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HomeMy WebLinkAbout12-07-1993I CITY COUNCIL REGULAR MEETING December 7, 1993 A Regular Meeting of the Cape Canaveral City Council was held on December 7, 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 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 ADOPTION OF MINUTES: 1. Regular Meeting of November 16. 1993. Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular Meeting of November 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: 1. Motion Re: Purchase of Lots 13 & 14. Block 46. Avon -by- the -Sea. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the purchase of the two lots given public notice on November 1, 1993, Lots 13 & 14, Block 46, Avon -by- the -Sea with the seller paying the closing costs and the closing to occur after January 1, 1994, for a purchase price of $52,500. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 43 -93, Amending City's Code of Ordinances, Section 645.23, Written Findings of Violation of Safeguards; Adding new Section 645.25(1) and 645.32, Variances: Conditions Governing Applications. Procedures and Violation of Conditions to Special Exception or Variance Procedure. for second and final 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 645.23 "WRITTEN FINDINGS OF VIOLATION OF SAFEGUARDS"; ADDING NEW SECTION • City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 2 645.25(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. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 43 -93 at second and final reading. Mr. Randels questioned if the forms would be revised at future intervals and Mr. Kancilia stated that the forms could be revised by resolution. Mr. Kancilia stated that Kevin Markey, Assistant City Attorney, would review the completed forms for compliance when filed for each individual project. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: Mayor Salamone asked Mr. Boucher to brief Council on the meeting held that afternoon between Senator Grogan, Representative Futch, and representatives from the City and the Port relative to the Internal Improvement Trust Fund (111'F) land. Mr. Boucher summarized the meeting's discussion. He stated that at the meeting he had explained that since the stormwater regulations had not been issued, the City could not quantify what the treatment level would be or how much land would be needed for stormwater management. He stated that the City had asked the State to stay the land deal for at least five (5) years until stormwater regulations were released. He stated that the Canaveral Port Authority had spent approximately $160,000 on design, permitting and appraisals for the land swap. Mr. Boucher further explained the arguments presented by the Port in favor of the IITF land swap and the actions taken by the Port over the past five (5) years toward the expansion of its Foreign Trade Zone (FTZ). Mr. Boucher advised that Senator Grogan and Representative Futch were not in favor of modifying the legislation or deeding the State land to the City. He commented that the Port had stated that it was prohibited in its Charter from deeding Port property away to another entity, it could only lease property. Mr. Boucher stated that the legislative representatives did support the City's jurisdictional rights over the property which was located within City limits. He stated that the Port's Attorney had stated that the Port would comply with the law. He asked the Port directly if it would comply with the City's zoning, land development and permit regulations and the answer he received was "we will comply with the law". Mr. Kancilia stated that he would seek an opinion from the Attorney General relative to the City's jurisdictional rights over the Port's property within Cape Canaveral. Mayor Salamone questioned if the City would have a court case if the Port did not follow City rules and procedures and Mr. Kancilia advised that he felt the City had a very good legal position and an injunction would be sought preventing the Port from development of the property if it did not comply with City ordinances. r City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 3 Mr. Tim Franta, Legislative Assistant to Representative Howard Futch, recounted that the Brevard delegation had stopped the land transaction from occurring when the City had voiced its concerns. He stated that Representative Harry Goode on behalf of the Brevard Delegation had sent a letter to the Secretary of the Department of Environmental Protection asking that the deal be stopped until the City's concerns were addressed. He stated that the land transfer had been within days of completion. Mr. Franta stated that Senator Grogan and Representative Futch had stated that the Port absolutely had to follow the City's jurisdictional authority. He stated that if there were any loopholes, Senator Grogan and Representative Futch would file legislation on the City's behalf to correct such loopholes. He stated that according to the Attorney General, court cases and Florida Statutes, the City did have jurisdictional rights over the Port's property when the property was located within the City. Mr. Franta stated that the 1988 law was in effect which allowed the City to lease the 18 -acre site from the Port and the City was protected by Florida Statutes for the lease provisions. He stated that Representative Futch had asked the City and the Port to work together and he offered that if the City ever needed any assistance with the issue again that Representative Futch and Senator Grogan would willingly help the City. Mr. Kancilia informed Council that the Port's Charter (Chapter 289.22, Laws of Florida, 1953) allowed the Port the power and authority "to execute and deliver all contracts, deeds, leases, mortgages, etc. to carry out its powers". He stated that for the deal between the Port and the State to be effectuated the Port would have to deed certain property to the State. Motion by Mayor Salamone, seconded by Mr. Berger to add an agenda item. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Randels, seconded by Mr. Berger to ask the Brevard Delegation to remove the City's specific item from its agenda for December 17th's meeting. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 1. Resolution No. 93- 48,_Approving the final plat of "Canaveral Beach Villas ". Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "CANAVERAL BEACH VILLAS "; 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. 