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HomeMy WebLinkAbout05-17-1994 Combined Workshop and Regular Meetingr • CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING May 17, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on May 17, 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 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 City Council Meeting of May 3, 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of May 3, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that she had received a request from a citizen to address the Council before the Public Hearings portion of the meeting. Mr. George Firkins, 362 Coral Drive, explained that all of the sewer easements leading to the City's wastewater treatment plant were given to the City at no cost during the early 1960's by Shuford Mills. He briefly described the history of Shuford Mills and the City of Cape Canaveral and presented copies of the history he had prepared to Mayor Salamone. Mr. Firkins would present the Shuford Mills documents regarding sewer easements to Mr. Boucher for copies to be made to keep within the City's records. PUBLIC HEARINGS: 1. Ordinance No. 14 -94, Amending the City's Code of Ordinances, Chapter 352, Drug Free Workplace, to change the criteria for reasonable suspicion testing, and to add new sections to cover Routine Fitness for Duty Testing. Follow -Up Testing. and Injury Related Testing. 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 ITS CODE OF ORDINANCES, CHAPTER 352, DRUG FREE r City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting • May 17, 1994 Page 2 • WORKPLACE, BY AMENDING SECTION 352.03, REASONABLE SUSPICION TESTING, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO CHANGE THE CRITERIA FOR REASONABLE SUSPICION TESTING FOR THE EXISTENCE OF THE INFLUENCE OF ALCOHOL OR USE OF DRUGS BY EMPLOYEES OF THE CITY; CREATING SECTION 352.031, ROUTINE FITNESS FOR DUTY, TO REQUIRE A DRUG TEST AS A PART OF A ROUTINELY SCHEDULED EMPLOYEE FITNESS FOR DUTY MEDICAL EXAMINATION; CREATING SECTION 352.032, FOLLOW -UP TESTING, TO REQUIRE EMPLOYEES TO SUBMIT TO A FOLLOW -UP DRUG TEST WHEN THE EMPLOYEE HAS ENTERED INTO A PROGRAM RELATING TO ALCOHOL OR DRUG PROBLEMS; CREATING SECTION 352.033, INJURY RELATED TESTING, REQUIRING AN EMPLOYEE TO SUBMIT TO A DRUG TEST TO DETERMINE THE EXISTENCE OF THE USE OF DRUGS OR ALCOHOL BY THE EMPLOYEE AT THE TIME OF AN INJURY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Ordinance No. 14 -94 at second and final. reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Motion Re: Purchase of two (2) acres of land lying north of the City's existing wastewater treatment plant at a cost of $100.000 per acre. Motion by Mr. Randels, seconded by Mr. Berger to purchase two (2) acres of property lying north of the City's existing wastewater treatment plant at a cost of $100,000 per acre with $25,000 held in escrow with the seller to be applied toward the purchase and the remaining funds to be taken from the sewer expansion trust funds. Mr. Richard Stadler, Attorney, 509 Palm Avenue in Titusville, representing Mr. Firkins and Cevesco, Inc., stated that the survey prepared for the property revealed that the subject parcel of land was 2.48 acres. Mr. Kancilia stated that the City had previously agreed to purchase two (2) acres included within the legal description which described the full 2.48 acre parcel. Mr. Stadler stated that the purchase of only two (2) acres was not acceptable to Cevesco and that the property being discussed had surveyed out to equal 2.48 acres. Mr. Kancilia stated that the property surveyed to the 2.48 acres at the request of one of the Councilmembers to include the corner portion of the land and the corner portion included approximately .48 acres. He stated that the initial discussions were based on two (2) acres at $100,000 per acre. Mr. Nicholas explained that he had asked whether or not, for the same $200,000, the City could 411 square off the property lines which would raise the northern line to the tip of the apex of the curved portion of the property and apparently that added .48 acres to the property. He stated City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting • May 17, 1994 Page 3 that apparently Cevesco had decided that the .48 acres would not be included in the $200,000 price and would be valued at the $100,000 per acre price. Mr. Kancilia stated that the City had offered a price of $200,000 for 2.48 acre and it was communicated to the City that the price was unacceptable and that Cevesco would accept $100,000 per acres. Subsequent discussions led to the proposed purchase of two (2) acres at a price of $200,000. Mr. Firkins stated that last year Cevesco had entered into a contract with the City for $2.6 million for approximately 40 acres of land. He stated that in all fairness Shuford Mills (Cevesco) had done a tremendous amount for Cape Canaveral and he felt that not many firms would allow the $25,000 option money to be credited toward the purchase. Mr. Kancilia stated that there was no dispute regarding the price per acre, but the City was only in the market for two (2) acres. Mayor Salamone stated that there may have been a misunderstanding, but it had been the Councilmember's intent with his suggestion to square off the property at the same purchase price of $200,000. Mr. Firkins stated that one of the Councilmembers offered to split the difference on the .48 acres price and he stated that he was • willing to sell the 2.48 acres for $224,000. He stated that $25,000 would be credited against the purchase price and Mr. Stadler affirmed that the offer was the purchase of 2.48 acres at