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HomeMy WebLinkAbout01-13-1994 WorkshopCITY COUNCIL WORKSHOP MEETING January 13, 1994 A Workshop Meeting of the Cape Canaveral City Council was held on January 13, 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 Assistant City Attorney Kevin Markey Present City Clerk Faith Miller Present BUSINESS: 1. Discussion Re: Restructuring of Building Department positions and release of funds for two (2) part-time positions. Mr. Boucher stated that in conjunction with the Building Official he was requesting approval of the recommendation to fill one (1) full -time Secretary II position and one (1) part-time Code Enforcement Officer position in the Building Department. Mr. Randels expressed his concerns regarding the possible detriment to the Code Enforcement capabilities by reducing the Code Enforcement Officer position to part-time. Mr. Boucher further explained his reasons for recommending the full -time secretarial position. Mr. Nicholas stated that he had no problem with the full-time Secretary, but that he was also concerned about the part-time Code Enforcement Officer position. There was further discussion regarding the proposed restructuring of the Building Department and the need for increased Code Enforcement activities. Mr. Morgan stated that until the new part-time Code Enforcement Officer was fully trained that Tom Kleving, Building Inspector, would present the cases to the Code Enforcement Board. He stated that the paper trail would be handled by the Building Department Secretary and he had received assurance from Mr. Boucher that the Department could use the City Manager's Secretary to do the required typing and attend the Code Enforcement meetings. Mayor Salamone stated that for an additional $10,000 the Building Department would be able to have a full-time Secretary II and a full-time Code Enforcement Officer for the remainder of the fiscal year. She stated that she would place contingencies on the full-time Code Enforcement Officer position including weekend and evening hours of work to assist in the enforcement of Code violations. There was further discussion regarding the City's ability to hire someone with code enforcement and building inspection experience; the need for adherence to aesthetic guidelines set by the City; the amount of paperwork and documentation necessary in the code enforcement process; • • City of Cape Canaveral, Florida City Council Workshop Meeting January 13, 1994 Page 2 and the workload of the Building Department secretarial position. Mr. Boucher advocated cross training all the secretarial staff within City Hall to be able to attend and take minutes at Council and/or Board meetings as a back -up. Mr. Berger supported Mr. Boucher's recommendation for a full-time Secretary 11 and a part-time Code Enforcement Officer and he would support a full-time Code Enforcement Officer if that individual would be required to work weekends and evenings as needed. Dave Sargeant, Fire Chief, commented on the need for Code Enforcement services on weekends and he felt that a full-time Code Enforcement Officer was needed. Mayor Salamone asked that the full-time Secretary II position be placed on Tuesday's agenda and the full-time Code Enforcement Officer /Building Inspector be scheduled for the next Council workshop meeting. She asked that when the Code Enforcement Officer position was posted as a job opening that it include qualifications for building inspector as well. She stated that the part-time Accounting Clerk position would be placed on Tuesday's agenda also. Mayor Salamone asked that Mr. Morgan provide Council with a 40 -hour schedule for the proposed Code Enforcement Officer position that included some evening and weekend work. 2. Discussion Re: Quarterly budget transfers. Ms. Deborah Haggerty, City Treasurer, advised that at the close of the first quarter, the City was in an adequate financial position. She stated that due to construction implementation of the permitting for Ocean Oaks at the beginning of the fiscal year there was increased Building Department revenue, site plan income, and Fire trust funds. Ms. Haggerty addressed Council's concerns regarding the budget transfers. Agenda this item for Tuesday. 3. Discussion Re: Request for Proposals for cable system evaluation. Mr. Boucher explained that the City owed it to its residents to solicit competent expertise to assist the City in the negotiation process of the cable television franchise. He stated that the City of Titusville had recently gone through a similar process and it had helped them tremendously to utilize consultants who were knowledgeable about the cable legislation and industry. He explained that an estimated cost for the consultant would be approximately $30,000. Mayor Salamone recommended advertising the request for proposals and then determining whether or not the City could afford the consultant's costs. Agenda this item for Tuesday. There was general discussion regarding the Fire Department's proposed purchase of a Hurst Tool which was included in the previous agenda item. 4. Discussion Re: Certification to regulate basic cable service rates. Mr. Boucher stated that in accordance with the Cable Television Act, the City could opt to • • City of Cape Canaveral, Florida City Council Workshop Meeting January 13, 1994 Page 3 certify the basic tier of television stations and the equipment rental and service fees. The City would have to complete FCC Form # 328 and adopt FCC guidelines /regulations 120 days after becoming certified. He explained that Cablevision would have to justify its per channel rate which would be matched against the FCC's benchmark rate. Mayor Salamone questioned if Cablevision would be able to remove channels from the basic tier by assigning them another designation, thus allowing Cablevision the ability not to justify the per channel rate. There was general discussion regarding the feasibility of regulating the basic cable service rates. Agenda this item for Tuesday. 