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HomeMy WebLinkAbout11-16-1993I CITY COUNCIL REGULAR MEETING November 16, 1993 A Regular Meeting of the Cape Canaveral City Council was held on November 16, 1993, 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 Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of November 2. 1993. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular Meeting of November 2, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Calvert, For; Councilmember Randels, For. Mayor Salamone and Mayor Pro Tem Porter presented a floral arrangement and an appreciation plaque to Mrs. Joan Calvert in recognition of the outstanding service she had provided to the City in her years as a Councilmember. Mrs. Ann Thurm presented a bouquet of flowers from the Thurm family to Mrs. Calvert and thanked her for all she had done for the City. Mrs. Calvert expressed her appreciation to the City staff, her husband and friends for their unwavering loyalty and support. NEW BUSINESS: 1. Oath of Office new Councilmembers. Mr. John Kancilia, City Attorney, proceeded to give the Oath of Office to each of the newly elected Councilmembers individually: Arthur Berger, Leo Nicholas, and Rocky Randels. The three members proceeded to their seats as members of the City Council of the City of Cape Canaveral. Mr. Nicholas stated that he was honored and pleased to be a member of the City Council and thanked those who had supported him in the past and in the future. 2. Resolution No. 93 -43. electing Mayor Pro Tem. I • City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 2 Mayor Salamone 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 Mr. Randels, seconded by Mayor Salamone to approve Resolution No. 93 -43 appointing John K. Porter as Mayor Pro Tem. Mayor Salamone and Mr. Randels expressed their support of Mr. Porter as Mayor Pro Tem. 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. 93 -44. designating Councilmembers' areas of interest. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; DESIGNATING AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCIL MEMBERS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 93-44 by changing the appointed Councilmember in Section 1 from Joan Calvert to Leo Nicholas. 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. R solution No. 93 -45, authorizing approval of the use of City property for Brevard County to expand City library. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING BREVARD COUNTY, FLORIDA TO UTILIZE REAL PROPERTY OWNED BY THE CITY OF CAPE CANAVERAL TO EXPAND THE PUBLIC LIBRARY OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 93 -45. Mr. Nicholas stated that Council needed to understand that there would be costs associated for additional parking spaces due to the library expansion. He suggested that the Council not only support the expansion of the building, but also the other infrastructure needs such as additional parking spaces. Mr. Randels spoke in favor of the library expansion. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. I ID 1 1 City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 3 5. Resolution No. 93 -46, 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. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 93 -46 appointing Mr. Willie Clark as an alternate member to the Planning and Zoning 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. 6. Ordinance No. 43 -93. Amending City's Code of Ordinances, Section 645.23, Written Findin s of Violation of Safe uards° Addin. new Sections 645.2511 and 645.32 Variance ° lion Conditions G • vernin A lications Procedures and Violation of Conditions to S or Variance Procedure, for first reading. eclat Ex • 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 645.23 "WRITTEN FINDINGS OF VIOLATION OF SAFEGUARDS "; ADDING NEW SECTION 645.25(I) TO " VARIANCES: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES "; ADDING NEW SECTION 645.32 "VIOLATION OF CONDITIONS OF SPECIAL EXCEPTION OR VARIANCE: PROCEDURE "; PROVIDING FOR THE USE OF FORMS IN MAKING WRITTEN FINDINGS AND AMENDMENT THEREOF BY RESOLUTION OF THE CITY COUNCIL; PROVIDING AN ENFORCEMENT PROCEDURE; PROVIDING FOR LEGISLATIVE INTENT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 43 -93 at first reading. Mr. Randels spoke in favor of the ordinance. Mayor Salamone asked that copies of the proposed ordinance be forwarded to members of the City's Planning & Zoning Board and the Zoning Board of Adjustment for their review along with notification of when the second and final reading of the ordinance would be scheduled. 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. Motion Re: Equity Study Commission appointments for revising occupational licenses. City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 4 Mayor Salamone read the title of Resolution No. 93 -47. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING AN EQUITY STUDY COMMISSION OF THE CITY OF CAPE CANAVERAL; APPOINTING MEMBERS TO SAID COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 93 -47 to appoint Fred Fishback, J. Tim Grady, Laurel A. McCracken, James W. Means, Sr., and Kurt E. Ronstrom as regular members and Joyce Sale as an alternate member to the Equity Study Commission. Mrs. Ann Thurm questioned whether or not the members of the Commission had to be residents of the City. Ms. Deborah Haggerty, City Treasurer, advised that Florida Statutes did not require residency, but did require that each member of the Commission be a representative of the business community within the City's jurisdiction. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Motion Re: Sheriff's Department request for expenditures from Law Enforcement Trust Fund. Motion by Mr. Randels, seconded by Mr. Porter to honor the Sheriff Department's request for additional expenditures of $1,466.03 from the Law Enforcement Trust Fund for the soundproofing of the interview room and the purchase of a bicycle and accessories. 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. Motion Re: Street Sweeping Contract. Motion by Mr. Randels, seconded by Mr. Porter to authorize the City Manager to enter into a contract with Harris Sanitation for street sweeping at a cost of $4,380 for the year. Mr. Randels spoke in favor of entering into the contract as a preventative measure to help clean out the storm drains. Mr. Nicholas questioned if the City did any testing for toxic materials of the sand and debris that was accumulated during the street sweeping process. Mr. Boucher stated that he would investigate the matter further. Mr. Nicholas also questioned whether or not Council had approved the idea of street sweeping and were funds budgeted for the particular item. Mr. Boucher stated that funds were available. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against I 1 • • City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 5 Councilmember Randels For 9. Motion Re: Tree Planting Program. Mayor Salamone stated that she had moved Item No. 10 for discussion prior to Item No. 9 because the Tree Planting Program and the Lagoon Conservatory & Natural Park if approved would be funded from the same fund. Mr. Porter outlined the specifics of the Tree Planting Program which included a proposal to obtain matching grant funds of up to $35,000 from the Florida Department of Agriculture & Consumer Services. He explained that the $35,000 used by the City in order to obtain the matching funds could be actual labor by City employees or volunteers and /or it could be spread out in a maintenance contract over three (3) years. Mayor Salamone stated that she was against spending $35,000 without the commitment by City employees to take care of the trees and she stated that other trees planted by the City were dying. Mr. Porter stated that he had included in Council's packets information relative to three (3) similar projects from the Cities of Palm Bay and Rockledge, and the Merritt Island Redevelopment Project. He stated that the grant required a three year maintenance program which could be sub - contracted out. He advocated that such maintenance be contracted out to a lawn and tree service type company. He stated that the grant forced the recipients to set up an aggressive maintenance program which required mulching, fertilizer, pruning, and watering of up to 5 -7 gallons per week. Mr. Porter felt that the Tree Planting Program was for the public good and would be a very positive program. Mayor Salamone stated that she had not seen any commitment for taking care of the plants in the City. Mr. Porter stated that the Beautification Board was in support of the City allocating $35,000 toward the program and would appreciate the Council supporting the principle of the Tree Planting Program which would allow the Board to actively pursue more research regarding the program. There was further discussion regarding tree maintenance concerns. Mr. Porter stated that he had checked into tree watering and that a "water buffalo piece of equipment" could be utilized to water the trees at a relatively inexpensive cost. He stated that the funds would be coming out of the FY 94/95 budget. Mr. Randels stated that Mr. Porter wanted to bring forth an idea to Council to attempt to obtain Council's support of the project. Mr. Porter stated that the grant package would be forwarded to the City within the next month and he asked to have the Beautification Board become involved in the research and preparations for the grant proposal. Mr. Nicholas stated that the Board had proposed a Tree Planting Program for the past four (4) years. He stated that the City was a Tree City and it needed to be viable and plant some trees. Motion by Mr. Nicholas, seconded by Mr. Berger to approve the researching of grants in accordance with Mr. Porter's input and aggressively seek the grant to obtain the monies available to enter into a tree planting program. Mr. Berger expressed his support of the Tree Planting Program proposed by Mr. Porter as the most feasible, long -term, best plan to beautify A I • City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 6 the City over a 10 to 12 year period. Mayor Salamone questioned who would be in charge of writing the actual grant. Mr. Porter explained that he would like to see the Beautification Board involved in the researching of the location and placement of the trees and that City staff would complete the actual grant application. There was further discussion regarding the location of the trees and the Beautification Board and City staff involvement in same. Mayor Salamone asked that the City Manager have the Public Works Director obtain a copy of maps which