HomeMy WebLinkAbout01-04-1994 Combined Workshop and Regular MeetingI
CITY COUNCIL
COMBINED WORKSHOP & REGULAR MEETING
January 4, 1994
A Combined Workshop & Regular Meeting of the Cape Canaveral City Council was held on
January 4, 1994, 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
PRESENTATIONS:
1. 1993 Winter Beautification Awards /Best Holiday Displays:
Residential - Teri & Robbie Sigman
Multi- Family Residents of Sea Grape Court (Ocean Woods)
Commercial The American Bank
Mrs. Jackie Coates, Beautification Board, read a brief description of the award recipients'
properties and presented certificates of appreciation and the following to each of the recipients:
a gift certificate from Maggie's Nursery to Mrs. Teri Sigman and her son, Robbie Sigman, for
the Residential category; a gift certificate from Maggie's Nursery to Sandy Lawless and Kathy
Hubbard, residents of Sea Grape Court, for the Multi- Family category; and a floral arrangement
to Linda Backer, of The American Bank, for the Commercial category.
After a five - minute break, the meeting was reconvened.
2. Personal Appearance by Wayne Washburn. Trafford Realty Re: Concerns of City's
appearance.
Mr. Wayne Washburn gave a brief history of his business experience and residency in Cape
Canaveral. He stated that he was appearing before Council as a citizen, not as a representative
of Trafford Realty. He commended the City on its improved appearance and the Radisson Hotel
on its property improvements. He commented on the metal structure being constructed for a
carpet store on Astronaut Boulevard (A1A) and there not being a drug or grocery store within
Cape Canaveral. Mr. Washburn also spoke in reference to his appointment to the Planning &
Zoning Board in 1991.
Mr. Randels stated that the newly formed Commercial Development Board may be an avenue
for Mr. Washburn to address his concerns regarding commercial development within the City.
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 2
Mayor Salamone asked the City Manager to continue to monitor the landscaping and aesthetic
requirements which needed to be met on the Purcell's Distributors (carpet store) property. Mr.
Nicholas stated that in the past the City had considered an Architectural Review Board.
ADOPTION OF MINUTES:
1. Combined Workshop & Regular Meeting of December 16, 1993.
Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Combined
Workshop & Regular Meeting of December 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:
2. Ordinance No. 44 -93. Enacting Chapter 683, entitled "Vehicles for Hire". of the Code
of Ordinances of the City of Cape Canaveral. for second and final 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;
REQUIRING COMPLIANCE WITH REGULATIONS OF CHAPTER; REQUIRING
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
i
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 3
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 SCHEDULES 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.
Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 44 -93 at second and
final reading. Mr. Randels spoke in favor of the Ordinance. Mr. Kurt Ronstrom questioned
whether or not the City could ask the Port to enforce the Ordinance as well. Mayor Salamone
responded that a copy of the Ordinance would be forwarded to the Port with the request for their
cooperation in adopting similar regulations as well. Mr. Bob Hoog questioned the inspection
requirements and the potential for liability. Mr. Kancilia stated that it was ultimately the
responsibility of the City Manager to provide for inspections and he stated that the inspection
requirement would not impose liability on the City as the City was attempting to safeguard its
population by regulating taxicabs.
Mr. Nicholas stated that there was a conflict between Sec. 693.27 (15) and Sec. 683.31 of the
Ordinance which required on the application that the applicant supply information regarding any
criminal convictions, but it allowed for a permit to be issued if the applicant had not been
convicted within the last ten (10) years of a felony. Mr. Kancilia stated that he did not have any
objection to the City requiring more stringent requirements for the issuance of a permit. He
stated that the requirements to revoke a license as listed in Sec. 683.37 could also be applied to
the requirements to issue the license. Motion by Mayor Salamone, seconded by Mr. Randels
to amend the Ordinance to include the requirements to revoke a license as conditions of the
initial application. Motion carried with members voting as follows: Mayor Salamone, For;
1
•
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 4
Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For.