5. Discussion Re: Architectural Review Board. Mr. Boucher stated that he had obtained an ordinance regarding an Architectural Review Board from the City of Cape Coral which had been distributed to Council. Mayor Salamone asked staff to obtain additional information regarding aesthetics or architectural review guidelines and that additional discussion be scheduled at a workshop after more information was received. Mr. Boucher stated that the City currently had several vacancies on its other Boards and commented on how difficult it may be to fill another Board. Mr. Morgan stated that it may be possible to draft an ordinance requiring that anything fronting a major corridor or roadway to be aesthetically pleasing or have a veneer which faced the street. Mayor Salamone asked that the City Attorney draft such an ordinance for the next workshop meeting. Mr. Nicholas asked that staff obtain a copy of the Winter Park regulations. 6. Discussion Re: Resolution No. 94 -02. Supporting the formulation of a Local Government Cooperative Committee. Mayor Salamone stated that once the resolution was adopted, it would be forwarded to the Port and the City of Cocoa Beach to ask that both entities draft similar types of resolutions. Agenda this item for Tuesday. 7. Discussion Re: Ordinance No. 01 -94. Amending City's Code of Ordinances, Chapter 685. Parking Regulations, to allow the designation of fire lanes. Agenda this item for Tuesday. 8. Discussion Re: Ordinance No. 02 -94, Amending City's Code of Ordinances. Section 645.05, Site Plan Submittal and Review Procedures. Agenda this item for Tuesday. 9. Discussion Re: Ordinance No. 03 -94. Amending City's Code of Ordinances. Section 64 .35, Zoning Ordinance Interpretation and Enforcement. by deleting official to interpret zoning regulations. • • City of Cape Canaveral, Florida City Council Workshop Meeting January 13, 1994 Page 4 Mr. Randels questioned the reasoning for the proposed ordinance and Mr. Kancilia explained same. Mayor Salamone stated that the Council did not want the Building Official to be the individual responsible for interpreting the Codes; that the Codes were to be enforced in the way that they were written. Agenda this item for Tuesday. 10. Discussion Re: Ordinance No. 04 -94. Amending City's Code of Ordinances, Subsection A of Sectio 711.10 Constructi . n Noise to chan • e the authori for • rantin exce . tion to time limits from the Building Official to the City Council. Mr. Randels explained his opposition to the proposed ordinance as he did not understand the need for the ordinance. Mr. Jim Morgan, Building Official, gave an example of a problem situation caused by such an ordinance. Council concurred to deny this ordinance. 11. Discussion Re: Ordinance No. 05 -94. Amending City's Code of Ordinances, Section 645.31, Reconsideration of Administrative Review, Special Exception or Variance, to clarify the exception of the time period for petitions for reconsideration filed by the City Council. Mayor Salamone stated that the City Council as an elected body could go before the Board of Adjustment to ask that a petition be reconsidered. Mr. Nicholas stated that a citizen should have the right to ask the City Council to reconsider a petition denied by the Board of Adjustment. Mr. Markey stated that Council wanted to enable a citizen during the two year period to come to the Council to petition the Council for reconsideration to the Board of Adjustment. The ordinance would be amended to reflect Council's concerns. Agenda this item for Tuesday. 12. Discussion Re: Ordinance No. 06 -94, Amending City's Code of Ordinances, Subsection (J) of Section 624.26, General Standards. to eliminate replacement of structures which do not conform to requirements for Flood Damage Prevention. Agenda this item for Tuesday. 13. Discussion Re: Ordinance No. 07 -94, Amending City's Code of Ordinances, By repealing Section 737.11. Signage. Agenda this item for Tuesday. 14. Discussion Re: Ordinance No. 08 -94. Amending City's Code of Ordinances, Paragraph (8) of Subsection (B) of Section 729.03. Issuance of Permit. to extend the time of conclusion of an outdoor entertainment event. Agenda this item for Tuesday. 15. Discussion Re: Ordinance No. 09 -94, Amending City's Code of Ordinances, Section 604.02. Prohibiting Consumption or Possession of Alcoholic Beverage, to provide that the City • • City of Cape Canaveral, Florida City Council Workshop Meeting January 13, 1994 Page 5 Council may waive the prohibitions of said section. Agenda this item for Tuesday. 16. Monthly Activity Reports. No comments. 17. City Manager's Report. Mr. Boucher advised that former Councilmember Ann Thurm had submitted her request for reimbursement of expenses (approximately $1,000) incurred in defense of ethics complaint. He stated that the City's insurance company had denied the request because the alleged actions took place September 1, 1990, prior to the City securing the extra contractual legal expense coverage. He stated that Mrs. Thurm had asked the City to reimburse her for her fees. Mr. Boucher commented that the Ethics' administrative hearings were not judicial proceedings and thus would not be covered under errors and omissions insurance. Mayor Salamone stated that the present insurance would cover such an incident under the City's current insurance. Agenda this item for Tuesday. Mayor Salamone reminded Mr. Kancilia that once anything was voted upon to reimburse any current or former member of Council due to ethics complaints, she wanted proceedings taken against the individuals who had filed the ethics charges to recoup the taxpayers dollars. She also asked that the other Councilmembers submit their expenses prior to Tuesday as well. Mr. Boucher declared that the City had been awarded the 1993 Municipal Safety Award by the Central Florida Chapter of the National Safety Council. He stated that the awards ceremony was scheduled