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HomeMy WebLinkAbout10-28-1993 Workshop• • CITY COUNCIL WORKSHOP MEETING OCTOBER 28, 1993 A Workshop Meeting of the Cape Canaveral City Council was held on October 28, 1993, 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 Joy Salamone Present Mayor Pro Tem John Porter Absent Councilmember Arthur Berger Present Councilmember Joan Calvert Absent Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present Deputy City Clerk Susan Chapman Present BUSINESS: 1. Interview of prospective Boardmembers. Mayor Salamone announced that the prospective Boardmembers to be interviewed were not in attendance. 2. Discussion Re: Wetlands project update - Hartman & Associates. Mr. Boucher reported that the plans were 90% completed and would be submitted to the Department of Environmental Protection (D.E.P.) in one week. Mr. Boucher announced that Mr. Harold Schmidt, Hartman & Associates, Inc. and Mr. Chip Swindell, Ecotech Consultants, Inc., would be answering various concerns regarding the wetlands project for the Mayor, City Council, City Manager, City Engineer, and City Staff. Mr. Schmidt stated that a number of D.E.P. concerns had been resolved for permitting. Mr. Swindell showed a configurative drawing of the project and explained the wetlands process including: seepage, bermings, cells, ponds, pond lining, and swales. Mr. Boucher questioned the main function of the deep cell. Mr. Swindell responded that the deep cell would act as a large allergy producer with an average below grade depth of ten feet with a total depth of 15 feet. Mr. Swindell stated that the system would never reach equilibrium. Mr. Gluskin read from an Environmental Protection Agency manual regarding aquacultural system including wetlands which stated "for a short period immediately after construction ponds may show excellent phosphorus removal, but this will cease once the pond bottom becomes saturated with phosphorus at equilibrium thus it appears that pond systems will remove phosphorus just long enough for the designer and contractor to collect their fee and leave town ". Mr. Swindell responded that the plants would grow into the system which would take phosphorus out of the system. He compared this system to a wetlands system in the South Florida everglades. • • City of Cape Canaveral, Florida City Council Workshop Meeting October 28, 1993 Page 2 Mr. Boucher stated that one of his main concerns was the deep marsh which would be 10 ft. below grade and unlined. Mr. Swindell responded that the head of the pond would always be higher than the head of the surrounding ground water area. Mr. Boucher questioned the slurry wall process. Mr. Swindell answered that the impact of the seepage would be insignificant to the outside areas. A Geotech from Jammal & Associates noted that the outside perimeter berm was designed as a damn to hold impact and stabilize seepage. It was further noted that the seepage rate through the non - slurry wall would be approximately 160,000 gallons of water. Mr. Swindell stated that the capacity level would be constant and would never change. Mr. Boucher and Mr. Gluskin asked various questions and voiced concerns regarding the Department of Environmental Protection permit application and overall wetlands project. Further discussion continued regarding loading rates. Mr. Swindell stated that a plant contractor would manage the plantings for six months and recommended that the City hire a contractor to perform maintenance of the berms to maintain the plant species within the wetlands for three additional years. Mr. Swindell stated that if there was a 100 year storm surge the system could drain within 24 hours. A Geotech from Jammal & Associates stated that there would be some lineage seepage out of the pond and said seepage would be intercepted by swales that were around the perimeter of the wetland. Mr. Schmidt explained that after the permit application was submitted to D.E.P., there would then be a review period. Mr. Schmidt did not foresee any problems with the permit application. Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt, voiced his concern that the mounding of ground water was located in a highly developed area and that the mounding and future land development would cause problems with the ground water level rising into the subgrades of the roadways up to the developed areas and into the parking areas at the Radisson Resort and future development in those areas. He cautioned that a thorough analysis be performed to ensure that the perimeter ditch would control the ground water level. Mr. Swindell, responding as part of the design team, assured that the "team's" concerns were not only for the wetlands, but for off -site impacts due to the wetlands. Mayor Salamone called a five minute recess after which the meeting reconvened. Council addressed their concerns regarding: water salt content and its effect on plant life; role of the Environmental Regulatory Commission pertaining to this project; off -site water impact; dismissal of stormwater conveyance system; and cost for fencing the perimeter of the wetlands site. • • City of Cape Canaveral, Florida City Council Workshop Meeting October 28, 1993 Page 3 3. Discussion Re: Ordinance No. 42 -93, Amending City's Code of Ordinances, Chapter 611, Building Code, Re: Membership of the Construction Board of Adjustment and Appeals (second and final reading November 2, 1993). Agenda this item for Tuesday. 4. Discussion Re: Suggested changes to City Board Procedures concerning special exception and variance processes. Mr. Kancilia explained that the Board of Adjustments should be specific in the findings of fact when voting on special exceptions and variances. He suggested that the City implement procedures for the Planning & Zoning Board since they make recommendations to the Board of Adjustments. Mr. Kancilia recommended that the procedures be implemented by ordinance. Council concurred. He agreed to draft an ordinance to be presented to Council at the next workshop meeting. 5. Discussion Re: Scheduling of Council meetings during upcoming holidays. Mayor Salamone announced that the December meetings all coincided with the holidays. She suggested that the December 2nd be a combined workshop and regular meeting; December 30th be canceled; and January 4th be a combined workshop and regular meeting. Council concurred. 6. City Manager's Report. Mr. Boucher reported that Mrs. Dicie Sherwin had called to inform him that she was willing to sell the two lots adjacent to City Hall for $52,500 and she would incur the closing costs. She informed him that she had an interested buyer should the City decline to purchase the property. Council concurred to post a 30 day Public Hearing Notice. Mr. Boucher reported that the Sheriff's Department had experienced a leak in the emergency generator. Three people were overcome with carbon monoxide, one had been hospitalized, due to the venting system. A new venting system was installed and the generator was relocated outside. Mr. Boucher reported that a letter had been received from Olsen Associates, Inc., informing that the Canaveral Harbor Nearshore Disposal Project had no effects on the aggravated erosion and shoreline recession in Cape Canaveral. DISCUSSION: Mr. Kancilia briefed Council on a Florida Supreme Court decision regarding Section 112.3135, F.S., Anti - Nepotism. Mr. Kancilia voiced his opinion that if a Council person was elected after the relative had already been on a board, that the person on the board was grandfathered. • • City of Cape Canaveral City Council Workshop Meeting October 28, 1993 Page 4 Mr. Kancilia questioned the ownership of Tower Boulevard. He advised that the City needed to acquire ownership before a clear title was obtained. Mr. Porter suggested that the City hire a grant writer on a commission basis. Council concurred. Mr. Randels reported that Brevard County had appropriated funds to complete the first sand feasibility study throughout Brevard County. Mrs. Ann Thurm asked if an amendment to the City Charter could be made pertaining to nepotism based on the recent Supreme Court decision. She suggested that the City asked for an Attorney General's opinion. Mr. Kancilia responded that the City could write for an attorney general's opinion, however, they prefer not to comment on City charter manuals. The most efficient way to change the City's nepotism provision would be to have another referendum, however, someone would have to file an action to declare that the City charter provision was contrary and violated state law. Brief discussion was held regarding the underwater waterflow in the wetlands. Council requested that more information be provided regarding the reproductions of underwater waterflow. Mayor Salamone stated that the water overflow problem at the Radisson Resort had existed for the past 25 years and was not the City's problem. Mayor Salamone stated that an independent firm would be hired to perform a valued engineering report on the entire wetlands project. There being no further business, the meeting adjourned at 9:50 P.M. �lA C�:xl L Susan L. Chapman Deputy City Clerk