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HomeMy WebLinkAbout06-07-1994 Regular MeetingCITY COUNCIL REGULAR MEETING June 7, 1994 A Regular Meeting of the Cape Canaveral City Council was held on June 7, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:02 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 City Council Meeting of May 17, 1994. • Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of May 17, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. • PUBLIC HEARINGS: 1. 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 second and final 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 RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 18 -94 at second and final reading. r City of Cape Canaveral Regular City Council Meeting . June 7, 1994 Page 2 Mr. Randels, stated he was in favor of the motion, but he wanted to question Chief Sargeant as to whether he or not one person could actually perform said inspections, or would the inspections require a new position. Mayor Salamone stated that the Fire Chief had been handling fire inspections for the past year. She explained that the City and taxpayers would be reimbursed for the cost of the inspections by charging inspection fees to the actual customers. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Ordinance No. 19 -94. Amending City's Code of Ordinances, Creating Article V. Hazardous Materials and Substances. of Chapter 38 to provide for the clean-up and abatement of the effects of discharges of hazardous substances. for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING ARTICLE V, HAZARDOUS MATERIAL AND SUBSTANCES, OF CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS; PROVIDING FOR CLEAN -UP AND ABATEMENT OF THE EFFECTS OF DISCHARGES OF HAZARDOUS SUBSTANCES; PROVIDING FOR COST RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 19 -94 at first reading. Mayor Salamone questioned where the hazardous material would be disposed and who would be responsible for the fees incurred. Mr. Boucher explained that a clean-up company would be called in to discard the material and that the company's fees would be paid by whoever caused the spill. Mr. Randels questioned the City's responsibility when a City vehicle caused a spill of hazardous chemicals. Mr. Kancilla answered that the City was liable under Federal Environmental Protection laws to clean up hazardous spills, but if the City was responsible for the hazardous spill, the City would incur the costs of clean -up even if a private contractor was used. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. r City of Cape Canaveral Regular City Council Meeting 1111 June 7, 1994 Page 3 • 2. Resolution No. 94 -26. Expressing the City's intent to terminate its Sewage Franchise Agreement with the Canaveral Port Authority on April 21. 2000. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PERMITTING THE SEWAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND THE CANAVERAL PORT AUTHORITY TO EXPIRE AT THE END OF ITS TERM; DIRECTING THE CITY ATTORNEY TO PROVIDE NOTICE OF THE EXPIRATION OF THE SEWAGE FRANCHISE AGREEMENT TO THE CANAVERAL PORT AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 94 -26. Mr. Randels questioned the benefit of the resolution to the City. Mr. Randels was specifically concerned with Section 3 whereby the City would formally terminate negotiations with the Port. He inquired if this would prevent the City from future permit negotiations with the Canaveral Port Authority. Mr. Kancilia responded that resolutions were matters of temporary character. Mr. Nicholas stated that only a referendum was irrevocable. Mayor Salamone commented that she had spoken to Mr. Kennedy of the Canaveral Port Authority and that the franchise agreement termination was amicable between the City and the Port and that the Port was being given five to six years notice which was adequate time for the Port to continue on with its own plans. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 3. Resolution No. 94 -27 Removin an alternate member from the Plannin & Zonin Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING AN ALTERNATE MEMBER OF THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -27. Mr. Randels spoke in favor of the resolution to the effect that Council policy instituted the removal of a Boardmember who had not been present at three or more Board meetings. Mr. Nicholas r City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 4 proposed that the Board take action by way of recommendation and notify the Council of board members' attendance. Mayor Salamone requested that the Chairman of the Planning and Zoning Board be notified that such a procedure be done by recommendation of the Board instead of by City staff. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -28. Supporting the Brevard County Board of County Commissioners application process of applying for Federal Anti-Drug Abuse Funds to the State of Florida, Department of Community Affairs. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, SUPPORTING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION PROCESS OF APPLYING FOR FEDERAL ANTI -DRUG ABUSE FUNDS TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, APPROVING THE DISTRIBUTION OF THE ANTI -DRUG ABUSE FUNDS AVAILABLE FOR THE DRUG TASK FORCE INTERDICTION TEAM AND THE DRUG INTERVENTION PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -28. Mr. Randels spoke in favor of the resolution whereby the County would give 25% , approximately $92,000, and the State would give $278,000. Mayor Salamone expressed that the resolution would benefit everyone involved by keeping City streets safe. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Resolution No. 94 -29, Entering into a Cooperative Agreement with Brevard County, Florida, for the Community Development Block Grant Program Fiscal Years 1995, 1996 and 1997. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENTERING INTO A COOPERATIVE AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEARS 1995, 1996 AND 1997; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 5 Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -29. Mr. Randels stated that in the past the CDBG program received $6.7 million dollars and the City's Comprehensive Plan designated a portion of the City for these types of projects. Mayor Salamone commented that she had visited cites where the funds were allocated and found it phenomenal as to what Brevard County had been able to accomplish using this grant money. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. City Manager's Report. Mr. Boucher spoke with Sheriff Miller on June 7, and Sheriff Miller informed him that Lt. McGee was being considered as a candidate for a civil service position that opened up in one of their precincts. Mayor Salamone explained that when Council originally added the lieutenant position, it was a temporary position. She proposed having the position be certified in an effort to show job security for people in that position. Mayor Salamone commented that the motion would show Council's support of having the position certified with Lt. McGee remaining at Cape Canaveral. Mr. Nicholas explained that the certification was done by the Sheriff's department, not Council. Mayor Salamone expressed that Council did not ask for certification at the time the position was originally filled. She asked Mr. Kancilia if Council needed a resolution to ask for certification. Mr. Kancilia answered that it could be done by motion. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Nicholas that Council add the lieutenant position to be a certified civil service position in Cape Canaveral. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that the City had been placed on the State Revolving Loan fundable list at the end of May and during June the City would be working on the application. Mr. Randels questioned loan rate stability. Mr. Boucher responded that at the time of the request the rate was at 2.7 %, however, the rate may rise. DISCUSSION • 1. Ms. Miller introduced Mrs. Susan Stills as the new Secretary in the City Clerk's office. City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 6 2. Mayor Salamone reported the results of her Local Government Cooperative meeting which included a discussion regarding the use of the planners on staff with the County. Commissioner Andreas assured Mayor Salamone that the City could utilize County planners for the Comprehensive Plan update and the A1A and North Atlantic plans. 3. Mayor Salamone asked Mr. Boucher if the letter from Mr. Roger Vaughn had been answered regarding reimbursement for unclogging his sewer line. Mr. Boucher explained that the City's ordinance placed the responsibility on the property owner. Mr. Vaughn had a sag in the pipe which collapsed on the lateral. Mr. Kancilia stated that the City's responsibility started at the main, not at the lateral. Mr. Nicholas commented that when the City installed the sewer system it had also installed the laterals. Mayor Salamone suggested that the City consider reimbursement of the cost of the three (3) plumbing bills ($237.00, 157.50, and 730.00) at a total of $1,124.50. She stated that the City did not want to place an unfair burden on a property owner due to deterioration of City sewer pipes and lines. There was discussion regarding City staff reviewing such problems on a case by case basis and the need for City staff to investigate such problems to determine if the sewer problems were the property owner's or the City's responsibility. Mr. Berger suggested that City staff needed to investigate what costs in Mr. Vaughn's claim were legitimately the City's responsibility. Council concurred to schedule discussion and possible reimbursement of Mr. Vaughn's claim at the next Council workshop meeting. 4. Mr. Randels reported that Orange Park, Florida was the new location of the lingerie shop that had requested permission to open in Cape Canaveral. 5. Mr. Randels announced that he had been appointed as a new Boardmember on the Environmental Endangered Lands Procedure Commission. 6. Mr. Randels commended Mayor Salamone's team for receiving 2nd place in the Brevard County Trash Bash. Her team collected a total of 161 bags of trash. 7. Mr. Randels commented on a reinventing government class that he and Mr. Boucher had attended at Brevard Community College where they had learned many new governmental strategies. 8. Mr. Randels passed out circulars describing the artificial reef used in Palm Beach and proposed to be used in Indian River County for controlling beach erosion. The concrete reef stops 225 feet from the shoreline and provides protection from storms and from erosion of the shoreline. • 9. Mr. Nicholas noted that the VFW had an opportunity to use the Veteran's Park twice in the past month on Memorial Day and D -Day. He expressed appreciation on behalf of the A City of Cape Canaveral Regular City Council Meeting June 7, 1994 Page 7 Veterans to City staff for their efforts in maintaining the park. ADJOURNMENT: There being no further business, the meeting adjourned at 7:50 P.M. Approved this 21st day of June �. 