for January 18, 1994, at 12:00 p.m., at Church Street Station in Orlando and he invited Councilmembers to attend. Mr. Boucher commended City employees for their efforts in the safety program. He stated that during the prior year the City had received a 30% surcharge on Workers Compensation, and this year the City had received a 5 % discount. He stated that in February he planned to have a meeting with all the employees to share in the City's recognition and to distribute safety awards to applicable employees. Mr. Boucher stated that he had spoken to Port Authority staff and the Port was interested in being part of the reuse option with Cocoa Beach. He stated that the Port wanted the City to finance the Port's share of the upfront costs. He advised that he would be meeting with Cocoa Beach's consultants on Tuesday and he had invited the Port's representatives to attend the meeting also. Council was not in favor of the Port's suggestion for financing the upfront fees. Mr. Boucher stated that he had received a letter from Mr. Peeples regarding the Discovery Bay project which questioned when the City would be building the Tower Boulevard road. He stated that the City's letter in 1990 to Luis Lorie outlined all the criteria where the developer had to • • City of Cape Canaveral, Florida City Council Workshop Meeting January 13, 1994 Page 6 relocate all utilities which stated that the City would build the road contingent upon funds being available. He stated it was in the City's capital budget for FY 95/96. Mayor Salamone stated that the City did not have the funds and encouraged the developer to pay the costs to have the road built. Mr. Morgan advised that the developer could not be issued a permit for a house in Discovery Bay until the road was extended. DISCUSSION: 1. Mr. Markey commented briefly on the Abbott vs. City of Cape Canaveral lawsuit. He advised that the judgement stated that the City was entitled to recover costs; costs were a matter of general rule and judicial precedent. Mayor Salamone stated that everyone's involvement including Boardmembers and City staff's time needed to be calculated into the final cost figure. Mr. Markey stated that Mr. Roper would provide advice to Mr. Boucher as to what items were compensable. He stated that the weight of the authority that the court lent to the preamble of the ordinance was significant. The court had determined that the constitutional concerns were unfounded. Mr. Markey stated that if the decision was appealed it would go to the 1 lth District Circuit Court of Appeals in Atlanta. Mr. Boucher stated that many, many hours of staff time and paperwork were spent on defense of the lawsuit. Mayor Salamone stated that the personal remarks on the professional lives and abilities of the individuals involved were totally vindicated by the judgement. 2. Mr. Morgan questioned whether or not the City could file a judgement or action which prevented Mr. Abbott from selling off any property. Mr. Markey stated that with the assumption that the federal court did enter a judgement with a specific dollar amount against Mr. Abbott, payment would still have to exacted from Mr. Abbott. He stated that it may entail spending more money to get the City's money. Mr. Markey would check with Mr. Kancilia regarding the City's legal ability to freeze Mr. Abbott's assets. 3. Ms. Miller stated that the City's annual Volunteer Banquet had been scheduled for Saturday, April 16th at the Radisson Resort. Mayor Salamone stated that she had authorized the booking of the room and that the cost for the Banquet would be more than what was budgeted. She asked that a preliminary letter be sent to all Boardmembers regarding the planning of the dinner which advised that if a reservation was made it would be paid for whether or not the Boardmember attended the dinner. 4. Mayor Salamone stated that she had asked last year that hosting of the Space Coast League of Cities dinner be shared with another municipality. She also stated that she would not schedule the dinner at a restaurant outside the City if the City was hosting the dinner individually. She stated that the Radisson was not receptive to the League rules for the dinner. Mr. Berger stated that one of his employees knew the Radisson manager very well and he would be willing to work with the Radisson to assist in any manner possible. 5. Mr. Berger commented on the nepotism issue and his concern regarding the need for more • City of Cape Canaveral, Florida City Council Workshop Meeting January 13, 1994 Page 7 volunteers on City boards, most particularly on the Planning & Zoning Board, which did not have experienced Board members with a history of the City and Board membership. Mayor Salamone stated that the nepotism issue would be taken back to the voters at a referendum. Mr. Nicholas stated that maybe some of the past Board members would be willing to come back and serve. Mayor Salamone stated that she would like to see Lamar Russell and Jeanne Benson appointed to the Planning & Zoning Board and Code Enforcement Board respectively as ex- officio members. She stated that Mr. Kancilia had advised that since the ex- officio members were not allowed to vote on any Board matter that there would not be a conflict with the nepotism provision. Mr. Boucher stated that he would be more comfortable with an opinion from the Ethics Commission or the Attorney General. Mayor Salamone asked the City Attorney to obtain a written opinion on ex- officio members. There was further discussion regarding the nepotism issue and the possibility of including a referendum on the nepotism concern on November's ballot. 6. Mr. Nicholas commented on the possibility of changing the starting hours of operation on Sunday for liquor sales from 1:00 p.m. to 10:00 a.m. Council concurred to think about the change and discuss it further at the next workshop meeting. There being no further business, the meeting adjourned at 9:35 p.m. fj 8 / aid G. Miller City 'Clerk