a price of $224,000 with the $25,000 being credited against the purchase price of $224,000. Mr. Randels questioned if the City would have to post its intent to purchase 2.48 acres at $224,000 for an additional 30 days prior to acting on the proposed purchase. Mr. Kancilia stated that he would have to take the matter under advisement; he stated that Council could make the motion, but may have to rescind the motion at a subsequent meeting after he had researched the matter further. Motion by Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for the purchase of the additional .48 acres at a cost of $24,000 with the total cost of $224,000 for the 2.48 acres for sewer plant expansion. Mr. Kancilia stated that if the City had to re- advertise the .48 acres purchase, the motion would be invalid. Mayor Salamone stated that she could not support the amendment based on the legal liability, but she would be willing to take a straw vote. Mr. Kancilia concluded that to increase the purchase price would be invalid because Florida Statute provisions required approval of the option contract and the option contract before Council was for $200,000 and that was the purchase price which had been advertised. Mr. Nicholas stated that on the basis of that decision he rescinded his amendment. Mr. Porter withdrew his second to the amendment. Motion by Mr. Porter, seconded by Mr. Berger to table the matter. Motion carried with r • City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 4 members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone directed staff to post the 30 day notice for the 2.48 acre purchase. NEW BUSINESS: 1. Discussion & Motion Re: Quarterly budget transfers. Ms. Deborah Haggerty, City Treasurer, explained the submitted budget transfers for the second quarter of FY 93/94 and stated that City Gas Company franchise fees came in at a higher ratio than previously anticipated. She stated that there was a general fund contingency of $19,411. Mayor Salamone and Mr. Randels commended Ms. Haggerty for her budget reporting techniques. Mr. Randels expressed his appreciation to the Public Works Department staff for the $4,400 of funds collected for lot mowing and .clearing which was approximately 100 times what was collected the previous year. He stated that he was concerned that last year only $42.00 was collected in lot mowing fees. He expressed his concern regarding the City paying property tax for the copy machine equipment since it was still shown on the owner's inventory. Mr. Kancilia stated that the provision to pay the property tax was included in the standard lease. There was also discussion regarding the increased lifeguard contract fees. Motion by Mr. Randels, seconded by Mr. Porter to approve the quarterly budget transfers for the quarter ending 3/31/94 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For;. Councilmember Nicholas, For; Councilmember Randels, For. 2. Discussion & Motion Re: Ordinance No. 18 -94. Amending City's Code of Ordinances. Chapter 38, Fire Prevention and Protection by providing for fire inspection fees, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY ADDING SECTION 38 -2 TO PROVIDE FOR FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. • Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 18 -94 at first reading. Dave Sargeant, Fire Chief, explained that Council had requested the ordinance to provide for City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting • May 17, 1994 Page 5 • • fire inspection fees. He stated that the fees would be collected at the time the occupational license was issued and the fees for plan reviews would be collected at the time of the issuance of the building permits. The revenue from the fees would be placed in the general fund to offset the cost of the fire inspections. Mr. Sargeant explained the multi - family and commercial fire inspections covered by the ordinance. He stated that the fire inspections had been done in the past, but no fees had been charged to offset the cost of the inspections. Mr. Kancilia stated that the City could charge fees which were commensurate with the cost of regulation and the fees could not be used as a tax or revenue source, but only to defray the cost of the administration of the fire inspections. There was discussion regarding changes which needed to be made to the ordinance including clarification of (d)(1)(b) on page 4 referencing residential (permitted day care, etc.), exclusion of one- and two - single family homes under Sec. 38 -2 (a), and clarification of (d)(1)(f) regarding businesses or professional individuals sharing one (1) office suite. There was also discussion regarding re- inspection fees and sovereign immunity laws within the State of Florida. Mayor Salamone asked Mr. Kancilia to make the necessary changes to the ordinance prior to the second and final reading scheduled for June 7, 1994. Mr. Sargeant expressed the need to advertise the new fire inspection fees prior to the implementation of the fees on October 1, 1994. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Council had received copies of a possible add -on item, Resolution No. 94 -25. Motion by Mayor Salamone, seconded by Mr. Nicholas to add Resolution No. 94- 25 as an add -on item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE REVISED LEGAL DESCRIPTION OF THE FINAL PLAT OF "OCEAN GARDENS - WAVE TWO "; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -25. Mr. Boucher read a letter he had received from Beach Mapping & Surveying regarding the discrepancy found in the legal description of Ocean Gardens - Wave Two. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone adjusted the order of New Business at this time. r City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting • May 17, 1994 Page 6 • • L 4. Discussion & Motion Re: Award cooperative purchasing bid to Suncoast, Environmental, Inc.. for sewer manhole rehabilitation. Mr. Michael Gluskin, Public Works Director, explained that the City had approximately 250 manholes within its sewer system and approximately 16 of the manholeg had deteriorated as a result of noxious gases in the system. He asked Council's permission to contract with Suncoast Environmental, Inc., in the amount of $22,570 for rehabilitation of 16 manholes. He expounded upon the rehabilitation process in detail. Mr. Gluskin explained that the proposal was piggy- backed off a cooperative purchasing agreement that was awarded by the City of Naples in 1992, and subsequently extended for another year. He stated that he had contacted the company which had agreed to extend the prices to Cape Canaveral until Council approval was received. Mr. Kancilia questioned if the contract with the City of Naples was still in effect and Mr. Gluskin stated that it had expired. He stated that the City could not legally use the contract as a cooperative purchase since the original contract with Naples had expired. Mr. Gluskin stated that when his department had sought to accomplish the purchase, the Naples contract was still in force and within the time it had taken to bring the proposal to Council the contract had expired. He stated that without the cooperative purchasing prices, the job would possibly double in cost. Mayor Salamone stated that if such an emergency item came up again that a special meeting be called which required three (3) Councilmembers to call the meeting. There was further discussion regarding the deterioration of the City's manhole system, the slip lining process for rehabilitation of sewer lines, and the possibility of purchasing a system to rehabilitate the manholes with in -house staff and equipment. After a ten - minute break, the meeting was reconvened. Mayor Salamone directed the City Manager to work on the manhole rehabilitation situation immediately and to pursue the slip lining process for the sewer lines as well. She also suggested that a complete maintenance program for the sewer system be written and adhered to; Mr. Gluskin stated that his staff had identified all the lines and manholes which needed rehabilitation. No further action was taken on this item. 7. Discussion Re: Staff Planner vs. consultant planning services. Mr. Boucher presented some preliminary information regarding associated costs for a staff Planner as compared to utilizing an outside consultant for the Comprehensive Plan revisions. He stated that Dyer, Riddle, Mills & Precourt's (DRMP) proposal to provide such a consultant would cost $54,737. He asked for direction from Council on the matter. Mr. Berger suggested entering into a joint venture with another municipality for consultant planning services. Mayor Salamone spoke against having a full-time planner on staff. • City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 7 Mr. Porter stated that he felt that the matter had not been explored fully and he felt it was premature to disapprove the hiring of a staff planner or a consultant planner. He explained that when he suggested the hiring of a City planner, he did not have in mind that the individual would only be working on the Comp. Plan update. He wanted to hire an on -staff planner to also work with the City's redevelopment agency and Commercial Development Board for redevelopment of the A1A corridor; to coordinate grant efforts for projects the City wanted to do anyway; and to capitalize on items the Council had previously discussed such as utilizing the resources available through UCF to bring in volunteer staff to assist the City in its redevelopment program. He stated that the City could employ an individual for a full year at the same cost associated with the consultant services offered by DRMP. He further emphasized that if the City did create a redevelopment agency; during the second year the redevelopment agency could employ the City's planner within the agency. Mr. Nicholas expressed that he felt that the DRMP proposal was way out -of -line. He suggested advertising for planner services on a one -year basis. Mayor Salamone stated that a full-time person was not fiscally feasible for the City. She stated that no creative means /options had been offered to resolve the situation. Mr. Nicholas stated that the item needed to be established and pursued as a priority item. Mayor Salamone asked for a response from staff within a month. Mr. Gluskin advised that he was personally in favor of hiring a planner and that he could envision a number of tasks in addition to the Comprehensive Plan and investigating the possibility of grants whereby a City planner would be beneficial to the City. He also stated that it may be fiscally infeasible at this time to hire such an individual. There was additional discussion regarding the concept of a City planner and alternative means to resolve the situation. Mr. Porter stated that some of the areas included in the City's Comp. Plan may need to be reclassified as "blighted ". There was discussion regarding what Council envisioned the City to be in 20 years. Mayor Salamone asked Councilmembers to spend more time thinking about their vision of the City's future and discuss the matter again within a month. Mrs. Beatrice McNeely advised that she felt that it was important for the City not to take the short view and that long -term visioning was needed and she also felt that someone was needed