1994. a Va,--/-144),--p-x--0 amone, MAYOR • City of Cape Canaveral, Florida • FILE CORY The following is a verbatim transcript of a portion of the City Council Regular Meeting held on June 7, 1994: Mr. Boucher: Mayor Salamone: "I spoke with Sheriff Miller this afternoon, he informed me that Lt. McGee is being considered as a candidate for a transfer to a civil service position that had opened up in one of their precincts and I just wondered if you guys had any comment or input. I will be meeting with Sheriff Miller tomorrow..." "When we originally put the Lieutenant position in here, for those of you new to Council, it was a temporary position; it was not certified for the civil service position and it was agreed at that time that we would look at it again to get it certified. I think that this is a real good time for us to show job security to people who are in that position here in the City and ask that it be a certified position here in Cape Canaveral. We have a lieutenant in our contract, but it's not certified." Mr. Nicholas: "Would that make a difference in retaining Lt. McGee ?" Mayor Salamone: "I think it would make a tremendous difference if this Council supported that we want that position certified and then that we say that we really would like Lt. McGee to stay in it. It's job security for Lt. McGee that he would go to another position at this time." Mr. Nicholas: "This certification process is not something that we do, that's something that the Sheriffs Dept. does." Mayor Salamone: "Right, we just have to ask for it. We did not ask for it at the time that we used that position. It's something that we did not pursue and its been our fault that the lieutenant in that position has not had security." Mr. Nicholas: "Well, by asking for it, then we're saying that, I assume, that would be carrying the message that we intend to retain that as a permanent position with the Sheriff's Division." Mayor Salamone: "Do we need a resolution to do this ?" John Kancilia: "No, you could do it by motion." Mayor Salamone: "Move for an add -on item." Mr. Nicholas: "Second." Mayor Salamone: "Call the question." • • • Verbatim Transcript - June 7, 1994 Page 2 City Clerk: Roll call vote - unanimous. Mayor Salamone: "Move that we add the lieutenant position to be a certified civil service position in Cape Canaveral." Mr. Nicholas: "Second." Mayor Salamone: "I have a motion and a second. Discussion." Mr. Randels: "I'm not sure it's all that simple, I think the intent is good, Mayor. But as I understand it there's only so many positions, so many lieutenants, so many captains, so many sergeants, and this particular vacancy is in Merritt Island." Mayor Salamone: "But, no, in our contract we have a lieutenant. It says lieutenant in our contract, what we didn't do was make that permanent to the Canaveral precinct so to speak and by doing this we make that permanent and then we can ask the City Manager in his meeting tomorrow to let them know that the reason we're doing it is that we're asking for security for the lieutenant we currently have." Mr. Randels: "Do we know exactly what Lt. McGee wants ?" Mayor Salamone: "Would I be sitting here making this kind of motion if I hadn't spoken to him? No, I would not - I assure you. It's in our best interests. The Sheriff has the last decision, of course, because it's a contract and we are all aware of that, but we should have some say. I spoke with him today also and said that we're a small community - it takes at least two years for a new administrator here to get to know the people, understand the situation and everything that goes on politically as well as the Sheriffs Department itself. And that I think that in a small town moving people just to move them isn't a good idea and I feel very strongly about that and I think Council would support that." Mr. Nicholas: Mr. Randels: "As you recall Rocky that was one of the things that we stipulated when we went into the contract with the Sheriffs Department was that we wanted permanent people stationed here, not use it as a training ground, even though we've seen some of that, but we do have a basic core of permanent personnel." "I certainly would support it, I just don't want us to be disappointed in thinking that this will get it because there's only so many captains, and so many lieutenants and so many this." Mayor Salamone: "But this is the only step we can do as a Council to ensure that they understand • the support we have." • • • Verbatim Transcript - June 7, 1994 Page 3 Mr. Nicholas: "We have no guarantee that McGee is going to remain here." Mr. Berger: "But once we do this we're going to be guaranteed that we're going to be billed for a lieutenant's position." Mayor Salamone: "Right. We'll be guaranteed that position, they'll add it to their big overall picture." Mr. Randels: "I guess the reason it was not certified to begin with, if I understood, was because it was a year to year contract and you can't build in permanent positions when you may not have a contract next year." Mr. Nicholas: "We're not going to do the certification, what we're doing is we are requesting that this position be certified, in essence guaranteed as a permanent position. If Sheriff Miller decides no he's not going to run his department that way, then, that's his decision." Mr. Randels: "I certainly would support asking for it." • Mayor Salamone: "And that's we're headed and our support is for Lt. McGee. Okay? Call the question." City Clerk: Unanimous vote - Berger, Yea; Nicholas, Yea; Randels, Yea; Salamone, Yea. Mayor Salamone: "Please let the Sheriff know that is unanimous that we stand behind each other 100 %." •