department's monthly report and he distributed a response from Lt. McGee to each member of Council. Mr. Porter encouraged the resumption of the City's crime report in Florida Today; Lt. McGee stated that the crime information was given to the paper on a routine basis, but the paper did not always publish the information as submitted. Mr. Boucher distributed copies of the newly revised draft of the cable television franchise agreement between the City and Time Warner; the item would be included on October 18th's Council meeting agenda. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 7 PUBLIC COMMENTS: 1. Mr. Frances J Kuhn 102 E Central Boulevard, re: sewer /garbs eg fees. Mr. Boucher stated that Mr. Kuhn had advised that he would be unable to attend the meeting and had asked that he be rescheduled for October 18, 1994. DISCUSSION: 1. Mr. Nicholas questioned the procedural matter on the Council minutes of September 26, 1994, as discussed earlier in the meeting. Mayor Salamone stated that Robert's Rules of Order provided that it was allowable to amend such a resolution as long as it was read in its entirety. Mr. Potter stated that the minutes were confusing in that the last vote (on the main motion) was redundant and he further explained the procedures. Mayor Salamone stated that procedurally the actions were correct, but that the second motion could have been eliminated. 2. Mr. Porter stated that he had enjoyed speaking with the citizenry of Cape Canaveral during the day's primary election. 3. Mr. Randels commented briefly on the fact that the residents within the unincorporated area of the County, Avon -by- the -Sea, were paying higher taxes than the residents within the City of Cape Canaveral. 4. Mr. Randels stated that Brevard County had initiated a Drop & Swap Program for the disposal of hazardous waste and he explained the benefits of the program. 5. Mr. Randels distributed press packets from a seminar he had attended entitled "Weathering the Storm" to members of Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8:18 P.M. Approved this 18th day of October , 1994. J C alamone, MAYOR ATTEST: Faith G. Miller, CITY LERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING October 18, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on October 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 Salamone. 1;Z67g OK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim City Attorney City Clerk Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of October 4. 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of October 4, 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 /PROCLAMATIONS: 1. Employee of the Quarter - Greg Mullins Mr. Boucher presented Mr. Greg Mullins, Maintenance Worker II of the City's Street Department, with the Employee of the Quarter award. Mr. Randels and Mayor Salamone congratulated Mr. Mullins for his accomplishments and his willingness to help out when needed on many City projects outside the normal scope of his duties. 2. Florida City Government Week - October 23 -29, 1994 Mayor Pro Tem Porter read the proclamation and presented it to Councilmember Rocky Randels for forwarding to the Florida League of Cities. 3. Libma Expansion Project Update and Public Input presented by Brevard County. Mr. Bill Starmer, Stottler, Stagg & Associates, Inc., distributed a library project manual and schedule to each member of Council and staff. He stated that the schedule showed the design timeframe from August 1994 through the start of construction in February 1995, with completion scheduled for September 1995. He advised that a Program containing a thorough overview of the goals and objectives of the new library addition which was written by many players, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 2 including County staff and Library staff, would be available for public inspection at the library. Mr. Starmer proceeded to explain the details of the site plan concept and schematic design for the expansion to the Cape Canaveral Library as approved by the City Council several weeks earlier. Mr. Nicholas questioned the number of volumes of books to be provided and Mr. Starmer stated that the number of volumes included 16,000 volumes in the children's section, 4 -6,000 in the youth section, with an overall total volume of 75- 80,000. Ms. Kathy Stewart, Brevard County, stated that one -third of the volumes were checked out at any one time, therefore, although the library planned to have 80,000 volumes they were not planning to have shelving for 80,000 books. Mr. Starmer displayed schematic drawings for the site plan, floor plan, and elevations and described improvements to the entryways. Mrs. Anna Kelly, Library Board member, questioned the use of the Art in Public Places program in conjunction with the library expansion, and whether or not any decisions to use pieces of art or stained glass windows should be made in time to advise the architects before construction began. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that the County Commissioners had already reviewed the Art in Public Places Program and their direction had been that the County would incorporate the funds that it could to allow for the project within the design, such as opportunities to display artwork by adding lighting equipment or providing alcoves to display art. There were no dedicated funds to purchase paintings or pieces of sculpture. Mr. Starmer explained that there were several ways to incorporate art into the facility. He stated that within the lobby area there would be a large open corridor that could be utilized to display artwork. Mr. Bisley stated that the next step in the process would be to meet with the Art in Public Places committee to review the overall library expansion design to explore ideas for the inclusion of artwork in the library. The focus of the Commission had been to have a program for rotating artwork throughout the public facilities in Brevard County. Resident questioned the amount of additional space to be added to the library; Mr. Starmer stated that the addition encompassed 6,000 sq. ft. and the existing building was slightly less than 9,000 sq. ft. Mr. Starmer stated that another public meeting would be held in late November and the site plan documents would be available for public inspection at the library. After a ten - minute break, the meeting reconvened. NEW BUSINESS: Mayor Salamone rearranged the items under this portion of the agenda as needed. 2. Ordinance No 38 -94 Granting a Franchise to Time Warner Entertainment Comoanv. L.P.. to construct operate and maintain a cable television system in the City, for first reading. Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON - EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVED; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Ordinance No. 38 -94 at first reading. Mr. Boucher stated that included in the agenda packet was the second revision to the franchise agreement, subsequently there had been changes presented by Time Warner that were included in the agenda packet as a separate document. He had come to a resolution with Time Warner on most of the outlined changes. He stated that there were three (3) issues that still needed to be decided including: 1) term of the agreement (10 or 15 years); 2) amount of the surety bond ($10,000 or $50,000); and 3) inclusion of the FCC standards in the agreement or incorporate some of the standards that were in the original draft of the agreement. Mayor Salamone supported a 15 -year agreement. Mr. Porter did not feel that a 15 -year agreement was necessary. Mr. Berger commented that ten (10) years may even be too long for the agreement. Mayor Salamone stated that since the agreement was non - exclusive and Time Warner would be spending significant funds in infrastructure and hardware it warranted a 15- year agreement. Mr. Nicholas agreed that 15 years was possibly too long. Ms. Diane Pickett, Time Warner, stated that Brevard County's franchise agreement with Time Warner was for 15 years and the other agreements with municipalities within the County were for 15 years as well. She stated that there were no limitations in the agreement against improved technology. She commented on the company's five -year plan to upgrade the system and Time Warner's track City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 4 record as a leader in the cable television industry. Mr. Boucher stated that Florida League of Cities had sent him three (3) examples of franchise agreements that had been negotiated after the 1992 cable legislation including Bellair Park (10 years), Gulfbreeze (8 years) and Pembrook Pines (10 years). He felt the agreements reflected the current trend for agreements of ten (10) years or less. He stated that the proposed agreement did not include any mandated upgrades to the system; any upgrades would be at the discretion of Time Warner. Mayor Salamone had asked for an opener clause in the contract for the amount of the franchise fees to allow the 3 % franchise fee to be increased at a later date if needed. Ms. Pickett stated that the provision allowed for 90 days notice at any time during the length of the agreement to change the amount of the franchise fee. Ms. Pickett stated that the agreement was non - exclusive and the company hoped that there would be opportunities to bring other services into the City. She briefly explained the situation with the Titusville cable franchise which had been owned by TCI and Time Warner had taken over the franchise during a corporate trade. Mrs. Mary Winchester suggested allowing only a five (5) year agreement. Mr. Irving Krause questioned how many cable franchises operated within Cape Canaveral; Mayor Salamone answered that at present there was only one (1) cable company operating a franchise within Cape Canaveral. Mr. Frances Kuhn, 102 E. Central Boulevard, commented that he had recently moved from Titusville and he strongly favored the TCI cable system over the Time Warner system and he advocated a short franchise agreement. Mr. Boucher questioned if Council felt that a $10,000 surety bond offered the City adequate protection of its interests. He stated that the surety bond needed to protect against non - payment of franchise fees or removal of facilities within the public right -of -way. He stated that the trend for surety bonds in other agreements had been $50,000 - 100,000. There was further discussion regarding the amount of the surety bond. Mr. Porter stated that Council needed to negotiate the best deal possible for Cape Canaveral citizens and he supported a ten (10) year agreement. Mr. Nicholas mentioned the sewer franchise agreement with the Port which had appeared to be a good agreement at the time of negotiation and as time progressed, things had changed and the agreement was no longer as adequate as it had been originally and he also supported a ten (10) year agreement with Time Warner. Mayor Salamone stated that she would not agree to the contract that evening because it had not been presented to Council in final format. She questioned whether Council was satisfied with the FCC standards as written. Mayor Salamone was in full agreement of utilizing the FCC standards in the agreement rather than the performance standards that were included in the original draft agreement. Mr. Boucher stated that he had received an opinion from Florida City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 5 League of Cities (FLOC) on customer service standards and he distributed copies of the opinion to Council and Ms. Pickett. Mr. Randels stated that the opinion stated that FCC standards were minimum, not maximum standards. Ms. Pickett asserted that the FCC standards were very strict and quite thorough and her company did not have problems with customer service or quality standards. Mr. Berger commented that he had two (2) very unpleasant experiences with Time Warner which were related to customer