Motion carried on the main motion with members voting as follows: Mayor Salamone, For;
Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For.
2. 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 second and final 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. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 45 -93 at second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
3. 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 second and final reading.
Mayor Salamone read the title of the Ordinance.
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. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 46 -93 at second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
3. 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 second and final reading.
i
•
•
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 5
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. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 47 -93 at second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
5. Ordinance No. 48 -93. Amending Section 251.01. Establishment, Membership, Terms.
Oualifications. of the Code of Ordinances of the City of Cape Canaveral to require that members
of the Beautification Board be registered voters. for second and final 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,
OUALIFICATIONS, 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.
Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 48 -93 at second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
6. 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 second and final 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
I
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 6
OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 49 -93 at second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
7. 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 second and final 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 second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
8. 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. for second and final 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 second and
fmal reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
9. Ordinance No. 52 -93, Amending Section 257.02. Qualifications, of the City's Code of
I
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 7
Ordinances to require that members of the Planning and Zoning Board be registered voters, for
second and final 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. Berger to adopt Ordinance No. 52 -93 at second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
10. 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 second and final 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
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 second and
final reading. Motion carried with members voting as follows: Mayor Salamone, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
NEW BUSINESS:
1. Discussion & Motion Re: Interlocal agreement with Brevard County to disburse funds
collected from the $12.50 surcharge on moving traffic violations to fund Intergovernmental
Emergency Radio Communications System (800 MHz).
Motion by Mr. Randels, seconded by Mr. Nicholas to authorize the Mayor to execute the
interlocal agreement with Brevard County to institute a $12.50 surcharge on all moving traffic
r
1
r
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 8
violations within the City's jurisdiction. Motion carried with members voting as follows:
Mayor Salamone, For; Councilman Berger, For; Councilman Nicholas, For; Councilman
Randels, For.
2. Discussion Re: Proposed franchise agreement for water service with the City of Cocoa.
Mr. William H. Stephenson, Utilities /Public Works Director for City of Cocoa, gave a brief
background of the history of the Cocoa water system. He stated that in August, the City of
Cocoa completed a major refinancing of the water system taking advantageous of long -term low
interest rates and it had also acquired $25 million in new monies to continue to develop its well
field and to bring on line the Taylor Creek Reservoir as a supplemental water source to
guarantee its customers adequate water supplies into the next century.
Mr. Randels commented on changes included in the proposed franchise agreement. Mr.
Nicholas questioned the amount of funds that were turned over to the City of Cocoa's General
Fund from the water plant operation and Mr. Stephenson responded that it was approximately
$800,000 per year. Ms. Haggerty questioned whether or not most cities passed the costs of fire
hydrant maintenance to their customers. Mr. Stephenson stated that all of the municipalities paid
the same annual rental charge on fire hydrants to the City of Cocoa and the municipalities were
billed directly. He explained that in the unincorporated areas of the County, (44% of Cocoa's
customers) the fire hydrant fee was added to the water bills of the unincorporated customers as
a separate fee at approximately $1.00 per month per customer.
Mr. Boucher questioned the 25 % surcharge on the water rates to consumers located within Cape
Canaveral and the proposed legislation to lower the surcharge to 10%. He asked that the
language included in Section 12, Water Charges, be more specific to address the levy of the
surcharge per Florida Statutes. Mr. Stephenson stated that Florida Statutes provided the City
of Cocoa with its ability to set rates outside its City limits for water service and that the
franchise agreement could include a direct reference to that particular Florida Statute. Mr.
Kancilia stated that a reference to the general statutes would cover both parties; he would add
the following wording to the first sentence of Section 12 (a): "or the maximum surcharge
provided by any general or special State law ".
