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HomeMy WebLinkAbout12-02-1993 WorkshopCITY COUNCIL WORKSHOP MEETING DECEMBER 2, 1993 A Workshop Meeting of the Cape Canaveral City Council was held on December 2, 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 (Late) Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Attorney John Kancilia Present Deputy City Clerk Susan Chapman Present BUSINESS: 1. Discussion Re: Purchase of Lots 13 & 14, Avon -by- the -Sea (Public hearing scheduled for December 7, 1993). Agenda this item for Tuesday. 2. Discussion Re: Final plat approval for Canaveral Beach Villas. Agenda this item for Tuesday. Mayor Salamone announce that Mr. Porter would be arriving late, agenda items 3, 4, & 5 were postponed. 6. Discussion Re: Municipal Utility Tax. Mr. Nicholas advised that the utility tax ordinance had a provision to impose a utility tax on water. He suggested that if the City did not wish to impose the water tax, then that portion of the ordinance should be removed. Ms. Deborah Haggerty, City Treasurer, advised that she would perform a cost analysis to determine available revenue from a water utility tax. Agenda this item for discussion and motion for Tuesday. C City of Cape Canaveral, Florida City Council Workshop Meeting December 2, 1993 Page 6 23. City Manager's Report. Mr. Porter agreed to serve on the Economic Council with Mr. Berger as alternate. Mr. Boucher reminded Council that the Space Coast League of Cities Christmas dinner would be held on December 13th. Mr. Kancilia reported that Judge Kerry Evander had ruled in the Royal Mansions case that the individual condominium owners could not opt-out of the class lawsuit, therefore, those owners would be bound by the decision in the case. Mr. Kancilia had been informed that Judge Evander had ruled that the Fifth District Court of Appeals had upheld Judge Rainwater's decision that the condominium association was a proper representative of the class. Mr. Kancilia reported that the case regarding Cape Winds was dismissed in favor of the City. Mr. Nicholas advised that the Cape Canaveral Business Persons Association was interested in obtaining the donated shuttle float. Mr. Nicholas announced that Port Canaveral had appointed him as an alternate member to the Metropolitan Planning Organization. Mayor Salamone 8slcdel Council to set January 10, 1994, as a tentative date to hold a Spkbial Council Wo'rk5faop"Meeting to discuss the proposed changes to the City's Personnel Policy. M I Tiler? being no further buoiness, the meeting adjourned at 9:30 P.M. 11411144kitt ,k Susan L. Chapman Deputy City Clerk fi gg z • City of Cape Canaveral, Florida City Council Workshop Meeting December 2, 1993 Page 2 7. Discussion Re: Interlocal agreement with Brevard County to disburse funds collected from the $12.50 surcharge on moving traffic violations to fund Intergovernmental Emeraencv Radio Communications System (800 MHz). Mr. Porter entered the meeting at this time. Mr. Boucher advised that the Board of County Commissioners had accepted a recommendation of the City Managers and Police Chiefs Associations to authorize a $12.50 surcharge on moving violations for the purpose of funding an intergovernmental emergency radio communications (800 MHz) system. Chief David Sargeant explained the 800 MHz system. Council concurred to agenda this item for January 4th. 8. Discussion Re: Selection of Space Coast League of Cities delegates. Mayor Salamone requested that Mr. Randels be the main delegate; Mayor Salamone, 1st alternate; and Mr. Nicholas, 2nd alternate. Council concurred. Agenda this item for Tuesday. 9. Discussion Re: City's position on Charter government for Brevard County. Mr. Porter suggested that the time to voice any concerns would be after the County presented a rough draft on the Charter government. Council concurred. 10. Discussion Re: Proposed Franchise Agreement for Water Service with the City_ of Cocoa. Mr. Boucher reported that the current franchise agreement with the City of Cocoa would expire September 21, 1994. City staff had been working with the City Manager and representatives of Cocoa on the proposed draft. The draft was included in the Council members' packets for their review and comments. Ms. Haggerty advised that currently, the City paid the City of Cocoa to maintain fire hydrants at a cost exceeding $12,000 per year from the General Fund. Ms. Haggerty suggested that Council consider passing the cost onto the citizens of Cape Canaveral in lieu of direct payment to the City of Cocoa at a cost less than $1.50 per user, per year. Chief Sargeant noted that an increase in the amount of hydrants would increase the cost of maintaining the hydrants. Ms. Haggerty agreed to do a cost analysis for maintenance of fire hydrants. Agenda this item for January 4th. • City of Cape Canaveral, Florida City Council Workshop Meeting December 2, 1993 Page 3 11. Discussion Re: Termination of contract with Professional Plant Operations (PPO). Mr. Boucher reported that the Public Works Director and staff felt that the PPO services were no longer needed. Mr. Nicholas suggested that a firm comparable to PPO perform an annual audit of the operations. Council concurred. Agenda this item for Tuesday. 12. Discussion Re: Ordinance No. 43 -93, Amending City's Code of Ordinances, Section 645.23, Written Findings of Violation of Safeguards; Adding new Section 645.250) and 645.32, Variances: Conditions Governing Applications, Procedures and Violation of Conditions to Special Exception or Variance Procedure (second and final reading on December 7, 1993). Agenda this item for Tuesday. 13. Discussion Re: Ordinance No. 44 -93, Enacting Chapter 683, entitled "Vehicles for Hire ", of the Code of Ordinances of the City of Cape Canaveral. Mr. Kancilia explained various sections of the new ordinance. Discussion followed. Agenda this item for Tuesday. 