93 -48. Mr. Randels questioned if the Planning & Zoning Board's concerns about the two -hour fire wall had been resolved. Motion amended by Mayor Salamone, seconded by Mr. Randels to approve the final I City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 4 plat of Canaveral Beach Villas contingent upon the applicant's compliance with the fire wall requirement. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Motion Re: Funding of Patriot's Day Parade. Motion by Mr. Randels, seconded by Mayor Salamone to approve the transfer of up to $2,200 from the general fund contingency to be used for financing the Patriot's Day Parade. Mr. Berger questioned if the City would also be approaching City businesses for contributions and Mayor Salamone stated that contributions would be solicited. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Motion Re: Christmas bonuses for City employees. Mayor Salamone stated that the Christmas bonuses were for City employees only, not including elected officials. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the Christmas bonuses for City employees with the amounts to be determined by the employee's length of service and the funds to be taken from the special pay account for a total of $4,417.05. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For;. Councilmember Nicholas, For; Councilmember Randels, For. 4. Discussion & Motion Re: Municipal utility tax. Ms. Deborah Haggerty, City Treasurer, advised that a utility tax imposed on water at 8.53 % would net an approximate annual revenue of $70,000 and at 10% an annual revenue of approximately $85,000. She suggested keeping the utility tax on water as a viable option for budgeting purposes during the next or future budget year(s). Mayor Salamone agreed with Ms. Haggerty's suggestion and expressed that a utility tax on water should be viewed as a future revenue source. Mr. Nicholas stated that if the utility tax was imposed on the water, then the rates charged on the other utilities could be lowered below the 8.53 %. Council concurred to review the imposition of a utility tax on water in March or April of 1994, so that if needed the tax could be in place by October 1, 1994. Mayor Salamone asked the City Manager to include information regarding the water utility tax in the next City newsletter. Mr. Nicholas stated that he did not consider the utility tax to be a new tax, the tax had been available to City but never imposed. Mr. Frank Declue, 118 Buchanan Avenue, stated that he did consider it a new tax. He stated if it had never been implemented and was put into effect into 1994, it would be a new tax. Ms. Haggerty summarized her research regarding the option to bill water customers for the costs of fire hydrant maintenance. The cost would be approximately .62Q per month per water customer I City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 5 which would save the City $15,000 per year. Mayor Salamone and Mr. Randels commented that they felt that the City should continue to pay the expense for fire hydrant maintenance. 5. Motion Re: Selection of Space Coast League of Cities delegates. Motion by Mayor Salamone, seconded by Mr. Randels for Mr. Randels to serve as the City's delegate and Mayor Salamone to be the City's alternate to the Space Coast League of Cities. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Motion Re: Termination of contract with Professional Plant Operations (PPO). Motion by Mr. Nicholas, seconded by Mr. Berger to terminate the contract with Professional Plant Operations. Mayor Salamone expressed her concerns regarding the continued quality of operations at the wastewater treatment plant if current employees left the City's employ. Mr. Boucher stated that biannual audit/inspections would be conducted by an independent firm. Mayor Salamone reminded Mr. Boucher that he had guaranteed that there would be two (2) Class A Operators at the plant and he responded that if a Class A Operator left the City, he would make all efforts to fill the position with another Class A Operator. Mr. Randels expressed his concerns regarding the expensive operations of the wastewater treatment plant and the relatively small expense of utilizing PPO to monitor the plant's operations. There was further discussion regarding the contract termination and the potential need for an unbiased, professional group to monitor operations. Mr. Boucher would obtain price quotes for biannual audits /inspections. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone introduced the City of Cocoa Beach's newly elected Mayor Joe Morgan to the audience and Council. 7. Ordinance No. 44 -93, Enacting Chapter 683, entitled "Vehicles for Hire ". of the Code of Ordinances of the City of Cape Canaveral, for first reading. Mayor Salamone read the title of the Ordinance. 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; I City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 6 REQUIRING COMPLIANCE WITH REGULATIONS OF CHAPTER; REQUIRE 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 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 SCHEDULE 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 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. City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 7 Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 44 -93 at first reading. Mr. John Thomas Ward, III, 355 Polk Avenue, manager of Canaveral Cab Company, spoke against imposing restrictions regulating taxicabs identical to Cocoa Beach's taxicab regulations. He stated that the cabs were inspected by Cocoa Beach and he felt it would be undue burden to impose Cape Canaveral restrictions as well. Mr. Frank DeClue, 118 Buchanan Avenue, spoke against the "carbon copy" ordinance. Mr. Randels commented that the taxicab regulations were not meant as a punitive measure, but to insure the safety and welfare of Cape Canaveral residents. Mr. Nicholas explained that the City had taxicab regulations in the past until Brevard County advised that it would be adopting County -wide taxicab regulations. Since the County -wide regulations had not been implemented, it was necessary for the City to regulate taxicabs within its jurisdiction. Mr. Kancilia stated that the ordinance required that the taxicabs be inspected, it did not specify that the inspection be done by the City of Cape Canaveral. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. 