5. Discussion & Motion Re: Water Conservation Plan.
Mr. Boucher explained that the City staff had been working on the Water Conservation Plan
which had to be submitted to the St. Johns River Water Management District by January 13,
1994. He stated that the City of Cocoa had provided the City with flow control devices to be
distributed to City residents and that the City's Building Department personnel would offer the
flow control devices to residents as they came in for permits. He explained that the St. Johns
plumbing code was more restrictive than the City's and revisions would be made to the City's
plumbing code. The City would also be disseminating water conservation educational
I
I
•
1
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 9
information to the citizens. The Plan would be submitted to St. Johns for comments and its
approval. Mr. Randels questioned if St. Johns would require a dual irrigation system in new
housing developments for reuse water. Mr. Stephenson responded that if the City had a reuse
system in place then a Plan would be needed for implementation and growth of the reuse system.
He stated that the City of Cocoa's reuse system was for irrigation purposes and non - potable
uses. He commented that St. Johns was mainly interested in the use of ultralow flow plumbing
fixtures, the legal requirements for moisture sensors on irrigation systems, and xeriscape
regulations.
Motion by Mr. Randels, seconded by Mayor Salamone to approve the Water Conservation Plan
as presented. Motion carried with members voting as follows: Mayor Salamone, For;
Councilman Berger, For; Councilman Nicholas, For; Councilman Randels, For.
3. Discussion & Motion Re: Release of capital funds to fund capital equipment items and
funds to fill two (2) part-time positions.
Motion by Mayor Salamone, seconded by Mr. Randels to release the capital funds to fund the
capital equipment. Mayor Salamone stated that the City Manager had proposed a change in the
structure of the Building Department positions (upgrading to full-time Secretary II position and
reducing the full -time Code Enforcement Officer position to part-time). She asked Council for
more time to research the implications of restructuring the Building Department. She advised
that in 1993 there were 85 building permits issued, but that last month, there were 37 incidents
of Code Enforcement.
Mr. Nicholas asked for the rationale behind the proposal to change the Building Department
positions; he stated that the Council should go along with the budgeted recommendations which
were for a full-time Code Enforcement Officer and a part-time Secretary. Mayor Salamone
stated that the Building Department had not shown the need for a full-time Secretary. Mr.
Berger stated that he wanted to hear the concerns of the City Manager and the Building
Department because they would be knowledgeable as to which position required a full-time
employee. He stated that the Building Inspector (if the trend continued at approximately 85
building permits per year) could also do many of the Code Enforcement functions. He
advocated using a Building Inspector who knew the Building codes to issue Code Enforcement
violations as most of the violations were relative to building structures.
Mr. Boucher stated that he had spoken to Building Department staff and that the City was losing
an individual through retirement who had been with the City for eight (8) years who also had
secretarial skills. He advised that the Building Official felt that a full-time Secretary was needed
to handle the high volume of paperwork within the Department. He stated that having a part-
time Code Enforcement Officer who could be certified under Building Code certification would
be an asset to the Department. He stated that after looking over the overall operation of the
Department, a full -time Secretary was needed.
L
r
•
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 10
Mr. Berger stated in his contacts with Mrs. Hutcherson, she appeared to work more as a
Secretary than as a Code Enforcement Officer. Mayor Salamone stated that Mrs. Hutcherson's
secretarial work was for Code Enforcement rather than the Department as a whole. Mr.
Nicholas suggested scheduling this item for further discussion at the next workshop and asking
that the Building Department personnel be present at the workshop. Mr. Berger stated that he
was inclined to go along with Mr. Boucher's recommendation.
Mr. Boucher stated that there would be no secretarial support in the Building Department after
February 4th. Mr. Randels stated that he did not wish to downgrade anything in Code
Enforcement and that the Code Enforcement Officer for the past few months had been doing
100% secretarial work. Mr. Randels suggested discussing the item at the next workshop and
not waiting until the first workshop in February. Council concurred to schedule the item for
discussion at the next Council workshop on January 13th.