service. Mr. Porter stated that the FLOC opinion showed that adoption of the FCC standards alone did not create an enforcement mechanism. He stated that the City could adopt the FCC guidelines, but it should also include a mechanism to enforce the guidelines. Discussion followed regarding the guidelines and the associated enforcement mechanisms. Mr. Nicholas questioned if the franchise agreement allowed the City the option to purchase the cable system. Mr. Boucher stated that only in the case that Time Warner did not renew the franchise agreement would the City have the option to purchase the system. Mr. Nicholas stated that the same option that had been in the old agreement should he included in the new franchise agreement. Ms. Pickett stated that the federal law regulated cable and that the franchise could be terminated only under specific federal guidelines. Mr. Boucher summarized the direction given by Council regarding the franchise agreement including: 1) Council concurred with a ten (10) year term of agreement; 2) Surety bond -Mr. Berger and Mr. Porter - $50,000 surety bond, Mayor Salamone - $10,000 surety bond; Ms. Pickett suggested that since the franchise fees were $33,000, that the bond be $30,000 - Council concurred with Ms. Pickett's suggestion; and 3) Inclusion of the FCC standards and Council wanted to further review the language suggested in the original draft agreement. Mr. Boucher stated that he had recommended that there be reporting requirements for customer standards including the availability to review three (3) years worth of complaint records. There was extensive discussion regarding the FCC standards, reporting requirements, settlement of disputes, and customer performance standards. Ms. Pickett explained Time Warner's complaint system and the computer process used by the company to change customer records, enter new records, and schedule service calls, etc. Mr. Randels gave several examples of other franchise agreements involving the City whereby the City received monthly activity reports of complaints /concerns. Ms. Pickett stated that only written complaints were kept on file and that there were no data printouts available of complaint records. She explained that Cable Data Services prepared all the bills for Time Warner customers. Mr. Porter stated that some technical advise was needed from Time Warner's data processing individuals regarding the availability of data relative to complaints. Mr. Tim Grady stated that there should be a way to access complaint data from Time Warner's computer system and he felt that the City should have access to the information which would prove beneficial to the City. Mayor Salamone spoke against the City managing the cable business and that the City should not be inundated with another business's problems. Mr. Nicholas asked that the City Manager pursue the matter further as he was interested in having access to complaint records to allow the City some ability to monitor the amount of complaints received. Mr. Boucher summarized that four (4) members of Council were looking for ways City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 6 to monitor the complaints for accountability purposes. Mr. Porter stated that the City received a 3 % franchise fee and that the City should add some value to that money and ensure that the citizens were protected. Mrs. Mary Winchester commented on several service glitches she had encountered with Time Warner. Mr. Nicholas questioned if there were any provisions in the franchise agreement for legislative changes regarding the control or operation of cable television. Mr. Boucher commented that Section 25 dealt with re- regulation. Mr. Porter clarified that if the ordinance failed that evening, then the ordinance died; but if the ordinance was approved at first reading, it could be amended at the next workshop for second 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. 5. Resolution No 94 -55 Supporting the creation and mission of the Economic Development Commission of East Central Florida's Defense Support/Diversification Initiative. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING THE CREATING AND MISSION OF THE ECONOMIC DEVELOPMENT COMMISSION OF EAST CENTRAL FLORIDA'S DEFENSE SUPPORT /DIVERSIFICATION INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -55. Ms. Linda Weatherman, Executive Director of the Economic Development Commission (EDC) of East Central Florida, Inc., stated that the EDC was embarking on a new marketing program which emphasized industrial development and the existing industrial business base. She stated that the EDC was pursuing a Base Realignment & Closure Grant from the Florida Department of Commerce and the grant required resolutions from nearby communities. The grant would provide funding to enhance the economic development program. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 1. Ordinance No 37 -94 Amending City Code of Ordinances Chapter 2 Administration to provide for one (1) combined workshop and regular City Council meeting per month and to eliminate one (1) City Council workshW meeting per month. for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 2 -56, REGULAR MEETINGS SECTION 2 -58, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 7 WORKSHOP MEETINGS SECTION 2 -59, PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING SECTION 2 -60, PREPARATION AND NOTICE OF AGENDA SECTION 2 -62, PRESIDING OFFICER SECTION 2 -63, SERGEANT AT ARMS SECTION 2 -64, CALL TO ORDER• OUORUM• ROLL CALL SECTION 2 -65, MINUTES SECTION 2 -66, CONSIDERATION OF MATTERS BEFORE COUNCIL AND SECTION 2- 68, GENERAL DISCUSSION TO PROVIDE FOR ONE (1) COMBINED WORKSHOP AND REGULAR CITY COUNCIL MEETING PER MONTH AND TO ELIMINATE ONE (1) CITY COUNCIL WORKSHOP MEETING PER MONTH; 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. 37 -94 at first reading. Mr. Randels stated that out of the three (3) proposals presented, he favored Option No. 2 which allowed for one (1) workshop and one (1) regular meeting at the beginning of the month and one (1) combined workshop and regular meeting during the later part of the month. Mr. Nicholas questioned why any changes to the number of meetings was necessary and he felt that Council was limited in a constrained atmosphere during the combined meetings. Mayor Salamone stated that during workshop meetings Council had time to fully discuss an issue, go home and think it over, and come back ready to make a decision at the regular meeting. She felt it was in the citizen's best interests that Council have time to argue and disagree in one session and have time to think about the arguments before voting on issues. Mr. Nicholas advocated continuing with the two (2) workshop meetings per month. Mr. Berger felt that items could be staggered to allow for discussion at the beginning of the meeting. He stated that 62 meetings per year were too many. Mr. Nicholas commented that he went to all City Board meetings. Mr. Berger supported eliminating the workshop meetings as a way to eliminate repetitiveness. Mayor Salamone stated that the meetings were an important part of small City government and that citizens should have time to have a say in how the government operated. Mr. Berger stated that on the survey there was only one city which met more than Cape Canaveral and that was Cocoa Beach. Mr. Randels stated that the Cocoa Beach Commission had recently voted to eliminate workshop sessions. Mr. Berger expressed that Council and the City could run more efficiently than 62 meetings per year. He stated Councilmembers spent many hours of research time beyond the actual meeting time. Mr. Porter supported continuing on with the experiment of eliminating one (1) workshop meeting per month. Mr. Berger agreed with continuing with the experiment as well. Mr. Nicholas described items that disturbed him regarding the current method of operations such as time limits to bring up items at meetings when the meetings concluded at 10:00 p.m., and then if he held the items to the next meeting the next meeting may be canceled. Mr. Randels stated that he sometimes felt that Council rushed through the agenda and there was insufficient time to bring up personal items. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 8 Mr. Porter suggested starting the meetings at 6:30 p.m. to allow time to share ideas among Council or Mr. Berger suggested holding a one (1) hour workshop prior to the regular meeting. Mr. Nicholas stated that with the upcoming election there would be at least one (1) new individual on Council and he suggested that the issue be revisited after the election; Council concurred. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 3. Resolution No. 94 -53. Reappointing members to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Resolution No. 94 -53 reappointing Jacqueline Coates, O. "Whitey" Djuvstad and Bill Gleckner as regular members and Robert Murray as an alternate member. Ms. Miller advised that a revised Resolution No. 94 -53 and a suggested Resolution No. 94 -56 had been submitted to Council after preparation of the agenda packets due to Mr. Murray advising the Clerk's Office that he would like to be appointed as a regular member of the Board. Mr. Nicholas withdrew his motion and Mr. Porter withdrew his second to the motion. Mayor Salamone read the title of Resolution No. 94 -53. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Randels to adopt Resolution No. 94 -53 with Section 1 providing for the reappointment of Jacqueline Coates, O. "Whitey" Djuvstad and Bill Gleckner as regular members of the Beautification Board with terms to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -54. Authorizing the Mayor to enter into a Statewide Mutual Aid City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 9 Agreement for Catastrophic Disaster Response and Recovery. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -54. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. City Manager's Report. Mr. Boucher stated that he had received a letter from Brevard County Commissioner Karen Andreas regarding the parking fees at Jetty Park which would remain at a fee of $1.00. 7. Monthly Activity Reports. No comments. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add on item. 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 read the title of Resolution No. 94 -56. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to adopt Resolution No. 94 -56 to appoint Robert Murray as a regular member of the Beautification Board with a term to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC CO MMENTS: 1. Mr. Frances J. Kuhn 102 E Central Boulevard re: sewer /garbage fees. Mr. Frances Kuhn stated that he had recently purchased a condominium in Cape Canaveral and City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 10 he was seriously thinking of returning to Titusville or Merritt Island. He spoke against paying for services that he was not receiving such as vacant apartments being charged for sewer and garbage charges. He stated that the City had the opportunity to determine if apartments or buildings were vacant. Mr. Kuhn spoke at length regarding his concerns regarding City operations, specifically the sewer /garbage collection charges. He advised that he would be placing his property on the market for sale and moving out of the area. DISCUSSION: 1. Mr. Potter summarized the status of the City of Cape Canaveral vs. Royal Mansions lawsuit by explaining that there had been a hearing before Judge Evander earlier in October and Judge Evander found that the City ordinance which prohibited daily rentals was valid. Judge Evander also made a factual determination that the units in the past had been rented for periods of less than one (1) week. Mr. Potter felt that Judge Evander's rulings had significantly improved the City's position and the case had been noticed for trial shortly after the first of the year. 2. Mr. Nicholas commented that the City had received a notice of a recent Brevard County Commission meeting which included an item whereby several beachside communities were being classified with an urban County designation. He questioned the benefits of such a designation and whether or not the City should be interested in same. 3. Mr. Porter mentioned the benefits of debating issues publicly. ADJOURNMENT: There being no further business, the meeting adjourned at 9:12 P.M. Approved this 1st day of November 1994. Ln: C C. , OR ATTEST: 4 CL with G. Miller, CITY CLERK CITY COUNCIL SPECIAL MEETING November 1, 1994 A Special Meeting of the Cape Canaveral City Council was held on November 1, 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 Tern Councilmember Councilmember Councilmember City Manager Interim Assistant City Attorney City Clerk PUBLIC HEARINGS: Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present Patrick F. Healy Present Faith Miller Present 1. Discussion Re: the City of Cape Canaveral's Amended Wastewater Facilities Plan, Amended Capital Financing Plan. and Dedicated Revenue requirements. Mr. Boucher stated that Mr. Gary ReVoir, Hartman & Associates, would present an explanation of the City's Amended Wastewater Facilities Plan, Amended Capital Financing Plan, and Dedicated Revenue requirements for the wastewater /reuse project. Mr. Gary ReVoir, Hartman & Associates, stated that the information presented in the Facilities Plan was consistent with the City of Cape Canaveral's Comprehensive Plan. He stated that the Facilities Plan was developed to support the State Revolving Fund (SRF) loan application. He commented that in the preparation of the Plan, including the Capital Financing Plan, there were various documents used to support and develop the Plan (listed on References attachment). Mr. ReVoir proceeded to explain in detail each of the following items (also shown on overhead projector to the audience): • Cape Canaveral service area map showing entire City limits and the Port Canaveral area; • Existing Land Use acreages table and map, including developed and vacant acres; • Statistics: Climate - Moderate Soils - Good for development Beach soils - Not suitable for development Surface water - Banana River - Aquatic preserve Air quality - Generally good, except for periodic emissions from power plants in the area Plant & Animal Populations - WWTP will not significantly impact any endangered species City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 2 • Existing Process Flow Schematic - Existing facility is a 1.8 mgd secondary treatment facility with some partial nutrient removal capabilities; clarification, chlorination, and de- chlorination prior to a discharge into the Banana River; sludge holding and sand drying beds to dewater the sludge prior to hauling to the County landfill. • Annual Average Daily Flow Projections; • Indian River Lagoon Act, Chapter 90 -262, Laws of Florida - required owners of existing wastewater treatment facilities discharging into the Lagoon or its tributaries to: cease discharging or demonstrate the need for continued discharge by July 1, 1995, and investigate the feasibility of utilizing reclaimed water for beneficial purposes by July 1, 1992. • Population and Wastewater Flow Projections - included population projections up to the year 2013 (11,750) with a projected total anticipated flow capacity of 1.705 mgd. • Effluent disposal options - the original feasibility study submitted by Post, Buckley, Schuh & Jernigan had recommended a wetland treatment system; the City proceeded toward that wetland system until last year when the City was approached by the City of Cocoa Beach to provide reuse in a bulk quantity. The City went back and evaluated the cost effectiveness of the reuse which determined that the maximum reuse system was more cost effective. • Capital Cost Summary and Present Value Analysis of Reuse Alternatives; • Wastewater Treatment Options Analysis Summary of Nutrient Removal - the Five Stage Bardenpho nutrient removal process in combination with a maximum reuse system was the most cost effective treatment and effluent disposal alternative. • Effluent Parameters; • Wastewater Treatment Options Analysis Summary - included filtration and disinfection alternatives with continuous backwash filters and chlorination /de- chlorination being the most cost effective methods; • Sludge Treatment and Disposal Options Analysis Summary - evaluation of Class A and B sludge alternatives; dewater and dispose of sludge in County landfill being the most cost effective; City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 3 • Proposed Process Flow Schematic for the new wastewater treatment facility which included new pretreatment structures, screening, grit removal, new AWT nutrient removal facilities, chlorination and de- chlorination facilities for discharge to the river, filtration and high level chlorination for reuse applications. • Estimated Project Cost Wastewater Treatment Plant Facility Improvements - total cost including City contribution - $4,687,276 (included loan service fee, loan repayment reserve, capitalized interest estimate). • Estimated Project Cost Maximum Reuse System - total cost including City contribution - $4,995,748 (included loan service fee, loan repayment reserve, capitalized interest estimate). • Capital Financing Plan Summary - User fee increases required: 1995 - 0 %; 1996 - 24.8 %; 1997 - 2.98 %; 1998 - 0 %; 1999 - 0 %; Average residential user charge /per month /customer - 1995 - $13.92; 1996 - $17.37; 1997 - $17.89; 1998 - $17.89; 1999 - $17.89. • Implementation Schedule - Plant to be built - 1995; plant on line - 1996; complete construction of reuse system - 2/2/96; begin SRF loan repayments - 2/97. • Wastewater System Facilities Plan Recommendations - implement the following cost - effective alternatives: 1) Upgrade the treatment facility to include a new pretreatment system, treatment system additions to achieve biological nutrient removal to AWT levels, new clarification systems, and new filtration system; 2) Select the sludge management alternative of providing dewatering prior to land filling; and 3) Construct reclaimed water supply, transmission and distribution system to provide 750,000 gpd of reclaimed water to the City of Cocoa Beach pursuant to the interlocal agreement and to maximize the use of the remaining reclaimed water produced at the Cape Canaveral WWTP within the City limits of the City of Cape Canaveral. Mr. Berger questioned data included on the annual average daily flow chart. Mr. ReVoir stated that the peak flow was in 1991 and the low flow rate was in 1993. Mr. Berger questioned if a 10% contingency in the construction operation costs would be reasonable to cover unanticipated expenses. Mr. ReVoir stated that the State funding was based on the 10% contingency. Mr. Berger commented that 10% was not a realistic amount with regard to the reuse system construction. Mr. ReVoir stated that the original estimated costs were based on City of Cape Canaveral, Florida Special City Council Meeting November 1, 1994 Page 4 30% contingency, but conservative line item estimates were used along with the 10% contingency to be consistent with the State. Mr. Porter stated that Council needed to take a close look at phasing the construction of the reuse system considering the overall estimated cost of the construction of the total system. The public hearing was closed as there were no additional comments from the public. 2. Resolution No. 94 -57. Adopting the Amended Wastewater System Facilities Plan for the City of Cape Canaveral. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDED WASTEWATER SYSTEM FACILITIES PLAN FOR THE CITY OF CAPE CANAVERAL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -57. Mr. Boucher stated that Council would be adopting the City's Amended Wastewater Facilities Plan, Dedicated Revenue, and Capital Financing Plan which included maximum reuse. He stated that after the Plan was adopted it would be forwarded along with the meeting minutes to the State to reapply for total funding of the complete reuse system. Mr. Porter stated that the City could still decide to construct the reuse project in phases if necessary. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. ADJOURNMENT: There being no further business, the meeting adjourned at 6:58 P.M. Approved this 15th day of ATTEST: Faith G. Miller, CITY CLERK November 100A ATTENDEES CITY COUNCIL SPECIAL MEETING NOVEMBER 1 1994 Name � Ae`y J_ ?j 7� , 4. Y . �L k Phone No. r q! - ) %54 -39 s5 �q &7) '26? - 12 -21 Y? 9�` 1 - d er0 1 4 '0�2 ,Cs,f �s Yo 7 - 7 ' z. �SS Z �; a< < e CITY COUNCIL REGULAR MEETING November 1, 1994 A Regular Meeting of the Cape Canaveral City Council was held on November 1, 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 Interim Assistant 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 Patrick Healy Present Faith Miller Present 1. Regular City Council Meeting of October 18, 1994. Motion by Mr. Randels, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of October 18, 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. PUBLIC HEARINGS: 1. Ordinance No. 38 -94. Granting a Franchise to Time Warner Entertainment Company. L.P.. to construct, operate and maintain a cable television system in the City, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON - EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVED; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 2 USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 38 -94 at second and final reading. Mr. Randels spoke briefly regarding several key points within the franchise agreement including the customer service standards which were above and beyond the FCC standards. 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: Ouarterly budget transfers. Motion by Mr. Randels, seconded by Mr. Porter to accept the quarterly budget transfers as presented for the quarter ending September 30, 1994. Mayor Salamone stated that Council really liked to see the $106,000 placed in contingency. Mr. Randels questioned the inclusion of 50% of the sick time and 100% of the vacation time accrued as an unfunded liability. Ms. Haggerty stated that the addition was the implementation of GASB 16 which required that the FICA tax liability and pension be included as unfunded liabilities, as well as the inclusion of sick and vacation time which was standard practice. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No. 94 -58. Appointing a regular member to the Zoning Board of Adjustment. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 3 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -58 for the appointment of Earl McMillin as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Resolution No. 94 -59. Appointing a regular member to the Code Enforcement Board Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -59 for the appointment of Russell W. Ward as a regular member of the Code Enforcement Board in the Citizen designation with a term to expire on October 1, 1997. Mr. Randels suggested that new Boardmember packets be hand delivered to new Boardmembers. Mr. Nicholas suggested that an orientation session be held for new Boardmembers as well. 