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Home My WebLink About03-01-1994 Regular MeetingI CITY COUNCIL REGULAR MEETING March 1, 1994 A Regular Meeting of the Cape Canaveral City Council was held on March 1, 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 Present Councilmember Arthur Berger Absent Councilmember Leo Nicholas Present Councilmember Rocky Randels Absent City Manager Bennett Boucher Present City Attorney John Kancilia Present Acting Deputy City Clerk Sharon Hoover Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of February 15. 1994. Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of February 15, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. PRESENTATION: 1. Mr. Mike Miller. St. Johns River Water Management District,Re: District's upcoming projects and programs. Mr. Mike Miller, St. Johns River Water Management District, presented a series of slides projecting present and future projects and the District's financial position. Mr. Porter asked if any large deposits of potable water had been discovered in the District's research. Mr. Miller replied that none had been discovered to his knowledge. Mr. Miller held a discussion on an experimental filtering system called Baffle Boxes. Mr. Nicholas expressed interest in the system and thought perhaps the system would be beneficial to the City's wastewater plant system. Mayor Salamone requested the City Manager to further research the system and report back to Council. PUBLIC HEARINGS: 1. Ordinance No. 10 -94, Amending City's Code of Ordinances, Chapter 733. Alcoholic Beverage Sale Regulations. to change the hours of operation for Sunday liquor sales, for second and final reading. i I ■ City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 2 Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 733.01, TIME OF OPERATION REGULATED FOR ESTABLISHMENTS HOLDING STATE BEVERAGE LICENSES AND ANY OTHER COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE SERVED, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; AMENDING THE HOURS OF OPERATION FOR THE PURPOSE OF DISPENSING, SELLING, CONSUMING OR SERVING ALCOHOLIC BEVERAGES ON SUNDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Ordinance No. 10 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 2. Resolution No. 94 -06. Vacating the former sixty foot (60') roadway easement for Tower Boulevard. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; VACATING THE FORMER SIXTY FOOT (60') ROADWAY EASEMENT FOR TOWER BOULEVARD; REQUIRING THE DEDICATION OF NEW EASEMENTS TO THE CITY; REQUIRING THE CONVEYANCE OF A PARCEL OF LAND TO THE CITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter, to adopt Resolution No. 94 -06. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. NEW BUSINESS: 1. Resolution No. 94 -05. Urging the Florida Legislature to enact legislation that would grant immunity from personal civil liability. under certain circumstances, to volunteers working on behalf of nonprofit organizations and governmental entities. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD GRANT IMMUNITY FROM PERSONAL CIVIL LIABILITY, UNDER CERTAIN CIRCUMSTANCES, TO VOLUNTEERS WORKING ON BEHALF OF NONPROFIT I City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 3 ORGANIZATIONS AND GOVERNMENTAL ENTITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter, to adopt Resolution No. 94 -05. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 2. Resolution No. 94-07. Opposing Senate Bill 1405 regarding the National Flood Insurance Reform Act of 1993 and Supporting the National Flood Insurance Program (NFIP) Improvement Act of 1994. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; STRONGLY OPPOSING SENATE BILL 1405 AND HOUSE BILL 3191 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS IT IS CURRENTLY WORDED; AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LANGUAGE ACCEPTABLE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas to adopt Resolution No. 94 -07. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 3. Motion Re: Acceptance of Annual Audit Repo for FY 92/93. Motion by Mayor Salamone, seconded by Mr. Porter to accept the annual audit report for FY 92/93 as prepared by Hoyman, Dobson, & Company. Mr. Porter led a discussion regarding the permitting procedures in the Building Department. He asked Mr. Boucher if he felt comfortable with the current checks and balances. Mr. Boucher replied that the Finance Department was auditing 30% of the permits and had found no errors of any consequence. Discussion was held concerning a follow -up audit to ensure all procedures were in place and working properly. Approximate cost of the audit would be $4,500.00. Mayor Salamone asked Mr. Boucher to ascertain the exact cost of the audit and to provide proof that the program that had been implemented to audit the Building Department permitting process had resolved the problems experienced in the past. Mayor Salamone requested that Council receive a copy of the audit reports that the Finance Department had been conducting regarding the Building Department. Ms. Haggerty advised that the comment contained in the Audit Report would remain in the I City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 4 report until Hoyman, Dobson & Company conducted the next internal audit of the Building Department. Mr. Nicholas suggested that perhaps the City should go through the procedure of advertising for audit services. Mayor Salamone concurred with the suggestion. Mayor Salamone stated that she was very pleased with the financial position of the City and thanked Ms. Haggerty and Mr. Boucher for their efforts. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 4. Motion Re: Approval of lifeguard contract with Brevard County. Motion by Mr. Porter, seconded by Mr. Nicholas to approve the lifeguard contract with Brevard County in an amount not to exceed $11,290.00. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 5. Motion Re: City Manager's Evaluation. Mr. Porter stated that he had been impressed with Mr. Boucher's performance and his efforts to better himself through further education. Motion by Mr. Porter to authorize a 3.25 % merit increase for Mr. Boucher. Motion failed for lack of second. Motion by Mr. Porter to authorize a merit increase of 3.0% for Mr. Boucher. Motion failed for lack of second. Motion by Mayor Salamone to authorize a 2.5 % merit increase for Mr. Boucher. Motion failed for lack of second. Mr. Nicholas stated that he believed that Mr. Boucher had been doing a good job as City Manager; however he felt that the position was being paid too much at this time. Mayor Salamone also expressed her concerns over the base salary being topped out in the next few years. Mr. Porter expressed that in the next few years the demands on Mr. Boucher would be much greater and his salary should reflect those efforts. Motion by Mayor Salamone, seconded by Mr. Porter to authorize a lump sum bonus of 2% ($832.00) for Mr. Boucher. Mr. Porter asked Mr. Boucher for his reactions to the motion. Mr. Boucher stated that he served at the pleasure of Council and would be satisfied with whatever Council decided. Mr. Boucher stated that he appreciated the opportunity to serve Council, the community and the employees. Mr. Porter stated that when considering merit increases in the future, what value the employee brought to the job should be of utmost consideration and he would hope that the employee would keep Council aware of all progress. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. r l City of Cape Canaveral, Florida Regular City Council Meeting March 1, 1994 Page 5 Motion by Mayor Salamone, seconded by Mr. Porter to allow an add -on item to the Agenda to approve the final plat for Discovery Bay. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "DISCOVERY BAY "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Nicholas to adopt Resolution No. 94 -08. Mayor Salamone referred to the letter from Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., stating that several deficiencies existed on the final plat. Mr. Kancilia referred to the section on subdivision of land of the City's Code, and reviewed the deficiencies outlined in Mr. Ferland's letter. Mr. Nicholas asked if the items in question had been presented to the developer. Mr. Boucher stated that Mr. Tezel had been provided a letter itemizing all requirements for final plat approval. Mayor Salamone asked Mr. Tezel why the item had not been completed. Mr. Tezel responded that he had coordinated with the Building Department and had been advised that all conditions had been met. Motion by Mr. Porter, seconded by Mr. Nicholas to amend the motion to allow approval of the plat contingent upon fulfillment of the conditions as stated in the Dyer, Riddle, Mills & Precourt, Inc., letter of March 1, 1994. Mr. Nicholas stated that plat plans were routinely submitted to City Boards that were not complete. It was his opinion that from this day forth no plat plans should be considered unless all conditions were met. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For. 6. City Manager's Report No comments. i -)City of Cape Canaveral, Florida Or) Regular City Council Meeting March 1, 1994 Page 6 i DISCUSSION: 1. Mr. Nicholas stated that he felt the City should have a policy regarding who paid for paving of roadways, the developer or the City. Mayor Salamone requested that this item be included for discussion at a regular Council workshop meeting. 2. Mr. Porter requested approval on a presentation he would be making to the Economic Development Coalition on May 2, 1994. Council concurred. 3. Mr. Porter suggested that the March 31, 1994, workshop meeting be held at the Library. He stated that several representatives from various agencies in the County would be present to make presentations concerning economic development and AlA Beautification. Mr. Porter suggested that Council have some conclusions to present at the end of the meeting. Mayor Salamone suggested that the meeting be divided into two sections; presentations from 6:00 to 7:00, and facilitation from 7:00 to 8:00. Mayor Salamone volunteered to facilitate the group and bring conclusions back to the Council. 010 4. Mayor Salamone informed the group that she had been to a meeting with representatives from Port Canaveral, Cocoa Beach and Brevard County. The issues discussed were beach erosion and wastewater. The group would continue to meet monthly. f ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 P.M. Approved this 15th day of March , 1994. ; , ,, (.. .._._.S---''‘a Jo} . amone, MAYOR AT ItS1': r. 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