Mr. Randels stated that Florida Statutes required a certified Building Official. Mr. Boucher
explained that Mr. Kleving was submitting for his standard certification in five (5) areas; and
Mr. Morgan would be submitting his standard or limited for his Building Official status by
March 31, 1994. He explained that a limited certificate would require that the individual obtain
full certification within two (2) years. Mr. Boucher stated that if a full-time Code Enforcement
Officer was hired, he would want someone who was willing to become certified in one or more
of the building categories.
Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger,
For; Councilman Nicholas, For; Councilman Randels, For.
4. Discussion & Motion Re: Resolution No. 94 -01. Approving the final plat of Ocean
Court.
Mayor Salamone read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPROVING THE FINAL PLAT OF "OCEAN COURT "; AUTHORIZING THE
MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN
EFFECTIVE DATE.
Motion by Mr. Randels, seconded by Mayor Salamone to adopt Resolution No. 94 -01. Mr.
Nicholas stated that there were still problems with the submittal of information regarding
preliminary and final plats to the Boards or the City Council within the required time frame.
He asked that requests not be submitted to the Board unless all requirements had been met.
Mayor Salamone stated that all Boards should be notified that if an item came before them
without all the required paperwork that it should be tabled. Mr. Kancilia explained that once
an item was placed on an agenda, the determination of how to proceed was decided by that
1
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 11
particular Board. If Council wanted to limit the Board's ability to consider a matter when the
application was incomplete, then the ordinance would need to be revised. He stated that Council
may want to advise the Boards that unless all the application items were submitted that they had
no jurisdiction to take any action. Council concurred to ask Mr. Kancilia to amend the
ordinance as suggested.
Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger,
For; Councilman Nicholas, For; Councilman Randels, For.
6. Discussion Re: Possible formulation of a Cooperative Committee between the City,
Canaveral Port Authority, and the City of Cocoa Beach.
Mr. Boucher advised that Mr. Porter had suggested that elected officials from the three (3) local
entities meet once a month to address mutual concerns. Mayor Salamone volunteered to serve
as the member from Cape Canaveral. She stated that the first meeting would be Wednesday,
February 2, 1994, with the time and place to be determined later. Mr. Randels questioned
whether the committee would be composed of City staff members and /or elected officials. He
expressed his opinion that the City Managers and Port Manager be included in the committee.
Mr. Kancilia advised that there was an Attorney General's opinion which stated that boards or
commissions that were created by interlocal agreement may constitute a board or commission
subject to the Sunshine Law. If the local governmental entities had authorized the creation of
the committee and had also authorized their designee to act on their behalf as their agent or
authorized that the individual on that committee to make recommendations to the respective
governing bodies as to courses of future action, the committee would be subject to the Sunshine
Law. He suggested that the charter of the proposed Committee be one of fact fording only. Mr.
Nicholas suggested enacting a resolution denoting the limitations of its powers, functions, and
responsibilities of the Committee. Council concurred to ask Mr. Kancilia to prepare the
resolution for the next workshop.
After a five- minute break, the meeting was reconvened.
7. Discussion Re: City Attorney's Quarterly Report.
Mr. Kancilia advised that there was one item on the Quarterly Report that required Council's
attention which was the matter of Royal Mansions Condominium Association vs. the City. He
stated that Judge Evander issued an order which stated that the individual unit owners would be
members of the class which was represented by the Condominium Association and would be
bound by a judgement in that case unless the City sought a cost judgement against the
defendants. If the City intended to seek a cost judgement against the unit owners, the owners
would be allowed to opt out of the class. If the owners opted out of the class, the owners would
not be bound by the judgement which would be rendered in the case. Mr. Kancilia stated that
r
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 12
the City expected a favorable result and his recommendation to Council would be that the City
Attorney be allowed to tell Mr. Healy, who was conducting the litigation in the case, that the
City would not seek a cost judgement against the individual unit owners, thereby allowing the
City to get a judgement against the unit owners. The City could then proceed to enforce the
ordinance against the unit owners as written and the unit owners would not be able to appeal to
the court by saying that the City's ordinance was invalid if the City prevailed in the case.