indicate buried utility locations within the City for use by the Beautification Board during the planning phase of the grant application. Mr. Porter stated that the City had the cooperation of the County Forester, Roy Klingaman, and he would assist the City and the Board in the project. He asked to spearhead the program and work with the City Manager toward full implementation of the Tree Planting Program. Mayor Salamone stated that the motion allowed the Beautification Board and City staff to actively seek the grant, complete the necessary research, and apply for the grant. She advised that Mr. Gluskin as Public Works Director needed to be involved and supportive of the project from day one. Motion by Mr. Porter, seconded by Mr. Nicholas to amend the motion to allow the City to spend up to the matching funds of $35,000 for the Tree Planting Program from the Beautification funds for FY 94/95. There was further discussion regarding the amendment and the $35,000 expenditure. Motion carried on the amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 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. 11. Discussion & Motion Re: Lagoon Conservatory and Natural Park. Mr. Boucher stated that Don Arabian had presented his proposal at the last workshop meeting and had solicited Council's support for the conservatory park to be located at the wastewater treatment plant along the river. He described the requirements of the Innovative Coastal Project Funding grant that was administered by the Florida Department of Community Affairs (DCA). He stated that the grant had the following components: one million dollars in funding available statewide, 100% matching required, stand alone projects, $50,000 limit per project, and a deadline of December 1, 1993, for submittal of the grant application. Mr. Boucher stated that Mr. Arabian had the ideas and he had agreed to complete the plans and paperwork necessary I Ito • City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 7 for the grant application. Motion by Mayor Salamone, seconded by Mr. Porter to move forward with the Innovative Coastal Funding Project application. Mr. Porter questioned the advantage of rushing forward for the grant application. Mr. Boucher stated that the engineers had designated the subject area for retention ponds and the loan application also designated the entire site for the sewer project and these would need to be changed if the grant was pursued. Mr. Randels stated that he was not in favor of the park and he explained his reasons for same. He explained that he supported the idea for a park, but not in the location next to the wastewater treatment plant. He stated that the park was proposed as a conservatory which would be used as a pilot program for students to use as a working laboratory. He felt that it was possible to locate the conservatory on land that the City already owned at the end of Long Point Road which had been dedicated for a park. Mr. Randels identified further reasons for not proceeding with the conservatory including: adequate parking not available at the wastewater treatment plant site; location too far from residential neighborhoods to be used as a park; original bond purchase not paid off and the land had been designated solely for use for the wastewater treatment plant; and that there were no funds available for the matching portion of the grant. Mayor Salamone stated that the park would be for stormwater management as well so it would qualify under the bond covenant. Mr. Randels stated that it was his understanding that the park would not be used for stormwater retention and he summarized his position by stating that he did support a park, but not at the wastewater plant location. Motion failed with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against Councilmember Berger Against Councilmember Nicholas Against Councilmember Randels Against 12. City Manager's Report. Mr. Boucher advised that Keep Brevard Beautiful had requested the City's support in the amount of $1,500. Council concurred. Mr. Boucher stated that as a result of Mr. Porter's presentation to the Brevard Legislative Delegation regarding the State land that the City and Port had interests in, Senators Futch and Grogan scheduled a meeting for December 7, 1993, for City and Port representatives to further discuss the issue. Mr. Porter introduced Bill Ellis as the new legislative affairs person for the Canaveral Port Authority. Mr. Richard Lombroia, Director of Construction of the Canaveral Port Authority, stated that A I 1 1 City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 8 the discussion before the Brevard delegation had indicated that there was a 180 day time period which had lapsed resulting in the law no longer being valid. He explained that the 180 day time frame was a directory, not mandatory ruling regulating the land exchange. He stated that the Florida Department of Natural Resources (DNR) had no provision to give the land away. He stated that the Port was proposing a value for value land exchange which included identifying a piece of property along the barge canal which would be traded with the State for the property located within Cape Canaveral. He advised that it was the Port's understanding that if the City were to replace the Port in such negotiations with the State that the City