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. City Manager's Report. Mr. Boucher reported that 83 children attended the Halloween party sponsored by the City's Recreation Department. Mr. Boucher stated that the Department of Revenue had reviewed the City's millage certification documents and determined that it meet the Truth in Millage (TRIM) Certification. Mr. Boucher announced that the Canaveral Port Authority passed a resolution opposing Cocoa Beach's resolution on the use of the Tourist Development (TDC) funds because the TDC had City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 4 earmarked 25 % of their funds for beach renourishment in the future. Mr. Boucher stated that with regard to the State Revolving Loan (SRF) he had received word from the Department of Environmental Protection (DEP) that there had been a cut in their federal funding and that there were no funds available for the 1995 allocation. He had inquired as to what course of action could be taken by the City and DEP in Orlando stated that the City could receive a nine (9) month extension to the Indian River Lagoon Act that would extend the time limits to March 31, 1996. He stated that DEP in Tallahassee had advised that if the City was first in line for 1996 funds, the City could start drawing on the funds in October, 1995, which would allow six (6) months to construct the reuse system. Mr. ReVoir stated that the reuse system could be constructed within six (6) months. Mr. Boucher advised that Tallahassee had advised that the City should proceed with its public hearing, process the loan application and then by December the City would have an approved application ready for funding. He stated that he had been advised that it was not unusual for a funding cycle to occur without at least one community forfeiting its allocation and if the City was ready on January 1, 1995, and another community forfeited their funds, then the City would have first right to the available funds. The City had scored 865 points for its project which made it the highest scored City requesting funds. Mr. Nicholas questioned if the City had to wait until 1996 to receive the funds would the interest rate be increased and Mr. Boucher responded affirmatively based on current market trends. There was discussion regarding the availability of sewer fund reserves. Mr. Boucher stated that DEP had advised that legislation had been passed that gave cities who were mandated by the Indian River Lagoon Act priority over other cities for the SRL funds. He stated that currently the two million dollars left available in SRL funds was being distributed to three (3) communities for planning purposes. Mr. Nicholas recommended that the City approach the Brevard County Legislative Delegation for assistance. Mr. Boucher reiterated that DEP would give the City a 9 -month extension and Mr. Porter stated that the time would allow the City to complete a comprehensive survey of the City to determine who would be willing to pay for and hook up to reuse water. DISCUSSION: 1. Mr. Berger questioned the status of the reconstruction of Lift Station No. 1. Mr. Boucher advised that the Public Works Director felt it would be beneficial to wait until the beginning of 1995 to re -bid the project. 2. Mr. Berger commended Mr. Revoir for an excellent job in preparation of the Amended Wastewater Facilities Plan. City of Cape Canaveral, Florida Regular City Council Meeting November 1, 1994 Page 5 3. Mr. Nicholas referenced the notice of intent to sue with regard to the road collapse on West Central Avenue and questioned whether the City had notified its insurance company. Mr. Boucher responded that the insurance carrier had been notified and that the insurance company would be notifying the attorney that the City had no liability due to the road collapse being caused by the City of Cocoa's water main break. 4. Mr. Nicholas questioned how rapidly the City was progressing with rehabilitation of the sewer lines. Mr. Boucher stated that Mr. Gluskin was waiting for the County's bid process to be complete because he wished to piggy -back off the County's bid. ADJOURNMENT: There being no further business, the meeting adjourned at 7:28 P.M. Approved this "th day of Novayber , ,4994. C. S ilamone, MAYOR ATTEST: Faith G. Miller, CITY CLERK j CITY COUNCIL SPECIAL MEETING November 11, 1994 A Special Meeting of the Cape Canaveral City Council was held on November 11, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:00 P.M. by Councilmember Rocky Randels. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Acting Deputy City Clerk Joy Salamone Absent John Porter Absent Arthur Berger Absent Leo Nicholas Absent Rocky Randels Present Bennett Boucher Absent Susan Stills Present BUSINESS: 1. Reso lution No 94-60. Certifying results of General Election held on November 8. 1994. Mr. Randels stated that since a quorum was not present that this item be tabled and placed on the regular scheduled meeting agenda of Tuesday, November 15, 1994. ADJOURNMENT There being no further business, the meeting adjourned at 5:03 P.M. Approved thiS, 6th day of Decmizer 1994. John K. Porter, MAYOR ATTEST: Faith G. Miller, CITY CLERK CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING November 15, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on November 15, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:03 P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Interim 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 William Potter Present Faith Miller Present 1. Sneoial and Regular City Council Meetings of November 1. 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Special and Regular City Council Meetings of November 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. NEW BUSINESS: 1. Resolution No 94 -60 Certif. the Results of the General Election (November 8. 19941. Mayor Salamone read the title of the Resolution and the results of the Mayoral race and the three (3) referendum questions. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 8, 1994; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -60. 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 Pro Tem Porter, on behalf of the City Council, City administration and the citizens, presented Mayor Joy C. Salamone with a plaque in recognition of her six (6) years as Mayor. He stated that the City owed Mayor Salamone a large debt of gratitude for all efforts on behalf of the City. Mayor Salamone stated that she felt she was leaving the City in great hands, but it was also a sad time for her. She said she would miss the contact with all the constituents, City Boardmembers, City staff, and all the others she had come to know over her years as Mayor. She stated that she had a great deal of respect for all of the individuals she had served with over City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 2 the past six (6) years for all of their time and energy spent on behalf of the City. 2. Oath of Office for new Mayor. Mr. William Potter, Interim City Attorney, gave the Oath of Office to newly elected Mayor John Porter. Mr. Porter proceeded to his seat as Mayor of the City of Cape Canaveral. Mayor Porter introduced Mrs. Helen Filkins, President of the Cape Canaveral Citizens Association. Mrs. Filkins presented Mrs. Salamone with a bouquet of roses in appreciation for all of her time and efforts as Mayor over the past six (6) years. Mayor Porter stated that he was proud to be the City's new Mayor and he thanked all of his supporters and family for their support during his campaign. He stated that he would work diligently during the next three (3) years to secure the trust and faith of the individuals who had not felt that they could support him during his campaign for Mayor. He stated that he would strive to make the City's administration an administration which worked together to make things happen. He spoke briefly of his future plans for the City and commended each of the members of the City Council, the City Manager, City Attorney and City Clerk for their attributes and contributions to the City. Mayor Porter concluded by stating that the City had a fantastic team of employees and the City would be working hard toward making many positive things happen for the City. 3. Resolution No 94 -61. electing Mayor Pro Tem. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Berger to adopt Resolution No. 94 -61 with the addition of the name of Rocky Randels as Mayor Pro Tem in Section 1. Mr. Berger agreed wholeheartedly with the appointment of Mr. Randels as Mayor Pro Tem. Mr. Randels stated that he would be honored to serve. Motion carried with members voting as follows: Mayor Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No 94 -62 approving the final plat of Park Villas, Phase II. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "PARK VILLAS, PHASE II "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -62. Mr. Randels City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 3 spoke in favor of the Resolution. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 5. Discussion & Motion Re: Authorization to submit COPS FAST grant application to the U.S. Department of Justice. Mr. Boucher stated that the City had received a grant application from the U.S. Department of Justice to obtain funding for up to 75% of wages and benefits for new police officers for the City and he recommended that Council approve submittal of the grant application. Motion by Mr. Nicholas, seconded by Mr. Randels to authorize the City Manager to file the application for a COPS FAST grant from the U.S. Department of Justice. Mr. Randels spoke in favor of the application. Mayor Porter stated that the citizens had recently passed an increase in the police millage and if the grant application was approved and funding was provided by the federal government then immense pressure would be taken off the need of increasing the millage as passed by the citizens. He stated that if the City was successful in securing the grant 75% of the cost of hiring and maintaining two (2) additional police officers would be paid for three (3) years by the federal government. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 6. Discussion & Motion Re: Authorization to enter into a 1994 SBA Tree Planting Program Grant Agreement. Mr. Boucher stated that he recommended that Council authorize the City Manager to enter into the agreement with the State of Florida, Department of Agricultural & Consumer Services, for the 1994 SBA Tree Planting Program Grant. He stated that Council had included the matching funds of $26,164 in the FY 94/95 budget for a total project cost of $56,328. Motion by Mr. Nicholas, seconded by Mr. Berger to authorize the City Manager to enter into the 1994 SBA Tree Planting Program Grant Agreement. Mr. Randels stated that the City would be planting 250 trees along the presidential streets within the City beginning at Washington Avenue and progressing south. Mayor Porter stated that the grant was another example of the benefits of utilizing grant monies for City projects. He stated that the trees to be planted would be indigenous to the area and would be shade trees. Mrs. Ann Thurm stressed the importance of maintenance of the trees. Mayor Porter stated that under the SBA grant application, the City must commit to a three (3) year maintenance program of watering, fertilizing, pruning and general maintenance. He stated that the City would maintain the trees as required. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 7. Monthly Activity Reports. Mr. Nicholas asked if Council could receive additional information from the Fire Chief relative to the false alarms reflected on the monthly report. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting November 15, 1994 Page 4 8. Citv Manaeer's ReDort Mr. Boucher stated that he spoken to the Canaveral Port Authority officials and he questioned the status of the sand bypass project. He stated that the bid would be awarded that week and the low bidder submitted a bid of $4.1 million, the Army Corps of Engineers had estimated $4.3 million, and the Port expected to issue a Notice to Proceed within 30 days. The Port hoped to have the project in line within the first two (2) weeks of January, 1995. Mr. Boucher stated that the City had inquired with the Sheriff's Department the possibility of implementing a "Citizens on Patrol Program" and the Sheriff's Department had evaluated a similar program in West Palm Beach and had determined that Cape Canaveral would serve as a pilot area for the program beginning within the next two (2) months. Mayor Porter briefly described the community policing program. Mr. Boucher stated that Michael Gluskin, Public Works Director, had found a DEP Grant application for reuse projects and he had submitted the pre- application form the previous week. Mr. Boucher stated that he would be on vacation the following week. DISCUSSION: 1. Mr. Nicholas stated that the City should be very grateful for the sand that had been placed on the beaches earlier in the year since Tropical Storm Gordon had eroded so much of the sand during the past week. He stated that the sand had served as a buffer and he suggested sending a letter of thanks to the Port Authority. 