14. Discussion Re: Ordinance No. 45 -93, Adopting a Dispute Resolution Process associated with the Planning & Design, Construction and Operation of Facilities financed by a loan from the State Revolving Loan Fund. Agenda this item for Tuesday. 15. Discussion Re: 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. Agenda this item for Tuesday. 16. Discussion Re: Ordinance No. 47 -93, Amending Section 683.02, Travel Upon Beach or Dune Area Prohibited, of the City's Code of Ordinances to prohibit travel upon a dune area by any vehicle and to limit travel on beaches to non - motorized vehicles. Agenda this item for Tuesday. • • City of Cape Canaveral, Florida City Council Workshop Meeting December 2, 1993 Page 4 17. Discussion Re: Ordinance No. 48 -93, Amending Section 251.01, Establishment, Membership, Terms, Qualifications, of the Code of Ordinances of the City of Cape Canaveral to require that members of the Beautification Board be registered voters. Agenda this item for Tuesday. 18. Discussion Re: Ordinance No. 49 -93, Amending Section 645.13, Board of Adjustment: Establishment and Procedure, of the City's Code of Ordinances to require that members of the Board of Adjustment be registered voters. Agenda this item for Tuesday. 19. Discussion Re: Ordinance No. 50 -93, Amending Section 263.04, Composition, of the City's Code of Ordinances to require that members of the Commercial Development Board be registered voters. Agenda this item for Tuesday. 20. Discussion Re: 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. Agenda this item for Tuesday. 21. Discussion Re: Ordinance No. 52 -93, Amending Section 257.02, Qualifications, of the City's Code of Ordinances to require that members of the Planning and Zonina Board be registered voters. Agenda this item for Tuesday. 22. Discussion Re: Ordinance No. 53 -93, Amending Section 255.01, Recreation Board Established, of the City's Code of Ordinances to require that members of the Recreation Board be registered voters. Agenda this item for Tuesday. • • City of Cape Canaveral, Florida City Council Workshop Meeting December 2, 1993 Page 5 5. Discussion Re: Christmas bonuses for City employees. Mayor Salamone advised that she had included Council on the list to receive Christmas bonuses. Mayor Salamone explained that it was expensive to attend functions on behalf of the City. Mr. Kancilia advised that Council could not grant themselves an increase in pay during their present terms. Agenda this item for Tuesday. 4. Discussion Re: Funding of Patriot's Day Parade. Mayor Salamone advised that local businesses and citizens were looking forward to the parade. Agenda this item for Tuesday. 3. Discussion Re: IITF Property. Mr. Boucher reported that Senator Grogen and Senator Futch had requested a meeting on December 7, 1993. The purpose of this meeting was to explain the City's intended use of the property. Mr. Boucher asked for direction and concurrence from Council as to what items they wished to request the legislative delegation to consider and what member of Council should attend the meeting with the City Manager to convey these issues to the senators. Mayor Salamone pointed out that the City would be receiving more than one -half of the land at a cost of $1.00 per year for up to 99 years. She felt it was unfair to the citizens of the City, the legislative delegation, and the Port, to ask the State to hold the property knowing that the City had no plan or resources to fund the property. Mr. Porter felt that the land was important to the City. He felt that the expansion of the Foreign Trade Zone into the City's boundary would adversely affect the economic base of the City. He voiced the opinion that the Port did not need the property within the next five years. He questioned if the City should ask the State to stay the legislation until the City had time to evaluate the use of the property. Mr. Arabian voiced his opinion that the State should maintain the 34 acres of land to be restored for stormwater treatment and help promote marine life as part of the lagoon system which would benefit the entire State. Discussion followed. After discussion, a majority of Council concluded that Mayor Pro Tem Porter would attend the meeting with Mr. Boucher. They would ask the legislative delegation to hold the property in obeyance until the State finalized the requirements for stormwater treatment and make it clear that the City had no preliminary plan to utilize the land. 0 City of Cape Canaveral, Florida City Council Workshop Meeting December 2, 1993 Page 6 23. City Manager's Report. Mr. Porter agreed to serve on the Economic Council with Mr. Berger as alternate. Mr. Boucher reminded Council that the Space Coast League of Cities Christmas dinner would be held on December 13th. Mr. Kancilia reported that Judge Kerry Evander had ruled in the Royal Mansions case that the individual condominium owners could not opt-out of the class lawsuit, therefore, those owners would be bound by the decision in the case. Mr. Kancilia had been informed that Judge Evander had ruled that the Fifth District Court of Appeals had upheld Judge Rainwater's decision that the condominium association was a proper representative of the class. Mr. Kancilia reported that the case regarding Cape Winds was dismissed in favor of the City. Mr. Nicholas advised that the Cape Canaveral Business Persons Association was interested in obtaining the donated shuttle float. Mr. Nicholas announced that Port Canaveral had appointed him as an alternate member to the Metropolitan Planning Organization. "frz Mayor-�;al6mone aid Council to set January 10, 1994, as a tentative date to hold a Special Council Workshop Meeting to discuss the proposed changes to the City's Personnel Policy. ..' P ti 'There being no further business, the meeting adjourned at 9:30 P.M. 1 YVICk t� Susan L. Chapman Deputy City Clerk [[@b ft: rFg