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HomeMy WebLinkAbout09-02-1993 WorkshopCITY COUNCIL WORKSHOP MEETING SEPTEMBER 2, 1993 A Workshop Meeting of the Cape Canaveral City Council was held on September 2, 1993, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Absent Councilmember Arthur Berger Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present Acting Deputy City Clerk Susan Chapman Present BUSINESS: 1. Discussion Re: Reauest by Purcell's Distributors, Inc., for a temporary septic tank. Mayor Salamone advised that the City code did not allow septic tanks to be installed and that the code placed a hardship on property owners that did not have access to sewer lines. She explained that the only way a property owner could be allowed to use a septic tank would be by Council approval. She advised that the Planning & Zoning Board had asked Purcell's Distributors to come before City Council for permission to use a septic tank system until a City sewer line was accessible. Mr. Kancilia advised that City Council could make provisions whereby property owners who did not have accessibility to City facilities could install a septic tank on a temporary basis until City facilities were available. Mr. Kancilia reported that the Planning & Zoning Board discussed the possibility that a property owner could make a request for a temporary septic tank by requesting a variance. Mr. Kancilia explained that City Council could amend the ordinance to provide provisions for a temporary septic tank. Mayor Salamone asked that the City Attorney draft an amendment to the City code and present same at the next meeting. Mr. Kancilia concurred. Mr. Randels voiced his concern that he did not feel comfortable amending an ordinance that was specific in not allowing septic tanks. He agreed that the City needed to make provisions to meet the owner's needs. Mrs. Calvert voiced the opinion that if the City allowed Mr. Purcell to install a septic tank, that the City should also make a provision to grandfather Mr. Purcell from paying additional sewer impact fees at the time the City sewer lines were available. Mr. Kancilia responded that the City may need to make a provision to the City code to raise sewer impact fees on grandfathered septic tank users due to possible impact fee shortfalls. Mayor Salamone advised that the amendment to the City code would not take effect until September 21, 1993. Agenda this item for Tuesday. 2. Discussion Re: Tennis and Racauetball court fee increases. Mr. Boucher advised Council that the proposed new rates would be effective October 1, 1993 if approved. Agenda this item for Tuesday. 3. Discussion Re: Emergency purchase - Replacement Digester Floating Aerator for Wastewater Treatment Plant. Mr. Boucher advised that the Aerobic Digester Aerator Motor at the Wastewater Treatment Plant had failed and could not be repaired. The Wastewater Treatment Plant made an emergency purchase of a new aerator at a cost of $5,868. Agenda this item for Tuesday. • • City of Cape Canaveral, Florida City Council Workshop Meeting September 2, 1993 Page 2 4. Discussion Re: Contract for attorney services for FY 93/94. Mayor Salamone recalled that Mr. Kancilia was not present during the budget hearings and advised that a portion of attorney's fees were cut from the budget. Mayor Salamone pointed out that the FY 93/94 contract fees were not increased from last year. Mr. Kancilia advised that the $2,200 retainer per month was a fixed sum paid by the City for a specific scope of services. He explained that if the hours were expended for that fixed sum, the City attorney would not bill hourly for the excess and if the hours expended were Tess, then the City attorney would refund a credit to the City for the amount of hours unexpended at a rate of $75.00 per hour. Agenda this item for Tuesday. 5. Discussion Re: Resolution No. 93 -25, Reappointing member to the Planning & Zoning Board Mayor Salamone advised that Mr. Russell, Chairman of the Planning & Zoning Board, would not be reappointed to the Board due to new rules on nepotism. It was pointed out that the Board presently lacked a second alternate Board member. Mr. Berger advised that Lamar Russell had served twelve years on the Planning & Zoning Board and should be commended for his efforts. Mayor Salamone and City Council agreed. Mrs. Hanson advised that Mr. Russell had served on the Recreation Board and served on the committee when the City was negotiating with the County for the piece of property on which the Recreation Department was now located. She also advised that Mr. Russell served on the Recreation Building Committee. Discussion was held regarding a presentation to Mr. Russell. Mayor Salamone asked that the Secretary of the Planning & Zoning Board place the presentation as the first item on the Planning & Zoning agenda. Agenda this Resolution for Tuesday. 6. Discussion Re: Resolution No. 93 -26, Authorizing the Mayor to enter into an agreement with the Brevard County Sheriff's Department. Agenda this item for Tuesday. 7. Discussion Re: Resolution No. 93 -27, Authorizing the Mayor to enter into an agreement with the Cape Canaveral Volunteer Fire Department. Agenda this item for Tuesday. 8. Discussion Re: Ordinance No. 29 -93, Amending Chapter 685, Parking Regulations, Section 685.06, Penalties to revise the amounts charged for parking violations. Agenda this item for Tuesday. 9. City Manager's Report. Mr. Boucher reported that the Public Works Department had received approval from the Tourist Development Council to repair City dune crossovers in the amount of $5,340. Mr. Berger complimented Michael Gluskin, Public Works Director, for providing excellent and very informative monthly activity reports. Mrs. Calvert complimented Mr. Gluskin for his wonderful job performance. Mr. Boucher reported that he had spoken with Mr. Anderson from Florida, Power and Light regarding the Street Lighting Program. He explained that additional street lights would be installed in the Avon by the Sea area beginning on Ridgewood Avenue and then the Presidents streets at no additional capital cost to the City. The City would only pay the reoccurring monthly fee. Mr. Boucher advised that City Council would need to vote on the utility tax prior to it being included in the budget. Mayor Salamone requested that the utility tax ordinance be placed on the budget workshop agendas. C City of Cape Canaveral, Florida City Council Workshop Meeting September 2, 1993 Page 3 DISCUSSION: 1. Mr. Kancilia reported that both sides of the Abbott vs. City of Cape Canaveral case were notified that the trial would begin on Tuesday, September 7, 1993. He advised that Mr. Morgan and Mr. Kleving would be testifying regarding rear yards; side yards; and engineering standards. Mr. Kancilia felt confident that the City was in a good position regarding the case. 2. Mr. Randels advised that he had attended classes in Fort Lauderdale and the Department of Labor had presented the 1993 Family and Medical Leave Act. Mr. Randels distributed copies of the act. Discussion followed. 3. Mr. Randels stated that he had the opportunity to speak with Linda Loomis Shelley, Secretary for the Department of Community Affairs. He asked her to consider eliminating the requirement of the 1/4 page ad that cost the City $1,500 every time the City was not in full compliance. Mr. Randels had received a letter from Ms. Shelley informing him that the City would be mailed updates on changes regarding the Environmental Land Management Study. 4. Mayor Salamone advised that she had received a letter from Mr. Paul Googleman, Chairman of Brevard County Charter Commission, inviting the Mayor and Council to appear before the commission on Friday, October 8, 1993, at 1:00 P.M. to provide input regarding the new charter proposal for Brevard County. Agenda discussion item for Tuesday. 5. Mr. Kancilia reported that the agreement with Mr. Michael Driscoll and Dr. Morrell to cl ,c t.a h ib'did not occur. Mayor Salamone advised that Dr. Morrell to date, did -7-/,•-• plan t a tt. -Mrs. Calvert voiced concern that the City had been dragged into a dispute befweeyi owners of a condominium association. Mayor Salamone stated that - this issue was r tulous and she wanted the bush planted immediately. Dr. Randels vonteered to o & lu *act Dr. Morrell to tell him to plant the bush. J ._ /-‘ L. There being no further business, the meeting adjourned at 7:42 P.M. a ,r + Susan L. Chap an Acting Deputy City Clerk