Council concurred with Mr. Kancilia's recommendation.
Mr. Nicholas questioned the time limitation on the employee complaints against the City
included in the City Attorney's Quarterly Report where no further action had been taken. Mr.
Kancilia stated that depending on the type of action, the typical limitation of the actions would
be four (4) years from the date of the alleged wrongdoing on the part of the City.
8. City Manager's Report.
Mr. Boucher commented on the possibility of regulating the landing of helicopters within the
City's jurisdiction. He stated that the City had the right to only regulate a heliport business.
Mayor Salamone stated that she did not want helicopter landings in the City, except in
emergencies. She asked the City Attorney to determine if the City could eliminate the helicopter
landings in the City, except for emergencies.
Mr. Boucher stated that several local communities within the County had been certifying basic
cable service rates. A memo outlining the specifics of the certification was included in the
Councilmembers' packets. Council concurred to place the item for discussion at the next
workshop meeting.
Mr. Boucher briefly mentioned the extra contractual legal expense insurance that was included
under the City's current policy with Florida League of Cities. Mayor Salamone stated that
recently in the newspaper it was reported that three (3) Councilmembers had been before an
Ethics Commission and been acquitted of all allegations against them. She stated that it had cost
the Councilmembers tremendous out -of -pocket expenses. She explained that legal expense
insurance coverage would pay 60% of the legal fees. Mayor Salamone stated that the charges
were done in a malicious manner and she believed that the City should reimburse those
Councilmembers for the remaining 40 %. She wanted the City to pursue legal action against the
individuals who had made the malicious charges for the 40% reimbursement. Mr. Nicholas
agreed with Mayor Salamone's comments and he questioned if the errors and omissions portion
of the insurance would cover the legal fees. Mr. Boucher stated that the errors and omissions
insurance excluded ethics violations.
Mr. Kancilia advised that he would further research the possibility of the suggested litigation.
He stated that there was a provision under the ethics part of the State Statutes which allowed the
Ethics Commission to attempt to recover fees and costs against a complainant for a frivolous
i
r
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 4, 1994
Page 13
complaint. He stated that the Ethics Commission provision had a very short time frame and he
would need to determine whether or not there was another avenue of relief available. Mr.
Kancilia stated that Councilmembers were entitled under Florida Statutes, Section 111.07, for
reimbursement for successful defense of a civil action. The Statute had been interpreted to
exclude ethics complaints, but there was a common law theory of recovery which permitted
cities to reimburse Councilmembers for defense of ethics complaints because it was a part of
their duties as a Councilmember. Council concurred to have the City Attorney further research
the matter.
Mr. Boucher reminded Council that Brevard County Commissioner Karen Andreas would be
holding a town forum on Wednesday, January 5, 1994, from 7:00 to 9:00 p.m. in the Council
Chambers.
Council concurred to reschedule the Special Workshop Meeting to discuss the proposed
Personnel Rules and Regulations from January 10, 1994, to Tuesday, January 25, 1994, at 6:00
p.m.
Mr. Boucher stated he had spoken with Ron Ferland, Dyer, Riddle, Mills & Precourt, to set up
the scope of services for evaluating the current wastewater plant and the reuse option with Cocoa
Beach and the cost analysis report would be presented at the January 27th workshop meeting.
Mr. Boucher stated that he had available for Council's review a 50- minute video tape on reuse;
Mayor Salamone borrowed the tape.
Mayor Salamone asked that a discussion item regarding an Architectural Review Board be placed
on the next workshop meeting's agenda.
Ms. Haggerty mentioned that the Equity Study Commission meeting was scheduled for January
19, 1994, at 7:00 P.M., and she briefly explained the goals and objectives of the Commission.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:25 P.M.
Approved this 18th day of January , 1994.
11104
Joy S . one, MAYOR