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. for first 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. Randels, seconded by Mr. Berger to adopt Ordinance No. 45 -93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. After a ten minute break, the meeting was reconvened. 9. 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 first reading. Mayor Salamone read the title of the Ordinance. r City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 8 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. Randels, seconded by Mr. Berger to adopt Ordinance No. 46 -93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. 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, for first reading. 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. Randels, seconded by Mr. Berger to adopt Ordinance No. 47 -93 at first reading. Mr. Kancilia stated that Section 683.03 provided exceptions to the prohibitions outlined in Section 683.02, including emergency vehicle, towing vehicles, etc. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. 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. for first 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. QUALIFICATIONS, 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. I City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 9 Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 48 -93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 12. 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, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.13, 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 OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 49 -93 at first reading. Mr. Randels asked to include the word "immediately" in reference to the residency requirement for at least one year prior to appointment to a Board. Council concurred. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 13. 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., for first 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 first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 14. 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 r City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 10 voters. for first 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 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. 51 -93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 15. Ordinance No. 52 -93. Amending Section 257.02, Qualifications, of the City's Code of Ordinances to require that members of the Planning and Zoning Board be registered voters, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 257.02, OUALIFICATIONS, 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. Randels to adopt Ordinance No. 52 -93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 16. 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, for first 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 I City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 11 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 first reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 17. City Manager's Report. Mr. Boucher stated that Lt. McGee had offered to have a motorcycle officer patrol the City for 8 -16 hours per week for traffic control and to monitor the school zones for a cost of $150 per month ($1,350 per year). Mayor Salamone stated that the City had utilized a motorcycle officer on a trial basis for three months and an average of 26 tickets per month were written. Council concurred with the use of the motorcycle officer. Mr. Boucher advised that Mrs. Carl Akery, owner of Barely Used Kids Boutique, had requested use of and to sponsor the City's parade float in the Merritt Island Christmas Parade. Council concurred not to allow the use of the float because the City was prohibited from providing public property for private gain, such as sponsoring a specific business in a parade. Mr. Boucher reminded Council of the City's Employee Christmas party scheduled for Saturday, December 11, 1993. Mr. Boucher advised that the State of Florida, Department of Environmental Protection (DEP) Notice of Intent to Issue Permit for the wastewater treatment plant expansion/modification and the wetlands system would be advertised on Friday, December 10, 1993. He advised that the engineering report for the wetlands had been submitted to DEP. DISCUSSION: 1. Mr. Randels showed Council shopping bags made from recycled plastic milk jugs which were being used by Target stores in conjunction with Keep Brevard Beautiful. 2. Mr. Randels stated that the Department of Environmental Protection (DEP) had funds available for beach erosion control projects and asked if Council wished to have the City Manager submit a grant proposal for the funds. Council concurred to ask the UCF intern who would be working on grants to complete the DEP application. 3. Mr. Randels reported that the Beachsaver Reef (sand renourishment project) that was being utilized in Palm Beach had accumulated 21 feet of additional sand to its beach with the use of the concrete Beachsaver Reef structures. City of Cape Canaveral, Florida Regular City Council Meeting December 7, 1993 Page 12 4. Mr. Randels distributed information to Council relative to parliamentary procedures which he had obtained at a recent seminar he had attended. 5. Mr. Nicholas stated that the Cape Canaveral Business Association wished to take over the shuttle float which was donated to the City from the City of Safety Harbor. He asked that Mr. Boucher notify Safety Harbor that the Business Association would be contacting them regarding the float. 6. Mr. Frank Declue spoke in reference to Cablevision, the City's franchise agreement with Cablevision, and Cablevision's service standards. Mr. Kancilia explained that the City by its franchise agreement with Cablevision was granting Cablevision the right to conduct business in the City. He stated he would research whether or not the franchise agreement included any quality of service provisions. Mayor Salamone advised that the franchise agreement with Cablevision was due for renewal in September 1994. 7. Mr. Randels demonstrated the gift and skit that he had selected for the Town of Melbourne Beach for the Christmas gift exchange between cities at the Space Coast League of Cities dinner scheduled for Monday, December 13, 1993. ADJOURNMENT: There being no further business, the meeting adjourned at 8:50 P.M. Approved this 17th day of December , 1993. John K. Porter, team PRO 'ISM