2. Mr. Nicholas questioned if the City knew the status of the Internal Improvement Fund land. Mr. Boucher had not received any recent input. Mr. Randels stated that transfer of the land was in the final stages and should be completed within the next two (2) weeks, he stated that the mitigation projects were presently being completed. motffl 7.I8 te ZO6 There being no further business, the meeting adjourned at 7:30 P.M. Approved this 6th day of December 199 ,0 '> ohn K. Porter, MAYOR ATTES with G. Miller, CITY CLERK CITY COUNCIL REGULAR MEETING December 6, 1994 A Regular Meeting of the Cape Canaveral City Council was held on December 6, 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 Porter. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember City Manager Interim City Attorney City Clerk PRESENTATIONS: John Porter Present Rocky Randels Present Arthur Berger Present Leo Nicholas Present Bennett Boucher Present William Potter Present Faith Miller Present 1. Presentation by Warren A Wright Chief Environmental Public Affairs. Department of the Air Force. re: Restoration Advisory Board. Colonel Randy Bunner, Patrick Air Force Base (PAFB) Civil Engineer /Squadron Commander, representing General Robert S. Dickman, Commander of the 45th Space Wing, explained the new Restoration Advisory Board (RAB) program. The Board would be an integral part of ongoing environmental clean-up activity at PAFB and Cape Canaveral Air Force Station. He stated that members of the RAB would provide input to the clean-up processes by reviewing documentation on the individual clean-up sites that were being studied. He stated that he was seeking the City's assistance in soliciting volunteers from Cape Canaveral to become members of the RAB. Colonel Bunner stated that past practices of the Departments of Defense, Interior, and Energy had clearly polluted federal installations for many years and their main goal was to restore all of the federal installations to safe conditions and clean up any contaminated environmental sites. Colonel Bunner stated that their goals included: 1) identification of all historic sites where contamination existed; 2) determination of the extent and type of contamination at the sites and assessment of the risk to human health and environment; and 3) implementation of all actions to move or reduce the risks to human health and environment in compliance with all state and federal statutes and regulations. Warren Wright, Chief, Environmental Public Affairs, stated that the Department of Defense had committed millions of dollars to clean-up bases across the U.S. Mr. Wright further explained the specifics of the Restoration Advisory Board (RAB). He stated that individuals that were interested in Base activities and what was being done to clean-up past deficiencies were invited to volunteer for the RAB. The RAB was designed to provide a forum for discussion and public input regarding the clean -up activities. It was estimated that members of the RAB would spend approximately 30 days a year dealing with Board activities. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 2 Mr. Wright stated that interested individuals' applications would be reviewed by a Selection Committee. The Committee would be made up of members of the 45th Space Wing, along with State regulatory agency representatives that oversee Base activities and members of the community and would be chaired jointly by a member of the community elected by the members of the RAB and a senior official of the 45th Space Wing. It was anticipated that the RAB would consist of 25 -30 members and the term of office on the Board would be set by the RAB members. Mr. Wright responded to questions from Council. He stated that he had left several RAB applications with the City Clerk for distribution to interested parties and that he would be starting a press campaign to publicize the RAB information after the holidays. ADOPTION OF MINUTES: 1. Special Citv Council Meetine of N ovember 11, 1994 Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of November 11, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem. Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. 2. Combined Workshop & Regular City Council Meeting of November 15 1994. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop & Regular City Council Meeting of November 15, 1994, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Resolution No 94 -64 Electing a Successor Council Person to serve until the November 1995 Municipal Election. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NOVEMBER 1995 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Berger to appoint Buzz Petsos as a Council Member to serve until the General Election scheduled for November 7, 1995. Mr. Nicholas stated that there were two (2) individuals who had expressed interest in the position, Buzz Petsos and Helen Filkins. He stated that both individuals were very well qualified and he mentioned the experience and qualifications of both. Mr. Nicholas stated that he felt it would be in the City's best interests to select Mrs. Filkins to fill the Council vacancy. He also stated that if Mr. Petsos City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 3 was selected, the City would not suffer and he thanked both applicants for taking an interest in the City. Mr. Berger and Mr. Randels also felt that both individuals were well qualified. Mayor Porter commented that the City was very lucky to have two (2) such well qualified candidates. He stated that Mr. Petsos had come forward during the most recent election to qualify as a candidate for the Council member position that was now to be appointed. Mayor Porter agreed with Mrs. Filkins and Council that there was no doubt that the City must maintain the beaches commercial - building free. Mr. Nicholas stated that two (2) seats would be open in the November 1995 election and that Mrs. Filkins had also run for a seat on the City Council in the past. Mrs. Paula Collins, resident of Ocean Woods, explained that Mrs. Filkins was a dedicated public servant and also President of the Cape Canaveral Citizens Association. She stated that Mrs. Filkins knew the history of the City and that she would be a "guardian" over the City's best interests. Motion carried with members voting as follows: Mayor Porter For Mayor Pro Tem Randels For Councilmember Berger For Councilmember Nicholas Against 2. Oath of Office for new Councilmember. Mr. William Potter, Interim City Attorney, gave the Oath of Office to newly appointed Arthur "Buzz" Petsos. Mr. Petsos proceeded to his seat as a Council Member of the City of Cape Canaveral. After a ten- minute break, the meeting was reconvened. 3. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A LEGAL SERVICE CONTRACT WITH THE LAW FIRM OF AMARI, THERIAC & EISENMENGER, P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 4 Motion by Mr. Randels, seconded by Mr. Berger to approve Resolution No. 94 -65 authorizing entering into the legal services contract on an hourly basis. Mayor Porter stated that in the case of zoning challenges that the City would look to an outside law firm to handle any such challenge and he hoped that the City should seriously consider utilizing the firm of Potter, McClelland, Marks & Healy, P.A. Mr. Nicholas clarified that the hourly contract was for $70.00 per hour for normal services and $90.00 per hour for litigation activities. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 4. Resolution No 94 -63 Reappointing_ members to the Construction Board of Adjustment & Appeals. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -63. Mr. Berger questioned whether or not Donald Haynes was still actively building or holding an occupational license in the City. Motion by Mayor Porter, seconded by Mr. Nicholas to table the item until clarification was obtained. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Resolution No 94 -66 Appointing an alternate member to the Library Board. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter to adopt Resolution No. 94 -66 to appoint Rosann Gallagher as an alternate member of the Library Board. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 6. Resolution No 94 -67 Appointing an alternate member to the Planning & Zoning Board. oard. Mayor Porter announced that Mr. Petsos had submitted a letter which stated that he resigned City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 5 from the Planning & Zoning Board effective December 6, 1994, which allowed Council to fill the regular member vacancy promptly. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Porter, seconded by Mr. Randels to adopt Resolution No. 94 -67 appointing R. Lamar Russell as a regular member and John H. Fredrickson as an alternate member of the Planning and Zoning Board. Mayor Porter spoke in favor of both appointments and the experience and backgrounds of the appointees. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 7. Resolution No. 94 -68. Appointing a regular member to the Recreation Board. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Petsos to adopt Resolution No. 94 -68 for the appointment of Bob Gorham as a regular member of the Recreation Board. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 8. Resolution No. 94 -69 Appointing alternate members to the Zoning Board of Adjustment. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) ALTERNATE MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter to adopt Resolution No. 94 -69 appointing Marilyn A. Rigerman as the First Alternate and Joan Calvert as the Second Alternate to the Zoning Board of Adjustment. Mr. Nicholas stated that he had a conflict of interest and would not be voting on the matter. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 6 Motion carried with members voting as follows: Mayor Porter For Mayor Pro Tern Randels For Councilmember Berger For Councilmember Nicholas Abstained Councilmember Petsos For Mr. Potter stated that the only requirement for the Construction Board of Adjustment and Appeals was that the Board be composed of individuals with knowledge and experience in the technical codes such as design professionals, contractors or building industry representatives. There was no requirement that the members be residents or maintain a business within the City. Motion by Mr. Nicholas, seconded by Mr. Berger to remove Resolution No. 94 -63 from the table. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Motion carried on the original motion for Resolution No. 94 -63 with members voting as follows: Mayor Porter, For; Mayor Pro Tent Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 9. Motion Re: Annual Christmas bonuses. Motion by Mr. Randels, seconded by Mr. Berger to approve the Christmas bonuses for City employees for a total expenditure of $4,857.57 ($2,530.97 - general fund; $2,326.59 - sewer fund). Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 10. Motion Re: Approval of cooperative purchases. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the cooperative purchases as requested by the Public Works Director. Mr. Nicholas suggested that in the future that this type of item be prepared as a resolution that would list each of the items. Mayor Porter read into the record the recommended cooperative purchases: Requisition No. Vendor #2595 Western Waste Industries #2600 Brevard County Solid Waste #2573 C & S Chemicals #2599 Aramark Services Amount Materials Purchased $ 5,980 Hauling of sludge 23,010 Sludge disposal fees 15,456 WWTP chemicals 5,087.60 Employee uniforms City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 7 #2806 Glover Nisbits Oil Company 36,000 Unleaded gas Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 11. Citv Manaeer's Report. Mr. Boucher stated that Council had received a memo regarding the possibility of an add -on item, Resolution No. 94 -70, re: opposing mandated functional reclassification of roadways. He stated that he had spoken to Susan Hann, MPO Staff Director, who had indicated that no roadways within the City of Cape Canaveral would be affected by the program, but she would appreciate the City's support in adopting the Resolution. Motion by Mr. Berger, seconded by Mr. Nicholas for an add -on item. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; OPPOSING MANDATED FUNCTIONAL RECLASSIFICATION, OPPOSING MANDATED PRIORITIZATION FOR EXPENDITURE OF STATE HIGHWAY FUNDS AND SUPPORTING TRANSFERS BY MUTUAL CONSENT; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to approve Resolution No. 94 -70. Mr. Nicholas stated that a State mandate changed Central and Ridgewood Avenues from City to County streets. Mr. Randels gave a brief summary of the criteria for State roads. Mr. Nicholas stated that he would like Central and Ridgewood Avenues back under City control and he questioned what the City could do to regain control of these roads. Mr. Boucher stated that the County was responsible for maintaining Central and Ridgewood Avenues. He stated that zoning and everything else regarding the streets was still the responsibility of the City. Mr. Nicholas stated that the County's control affected speed limits set on the streets, and the construction of sidewalks /bikepaths along the affected streets as well. Mayor Porter stated that the possibility of regaining control of Central and Ridgewood Avenues may be discussion for a subsequent workshop. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Mr. Boucher distributed copies of the revenues and appropriations from the County's impact fee program and the County had agreed to set aside $93,691 for improvements to North Atlantic. He stated that the County wished to work with the City and staff to identify viable projects along City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 8 North Atlantic. He stated that impact fees could not be used for maintenance, but could be used to enhance infrastructure, i.e. sidewalks, turn lanes, etc. Mayor Porter stated that it would be worth exploring the possibility of obtaining matching fund grants for construction of bikepaths. Council concurred to further discuss the use of these funds after City staff had met further with County staff regarding the impact fees. Mr. Boucher stated that the City of Cocoa had provided information relative to a "Pilot Billing Program" for direct billing of the sewer customers within the Port. He stated that any administrative cost per customer for this billing service would be passed along to the customers. Mr. Randels spoke in favor of the billing proposal as the City had no mechanism or ability to collect sewer delinquencies from Port customers. Council concurred to initiate the Pilot Billing Program along with the associated administrative costs involved. Mr. Boucher distributed copies to Council of a draft City Goals & Action Plan that he had prepared. Mr. Boucher reported that the Brevard Legislative Delegation would be meeting on December 20, 1994, January 18, 1995 and February 3, 1995 and he questioned whether Council had any items which it wanted presented to the Delegation. Mr. Boucher stated that Mr. Nicholas had questioned a County agenda item relative to endorsement of a comprehensive street lighting safety study and he had spoken to Sue Hann regarding same. He advised that the County was reviewing the areas where night time accidents were occurring to identify needed lighting improvements. Mr. Boucher stated that he had spoken to Ed Anderson, Florida Power & Light (FPL), regarding City concerns with lighting along AlA and Mr. Anderson had driven on AlA one evening and had counted 55 lights out along AlA from the south limits of Cocoa Beach to the north limits of Cape Canaveral. Mr. Anderson would further investigate the reasons for the excessive amount of street lights out and pursue replacement of same. Mr. Nicholas mentioned that Jim McKight, City Manager of Rockledge, had been able to receive a credit from FPL due to a number of lights within Rockledge being in need of replacement. Mr. Boucher stated that Todd Peetz, Brevard County Planner, had logged in a total of 33.5 hours through November 28, 1994, on City related work. Mr. Boucher reported that Hartman & Associates would not be ready on the final design of the whole City on the reuse project until late February 1995. The bid on the wastewater plant modification and the first phase of the reuse project would be advertised and let out until the end of January, 1995. City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 9 DISCUSSION: 1. Mr. Berger questioned if Mr. Boucher had ranked the engineering firms who had responded to the City's request for proposals. Council had previously discussed "short listing" the list of 13 firms to five (5) firms who would in turn be scheduled for presentations before Council. 2. Mr. Petsos thanked Council for its support and he looked forward to working as a member of the City Council. 3. Mr. Randels stated that his goals were handwritten and he would have it typed and given out to the remainder of Council. 4. Mr. Randels stated that the following day a seminar on Economic Opportunities would be held at the Radisson Resort. 5. Mr. Randels stated that he had been selected to attend a 3 -day Advanced Institute for Elected Officials in Tallahassee. 6. Mayor Porter stated that he had previously discussed with Council the idea of Council members going out to condo /homeowner /other association meetings once every three (3) months, which would provide a total of four (4) meetings with constituents per year for each member of Council. Mr. Berger stated that he had requested a list of the number of meetings involved and Ms. Miller advised that her office was working on such a list. Discussion followed regarding the Mayor's suggestion. Mr. Berger, Mr. Petsos, and Mr. Randels expressed their interest in pursuing such meetings with area associations. 7. Mayor Porter reported on discussions that were held during a recent Local Government Cooperative Committee meeting. He stated that it had been discussed that all four (4) entities should band together to pursue road improvements through the MPO. He stated that there was quite a push to reclassify TDC monies back to beach renourishment, beach related activities and promoting tourism throughout Brevard County. Mrs. Ann Thurm commented that the TDC money had been earmarked for the County's part of the government study being completed by the Corps of Engineers. Mr. Randels stated that Mrs. Thurm was a member of the Erosion Control Advisory Board. Mayor Porter thanked Mr. Berger for his submittal of draft goals and he asked that the remaining Council members submit their draft goals as well. He advocated that the Council come together to find a common direction in order for the City to move forward. Mr. Randels stated that he served on the County's Beach Improvement Fund Board and the Board had approximately $69,000 of funds that were earmarked for beach related projects. Council was in favor of pursuing the TDC funds for planting erosion control plants or extending City of Cape Canaveral, Florida Regular City Council Meeting December 6, 1994 Page 10 dune crossovers once the sand was received. Mayor Porter stated that he hoped to include discussion of the City's Goals and Action Plan after all of Council member's goals were included on one overall draft, on the next Council meeting scheduled for December 20, 1994. Council concurred. ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 P.M. Approved this 20th day of December , 1994. K. Porter, MAYOR ATTES r jL 67 Faith G. Miller, CTI Y CL IRK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA" NAME - FIRST NAME- MIDDLE NAME NAME OF ROAR D. COUNCIL. COMMISSION. AU I HOR I Y. OR COM Mrrt11l! MAILING ADDRESS THE BOARD. COUNCIL COM MISSION. AUTHORITY OR COMMI'1 Ell ON _ WHICH I SERVE IS A UNIT OF: IY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY �J i5/I Cr � �� NAME OF POLIT ICAL SURUI VISION: L /T - [' j� �,/�� �'° i'�li ty DA7 - EON WIIIC VOTE OCCURRED MV POSITION IS: LECIIVE ❑ APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of governmcnt on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis arc not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, law, son -in -law, and daughter -in -law. A "business associate" mean s enterprise with the officer as a partner, joint venturer, coowncr of corporation arc not listed on any national or regional stock exchange). mother, son, daughter, husband, wife, father -in -law, mother -in- any person or entity engaged in or carrying on a business property, or corporate shareholder (where the shares of the ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T 'VOTE WLL BETAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form,in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 911 - 10-91 PAGE I CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING December 20, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on December 20, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:02 P.M. by Mayor Porter. ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager City Attorney City Clerk John Porter Present Rocky Randels Present Arthur Berger Absent Leo Nicholas Present Buzz Petsos Present Bennett Boucher Absent Kohn Bennett Present Faith Miller Present ADOPTION OF MINUTES: Regular City Council Meeting of December 6. 1994 Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of December 6, 1994, as presented. Motion carried with members voting as L , all follows: Mayor Porter, For; Mayor Pro Tem Randels, For; ectirteibitember Blerg , For;L r Councilmember Nicholas, For; Councilmember Petsos, For. NEW BUSINESS: Interview of rr Wective Board members. Mr. Kohn Bennett, City Attorney, directed questions to the following individuals who were interested in appointments to City Boards: Donna Boone, Tony Hernandez, III, and Nancy Young. Mayor Porter directed the City Clerk to prepare two (2) resolutions for the next Council meeting, one to appoint Ms. Boone and Mr. Hernandez as alternate members of the Code Enforcement Board and one to appoint Mrs. Young as an alternate member of the Beautification Board. 2. Resolution No. 94 -71 Reappointing a regular member to the Construction Board of Adjustment and Anneals. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 2 Motion by Mr. Randels, seconded by Mr. Petsos to approve Resolution No. 94 -71 for the reappointment of Walter Bowman to the Construction Board of Adjustment and Appeals with a term to expire on December 15, 1996. Motion carried with members voting as follows: at Mayor Porter, For; Mayor Pro Tern Randels, For; ,For; Councilmember r ,,;.;- rr C�11 � Nicholas, For; Councilmember Petsos, For. 3. Discussion & Motion Re: Short list of consultant engineering firms who responded to REP No. 94 -06 and scheduling of consultant presentations before City Council. Mayor Porter stated that each Council member had been asked to list five (5) top choices from the 13 firms who submitted proposals for consultant engineering services. He stated that the City Manager, Building Official and the Public Works Director had each submitted their top five (5) choices as well. He suggested that staff's recommendations also be considered when selecting the top five (5) choices. Mayor Porter asked the City Clerk to tabulate Council and staff's top five (5) choices while Council moved on to the next agenda item. 4. Discussion Re: City Goals, Action Plan and Mission Statement. Mayor Porter stated that he hoped to accomplish an agreement among Council for the items included on the City Goals and Action Plan and then hand the Plan to the City staff to determine timelines, whether or not there where expenses associated with implementation of each item, the potential return on any investments, and impacts /benefits of new or enhanced services. He hoped to get an agreement in principal that evening and then turn the Plan over to staff to complete proposed timelines, amount of funds involved, and the return on each investment to enable Council to decide whether or not to carry out a particular program. Mayor Porter suggested reviewing each item included in the Plan. He further explained to the audience that the action items included in the Plan were a compilation of the following: items from each member of Council and the City Manager; items identified during citizen participation process of a special Council meeting held on 3/31/94; suggestions for items for potential grant funding submitted by department heads in early 1994; and communications/City image suggestions submitted by City Clerk. The Plan was divided into seven (7) themes including: 1) City Enhancement & Beautification; 2) Planning /Economic Development/Redevelopment; 3) Public Safety; 4) Infrastructure; 5) Parks & Recreation /Culture; 6) Communications /City Image; and 7) Grant Writing /Volunteer Programs. There was general discussion regarding the potential for burying of utility lines, the large quantity of vacant office buildings within the City, and the possible need for additional code enforcement activities. Mrs. Martha Seymour presented a petition signed by residents of East Central Blvd. to the City Clerk for distribution to the City Council which requested that the Council do something to improve their neighborhood and to see "all partially constructed projects finished within a timely City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 3 fashion, absolutely, no later than one year from now. The situation has devalued our property and the City has let this go on for too long." Mrs. Seymour stated that they had approached 19 of their neighbors and of the 19, 17 signed the petition. Mayor Porter stated that Goal No. 1.3 of the Action Plan provided for 'bode enforcement activities throughout City on a proactive and cooperative basis, rather than reactive" and No. 1.3g which read "consider passage of an ordinance to limit the amount of time buildings can be under construction without substantial progress ". Mayor Porter stated that he had received numerous complaints regarding the same situation during his recent election campaign. Council concurred that the buildings needed to be finished. Mayor Porter asked, with Council's permission, for the City Attorney to work with staff to develop an ordinance to require substantial completion of building projects within a certain time frame. He stated that the ordinance was not intended to impact an individual who was building their own primary residence. He also asked that Mrs. Seymour be contacted when the matter was placed on an upcoming Council agenda. Mr. Tom Quinn stated that when some of the permits were originally pulled the SBCCI Code read differently than it presently did and prior Codes may have only allowed building permits to be effective for one (1) year. Mayor Porter stated that the proposed ordinance would need to take into consideration all future building or be adopted on a retroactive basis. He asked that the matter be scheduled as a workshop item for the Council meeting scheduled for January 12, 1995. Mayor Porter stated that the ordinance was not to address any particular properties, but was to used on a City -wide basis. Discussion continued regarding the City Goals and Action Plan beginning with Theme No. 1. City Enhancement and Beautification as follows: 1. la - Mayor Porter addressed his concept of "regreening Cape Canaveral" through the use of volunteers and his overall plan for a volunteer coordinator to establish a volunteer database based on input received from residents on volunteer application forms; item to be given to Beautification Board for development for residential areas and Commercial Development Board for commercial areas. 1.lb -c No change. 1.ld - Mr. Nicholas stated that he would like to see the City construct a bicycle path along Astronaut Boulevard to continue the bikepaths within the City to tie in with the bicycle path at the Port which would then provide a loop which would run up North Atlantic, around the Port, and back down again. He stated that the City needed to present the bikepath plans to the MPO to obtain their permission and potential funding for the additional bikepaths. l.le Research availability of funds through Brevard County MPO for the enhancement/upgrading of AIA. l.lf - To be addressed by Beautification Board. Mayor Porter spoke regarding a possible program whereby plants would be planted in residents' yards City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 4 to be maintained by the residents and the plants would be purchased through the City at a wholesale rate. He stated that the City would be in a leadership role to motivate people to plants trees and bushes in their yards to enhance their property. 1. lg - Council asked that the Public Works Department research and report back on the feasibility of a City nursery. Mr. Nicholas referenced a subscription to a market bulletin he received from the State of Florida which listed used nursery equipment for sale. 1. ih - Mayor Porter suggested that possibly the Port could incorporate landscaping into its interchange project and the entrance to the City and the City could possibly in turn supply reuse water for the project. Council asked that Mayor Porter discuss the idea of reuse water in exchange for heavy planting /landscaping at the next Local Government Cooperative committee meeting. Mr. Nicholas proposed that on the west side of AlA, where the IITF property was located, that the City allocate funds to place a new entrance sign on the subject property. There was general discussion regarding whether or not providing street sweeping services four (4) times per year was adequate. Council asked the Streets Division to address the problem and provide feedback to Council. Mr. Randels suggested scheduling one section of the City Goals and Action Plan for each subsequent Council workshop to allow further discussion and exchange of ideas. Mayor Porter felt that the Council needed to provide direction to staff, the volunteer boards, and the community as a whole in order to move forward quickly while there was momentum. 3. Discussion & Motion Re: Short list of consultant engineering firms who responded to RFP No. 94 -06, and scheduling of consultant presentations before City Council (Continued)_ Ms. Miller reported the tabulations of the short list of consultant engineering firms as follows: Based on Council & Staff's recommendations: AJT & Associates, Inc. Allen Engineering, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Stottler Stagg & Associates, Inc. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 5 Based on Council only recommendations: AJT & Associates, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Pan American Design Services, Inc. Stottler Stagg & Associates, Inc. Mayor Porter stated that he was prepared to proceed with the aggregate total recommendations including staff's input. Mr. Nicholas stated that Pan American was one of his choices and he explained his reasons for same. Motion by Mr. Randels, seconded by Mr. Nicholas to include the following six (6) firms in the short list of engineering firms to be interviewed by Council: AJT & Associates, Inc. Allen Engineering, Inc. Dyer, Riddle, Mills & Precourt, Inc. Hartman & Associates, Inc. Pan American Design Services, Inc. Stottler Stagg & Associates, Inc. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tern Randels,, For; ; Councilmember Nicholas, For; Councilmember Randels, For ;. Council concurred to schedule a special Council workshop meeting for Saturday, January 14, 1995, at 9:00 a.m. and to allocate 15 minutes for each presentation, 10 minutes for questions of each firm, and 5 minutes in between presentations. 5. Discussion Re: Quarterly meetings with constituents. Mayor Porter suggested that each Council member try to attend one condo association meeting and report back to Council on whether or not they wished to continue meeting on a regularly scheduled quarterly basis with the condo /homeowners associations throughout the City. He asked that the City Clerk's office begin scheduling Council members' attendance at the subject meetings on the basis of each Council member attending one meeting every three (3) months beginning in January 1995. Council asked that the list contain only associations which actually meet in Cape Canaveral and contain Cape Canaveral residents. Mayor Porter also mentioned that several condo associations were not included on the list and the list would be revised as needed. Mr. Randels stated that he had three (3) meetings scheduled in January with condo associations to explain the sand transfer project which would be beginning in January as well. Mayor Porter City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 6 stated that he had asked Ms. Miller to provide a written notice to all the affected homeowners along the beachfront due to the heavy equipment involved and the noise and lights 24 hours a day during the extent of the project. 6. Monthly Activity Reports. No comments. 4. Discussion Re: City Goals, Action Plan and Mission Statement. Discussion continued regarding the Action Plan: 1.lj - No change. Llk - There was general discussion regarding the feasibility of burying power lines. Mr. Randels expressed that possibly there was an option available to the City when the reuse lines were run to Cocoa Beach and the trenches were dug that then would be an appropriate time to go ahead and bury the power lines. Mayor Porter stated that FPL bad suggested that PVC pipe be laid all along the trench for the reuse lines for future use to bury power lines. He advocated studying the feasibility of laying the PVC pipe as soon as possible. Mr. Nicholas asked that the City Manager send a letter to FPL advising them that the City wished to obtain technical inputs, etc. regarding the feasibility of burying the lines and laying the PVC pipe and ask for a written response. Mayor Porter asked that the City Clerk add the action items as discussed by Council to the City Goals and Action Plan document. He also stated that Council would want to see timelines and return on investments for the action items as well. 1.2a - Gazebos and shelters along beach ends - Council concurred to delete this item. 1.2b - Ongoing project. 1.2c -d Mayor Porter asked that City staff put together a request to the TDC's Beach Improvement Committee for funds to extend beach crossovers out to where the new beach will be will the addition of the sand from the sand transfer plant and revegetation of the dunes. Mr. Randels stated that the Port had also obtain federal funds for the renourishment and replanting of the beach dunes as well. Theme No. 5, Parks & Recreation /Culture 5.1a - Recreation Dept. /Grant writer currently working on this item. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 7 5.1b - Mayor Porter referenced his idea for establishing a volunteer database. 5.1c - No change. 5.1d - Obtain input from Public Works Director regarding the potential for a manatee education /observation area with a riverside boardwalk in the vicinity of the wastewater treatment plant. 