on staff to be available to advise the City boardmembers on planning matters as well. 3. Discussion & Motion Re: Canaveral Port Authority's Interlocal Sewer Service Agreement proposal. Mr. Randels questioned why there were blanks included on page 4 of the agreement and Mr. Boucher explained that the numbers would be included upon the City's receipt of an actual construction price for the wastewater treatment plant improvements. Council disagreed with sending the agreement to the Port with blanks and asked that at least approximations be included in the blanks before presentation to the Port. A City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting • May 17, 1994 Page 8 • Mayor Salamone stated that the agreement had been discussed in full and agreed to previously. There was extensive discussion regarding the Port's request for 187,000 gpd of reserve capacity and whether or not additional capacity would be given to the Port at a later date should the Port utilize its full reserve capacity amount. It was discussed that 187,000 gpd be a daily limitation amount, not an average for the month or year. Mr. Boucher stated that the Port had been averaging a discharge amount of 60,000 - 70,000 gpd, but that the Port had a high peak in the past of 147,000 gpd. Mayor Salamone asked if a provision could be written in the agreement to allow that if the Port exceeded the 187,000 gpd capacity for a certain number of days, that the Port would then have one year to get off the City's system. Mr. Berger stated that Council wanted the excess capacity fines increased and inclusion of a two -year termination clause after excessive abuse (exceeding the 187,500 gpd limit). There was discussion regarding notifying the Port that the contract would be terminated in the year 2000. Mr. Randels did not believe it was in the City's best interests to terminate the contract. Mr. Berger questioned if it was in the City's best interests to treat the Port's sewage. Mr. Randels stated that the Port was paying 125 % of the fees charged to local customers which allowed for an approximate profit of $25,000 per year. Mr. Randels stated that he felt it was a win/win situation to treat the Port's wastewater. He stated that the Port needed the City as utilizing the City's wastewater plant was the most economical for the Port. He further expressed his support of continuing with the Port's agreement. Mr. Berger stated that workability between the entities and public relation concerns may also be reasons to continue treating the Port's sewage. Mr. Gluskin stated that earlier he had felt that the City should be partners with the Port, but the City was not gaining anything by treating the Port's sewage. He stated that the City would operate better without the Port due to the operational risk involved with treating the type of sewage that came from the Port. Mr. Nicholas suggested adopting a resolution fully stating the reasons for the termination of the Port's agreement at the next Council meeting. Council concurred to place such a resolution on the next Council workshop agenda. 5. Discussion & Motion Re: Ordinance No. 16 -94. Amending City's Code of Ordinances, by adopting a Development Agreement Policy to address infrastructure needs required by new development within the City, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, I r City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting • May 17, 1994 Page 9 FLORIDA, ADOPTING PROCEDURES AND REQUIREMENTS TO CONSIDER AND ENTER INTO DEVELOPMENT AGREEMENTS WITH PERSONS HAVING AN INTEREST IN REAL PROPERTY LOCATED WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Boucher explained the reasoning behind the proposed development ordinance. After discussion, it was determined that no action be taken on the ordinance. 6. Discussion & Motion Re: Resolution No. 94 -24. establishing a new schedule of rates for garbage and trash collection within the City. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels expressed his concerns regarding the maintenance and conditions of the dumpsters throughout the City. He asked Mr. Boucher to talk to Western Waste and advise that before Council considered adoption of the ordinance that all the dumpsters be painted, cleaned and deodorized. Mr. Nicholas stated that Western Waste needed to tell the City on what days of each month it would be deodorizing and cleaning the dumpsters. Mr. Porter stated that he had received calls regarding that the employees were not in uniforms. No action was taken on the resolution. 8. Discussion Re: Architectural Review Board. Mayor Salamone suggested that Council may want to further review the Boca Raton ordinance regarding an Architectural Review Board. Agenda the item for discussion at the next regularly scheduled workshop. 9. Monthly Activity Reports. No comments. 10. City Manager's Report. Mr. Boucher stated that he had provided copies of the transportation concurrency update to Council and that there was plenty of capacity on the City's roads. • Mr. Boucher stated that Council had been given copies of the FY 94/95 budget adoption schedule. Mayor Salamone questioned why the 5:30 p.m. times were included on the budget City of Cape Canaveral, Florida City Council Combined Workshop & Regular Meeting May 17, 1994 Page 10 schedule. She asked to discuss the item again at the next workshop. Mayor Salamone asked the Council for its permission to contact Mr. Lewis, new President of the Ocean Woods Homeowner's Association, to discuss the situation further. Council concurred with Mayor Salamone's request. ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 P.M. Approved this 7th day of June 1994.