would have to pay for the land or swap equal land for the property. Mr. Lombroia further stated that the land consisted of 34 acres which included two parcels along A1A, 18 acres of the riverfront property would be deeded back to the City and the remaining acreage would be utilized by the Port for the industrial development expansion of the foreign trade zone. He presented a history of events relative to the 11114 land exchange from 1987 to present. He distributed copies of an HIT' Land Exchange Chronology of Events from 1992 to present to the City Council and City staff. Mr. Lombroia asked that the City cease in its quest for the land from the State, and allow the Port to obtain the property and lease the 18 acres back to the City. He asked that if the City was successful in its negotiations with the Brevard delegation that consideration be given to the Port's future needs for an interchange in the subject area. There was further discussion regarding whether or not the 85 -acre barge canal property was buildable; the proposed land for land swap; the City's needs for stormwater management; the subject property being located within the City's boundaries; and the Port's expansion of the foreign trade zone which was perceived to be a detriment to City businesses. Mr. Lombroia stated the City's Comprehensive Plan showed the property in question as commercial property. He summarized his position by explaining that the deal was good for both the City and the Port. Mr. Lombroia stated that the Port had spent over $100,000 on its effort for the land and if the deal was taken away the Port would look to someone for compensation. Mr. Bill Ellis, Canaveral Port Authority, invited a City representative to attend the Port's meeting scheduled for the next day to explain the City's intended use of the property. He stated that a meeting was scheduled for December 7, 1993, at 1:00 P.M. in Senator Grogan's office for City and Port representatives. He expressed his opinion that the value for value land exchange was a win /win /win situation. Mr. Lombroia stated that the Port was investigating draining all of its stormwater into the basin and also looking into the possibility of the City disposing its effluent into the Port's basin as well. Mayor Salamone asked that Mr. Lombroia speak to Mr. Malcolm McClouth about meeting with her to discuss the stormwater issues further prior to the December 7th meeting. Mr. Randels stated that the City was under the impression that the land could be given to the City for the asking; if not, the City was not in a position to purchase the land. • • City of Cape Canaveral, Florida Regular City Council Meeting November 16, 1993 Page 9 A ten minute break was taken at this time, after which the meeting reconvened. Mr. Boucher advised that he would be on vacation the following week and the City Clerk would serve as Acting City Manager during that time. Mr. Boucher stated that the City of Safety Harbor wished to donate to the City a space shuttle that was made by their employees for use in their parades. He stated that the City would need to transport the shuttle back to Cape Canaveral. Council concurred to ask the City Manager to further research the logistics of transporting the shuttle model and potential storage facilities. DISCUSSION: 1. Mr. Ted Schuller, 312 Pierce Avenue, spoke in reference to a newspaper article regarding Michael Joseph Ward and the Canaveral Cab Company. He questioned who was responsible for licensing cab companies and cab drivers. He spoke against the derelict condition of the cabs and the potentially illegal activities which may be conducted in conjunction with taxicabs. Mr. Kancilia explained that the City did not have an ordinance which regulated taxicabs within the City of Cape Canaveral because the City was told that Brevard County had a strong taxicab ordinance which regulated taxicab activities in the area. Mrs. Ann Thurm stated that during her time on the Council, the City did hear that the County was in the process of passing a restrictive ordinance to license and regulate taxicabs. She stated that the County had asked all the municipalities within the County to pass similar legislation. She stated that she had asked the Council to adopt such an ordinance, but had not received support from the City Council or the former City Manager. Mrs. Thurm felt strongly that the City had a responsibility to inspect and regulate the taxicabs on City streets. Mr. Randels stated that he shared Mr. Schuller's concerns. He stated that Canaveral Cab Company was located in the Canaveral Port Authority limits. Mr. Kancilia stated that the City could regulate cab companies if they had a physical business in the City or if they picked up passengers within the City. Mr. Schuller asked the City to take care of the problem. Mayor Salamone asked the City Attorney to draft an ordinance to regulate cab companies with a place of business in the City and cab companies that picked up passengers within the City and Mr. Kancilia advised that the Sheriff's Department could enforce it. Council concurred to ask the City Attorney to draft a taxicab ordinance for the next Council workshop meeting.. ADJOURi NT There ix ing no further busine ., the meeting adjourned at 9:25 P.M. Approved this 7th day Of December , 1993 ATTES Faith G. Miller, CITY CIvERK