5. le - Mayor Porter spoke in favor of providing programs to address the needs of young adults ages 12 -17. Mrs. Nancy Hanson, Recreation Director, stated that she was looking into the potential for a drop -in youth center with morning activities for seniors. Mayor Porter stated that the City should look into the purchase of the United Agencies building (Master Plan concept) to be used for either City Hall expansion and /or drop -in youth center, volunteer program /grant writer offices, etc. He stated that federal or private foundation funds may be available for crime prevention and youth programs. Mayor Porter stated that Mr. Nicholas may be interested in researching the Master Plan concept for City facilities. 5.1f - No change. 5.lg - Mayor Porter suggested ways to include Cape Canaveral children in Cocoa Beach programs such as use of their olympic -size swimming pool. There was discussion regarding other partnership possibilities for recreation programs. S.Ih - Item being addressed FRDAP grant. 5.li - No change. Mayor Porter stated that the City Attorney may not need to remain through the remainder of the meeting during Council's discussion of its goals. Mr. Bennett stated that he felt it was time to start doing workshops with each of the City Boards relative to land planning issues, procedures, etc. He stated that he planned to attend a Board of Adjustment meeting prior to scheduling workshops with the City Boards. Mrs. Marilyn Rigerman stated that she had attended a seminar at BCC whereby participants had watched a video presentation regarding role playing of special exception and variance hearings and she had asked that the City purchase the video. She stated that she had asked the Board of Adjustment secretary, Susan Chapman, to make arrangements to procure the video for the City. Mr. Petsos stated that Mr. Bennett had sent the Planning & Zoning Board the Attorney General's reading of the Snyder and Jennings cases (Brevard County had requested an interpretation from the Attorney General) and he asked that Mr. Bennett interpret the Attorney General's opinion. Mr. Bennett left the meeting at this time. 5.1j -k No change. 5.11 - Change "evaluate the need for a community center /gymnasium" to a heading with items 5.1e -f as sub - headings. 5.1m - Mayor Porter stated that the item also applied to the Communications City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 8 theme as well. 5.1n - No change. There was general discussion regarding marketing strategies and communications ideas including locator maps and welcome books. Mrs. Hanson stated that Council may wish to include an item relative to researching the potential for a neighborhood community park on the east side of AlA near the north end of the City and Council concurred. Council continued discussion under Theme No. 1. City Enhancement and Beautification 1.3a -e No changes. 1.3f - Mr. Petsos stated that review of the City's sign ordinance was the next project for the Planning & Zoning Board. Mr. Randels stated that the ordinance was on the books, but was not being enforced. Mayor Porter advocated working together with the business community to promote compliance with the City's sign ordinance and he suggested inviting all individuals with non - complying signs to an evening meeting to discuss ways to bring their signs into compliance. Mr. Nicholas stated that Council needed a definitive list of violations. Mayor Porter expressed that as a group, Council and business owners, could work together to resolve the sign issue. Mr. Nicholas also asked that Code Enforcement go out and take photographs of the signs and provide a written account of the extent of each violation. Mayor Porter supported approaching the business community and explaining why the City was promoting sign compliance as an overall means of cleaning -up and improving the City's appearance. 1.3g - This item was discussed earlier in the meeting. 1.4a -b No changes. 1.4c - Architectural Review Board Ad Hoc Committee to recommend to Council the formation of an Architectural Review Board. The Architectural Review Board in conjunction with the Beautification Board and the Commercial Development Board would work together to develop a City theme. 1.4d - No change. 1.4e - Separate this item into two (2) separate items - "Research annexation possibilities for Avon -by- the -Sea area" and "Aggressively seek County /City partnership for clean -up of Avon -by- the -Sea area ". 1.4f - Delete item. Theme No. 2. Planning /Economic Development/Redevelopment 2.1a -c No changes. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 9 2.1d - Mr. Nicholas agreed to research whether or not the owner of the United Agencies facilities was even interested in selling his property. 2. le - Address this item through the Comprehensive Plan update process through the Local Planning Agency. 2.1 If - No changes. 2.lg - Delete item. 2.1h - No changes. 2.2a - Address through Commercial Development Board and Communications theme. 2.2b - Commercial Development Board. 2.2c - Commercial Development Board. Mayor Porter spoke briefly regarding the use of interns, volunteers as business liaisons to visit and provide information packets to area businesses, and the Small Business and Industry Council for an incubation center to serve as a resource center to small businesses. 2.2d -f No changes. Mayor Porter suggested that Council may want to assign areas of interest based on the themes included in the City Goals and Action Plan. Theme No. 3. Public Safety 3.la -b No changes. 3.1c - Mayor Porter explained that this item was meant to address more police visibility through the use of bicycle/walking patrols. 3.1d -e No changes. 3.1f - Community policing programs through the use of citizen volunteers. 3. lg - Council advocated more proactive, higher visibility of police through the use of bicycle and walking patrols. Mayor Porter stated that Councilmember Petsos appeared to be very interested in the public safety concerns and he may want this area to be his area of interest. 3.1h -i No changes. 3.1j - Mr. Petsos stated that if citizens called the after hours police number it was not answered. He stated that the outside phone by the Sheriff's department and signs along the beach ends listed the after hours phone number to call for a non- emergency. He felt that the calls needed to be forwarded to the central dispatch number or answered through some other type of system. Mayor Porter stated that the deputies could possibly use cellular phones to handle non - emergency calls. 3.lk -o No changes. Council concurred to address Council members' areas of interest at the next Council workshop City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 10 meeting scheduled for January 12, 1995. Theme No. 4. Infrastructure 4.1a -d No changes. 4.1e -g Mr. Randels would like to see the City's budgeting process include appropriated amounts in each years' budget to fund future capital purchases. Mayor Porter suggested looking at long -term capital purchases when placing funds into reserves and earmark the funds for specific future purchases. Mr. Nicholas stated that the City could take any surplus funds, carry the funds forward and allocate the funds for specific future purchases. Mr. Randels suggested that funds be allocated from the current year's budget to also fund future purchases. Mayor Porter asked that these items be addressed during the upcoming budget process for the FY 95/96 budget. There was general discussion regarding allowing City departments to carry over excess funds if the department were able to come in below budget to fund capital purchases for the following year. Discussion continued regarding ways to encourage departments to save funds. 4.1h -k No changes. 4.2a -f No changes. Theme No. 6. Communications /City Image and Theme No 7 Grant Writina /Volunteer Programs Mayor Porter stated that most of the items included in these themes would not cost money, but if there was an expenditure that was not in line with the budget then it would be presented to Council as a whole. He felt that the City needed an overall Communications Plan which could be prepared by the City Clerk's office. Mayor Porter asked if Council members had any concerns /problems with any of the items included in the last two themes and none were noted. Mayor Porter stated that he would like to be the first contact person for media questions or information and if a particular subject was under another Council member's area of interest that the specific Council member be the point of contact for any media related items on that subject. 1. Ms. Miller advised that Bid No. 94 -07, Tower Boulevard Paving and Drainage had been opened that day and three (3) responses were received. Staff would review same and the matter would be scheduled for January 3rd's combined Council meeting. City of Cape Canaveral, Florida Combined Workshop & Regular Council Meeting December 20, 1994 Page 11 2. Ms. Miller stated that the wastewater treatment plant was supposed to have been bid that week, but as part of the State Revolving Loan agreement it was required that the City submit the bid specifications to FDEP for approval prior to advertising the bid. The bid would probably not be advertised until later in January, 1995. 3. Ms. Miller mentioned that the following statement "This meeting may include the attendance of one (1) or more members of the Cape Canaveral City Council who may or may not participate in Board discussions held at this public meeting" would be added to all City Board meeting agendas which was recommended by an Attorney General's opinion (AGO 91- 95). 4. Mrs. Rigerman stated that Council was well aware from the election results that the referendum on nepotism had overwhelmingly passed and she was glad to be back as an alternate member of the Board of Adjustment. 5. Mr. Petsos stated that the sand bypass project would be operating on a 24 -hour a day basis and he felt that something should be put in the local newspapers regarding the project. Mayor Porter stated that he had given the matter to Ms. Miller earlier that day and Mr. Randels would be attending various condo association meetings to provide information relative to the project as well. 6. Mr. Petsos stated that he would be sending Council a copy of House Bill No. 5 entitled "Citizens Access to Public Officials" and he suggested that the City prepare a resolution to support this legislation. Council asked that this item be included on the next meeting agenda. 7. Mr. Nicholas mentioned that some of the nameplates for Board members were of a smaller typeset and size and he asked that the nameplates be replaced to provide consistency in size, etc. ADJOURNMENT: There being no further business, the meeting adjourned at 10:58 P.M. Approved this 3rd day of January , 1994. Q� �t Rocky Randels, MAYOR PRO TEM ATTEST: � Fazth G. Miller, CLERK ity of Cape Canaveral L WORKSHOP MEETING f HALL ANNEX THURSDAY muary 11, 1996 6:00 P.M. MINUTES ROLL CALL: Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Absent Mayor Pro Tem Randels Present OTHERS PRESENT: Bennett Boucher, City Manager Kohn Bennett, City Attorney Sandra Sims, City Clerk Michael Gluskin, Public Works Director Members of the Beautification Board and Commercial Development Board AlA Landscaping and Beautification. City Manager, Bennett Boucher, explained that Stottler, Stammer & Associates were instructed by the city to develop an AlA landscaping concept plan for submittal to FDOT for a 50/50 match grant which is due on February 1, 1996. Roy Cowle of SSA presented the plan designed by he and Kathleen Boursin, landscape architect. Mr. Cowle explained that the landscaping program can be approached in whole or by phase. Therefore, the plan is being illustrated in a four phase format. Mr. Cowle related that the matching funds which the city will contribute can be derived from "in- kind" service which volunteers will likely offer, as well as the re -use irrigation 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL. FL 32920 -0326 TELEPHONE 1407) 868 -1200 • FAX 1407) 799 -3170